Appeal 35188

2022 Oregon Structural Specialty Code, Section 1208.2 Minimum Ceiling Heights

Bathrooms, toilet rooms, kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than 7 feet (2134 mm) above the finished floor.

Allow for storage space in basement with ceiling height ranging from 6’-5” to 6’-9”, 6’-0” high door openings, and height below an existing beam protrusion of 5’-10”.

This project involves a change of occupancy from R-3 to B for a small café and office. The basement level is an existing space historically used as a habitable area.

The basement will be used only for storage, building support systems (including grease interceptor), and limited-duration employee tasks. It is not intended as a primary work area and will not be continuously occupied.

Risk mitigation measures include:

1. Restricted access to employees only (no public access)
2. Very low occupant use (typically 1-2 person, intermittently)
3. No required egress path for the café (public) through this space
4. High-visibility warning signage at stair access
5. Hazard striping and protective padding at beam obstruction
6. Recessed lighting to eliminate additional headroom hazards
7. Operational policy to educate staff on the reduced head height.

See attached drawings with tag A.1 referencing locations.

The reduced ceiling height is an existing structural condition. Modifying the floor-to-floor height or lowering the slab would require substantial structural alteration to the foundation and superstructure and is disproportionate to the scope of work.
While OSSC 1208.2 establishes prescriptive minimums, the actual life safety risk is driven by duration and frequency of exposure. The space is not continuously occupied, it is used intermittently for storage and maintenance. Occupants are aware, trained staff.
This results in a significantly lower risk profile than spaces intended for full-time occupancy, aligning with the intent of the code.

The basement houses the grease interceptor and essential building support functions, making its use necessary for the operation of the café. Relocating these systems to L1 is not feasible within the scope of this project.

The project is a change of occupancy within an existing structure, and the OSSC allows flexibility where strict compliance is impractical, provided that the building is no less safe than its existing condition, and hazards are identified and mitigated.

The basement has historically functioned as occupied space, and the proposed use is less intensive than prior residential occupancy.
The basement is not part of the primary occupied customer space and is not required for accessible routes. It does not serve as a required means of egress for the public visiting the café.
This reduces the life safety impact of the reduced ceiling height.

The design addresses the specific hazard (low headroom) directly:

1. Visual warnings at entry point
2. Physical hazard marking at obstruction
3. Elimination of additional protrusions
4. Controlled access

These measures directly mitigate the actual risk (head injury) rather than relying solely on dimensional compliance.

2022 OSSC 1027.5, Exterior Exit Stairway

Exterior stairways and ramps shall have a minimum fire separation distance of 10 feet measured at right angles from the exterior edge of the stairway or ramps, including landings, to: adjacent lot lines and other portions of the building.

Allow the existing exterior exit stair to remain in use without 10-foot fire separation distance, with the addition of a 1-hour fire-resistance-rated wall to provide equivalent protection from fire exposure.

The project involves a change of occupancy from R-3 to B within an existing building originally constructed in 1906.

1. The existing exterior stair on the west side of the building will continue to serve as a primary egress path from the building to the public way.
2. A new 7-foot-tall, 1-hour fire-resistance-rated wall will be constructed along the west property line adjacent to the stair.
3. This wall will be continuous along the length of the stair and positioned to shield the stair and occupants from potential fire exposure originating from adjacent properties.

See attached drawings with tag A.2 referencing locations.

The intent of OSSC Section 1027.5 is to protect occupants using exterior egress components from fire exposure due to proximity to adjacent structures or lot lines.

The proposed 1-hour fire-resistance-rated wall provides a physical barrier to radiant heat and flame impingement, interrupts line-of-sight exposure to adjacent properties, and functions as a substitute for the required separation distance. This achieves an equivalent level of protection for occupants using the stair.

The building is centrally located on a constrained site (approximately 50 ft by 58 ft) with property line setbacks ranging from 10 to 12 feet. Due to the building’s placement, any exterior stair would inherently fall within the 10-foot separation distance.

Relocating or reconstructing the stair to meet the prescriptive requirement is not feasible without:
Significant alteration to the building footprint, or loss of functional site features, including accessible entry improvements.

The adjacent property to the west contains a residential structure that is itself set back from the property lines 10 ft, resulting in increased effective separation distance between structures.
This further reduces the likelihood of fire exposure impacting the exterior stair.

The occupant load is low and egress paths within the 10 foot setback are short and direct to the public way. The stair construction is of concrete, non-combustible construction. These factors reduce the overall life safety risk.

The addition of a 1-hour rated wall represents a significant increase in protection over the existing condition, where no such barrier currently exists.

2022 OSSC 1011.5.2 Riser Height and Tread Depth

Stair riser heights shall be 7 inches (178 mm) maximum and 4 inches (102 mm) minimum. The riser height shall be measured vertically between the nosings of adjacent treads or between the stairway landing and the adjacent tread. Rectangular tread depths shall be 11 inches (279 mm) minimum measured horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread's nosing.

