Appeal 33481
Appeal Summary
Status: Decision Rendered
Appeal ID: 33481
Submission Date: 9/17/24 4:36 PM
Hearing Date: 9/25/24
Case #: B-007
Appeal Type: Building
Project Type: commercial
Building/Business Name:
Appeal Involves: other: Allow existing condition to remain
Proposed use: Daycare
Project Address: 7733 SE 13th Avenue
Appellant Name: Meaghan Bullard
LUR or Permit Application #: Permit 10-203834-CO
Stories: 2 Occupancy: B, E, F-1 Construction Type: VB
Fire Sprinklers: No
Plans Examiner/Inspector: Keith Hill
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 1028.2 Exit discharge, 1004.7 Outdoor areas |
|---|---|
| Requires | 1028.2 Exit discharge Exits shall discharge directly to the exterior of the building. The exit discharge shall be at grade or shall provide a direct path of egress travel to grade. The exit discharge shall not reenter the building. |
| Code Modification or Alternate Requested | This appeal request is to allow the exiting configuration of the existing accessory Open Yard (please see attached exhibit A for reference) to remain, whereby the egress path from the Open Yard exits through the interior of the associated building. Currently occupants of the Open Yard exit through one of two egress paths illustrated in the attached Exhibit A. The occupant load (less than 49 occupants) only requires one exit which is provided through the adjacent office space. |
| Proposed Design | Proposed design is for the existing condition to remain with the addition of clearly marked exit signage as shown on the attached Exhibit A, and requirement that the door to the office from the courtyard remain unlocked during business hours. This existing condition is addressed in, and meets the requirements of, OSSC section 1004.7 Outdoor areas: Yards, patios, occupied roofs courts and similar outdoor areas accessible to and usable by the building occupants shall be provided with means of egress as required by this chapter. The occupant load of such outdoor areas shall be assigned by the fire code official in accordance with the anticipated use. Where outdoor areas are to be used by persons in addition to the occupants of the building, and the path of egress travel from the outdoor areas passes through the building, means of egress requirements for the building shall be based on the sum of the occupant loads of the building plus the outdoor areas. |
| Reason for alternative | The condition was flagged by a recent inspection by Fire Inspector, Keith Hill who raised a question about the requirement of a second exit. This concern has since been cleared, however the City raised a second question about exiting the outdoor yard through the building. The owner consulted Commercial Plans Examiner, Chanel Horn, who advised that they proceed with a code appeal to confirm the existing condition shall remain. The intent if the appeal is also to confirm that the outdoor area only requires one exit based on the intended use based on the occupant load of 1 occupant per 50 sf net that was provided, allowable per OSSC section 1004.7 Outdoor areas. |
Appeal Decision
Allow egress from the Open Yard to reenter the building, and confirm that one exit from the Open Yard is acceptable: 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.