Prior to the August 6, 2013 hearing on this matter, the above captioned cases were most recently heard by the Board on May 10, 2011 at 1:00 P.M.  At that time, the Board approved a plan of action, agreed to by the parties, in the Boards decision dated August 5, 2011.  Part of that plan of action involved the procurement of bonding in order to commence work on the project.  
	By letter dated July 31, 2013, the Applicant advised the Board of a technical issue which had arisen and further requested to be allowed to appear before the Board on August 6, 2013.  The Applicants request was granted and the above captioned cases were scheduled for hearing on August 6, 2013.  At that time, Chairman Newbrook and Commissioners Richard, Burlingame, Sylvester and Booth were present.  The fire service was represented by Assistant Deputy State Fire Marshal James Bobola of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Booth to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in the consolidated decision in file numbers 050504B, 050505B, 050506A, 050507B and 050508A as its initial findings of fact in this case.  In addition, the Board finds that funding for this project has hit a minor technical obstruction.  Specifically, the Board finds that over the past several months, the Town has been in contact with the Rhode Island Health and Education Building Corporation, seeking its assistance in procuring the bonding in order to commence work on this project.  The Board further finds that the Town has received preliminary approval of its application.  The Board further finds that this was achieved after West Warwick FY 14 budget was passed by a majority of voters on June 27, 2013.  However, the Board finds that the Town Councils resolution and bond ordinance was never approved by the Rhode Island General Assembly pursuant to RIGL 16-7-44.  
	The Board finds that the Town is now contemplating obtaining funding through a bond anticipation note that would cover the initial expenditures until such time as the resolution ordinance can be heard by the General Assembly in January of 2014 when the General Assembly reconvenes.  The Board finds that once the bond is approved, then the bond anticipation note can be retired.
	In light of the above, it is the understanding of the Board that the Applicant needs additional time to address these issues and to return with a plan of action.  Finally, the Board finds that the Applicant has been proceeding in good faith.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby extends that Applicants time variance through October 8, 2013 in order to allow the Applicant to address the technical issues he has encountered and to further return to the Board with a comprehensive plan of action for the continuation and execution of this project.  Accordingly, the Applicant and the West Warwick Fire Marshals Office are requested to return to the Board on October 8, 2013 to advise the Board of their progress and their final plan of action for the correction of all of the remaining deficiencies within these schools.

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)].