Appeal 13268

706.1.1

Party walls. Any wall located on a lot line between adjacent buildings, which is used or adapted for joint service between the two buildings, shall be constructed as a fire wall in accordance with Section 706. Party walls shall be constructed without openings and shall create separate buildings.

The Harlow Hotel is an existing building on the Historic Register. Portions of southeast and southwest corners of the existing building extend south over the property line. This is an historic condition. An existing easement agreement allows the condition to remain. The walls at the south easement boundary are 3-hour walls with no openings.

Refer to Attachment #3 for Site Plan and Attachment #12 for Easement Agreement Document.
NOTE: This appeal item is referred as APPEAL #1 in the attachments.

The southwest stair tower at the south west corner and the storage room at the south east corner (toilets on floors above) are currently built on the adjacent lot. This is an existing condition that is clearly established by signed Easement Agreement between the two property owners. The easement grants the owners of the Harlow hotel rights to have these structures on the adjacent lot. Therefore the logical location for the Party Wall is between the two buildings on the adjacent lot. This is what has existed and we are requesting to be formally approved and continued forward. These walls are designed as 3-hour party walls per Table 706.4. Therefore, we urge you to grant this appeal.

3411.9

3411.9 Historic buildings. These provisions shall apply to facilities designated as historic structures that undergo alterations or a change of occupancy, unless technically infeasible. Where compliance with the requirements for accessible routes, entrances or toilet rooms would threaten or destroy the historic significance of the facility, as determined by the building official after consultation with the appropriate historic preservation officer, the alternative requirements of Sections 3411.9.1 through 3411.9.4 for that element shall be permitted.

3411.9.1 Site arrival points. At least one accessible route from a site arrival point to an accessible entrance shall be provided.

3411.9.2 Multilevel buildings and facilities. An accessible route from an accessible entrance to public spaces on the level of the accessible entrance shall be provided. Where an accessible route is technically infeasible to all levels, displays, written information and documents shall be located where they can be seen by a seated person.

3411.9.3 Entrances. At least one main entrance shall be accessible.

Exceptions:

1. If a main entrance cannot be made accessible, an accessible nonpublic entrance that is unlocked while the building is occupied shall be provided; or
2. If a main entrance cannot be made accessible, a locked accessible entrance with a notification system or remote monitoring shall be provided. The route of travel for the accessible entry shall not pass through hazardous areas, storage rooms, closets, kitchens or spaces used for similar purposes. Signs complying with Section 1110 shall be provided at the primary entrance and the accessible entrance.

The proposed design has seven (7) public entrances in to the building, with six (6) through the historical doors on the north and one (1) through a new door on the southwest corner. Only the new entrance to the southwest will be accessible. Additionally, ADA compliant signage will be provided at the historic, non-accessible, access points that will direct the public to the accessible entrance.

See Attachment #5 for the location of the doors.
NOTE: This appeal item is referred as APPEAL #2 in the attachments.

The hotel building is listed on the National Register of Historic Places on October 24, 1980. As a historic building, only one accessible main entrance is required by Section 3411.9.3. The accessible entrance is provided through the door on the southwest corner of the building.

The entrances on the north side of the building are “key defining feature of this historic building” per State Restoration Specialist Joy Sears. See the letter (Attachment #13) for more information. These cannot be altered without affecting the historical character of the building. The existing stair and landing configuration was granted to remain per Appeal #9630.

The charging statement of section 3411.9 requires approval by building official for following the provision of section 3411.9.3, hence the appeal. We urge you to grant this appeal.

1009.7.2

Riser height and tread depth. Stair riser heights shall be 7 inches (178 mm) maximum and 4 inches (102 mm) minimum. The riser height shall be measured vertically between the nosings of adjacent treads. Rectangular tread depths shall be 11 inches (279 mm) minimum measured horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread’s nosing. Winder treads shall have a minimum tread depth of 11 inches (279 mm) between the vertical planes of the foremost projection of adjacent treads at the intersections with the walkline and a minimum tread depth of 10 inches (254 mm) within the clear width of the stair.

The proposed design is to maintain the rise and run of the existing historical stair flights in the center and at the east end as described below:
• The existing central north and east stairs have 7.25 inches maximum riser height and 10 inches minimum tread depth, which complied with the applicable code requirements when these were constructed. These will be maintained.
• The nosing projection extends the effective tread depth to 11.5 inches, which will be maintained as well.

The existing historic balusters will be maintained; and a new guardrail and handrail will be added to meet the current code requirements.

The Harlow Hotel is an existing historic building that is undergoing renovations. The stairs are part of the historic character of the building and are required to be preserved per National Register of Historic Places criteria. There was concern that the rise and run of these stairs is not adequate. However, closer inspection shows the dimensions to be 7.25 inches riser height and 11.5 inches of effective tread depth, which is consistent with what was allowed when constructed.

