Appeal 15773

Appeal Summary

Status: Decision Rendered - Building Code Board of Appeals, Big Board

Appeal ID: 15773

Submission Date: 8/31/17 9:49 AM

Hearing Date: 9/14/17

Case #: B-001

Appeal Type: Building

Project Type: commercial

Building/Business Name: Fortune

Appeal Involves: Alteration of an existing structure,occ Change from B to A-2

Proposed use: Restaurant

Project Address: 102 NW 4th Ave

Appellant Name: Laurie Simpson

LUR or Permit Application #: Permit 17-221403-CO

Stories: 2 Occupancy: M, B, and A-2 Construction Type: III-B

Fire Sprinklers: Yes - fortune tenant space

Plans Examiner/Inspector: Marc Vieno

Plan Submitted Option: pdf   [File 1]

Payment Option: mail

Appeal Information Sheet

Appeal item 1

Code Section

903.2.1.1, Group A-2

Requires

An automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exists: the fire area exceeds 5000 sf, the fire area has an occupant load of 100 or more, or the fire area is located on a floor other than a level of exit discharge serving such occupancies.

Code Modification or Alternate Requested
Proposed Design

The original appeal was approved with the condition that the entire building be sprinklered within 5 years. This is a reconsideration to extend the time frame from 5 years to a window between 5 and 10 years, in order to incrementally sprinkler each tenant space and minimize disruption. The owner is elderly and requires this wider window of time.

The tenant, Fortune, would like to change the occupancy of their 2,318 sf ground floor space from ‘B’ to ‘A-2’. The space will continue to operate as it did before, but with a new opening in an existing wall between space A and B, modified restrooms, an enclosure around the cooking area, and an increase in the occupant load of less than 147. The 7000 gsf, 2 story building is a type III B construction and, with this change of occupancy, is within the Allowable Area (without sprinklers) per Table 503. Three other retail tenants are located on the ground floor with an existing restaurant occupancy upstairs - refer to attached site map.

The occupancy of the new 'A-2' space exceeds 100 occupants and the 'Fire Area' exceeds 5000 sf. Fortune proposes to provide sprinklers with a manual fire alarm system per NFPA 13 throughout this A-2 tenant space. Panic hardware, illuminated exit signs, and emergency lighting will also be installed as shown in the attached floor plan. In lieu of creating a ‘fire area’ around their space, the tenant proposes to extend the sprinkler and fire alarm systems into remaining tenant spaces as new tenants move in, but no longer than 10 years - thereby creating a fully sprinklered and fire alarmed building within 5 - 10 years. Once the building is fully sprinklered, the separation will no longer be required.

Increased safety measures include the following: Add early warning smoke detection and fire alarm system throughout the entire second floor; increase the density of the 'A-2' sprinkler heads from 'light hazard' to 'ordinary hazard'; decrease the spacing of the sprinkler heads along the tenant demising wall to 6' on center (similar to a water curtain); Extend sprinkler heads into the two exit stairs; Upgrade the sprinkler heads in the basement. Costs are spread thin due to these life safety upgrades - please note in your response if any of these items are not necessary for approval.

Reason for alternative

Fortune does not currently have access to other tenant spaces within the building - the work required to create either the 2-hr fire rated assemblies or install sprinklers will be disruptive and require demolition of existing finishes (Fortune's space was permitted for their current use in 2008 and 2012 with built-ins and expensive finishes).

If Fortune creates a fire area around their space, the remaining building will not require sprinklers (first floor spaces do not require it and the second floor restaurant, with its existing 'A' occupancy designation, could continue with this use without sprinklers). Phasing in full building sprinklers within 5 to 10 years will make this a safer building than if the new A-2 space were isolated within a 'fire area', where the remaining building is left unprotected.

The proposed design meets the requirements of the OSSC for the A-2 occupancy without sprinklering the remaining building, except we are not able to find evidence that Fortune's demising wall and ceiling are 2-hr fire rated.

The beams and girders that support the second floor, however, are robust heavy timber (see attached) and will survive 2 hours of fire. Increasing the density of the sprinkler heads provides further protection. The fire resistance rating of the east/west wood beams is 144 minutes (2 each at 18 1/2" deep and 9 1/2" wide. gross width is 19" = 144 minutes (Z=1.0)). The fire resistance rating of the North/South Beams = 119 minutes (16" deep and 115 1/2" wide = 119 minutes (Z=1.0)). In addition, the posts are 16" x 16", the exterior walls are 12" solid reinforced concrete, and the concrete piers are 2'-6" x 12" reinforced concrete.

The demising wall is further protected with sprinkler heads that are spaced closer together. Refer to attached drawing of existing assemblies. A copy of the original blueprints (from microfische) are available upon request.

The water service will be upgraded from a 2" to a 4" meter with infrastructure in place for easy future sprinkler installation at a low cost.

The smoke detection and fire alarms throughout the building add further protection for tenants within and outside of the A-2 occupancy.

The existing exit capacity of Fortune's space is 12', which is over 3 x the proposed occupant load.

The fully sprinklered Fortune space is small, has multiple, at grade, well distributed, direct, and obvious exits that are equipped with panic hardware, emergency lighting and exit signs. Combined with the added sprinkler, fire alarm and smoke detection measures, robust construction, short travel distances, and extra exit capacity, occupants can easily and safely exit the space within minutes. Within 5-10 years, the tenant will have dramatically increased the life safety of all remaining tenant spaces with a fully sprinklered building. This proposal complies with the spirit of the OSSC, specifically chapter 9.

Appeal Decision

The Building Code Board of Appeal met on September 14, 2017 and the following decision was reached:

Extension of approved time frame for full sprinklering of building: Denied.

Decision: Unanimous

Board Members: Dave Spitzer, Jennifer Nye, and Jennifer Alger

Pursuant to Oregon Revised Statutes 455.690, you may appeal this decision to the appropriate State of Oregon advisory board within 30 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, contact the Oregon Department of Consumer and Business Services, Building Codes Division.