Appeal 20454

Sections 510.2 & 510.9

510.2 Horizontal building separation allowance. A building shall be considered as separate and distinct
buildings for the purpose of determining area limitations, continuity of fire walls, limitation of number of
stories and type of construction where all of the following conditions are met:

1. The buildings are separated with a horizontal assembly having a fire-resistance rating of not less than 3 hours.
2. The building below the horizontal assembly is not greater than one story above grade plane.
3. The building below the horizontal assembly is of Type IA construction.
4. Shaft, stairway, ramp and escalator enclosures through the horizontal assembly shall have not less than a
5. hour fire-resistance raring with opening protectives in accordance with Section 716.5.
6. The building or buildings above the horizontal assembly shall be permitted to have multiple Group A

occupancy uses, each with an occupant load of less 300, or Group B, M, R or S occupancies.

1. The building below the horizontal assembly shall be protected throughout by an approved automatic

sprinkler system in accordance with Section 903.3.1.1, and shall be permitted to be any of the following
occupancies:
6.1. Group S-2 parking garage used for the parking and storage of private motor vehicles;
6.2. Multiple Group A, each with an occupant load of less than 300;
6.3. Group B;
6.4. Group M;
6.5. Group R; and
6.6. Uses incidental to the operation of the building (including entry lobbies, mechanical rooms,
storage areas and similar uses.

1. The maximum building height in feet (mm) shall not exceed the limits set forth in Section 503 for the

building having the smaller allowable height as measure from the grade plane.
510.9 Multiple buildings above a horizontal assembly. Where two or more buildings are provided above
the horizontal assembly separating a Group S-2 parking garage or building below from the buildings above in
accordance with the special provisions in Sections 510.2, 510.3 or 510.8, the buildings above the horizontal
assembly shall be regarded as separate and distinct buildings from each other and shall comply with all other
provisions of this code as applicable to each separate and distinct building.

The proposed project consists of a 5 Story Type IIIB Construction Residential building above a 2 Level
'Building Podium' comprised of two separate, one level Type IA Construction buildings stacked vertically.
Podium level 1 contains Retail Commercial, Management & Residential occupancies as described in greater
detail on page 3.
The project has a 1 Story Type IA building above grade plane with Retail Commercial & Parking
occupancies. This will be referred to as the 'Building Pedestal'. The top of the Building Pedestal has a 3-hour
fire resistive horizontal assembly per Section 510.2. The entire building is equipped with an NFPA 13
automatic sprinkler system.
Above the horizontal assembly there is a 1 Story Type IA construction building with an R2 Residential
occupancy in accordance with .510.2 and Section 510.9. This will be considered a separate building from
the building below the horizontal assembly. There is also a second 3-HR fire resistive horizontal assembly
above the second building, making it a separate building from the one below and the one above. This
building is also equipped with an NFPA 13 automatic sprinkler system.
The two Type IA buildings described above will be referred to as the 'Building Podium'.
Above the podium, there is a 5-Story Type IIIB Residential Building equipped with an NFPA 13 automatic
sprinkler system. The Type IIIB Residential Building will be built in accordance with the Bureau of
Development Services Code Guide: Type III Construction - OSSC/6/#4
Fire protection standpipes will be provided in accordance with the 905.4.2 Exception in exit stairways.
This appeal requests approval for a two (2) story podium of Type IA construction above grade plane and
five (5) stories of Type IIIB construction above that. The building meets the requirements of section 510.2
and 510.9. We are also proposing the following additional protection measures:
? In addition to the code required 3 hour horizontal separation between the first and second floors,
there will be another 3 hour horizontal separation between the second and third floors.
? In addition to the first floor the second floor will also be of type IA construction.
? Both of the two building exit stairs will discharge at the first floor level. This will provide at grade
exit discharge for both levels.
? The exit stairs and shafts above the 3 hour horizontal fire separation from the 3rd to the 7th floor
will be 2 hour rated enclosure. The enclosure will be 2 hour rated at both the lower two floors.

