Appeal 27835

Appeal Summary

Status: Mixed Decision: Items 1-4, 6: Decision Rendered. Item 5: Hold for Additional Information.

Appeal ID: 27835

Submission Date: 6/16/22 8:43 AM

Hearing Date: 6/22/22

Case #: B-010

Appeal Type: Building

Project Type: commercial

Building/Business Name: Fairfield Apartments

Appeal Involves: Alteration of an existing structure

Proposed use: Apartment Building w/Ground Floor Mixed Use

Project Address: 1117 SW Harvey Milk St

Appellant Name: Halla Hoffer

LUR or Permit Application #: Other 22-103444-PJ

Stories: 4 Occupancy: R-2 Construction Type: III-B

Fire Sprinklers: Yes - Fully Sprinklered

Plans Examiner/Inspector: Guy Altman

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

2019 OSCC 705.8 Openings

Requires

705.8 Openings limits openings to a maximum of 10% for unprotected openings and 25% for protected opening of the exterior walls when the fire separation distance is 5-10ft.

Code Modification or Alternate Requested

This appeal seeks approval for replacement of existing windows located in light wells within 5-10ft with unprotected windows.

Proposed Design

Fairfield apartments is a 4 story (plus a partial basement), unreinforced masonry apartment building in Portland, Oregon serving low-income residents. The proposed scope of work is to seismically upgrade the building (and ancillary work), provide a new rated egress stair, a new elevator, a community room, and office space for Resident Services/Property Management. Scope of work will reduce existing 82 units to 75 units.

The existing windows will be replaced as part of the renovation with vinyl single hung and hopper windows. The building consists of three (3) light wells, two (2) of these are located between 5-10 feet from the property line on the west and north side of the building. There will be no new window openings added, and the overall percentage of openings will be reduced due to the structural scope and new exit stair. The north lightwell facade has 24% openings within 7 feet of the property and the west lightwell facade has 28% openings 6 feet from the property. Each neighboring property is built against the property line with 0% openings.

See G006 for percentages of openings on facades and separation distances. See exterior elevations A202, A203.

Reason for alternative

The replacement of existing windows is an essential part of the required maintenance for the building. The existing windows are beginning to corrode, are not energy efficient, and are difficult to operate. Each window provides natural ventilation and daylight for the units and it is infeasible to reduce the number of openings without removing the units along the lightwells. The building will be updated to be fully sprinklered in accordance with NFPA 13 to improve the fire safety of the building. Replacement of the windows will be an improvement to the exterior envelope of the building and will not create a worse condition than is currently existing.

Appeal item 2

Code Section

2019 OSSC 1009.7.4 Dimensional Uniformity

Requires

Stair treads and risers shall be of uniform size and shape. The tolerance between the largest and smallest riser height or between the largest and smallest tread depth shall not exceed 3/8 inch (9.5 mm) in any flight of stairs. The greatest winder tread depth at the walkline within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm).

Code Modification or Alternate Requested

Seeks to provide a non-uniform riser at the base of an existing stair.

Proposed Design

Fairfield apartments is a 4 story (plus a partial basement), unreinforced masonry apartment building in Portland, Oregon serving low-income residents. The proposed scope of work is to seismically upgrade the building (and ancillary work), provide a new rated egress stair, a new elevator, a community room, and office space for Resident Services/Property Management. Scope of work will reduce existing 82 units to 75 units.

The existing historic stairs adjacent to the lobby will be remaining in place, however an additional riser will need to be added at the bottom due to reconfiguration of the ground floor ramps to ensure accessibility across the ground floor. The existing riser height is 7”, and the new bottom riser will be 5 ½”. The nosings or leading edges of treads at such nonuniform height risers shall have a distinctive marking stripe, different from any other nosing marking provided on the stair flight. The distinctive marking stripe shall be visible in descent of the stair and shall have a slip-resistant surface. Marking stripes shall have a width of not less than 1 inch but not more than 2 inches. See sheet A111 for stair location/configuration.

Reason for alternative

The ground floor has several level changes due to a sloped site. In order to make the the ground floor accessible, ramps have been added in the corridors. Space for these ramps is limited due to existing conditions, the need for two accessible exits from the community room, and required clearances at doors. The corridor has an existing ramp located on the north side of the stair, which doesn’t meet the 1:12 slope. In order to have room for a code compliant ramp, the existing landing at the stairs base needs to be removed to facilitate ramps that meet code. This creates a lower riser that does not have uniform height to the existing risers.

