The above-captioned case was scheduled for hearing on March 9, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Filippi, Burlingame, Coutu and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the March 9, 2004 hearing on this matter, the Board was advised and finds that section 13.3.2.1.1 (1) of the Rhode Island Life Safety Code prohibits service equipment subject to explosion from being located directly under or abutting a required exit.  The Board was further advised that the town of East Greenwich has an electrical inspector, who toured the subject facility and was of the opinion that the amount of electrical service panels, installed under the exterior second floor, self exit stairs, could be subject to possible explosion.  Therefore, the Applicant was advised by the Fire Marshals Office that the equipment must be removed or another means of egress must be developed for the second floor of the establishment.
	The Board was further advised and finds that after the above inspection was made, the Applicant secured an engineer to review the possibility of explosion of the electrical panels.  By letter dated March 18, 2004, John D. Gaskell, P.E. advised the Applicant of his finding and his opinion that the electrical panels in the above referenced location are not subject to explosion and that therefore electrical panels are acceptable at their present location.  The engineer further indicated that it was his opinion that a room should be constructed having a minimum rating of one (1) hour as referenced by the Fire Marshal.  The engineer further indicated that the room must be made weather tight.

CONCLUSIONS AND VARIANCE REQUESTS
	1. The Board hereby grants a variance from the provisions of section 13.3.2.1.1 (1) and 8.6.8.2 (4) in order to allow the Applicant to maintain an approved rated enclosure for the electrical panel servicing this facility in an accordance with the engineers plan as outlined on March 8, 2004.  The above enclosure shall be at the direction and to the satisfaction of the East Greenwich Fire Marshal in an accordance with the engineers plan.
	2. In light of the above, the Board hereby authorizes the East Greenwich Fire Marshals Office to approve the issuance of a temporary certificate of occupancy for this facility.

STATUS OF DECISION AND APPEAL RIGHTS
	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. (See:  Board Rules and Regulations, section 6-2-17).
	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.  (See: Board Rules and Regulations, section 6-2-18.)  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.  (See: Board Rules and Regulations, section 6-2-19).  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.  (See: Board Rules and Regulations, section 6-2-20).
	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)].