Allow existing interior exit stairways with nonconforming tread depth and riser height to remain in use as part of the means of egress.

The project involves a change of occupancy from R-3 to B within an existing structure permitted in 1906.
The existing stairs will remain as constructed with the following dimensions:

Basement to exterior exit door: 7.5-inch riser / 10-inch tread
Level 1 to exterior exit door: 7-inch riser / 9-inch tread with 1¼-inch nosing
Level 2 to Level 1: 7-inch riser / 11 ½ -inch tread with 1¼-inch nosing

Safety improvements include:

1. Installation of code-compliant handrails
2. Addition of egress lighting
3. Maintenance of consistent tread/riser geometry throughout each stair run

See attached drawings with tag A.3 referencing locations.

Per OSSC Section 3405.6.3, Existing stairways shall not be required to comply with Section 1011 where the existing space and construction do not allow a reduction in pitch or slope.

The existing stair geometry is constrained by the building’s structure, and modification to achieve compliant proportions would require substantial reconstruction that is not feasible within the existing building footprint.

Although the stairs do not meet current dimensional requirements, the riser heights and tread depths are consistent within each run. Consistent geometry is a key factor in stair safety and reduces the likelihood of missteps, supporting safe egress even where dimensions differ from prescriptive code.

Low occupant load and limited use includes 7 persons exiting from the second floor and 5 persons exiting from the basement. These stairs serve a very small number of occupants, only employees familiar with the building, reducing the likelihood of congestion or emergency evacuation complications. The stairs are not serving high-density assembly spaces. Travel distances are short and direct to the exterior.

The proposed work is an improvement over existing conditions and enhances safety by adding handrails to each side, providing egress illumination, and maintaining clear egress paths. These upgrades result in a condition that is safer than the current state, even though full compliance with new construction standards is not achieved.

Reconstructing the stair to meet current code would require reconfiguring floor openings, structural modifications across multiple levels, and significant impact to the building layout. Given the limited life safety benefit and the low occupant load, full reconstruction is disproportionate to the scope of the project.

2022 OSSC 1011.6

The width of landings, measured perpendicularly to the direction of travel, shall be not less than the width of stairways served. Every landing shall have a minimum depth, measured parallel to the direction of travel, equal to the width of the stairway or 48 inches (1219 mm), whichever is less. Doors opening onto a landing shall not reduce the landing to less than one-half the required width. When fully open, the door shall not project more than 7 inches (178 mm) into the required width of a landing.

Allow existing landing of existing stairs to remain as constructed, 30” measured in direction of travel from L1 to exterior exit door and 27" from basement. Allow for wall projections at the top of the stairs at the landings at L1 and L2, previously a 30” doorway opening with the door removed.

The project involves a change of occupancy from R-3 to B within an existing residential building built in 1906. The interior egress stair is existing and the following are proposed:

1. The existing interior stair landing at the ground level exterior exit door is 30” depth in the direction of travel from L1 and 27” depth from basement. The total width of the landing is 84”.
2. The exit door swing will be revised in the direction of egress travel so that it does not reduce the usable landing depth.
3. At Levels 1 and 2, the existing doors at the top of the stairs will be removed, improving the effective usability of the landing.
4. Wall projections will remain at these previous door openings at the top of the stair at levels 1 and 2. These do not significantly obstruct the primary path of travel through to the landing.
5. The existing ceiling height above the stairs ranges from 7’-1/2” to 8’-7”.

See attached drawings with tag A.4 referencing locations.

The intent of OSSC Section 1011.6 is to provide sufficient space for occupants to safely transition between the stair and adjacent floor or exit.

In this condition, functional egress is maintained since full 30-inch landing depth is available in the direction of egress travel, the exit door does not encroach into the landing, and the path of travel is direct and unobstructed. This allows occupants to safely exit without interference or congestion, meeting the functional intent of the code.

Low occupant load limits demand on the landing, including 7 persons from the second floor and
5 persons from the basement. The travel distance to the exit door is minimal. With such a small number of occupants, the landing does not need to accommodate queuing or simultaneous use by large groups, which significantly reduces life safety risk. Door hardware is operable without requiring occupants to stand within the stair run.
Additional safety measures will be added such as compliant egress lighting and continuous handrail onto the landing. No storage or obstructions will be permitted at landings.

Increasing the landing depth would require reconfiguration of stair geometry, structural modification of floor framing and openings, and significant impact to adjacent spaces.
These changes are not feasible within the existing building and are disproportionate to the limited life safety benefit.

The existing stair configuration included doors at the top of the stair at the first and second floor, which reduced usable landing space when open and introduced potential conflicts between door swing and egress movement. The proposed design removes these doors to improve overall egress conditions.

