Appeals | Portland.gov (2024)

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Appeal item 1 Appeal item 2
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Status: Decision Rendered - Reconsideration of ID 12793 (12/2/15)
Appeal ID: 14265Project Address: 5135 NE Columbia Blvd
Hearing Date: 11/23/16Appellant Name: Allen Webb
Case No.: B-018
Appeal Type: BuildingPlans Examiner/Inspector: Connie Jones
Project Type: commercialStories: 1Occupancy: EConstruction Type: V-B
Building/Business Name: Native American Youth AssociationFire Sprinklers: No
Appeal Involves: Reconsideration of appealLUR or Permit Application No.:15-282527-CO
Plan Submitted Option: pdf [File 1]Proposed use: Convert 2 rooms to daycare, existing E occupancy

Appeal item 1

Code Section

1018 Corridors

Requires

{ -- NOTE: THE FOLLOWING ARE THE ONLY CHANGES TO THE ORIGINAL TEXT OF THIS APPEAL FOR THIS RECONSIDERATION --- NUMBER OF CHILDREN PER ROOM: 12 (WAS 8) AND NUMBER OF CARE PROVIDERS: 3 TO 4 (WAS 2 TO 3) - THIS DOES NOT CHANGE THE USE OR OCCUPANT LOAD AS CALCULATED -- }

Table 1018.1: Corridors in E occupancy with occupant loads greater than thirty shall have 1-hour fire resistive construction. (Doors shall have 20 minute fire rating. )

Exception 1: A fire resistance rating is not required for corridors in an occupancy in Group E where each room used for instruction has at least one door opening to the exterior...

Code Modification or Alternate Requested
Proposed Design

The Native American Youth Association moved into the buildings on this site in 2006 and purchased it in 2009. The buildings on site serve primarily as a high school, called the Early College Academy (ECA), for Native American students aged 14-20. There are currently 81 students enrolled in the ECA.

The main building was built in 1964 as a replacement to the original school building. The main building is approximately 49,000 square feet of floor space, and serves the ECA and associated Native American community activities.

The "Annex" was added to the original building in 1953. The annex is 9,367 square feet of floor space, type V-B construction. The proposed project is in the annex, which is used only by the ECA (and not for community activities).

The annex has six "classrooms," each with calculated occupant load in excess of 49 occupants, and unrated corridor construction with only a single exit from each room into the corridor. Existing rooms are used as follows:
• Room 1: Communications and Development Counseling.
• Room 2: Lecture room. This room has 35 (non-fixed) seats, including 5 for computer stations.
• Room 3: Home Ownership and Employment Counseling.
• Room 4: Finance Office.
• Rooms 5 and 6: Unoccupied former classrooms, to be converted to daycare.

Existing corridor wall construction is 2x4's at 16 inches on center with 3/8 inch plywood each side. Openings do not have a listed rating.

Two classrooms at the north (rooms 5 and 6) will be converted to daycare, with new exits directly to the exterior AND one hour construction (with 20 minute openings) at the corridor in these rooms and one hour construction between the new daycare room and adjacent room 4.

The daycare rooms will each have a maximum of 12 children, maximum age of three, for full day, head start daycare. One room will be for infants and the other for toddlers. Parents of these children will be on site, with a few exceptions for parents who attend vocational training off site.

New smoke detection is provided in the daycare rooms.

Reason for alternative

The alternate is required because upgrade of the entire corridor (or added exits) are outside the area of the renovation, and would be cost prohibitive for the project due to existing conditions, including the site configuration at the south, grade at north, existing cabinetry, and mechanical and electrical fixtures and equipment.

Overall life safety for the building is improved by the following:
• The one hour walls would not be required for the daycare rooms by the code exception for corridor rating (1018.1, exception 1).
• The one-hour wall between the daycare room and room 4 offers additional isolation between the renovated area and the rest of the building.
• The corridor is 10 feet wide between the classrooms and has 3 exit discharges with direct access to grade.
• The calculated occupant load for the building is decreased by 56 occupants by the renovation. The calculated occupant load exiting through the corridor is reduced by 80 occupants by the renovation.
• The new exterior exits from the daycare rooms are the preferred exits for these rooms. Provided these exits can be used in an emergency, the occupant load using the corridor is further reduced from the calculated occupant load.
• The actual occupant load is less than 20 occupants per room at full capacity, typically less than 10. The existing rooms are used for administration and counseling, with one-on-one instruction, and not used as lecture rooms except for room 2. The daycare rooms will have a maximum of 12 children per room, with three to four providers.

