The above-captioned case was scheduled for review on April 15, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Jasparro, Jackson, Blackburn and Filippi were present.  Commissioner Preiss recused himself from consideration of these cases.  The fire service was represented by Battalion Chief Russell McGillivray of the West Warwick Fire Marshals Office.  At that time the Applicant presented his plan of action in the form of a consent agreement.  The Applicant further requested that a full hearing on the plan of action be held in abeyance for approximately ninety (90) days while certain administrative and funding issues were addressed.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Richard and Filippi to approve the Applicants proposed plan of action and to grant the additional ninety (90) days extension for review of the plan.  The motion was unanimous.
FINDINGS OF FACT
	These facilities were previously before the Board and have been subject to on-site inspections by a subcommittee of the Board.  During these preliminary hearings, the Board advised the Applicant and the West Warwick Fire Marshal's office to develop a plan of action for the upgrade of these facilities.  The Applicant has appeared before the Board on April 15, 2008 with a full plan of action to bring these facilities into substantial compliance with the State Fire Code.  However, the Board finds that the funding for this plan of action may be subject to legal and administrative challenges which the Applicant plans to address within the next ninety (90) days.  Accordingly, the Board finds that the requested ninety (90) day extension for the final review of this plan of action is merited.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby adopts the Applicants preliminary plan of action as outlined in the consent agreement sent to it on April 15, 2008 and attached hereto.  The Board further grants the Applicant a time variance of ninety (90) days from the date of this decision at which time the parties are directed to return to address the bonding, funding and other legal issues surrounding this plan of action.

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)].