As a result, small wall projections remain at these landing door openings. They do not reduce the primary path of travel below a usable 30” clear width and do not create hazardous conditions. They are fixed and visible, not dynamic obstructions, and do not prevent necessary egress flow. As such, they do not create a condition that would impede safe egress.

The OSSC Ch 34 allows consideration of existing conditions where strict compliance is impractical, provided that the means of egress remains safe and functional for the occupant load served.
The proposed design maintains adequate egress performance while improving safety where feasible.

Even though smaller than prescriptive code, the landing works safely for the number of people using it. This appeal is part of a broader set of stair improvements, including new handrails (both sides), new egress lighting, and removal of door conflicts at landings. These measures collectively improve the overall stair’s safety.

1014.6 Handrail Extensions

Handrail extensions; handrails shall extend horizontally at least 12 inches beyond the top riser and continue to slope for the depth of one tread beyond the bottom riser.

Allow handrails to terminate at the top riser without the required 12-inch horizontal extension.

The project involves a change of occupancy from R-3 to B within an existing building built in 1906.
Improvements to existing egress include:

1. New handrails will be installed on both sides of the interior stair.
2. Handrails will comply with current OSSC Chapter 10 requirements for:

a. Height
b. Graspability
c. Continuity along the stair run
d. Clearance at the wall

1. Due to existing constraints, handrails will terminate at the top riser or bottom riserwithout horizontal extension onto the landing.
2. Existing handrails at exterior stairs do not have extensions where the extension would protrude into the path of egress.

See attached drawings with tag A.5 referencing locations.

The intent of OSSC Section 1014.6 is to provide users with support during the transition between the stair and landing.

In this design, continuous handrails are provided for the full length of each stair run and users maintain support through the entire ascent/descent. The transition to the landing occurs immediately at the top riser. The handrails still provide a level of safety consistent with the intent of the code, despite the absence of the horizontal extension.

Extensions would introduce new hazards by projecting into the limited landing area, conflicting with adjacent door openings, and creating a protruding element in the path of travel.
In this condition, the extension would reduce usable egress width and introduce a strike hazard, which is less safe than terminating the handrail at the top riser.

The existing interior stair and landing configuration is constrained by adjacent doorways perpendicular to the landing and limited landing depth. Modifying these elements to accommodate compliant extensions would require significant reconstruction of the stair and adjacent spaces, which is not feasible.
Existing wall projections from former door openings occur at the transition to the landing, however they are outside the primary path of travel, are readily visible, and do not interfere with occupant movement.
Low occupant load reduces overall risk; the second floor occupant load is 7 persons and the basement occupant load is 5 persons. Since the stair serves a very small number of occupants, this reduces the likelihood of congestion or simultaneous use that would necessitate extended handrail support. Additionally, the occupants will be employees of the café and have knowledge of the building.

The existing handrails at the exterior front entry stairs are absent of handrail extensions where these extensions would interfere with egress. This is an existing condition and is proposed to remain as-is.

This appeal is part of a broader set of stair improvements, including new handrails (both sides), new egress lighting, and removal of door conflicts at landings. These measures collectively improve overall stair safety, even though the handrail extensions are not provided.

The OSSC allows flexibility for existing conditions where strict compliance is impractical, provided that equivalent safety is achieved. In this case, eliminating the extension avoids creating new hazards while maintaining continuous handrail support where it is most critical—along the stair run.

Handrail ends will return to the wall or terminate in a safety return to reduce snag hazard concerns. The landing is immediately adjacent to the stair with clear visibility.

2022 OSSC 1019.3, Exit Access Stairway

In other than Group I-2 and I-3 occupancies, floor openings containing exit access stairways or ramps shall be enclosed with a shaft enclosure constructed in accordance with Section 713.

Allow existing unenclosed stair at L1 as designed with separation at L2 and basement with vestibules that are air sealed.

The project involves a change of occupancy from R-3 to B within an existing building built in 1906.
Due to spatial constraints at Level 1, the stair cannot be fully enclosed without substantial structural alteration. The proposed design improves separation at each level as follows:
Basement Level:
Enclosed vestibule with solid wood doors separating stair from adjacent basement spaces. Doors to be upgraded with self-closing devices and smoke seals.
Level 1:
Stair remains open due to limited landing space and program layout conflicts.
Level 2:
Stair terminates in a fully enclosed vestibule with solid wood doors. Doors to be upgraded with self-closing devices and smoke seals.
Attic Access:
Existing opening to be replaced with a 20-minute rated hatch.

• Building will be equipped with smoke detection / alarm system.
• No high-hazard uses on Basement or Level 2.
• Fire separation is minimum of 10ft from property line at the stair’s location.

These improvements create smoke-limiting separation at each level of the stair, reducing vertical smoke migration. See attached drawings with tag A.6 referencing locations.

