Appeal 34786

Appeal Summary

Status: Decision Rendered - RECONSIDERATION OF 33741

Appeal ID: 34786

Submission Date: 4/30/25 9:34 AM

Hearing Date: 5/7/25

Case #: B-006

Appeal Type: Building

Project Type: commercial

Building/Business Name:

Appeal Involves: Erection of a new structure,Reconsideration of appeal

Proposed use: Apartment

Project Address: 5981 SE 49th Ave

Appellant Name: Mike Perso

LUR or Permit Application #: Permit 24-062181-CO

Stories: 4 Occupancy: R-2 Construction Type: VA

Fire Sprinklers: Yes -

Plans Examiner/Inspector: John Cooley

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

OSSC 1028.2

Requires

Oregon Structural Specialty Code, 1028.2 Exit Discharge.
Exits shall discharge directly to the exterior of the building.
Exceptions:
Not more than 50% of the number and minimum width or required capacity of interior exit stairways and ramps is permitted to egress through areas, including atriums, on the level of discharge provided that all of the following conditions are met:
Discharge of interior exit stairways and ramps shall be provided with free and unobstructed path of travel to an exterior exit door and such exit is readily visible and identifiable from the point of termination of the enclosure

Code Modification or Alternate Requested

To provide equal and/or better egress route than code requires with current configuration from the stair exit access to the exit discharge.

Proposed Design

The Stair 1 interior exit access egresses through the lobby and discharges on the same level to an exterior door. This path is unobstructed and circulates away from architectural barriers and visibly connects to the main building entrance. It will take occupants 3 steps from the exit access door to reach sightline A. Reference Exhibit A. Exit signage shall be installed providing readily visible and identifiable direction at the exit path leading to the exit discharge. This exit route will be used primarily by occupants familiar and without special knowledge of the building.

*RECONSIDERATION*

The project proposes that 1 of 2 required interior exit stairways, Stair 1, egress through the building lobby on Level 1. An exterior exit door, accessing an egress court to the west of the lobby is readily visible and identifiable within one step of the point of termination of the enclosure, in the same direction that an occupant exits the stair.

Additionally, a second exterior exit door is readily visible and identifiable within 3 steps of the point of termination of the enclosure by turning south, away from the elevator lobby, at the first opening in a screen wall separating the lobby from the elevator lobby. This exterior exit door opens directly to the public way.

Both exterior exit doors are in glass storefront walls providing unobstructed visibility to the egress court and public way from anywhere in the lobby.

Exit signage will be located directly opposite the point of termination of Stair 1 indicating the direction of the exterior exit doors and both exterior exit doors will have exit signs.

Reason for alternative

The Stair 1 interior exit must egress at the southern end of the stair enclosure to maintain stair head height clearance and continuity. Architectural barriers at the lobby delineates a circulation path to and from the Building’s exit discharge. Alternative locations for the interior exit from Stair 1 would not provide a safer path due to fire separation at adjacent lots, obstructions of furniture, and architectural barriers.

*RECONSIDERATION*

The Stair 1 interior exit stairway must egress at the southern end of the stair enclosure to maintain stair head height clearance and continuity. The door opens to the east to create a coherent entry and exit sequence for building occupants in conjunction with the elevator entry.

An exterior exit door is readily visible within one step of the point of termination of the enclosure, in the same direction that an occupant exits the stair.

Additional considerations include:

  1. A second exterior exit door, opening directly to a public way, is readily visible and identifiable within 3 steps of the point of termination of the enclosure by turning south.
  2. Both exterior exit doors are in glass storefront walls providing floor to ceiling unobstructed visibility to the egress court and public way from anywhere in the lobby - exterior exit doors, the egress court and public way are readily visible and identifiable from anywhere in the lobby.
  3. All pathways and corridors that lead from the point of termination of Stair 1 are egress routes which lead to an exterior exit (three total) providing exit access to either an egress court or a public way.
  4. The exit route will be used primarily by building tenants and their guests who are familiar with the lobby, circulation and entry/exit sequences.
  5. The overall occupant load of the building is well below the maximums allowed by code. The average occupant load of the stories above the level of discharge is 68 with 203 total occupants, 14% of the maximum allowed for the same number and configuration of exits. The maximum allowable would be 500 per floor or 1,500 total occupants above the level exit discharge.

Appeal Decision

Exit stair discharge with lobby exit not readily visible from point of termination of the enclosure: Granted provided egress court stairs have parallel treads and screen wall in front of elevator is removed.

The Administrative Appeal Board finds with the conditions noted, 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.

Under City Code Chapter 24.10, you may appeal this decision to the Building Code Board of Appeal within 90 calendar days of the date this decision is published. For information on the appeals process, how to file a reconsideration, and how to appeal to the Building Code Board of Appeal, go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov.