Appeal 33562
Appeal Summary
Status: Decision Rendered - RECONSIDERATION OF 33535
Appeal ID: 33562
Submission Date: 10/30/24 7:43 PM
Hearing Date: 11/6/24
Case #: B-011
Appeal Type: Building
Project Type: commercial
Building/Business Name: Multnomah County Libraries: St. Johns Library
Appeal Involves: Erection of a new structure,Alteration of an existing structure,Reconsideration of appeal
Proposed use: Public Library
Project Address: 7510 N Charleston Ave
Appellant Name: Tanya Wuertz
LUR or Permit Application #: Permit 24-059660-CO/24-059664-MT and 24-061370-CO
Stories: 1 Occupancy: Group A-3, B, and S-1 Construction Type: V-B
Fire Sprinklers: Yes - NFPA 13 throughout
Plans Examiner/Inspector: Maureen McCafferty
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | OSSC Section 1029.3 |
|---|---|
| Requires | 1029.3 Construction and openings. Where an egress court serving a building or portion thereof is less than 10 feet in width, the egress court walls shall have not less than 1-hour fire-resistance-rated construction for a distance of 10 feet above the floor of the egress court. Openings within such walls shall be protected by opening protectives having a fire protection rating of not less than ¾ hour. |
| Code Modification or Alternate Requested | ORIGINAL TEXT: Agreement that the exterior ramp provided as an accessible means of egress adjacent to exterior steps along the exit discharge pathway serves no designated occupant load and therefore, is not required to meet the requirements of OSSC Section 1029.3 for an egress court condition. This alternate is being provided to address a plan check comment. RECONSIDERATION: In order to meet the requirements of OSSC Section 1029.3 for an egress court condition, it is requested that the book return openings be allowed with proposed design. This alternate is being provided to address a plan check comment. |
| Proposed Design | ORIGINAL TEXT: RECONSIDERATION: |
| Reason for alternative | ORIGINAL TEXT: Once outside the building, occupants continue (plan) south along the egress path that is less than 10 ft wide and bounded by a guardrail on the (plan) west, thus forming an egress court condition that requires occupants to traverse a single path. While this (plan) east exterior wall is prescriptively compliant with the requirements of §1029.3, as occupants continue to the steps, there is a ramp provided to the (plan) east. This ramp is not required to accommodate occupants in terms of egress capacity (the path down the stairs provides that and is more than adequate), but rather is only provided to meet the requirement for an accessible means of egress. The distance of travel adjacent to the non-rated exterior wall is 18 feet; past that, the ramp landing turns, allowing a path that is more than 10 feet from the same wall. In support of the concept that the wall be allowed non-rated with unprotected openings when serving no occupants, per OSSC Section 1029.3 Exception 1, a fire-resistance rating and opening protectives are not required for egress courts serving an occupant load of less than 10 occupants. In this case, the calculated occupant load served by the ramp is “0”. In other words, no occupants are designated as egressing down the ramp. Apart from the fact that this path is not designated to accommodate a calculated occupant load, it is assumed that some portion of occupants will require an accessible path in a fire event. According to the Census Bureau’s 2023 American Community Survey (ACS) estimate, approximately 7% of Americans report having a disability characterized with an ambulatory difficulty. Therefore, with fewer than 100 occupants, it is asserted that fewer than 10% of the population will require such accommodation, resulting in fewer than 10 actual occupants utilizing this egress court condition and thus, the intent of this code exception is met. Attachment: MCL STJ Egress Court Appeal Attachment A RECONSIDERATION: Once outside the building, occupants continue (plan) south along the egress path that is less than 10 ft wide and bounded by a guardrail on the (plan) west, thus forming an egress court condition that requires occupants to traverse a single path. A similar condition continues (plan) east along the ramp. The exterior wall in both locations is prescriptively compliant with the requirements of §1029.3, through the application of BOD 22-02. The only non-compliant condition occurs at the two book return openings located in the exterior wall adjacent to the top ramp landing. These openings are not fixed, glazed openings and therefore, not compliant with the BOD 22-02. Unlike an operable window, the book return equipment will have some physical separation from the interior space and, while non-rated, will never be entirely open. Therefore, it is proposed that these openings be protected with a single sprinkler head, as noted in the proposed design. This installation will provide additional protection of the interior space adjacent to the book return openings, thus mitigating the risk of heat and smoke transfer to occupants choosing to egress along the ramp. For these reasons, it is requested that these book return openings be allowed with the equivalent protection indicated in the proposed design. Attachment: MCL STJ Egress Court Appeal Attachment A_Reconsideration |
Appeal Decision
Fire sprinkler protection at non-fire-resistance rated book return openings in lieu of 45-min fire rated opening protectives: 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.