The intent of OSSC Section 1019.3 is to limit the spread of smoke and fire between floors.
While a full shaft enclosure is not provided, the proposed design provides equivalent life safety through smoke control by creating vestibule separation at the basement and Level 2. The added self-closing doors with smoke seals limits the stair’s exposure to occupied spaces. The existing walls and ceiling finishes are wood lath and plaster which, intact, provide fire protection from adjacent spaces. This approach significantly reduces vertical smoke spread, achieving the primary life safety intent of the code.

The building scale and low occupancy reduce overall risk since the building is three stories or less with approximately 700 SF per floor. The spaces served by the stair are primarily employee areas and the travel distances are short. These factors reduce the likelihood and consequence of smoke exposure compared to larger or higher-density buildings.
The stair configuration is an existing condition. Constructing a compliant shaft enclosure would require major structural reconfiguration of floor openings and landings and extensive demolition across multiple levels. This level of intervention is disproportionate to the risk, particularly given the building’s small size and low occupant load.

The proposed design is an improvement over existing conditions, improving smoke containment at the top and bottom of the stair. This results in a building that is safer than the current condition, even if not fully prescriptive. This appeal is part of a broader set of stair improvements, including new handrails (both sides), new egress lighting, and removal of door conflicts at landings. These measures collectively improve overall stair safety.

Various provisions in the OSSC recognize that full compliance with shaft enclosure requirements is not always feasible in existing buildings, particularly where the building is small, the number of stories is limited, and equivalent smoke control can be achieved. The proposed solution aligns with this broader code intent by focusing on performance (smoke limitation) rather than strict prescriptive construction.

Provisions such as those in OSSC Chapter 34, like Section 3408.2.2.1 and 3412 demonstrate that the code allows reduced enclosure requirements in existing or historic buildings, specifically where buildings are under 3,000 square feet and under 3 stories. Section 3412.4.10 recognizes that existing lath and plaster can remain in lieu of 1-hour fire resistance rated construction. Section 3412.3.6 specifies in buildings of three stories or less that exit enclosure construction have tight-fitting doors and solid elements to limit the spread of smoke, but are not required to have fire-resistance rating.
While this building is not formally designated as historic, it shares similar constraints, and the proposed design achieves a comparable level of safety.

2022 OSSC 1010.1.1, Size of Doors and 1010.2, Door Operations

The required capacity of each door opening shall be sufficient for the occupant load thereof and shall provide a minimum clear opening width of 32 inches (813 mm). The clear opening width of doorways with swinging doors shall be measured between the face of the door and the stop, with the door open 90 degrees (1.57 rad).

Allow existing 30” doors and passageway openings to remain in place.

The project is a change of occupancy from R-3 to B within an existing structure originally built in 1906.

1. Existing interior doors serving the second floor (OL = 7) and basement (OL = 5) will remain. These doors serve employee-only areas, not public spaces.
2. The primary public egress door at the main level is 40 inches wide, exceeding minimum code requirements.
3. All doors will be equipped with code-compliant operable hardware.
4. The building layout provides short travel distances and direct access to exits.
5. New egress light will be provided.
6. Business will provide training to employees on emergency egress procedures.

See attached drawings with tag A.7 referencing locations.

Egress capacity is adequate since the occupant load served by the existing doors are extremely small: second floor of 7 occupants and basement of 5 occupants. Most doors only serve as an exit for one or two persons.
Even at reduced clear widths, the available egress capacity exceeds the demand, and occupants can exit quickly without congestion. These doors are not required to be on an accessible route.

The reduced-width doors serve employee-only spaces. The public egress path is fully compliant, with a 40-inch-wide exit door. This limits exposure and risk to trained, familiar occupants.

The existing building is constrained by its existing structural layout. Widening door openings would require structural modification of walls, reworking of framing and finishes, and cascading impacts to adjacent systems such as moving electrical junction boxes. These changes are disproportionate to the limited life safety benefit, given the small occupant loads.

Equivalent level of safety through use and configuration is achieved because occupant loads are very low, spaces are not assembly or high-density areas, and occupants are employees familiar with the building. New egress lighting will be added and the travel distances are short and direct. This provides a level of safety equivalent to code intent, even if not strictly prescriptive.

The OSSC allows consideration of existing conditions where strict compliance is impractical, provided that the means of egress is adequate for the occupant load and the building is not made less safe. The proposed design meets this requirement.

While the building is not formally designated, it predates modern code requirements (constructed in 1906) and contains dimensional constraints typical of buildings of that era. The allowances provided in OSSC Section 3412 for historic structures recognize that strict compliance with prescriptive requirements such as door widths is not always feasible in existing buildings, particularly where occupant loads are low and equivalent life safety can be demonstrated. The requested modification is consistent with the intent reflected in OSSC Section 3412.4.6.