Appeal 16216

OMSC 401.4.1

IBC/27/#1 states “Where installed inside a building, the equipment (emergency generator) shall
be located in an enclosure providing a two­hour occupancy separation from all other
occupancies and uses, including mechanical equipment.”

This appeal would allow an emergency generator intake vent in a 2 hour rated wall without a fire damper.

The on-site generator is located at Level 1. The generator room requires a two-hour rated enclosure (fire barrier) constructed in accordance to Section 707. The generator requires ventilation air for cooling purposes. If the openings in the two-hour wall were protected with fire smoke dampers, this would disable the generator because it would prevent combustion and cooling air from reaching the generator in cases of emergency. The engine radiator cooling airflow is 7,610 cubic feet per minute.

The proposed design that will be implemented to provide an equivalent level of protection to the generator enclosure will include:
• Installation of two fire sprinkler heads between 4 – 24 inches above the intake louver located on the west wall of the generator enclosure; one located on the interior side of the enclosure, and one located on the exterior side of the enclosure.

Please see attached generator room plan.

Due to Planning Department’s requirement for the layout of the building, the generator is located within the limits of the building enclosure. This location makes it not possible to provide both intake and exhaust louvers on the non-rated exterior wall. The intake louver has been located in the west wall of the two-hour rated enclosure. The current layout positions the generator enclosure within the type IA portion of the building, and the enclosure can only be accessed by property management.

The alternate strategy of providing dedicated sprinkler heads at the intake opening provides an equivalent level of protection to fire dampers, and enables the generator to function in the event of a fire. It is a method that has been previously approved on similar projects in the City of Portland.

Reference appeal with similar condition: Appeal ID#13885, 13519, 6/1/16; Appeal ID#12880, 12/30/15; Appeal ID#12693, 11/12/15

Portland Code Guide Type III Construction – OSSC/6/#4

Type III construction is that type of construction in which the exterior walls are of noncombustible materials and the interior building elements are any material permitted by this code. Fire-retardant-treated wood framing complying with Section 2303.2 shall be permitted within exterior wall assemblies of a 2-hour rating or less.

Encore Architects is designing a new apartment building at 1337 E Burnside St. This project is a 6-story apartment building with 5-stories of Type III A construction over 1-story of Type I A construction. The building consists of some group B lobby and leasing, group S-2 parking garage occupancies, and the primary occupancy is R-2 residential apartments with live work units.
The proposed design is based on the Portland Code Guide Type III Construction – OSSC/6/#4 that will allow non-fire-retardant-treated wood framing within exterior walls of R-2 Occupancy Buildings of Type III Construction. This building meets the requirements of the Portland City Guide OSSC/6/#4) conditions #1 - #10, and conditions #12 - #17. The exception is condition #11.
For condition #11, in lieu of providing the fire apparatus aerial access, the building will satisfy the requirements of alternate to aerial fire apparatus roads as prescribed in the ‘Portland Fire & Rescue Guide’. For condition #11, the distance from the top of the roof parapet to the lowest required fire apparatus setup point, as determined by the Fire Marshall’s Office, shall not exceed 75’. A minimum of one dominant street-facing building façade shall meet Fire Code requirements for fire apparatus aerial access.
The proposed design has an average grade plane at elevation 119.33’ with a maximum building height measured to the top of the highest parapet of 75’-0” which is elevation 194.33’. The lowest fire apparatus setup point is elevation 117.33’ per Civil, which results in a 77’-0” height to the top of the highest parapet. The high parapets occur at each corner of the building (see attachment – plans and elevations). All high parapets have the same elevation of 194.33’. The building typically has a low parapet at elevation 191.625’, which is a 74’-3 9/16” height above lowest fire apparatus setup up point.
The Portland Code Guide requires compliance with the following alternate provisions in lieu of aerial access.
• The building will be equipped with an approved automatic sprinkler system
• There are no combustible concealed attic spaces.
• One exit stair extends to the roof in a 2-hour enclosure and the other has a ship ladder that extends to the roof.
• The roof slope is essentially flat with a slope of ¼” per foot (less than 33% slope)
• Each stairwell is equipped with a standpipe.
All street facing walls are already proposed to be filled with mineral wood within the stud cavity. At the high parapet locations that exceed the 75’-0” limit by 2’-0”, the wall assembly will have mineral wool filled stud cavities, providing an extension of fire protection above the roof structure (see A5.10).

Due to the gateway condition of NE corner at Sandy, the planning department required a more prominent treatment there and at the other corners. At some locations the higher parapet is less than 75 feet from the street level. However, the location of the aerial access is at the lowest point of the site so we are two feet above for 30% of the roof area. All parapet walls are rated 2-hour from the roof side and the adjacent right-of-way widths range from 60 to 84 feet making the fire distance to nearby properties is great.

OFC 307.4.3 &308.1.4

OFC 307.4.3 states “Portable outdoor fireplaces shall be used in accordance with the
manufacturer's instructions and shall not be operated within 15 feet (3048 mm) of a structure or
combustible material.”
OFC 308.1.4 states “Charcoal burners and other open-flame cooking devices shall not be
operated on combustible balconies or within 10 feet (3048mm) of combustible construction.”

The Broadstone Burnside is a fully sprinkled 211 unit mixed-use, 6 story apartment building. The 2nd floor courtyard is for use by the tenants only and contains a A-3 occupancy assembly area with a noncombustible deck, moveable furniture, fixed landscaping containers and a fixed fire pit and barbeque unit.

FIRE PIT (outdoor fireplace): A fixed (non-portable) UL listed or CSA certified gas fire pit.
BARBEQUE (open flame cooking device): 2 fixed (non-portable) UL listed or CSA certified
barbeque units.

