BACKGROUND & TRAVEL
	
An initial hearing on this matter was conducted on October 14, 1997.  At that time, the Board approved the Applicant’s requested variance to design this project for review under the 1997 editions of NFPA 1 and 101.  The Board further approved the Applicant’s request to maintain this case file open until a final certificate of occupancy is issued for this complex.  

A follow-up informational hearing on this matter was conducted on October 30, 1997 between the hours of 1:00 PM and 3:00 PM.  At that time, members of the State Fire Safety Code Board of Appeal and Review were provided with a project overview and background information presented by the Applicant’s representatives. This hearing was to provide background information. 

The next hearing was scheduled for November 18, 1997.  At that time, in light of several concerns raised by the State Fire Marshal’s office, the parties agreed to explore alternative fire safety plans for this facility.

This case was re-scheduled for hearing  on December 16, 1997 at 2:00 PM.  At that time Chairman Marciano and Commissioners Burlingame, Coutu, Kozar, Fang, Richard, Wilder and Pangborn were present. A motion was made by Commissioner Pangborn and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous. 

FINDINGS OF FACT
	
The Board finds the proposed Providence Place Mall to be a large-scale, mixed-use facility combining a regional shopping center and movie theater complex with a parking garage. The proposed complex shall be eleven (11) stories in height with an approximate area of seven hundred forty-four thousand (744,000) square feet per floor.

The Board notes that certain levels of this facility have substantially less actual useable floor space.  The total floor area of the eleven (11) levels is approximately four million one hundred ninety two thousand (4,192,000) gross square feet.  
	
The proposed mall complex shall span the Woonasquatucket  River. The Board notes that the Woonasquatucket River is of limited width and depth.  

Accordingly, it is not anticipated that there shall be any large scale commercial use of this waterway either now or in the future.  The only anticipated commercial use of this river may be an occasional small touring boat.  
	
The proposed mall complex shall also span approximately five (5) sets of railroad tracks including those of the Am-Track northeastern corridor.  In order to protect the complex from train-related mishaps, the Applicant shall segregate the complex from the train area with a four (4) hour rated crash wall and ceiling.  The Applicant has advised the Board that the above crash wall is Am Track approved.
	
During the December 16, 1997, hearing on this matter, the Board accepted a fifty-seven (57) page document into the record as Applicant’s Exhibit 1.  The first thirty-four (34) pages of this document provide an overview of the project, a summary of the variances requested and supporting documentation.  The next thirteen (13) pages are various floor plans of the mall complex from the uppermost (roof) level through the lowermost (first) level of the complex.  The next page (number 48 of the exhibit) provides a wall section of the parking structure at the train track illustrating the four(4) hour rated crash wall and ceiling.  The next page (number 49 of the exhibit) provides a wall section of the river walk and Woonasquatucket River.  The next four pages (numbers 50 through 53 of the exhibit) provide floor plans of the smoke control zones of levels 11, 10, 8 and 6. The next two pages (numbers 54 and 55 of the exhibit) provide cross sections of the mall smoke control zones.  The next page (number 56 of the exhibit) provides a longitudinal section of smoke control zone 2. The final page (number 57 of the exhibit) provides a graphic key.
	
Applicant’s Exhibit 1, above, was initially distributed to the members of the Board for their review in preparing for the December 16, 1997 hearing. It was further reviewed by the State Fire Marshal’s  Office and referred to by all parties during the hearing.  Prior to the hearing, the Applicant submitted a revised page three (level 11) of the thirteen pages of floor plans. The Applicant further submitted a December 11, 1997 letter of revisions to the original variance requests. 

Accordingly, the Board hereby adopts the information outlined within Applicant’s Exhibits as its initial findings of fact.  Any modification of the initial findings shall be noted herein.  The variances listed below were granted pursuant to the Applicant’s graphic and written representations as outlined in Exhibit 1. Finally, the Board finds that the Applicant shall incorporate several fire protection and life safety features into this project.  For example, except as noted herein, this complex shall be of “Type 1B” protected noncombustible construction.  In addition, a complete automatic sprinkler system shall be provided throughout the enclosed portions of the project. All wet pipe portions of the above sprinkler system shall be equipped with quick response heads.
	
The Applicant shall further provide “Class 1” fire department standpipe outlets at select exit locations approved by the State and Providence Fire Marshal’s offices. The Applicant shall enhance the effectiveness of both the sprinkler and standpipe systems by providing two (2) separate high pressure water services to this complex.

A mechanical smoke control system shall be provided for the covered mall areas. Additionally, automatic smoke detection shall be provided in selected locations approved by the State and Providence Fire Marshal’s offices.  The municipally connected fire alarm system shall incorporate both voice and alarm with public address systems. The Providence Department of Communications shall further approve the fire alarm system. 
	
