The above captioned case was heard by the Board on October 29, 1998 at 2:00 p.m.  At that time, Chairman Marciano and Commissioners Wilder, Kozar, Fang, and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Win Maddox of the Providence Fire Marshals Office and Deputy State Fire Marshal George Hoyle of the State Fire Marshals Office.  The Providence Department of Telecommunications was represented by Assistant Deputy State Fire Marshal Ron Rapoza.  A motion was made by Commissioner Kozar and seconded by Commissioner Fang to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	This matter was previously before the Board and variances were granted on October 14, 1997 at December 16, 1997.  At that time, the Board left the file open to allow the Applicant and the fire service to return in the event practical difficulties were encountered.  Accordingly, the Board hereby adopts its initial findings of fact in its Decision in File Nos.: 970160 and 970160A.  Any modification of the Boards findings shall be noted herein.
	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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.
	
CONCLUSIONS AND VARIANCE REQUESTS 
1.	During the October 29, 1998 hearing on this matter, the Board was advised that the Applicant sought variance from the provisions of Section 23-28.2-21 and NPFA 101, Section 5-2.2.4.2 and 5-2.2.4.5.  
Specifically, the Board had previously granted a variance to permit modifications to the intermediate handrails in stairs that are 60 to 88 inches in width.  The original variance had impacted on two (2) stairs of 75 inches in width in the retail mall area.  Two (2) additional stairs in the Nordstrom department store have now been identified and the Applicant is now requesting similar modification.  The Board hereby grants a variance from the above provisions to allow the intermediate handrail of stair 3 between level 4 and level 6 to project approximately four (4) inches beyond the top and bottom nosing in lieu of 12.  In granting this variance, the Board notes that the projection aligns with the inside handrail return.  The above variance would allow the Applicant to maintain intermediate handrails but reduce the 12 handrail extensions at the top and bottom of each stair run.
The Board further grants a variance from the above provisions as they related to stairway 4.  Specifically, the Board hereby allows the Applicant to maintain a handrail at level  on one (1) side that projects six (6) inches beyond the bottom nosing in lieu of 12.  It is the understanding of the Board that in granting this variance in that this occurs at the bottom of the stairway and that the State Fire Marshals Office has no objection in light of a structural hardship to the Applicant.
2.	The Board hereby grants a variance from the provisions of Section 23-28.25-5(h)(1) to permit automatic sprinklers on or up to 52,000 square feet based on the installation of automatic smoke detection in each of the tenant spaces within this complex.  In granting this variance, the Board notes that the smoke detection system in each space will be designed in accordance with the requirements of the Providence Division of Communications and that the current addressable fire alarm system within this complex provides specific detector by detector notification.  In granting this variance, it is the understanding of the Board that the Director of Communications has no objection.
3.	Pursuant to the request of the Providence Department of Communications, the Board hereby grants a variance from the provisions of Sections 23-28.25-4(c) in order to allow the Applicant to utilize fire alarm voice communication repeater 
station systems as an alternative to the two-way telephonic communication system as provided in Section 23-28.25-4(c)(3).  In granting this variance, the Board directs that the fire alarm voice communication repeater station systems be installed at the direction and to the satisfaction of the Providence Fire Marshals Office.
	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.  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.  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.   
	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.  (R.I.G.L. 23-28.3-6 and 42-35-15)  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].