General Background:  The East Providence Fire Marshals Office advised the Board that the City of East Providence has decided to replace the fuel pumps at its central garage and change its current fuel dispensing operation.  Specifically, the City plans to install new pumps that accept a key card, or similar device, for its employees to fill their own vehicles.  The City had previously maintained an attendant who operated the pumps.  The East Providence Fire Marshals Office was concerned that this change in operations would be a technical violation of the fire code and therefore requested relief. 

Specifically, the East Providence Fire Marshals office points to RIGL 23-28.22-6 (Self-service dispensers defined) which states in pertinent part that  The coin and/or card operated types are not acceptable.  Further, RIGL 23-28.22-7 (Attendant Required) states, in pertinent part, All self-service stations shall have at least one qualified attendant on duty while the station is open to the public.  Also, RIGL Section 23-28.22-9 (Emergency Controls - Extinguisher system) requires both remote power shut off switches and a fixed fire extinguisher system to be installed in each self-service station.  Finally, the East Providence Fire Marshal points to RIUFC sections 30.1.5 and 30.1.5.1 which appear to allow the AHJ to require additional fire protection for an unattended, self serve, motor fuel dispensing facility. 

In light of the fact that other cities and towns may be engaging in similar operations, the Board shall consider this request for interpretation and/or blanket variance on a state-wide basis.

Boards Determination: The Board has made the following determinations, in response to the questions posed by the East Providence Fire Marshal, as listed below:

(1)	Was it the intent of the code by not identifying fleet motor vehicle fuel dispensing facilities separately in order to treat all motor vehicle fuel dispensing facilities the same in the code by requiring emergency controls and extinguisher systems at all motor vehicle fuel dispensing facilities with no exceptions?

Boards Response:	The Board notes that there is no distinction, in RIGL 23-28.22-9, between fleet motor vehicle fuel dispensing facilities and all other motor vehicle fuel dispensing facilities.  However, when the Board adopted NFPA 1 as the Rhode Island Uniform Fire Code a distinction was apparently made between the private fleet dispensing operations and self serve dispensing facilities open to the public.  Further, RIUFC 30.1.5.1 provided that. For an unattended, self service, motor fuel dispensing facility, additional fire protection shall be provided where required by the AHJ. 

RIGL 23-28.22-7 requires that all self-service stations, open to the public, shall have at least one qualified attendant on duty.  Accordingly, it would appear that only fleet-type stations, that are not open to the public, would possibly come under the above exception because they are the only such stations that would be allowed to be unattended.  In light of the above, it appears that fixed suppression is not automatically mandated in fleet-type stations.  Rather, the AHJ has the option to require this type of suppression and/or any additional fire protection he or she deems necessary.

(2)	Was it the intent of the code by not allowing card operated type fuel pumps to require at least one trained attendant at all motor vehicle fuel dispensing facilities, while the pump is in use?

Boards Response:	The Board has previously interpreted the prohibition of card operated fuel pumps to apply specifically to those self service dispensers that are utilized by members of the public who are not specifically trained in the safe operation of the pump.  The Board has further granted those service stations relief from the above provisions, allowing payment by credit card at the pump, only when the on-site trained attendant remains in full control of the dispensing operation.  

(3)	Would the Board accept training of all city employees that would be refueling City vehicles at the newly installed fueling pumps as a Qualified Attendant? 

Boards Response:	The Board again notes that RIGL 23-28.22-7 mandates that, All self service stations shall have at least one qualified attendant on duty while the station is open to the public.  The section continues with an outline of the attendants duties and responsibilities. However, when a station is not open to the public, everyone who uses this private service can be trained in its safe operation to the satisfaction of the AHJ.  When this happens, the participating members of the fleet operation effectively all become trained and qualified attendants.  Accordingly, if the AHJ is satisfied that all of the participants, within the fleet dispensing operation, are properly trained, they would not be restricted by card access as would a member of the public without such training.