A hearing involving the above-captioned property was conducted on Tuesday, February 18, 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: Vice-Chairperson Thornton and Commissioners Spaziani, Walker, Muto, Walsh & Mancini.
AUTHORITY HAVING JURISDICTION [AHJ]: Deputy State Fire Marshal Richard Vespia of the State Fire Marshals Office.
APPELLANT: Wade Palazini and David LeBlanc.
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 Wade Palazini (authorized representative) of Jensen Hughes, 117 Metro Center Boulevard  Suite 1002, Warwick, RI dated December 17, 2024.
3.	The Application was processed by the Board and Appeal  2024216 was filed on December 23, 2024.
4.	The property was previously before the Board on or about May 15, 2007 at which time Decision  070235 was issued dated September 21, 2007.
5.	A hearing on the Application was conducted on February 18, 2025 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	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 Walker and seconded by Commissioner Walsh to grant the Appellant the 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  2024216 and are pertinent to the decision rendered:

1.	Appeal Application  FVA-24-216 submitted on December 17, 2024 and filed on December 23, 2024.
a.	Attached Plan of Action dated December 6, 2024.
b.	Letter of authorization for Jensen Hughes from Nikolas Persson of the Rhode Island Airport Corporation [RIAC] dated December 11, 2024.
2.	Decision  070235 dated September 21, 2007.

EXHIBITS

The following documents were presented at the February 18, 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 determination below corresponds with those of the December 6, 2024 plan of action report compiled by the Appellant.  The above report was utilized by the Board, the Appellant and the State Fire Marshals Office during the February 18, 2025 hearing on this matter.  Accordingly, the Board hereby incorporates the December 6, 2024 plan of action 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 building is an existing multi-story above grade building, classified as a multiple/mixed use occupancy (storage and business  primarily an open-air parking structure with associated customer service operations and fuel dispensing facilities).
3.	The Board finds that Decision  070235 provided certain relief from NFPA 1 (2003) sections 42.2.6.5.5 (fuel dispensing above street level) and 42.2.6.5.6 (fuel dispensing to more than four (4) vehicles).
4.	The Board further finds that as a condition of the relief granted in the above Decision, the fueling decks of the facility are currently provided with an automatic aqueous film-forming foam [AFFF] deluge suppression systems.  (See Appellants Fire Code Action Plan dated April 13, 2007).
5.	The Board finds through the testimony of the Appellant that the use and manufacturing of AFFF concentrate has been phased out by the respective manufacturers as a result of environmental and health concerns and that the product is no longer available as an extinguishing agent for these systems.
6.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

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 reaffirms the relief previously granted in Decision  070235 from NFPA 1 (2003) sections 42.2.6.5.5 (fuel dispensing above street level) and 42.2.6.5.6 (fuel dispensing to more than four (4) vehicles).
2.	The Board hereby modifies the original conditions of the above relief wherein the AFFF deluge systems may be replaced in their entirety with code compliant NFPA 13 (2016) automatic dry pipe deluge systems subject to the following additional conditions:
a.	The installation shall be in accordance with NFPA 13 Extra Hazard Group 2 [13:5.4.2] with a design density of 0.36 gpm/sq.ft. over the area of the associated sprinkler zone;
b.	During the conversion process and installation, fueling operations shall be prohibited in any suppression zone that is impaired and not fully operational; and,
c.	All of the features set forth in Section 3.0 AFFF Replacement Propose Approach of Appellants CONRAC FUELING AFFF CONVERSION report dated December 6, 2024 are hereby incorporated by reference and shall be deemed mandatory and a condition of this relief.

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)].