Appeal 33403
Appeal Summary
Status: DECISION RENDERED
Appeal ID: 33403
Submission Date: 7/25/24 8:24 AM
Hearing Date: 7/31/24
Case #: B-003
Appeal Type: Building
Project Type: commercial
Building/Business Name: Jackson House SRTF
Appeal Involves: Erection of a new structure
Proposed use: Secure Residential Treatment Facility
Project Address: 4875 NE MLK Blvd
Appellant Name: Gabe Dominek
LUR or Permit Application #: Permit 24-034217-CO
Stories: 2 Occupancy: R-4, Condition 2 & B Construction Type: V-B
Fire Sprinklers: Yes - NFPA 13 throughout
Plans Examiner/Inspector: Maureen McCafferty
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 2022 OSSC 1031.2 Emergency Escape and Rescue > Where Required |
|---|---|
| Requires | Emergency escape and rescue openings shall be provided in the following occupancies: Group R-3 and R-4 occupancies. |
| Code Modification or Alternate Requested | Appeal to omit emergency escape and rescue openings as required for R-4, Condition 2 sleeping rooms. Equivalent life safety measures will be met per below. |
| Proposed Design | The use of the building is a secure residential treatment facility (SRTF). This is best classified as Institutional Group I-1, Condition 2 per OSSC 308.2.2. Because this facility will contain 16 persons, the provisions of OSSC 308.2.3 are met and the SRTF is subsequently classified as an R-4, Condition 2 occupancy. Per IBC Commentary, IBC 308.2.3 R-4 classification path exists to create a more residential environment. As a result, life safety requirements differ from those of the more commercial environments per the below. Group R-4, Condition 2 requires minimum NFPA 13R Sprinklers (OSSC 903.2.8.3), access to 1 exit per story (OSSC 1006.3.4) and emergency escape and rescue openings (OSSC 1031.2). Group I-1, Condition 2 requires full NFPA 13 Sprinklers (OSSC 903.2.6), access to 2 exits per story (OSSC 1006.3.3), and no requirement for emergency escape and rescue openings. Because we are providing full NFPA 13 Sprinklers and access to 2 exits per story, our design meets the requirements of Group I-1, Condition 2. Additionally, fire partitions separating dwelling units from other dwelling units or corridors are reduced to ½-hour rated with full NFPA 13 sprinklers per OSSC 708.3. We will be providing full 1-hour rated fire partitions. We believe this approach is equivalent to or exceeds the life safety requirements of Group R-4, Condition 2. We are proposing to keep the operable windows as shown in the design drawings but limit the window opening to 4” maximum with a non-permanent locking device to provide access to fresh air. This will ensure building flexibility down the road if a future use does not require these security measures and can allow fully operable windows. |
| Reason for alternative | The use of the building is a secure residential treatment facility (SRTF). The residents in this facility are unstable and prone to self-harm. The building contains anti-ligature hardware and fixtures among other safety measures to help mitigate the likelihood of self-harm occurring. With this population, there is potential for residents attempting self-harming or eloping through operable second story windows. Due to the concerns mentioned, it is necessary to limit the opening to ensure the safety of the residents. |
Appeal Decision
Omission of emergency escape and rescue openings: Granted as proposed.
"The Administrative Appeal Board finds 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) 823-6251 or come to the Development Services Center."