Appeal 33494
Appeal Summary
Status: Decision Rendered on RECONSIDERATION 32283 FROM 5/8/24
Appeal ID: 33494
Submission Date: 9/25/24 2:53 PM
Hearing Date: 10/2/24
Case #: B-003
Appeal Type: Building
Project Type: commercial
Building/Business Name:
Appeal Involves: Reconsideration of appeal
Proposed use: Multi-family (R-2)
Project Address: 830 NE 25th Ave
Appellant Name: Don Sowieja
LUR or Permit Application #: Permit 24-039925 -CO
Stories: Occupancy: R-2 Construction Type: I-A / III-A
Fire Sprinklers: Yes - Fully Sprinklered
Plans Examiner/Inspector: Brian McCall
Plan Submitted Option: pdf [File 1] [File 2] [File 3] [File 4] [File 5] [File 6] [File 7]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 2022 OSSC Definition of High-Rise Building; 2022 OSSC 503.1.4 - Occupied roofs |
|---|---|
| Requires | HIGH-RISE BUILDING 503.1.4 Occupied roofs. Exceptions:
|
| Code Modification or Alternate Requested | Allow an occupied roof on an 8-story multi-family mid-rise building where all occupied floors are located lower than 75 feet above the lowest level of fire department vehicle access without triggering high-rise requirements. |
| Proposed Design | The Pepsi B apartment building located at the corner of Oregon St and NE 25th Ave in Portland has 5 stories of Type IIIA construction over 3 stories of Type IA construction and will be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 (NFPA 13). All occupied floors will be located lower than 75 feet above the lowest level of fire department vehicle access, therefore will not constitute a high-rise building. The occupied roof will be located above that height, but lower than 85 feet above the average grade plane. Per Section 503.1.4, the proposed occupied roof is not included in the building height or number of stories as regulated by Section 504 since the penthouse and other enclosed rooftop structure designs comply with Section 1511 of OSSC. The area of an occupied roof is also exempt from being part of the area of the building. The building will be provided with a fire pump room, an emergency generator for standby and emergency power, a smoke detection system, a fire alarm system, a standpipe system, and an emergency responder radio coverage (ERRC) system. Furthermore, the occupied roof area will: Attached ICC Staff Opinion (Exhibit A) received on March 23, 2023 regarding Ankrom Moisan’s inquiry on the determination of a high-rise building with respect to an occupied roof confirms our interpretation of the 2021 IBC / 2022 OSSC requirements. See Exhibit B for the Fire and Life Safety Roof Plan. See Exhibit C for building section with height measurements (4/G2.30), and location of lowest level of fire department vehicle access (23/G2.30). |
| Reason for alternative | “Floor” or “occupied floor” are not specifically defined in the Building Code. However, “floor” and “roof” are clearly differentiated throughout the Building Code, so one can conclude that a “roof” is not a “floor” and vice versa, therefore an “occupied roof” is different and separate than an “occupied floor”. We understand that the published 2024 IBC, which has not yet been adopted but will be the basis for the future 2025 OSSC, is changing the definition of high-rise building. It is our opinion that this new definition should not impose stricter requirements to the current project since being permitted under the 2022 OSSC, as we believe the intent behind the definition of a high-rise building, and what constitutes an “occupied floor”, is clearly outlined in the attached ICC Staff Opinion for the currently adopted building code. RECONSIDERATION TEXT “Floor” or “occupied floor” are not specifically defined in the Building Code. However, “floor” and “roof” are clearly differentiated throughout the Building Code, that a “roof” is not a “floor” and vice versa, therefore an “occupied roof” is different and separate than an “occupied floor”. Specifically, Section 503.1.4 Occupied roofs uses floors and roofs and story as separate and distinct terms to describe separate and distinct elements. In addition to the language of the building code, the 2021 IBC Code and Commentary provided by the General Code Development Committee, which is noteworthy for having not being provided by either the IBC – Fire Safety Code Development Committee or the International Fire Code Development Committee, for the definition of a High rise building specifically refers to floors and stories, not mentioning roofs, indicating that the terms are used with intention in each application, and not interchangeably. Occupied Floors have 6 sided enclosure and fire exposure via the floor, ceiling and four walls. Roofs, even if occupied as provided for in the code have one side fire exposure and no enclosure. Floors have smoke containment as a result of their enclosure condition, roofs have no smoke containment. The code and commentary do not describe the occupancy of a roof as being the same as the occupancy of a floor as it relates to high-rise criteria. Additionally, in the 2021 Code and Commentary, the Story definition uses floors and roofs as separate and distinct terms to describe separate and distinct elements. Further, the 2021 Code and Commentary for Section 503.1.4 Occupied roofs, makes the specific point of stating that an uncovered roof deck is “clearly” not a story, and therefore not a floor, so high rise criteria cannot be found to apply. We understand that the published 2024 IBC, which has not yet been adopted but will be the basis for the future 2025 OSSC, is changing the definition of high-rise building. It is our opinion that this new definition should not impose stricter requirements to the current project since being permitted under the 2022 OSSC, as we believe the intent behind the definition of a high-rise building, and what constitutes an “occupied floor”, is clearly outlined in the attached ICC Staff Opinion for the currently adopted building code. The proposed and accepted for incorporation G15-21 additional language is a change, not a clarification. The addition of “or occupied roof” fundamentally changes the intention, application, and requirements of Section 202. This addition of new language previously not included, which fundamentally changes the application of the section inherently, indicates that the existing language did not apply to roofs. Fundamentally a change, the revision adds built elements, construction cost, and facility management costs that are not currently required, but for the enforcement of local jurisdictional requirements that exceed the scope and applicability of the code as written. |
Appeal Decision
"Allow occupied roof located more than 87' above the lowest level of fire department access without triggering high-rise requirements: Denied. The proposal does not provide equivalent fire and life safety.
Appellant may contact Jody Orrison (jody.orrison@portlandoregon.gov) with questions."
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