A hearing involving the above-captioned property was conducted on Tuesday, January 28, 2025 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] sections 23-28.3-5, 42-35-9 and 42-46-3. 
 
In attendance at the hearing were the following: 
COMMISSIONERS: Chairperson Blackburn, Vice-Chairperson Thornton and Commissioners Walker, ODonnell, Walsh & Mancini. 
AUTHORITY HAVING JURISDICTION [AHJ]: State Fire Marshal Daniel Hultquist and Chief Deputy State Fire Marshal David Pastore of the State Fire Marshals Office. 
APPELLANT: Peter McNerney. 
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq. 
 
TRAVEL OF THE CASE 
 
1.	This is an Application for Appeal submitted under RIGL chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder. 
2.	The Application was submitted by Peter McNerney (owner) of 100 Ocean Avenue, Block Island, RI dated January 3, 2025. 
3.	The Application was processed by the Board and Appeal  2025001 was filed on January 21, 2025. 
4.	This facility was initially before the Board on or about September 24, 2019 at which time Decision  190134 was issued dated October 3, 2019. 
5.	This facility was again before the Board on December 21, 2021 at which time Decision  2021112 was issued dated January 13, 2022. 
6.	A hearing on the Application was conducted on January 28, 2025 at 1:00 PM before the Fire Safety Code Board of Appeal and Review. 
7.	After consideration of the application, the testimony of the witnesses and of the entire record presented to the Board, and after carefully reviewing such information, a motion was made by Commissioner Mancini and seconded by Commissioner ODonnell to DENY the Appellant relief as outlined herein.  The motion passed on a 6 to 0 vote. 
 
RECORD OF THE CASE 
 
The following documents are part of the administrative record for Appeal  2025001 and are pertinent to the decision rendered: 
 
1.	Appeal Application  FVA-25-01 submitted on January 3, 2025 and filed on January 21, 2025. 
2.	State Fire Marshals Office Inspection Report dated December 5, 2024. 
3.	State Fire Marshal's Offices Request for an Expedited Hearing dated January 6, 2025. 
4.	Letter of authorization for Peter McNerney from Jeffrey Wright of the Block Island Utility District dated January 17, 2025. 
5.	Decision  2021112 dated January 13, 2022. 
 
EXHIBITS 
 
The following documents were presented at the January 28, 2025 hearing as exhibits: 
 
1.	None. 
 
 
FINDINGS OF FACT 
 
Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Findings of Fact: 
 
1.	The determinations below correspond with the December 5, 2024 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Appellant and the State Fire Marshals Office during the January 28, 2025 hearing on this matter.  Accordingly, the Board hereby incorporates the December 5, 2024 inspection report as its initial findings of fact.  Any modification of the Boards findings relating to this report, such as correction of a deficiency by the Appellant, shall be noted herein. 
2.	The Board finds that the liquefied petroleum gas [LPG] fueling facility located at the above location is subject to the requirements of the Rhode Island Fire Safety Code, more particularly the Fire Code, NFPA 1, as reserved and amended, Chapter 69 (Liquefied Petroleum Gases and Liquefied Natural Gases) and NFPA 58, Liquefied Petroleum Gas Code (2017 edition). 
3.	The Board finds that the State Fire Marshal is authorized to summarily stop any condition which presents immediate danger to life in accordance with RIFSC section 450-RICR-00-00-1.7.5. 
4.	The Board finds that the Appellant does not possess a valid permit for the business of storing, handling, or dispensing liquified petroleum gas [LPG] notwithstanding notice by the State Fire Marshal's Office  the most recent valid permit expired on or about July 31, 2024. 
5.	The Board finds that the State Fire Marshal has made a lawful and reasonable determination that conditions exist at the above-captioned location that present an immediate danger to life, warranting the reinstatement of the original Stop Work Order [SWO] dated November 9, 2021 in accordance with the Rhode Island Fire Safety Code. 
6.	The Board acknowledges the strong opposition of the State Fire Marshal's Office to the granting of any relief to the Appellant allowing the current operation to continue until such time that the facility is brought into full compliance and a valid permit for operation has been obtained. 
 
 
CONCLUSIONS OF LAW AND 
DETERMINATIONS ON VARIANCE REQUESTS 
 
References to NFPA shall mean the National Fire Protection Association; references to the Rhode Island Fire Code [RIFC] shall mean NFPA 1, (2018 edition) as incorporated by reference and amended by 450-RICR-00-00-7; and, references to the Rhode Island Life Safety Code [RILSC] shall mean NFPA 101, (2018 edition) as incorporated by reference and amended by 450-RICR-00-00-8. 
 
1.	The Board hereby DENIES the Appellant a variance from all provisions of the Rhode Island State Fire Safety Code and directs that the original Stop Work Order dated November 9, 2021 be reinstated in full, effective as of the date of the hearing. 
2.	The Board hereby grants the Appellant a time variance until February 12, 2025 to wind down all LPG storage, handling and dispensing operations and to deplete all existing on-site LPG product, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further directs the Appellant to comply with the following conditions: 
a.	No further incoming deliveries of LPG shall be permitted at the facility for the duration of the SWO; 
b.	All outstanding deficiencies/violations relating to the LPG fueling operation at the facility shall be corrected and complied with in full prior to the vacating of the SWO; and, 
c.	A valid LPG permit shall be obtained from the State Fire Marshal's Office prior to the vacating of the SWO  once a valid permit has been obtained, normal operations may resume, at the direction and to the satisfaction of the State Fire Marshal's Office. 
 
Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Appellant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals). 
 
STATUS OF DECISION AND APPEAL RIGHTS 
 
1.	This Decision constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in RIGL section 42-35-12 and 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 Appellants 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.  [See: Fire Safety Code [FSC] section 450-RICR-00-00-1.7.2(W)]. 
2.	Failure of the Appellant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  [See: FSC section 450-RICR-00-00-1.7.2(Y)].  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 FSC or a revision of the above-cited classification.  [See: FSC section 450-RICR-00-00-1.7.2(Z)]. 
3.	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 RIGL section 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.  [See:  FSC section 450-RICR-00-00-1.7.2(AA)]. 
4.	In accordance with RIGL section 23-28.3-5(e), any person who violates a final order of the Board may be subject to prosecution in the District Court with possible imprisonment for a term not exceeding one (1) year, or fined not more than one thousand dollars (1000) for each offense. 
5.	In accordance with RIGL section 42-35-12, the Appellant 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.  [See: RIGL section 23-28.3-6 and FSC section 450-RICR-00-00-1.7.2(S)].  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].