As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, June 19, 2018 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners, Booth, Thornton, Davison and ODonnell.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshals Kenneth Botelho and James Bellamy of the East Providence Fire Marshals Office.
APPLICANT: Jordan Stone and Timothy Wensus.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Formal Interpretation filed under RIGL chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder, more particularly Fire Safety Code section 450-RICR-00-00-1.7.1(C).
2.	The Application was filed by Jordan Stone c/o PK Rumford II, LLC (owner) of 20 Newman Avenue, Bldg. 3, Suite 1005, Rumford, RI dated May 18, 2018.
3.	The Application was received by the Board and File  180070 was opened on May 25, 2018.
4.	A hearing on the Application was conducted on June 19, 2018 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 Thornton and seconded by Commissioner ODonnell to grant the Applicant the relief as requested, reversing the AHJs interpretation of the applicable code section[NFPA 13 section 4.1].  The motion failed on a 4 to 1 vote with Commissioner Booth voting in opposition .
6.	On June 26, 2018 (before the final decision was mailed) a request to reopen the case for the purpose of providing previously unavailable testimony and/or evidence was submitted to the Board by the Applicant in accordance with Fire Safety Code section 450-RICR-00-00-1.7.2(O).
7.	A subsequent hearing on the Application was conducted on July 31, 2018 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.  Present at that hearing were Timothy Wensus and Jordan Stone for the Applicant; ADSFMs Kenneth Botelho and James Bellamy for the AHJ; and Chairman Newbrook and Commissioners Pearson, Jackson, Booth, Thornton, Davison and ODonnell.
8.	After all evidence was presented at the rehearing, a motion was made by Commissioner Thornton and seconded by Commissioner ODonnell to grant the Applicant the relief as requested, reversing the AHJs interpretation of the applicable code section [NFPA 13 section 4.1].  The motion passed on a 6 to 1 vote with Commissioner Booth voting in opposition.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  180070 and are pertinent to the decision rendered:

1.	Variance Application  180070 dated May 18, 2018 and filed on May 25, 2018.
a.	Attached Interpretation Request from Timothy Wensus of Jensen Hughes dated May 25, 2018.
b.	Drawings (3 pages) dated June 10, 2016.
c.	Product cut sheets for Bison wood tiles.
d.	Email communications between Timothy Wensus and David R. Hague of NFPA dated February 21, 2018 and May 16, 2018.
2.	East Providence Fire Marshals Office Inspection Report letter dated December 1, 2017.
a.	Email from Captain Kenneth Botelho to Timothy Wensus dated April 9, 2018.
3.	Email with attached  NRC Information Notice 2002-24: Potential Problems with Heat Collectors on Fire Protection Sprinklers [July 19, 2002] from Timothy Wensus to the Board dated June 26, 2018.
4.	Emails from Timothy Wensus to the Board dated June 15, 2018 and July 24, 2018.
5.	Reschedule Notice dated June 28, 2018.

EXHIBITS

The following documents were presented at the June 19, 2018 hearing as exhibits:

1.	AHJ photographs (12) [undated].
2.	AHJs letter  from John Weber of New England Construction to Captain Kenneth Botelho [undated].

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.	The holding below corresponds with the December 1, 2017 plan review report letter compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the June 19, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the December 1, 2017 plan review report letter 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.
2.	The building is newly constructed 5-story apartment occupancy consisting of approximately seventy thousand (70,000) square feet (gross area).
3.	The building is of Type III (211) construction, has a compliant fire alarm system and is provided with an approved automatic sprinkler system.
4.	The issue before the Board is the application of NFPA 13 (2010) section 4.1 as it relates to requiring automatic sprinkler protection for an outdoor roof deck on the fifth floor not having a ceiling, roof or other cover (exposed to the open air above).
5.	The East Providence Fire Marshals Office strongly objects to the interpretation requested.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON APPEAL REQUESTS

1.	The request before the Board to reverse the decision of the AHJ and find that the applicable code section (NFPA 13-4.1) does not require automatic sprinkler protection for an outdoor roof-top deck is granted and the informal opinion of NFPA Principal Fire Protection Engineer David R. Hague dated May 16, 2018 is upheld and affirmed.

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.	In accordance with RIGL section 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: FSC section 450-RICR-00-00-1.7.2(R)].  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].