Appeal 33475

1028.4

Requires: 1028.4. Exit discharge components shall be sufficiently open to the exterior so as to minimize the accumulation of smoke and toxic gases.

We are appealing for a code modification to allow the exit passageway to egress onto the exterior terrace at the NW corner of the building

The proposed design discharges the exit passageway onto a fully sprinklered exterior terrace in the Northwest portion of the structure (Level 2 plan, attachment 1). The terrace serves as one of two main entrances to the apartment complex. The Northwest terrace ceiling is 16’- 7” and at the same height as the 3rd level’s floor structure (Building section 1, attachment 2). This creates an area totaling 10,029 cubic feet with 57% of vertical open area. With full exposure along the West and North perimeters of the terrace, the area is more open than enclosed. This design provides substantial openness for smoke and gases to escape.

The exit passageway exits directly to an exterior terrace and onto an area more open than enclosed. This area serves as one of two main entrances and is designed to promote movement throughout the space. A staircase and ramp serve as connections to the right of way and are located at the North and West edges of the terrace respectably, helping promote exiting in multiple directions. The area is sprinkled and 16’- 7” in height providing adequate area for any smoke to disperse and allow for safe passage from the exit passageway to the public right of way.

2902.1

Requires: 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. Occupancy classification and use of space shall be determined in accordance with Chapter 3.

We are proposing a code modification regarding the required minimum plumbing fixture count based on each occupancy or use of space.

A Fitness Center, adjacent roof terrace, a playground, and a small viewing area will be provided above the top floor as gathering places for tenants and their guests. The anticipated occupant load will be approximately 126 occupants. Attachment 3 shows the plan for the roof areas.
No bathrooms will be provided on the roof level. Plumbing facilities throughout the building will be provided at a minimum of 1 water closet, lavatory, and bathtub/shower per dwelling unit. In addition, 1 bottle fill station is located in the fitness center (Attachment 3) and 2 unisex bathrooms will be provided on the ground floor (Attachment 4).

The building will be located in North Portland. Access to the building will be through key FOBs provided to tenants. Use of the roof deck will be limited to tenants and guests only, with no general public access. Therefore, each user of the roof deck will have access to a private bathroom. Since there will be no general public access, public plumbing facilities should not be required for users of the roof deck. The ICC has reached the same conclusion.
In an email to an architect dated February 9, 2016, Michael W. Giachetti, P.E. and Senior Staff Engineer for ICC, provided the following written opinion on new apartment construction as it pertains to the 2012 IBC:
“Apartments are required to have at least one water closet, lavatory and bathtub/shower per dwelling unit. In your condition, it is assumed that the residents of the apartments will wait to use the toilet facilities in their own apartment. Therefore, residential areas such as the entrance lobby, the vestibules that provide stair and elevator access, the mail room, the trash room, the tenant storage rooms, etc., would not be considered separate occupancies which would require public plumbing facilities. Similarly, if the rooftop terrace is only to be used by the occupants of the apartment building and their potential guests, this area would not require public plumbing facilities. If areas are provided for use other than for the apartment residents and their guests, then public plumbing facilities would be necessary.”
The bathroom facilities on the 1st floor will ensure that all roof deck users will have access to a bathroom without visiting a dwelling unit. Therefore, we request that you approve this appeal