Appeal 7160

Appeal Summary

Status:

Appeal ID: 7160

Submission Date: 6/14/10 2:29 PM

Hearing Date: 6/16/10

Case #: B-004

Appeal Type: Building

Project Type: commercial

Building/Business Name:

Appeal Involves: occ Change from F-2 to B, F-1

Proposed use: Bistro

Project Address: 5425 E Burnside St

Appellant Name: Kina Voelz

LUR or Permit Application #: Permit 10-138359-CO

Stories: 1 Occupancy: B, F-1 Construction Type: V-B

Fire Sprinklers: No

Plans Examiner/Inspector: Ben Howell

Plan Submitted Option: mail   [File 1]

Payment Option: mail

Appeal Information Sheet

Appeal item 1

Code Section

Section 1018: Exits & Section 1008.1.4: Floor Elevation

Requires

Section 1018 Exits reproduced here for convenience:

1018.1 General: Exits shall comply with Sections 1018 through 1023 and the applicable requirements of Sections 1003 through 1013. An exit shall not be used for any purpose that interferes with its function as a means of egress. Once a given level of exit protection is achieved, such level of protection shall not be reduced until arrival at exit discharge.
1018.2 Exterior Exit Doors: Buildings or structures used for human occupancy shall have at least one exterior door that meets the requirements of Section 1008.1.1.
1018.2 Detailed requirements: Exterior exit doors shall comply with applicable requirements of Section 1008.1.

Section 1008.1.4 Floor Elevation reproduced here for convenience:

1008.1.4 Floor Elevation: There shall be a floor or landing on each side of the door. Such floor or landing shall be at the same elevation on each side of the door. Landings shall be level except for exterior landings, which are permitted to have a slope not to exceed 0.25 unit vertical in 12 units horizontal ( 2- percent slope).

Code Modification or Alternate Requested
Proposed Design

Door #3 located at the NE 55th Street side, on the East Façade, is an existing door with an existing concrete door threshold. There is an existing, exterior concrete landing pad that connects the door threshhold to the existing sidewalk. There is no step at this door threshhold or where the concrete landing pad connects to the existing sidewalk. The existing, exterior concrete landing pad slopes approximately 15 percent over a 2'-5" horizontal dimension. The plans examiner has indicated this slope will not meet current code requirements per Section 3406 Change of Occupancy; in other words the concrete landing pad would be required to be upgraded to current code standards due to a change in occupancy, if there were the adequate horizontal 44 inch horizontal landing dimension. However, the existing concrete landing is approximately 2'-5" x 3'-0." Please reference Sheet AP 1.0 Code Summary / Door #3 Enlarged Plan.

Note: Permit set sheet A1.3 Site Plan, A 2.0 Existing Plan, A 2.1 Proposed Plan as well as an image of the Door #3 existing condition are included for reference.

Section 3406 Change of Occupancy reproduced here for convenience:

3406.1 Conformance: No change shall be made in the use or occupancy of any building that would place the building in a different division of the same occupancy or in a different group of occupancies, unless such building is made to comply with the requirements of this code for such division or group of occupancy. Subject to the approval of the building official, the use or occupancy of existing buildings shall be permitted to be changed and the building is allowed to be occupied for purposes in other groups without confirming to all requirements of this code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use.

The only proposed change at this door is that the existing door panel will be removed and a replacement door panel will be installed due to client aesthetic requirements.

For information, Door #1, at the east Burnside Façade is the door along the accessible route and meets the requirements of the code. Please reference Sheet A1.3 Site Plan and A2.1 Proposed Plan.

Reason for alternative

Section 1008.1.1.4 is located under the code section 1008.1 Doors, which states: "Means of egress doors shall meet the requirements of this section.... Doors provided for egress purposes in numbers greater than required by this code shall meet the requirements of this section."

The door #3 in question at the East Façade of the building, is not an egress door.

Per Section 1015, Exits required, "Buildings can have one exit if the use is "B" with a maximum occupant load of 49 and with a maximum travel distance of the less than 75 feet, per Table 1015.1." See attached Sheet AP 1.0 Code Summary / Door #3 Enlarged Plan.

Door #3 cannot meet current standards per 1008.1.4 Floor Elevation as there is not adequate room between the existing building façade and existing sidewalk to achieve the 2 % slope of the concrete pad.

The East Door #3 is an existing door; no changes in door location, or to the rough opening size of the door will be made. This door is to be used as a service door for moving goods to and from the kitchen and dishwashing areas only. The concrete pad connecting Door #3 to the sidewalk will be painted with an elastomeric, slip and weather resistant coating for increased safety. A code compliant solution would be to remove the East Door #3, but having this second door ( even though the landing does not comply ) provides additional emergency safety.

In general, the change of use on this project requires full compliance with ASCE 31 seismic upgrading requirements, increasing overall fire and life safety protection in the building. The net square footage of the bistro is 670 square feet, with an occupant load of less than 49, thereby minimizing exposure to fire life safety threat. The overall interior dimensions of the building are approximately 35'-9" x 18'-9", well under the 75 foot common path of egress travel distance.

It is respectfully requested that this appeal be granted, as there are other life safety upgrades being made as part of this tenant improvement project, that the door #3 concrete pad in question will be minimally used, and for service purposes only. Additionally, we feel the additional emergency egress use of this door provides much greater life safety than if the door were removed.
Thank you for your review of this appeal.

Appeal Decision

1. Sloped landing at exterior door: Granted provided use of door is limited to staff only.