Appeal 24800

Appeal Summary

Status: Decision Rendered

Appeal ID: 24800

Submission Date: 4/9/21 11:55 AM

Hearing Date: 4/21/21

Case #: B-015

Appeal Type: Building

Project Type: commercial

Building/Business Name: Isaka Shamsud-din Apartments

Appeal Involves: Erection of a new structure

Proposed use: Affordable Multifamily Residential HOusing

Project Address: 5421 NE 14th Pl

Appellant Name: Hayley Purdy

LUR or Permit Application #: Other 20-195544-LU

Stories: 4 Occupancy: R-2, A-3 Construction Type: V-A

Fire Sprinklers: Yes - throughout

Plans Examiner/Inspector: Brett Hulstrom

Plan Submitted Option: pdf [File 1] [File 2] [File 3] [File 4] [File 5]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section	2019 OSSC 2902.1
Requires	Areas without permanent seating require 1 drinking fountain per floor.
Code Modification or Alternate Requested	Exemption of drinking fountain requirement in multi-family apartment building Community Room.
Proposed Design	The proposed design includes an A-3 use Community Room of 85 occupants. No drinking fountain is proposed for this room, but an accessible kitchen with a sink and refrigerator is included.
Reason for alternative	The proposed design includes a fully accessible kitchen sink & countertop as part of the Community Room. Drinking water will be available from the faucet; reusable bottle can be easily filled here & cups will be provided for use. Equivalent accommodation is provided in the proposed design.

Appeal item 2

Code Section	2019 OSSC 713.13.1
Requires	713.13.1 Waste and linen. A shaft enclosure containing a recycling, or waste or linen chute shall not be used for any other purpose and shall be enclosed in accordance with Section 713.4. A shaft enclosure shall be permitted to contain recycling and waste chutes. Openings into the shaft, from access rooms and discharge rooms, shall be protected in accordance with this section and Section 716. Openings into chutes shall not be located in corridors. Doors into chutes shall be self-closing. Discharge doors shall be self-or automatic-closing upon the actuation of a smoke detector in accordance with Section 716.2.6.6, except that heat-activated closing devices shall be permitted between the shaft and the discharge room. 713.13.3 Chute access rooms. Access openings for waste or linen chutes shall be located in rooms or compartments enclosed by not less than 1-hour fire barriers constructed in accordance with Section 707 or horizontal assemblies constructed in accordance with Section 711, or both. Openings into the access rooms shall be protected by opening protectives having a fire protection rating of not less than 3/4 hour. Doors shall be self- or automatic-closing upon the detection of smoke in accordance with Section 716.2.6.6. The room or compartment shall be configured to allow the access door to the room or compartment to close and latch with the access panel to the refuse or laundry chute in any position.
Code Modification or Alternate Requested	Provide a trash room compartment in lieu of a room to access the trash chute.
Proposed Design	The proposed design meets the requirements of Section 713.13.3, except the space in front of the chute is not a room. The revised drawings show a proposed design will provide: Two-hour fire-resistance-rated trash chute. Two-hour fire-resistance-rated compartment in front of the fire-rated chute, including a 90-minute fire-rated door. Automatic closer for the fire-rated compartment door, on a 15-second minimum and 30-second maximum delay. Door is operated with auto-operator that is actuated with a button outside of the compartment. Automatic sprinkler within the fire-rated compartment; sprinkler head to be placed in the compartment between the corridor door and the chute. See the revised Trash Chute Plan that denotes the compartment depth is sized to allow the corridor door to return to a closed latched position when the trash chute hopper is fully open. See Detail #8/A6.04 for more information. See the attached 2nd Floor Plan, A2.12 (which is the same plan for 3rd and 4th floor trash room layout) that show the overall floor plan configuration that documents the compartment depth is sized to allow the corridor door to return to a closed, latched position when the trash chute hopper is fully open.
Reason for alternative	The proposed design is requested due to space constraints within the building. The proposed design offers additional fire-resistance rated compartment between the corridor and the trash chute. This compartment goes beyond the 1-HR rated requirements for a room beyond the trash chute in Section 713.13.3. This 2-hr compartment separates the chute from the fire-rated corridor at Levels 2 through 4. The intent of the code is satisfied by providing a rated enclosure in addition to the rated shaft. The 48 inches of space within the compartment is provided to fit a sprinkler head. The delay on the automatic closer allows the door to stay open while the chute is being accessed without the user having to hold it open. This allows a disabled person time to deposit trash without having to at the same time hold the door open. This configuration is compliant with the 2009 A117.1, as room for a forward approach is provided. The proposed design of the 2-HR rated compartment and the 90 minute fire-rated door, provides equivalent protection by ensuring that separation is maintained between the corridor and the chute even if the trash chute door is stuck open and by providing the space necessary for a forward approach. By providing 2-hour fire-resistance-rated construction as described, the proposed design exceeds the code requirements, and we request that the proposed design be approved. A similar appeal has been previously approved. See the approved appeal 12114, 14137, & others. These appeals are similar Occupancy R-2 Apartment building; sprinklers per NFPA 13R throughout.

Appeal Decision

1. Omission of drinking fountain in community room: Granted as proposed.

2. Trash chute access compartment at corridor: Granted provided:
a.) The corridor door is a 45 minute rated self-closing door with 30 second time delay closer,
b.) A sprinkler head is installed in the compartment between the corridor door and the chute
c.) Sprinkler system is to be installed under separate permit from Fire Marshal's Office.
d.) The compartment depth is sized to allow the corridor door to latch when the trash chute hopper is fully open.
a.) The corridor door is a 45 minute rated self-closing door with 30 second time delay closer,
b.) A sprinkler head is installed in the compartment between the corridor door and the chute
c.) Sprinkler system is to be installed under separate permit from Fire Marshal's Office.
d.) The compartment depth is sized to allow the corridor door to latch when the trash chute hopper is fully open.
Appellant may contact John Butler (503 865-6427) or e-mail at John.Butler@portlandoregon.gov with quesions.

The Administrative Appeal Board finds with the conditions noted, 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 90 calendar days of the date this decision is published. For information on the appeals process, go to www.portlandoregon.gov/bds/appealsinfo, call (503) 823-7300 or come in to the Development Services Center.