Appeal 18909

Appeal Summary

Status: Decision Rendered

Appeal ID: 18909

Submission Date: 1/18/19 3:27 PM

Hearing Date: 1/23/19

Case #: B-018

Appeal Type: Building

Project Type: commercial

Building/Business Name: Henry Building

Appeal Involves: Alteration of an existing structure

Proposed use: Multi-family housing

Project Address: 309 SW 4th Ave

Appellant Name: Karin Wohlert

LUR or Permit Application #: LUR

Stories: 6 Occupancy: A-2, A-3, B, M, R-1, S-1, S-2 Construction Type: III-A

Fire Sprinklers: Yes - Yes - Throughout

Plans Examiner/Inspector: Brian McCall

Plan Submitted Option: pdf   [File 1]

Payment Option: mail

Appeal Information Sheet

Appeal item 1

Code Section

OSSC 1014.2.4, 1501.2.1

Requires

1014.2.4: “Egress shall not pass through kitchens, storage rooms, closets or spaces used for similar purposes.

1501.2.1: “Where two exits or exit access doorways are required from any portion of the exit access, the exit doors or exit access doorways shall be placed a distance apart equal to not less than one-half the length of the maximum overall diagonal dimension of the building or area to be served measured in a straight line between exit doors or exit access doorways.”

Exception 2 “Where the building is equipped throughout with an automatic sprinkler system in accordance with section 903.31.1 or 903.3.1.2. the separation distance of the exit doors or exit access doorways shall not be less than one-third of the length of the maximum overall diagonal dimension of the areas served.

Code Modification or Alternate Requested
Proposed Design

The attached layout shows the proposed design includes two exits from the kitchen. Both the area and exits designated for kitchen staff only. Two exits are provided for restaurant patrons.

Also, separation of the TI space is maintained with 1-hour fire rated construction. The active dedicated sprinkler system and active dedicated fire alarm system are to remain. See attached Exhibit 15.

Reason for alternative

With this layout the kitchen employees are familiar with the exit locations. The restaurant patrons, in an emergency, would be most likely to exit where they had recently entered because this is familiar. In addition, we would prefer not to exit restaurant patrons through the kitchen. By egressing the spaces served with (2) exits for (3 occupant load) kitchen staff and (2) exits for (61 occupant load) restaurant patrons, we feel that we have greatly improved egress. In the unlikely event that restaurant patrons did need to use that third exit, it would also be available.

Appeal item 2

Code Section

OSSC 1008.1.2

Requires

Door swing. Egress doors shall be of the pivoted or side-hinged swinging type.

Doors shall swing in the direction egress travel where serving a room or area containing an occupant load of 50 or more persons or a Group H occupancy.

Code Modification or Alternate Requested
Proposed Design

The space will be provided with 3 separate exit doors, including the new in-swinging door at the kitchen. The other exits serving this space include the existing 72” wide double door, and the renovated 33” door both of which swings outward in the direction of egress travel, both of which opens directly onto SW Oak Street. See attached Exhibit 15.

Reason for alternative

Egress is provided from the spaces served. The occupant load of the kitchen space is (3) three. This exit door will be an emergency only exit for staff. The restaurant patrons, in an emergency, would be most likely to exit where they had recently entered because this is familiar.

Appeal Decision

1. Egress through interveing space: Granted as proposed.

2. Inswing kitchen egress door: Granted provided exit signage is turned to not be visible from the restraunt area.

Appellant may contact John Butler (503 823-7339) with questions.

The Administrative Appeal Board finds with the conditions noted, 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.

Pursuant to City Code Chapter 24.10, you may appeal this decision to the Building Code Board of Appeal within 180 calendar days of the date this decision is published. For information on the appeals process and costs, including forms, appeal fee, payment methods and fee waivers, go to www.portlandoregon.gov/bds/appealsinfo, call (503) 823-7300 or come in to the Development Services Center.