As part of the building remodel, the existing guardrails will be upgraded, along with handrail addition, to meet the code requirements.

The upper floors are served by two means of egress: the stair in question and a new, 2-hour rated stair in the southwest corner of the building. The new stair will have code compliant rise and run. The highest occupant load of any floor is 46, therefore the stair load is 23. This is quite low for a hotel stair.

The rise and run of the historical stair meet the applicable codes when the building was originally built and should be permitted to remain under the provision of Section 3409 Historical Buildings of current OSSC. Therefore we urge you to approve this appeal.

707.3.3

707.3.3 Enclosures for exit access stairways. The fire resistance rating of the fire barrier separating building areas from an exit access stairway or ramp shall comply with Section 1009.3.1.2.

The existing three-story building has a single flight of stairs in the center of the building connecting the first and second floors, and another flight of stairs at the east end of the building connecting second and third floors. Both sets of existing stairs are currently unenclosed and connected by corridor.

The proposed design is to:
• Extend the east stair to the new fourth floor.
• Enclose both sets of stairs with 1-hour barrier – the central stairs that connects the first floor to second floor; and the east stair from the second floor to the fourth floor (roof).
• Separate the two sets of stairs by a 60-minute rated door.
• Upgrade all the doors along the corridors in the 1-hour fire barrier to 60-minute rated doors.

Also, the existing historic balusters will be maintained; and a new guardrail and handrail will be added to meet the current code requirements. Additionally a new 2-hour rated stair on the southwest corner will be provided as the second exit from all floors.

Refer to Attachments #6 to #10.
NOTE: This appeal item is referred as APPEAL #4 in the attachments.

The Harlow Hotel is an existing historic building that is undergoing renovations. The stairs are part of the historic character of the building and are required to be preserved per National Register of Historic Places criteria. The proposed design is to upgrade the existing unenclosed stair by enclosing in a fire rated exit enclosure under the current code.

The two sets of stairs will be separated by a 60-minute rated door. Since the two stairs are separated and connects less than 4 stories, 1-hour enclosure will be provided. By providing the rated exit enclosure, we are significantly improving the fire and life-safety for the means of egress component of this historical building. The building remodel includes upgrades to existing guardrails and addition of handrails, to meet the current code requirements.

Existing conditions and the requirement for maintaining the historical character, especially for the doors in the public corridor, will make it impossible to provide 2 hour enclosure with 90 minute doors around these two historical stairs. By creating two exit enclosures each less than 4 stories, the proposal meets the intent of the code and maintains the historical character of the building. Therefore we request you to grant this appeal.

1022.4

1022.4 Openings.
Interior exit stairway and ramp opening protectives shall be in accordance with the requirements of Section 716.

Openings in interior exit stairways and ramps other than unprotected exterior openings shall be limited to those necessary for exit access to the enclosure from normally occupied spaces and for egress from the enclosure.

Elevators shall not open into interior exit stairways and ramps

The proposed design meets the requirements of the code except that the elevator opens into the 1-hour rated exit enclosure on the second floor. The elevator opening at the other floors do not open into exit enclosure and therefore are permitted.

The elevator doors will be protected against smoke migration by a listed smoke guard assembly at all floors. The entire building is protected by a NFPA 13 automatic sprinkler system.

Refer to Attachments #6 and #9.
NOTE: This appeal item is referred as APPEAL #5 in the attachments.

As a historical building there are limitations to what can or cannot be done in this building. Alternate to not having the elevator open to the exit enclosure is to leave the stair unenclosed. This will be worse. This building is getting a new life and once all the upgrades area completed many can enjoy this beautiful building safely for a long time.

The smoke curtain will provide smoke and draft protection requirements necessary to limit the spread of smoke into the fire rated exit enclosure. This approach is accepted by the code as an alternate to an elevator lobby, which cannot be provided here due to space constraints and existing historical elements. The proposal follows the requirement of Section 716.5.3.1 for providing smoke and draft-control assemblies to limit the spread of smoke.

The elevator only opens to the exit enclosure on one floor. Additionally, there is a one hour separation between this floor and the upper floors within the exit enclosure. Therefore we request you to grant this appeal.

716.5

Fire door and shutter assemblies. Approved fire door and fire shutter assemblies shall be constructed of any material or assembly of component materials that conforms to the test requirements of Section 716.5.1, 716.5.2 or 716.5.3 and the fire protection rating indicated in Table 716.5. Fire door frames with transom lights, sidelights or both shall be permitted in accordance with Section 716.5.6. Fire door assemblies and shutters shall be installed in accordance with the provisions of this section and NFPA 80.

