Appeal 33476

Appeal Summary

Status: Decision Rendered

Appeal ID: 33476

Submission Date: 9/12/24 4:37 PM

Hearing Date: 9/25/24

Case #: B-003

Appeal Type: Building

Project Type: commercial

Building/Business Name: Albina One

Appeal Involves: Erection of a new structure

Proposed use: Apartments

Project Address: 1771 N Flint Ave

Appellant Name: Jeff Stern

LUR or Permit Application #: Permit 22-191430-CO

Stories: 7 Occupancy: R2 / B Construction Type: Type IIIA / Type IA

Fire Sprinklers: Yes -

Plans Examiner/Inspector: Anne Schmidt

Plan Submitted Option: pdf   [File 1]

Payment Option: mail

Appeal Information Sheet

Appeal item 1

Code Section

2019 OSSC Section 1010.1.10 Panic and fire exit hardware

Requires

Swinging doors serving spaces with an occupant load of 50 or more in a Group A occupancy shall not be provided with a latch or lock other than panic hardware or fire exit hardware. The Playground + Patio (located in the North Courtyard) has a permitted occupancy of 91 per 1/G102.

Code Modification or Alternate Requested

This appeal is to allow the two exit doors from the Playground + Patio back into the building to have an approved locking device complying with the requirements of 2022 OSSC Section 1010.2.4.8 as outlined below in the Proposed Design.

Proposed Design

Per 2022 OSSC Section 1010.2.4.8:

  1. Exit access doors shall be permitted to be equipped with an approved locking device where installed and operated in accordance with all of the following:

8.1 Signage stating the maximum occupant load of 91 shall be permanently affixed on the interior side adjacent to each locked required exit access door serving the exterior area.
8.2 A weatherproof two-way communication system installed in accordance with Sections 1009.8.1 and 1009.8.2 shall be located adjacent to one required exit access door on the exterior side.
8.3 The egress door locking device is readily distinguishable as locked and shall be a key operated locking device.
8.4 The doors are fully glazed with clear glass to determine if there are occupants using the outdoor area.
8.5 A readily visible, durable sign shall be posted on the interior side adjacent to each locked required exit access door serving the exterior area stating, “THIS DOOR TO REMAIN UNLOCKED WHEN THE OUTDOOR AREA IS OCCUPIED.” The letters on the sign shall be not less than 1 inch high on a contrasting background.

Reason for alternative

The Playground + Patio at the North Courtyard is intended for use by building occupants only and has both means of egress back into the interior of the building leading out to the main entrances and the public way. The requirement in the 2019 OSSC to have panic or fire exit hardware presents a significant security risk by potentially allowing uncontrolled free access into the building.

The currently adopted 2022 edition of the OSSC provides a compliant pathway to address both security and egress requirements. Our proposed design fully complies with Section 1010.2.4.8 of the 2022 OSSC.

Appeal Decision

Allow compliance with the 2022 OSSC section 1010.2.4.8 in lieu of 2019 OSSC section 1010.1.10 for panic and fire exit hardware for the Playground + Patio located in the North Courtyard: 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.