Section 1011.5.4.1 Nonuniform Height Risers allows for a non-uniform tread where the bottom or top riser adjoins a sloping public way, walkway or driveway having an established grade and serving as a landing, the bottom or top riser is permitted to be reduced along the slope to less than 4 inches in height, with the variation in height of the bottom or top riser not to exceed one unit vertical in 12 units horizontal (8-percent slope) of stair width. In these situations, a marking strip is required on the lowest tread.

Section 1011.5.4.1 is a similar situation to the above condition. It is infeasible to create a higher riser due to the existing stairs and elevation of the existing structure. The height difference will only be for the lowest riser of the stair and the tread will be visibly marked to call attention to the height difference. The proposed condition will not be less compliant than stairs meeting Section 1011.5.4.1. Use of this stair is anticipated to be lessened with the upgrade to a new elevator for access to all floors.

Appeal item 3

Code Section

2019 OSSC 1010.1.5 Floor Elevation

Requires

There shall be a floor or landing on each side of a door. Such floor or landing shall be at the same elevation on each side of the door. Landings shall be level except for exterior landings, which are permitted to have a slope not to exceed 0.25 unit vertical in 12 units horizontal (2-percent slope).

Code Modification or Alternate Requested

This appeal seeks approval for storefront entry doors to open over a 1:12 ramp in lieu of a landing.

Proposed Design

The exiting building sits on a sloped site, with a grade change of 2-feet from the SW to NE corner of the building. The existing building’s floor elevations require ramps from the sidewalk and the storefront entrance doors. All existing entry doors open over these ramps. Some of the existing entry doors and ramps have a slope greater than the minimum egress ramp slope of 1:12. In order to bring the building into closer compliance to current codes, the entry doors have been relocated along the façade to locations where the 1:12 slope can be met where doors provide egress. However, due to the building’s location on the property line, there cannot be a landing located on both sides of the entry doors. The exterior surface is sloped at a maximum of 1:12 along all egress paths. See sheet A111 for ramp/door locations and configuration.

Reason for alternative

This meets the intent of the code section 1003.5 Elevation Change: Where changes in elevation of less than 12 inches (305 mm) exist in the means of egress, sloped surfaces shall be used. The proposed scope improves the existing condition by making these spaces more compliant to current codes than previously. The ramps are all below 6” in overall height. The width of the sidewalk in these locations is 12ft, which is a significant distance from the end of the ramp to the road. The doors C100, C103-1, C104-1, C105-1 are the primary building entries, and will have an ADA push button to assist those in mobility devices to open the door, which provides access without needing a landing. Doors 100-1 and C102-2 are exits only. Landings on the interior of the building will meet code requirements.

Appeal item 4

Code Section

2019 OSSC 1014.6 Handrail Extensions

Requires

Handrails shall return to a wall, guard, or the walking surface or shall be continuous to the handrail of an adjacent flight of stairs or ramp run. Where handrails are not continuous between flights, the handrails shall extend horizontally not less than 12 inches (305 mm) beyond the top riser and continue to slope for the depth of one tread beyond the bottom riser. At ramps where handrails are not continuous between runs, the handrails shall extend horizontally above the landing 12 inches (305 mm) minimum beyond the top and bottom of ramp runs. The extensions of handrails shall be in the same direction of the flights of stairs at stairways and the ramp runs at ramps.

Code Modification or Alternate Requested

This appeal seeks approval for an alternate bottom handrail extension due to space constraints of the building.

Proposed Design

The proposed new egress stair is located in an existing building and is constrained to the west and east by an existing lightwell. In order to meet the spatial requirements for the stair run, landings, and corridor, the handrail extension on the south side of the stair will need to wrap the corner of the wall on floors 1-4.

In lieu of extending the handrail in the same direction as the flight of stairs, the proposed design continues the south handrail the required distance but at a 90-degree angle to the direction of travel. The handrail will continue to slope for the depth of one tread beyond the bottom stair and return to the adjacent wall. See sheets A111-A113 for handrail location/configuration.

Reason for alternative

The proposed design maintains the length and slope of the required extension. Only the directional requirements are not met. If the stairway continued to a lower flight of stairs the 90-degree bend in the handrail direction would be acceptable as it would connect to another flight of stairs. The handrail in the proposed design continues in the same direction as the egress path and provides better access from the stairway to the door. The handrail on the north side of the stair will meet the extension requirements of Section 1014.6.

Reference Appeal ID: 26175

Appeal item 5

Code Section

2019 OSSC 1010.1.1 Size of Doors

Requires

The required capacity of each door opening shall be sufficient for the occupant load thereof and shall provide a minimum clear opening width of 32 inches (813 mm). The clear opening width of doorways with swinging doors shall be measured between the face of the door and the stop, with the door open 90 degrees (1.57 rad). Where this section requires a minimum clear opening width of 32 inches (813 mm) and a door opening includes two door leaves without a mullion, one leaf shall provide a minimum clear opening width of 32 inches (813 mm). In Group I-2, doors serving as means of egress doors where used for the movement of beds shall provide a minimum clear opening width of 411/2 inches (1054 mm). The maximum width of a swinging door leaf shall be 48 inches (1219 mm) nominal. The minimum clear opening height of doors shall be not less than 80 inches (2032 mm).

