The above captioned case was scheduled for hearing on October 22, 2002 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Filippi, Coutu, Wahlberg, OConnell, Newbrook, Richard and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 23, 2002 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the October 22, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the September 23, 2002 plan review report as its initial findings of fact.
	Any deficiency, understood by the Board, to have been corrected which is not so corrected shall be immediately corrected by the Applicant.  The term approved as used herein is defined in Section 23-28.1-4(3) of the Rhode Island General Laws.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the October 22, 2002 hearing on this matter, the Board was advised that the Applicant sought variance from the provisions of Section 23-28.22-6.  Specifically, the Applicant proposed a credit card type operation of the gasoline dispensers.  The Board was further advised by the Applicant that he would comply with all of the case precedent established by the Board in granting variances to allow credit card dispensing of gasoline.  Specifically, the Applicant would provide an attendant who maintains full control of the operation and that the attendant would continue to supervise and authorize all transactions.  The Applicant would further agree that the attendant will maintain visual contact with the customer and must authorize the fuel dispensing through the console located in the control area.  Large vehicles such as trucks, buses, trailers shall be restricted to the outside islands so as not to obstruct the attendants view.  In the event the Applicant is unable to maintain large vehicles strictly to the outside island, to the satisfaction of the Providence Fire Marshal, the Applicant may utilize video surveillance by the attendant as an alternative to restricting the larger vehicles to the outside island.  Accordingly, this variance is granted pursuant to the same conditions imposed upon Shell Oil, Mobile Oil, and the other gasoline companies seeking to utilize credit card dispensing of their gasoline products.   

	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.   In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  
	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].