Appeal 34992

Portland BCG IRC/1/#3

Given the proposed residential structure is four stories and larger than 2,000 square feet, for it to be regulated under 2023 ORSC, then the City of Portland Building Code Guide IRC/1/#3 applies.

One of the six requirements spelled out in IRC/1/#3 (item number 2) is the requirement to provide two egress doors, located on separate levels, both with access to grade.

To determine that IRC/1/#3 item number 2) is not necessary or fully practical in this specific situation based on the configuration of dwelling units within the proposed structure. The structure is a duplex in which neither dwelling unit takes up more than three stories, and both duplex units have an egress door located at grade at a middle story.

The first floor is entirely common garage, utility space and storage (not “habitable space” as defined in ORSC R202).

The second floor, which is coplanar with the exit courtyard and the pedestrian connection to N. Richmond Ave, is divided between Dwelling unit #1 and the bottommost level of Dwelling #2.

The egress doors from both Dwelling Units are located at this second story.

The area of Dwelling unit #1 limited to the second story only.

The third and fourth stories house the remainder of the area of Dwelling Unit #2.

Both Dwelling Units have a clear unobstructed egress connection to grade without a need to internally traverse all four stories.

The geometry of the proposed structure (with egress doors located on the second story) is due to the sloping site. The first story is more than 50% below adjoining grade and the remaining stories are above grade.

IRC/1/#3 items 1, 3, 4, 5, and 6 can be met. (Sprinklers throughout, no 5th level, 5/8 gyp at lowest ceiling, no exposed posts, engineer stamp.)

A) IRC/1/#3 item number 2 discusses a scenario requiring more than one egress door from an ADU that extends “more than three stories”. This language appears to acknowledge that some four story residential structures are not a contiguous single household use, and may be internally divided in such a way their dwelling units extend across multiple floors (and/or block the internal connectivity of all four stories), in which case three stories is the logical maximum number of stories for any one unit before a second egress door is required.

The proposed design is analogous in the sense that the larger Dwelling Unit does not extend more than three stories, and no other Dwelling Unit, or accessory spaces, extend more than one story.

B) Dwelling Unit #2, limited to three floors, would be allowed in any other context with a single egress door at grade and the regular required vertical egress at sleeping rooms located on upper floors.

C) Adding an egress door to either the third or the fourth floor of the proposed structure won’t serve all of the occupants of the structure, or provide an egress route substantially separated from the route already built in.

D) Adding an egress door to the first story would conflict with ORSC requirements that egress not traverse a garage, but even if allowed, occupants of the upper stories would have to bypass the evident egress doors located on the second story in order to access an egress door located on the first story.