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The City of Portland, Oregon

Development Services

From Concept to Construction

Phone: 503-823-7300

Email: bds@portlandoregon.gov

1900 SW 4th Ave, Portland, OR 97201

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APPEAL SUMMARY

Status: Decision Rendered
Appeal ID: 9698 Project Address: 2004 SW Jefferson St
Hearing Date: 4/10/13 Appellant Name: Armin Quilici
Case No.: B-001 Appellant Phone: 503-228-0311
Appeal Type: Building Plans Examiner/Inspector: David Jones
Project Type: commercial Stories: 6 Occupancy: R-2, S-2 Construction Type: I-A and III-B
Building/Business Name: Fire Sprinklers: Yes - throughout
Appeal Involves: Erection of a new structure LUR or Permit Application No.: 12-192298-LU
Plan Submitted Option: mail   [File 1] Proposed use: Multi-family and parking

APPEAL INFORMATION SHEET

Appeal item 1

Code Section

OSSC 602.3 Type 3

Requires

Type 3B construction is that type of construction in which the exterior walls are of noncombustible materials and the interior building elements are of any material permitted by this code. Fire-retardant treated wood framing complying with Section 2303.2 shall be permitted within exterior wall assemblies of a 2-hour rating or less.

Code Modification or Alternate Requested
Proposed Design

This building is an R-2 Occupancy Building of Type 3B construction. In lieu of using fire-retardant treated wood framing, it is proposed to use non-fire-retardant-treated wood framing within the exterior walls of this building.

Note: The entire building will be equipped with an approved automatic sprinkler system per 903.3.1.1.

Reason for alternative

To provide equivalent health, accessibility, structural capacity, energy conservation, life safety or fire protection the following conditions will be met:

  1. Exterior bearing walls shall be at least two-hour rated, based on exposure from both sides (no fire-retardant treated wood required).
  2. Exterior non-bearing walls shall be at least one-hour rated, based on exposure from both sides (no fire- retardant treated wood required).
  3. Selective Smoke Detection Coverage shall be installed per NFPA 72, National Fire Alarm Code in the path of egress in and from the Type 3 portion of the building continuing to the exit discharge.
  4. At least one exterior window shall be provided in each dwelling unit with a glazed area meeting egress window requirements and a minimum opening of 4 inches.
  5. Dwelling units shall be separated by one-hour rated construction (vertical and horizontal assemblies).
  6. The base allowable area specified in Table 503 for Type 3A and 3B (R2) is reduced to 12.000 SF. Area increases per section 506 are allowed.
  7. 75 feet maximum height from lowest fire apparatus setup to roof parapet.
  8. All required egress stairs shall continue to the roof (ship's ladder and hatch is okay)
  9. All penetrations through exterior skin shall be fire stopped at the exterior gypsum sheathing.
  10. Ducts and vents penetrating exterior wall shall be 26 gauge minimum.
  11. No penetrations permitted through the underside of exterior wall projections.
  12. A minimum of one dominant street-facing building facade shall meet fire apparatus aerial access Fire Code requirements.
  13. Combustible roof deck shall be covered with a noncombustible sheathing.
  14. Elevator hoistway openings into corridors shall have smoke-tight protection as required for doors opening into fire-resistive corridors.

Appeal item 2

Code Section

OSSC 1027.1 General (under Exit Discharge)

Requires

Exits shall discharge directly to the exterior of the building. The exit discharge shall be at grade or shall provide direct access to grade.

Code Modification or Alternate Requested
Proposed Design

The exit discharge on the south side of the building is 1 story below grade. It leads directly to an exterior stair alongside of the building which leads directly to grade and the sidewalk. 2-hour fire rated separation will be provided between the exterior stair and the garage space both beside and below the stair.

Reason for alternative

To provide equivalent life safety and fire protection, additional sprinkler heads will be provided over exterior stair well connecting exit discharge to grade and sidewalk. The stair well will be well lit at all times for increased safety.

Appeal item 3

Code Section

OSSC 1022.1 Exit from stories

Requires

All spaces within each story shall have access to the minimum number of approved independent exits as specified in Table 1021.1 based on the occupant load of the story. For purposes of this chapter, occupied roofs shall be provided with exits as required for stories

Code Modification or Alternate Requested
Proposed Design

One exit is proposed from roof deck. This exit leads directly to exit stair which discharges at lobby near exit door. The area of the roof deck is under 750 SF. When the occupant load is calculated for Assembly use the occupant load is under 50 which qualifies it as a space with one means of egress per Table 1015.1.

Note: The entire building will be equipped with an approved automatic sprinkler system per 903.3.1.1.

Reason for alternative

To provide equivalent life safety and fire protection, the following additional provisions will be provided:
o Alarm notification will be extended to roof deck areas.
o Signage will be posted listing occupancy limit of 49
o Roof deck will be built using non-combustible concrete pavers.
o The roof deck will be limited to use by tenants only
o An area of refuge will be provided in the stair enclosure at the roof deck, sized to accommodate at
least one wheelchair space of 30 inches by 48 inches, with a two-way communication system.

Appeal item 4

Code Section

OSSC 1007.2.1 Elevators required

Requires

In buildings where a required accessible floor is four or more stories above or below a level of exit discharge, at least one required accessible means of egress shall be an elevator complying with Section 1007.4

Exceptions:

  1. In buildings equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the elevator shall not be required on floors provided with a horizontal exit and located at or above the levels of discharge.
Code Modification or Alternate Requested
Proposed Design

Standby power for the elevator is not provided. Instead, Horizontal Exits and Areas of Refuge are provided on each floor. There is a small roof deck (under 750 SF) with elevator and stair access. The roof deck does not have a Horizontal Exit. An area of refuge will be provided in the stair enclosure at the roof deck, sized to accommodate at least one wheelchair space of 30 inches by 48 inches, with a two-way communication system.

