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X2019-2738 - Alternative Material & Methods
,ra(;WPp T^3 0 _ S9L/FOnNX S 5® San C R� rv�4�r "fir `fio CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT r� BUILDING DIVISION 100 Civic Center Drive I P.O. Box 1768 1 Newport Beach, CA 92658-8915 www.newoortbeachca.eov (949) 644-3200 CASE NO.: ❑ REQUEST FOR MODIFICATION TO PROVISIONS OF TITLE 9 (FIRE CODE) OR TITLE 15 (BUILDING CODE) 0 HE NEWPORT BEACH MUNICIPAL CODE ee Reverse for Basis for Approval) (Fee $304) REQUEST FOR ALTERNATE MATERIAL OR METHOD OF CONSTRUCTION (See Reverse for Basis for Approval) (Fee $304) ❑ REQUEST FOR EXEMPTION FROM DISABLED ACCESS DUE TO PHYSICAL OR LEGAL CONSTRAINT (Fee $1,692) (Ratification by the Board of Appeals will be required.) For above requests, complete Sections 1, 2 & 3 below by printing in ink or typing. JOB ADDRESS: SITE ADDRESS: 850 San Clemente Drive Owner Vivarue Newport Center, LLC Address 1 MacArthur Place, Suite 300 Santa Ana, CA Zip 92707 Daytime Phone ( 714 ) 546-5600X220 8 OF FOR STAFF USE ONLY Plan Check # #1950-2019 # of Stories 6 Occupancy Classification Use of BuildingRCFE(residential care%# of Units 99 Project Status Plan Check Review for Building Permit Construction Type 1-A Verified by ' No. of Items Fee due T'S �n DISTRIBUTION: I ❑ Owner Plan Check• Petitioner ❑ Inspector Fire ❑ Other Petitioner Jeffrey S. Grove (Petitioner to be architect or engineer) Address 376 E. Warm Springs, #210 Las Vegas, NV Zip 89128 Daytime Phone ( 702 ) 699-5391 of attached letter here: CODE SECTIONS: on w mmn genie,,, man i Residents in the memory care wing of an RCFE need to have a higher level of safety and security. Position Petitioners .1.. Technical Fellow .xmmr a. cAw. v.s. rae'Oo":•`.m�'., SignaWra -_ � CA Professional UC. # FP 1312 Date Julv 22.2020 FOR STAFF USE ONLY - DEPARTMENT ACTION: In accordance with: ❑ CBC 104.11/CFC 104.9 ❑ CBC 104.10/CFC 104.8 (Alternate materials & methods) (CBC Modification) AConcurrence from Fire Code Official is required. 114 Approved ❑ Disapproved ❑ Written Co mmentnts Attached By: Date ❑ Request (DOES) (DOES NOT) lessen any fire protection requirem nts. Ir� ❑ Request (DOES) (DOES NOT) lessen the structural integrity I The Request is - Granted ❑ Denied (See reverse for ❑ Granted (Ratification required) appeal information) Print Name77CCA./ APPEAL OF DIVISION ACTION TO THE BUILDING BOARD OF APPEALS (See Reverse) (Signature, statement of owner or applicant, statement of reasons for appeal and filing fees are required.) rbc CASHIER RECEIPT NUMBER: "'� <J ''' i Forms\mgdif 12/17/19 JENSEN HUGHES REQUEST FOR ALTERNATE METHOD Under Section 1.8.7 of the CBC VIVANTE ASSISTED LIVING Newport Beach, California Emergency Escape and Rescue Openings Introduction: The Vivante Assisted Living project is to be a six -story building plus basement level of Type I -A construction. The building will be provided with complete automatic sprinkler protection (utilizing quick response sprinklers), manual wet Class I standpipes, fire detection and alarm system, emergency voice communication system and a fire department communication system. The building is an R-2.1 occupancy and is utilizing the non -separated mixed-use provisions of California Building Code (CBC) Section 508.3. A minimum of two (2) smoke compartments, separated by one-hour smoke barriers, are provided on Levels 1 - 6 such that the maximum travel distance is less than 200 -feet to a smoke barrier. High-rise provisions of the CBC are not applicable to this project Code References: Section 1030.1 of the 2016 California Building Code (CBC). Code Requirement: In addition to the means of egress required by Chapter 10 of the CBC, emergency escape and rescue openings (EEROs) are required within Group R occupancies. Basements and sleeping units below the fourth story shall have at least one EERO in accordance with Section 1030.1 of the CBC. Code Intent: To provide an additional means from these types of occupancies. Request: To utilize Section 1030.1 of the 2019 CBC. Justification: The 2018 International Building Code (IBC), for which the 2019 CBC is based, only requires EERO for R-2 occupancies with a single exit, as well as R-3 and R-4 .