Exception:

  1. Door openings within a dwelling unit or sleeping unit shall have a minimum clear opening height of 78 inches (1981 mm).
  2. In dwelling and sleeping units that are not required to be Accessible, Type A or Type B units, exterior door openings other than the required exit door shall have a minimum clear opening height of 76 inches (1930 mm).
Code Modification or Alternate Requested

This appeal seeks approval for reduced door height to 78-inches for all existing door openings where the new structural diaphragm and floor finishes are being installed for seismic upgrade.

Proposed Design

Fairfield apartments is a 4 story (plus a partial basement), unreinforced masonry apartment building in Portland, Oregon serving low-income residents. The proposed scope of work is to seismically upgrade the building (and ancillary work), provide a new rated egress stair, a new elevator, a community room, and office space for Resident Services/Property Management. Scope of work will reduce existing 82 units to 75 units.

On levels 2-4 where existing openings are being retained in their existing location, we are proposing to provide new door panels within the existing frames. To provide a structural upgrade to the building, a horizontal diaphragm is required. This will require approximately 1.5-inches of structure to be added to the existing floors, which will reduce the height of the existing door frames to 78-inches in height.

The entire building will be updated to be fully sprinklered in accordance with the NRPA 13 for additional fire protection. The renovation will also include a new egress stair that will increase the life and safety of the building. See sheets A111-A113 for door locations.

Reason for alternative

The shortened height the existing doors is a direct result of required structural work. The openings remaining in-place are limited to Unit Entries at non-accessible SRO and SRO+ Units on Levels 2-4. The required width will be maintained for egress, therefore this does not reduce the egress capacity from the units. The Unit’s proposed to retain their doors are all intended for single occupancy. The unit occupants will be familiar with their entry doors and the reduced height. All new and revised openings, including all egress doors other than those from the specific units identified, will meet the minimum height requirements.

Appeal item 6

Code Section

2019 OSSC 713.13.1/3

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.

Two-hour fire-resistance-rated trash chute.

One-hour fire-resistance-rated compartment in front of the fire-rated chute, including a 45-minute fire-rated door.

Automatic closer for the 45 minute fire-rated compartment door, on a self-closing 30-second delay.

Automatic sprinkler within the fire-rated compartment; sprinkler head to be placed in the compartment between the corridor door and the chute. 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 sheets A111-113 for closet location. Reference sheet A550 for trash closet configuration.

Reason for alternative

The proposed design replaces the space in front of the refuse chute with a shallow closet. The enclosure is fire-rated with 1-hour construction and a 45 minute door equipped with automatic closer on 30 second delay. The access closet is proposed to be fully sprinklered.

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 provides 1-HR rated requirements for a room beyond the trash chute in Section 713.13.3.

The intent of the code is satisfied by providing a rated enclosure in addition to the rated shaft. The enclosed 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 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.

Appeal references previously approved by COP: 13780, 12311, 23747.

Appeal Decision

1. Bottom handrail extension to wrap 90 degrees at levels one through four: Granted as proposed.

2. Reduction in the minimum required clear opening height of door openings from 80 inches to 78 inches at existing door openings: Granted as proposed.

3. Replacement of existing unprotected windows located in North and West light wells with 5-10 feet of fire separation distance: Granted as proposed.

4. 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.

5. Riser height at bottom of existing stairway reduced from 7 inches to 5.5 inches: Hold for additional information.

See note below regarding the process for submitting additional information.

6. Exterior discharge of egress doors to open over a 1 :12 ramp in lieu of a landing: Granted provided directional signage is posted at door 100-1 and provided an automatic door opener is installed at door C102-2 to be activated by
push button, card key or similar means.

Appellant may contact John Butler (503 865-6427) or e-mail at John.Butler@portlandoregon.gov with questions.

For Items 1-4, 6: 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.

For Item 5: Additional information is submitted as a no fee reconsideration, following the same submittal process and using the same appeals form as the original appeal. Indicate at the beginning of the appeal form that you are filing a reconsideration and include the original assigned Appeal ID number. The reconsideration will receive a new appeal number.
Include the original attachments and appeal language. Provide new text with only that information that is specific to the reconsideration in a separate paragraph(s) clearly identified as "Reconsideration Text" with any new attachments also referenced. Once submitted, the appeal cannot be revised.
No additional fee is required.