The above-captioned case was scheduled for hearing on December 13, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Steven Parent of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Sylvester to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the December 13, 2011 hearing on this matter, the Board had before it correspondence dated November 15, 2011 from the Pawtucket Fire Marshals Office.  The above correspondence was utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the December 13, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the November 15, 2011 correspondence as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	In light of the November 15, 2011 correspondence and the testimony taken during the December 13, 2011 hearing, the Board finds that the Applicant was recently directed by the City of Pawtucket Zoning Board to erect a fence behind her building.  The Board was further advised and finds that currently the exits in the rear of the building discharge to a public way.  However, the Board finds that when the fence is erected this will no longer be the case.  The Board was further advised and finds that the Applicant is willing to install a gate or gates that will not be locked.  Further, it is the understanding and finding of the Board that in the event the gates need to be locked, the Applicant has agreed to install panic hardware.  Finally, it is the understanding of the Board that the Pawtucket Fire Marshals Office has no objection with this remedy.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance to allow the Applicant to maintain a six-foot (6) fence in the back of her property and to provide the cited fence with eight (8) unlocked gates, one for each tenant space, within the property.  The Board notes that if the Applicant desires to secure these gates in the future, she shall provide the gates with approved panic hardware as needed.  In light of the above, it is the understanding of the Board that the Pawtucket Fire Marshals Office has no objection to this arrangement to provide access to a public way.

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)].