As indicated in the file, a hearing involving the above-captioned property was conducted on November 29, 2016 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Richard, Filippi, Pearson, Jackson, Sylvester, Booth and Davison.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Wade Palazini and James Gumbley of the State Fire Marshals Office.
APPLICANT: Jonathan DePault, Gen. Rick Baccus (Ret.), Nate Ginsburg and Robert Wilkinson.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under R.I.G.L. Chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Carole Cornelison (authorized representative) of RI DOA / DCAMM, 1 Capitol Hill, Providence, RI dated [undated].
3.	The Application was received by the Board and File  160166 opened on November 23, 2016.
4.	A hearing on the Application was conducted on November 29, 2016 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioners Jackson and Richard to grant the Applicant the relief as outlined herein.  The motion passed on an 8 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  160166 and are pertinent to the decision rendered:

1.	Variance Application  160166 dated [undated] and filed on November 23, 2016.

EXHIBITS

The following documents were presented at the November 29, 2016 hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	Six (6) new residential facilities, known as the Neighborhood buildings are presently under construction as part of the new Rhode Island Veterans Home in Bristol, RI.
2.	During the construction process it was determined that certain portions of the HVAC ductwork were required to be relocated to above the roofline.  Additionally, it was determined that it was desirable and necessary to protect these ductwork assemblies from the weather and afford thermal protection by enclosing the ductwork within so-called doghouse enclosures.
3.	Accordingly, these enclosure structures have been constructed of wood framing elements and enclosed with wood sheathing with minimal clearance space within, and are presently in place with inadequate clearances for the installation of automatic sprinkler protection.
4.	The Board finds that the construction of these enclosures occurred without plan review or approval by the State Fire Marshal's Office.
5.	In granting the relief set forth herein, the Board takes into consideration the following factors:
a.	The structures are constructed entirely above the roof level and are separated from the adjacent attic space below with fire rated construction;
b.	All ductwork penetrations into the attic spaces below will be draft stopped;
c.	The structures will be inaccessible;
d.	The ductwork within the enclosures contain no moving parts or powered components;
e.	There are no sources of combustion within the enclosures;
f.	The building structure and associated attic spaces below are protected throughout by approved automatic sprinkler protection in accordance with NFPA 13;
g.	The buildings are protected throughout by an approved fire alarm system with emergency forces notification; and,
h.	The facilities will be staffed on a 24 hour per day, 7 day per week schedule.
6.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a variance from the provisions of NFPA 13 (2010) section 8.15.1.2 by allowing the continued use of the newly-constructed roof-mounted duct enclosures (doghouses) without automatic sprinkler protection.

Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in R.I.G.L. section 42-35-12 and 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: Fire Safety Code, section 6-2-22).
2.	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: Fire Safety Code, section 6-2-23.)  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: Fire Safety Code, section 6-2-24).
3.	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:  Fire Safety Code, section 6-2-25).
4.	In accordance with R.I.G.L 42-35-12, 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.  (See: Fire Safety Code, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].