Appeal 10986

Appeal Summary

Status: Decision Rendered

Appeal ID: 10986

Submission Date: 8/3/14 10:18 PM

Hearing Date: 8/6/14

Case #: B-009

Appeal Type: Building

Project Type: commercial

Building/Business Name: Union Pine

Appeal Involves: Alteration of an existing structure,occ Change from F-1, S-1, B to A-3, R-3, B

Proposed use: Assembly, residential, office

Project Address: 525 SE Pine St

Appellant Name: Benjamin Hufford

LUR or Permit Application #: Permit 13-203076-CO

Stories: 2 Occupancy: A-2, B, R-3 Construction Type: III-B

Fire Sprinklers: Yes - Full Building - New

Plans Examiner/Inspector: Jody Orrison

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]   [File 4]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

1029

Requires

Basements and sleeping rooms below the fourth story above grade plane shall have at least one exterior emergency escape and rescue opening in accordance with this section…Such openings shall open directly into a public way or to a yard or court that opens to a public way
• Minimum clear opening shall be 5.7 SF.
• Minimum clear opening height shall be 24”.
• Minimum clear opening width shall be 20”.
• Maximum height from floor shall not exceed 44”.

Code Modification or Alternate Requested
Proposed Design

The proposed design has the owners of the building living above their business, in a large apartment. The living and dining areas open to Pine Street, and the other walls of the apartment area are existing and abut the property line. A new emergency egress window would not be an allowed opening on the property line. An emergency egress window from this bedroom would not open directly into a public way or to a yard or court that opens to a public way. The apartment area is of a "loft" style and has an open layout to the windows.

Reason for alternative

The second floor apartment has a line of windows the length of the Pine Street facade that serves the living area of the apartment. This is the only facade that opens into a public way. An emergency egress window is proposed in this location at the location closest to the bedroom. The building will be fully sprinklered to NFPA 13 on both floors.

Appeal item 2

Code Section

Table 602, Table 705.8

Requires

Section 602 requires a 1 hour Fire Rating at 0’ Fire separation distance from the property line.
Section 704.8 - “The maximum area of unprotected or protected openings permitted in an exterior wall in any story shall not exceed the values set forth in Table 704.8.” Per Table 704.8, unprotected and protected openings are ‘not permitted’.

Code Modification or Alternate Requested
Proposed Design

The existing unprotected openings located on Level 2 directly on the northern property line are proposed to remain unchanged. The window locations date to the original 1960 building construction. The existing adjacent building roof is located below these windows.

Reason for alternative

The windows are unchanged in the proposed modification of the building. No change is proposed for the windows or wall rating along the property line. These windows are under review as part of a proposed occupancy change from F-1 to A-3 on the building ground floor, and a proposed occupancy change from S-1 to R-3 on the south side of the second floor. The occupancy behind these windows is not proposing any work or any change in occupancy. The remainder of the north wall is CMU. The building will be fully sprinklered to NFPA 13 on both floors. We propose that additional sprinklers be installed at the windows as part of the NFPA 13 sprinkler system for the entire building.

Appeal Decision

1. Waiver of emergency egress window from sleeping room: Granted provided there is access to the rear stair enclosure from the dwelling unit. The egress window at the front elevation is not required.

2. Unprotected window openings at rear exterior wall, located on the property line: Granted provided sprinkler protection is within 24 inches of openings and 6 feet on center. Separate permit required through the Fire Marshal's Office.

Egress window at front not required.

The Administrative Appeal Board finds that the information submitted by the appellant demonstrates that the approved modifications or alternate methods are consistent with the intent of the code; do not lessen health, safety, accessibility, life, fire safety or structural requirements; and that special conditions unique to this project make strict application of those code sections impractical.