The existing transom and re-lite in the new 1-hour rated exit enclosure are required to be 60-minute rated per Table 716.5. The historic character of the building requires that the character of the existing non-rated transom and re-lite to be maintained along the corridor.

The proposed design is to maintain the transom and re-lite on the public (corridor) side and provide gypsum backing behind the glass, on the private (guestroom) side. The 1-hour fire resistance equivalency will be met by two layers of 5/8” gypsum board will be added to the non-corridor side of the transom and re-lite to provide 60-minute rating equivalency.

See the details on Attachment #11.
NOTE: This appeal item is referred as APPEAL #6 in the attachments.

The transom and re-lite are required to be maintained as part of the National Register of Historic Places requirements. There are no tested fire-rated assemblies listed that meet the current conditions.

The two layers of 5/8” gypsum board added to the back of the existing assemblies will maintain the historic appearance as the transom and re-lite will be maintained on the corridor side.

Two layers of 5/8” gypsum board will provide 80 minutes of fire rating per Table 722.6.2(1), which exceeds the required 60-minute rating. Therefore, we request that you grant this appeal.

1008.1.9.4

Bolt locks. Manually operated flush bolts or surface bolts are not permitted.
Exceptions:

1. On doors not required for egress in individual dwelling units or sleeping units.
2. Where a pair of doors serves a storage or equipment room, manually operated edge- or surface-mounted bolts are permitted on the inactive leaf.
3. Where a pair of doors serves an occupant load of less than 50 persons in a Group B, F or S occupancy, manually operated edge- or surface- mounted bolts are permitted on the inactive leaf. The inactive leaf shall contain no doorknobs, panic bars or similar operating hardware.
4. Where a pair of doors serves a Group B, F or S occupancy, manually operated edge- or surface-

mounted bolts are permitted on the inactive leaf provided such inactive leaf is not needed to meet egress width requirements and the building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1. The inactive leaf shall contain no doorknobs, panic bars or similar operating hardware.

1. Where a pair of doors serves patient care rooms in Group I-2 occupancies, self-latching edge- or surface-mounted bolts are permitted on the inactive leaf provided that the inactive leaf is not needed to meet egress width requirements and the inactive leaf contains no doorknobs, panic bars or similar operating hardware.

The proposal is to lock the historic exterior door on the north (Door #1) of the stairway landing. These doors are not required for access or egress. This door will have a sign marked “NOT AN EXIT DOOR” visible from inside the stair enclosure. A new 60-minute rated door (Door #2) will be added on the east wall of the landing, with an exit sign above. The occupants from the stair will go through the new door.

See Attachment #5 for the location.
NOTE: This appeal item is referred as APPEAL #7 in the attachments.

The exterior door (Door #1) on the north is part of the historic character of the building and is required to be maintained. Door #1 swings inside in to the stair, obstructing the required egress path from the upper floors of this hotel, and reducing the available landing at the stair. The hotel ownership is willing to maintain the exterior door for historical reasons and reroute access to the upper hotel floors through the common lobby.

50 percent of the interior exit stairway is permitted to discharge through a lobby per Section 1027.1. The new 60-minute rated door provides the egress path from the stairway to the lobby. The new door will swing in the direction of the travel and improve the egress from the upper floors through this stair. Therefore we request that you grant this appeal.

1027.1

Exit Discharge
Exceptions:

1. A maximum of 50 percent of the number and capacity of interior exit stairways and ramps is permitted to egress through areas on the level of exit discharge provided all of the following are met:

1.1. Such enclosures egress to a free and unobstructed path of travel to an exterior exit door and such exit is readily visible and identifiable from the point of termination of the enclosure.
1.2. The entire area of the level of exit discharge is separated from areas below by construction conforming to the fire-resistance rating for the enclosure.
1.3. The egress path from the interior exit stairway and ramp on the level of exit discharge is protected throughout by an approved automatic sprinkler system. All portions of the level of exit discharge with access to the egress path shall either be protected throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, or separated from the egress path in accordance with the requirements for the enclosure of interior exit stairways or ramps.

The building has two enclosed exit stairs. The enclosed exit stairway at the southwest corner of the building, discharges direct to the public way. The historic stair will exit in to the hotel lobby and then through the main entrance door.

See Attachment #5 for the location.
NOTE: This appeal item is referred as APPEAL #8 in the attachments.

Door #1 will no longer be used for egress and new door (Door #2) will be added on the east wall on the stairway landing. When this door is opened the main entrance is right in front of you, and the public street is clearly visible through the adjacent windows. See the plan attached.

The provisions include:
• The exterior door (Door #1) will be locked and will have a sign marked “NOT AN EXIT DOOR”
• The exit travel within the lobby is 19 feet from the stair landing.
• The egress path through the lobby is unobstructed.
• Illuminated egress signage will be provided to direct the occupants to the exit door at the lobby.
• The lobby floor will be 1-hour rated, the same fire-resistance rating as the stairway enclosure.
• The building is fully sprinklered, including all portions of the discharge level that provide access to the egress path.

The existing historical exit discharge door, Door #1, swings in to the stair and obstructs the egress path and reduces the landing space. This door cannot be replaced or swing out in the direction of travel due to proximity of property line. The new door will swing out and the path to the public way will be readily visible and identifiable from the bottom of the stairs.

The exterior door (Door #1) on the north is part of the historic character of the building and is required to be maintained. The exit path through the new door and hotel lobby will meet all the requirements of Section 1027.1 and therefore we request that you grant this appeal.

1009.4

Width. The width of stairways shall be determined as specified in Section 1005.1, but such width shall not be less than 44 inches (1118 mm). See Section 1007.3 for accessible means of egress stairways.

Exceptions:

1. Stairways serving an occupant load of less than 50 shall have a width of not less than 36 inches (914 mm).

The Harlow Hotel is an existing historic building. The upper floors of this building have an occupant load of 80 hence a 36 inch wide stair meets the code requirements. The basement level has a total occupant load of 120 and requires a minimum of 44 inch wide stair. This floor currently has only one exit access stair, which is 4 feet 8 inches wide and located on the north, between Gridlines D and E (see Attachment #4). The proposal includes addition of a new exit stairway on the southwest corner to provide the second means of egress. However, space constraint limits the width of the stairway to 36 inches.

NOTE: This appeal item is referred as APPEAL #9 in the attachments.

Two exits are required from the basement based on the occupant load of 120. A new exit stairway provided on the southwest corner meets the requirements of the second exit from the basement. Space restrictions in this historic building limits the width of the stairs to 36 inches. The width cannot be increased to the required 44 inches, due to the layout of walls surrounding the stair. The walls cannot be moved to the north without obstructing the historic windows or moved to the south without limiting the required width of the accessible route. So, the width of the exit stairs is limited to 36 inches. This works for the upper floors but is note adequate from the basement level only.

The other means of exit from the basement is the existing exit access stairway on the north. This stair has a width of 4 feet 8 inches. The combined width of the two stairs is 92 inches, which is more than 88 inches (twice the minimum of 44 inches) required by the code. The two stairs, combined, have more than adequate width to handle the occupants from the basement.

Therefore we request that you grant this appeal.

1004.2

Increased occupant load. The occupant load permitted in any building, or portion thereof, is permitted to be increased from that number established for the occupancies in Table 1004.1.2, provided that all other requirements of the code are also met based on such modified number and the occupant load does not exceed one occupant per 7 square feet (0.65 m2) of occupiable floor space. Where required by the building official, an approved aisle, seating or fixed equipment diagram substantiating any increase in occupant load shall be submitted. Where required by the building official, such diagram shall be posted.

The proposed design is to add a guestroom and outdoor deck of R-1 occupancy on the fourth floor of the existing hotel. Refer to Attachment #8.
NOTE: This appeal item is referred as APPEAL #10 in the attachments.

The outdoor deck will be available to the occupants of the guestroom on the roof as well as to the occupants of the guest rooms below. Therefore, this appeal requires the higher occupant load factor of assembly use rather than that of residential use be applied to this roof deck. This results in an occupant load of 46 occupants for this floor. This is consistent with the worst case occupant load for this deck based on intended use of this space.

The protection measures provided will be:
• Permanent signs of an approved size and legibility indicating Maximum Occupant Load of 46 conspicuously posted at the entry doorway per OSSC 1004.3.
• Two exits are provided from this floor.

The addition of a new fourth floor will include a single guestroom and a roof deck. The roof deck functions as part of the guestroom. Per Table 1004.1.2, the occupant load factor of 200 gross square feet for residential space establishes the total occupants on the floor to 10 people. It is intended that the occupants on the floor will exceed the calculated load per the table, as the space may be made available to guests from rooms on lower floors. The space will not be available out to anyone other than to guests of the hotel

The proposed occupant load is based on the estimated actual number of people, in accordance with Section 1004.2. The guest room has an area of 1491 square and the deck has net area of 559 square feet. Therefore, the occupant load of the 559 square feet of deck is determined separately from the guest room, using the occupant load factor of one person for each 15 square feet of net area. The total occupancy of the floor is therefore calculated to be 46 persons.

Additionally, signs will be provided indicating Maximum Occupant Load. Two means of egress are provided from the floor to meet the egress capacity requirements. Therefore we request approval for the proposed occupancy limit of 46 persons.