Section 510 Special Provisions allows for use of Horizontal Assemblies to created separate buildings that are
separated by horizontal assemblies with a minimum 3-hour fire resistant rating.
Paragraph 510.2, permits multiple buildings 'stacked' on top of each other, above a Horizontal Assembly.
Occupancies allowed above the horizontal assembly include Groups A, B M, R and S.
The building must be equipped with an NFPA 13 automatic sprinkler system.
The overall height of the combined buildings is limited to the allowable height of the most restrictive type
of construction. According to Table 503, Type IIIB construction for the (R2) Residential occupancy allows
4 stories and 55 feet of height. Section 504.2 Automatic Sprinkler Increase, allows one additional story
and 20 feet of additional height for a total of 5-Stories and 75 feet.
Therefore, the total allowable height of the building would be 75 feet from ground plane (average
finished ground level) to the average of the highest roof surface. [Definitions per Section 502]
In order to address potential concern about having a stacked configuration of two buildings comprising
the Podium below the Residential Building, we propose the following elements as mitigating factors
which provide equal or greater fire & file safety:

Two (2) 3-hour rated horizontal assemblies provide separation of buildings between the ground plane
Type IA pedestal floor, the Type IA second floor and the 5-Story Type IIIB Residential building above.

A 2-hour vertical exit enclosure extends through all floors & horizontally to the public way at the ground
floor. A smoke vestibule will be provided between the Podium floor spaces and the vertical exit enclosure.
The code provisions of OSSC section 510.2 originated in urban areas with steep slopes. The type IA
construction with a 3 hour separation was deemed to provide protection equivalent to being on grade.
Therefore these buildings are often referred to as having a platform or a podium. The extension of the type
IA construction to the second floor meets this code intent. Additional 3 hour horizontal separation between
the second and the third floor enhances that protection level.
The proposed building compartmentalization by means of horizontal separations in conjunction with the
automatic fire sprinkler system provides equal or greater protection to the building occupants.
With the proposed alternative measures listed above, We believe that the life safety of the proposed
building occupants is at least equivalent to the requirement of the code.
Therefore we believe that the enhanced design features proposed in this appeal request will ensure that
this building is provided with a safety measures equal to or better than that intended by the code.

602.3 Type III Construction

Type III construction is that type of construction in which the exterior walls are of noncombustible materials and the
interior building elements are of 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.

The Proposed Design consists of a 5 Story Type IIIA Construction Residential building above a 2 Level
Type IA Construction 'Building Podium'. This is a 7-story apartment building with 5-stories of Type IIIA
construction over 2-story Type IA. The building is primarily residential group R-2 apartments/live-work
units with some group B lobby, group S-2 parking garage occupancies.
The exterior bearing walls in the Type IIIA building are required to be FRT wood per 602.3. The
proposed design consist of exterior walls with untreated wood stud framing with Roxul
ComfortBatt mineral wool insulation 2.0 (lbs/ft3) friction fit between studs to fill the entire 6”
nominal wall cavity. The attached white paper by Code Unlimited documents that this will exceed
the performance of a traditional FRT wood wall.
The proposed design is based on the ‘Portland Code Guide - OSSC/6/#4’ that allows Non - FRT
wood framing within exterior walls of R-2 occupancy buildings of Type III construction. This
building meets the requirements for the Portland City Guide (OSSC/6/#4) (condition #1- #10 &
Condition #12 - #16) except for the condition #11 and #17.
For condition #11, the height of the building exceeds 75 feet required by the Code guide, but
meets the allowable height for Type IIIA construction (85 feet) per OSSC. Note: The building will
either meet the conditions for aerial access or will satisfy the requirements of alternate to aerial
fire apparatus roads as prescribed by the PFC. (To be coordinated with the Portland Fire
Department in a later project negotiation).
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’-see
below.
For condition #17, exterior walls will be protected with non-combustible mineral wool insulation
as detailed in the attached white paper by Code Unlimited.

