Appeal 34777

1036.2 & 1036.2.1

1036.2 item 2 Egress through intervening spaces.
Egress from a room or space shall not pass through adjoining or intervening rooms or areas, except where such adjoining rooms or areas and the area served are accessory to one or the other, are not a Group H occupancy and provide a discernible path of egress travel to an exit.
1036.2.1 Multiple tenants.
Where more than one tenant occupies any one floor of a building or structure, each tenant space, dwelling unit and sleeping unit shall be provided with access to the required exits without passing through adjacent tenant spaces, dwelling units and sleeping units.
Exception: The means of egress from a smaller tenant space shall not be prohibited from passing through a larger adjoining tenant space where such rooms or spaces of the smaller tenant occupy less than 10 percent of the area of the larger tenant space through which they pass; are the same or similar occupancy group; a discernible path of egress travel to an exit is provided; and the means of egress into the adjoining space is not subject to locking from the egress side. A required means of egress serving the larger tenant space shall not pass through the smaller tenant space or spaces.

Applicant is requesting approval to maintain existing exiting conditions for a tenant to exit through an adjacent tenant space and keep pre-existing egress path to secondary exit stair, leading directly to exit discharge or the public way.

Suite 440 has existing access for secondary egress through adjoining area Suite 400, not qualifying as accessory space. Both suites are Group B occupancy.
The egress path from Suite 440 to the secondary exit stair within Suite 400 is equipped with illuminated egress path, fail safe hardware at the Suite 400 entry door to allow free egress to the exit stair within the adjoining Suite 400.
No changes will be made to the demising layout for smaller Suite 440 and larger Suite 400, these suites are existing. Existing secondary exit for smaller tenant Suite 440 is absorbed within adjoining larger tenant Suite 400, requiring smaller tenant to egress through larger tenant suite. The code exception in 1016.2.1 requires the smaller tenant that is egressing through a larger tenant space to occupy less than 10 percent of the area of the larger tenant space. The area of Suite 440 occupies 47.5% of Suite 400.

The existing conditions of adjoining suites and egress path have been in active use for more than 24 years. Please see permit 2012-117364-000-00-FA and referenced agreement between former building owner and the City of Portland, dating November 7th, 1991.

The latest approved permit for tenant improvements in Suite 440 is dating back to 2019, see permit 2019-226601-000-00-FA.

In order to meet the 10% area criteria of the code exception, the “smaller” tenant suite would need to be 944 sf maximum. This size of suite would not be usable for the businesses that occupy the building. While the area of the suite does not satisfy the criteria of the exception of section 1036.2.1, it is our opinion the existing egress and life safety features existing are meeting an equivalent level of safety for the following reasons:

1. The building is fully sprinklered with a current fire alarm system
2. The pre-existing conditions were inspected by the Fire Marshall and approval was granted. Fire Life Safety test was performed February 25th.2025
3. The occupancy load for Suite 440 is <49. Two exits out of the suite are provided, both leading into the elevator lobby. The common path of egress is exceeding 100’ if the tenant is limited to the central exit stair in elevator lobby. Allowing egress through adjoining suite shortens the common path of egress distance to the decision point. The exit travel distance is under the allowable 300’ distance.
4. The egress path through the larger Suite 400 is a clear and discernible path, leading directly to an exit without obstacles and minimal turns. The exit stair leads to the exterior public right of way.
5. The larger Suite 400 egress door is equipped with fail safe locking hardware, triggering doors to unlock upon fire alarm.

We respectfully request this appeal be granted.