Appeal 34886

1006.2.1, 1028

The Oregon Structural Specialty Code (OSSC) generally requires all egress discharge to occur on the same lot as the building, terminating at a public way, unless otherwise approved.

Crossing a separate tax lot for emergency egress is typically not allowed without combining the parcels or providing legal guarantees that preserve access in perpetuity.

Allow for Egress to utilize adjacent property (R274143, that is owned by the owner/tenant submitting this appeal) as the egress path to the public way.

The tenant improvement at 1390 SE 122nd Ave is a commercial interior remodel. The Existing Building was built w/ the southern entry built over the property line. Due to interior layout and site constraints, one required emergency exit door from the rear of the tenant space will discharge across an adjacent, vacant lot at 1390 SE 122nd Ave (Tax Lot: 1S2E02BC 1900), which is:
• A separate legal tax lot, but
• Under the same Ownership (Unite Oregon) of this proposed TI project. The Owner is also a co-owner of the property being improved.
• Vacant with no obstructions to egress or path to the ROW.
The path from the exit door travels across the adjacent parcel and terminates at a public sidewalk along SE 122nd Ave. The path:
• Is a minimum of 44 inches wide, unobstructed, and clearly marked
• Will be maintained free of hazards or encroachments

Due to existing building entrance orientation, structural limitations, and existing egress from the basement, this egress path is the most viable and code-compliant route to a public way. Strict adherence to the requirement that egress remain on the same parcel would require structural changes or infeasible site work.

To ensure permanent access, life safety, and code intent are met, the following measures will be implemented:

1. Recorded Emergency Egress Easement:A legal easement will be filed and recorded with Multnomah County, granting irrevocable access for life safety egress purposes across the adjacent parcel, binding current and future property owners.
2. Physical Improvements:

o The egress route is paved and finished with a slip-resistant surface
o Directional signage and emergency lighting will be installed in accordance with OSSC
o The path will be maintained free of obstructions and accessible during all hours of occupancy

1. Ownership Control:

Documentation is provided demonstrating common ownership of both lots, ensuring continued control and maintenance of the egress path.

1. Site Plan: A clear site plan is included showing the egress door, path, dimensions, fencing, and termination at the public way.

This appeal supports the intent of the OSSC by ensuring:
• Safe, code-compliant egress to a public way
• No reliance on third-party property access
• Legally protected, permanent means of egress
• Ownership continuity and maintenance guarantees
Similar configurations have been approved by the City of Portland where life safety is not compromised and appropriate legal instruments are recorded.

chapter 3, 5, 10

The code requires all accessory uses such as playgrounds or open areas serving a specific occupancy (such as Group E, educational/daycare) to be located on the same parcel or within the building site as defined under OSSC. OSSC generally treats separate tax lots as separate properties unless combined by lot consolidation or legal covenant.

Request to allow using southern adjacent property (R274143, that is owned by the owner/tenant submitting this appeal) as a playground supporting the daycare use at 1390 SE 122nd (R196775) TI.

The proposed project is a childcare facility located at [Main Site Address], serving children under Group E occupancy. A dedicated outdoor playground is planned on an adjacent property at [Adjacent Lot Address], which is a separate tax lot under the same ownership. The playground will be:

• Fenced, secured, and directly accessible via a gated path from the main building.
• Used exclusively by the childcare program, not by the general public.
• Maintained and operated by the same ownership entity.
• Located within [distance in feet] of the building's egress door.

We propose to treat the adjacent lot as part of the same building site for the purposes of occupancy, exiting, and accessory use.

The appeal is submitted to allow an outdoor play area required by Oregon DHS and licensing standards to be located on an adjacent parcel, while remaining compliant with health, safety, and code intent. Although the lots are legally distinct, the common ownership, direct access, and dedicated use support the functional integration of the playground with the primary occupancy.

• A recorded Covenant for Shared Use and Maintenance will be filed, binding both parcels to a single operational purpose and restricting the playground’s use to the permitted facility.
• A lot tie agreement or easement will be provided, ensuring legal access and control across property lines.
• The playground will comply with all applicable DHS safety and supervision requirements.
• A secure, code-compliant gate will provide direct, fenced access from the main building to the playground.
• No public right-of-way or vehicle traffic separates the lots.

This appeal supports the intent of the OSSC by ensuring:
• Safe, secure, and code-compliant access to outdoor play space.
• Consistent ownership and operation of both properties.
• Functional integration of use even across tax lots.
• Compliance with child care licensing standards requiring outdoor space.
Allowing this configuration enables efficient use of land while upholding life safety and egress standards.

Chapter 9, NFPA 24, • City of Portland Water Bureau and Fire Marshal Policies regarding private fire service mains crossing property lines

Fire sprinkler systems must be served by a dedicated fire service line routed entirely on the same legal lot as the protected building, or must be supported by a recorded easement or lot consolidation. Private fire mains typically must not cross a separate tax lot unless legally secured and reviewed by the Portland Fire Marshal and Water Bureau.

Allow for Fire Water Line to be supplied from SE Madison Ave and cross property R274143 (owned by the owner/tenant submitting this appeal).

We propose routing a new private fire service main from SE Madison Street across an adjacent parcel under the same ownership to serve the building at property R196775. The water line will enter the adjacent parcel (R274143) from SE Madison Street, continue underground to a vault and backflow prevention assembly at the property line with the building parcel (Parcel B), and then enter the building.

• Parcel A: R274143 – Entry point from SE Madison (low-traffic street)
• Parcel B: R196775 – Building requiring sprinkler protection
• The two parcels are under identical ownership
• A recorded private utility easement will be established for fire line access and maintenance

Bringing the water line directly from SE 122nd Avenue—the nearest Water Bureau connection to Parcel B—would require trenching across the western half of SE 122nd, a high-volume arterial street, resulting in:

• Significant traffic disruption and road closures
• Complex and costly construction logistics
• Delays and extended impacts to the public and emergency access

Routing from SE Madison Street, which borders Parcel A (under the same ownership), allows the service line to be installed:
• With minimal traffic impact
• At lower cost and risk
• While maintaining accessibility for vaults, backflow testing, and long-term service

To ensure full compliance with the intent of fire protection codes and City standards, the following are proposed:

1. Recorded Utility Easement: A perpetual, recorded fire line easement across Parcel A will be provided, granting access for fire protection service, maintenance, and inspection.
2. Vault & Backflow Location: The vault and backflow assembly will be located at the property line between Parcel A and Parcel B, in accordance with Portland Water Bureau standards, providing clear delineation of service boundaries and ownership responsibilities.
3. Plan Review and Inspection: The installation will be designed per NFPA 24 and City of Portland requirements, subject to Fire Marshal and Water Bureau approval, including:

o Pipe sizing, backflow prevention, and vault access
o Accessible shutoff valves and signage
o Approved tracer wire and as-built documentation

1. Ownership Documentation: Ownership documents confirming common ownership of both lots are included to demonstrate site control.

This appeal aligns with the intent of life safety and operational reliability by:
• Ensuring continuous, protected fire service to the building
• Avoiding unnecessary traffic, environmental, and cost impacts from tearing up a major street
• Providing a legally secured, inspected, and serviceable fire main path
• Upholding the City’s goals for safety and accessibility, while accommodating real-world site conditions