Appeal 15097

Appeal Summary

Status: Decision Rendered- Reconsideration of ID 14914, item #3

Appeal ID: 15097

Submission Date: 5/14/17 6:50 PM

Hearing Date: 5/17/17

Case #: B-013

Appeal Type: Building

Project Type: commercial

Building/Business Name:

Appeal Involves: Reconsideration of appeal

Proposed use: Multifamily Apartments

Project Address: 1177 SW Market St

Appellant Name: Michael Barrett

LUR or Permit Application #: Permit 16-173209-CO

Stories: 14 Occupancy: R-2 Construction Type: 1-A

Fire Sprinklers: Yes - Full

Plans Examiner/Inspector: Kathy Aulwes

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

Payment Option: mail

Appeal Information Sheet

Appeal item 1

Code Section

2014 OSSC 1024.1

Requires

General. Approved luminous egress path markings delineating the exit path shall be provided in high-rise buildings of Group A, B, E, I, M and R-1 occupancies in accordance with Sections 1024.1 through 1024.5

Code Modification or Alternate Requested
Proposed Design

The project proposes to omit luminous egress path markings, instead relying on other life safety requirements for high-rise apartment buildings including emergency power for lighting and stairway pressurization to provide sufficient protection for building occupants within a R-2 occupancy building.

---------------RECONSIDERATION -------------------------

In lieu of luminous egress path marking, the project proposes additional battery backups within all emergency lighting within interior exit components in addition to generator power.

Lighting within exit components will carry UL 924 Emergency Bypass/Shunt relays that configure fixtures to run off primary power, to emergency generator power in the case of a power loss, then to an emergency battery backup only in the case of loss of generator power. The battery backup power will provide illumination levels required by OSSC 1006 - (Means of Egress Illumination) for a minimum of 90 minutes in the case of both primary and back up generator power loss as exceeding the requirements of OSSC 1024.4.

Reason for alternative

See Exhibit 03 -Luminous Markings for more information:

Luminous egress path markings are intended to provide an extra layer of protection for individuals not necessarily familiar with a building egress paths. The proposed apartment building project is exclusive tenant use with a primary Group designation of R-2, typically not triggering the requirement for luminous egress path markings.

In a typical configuration of multifamily housing, this project proposes common spaces - both an amenity club room and a private roof terrace at the top floor of the tower. These spaces are for tenant use only and accessible only under fob entry systems, creating a reasonable expectation that building occupants will be familiar with building egress paths.

In line with City guidance and due to the size and nature of shared amenity spaces, these areas are listed as Group A occupancy within our code analysis in lieu of R-2 Accessory. However, as non-public spaces intended for exclusive use by R-2 occupants, these spaces fall within a middle ground between A and R-2 occupancy. We argue that this middle ground does not qualify for the code intent of luminous egress path markings, aimed at providing additional egress notification for occupants assumed to be unfamiliar with the building

The project meets all other requirements of a multifamily high rise, including emergency back up power, back up lighting within egress paths and stair pressurization. Luminous egress path markings would unquestionably not be required the project's common spaces were listed as R-2 accessory or omitted from the design.

---------------RECONSIDERATION -------------------------

Luminous Egress Path Markings are intended to provide lighting level to support egress paths within high rise projects when catastrophic conditions occur - both loss of primary power and the loss of power from the backup generator. The aim is for those unfamiliar with the building have additional protections for navigating egress components and obstacles.

With proven and field tested battery backup systems for emergency lighting and more advanced bypass relays available, alternate options are availability within the market to add these additional protections. Battery backup systems, similar to those used in projects without generators, are local to each fixture and provide the resiliency for occupancy safety intended by this code section.

We kindly request that providing two back up power sources to be used in succession provides equivalent protection for this project.

Appeal Decision

Omission of luminous markings in R2 occupancy with "B" amenity space located at roof deck used primarily by residents and guests: Granted as proposed for this use, configuration and occupancy.

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.

Pursuant to City Code Chapter 24.10, you may appeal this decision to the Building Code Board of Appeal within 180 calendar days of the date this decision is published.  For information on the appeals process and costs, including forms, appeal fee, payment methods and fee waivers, go to www.portlandoregon.gov/bds/appealsinfo, call (503) 823-7300 or come in to the Development Services Center.