The complex shall be protected throughout by portable fire extinguishers. Manual fire alarm stations, emergency lighting and exit signs shall further protect the complex. The high-rise exit stairways shall also be pressurized.
	
In order to enhance any necessary on-scene activities of the Providence Fire Department, the Applicant is providing the Complex with a dedicated Fire Command Center. The Providence Fire Department shall be further provided with an internal communication system. Control over the elevators within the complex shall be accomplished by equipping the elevators with automatic recall and emergency override.
	
There shall be electrical supervision within the complex.  There shall further be a central station connection of the automatic sprinkler and fire alarm systems. Finally, the Applicant shall provide this facility with both emergency and standby power systems.
	
The numbers of the Decision below correspond with the four variance requests made be the Applicant during the December 16, 1997 hearing on this matter. The following is a list of the specific variance requests made by the Applicant:

1. Means of Egress (Travel Distance in three areas increased to 230 feet)(NFPA 101, 1997 edition, section 24-2.6)

2. Covered Mall Concept (To design according to mall requirements even though the structure exceeds three (3) stories in height.(NFPA 101, 1997 Edition, section 24-4.4)  

3. Thermal Detectors above suspended ceilings (Request to be held in abeyance pending review by City of Providence, Department of Communications)

4. Stairway Guards and Handrails 

CONCLUSIONS AND VARIANCE REQUESTS

1. Originally, the Applicant requested a variance to utilize the BOCA National Building Code exit capacity factors instead of the Life Safety Code exit capacity factors.  However, this request was subsequently withdrawn by letter dated December 11, 1997.  The Applicant further modified his request for an increase in exit travel distance. 

During the December 16, 1997, hearing the Board was advised that the travel distance variance request would only apply to three areas in the proposed mall complex.

The areas involved are a small portion of Filene’s department store, the Nordstrom department store, and the north parking garage on Level 3.  These areas were further designated on plans reviewed by the State Fire Marshal’s Office and the Board.
	
The board hereby grants a variance from the provisions of life safety code section 5-6.4 (1997 edition), and its referenced standards, in order to allow the Applicant to increase the maximum permitted travel distance, in the above three areas as designated on the plans reviewed by the State Fire Marshal’s Office and the Board, to a maximum of two hundred thirty (230)  feet.  In light of the above limitations, the State Fire Marshal’s Office had no objection to this request.

2. The Board hereby grants a variance from the provisions of life safety code section 24-4.4 (1997 edition) which restrict a covered mall to a maximum of three(3)levels. The above variance would allow the Applicant to construct and maintain the mall and theater occupancy of this complex on the 6th, 8th, 10th and 11th levels respectively. The Board further grants a variance for the two escalator/elevator cores connecting all of the levels of this complex. The Board hereby directs the Applicant to otherwise comply with the covered mall and high rise provisions of the life safety code at the direction and to the satisfaction of the State Fire Marshal’s office. It is the understanding of the Board that the State fire Marshal’s Office has no objection. 

3. During the December 16, 1997, hearing on this matter, the Applicant advised the Board that he wished to comply with a plan of action, for the deletion of certain thermal detectors above suspended ceilings, as outlined by the Providence Division of Communications. 

The State Fire Marshal’s Office advised the Board that it would defer to the Providence Division of Communications.  Accordingly, the Board hereby grants a variance from the provisions of section 23-28.25-4 to allow the Applicant and the Division of Communications to implement their plan, for the deletion of certain heat detectors, as outlined during the December 16, 1997 hearing on this matter. The plan would further rely upon enhanced smoke detector coverage that was deemed to be more reliable by all parties. Any questions, by either party, regarding the implementation of this plan may be referred back to the Board.

4. During the December 16, 1997 hearing on this matter, the Board was advised that the Applicant sought to delete the center handrails from the east side stair egress serving the three mall levels to grade, the center stair egress from the Mall and the Lord & Taylor Store, the junior anchor store on the 11th floor, the I-Max Theater and some garage levels.

The Applicant further advised the Board that a primary concern was the potential for obstruction of the flow of egress.  This would be caused by the mandatory extension of the center handrail onto the landing. 
	
Upon review, the parties agreed that a variance, to allow the handrails not to extend onto the landing, would satisfy their concerns.  Accordingly, the Board hereby grants a variance from the provisions of Life Safety Code section 5-2.2.4.5(e), and its referenced standards,  in order to allow the Applicant to delete the center handrail extensions at the top and bottom of each run of the above-cited egress stairways.  In granting this variance, in order to avoid abrupt termination, the Board hereby directs the Applicant loop the handrails back to the post, at the direction and to the satisfaction of the State Fire Marshal’s Office. It is the understanding of the Board that the State Fire Marshal’s Office has no objection to the granting of this variance in light of the above conditions.	

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 Applicant's 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.
	
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 Board's 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 Board's 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)).

This decision was mailed on 3-12-98.