Appeal 33658

Appeal Summary

Status: Decision Rendered RECONSIDERATION OF 33627

Appeal ID: 33658

Submission Date: 1/13/25 10:12 AM

Hearing Date: 1/22/25

Case #: B-002

Appeal Type: Building

Project Type: commercial

Building/Business Name:

Appeal Involves: Reconsideration of appeal

Proposed use: 26 Unit Apartment Building (R2)

Project Address: 6680 SE 14th Ave

Appellant Name: Will Uebelacker

LUR or Permit Application #: Permit 22-104923-CO

Stories: 3 Occupancy: R2 Construction Type: V-B

Fire Sprinklers: Yes - NFPA 13

Plans Examiner/Inspector: Geoffrey Harker

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

1023.4 Openings

Requires

Openings in interior exit stairways and ramps other than unprotected exterior openings shall be limited to those required for exit access to the enclosure from normally occupied spaces and for egress from the enclosure.

Code Modification or Alternate Requested

To allow an unoccupied utility closet to have an opening directly to the interior exit enclosure.

Proposed Design

The building is equipped throughout with a full NFPA-13 sprinkler system. There are two interior exit stairways within 2-hour fire rated enclosures that exit directly to the outside. The two stairwells are connected at the second and third levels by a 1-hour rated corridor, and the ground level units each have two exists, one directly to the exterior and the other into the 2-hour rated interior exit stair enclosure. Each apartment opening into the 2-hour rated enclosure provides a 90-minute rated door w/ smoke and draft control gas, and automatic closers. The utility door also provides a 90-minute door with an automatic closer and is surrounded by a 1-hour rated enclosure.

Reconsideration: The utility closet will now have a dedicated fire sprinkler head for an added level of safety.

Reason for alternative

The intent of the building code is to limit openings into protected interior exit enclosures from normally occupied spaces. The difference between the utility closet and the living unit openings is one of occupancy. The same 90-minute rated doors with smoke and draft control gaskets will be provided. The utility door will have an extra level of safety with the addition of an automatic closer by actuation of smoke detectors or by loss of power. The utility closet will contain computers, modems and/or wifi routers, essentially items necessary for providing internet and security systems to the building. The utility door is to remain closed at all times, except when equipment servicing may be needed. When the utility doors are opened maximum of 90 degrees they do not impeded the egress path of travel from apartment doors or the interior exit staircase. In emergencies, the doors would close automatically further ensuring a safe egress for building occupants.

Reconsideration: The interior exit stairwell is surrounded by a 2 hour rated enclosure and is equipped with fire sprinkler heads at each level. With the addition of a dedicated fire sprinkler head in the utility closet this will help prevent any potential fire from spreading into the stairwell if it were to originate in the utility room.

Appeal Decision

Allow opening to a non-occupied space within interior exit stair: Granted provided the walls around the closet are upgraded to a 2-hour fire-resistance rating and door hardware is not readily openable by the occupants. Provide signage stating "Not an exit".

"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 the 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.