Appeal 35076

2022 OSSC 705.8

Code Section 705.8 limits the allowable area of unprotected and protected openings permitted in an exterior wall of any story of a building based on the fire separation distance. With a fire separation distance between 5 feet to less than 10 feet, the allowable area of unprotected openings is limited to 10% and the allowable area of protected openings is limited to 25% of the area of exterior wall in any story (Table 705.8).

Section 706.8.2 requires that openings be protected in accordance with Section 716.

Instead of openings protected in accordance with Section 716 (45-minute rated) the project proposes to protect the openings with a water curtain in accordance with the City of Portland Building Official Determination 22-02: Fire Sprinkler Protection of Unprotected Glazed Openings.

At the west elevation, three non-operable windows will be protected with a water curtain as defined in NFPA 13. Specifically, one non-operable window on Level 2, and two non-operable windows on Level 3, identified with Keynote FW1 on 1/A3.0 attached, will be protected with sprinkler heads not more than 6-feet apart, not more than 12 inches below the ceiling, and on the occupied side of the opening (see sprinkler heads indicated by revision delta 1 on 2/A6.0 and 1/A6.1 attached). By protecting these openings as described above, the floors will comply with Section 705.8.4 Mixed Openings (see table entitled 705.8.4 Mixed Opening Calculation on sheet G1.4 attached).

The project prioritizes maximizing natural light and air to promote occupant health and improve energy efficiency. The inclusion of ample windows in all units helps to achieve this goal.

In consideration of this request, note that at the west elevation where water curtain protection is proposed, the distance to the newly constructed adjacent building, which maximizes it’s lot, is approximately 25 feet. For this reason, and because alternative water curtain protection has long been recognized by the city to provide a comparable degree of opening protection (see Appeal #28097, #27912, #31468, and BOD 22-02), the proposed design provides an equivalent level of fire and life-safety as required by code.

OSSC 2022 705.8 referenced by 1027.5

Section 1027.5 requires that exterior exit stairways have a minimum fire separation distance of 10 feet to other buildings on the same lot unless the adjacent building exterior wall and openings are protected in accordance with Section 705.

Section 705.8 limits the maximum allowable area of unprotected and protected openings permitted in an exterior wall of any story of a building based on the fire separation distance. With a fire separation distance between 5 feet to less than 10 feet, the allowable area of unprotected openings is limited to 10% and the allowable area of protected openings is limited to 25% of the area of exterior wall in any story (Table 705.8).

Section 705.8.2 requires that openings be protected in accordance with Section 716 which requires 45-minute rated protection.

Instead of openings protected in accordance with Section 716 (45-minute rated) the project proposes to protect the openings with a water curtain in accordance with the City of Portland Building Official Determination 22-02: Fire Sprinkler Protection of Unprotected Glazed Openings.

At the north elevation of Unit H and the Commercial Space (see A2.0 attached), three openings will be protected with a water curtain as defined in NFPA 13. Specifically, one non-operable window on level 2 of Unit H, and a non-operable window and sliding door at the Commercial Space on level 1 will be protected by a water curtain. These openings, identified with Keynotes FW1 and FD2 on 2/A31, attached, will be protected by sprinkler heads not more than 6-feet apart, not more than 12 inches below the ceiling, and on the occupied side of the opening (see sprinkler heads indicated by revision delta 1 and delta 2 on 1&2/A6.0 attached).

By protecting these openings as described above, all the openings on Level 1 adjacent to the exterior exit stairway are protected. On Level 2, the openings in Unit H will comply with Section 705.8.4 Mixed Openings where the ratio of actual protected opening / allowable protected opening plus the ratio of actual unprotected opening / allowable unprotected opening is less than or equal to 1.

The project prioritizes maximizing natural light and air to promote occupant health and improve energy efficiency. The inclusion of ample windows in all units, including Unit H, helps to achieve this goal.

The project also prioritizes providing space for social interaction and the activation of the pocket courtyard adjacent to the commercial space. The sliding doors at the commercial space is important to achieve this priority along with encouraging resident use of the space.

In consideration of this request, note that the exterior exit stairway is connected by an open exterior egress balcony to a second remotely located exterior exit stairway (see 2/A2.0 attached). This provides users with the option of using the egress balcony to gain access to the second exterior exit stairway, while the products of combustion are vented directly to the outside. This is like Exception 2 of Section 1027.6.

Based on the egress configuration, and because alternative water curtain protection has long been recognized by the city to provide a comparable degree of opening protection (Appeal #27912, BOD 22-02), the proposed design provides an equivalent level of fire and life-safety as required by code.

2022 OSSC 2902.1

Table 2902.1 quantifies the required number of plumbing fixtures.

Per Table 2902.1, apartment units shall be provided with a minimum of 1 water closet per dwelling unit, 1 lavatory per dwelling unit, and one bathtub/shower per dwelling unit.

Per Table 2902.1, assembly uses without permanent seating such as the Tenant Exercise Room on Level 1 and the Tenant Deck on Level 2 shall be provided with a minimum of 1 water closet per 125 men and 1 water closet per 65 women. Lavatories shall be provided at 1 per 200 occupants. Footnote d. requires that seasonal outdoor seating areas and entertainment areas be included when determining the minimum number of facilities required.
A strict reading of this table and Footnote d. indicate that one water closet for each gender and one lavatory are required for the Tenant Deck and Tenant Exercise Room, two small spaces with combined occupant load of 44.

This appeal requests a reduction of the minimum number of plumbing fixtures for these two small spaces.

The proposed project consists of 8 residential units surrounding a courtyard, comprised of several ‘flats’, and mostly townhouse style units accessed either from the first level courtyard or a second level egress balcony. The Tenant’s Deck is accessed from the egress balcony, and the Tenant’s Exercise Room is accessed from the courtyard (see G1.1 attached), and are spaces for use by the small number of project residents.

In addition to the minimum number of fixtures required by Table 2902.1, the project proposes an additional 13 water closets, and 14 lavatories, which are distributed throughout the units based on unit size.

The project does not provide separate plumbing fixtures for the Exercise Room and Tenant Deck.

The project’s Tenant Exercise Room and Tenant Deck are intended only for the use of residents and their guests. Given that the overall building provides well in excess the necessary number of plumbing fixtures, and the fact that project’s overall layout is very compact with residential units only steps away from the Exercise Room and Deck, the project as proposed provides an equivalent level of health safety and comfort, as granted in numerous prior appeals.