Appeal 33573

705.8

Openings within the fire separation distance of 0-3 feet are not permitted.

The project is proposing a 1 bedroom apartment in the basement with access/egress through the existing 8" concrete foundation basement wall that supports the existing bay windows above. This bay portion of the building is projecting from approximately 6'-0" to within 2.2' from the property line.

We respectfully request that the jurisdiction approve openings in the 8-inch concrete foundation wall, located within 3 feet of the property line, to enable access and egress to the basement apartment. Our proposal includes:

Installing openings within a 1-hour fire-rated wall (existing concrete structure).
Equipping all doors and windows in the bay projection with a sprinkler system to enhance fire protection.

Proposed Alternate Design and Code Justification
Our alternate design aims to:
Enable basement apartment access/egress without compromising existing floor area.

Protect all openings in the bay projection with a sprinkler system, in combination with a 1-hour fire-rated ceiling and wall assembly as required by Table 705.5.

Code Reference and Contextual Consideration
The International Building Code (IBC) provides an exception for bay and oriel windows (705.2.4) to project into the setback without fire-rated walls when the occupancy group is R3 and the construction type is VB. We believe our project aligns with the intent of this exception for the following reasons:

Below-Grade Location and Additional Fire Protection: The proposed basement apartment openings are situated below grade and are flanked by an 6-foot concrete wall directly on the property line. This existing wall effectively serves as a fire barrier, shielding both our building and the neighboring structures.

Distance from Adjacent Building: The nearest structure, a recently constructed apartment building, is approximately 21 feet from the project site. This significant distance, combined with the height of the concrete wall, provides a secondary layer of fire defense.

Enhancement with Sprinkler System: We propose the additional safety measure of a sprinkler system for all openings, providing immediate suppression capability and meeting fire safety objectives by reducing the likelihood of fire spread through these openings.

Conclusion
Our proposed alternative addresses the fire separation concerns by adding a sprinkler system and utilizing fire-rated construction in areas of reduced setback. We believe this approach offers robust fire protection, aligns with code provisions, and preserves functional space within the property.

We respectfully request that the jurisdiction consider these fire protection enhancements and context-specific defenses as grounds for approving the requested exception.