Appeal 33441

Appeal Summary

Status: Decision Rendered

Appeal ID: 33441

Submission Date: 8/28/24 2:58 PM

Hearing Date: 9/4/24

Case #: B-002

Appeal Type: Building

Project Type: commercial

Building/Business Name: French International School of Oregon

Appeal Involves: Erection of a new structure

Proposed use: E-Occupancy, preschool/ school

Project Address: 8500 NW Johnson St

Appellant Name: Peter Dixon

LUR or Permit Application #: Permit 24-035913-CO

Stories: 2 Occupancy: E Construction Type: V-B (new), V-N (existing)

Fire Sprinklers: Yes - New - Fully Sprinklered

Plans Examiner/Inspector: John Cooley

Plan Submitted Option: pdf   [File 1]   [File 2]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

OSSC 2022 Table 705.2 & 705.5.

Requires

Exterior walls less than 10 feet from the assumed property line shall be one-hour fire resistive rated. Walls greater than 10 feet from the property line can be non-rated (Table 705.5). Projections from exterior walls 5 feet or greater from the property line, shall have a minimum distance of 40 inches from the property line (Table 705.2).

Code Modification or Alternate Requested

Due to existing conditions and the large overhangs, allow 1-hr fire-rating of the new wall greater than 10 feet from assumed property line, rather than fire-rating the existing wall less than 10 feet from assumed property line.

Proposed Design

See attached code plan (1/G-105) and elevation (3/G-104). Locate the assumed property line 5’-0” from the existing satellite 4 building wall. This is 3'-5" inches from the overhang on the new building. Satellite 4 has an approx. 12” overhang on this end. Install 5/8” type x gypsum sheathing on the exterior of the existing wall of the satellite 4 building. Construct the east exterior wall of the new building, as 1-hr fire-rated construction. Two door openings in the new exterior wall will be fire-rated to 45 minutes, per table 716.1(2).

Reason for alternative

The proposed new building (type V-B) has a large overhang (7’-0”) and is fully-sprinklered. Per 705.2.3, the overhang projection is both: made of heavy timber construction complying with Section 2304.11, and has sprinkler coverage per 705.2.3.1. Constructing the new east exterior wall of the new building as 1-hr fire-rated construction, will provide additional protection.
The proximity of these buildings is a temporary condition. The existing satellite 4 building is planned to be removed in a later project phase in 1 -2 years.

Appeal item 2

Code Section

1009.1 Accessible Means of Egress

Requires

Where more than one means of egress is required by Section 1006.2 or 1006.3 from any accessible space, each accessible portion of the space shall be served by not less than two accessible means of egress.

Code Modification or Alternate Requested

Allow one accessible means of egress where a single means of egress is permitted, where rooms exit directly to the exterior.

Proposed Design

See attached code plan (1/G-105). On the upper level, all classrooms have an exterior exit door, facing a mostly enclosed courtyard/ play area at grade. The walkways are mostly covered and have sprinkler coverage, but the central play area is not covered. There are no interior exit corridors. Sectors F and H are provided with two accessible means of egress. One egress path is an accessible route at grade to the right-of-way. The other path uses an exterior exit stairway (per OSSC 1027), with an exterior area for assisted rescue (per OSSC 1009.7). At Sector I, one (1) accessible exit is provided. Two (2) total accessible exits are provided from the courtyard. One to the north, and another via the west stair.

Reason for alternative

Per 1006.3.4 (2), a single exit is permitted from any story where:
"Rooms, areas and spaces complying with 1006.2.1, with exits that discharge directly to the exterior at the level of exit discharge...."
Per 1006.3.4, on the upper level of this building, each sector requires one (1) exit. At least one (1) accessible means of egress is provided from all spaces. Two (2) accessible means of egress are provided from the central courtyard/ play area.

Appeal Decision

ITEM 1. Rating of exterior wall and combustible eaves less than 5’ from imaginary property line: Granted provided opening percentage on the existing building meets code limitations for the 5' fire separation distance.
ITEM 2. Arrangement of accessible means of egress: Hold for more information.

"For the item granted, 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."