FRT reduces the structural strength of wood and requires more wood than a non-FRT wood wall.
The chemical use has long term environmental impact. Hence the request for alternate.
The attached white paper provides a fire analysis that supports the use of mineral wool insulation in the
wall cavity of untreated wood stud framing as an alternate to FRT wood stud framing permitted by the
OSSC section 602.3. The analysis compares untreated wood and FRT wood framed wall assemblies. The
analysis is based on published temperature data from full scale testing of multiple configurations of fire
rated stud walls. The analysis concludes that untreated wood framed walls with comfort batt mineral
wool insulation will outperform FRT wood framed walls without such insulation.
This building then far exceeds a comparable building that has FRT wood in exterior
walls as permitted by OSSC 602.3. The exception of item #17 is only for the
construction of the exterior wall to be as outlined here.
The exception to item #11, The permitted alternate per the PFC as described below, provides relief from
aerial access as follows.
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.
? · The ceiling cavity will be constructed of non-combustible materials; or the spaces between the
top chord of the trusses and the ceiling will be filled entirely with non-combustible insulation
per NFPA 13, 8.15.1.2.7. (This satisfies the requirements that there are no combustible
concealed attic spaces).
? · Exit stairs are extended to the roof in a 2-hour enclosure.
? · The roof slope is essentially flat with a slope of 3/8” per foot (less than 33% slope).
? · Approved access is provided to the roof from all the stairways. Each roof hatch is 36” x96” and
has a guardrail at the roof level.
? · The building is equipped with standpipes and at least one standpipe will terminate on the roof.

The addition of protection of all street facing walls with mineral wool filled stud cavities provides
a much safer building. With these modifications, we believe a higher level of safety has clearly
been provided for this project. Hence, we urge you to approve this appeal.

Multiple OSSC Sections

High-rise buildings shall comply with Sections 403.2 through 403.6
Chapter 2 DEFINITIONS: High-Rise Building. A building with an occupied floor located more than
75 feet (22 860 mm) above the lowest level of fire department vehicle access.
All Code sections in applicable codes (OSSC, OFC, NFPA Standards, Fire Marshal’s Office Policy)
that refer to High-Rise Construction requirements shall include, but are not be limited to:
OSSC 403.1 – High-Rise buildings shall comply with Sections 403.2 through 403.6.
903.3.5.2 Secondary Water Supply
903.4.3 Floor Control Valves
907.2.13 High-Rise Buildings, Smoke Detection system in accordance with 907.2.13.1 &
Fire Department Communication per 907.2.13.2
907.5.2.2 Emergency voice/alarm communications systems
907.6.3.2 High-Rise buildings, zones for alarm initiating devices
911 Fire command Center
913.2.1 Fire Pump Room Protection
NFPA20, 4.13.1.1.1 - fire pump room rating
NFPA20, 9.6.2.3 and FIR-8.06 - Electric fire pump generator fuel supply
PFC 508 - fire command center features (including but not limited to, firefighter communications
(DAS or hard wired fighter phones), status indicators for air distribution/fire pump/generator, BIC, etc.).