LOCATION:
Both elements will sit above a 3-hour rated roof/ceiling assembly within the Type IIIA construction,
including a non-combustible pedestal paver system. The only combustible, unprotected materials within 19’-6” of the fire pit and within 14’-0” of the barbeque (open flame cooking device) will be furniture and landscaping. Landscaping planters will be fixed in place. Furniture will be moveable. See attached plan for location of open flame devices.

SAFEGUARDS:
The proposal includes the following precautions:
• Building finishes are non-combustible – walls, parapets, and deck material.
• Landscape planters are fixed.
• The devices will be secured to the non-combustible deck structure to prevent tipping.
• Lighting will be provided at this location to ensure ease of access to shut-off and extinguisher.
• A metal mesh screen, or a vertical glass windscreen that is at least as tall as the maximum flame height, will be fixed in place around the fire pit to prevent combustibles from contacting or being ignited by the flames
• A wire-mesh cover, fixed in place and hinged is provided for the fire pit to prevent combustible
materials from contacting the flames.
• A portable fire extinguisher will be located in the nearby corridor. See attached plan for location of the fire extinguisher.
• A manual shut-off is located about 10’ from the fire pit.
• The fuel shutoff is interconnected with the fire alarm system, shutting-off upon alarm activation
originating anywhere in the building.
• The fire pit and barbeque gas flow will be activated by timers with 60 minute limits.

The alternate is required in order to provide an enjoyable and safe amenity for the residents and
will meet all other requirements of OFC 308.4 and 308.1. The amenity of a real fire and access to outdoor cooking is safeguarded by the above-listed prescriptive path that has previously been
developed and approved on other similar projects in the City of Portland. We are requesting
confirmation that combustible furniture and landscaping can occur within 15’-0” of a fixed outdoor fireplace (fire pit) and within 10’-0” of an open-flame cooking device (barbeque) and that it will be allowed on the roof of the concrete parking garage.

2014 OSSC Section 2902.3

Employee and public toilet facilities. Customers, patrons and visitors shall be provided with public toilet facilities in structures and tenant spaces intended for public utilization. The number of plumbing fixtures located within the required toilet facilities shall be provided in accordance with Section 2902.1 for all users. Employees shall be provided with toilet facilities in all occupancies. Employee toilet facilities shall either be separate or combined employee and public toilet facilities.

This appeal would allow four unisex restrooms for Level 1 and Level 2 common areas versus the number required per Table 2902.1.
The Broadstone Anthem project is a 211-unit mixed use, 6 story apartment building located between NE 13th and 14th Avenues and between NE Couch and NE Burnside. The “C” shaped building has frontage on all four streets. Building height from the ground floor level to the roof top (excluding elevator penthouse) is approximately 75’.

The first floor contains three common use rooms, the lobby/leasing office (occupant load of 194), fitness (occupant load of 30) and the amenity lounge (occupant load of 94). A single unisex restroom is proposed for each of these common area uses.

The 2nd floor contains one common use room, a club room. A single unisex restroom is proposed for the common area use. The occupant load for the club room is 76.

It is assumed the residents of the apartments will use the toilet facilities in their own apartment, therefore accessory residential areas such as the entrance lobby, vestibules that provide stair and elevator access, the mail room, trash room, and tenant storage areas, etc., are not considered separate occupancies which would require public plumbing toilet facilities. Similarly, since the Level 1 common rooms and Level 2 common room are only to be used by the occupants of the apartment building and their potential guests, this area would not require additional public plumbing facilities.
Only areas provided for use other than for the apartment residents and their guests, require public plumbing facilities. Therefore, the leasing office area is the only area of the building that requires public toilet facilities for leasing staff, in which a single unisex facility is being provided currently on Level 1. For convenience purposes, two other unisex restrooms are being provided on Level 3 near the common rooms and one unisex restroom is on Level 2 within the club room. The future retail space will require public toilet facilities, and future toilet facilities will be designed and permitted separately under the Retail tenant’s scope.

This appeal is submitted to clarify the intent of the code and demonstrate compliance consistent with the interpretation by ICC staff.
See attached recently submitted (with appeal #13042) correspondence from senior staff engineer Mike Giachetti, PE with the International Code Council (ICC). This email provides an interpretation of IBC Chapter 29; Minimum Number of Required Plumbing Fixture for buildings that have a main occupancy of apartment/residential without areas that are used by the general public. Oregon amendments to Chapter 29 do not alter the base IBC requirements regarding this subject.

Reference appeal with similar condition: Appeal ID#13885, 13706

OMSC 706.2

OMSC 706.2 states “Fire walls shall have sufficient structural stability under fire conditions to allow collapse of construction on either side without collapse of the wall for the duration of time indicated by the required fire-resistance rating or shall be constructed as double fire walls in accordance with NFPA 221.”

This appeal would allow fire retardant treated plywood to cross the area separation fire wall in order to not significantly compromise the plywood shear diaphragm (see proposed 3-hour fire wall details attached and memo from Structural Engineer.

We are seeking approval of the Fire Wall as proposed because we would like to construct the Type III-A building with non-fire-retardant-treated wood framing within the exterior walls of R-2 occupancy per OSSC/6/#4. This requires the Type III-A to be no more than 12,000 square feet plus area increases. The project complies with the allowable area per story but not for total allowable building area. Adding an area separation will reduce our building floor area to meet this requirement.
Discontinuing the sheathing across the fire wall air gap will create two separate seismic buildings that will need to have a functionally difficult seismic joint. It could promote pounding or damage to the fire-resistive materials since the adjacent sides of the building would be allowed to move out of phase to earthquake motion.

Reference appeal with similar condition: Appeal ID#13941 01/18/17.