The building is brought closer to compliance with code provisions than the existing building per section 3404.1, alterations.

Appeal item 2

Code Section

Table 1015.1 Spaces with One Exit or Exit Access Doorway

Requires

Maximum occupant load for spaces with one means of egress is 49.

Code Modification or Alternate Requested
Proposed Design

The annex has six "classrooms," each with calculated occupant load in excess of 49 occupants. Existing rooms are used as follows:
• Room 1: Communications and Development Counseling.
• Room 2: Lecture room. This room has 35 (non-fixed) seats, including 5 for computer stations.
• Room 3: Home Ownership and Employment Counseling.
• Room 4: Finance Office.
• Rooms 5 and 6: Unoccupied former classrooms, to be converted to daycare.

A maximum occupant load of 49 will be posted for Rooms 1-4. Rooms 5 and 6 will be converted to daycare. The daycare rooms will each have a maximum of 12 children, maximum age of three, for full day, head start daycare. One room will be for infants and the other for toddlers. Parents of these children will be on site, with a few exceptions for parents who attend vocational training off site. Rooms 5 and 6 will have new exit doors directly to the exterior.

Reason for alternative

The alternate is required because upgrade of the entire corridor (or added exits) are outside the area of the renovation, and would be cost prohibitive for the project due to existing conditions, including the site configuration at the south, grade at north, existing cabinetry, and mechanical and electrical fixtures and equipment.

Overall life safety for the building is improved by the following:
• The one hour walls would not be required for the daycare rooms by the code exception for corridor rating (1018.1, exception 1).
• The one-hour wall between the daycare room and room 4 offers additional isolation between the renovated area and the rest of the building.
• The corridor is 10 feet wide between the classrooms and has 3 exit discharges with direct access to grade.
• The calculated occupant load for the building is decreased by 56 occupants by the renovation. The calculated occupant load exiting through the corridor is reduced by 80 occupants by the renovation.
• The new exterior exits from the daycare rooms are the preferred exits for these rooms. Provided these exits can be used in an emergency, the occupant load using the corridor is further reduced from the calculated occupant load.
• The actual occupant load is less than 20 occupants per room at full capacity, typically less than 10. The existing rooms are used for administration and counseling, with one-on-one instruction, and not used as lecture rooms except for room 2. The daycare rooms will have a maximum of 12 children per room, with three to four providers.

The building is brought closer to compliance with code provisions than the existing building per section 3404.1, alterations.

--THE ORIGINAL APPEAL DECISION WAS AS FOLLOWS--:

APPEAL DECISION

  1. Partial Upgrade of Corridor to Fire-Resistive Standards: Granted as proposed. This decision is granted for the use and configuration as detailed in this appeal. Any change in use or configuration will require reconsideration of this appeal.

2a. Maximum Occupant Load in Classrooms 1-4 with One Egress Door: Granted as proposed and provided a maximum occupancy load sign for 49 occupants is posted in each room. This decision is granted for the use and configuration as detailed in this appeal.
2b. Maximum Occupant Load in Daycare Classrooms 5 and 6: Granted as proposed, provided a maximum of 8 children are cared for in each room.

1. Partial Upgrade of Corridor to Fire-Resistive Standards: Granted as proposed. This decision is granted for the use and configuration as detailed in this appeal. Any change in use or configuration will require reconsideration of this appeal.

2a. Maximum Occupant Load in Classrooms 1-4 with One Egress Door: Granted as proposed and provided a maximum occupancy load sign for 49 occupants is posted in each room. This decision is granted for the use and configuration as detailed in this appeal.

2b. Maximum Occupant Load in Daycare Classrooms 5 and 6: Granted as proposed, provided a maximum of 12 children are cared for in each room.

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.

Appeals | Portland.gov (2024)
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