The Proposed Design consists of a 5 Story Type IIIA Construction Residential building above a 2 Level
Type IA Construction 'Building Podium'. Podium level 1 contains Retail Commercial, Management &
Residential occupancies. Podium Level 2 contains residential occupancies.
The site slopes down from the south to the north, with the low point in the northwest corner of
SW 15th Ave. & SW Taylor St. (public streets). The grade differential is approximately 4 feet.
This is a high-rise structure only due to the addition of the two occupied decks of 750 sq. ft. each
at the roof level. The Roof Deck is 83’ above the lowest level of firefighter access; it is 79’ above
the high point of the adjacent site grade.
? The Building is fully sprinkled per OSSC 903.3.1.1 (NFPA 13 System)
? Proposed design includes Smoke detection provided throughout buildings including corridors.
? Proposed design includes Central Fire Alarm panel in the Main Lobby.
? Proposed design includes DAS system installed and tested. DAS system will not be connected to Fire
Command Center (as no Fire Command Center or FCC Required Features are provided).
? Proposed design will include per OSSC 403.5.4 Smokeproof Enclosures: (2) stairs extending to roof,
shall be pressurized to prevent buildup of smoke per sections 909.20 & 1022.10.
? Proposed design will include per OSSC Ch 9:
a. 909.20 – Smokeproof enclosures. Per 909.20.5 Stair Pressurization Alternative, the Vestibule is not
required. Mechanical equipment providing pressurization if on emergency stand-by power.
b. 909.16 Fire-fighters smoke control panel – not required to be located in a fire command center per
section 911; but will meet requirements for “All other buildings” and will be provided in an approved
location adjacent to the fire alarm control panel.
? Proposed design will include DAS system installed and tested. DAS system will not be connected to
Fire Command Center (as no Fire Command Center or FCC Required Features are provided).
? All applicable code requirements for High Rise construction as noted in OSSC, Fire Code, NFPA, Fire Marshall’s Office Policy, and all other applicable codes shall not apply, except as specifically stated as proposed design, items not required include:
a. All sections of OSSC 403.2 through 403.6 are not required, except as noted in #5 above.
b. High-Rise requirements noted in NFPA20, FIR 8.06, and PFC shall not be implemented.
c. All referenced sections of OSSC Ch 9 do not apply except, as noted in #6 above.
d. Fire Command Centers per OSSC Section 911 are not required, including all items per 911.1.5 Required
Features.
e. Fire Pumps are not required to meet High-Rise construction. Therefore per 913.2.1 Protection of Fire Pump Room, the fire pump room shall be separated by a 1-HR assembly. Sections regarding Fire Pumps for High-Rise in NFPA20 & FIR will not apply.

The Proposed Design consists of a 5 Story Type IIIA Construction Residential building above a 2 Level Type
IA Construction 'Building Podium'. The site slopes down from the south to the north side, with a low
point in the northwest corner at SW 15th Ave. & SW Taylor St. (public streets).
This is a high-rise structure only due to the addition of the two occupied decks of 750 sq. ft. maximum
each at the roof level. The Roof Deck elevation is 78.0’ above the low point of the adjacent grade as a
result of the 4-foot grade differential across the site.
Due to the limited area of the occupied decks, the only requirement for high-rise construction that is
proposed for this project is provision of Pressurized Stairways
? The Building is fully sprinkled per OSSC 903.3.1.1 (NFPA 13 System)
? Proposed design includes Smoke detection provided throughout buildings including corridors.
? Proposed design includes Central Fire Alarm panel in the Main Lobby.
? (2) stairs extending to roof, shall be pressurized to create Smokeproof Enclosures.
The proposed Fire & Life Safety provisions will be equivalent to code requirements.

OSSC 1018.6 and BDS Code Guide OSSC/10/#9

Corridor Continuity and Equipment & Furniture Allowances
in Fire-Rated Corridors
Requires: Per OSSC 1018.6, the rated corridor serving the level 1 dwelling units must be continuous to the
exit, and cannot be interrupted by intervening rooms, except Lobby 100. Therefore, Lobby 100 is part of the
1-hour rated corridor, and Parcel 101D, Leasing 101A, and the small room between these rooms must be
separated from the rated corridor and Lobby 100 with 1-hour rated fire partitions, 20-minute rated fire doors,
and 20-minute fire rated glazing per Table 716.5 and Table 716.6.
The Code Guide (OSSC/10/#9) applies to alcoves in fire-rated corridors where equipment and furnishings are
provided for use by the building occupants. Corridor interruptions (alcoves) will be allowed to be open to fire-rated
corridors under the conditions listed below.
Level 2 Corridor Alcoves

1. Level 2 alcoves are 750 square feet or less; and
2. Level 2 alcoves are allowed in buildings that are equipped throughout with

an automatic sprinkler system meeting the requirements of NFPA 13.
Proposed alcoves not complying with the provisions of this code guide must be approved
on a case-by-case basis through the administrative appeals process.
A. Level 1 and Level 2 Alcoves