� -1 702-6N 5394 _as -•i syas. TN 39H9 USA jensenhughes.com VIVANTE ASSISTED LIVING EMERGENCY ESCAPE & RESCUE OPENINGS 1JSG18141 -Page 2 August 14, 2020 occupancies. The referenced section of the 2019 CBC stipulates the same requirements, that they are only needed as referenced above. In August of 2018, the State of California, Building Standards Commission issued a "45 -Day Statement of Reasons for Proposed Building Standards of the Office of the State Fire Marshal Regarding the 2019 California Code of Regulations, Title 24, Part 9", Emergency Escape and Rescue Openings (EERO) are specifically recommended to not be provided for R-2.1 occupancies. That document, states in part, on pages 22-23: The Office of the State Fire Marshall is proposing modifications to the 2019 California Building Code, Section 1030.1 to meet the intent of the Health and Safety Code, Section 1531.15, which allows a secure perimeter to be maintained for Residential Care Facilities for the Elderly (RCFEs) housing residents with Alzheimer's Disease or other dementia. The 2019 California Building Code, Section 1030.1. is intended to define operational constraints for emergency egress openings required by Section 1030.1. However, in an RCFE, R-2.1 Occupancy Group serving residents with Alzheimer's Disease or other dementia, safety is being compromised because of the emergency egress openings required by CBC Section 1030.1. Emergency egress openings in the form of operable windows significantly elevates the risk to the safety and security of memory care residents living in an RCFE. CBC, Section 1030.1. requires that resident sleeping room windows remain operable and completely openable, so residents may exit the building through the windows and at their own accord in the case of an emergency. Though appropriate for R-2 occupancies, this strategy relies on the resident or occupant being cognitively intact and possessing the judgment to act in an emergency. Non-ambulatory and/or Bedridden residents allowed to occupy an R-2.1 occupancy group are considered by the Code to not have the VIVANTE ASSISTED LIVING EMERGENCY ESCAPE & RESCUE OPENINGS 1JSG18141 -Page 3 August 14, 2020 cognitive capacity and judgment to exit the building without assistance. The Code requires tire and life safety upgrades in R-2.1 Occupancies to protect non- ambulatory and bedridden residents, who reside within. Additionally, The Health and Safety Code, Section 1531.15 allows a secure perimeter to be maintained for memory care residents. Emergency egress openings provide a breach in the secured perimeter. Emergency egress openings required by CBC, Section 1030.1. are inappropriate for an RCFE serving memory impaired residents and should be revised to exclude the specific application to licensed RCFEs housing or serving residents with Alzheimer's Disease or other dementia. The current Code does not fully consider the implications caused by allowing a breach in the secure perimeter legislated to protect mentally frail residents living in an RCFE. An operational constraint, which restricts the window opening in sleeping rooms is allowable in R-1 Occupancy Groups irrespective of construction type. The fire and life safety requirements for R-1 Occupancy Groups and building standards are less stringent than those required by R-2.1. Section 1030.1 should be revised to specifically include the application to licensed residential care buildings housing residents with Alzheimer's Disease or other dementia. The Code has failed to fully consider the implications caused by allowing a breach in the secure perimeter protecting mentally frail residents living in a residential care facility. Allowing the window openings to be limited to 4" will significantly reduce the risk of elopement or fall related injury to RCFE residents. Therefore, as part of the development and adoption of the 2019 CBC, it was recognized the inherent life safety hazard presented to RCFE residents if EEROs were to be provided within their sleeping units. N VIVANTE ASSISTED LIVING EMERGENCY ESCAPE & RESCUE OPENINGS 1 JSG18141 - Page 4 August 14, 2020 All of the units within the facility are provided with a minimum of two (2) means of egress, the building is fully sprinklered per IBC Section 903.3.1.1 (NFPA 13) and an enhanced (e.g., emergency voice communication system) fire detection and alarm system is provided. Summary: This request provides a level of protection and safety that meets the intent required by Code. As such, we respectfully request your approval. Upon approval, this document will become a part of the Fire Protection Report for the Vivante Assisted Living project. Prepared by: Q�©FE81- / JENSEN HUGHES, INC. Jeffrey S. Grove, P.E. FSFPE Technical Fellow JSG/CMTJ9 1JSG18141 - Vvante Assisted Living -Newport Beach/3.O AMMRs & Amendments/2020.08-14 - AMMR for EERO.doc Date