Note: The entire building will be equipped with an approved automatic sprinkler system per 903.3.1.1.

Reason for alternative

Occupants on the roof will have access to horizontal exit one level below roof. The area of refuge on top floor can accommodate the additional occupants from the roof level. The area of refuge on the roof level will provide a protected area for people needing an accessible means of egress.

Appeal item 5

Code Section

OSSC 503 General Building Height and Area Limitations

Requires

The building height and area shall not exceed the limits specified in Table 503 based on the type of construction as determined by Section 602 and the occupancies as determined by Section 302.
The maximum number of stories allowed for Type 3 construction and R-2 occupancy is 5 stories when equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1.

Code Modification or Alternate Requested
Proposed Design

Per 509.2 the building is 5 stories of Type 3B construction over 1 story of Type 1A. The Roof Deck is considered an outdoor space as not being enclosed on 3 sides and does not have any structure overhead.

Egress is provided from the roof deck as required for an area less than 750 square feet. The roof deck will be provided with 1 means of egress directly into an exit enclosure with a 2 hour fire rating.
Note: The entire building will be equipped with an approved automatic sprinkler system per 903.3.1.1.

Reason for alternative

The roof deck is not a habitable or occupiable space per OSSC 202 and does not provide any function. It is only accessible from the dwelling unit floors and not open to the public. It is not for general use by the public or rented out to the public. The roof deck will only be used by the residents of the building and their guests. There is no structure overhead and there is nothing that can trap smoke on the roof deck. The roof deck does not constitute a story per OSSC 202, as it does not have a roof or floor above. Therefore the roof deck does not exceed the 5 stories of Type IIIB construction for a R2 occupancy building.

APPEAL DECISION

Appeal item 1. Non-fire-retardent-treated wood framing in exterior walls of Type III construction: Granted provided:
1.1 Exterior bearing walls shall be protected based on distance to the property line or center line of street as follows;
a. Less than or equal to 10 feet: Protected on the inside with at least two layers of fire-rated gypsum board, nominal 5/8” thickness. Protected on the outside with at least two layers of fire-rated gypsum sheathing or one layer of fire-rated gypsum sheathing and one layer of fire-treated plywood, nominal 5/8” thickness. Alternatively, exterior bearing walls may be protected with a two-hour fire resistance tested assembly for fire exposure from both sides.
b. Greater than 10 feet: Protected on the inside with at least two layers of fire-rated gypsum board, nominal 5/8” thickness. Protected on the outside with at least one layer of fire-rated gypsum sheathing, nominal 5/8” thickness, over combustible wall framing.
1.2. Exterior non-bearing walls shall be protected on the inside and outside with at least one layer of fire-rated gypsum board or gypsum sheathing, nominal 5/8” thickness, over combustible wall framing.
1.3. All exterior wall coverings shall be of non-combustible material.
1.4. Noncombustible sheathing shall be installed above any combustible roof sheathing and framing. The noncombustible sheathing may be installed above or below the roofing membrane and/or insulation.
1.5. Selective smoke detection coverage shall be installed in the Type III portion of the building per NFPA 72, National Fire Alarm Code, beginning at the access point to the path of egress and continued until reaching all exits. Should the exit discharge into a lobby or other intervening space, selective smoke detection coverage requirements shall be extended to such spaces until reaching the exit discharge.
1.6. At least one operable exterior window shall be provided in each dwelling unit with a minimum opening width of 3-1/2 inches.
1.7. Walls and floor assemblies separating dwelling units shall have fire-resistance ratings of not less than 1-hour.
1.8. The base allowable building area specified in the Structural Specialty Code for R occupancies in Types III-A and III-B construction shall not exceed 12,000 square feet. Area increases in accordance with the Structural Specialty Code are allowed.
1.9. The distance from the top of the roof parapet to the lowest required fire apparatus setup point, as determined by the Fire Marshal’s Office, shall not exceed 75 feet. A minimum of one dominant street-facing building façade shall meet Fire Code requirements for fire apparatus aerial access.
1.10. All required egress stairs shall include access to the roof. Such access may be via any method listed in OSSC Chapter 10 for roof access.
1.11. All penetrations through the exterior wall covering shall be fire-stopped at the exterior sheathing. “Penetrations” for purposes of this Code Guide includes elements such as conduits and piping and does not include “Openings” such as doors, windows or wall-mounted HVAC units and louvers.
1.12. Ducts and vents penetrating exterior wall shall be 26 gage minimum.
1.13. No unprotected penetrations are permitted through the underside of fire-rated exterior wall projections required to be rated, including cornices, eaves, bays, exterior balconies, and similar projections extending beyond the exterior wall.
1.14. Elevator hoistway openings directly into corridors shall have smoke-tight protection as required for doors opening into fire-resistive corridors.

Appeal item 2. Exit discharge below grade: Granted provided that opening protection is provided on any openings within 10' vertically or horizontally of exterior stair.

Appeal item 3. Single exit from roof deck: Denied. Proposal does not provide equivalent egress safety. Appellant may contact David Jones (503-823-7028) for more information.

Appeal item 4. Omission of standby power for elevator: Denied. Proposal does not provide equivalent egress safety. Appellant may contact David Jones (503-823-7028) for more information.

Appeal item 5. Roof deck located above maximum number of stories: Granted provided 2 means of egress are provided from roof deck.

The Administrative Appeal Board finds that the information submitted by the appellant demonstrates that the approved modifications or alternate methods are consistent with the intent of the code; do not lessen health, safety, accessibility, life, fire safety or structural requirements; and that special conditions unique to this project make strict application of those code sections impractical.