1. Egress Path. The egress path must meet the following conditions:

a. The egress path must be shown on the submitted plans;
b. The required exit width shall be maintained outside of the alcove area, except as
allowed in Condition A.3.c below;
c. In a corridor serving uses other than dwelling units, not more than one enclosed
room containing a primary occupancy may have its egress path pass directly through
an alcove to the corridor. Where more than one means of egress is required from
an enclosed room, not more than one of those means of egress may pass through
an alcove area. The required exit width shall be free of any amenities and furniture;
d. The egress path shall be reasonably direct and unobstructed by equipment and
furniture; and
e. The egress paths shall be designed to the satisfaction of the City of Portland Fire
Marshal’s Office.

PROPOSED DESIGN SUMMARY:
The proposed design is to provide a-Mailroom alcove adjacent to the Lobby.
The Mailroom alcove does not interfere with the Egress Path through the Lobby.
? The 1-Hour Corridor Wall surrounds the Mailroom alcove.
? The Mailroom alcove is 175 SF; 750 is allowed by the Code Guide

The Proposed Design has a 1-Hour rated Corridor system serving the First Floor Level.
The Lobby #100 is an allowed intervening rooms per OSSC 1018.6 Exception.
The Mailroom alcove adjacent to the Lobby that is in compliance with the allowable criteria for
Corridor Alcoves as described in Code Guide (OSSC/10/#9) for Level 2 Alcoves.
As indicated on attached Exhibit A-1, the non-separated alcove area (highlighted in yellow) is 175 S.F.
which is less than the 750 S.F. allowed. The Club Room and Parcel Room will be separated from the
Lobby with a 1-HR rated Corridor Wall.

The egress path through the Lobby is direct and unobstructed by equipment and furniture. The
proposed Mailroom alcove area does not interfere with the egress path in any way.
Other notable life Safety components of the building include the following:
? The Building is fully sprinkled per OSSC 903.3.1.1 (NFPA 13 System)
? Proposed design includes Smoke detection provided throughout buildings including corridors.
? Proposed design includes Central Fire Alarm panel in the Main Lobby.

The Proposed Corridor and Lobby Design has a 1-Hour rated Corridor system serving the First Floor Level.
The Lobby #100 is an allowed intervening room per OSSC 1018.6 Exception.
The Management and Leasing spaces adjacent to the Lobby that are in compliance with the allowable
criteria for Corridor Alcoves as described in Code Guide (OSSC/10/#9) for Level 2 Alcoves.
We recommend approval of the proposed design because the Fire & Life Safety provisions are
equivalent to applicable Building Code and Code Guide requirements.

NFPA 110, Sections 7.2.1.1 and 7.7.2.3

The emergency generator room must be separated from the rest of the building by construction
with a 2-hour fire resistance rating. In addition, these rooms require ventilation air to be supplied directly
from the building exterior or through ductwork with a rated 2-hour construction without the use of any
fire/smoke dampers which could prevent air from entering or exhausting the room.

The generator radiator exhaust is ducted through the garage and up to terminate at an area well and
maintains the generator room rating with fire wrap.
The generator radiator ventilation intake will be taken horizontally from the garage through a louver.
Additional Fire Protection Sprinklers will be provided on both sides of the louver to the garage.
The outside intake air will be provided through the Garage Door which is constructed
entirely as an open grill.
The Generator Room is located at the Mezzanine Level of the Parking Garage, 10 feet above the parking
level. Therefore, it is not possible to park vehicles in front of the Generator Intake or Exhaust.
See Exhibit A-2 for Floor Plans, Generator Room, Section & Door Elevation depicting these conditions.
Signage will be provided at the air inlet to the generator room to read, “DO NOT BLOCK EMERGENCY
GENERATOR AIR INTAKE”.

The limited amount of exterior wall does not allow for both the intake and the exhaust air to be
positioned per code. The proposed design has been previously approved by the Appeal Board in the past
for similar conditions.
We recommend approval of the proposed design because the applicable Fire & Life Safety provisions
are equivalent to applicable Code requirements.

OSSC 2902 Minimum Plumbing Facilities

2902.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy or use of
space in relation to Table 2902.1 and in the minimum number shown in Table 2902.1. Types of occupancies not
shown in Table 2902.1 shall be considered individually by the building official and shall reflect the use of the
space being served by the fixtures. The number of occupants shall be determined by this code.
Exceptions:
Separate facilities shall not be required for dwelling units and sleeping units.
Separate facilities shall not be required in structures or tenant spaces with a
total occupant load, including both employees and customers, of 30 or
less.
Separate facilities shall not be required in business occupancies with a total
occupant load, including both employees and customers, of 50 or less.
Separate facilities shall not be required in mercantile occupancies in which
the maximum occupant load is 100 or less.
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.

a. The design includes a single occupant Toilet Room on the ground level adjacent to the
Lobby for employee use serving the Club Room and Fitness Room (serving an occupant
load of less than 30).
Access to the building including the Entrance Lobby is restricted by the security access control
system, limited to residents of the apartment buildings and their guests as well as prospective
renters and building management staff. Residents have access to toilets and lavatories facilities in
the bathrooms of their apartment units. One unisex toilet is provided adjacent to the Lobby for
tenant, public and employee use serving the Leasing Office and prospective residential tenants.
b. The ‘private’ outdoor Roof Deck area intended only for use by the (tenants) residents of
the apartment buildings and their guests. Note that the calculated occupant load of this
Roof Deck is 49 people.
The Roof Deck will be served by the unisex Toilet Room on the Ground Floor adjacent to the
Lobby. This Toilet Room is adjacent to elevators which serve all floors and the roof.
See attached (marked) drawing A308.
The people who will use and occupy the Club and Fitness Rooms and the Roof Deck area, will be
either residents or guests of residents living in the apartment buildings. All of them have access to
toilets and lavatories facilities in the bathrooms of the individual apartment units.
Residential plumbing & bathing facilities are provided as required, minimum one per dwelling unit.
It is assumed the residents of the apartments will be able to use the toilet facilities in their own apartment,
therefore accessory residential areas such as the roof deck area, are not considered separate
occupancies which would require public plumbing toilet facilities. Since the roof deck area is only to be
used by the occupants of the apartment building and their potential guests, this area would not require
additional public plumbing facilities.

residents of the apartment buildings and their guests as well as prospective renters meeting
with Leasing Staff. The ‘private’ Clubroom and Lounge at the Ground Floor is intended only for
use by the (tenants) residents of the apartment buildings and their guests.
b. The ‘private’ Roof Deck area is only intended for use by the (tenants) residents of the apartment
buildings and their guests.
A single occupant Toilet Room on the Ground Level adjacent to the Lobby, the Club Room and
Fitness Room will be available for convenience use by the (tenants) residents of the apartment
buildings and their guests and by building employees
? Residents and Guests have access to the Unisex Toilet Room on the Ground Floor
? Residential plumbing & bathing facilities are provided as required in each apartment unit.
? Residential Accessory areas that have stair and elevator access, should not be considered
separate occupancies which would require public plumbing facilities
? The Rooftop Deck is only to be used by the occupants of the apartment building and their potential
guests, this area would not require public plumbing facilities.
The reason for the alternate is because the Residential Accessory areas are intended only to be
used by the residents and their guests who will have access to the restrooms in their own units
and will be familiar with the building layout well enough to know there is an additional Unisex
Toilet room on the Ground Floor adjacent to the Building Lobby.
The Unisex Toilet Room on the Ground Floor and the Toilets provided in each apartment unit
satisfy the spirit and intent of the code requirement for providing plumbing facilities.
No additional toilets are needed. No additional toilets should be required.