City letter dated 1-25-08.pdfInc 15911
Mr. Keith Soltner
CITY OF EDMONDS
121 5TH AVENUE NORTH • EDivONDS, WA 98020 - (425) 771-4220 • FAX (425) 771-0221
Website: www.d.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
Planning - Building - Engineering
SGA Soltner Group Architects
13;3 North Northlake Way, Suite A
Seattle, Washington 98103
RE- Third Avenue Plaza @ 120 Third Avenue South
Dear Mr. Soltner,
GARY HAAKENSON .
MAYOR
January 25, 2008
The City is in receipt of your request for modification on the second floor enclosed exit balcony
violation (although at the October 31, 2007 meeting you agreed to submit an Alternate Design
request). Please note that a modification request is not applicable to this situation as the 2006 CBC
Commentary states, `this section is not intended to permit setting aside or ignoring a code provision;
rather it is intended to provide acceptance of equivalent protection. Such modifications do not,
however, extend to actions that are necessary to correct violations of the code. In other words, a code
violation or the expense of correcting one cannot constitute a practical difficulty.'
A stamped and signed request for alternate design pursuant to IBC 104.11 must be submitted by your
office on behalf of the Third Avenue Plaza HOA. Attached please find Building and Fire comments
based on the 1/14/08 request, please respond in writing to all corrections and supplement the request as
necessary for an alternate design.
The Vice President of the Third Avenue Plaza HOA, Mr. Alfred F_ Ottaviano has provided copies of
previous City code enforcement action against a former building owner with specific regard to this
violation that your firm is attempting to resolve. It is unknown if Mr. Ottaviano has the complete
correspondence but clearly the HOA was aware of the prior code enforcement action. The City has
also researched files and found that the original certificate of occupancy for the building was issued on
February 24, 1995 (copy enclosed) and the first City correction notice for this violation was posted on
12/20/95, approximately ten months after occupancy was granted (copy enclosed)_ It is the City's
position that the second floor was altered sometime after occupancy was granted.
For clarification, on Page Two third paragraph of your letter; the City issued an Order to Correct
Violation Notice to the former building owner on August 17, 1998, the corrective actions required
were based on an August 5, 1997 sheeting with the owners' Architect_ This Architect failed to
adequately supplement the request in order for the City to approve it. Enclosed for your information
are copies of the submittal letter and City responses. The building owner then retained a new Architect
who submitted a proposal on February 5, 1999. This application also was not adequately
supplemented and thus not approved by the City. Enclosed for your information are copies of the
submittal letter and City responses.
• Incorporated August 11, 1890 '
Sister City - Hekinan. Japan
Mr. Soltner
Page Two
January 25, 2008
Alternate design requests are project/design specific and are reviewed under the current adopted code
provisions (in your case the 2006 edition of the State adopted Codes) please correct your future
submittal to reflect the correct adopted code version. What may have been a satisfactory proposal to
the City in 1997 (code effective at that time 1994 edition of the Uniform Building Code) may or may
not be arguable under the 2006 codes. As 'the Architect it is your responsibility to show that the
proposed design is satisfactory and complies with the intent of the provisions of the code and is
equivalent in quality, strength, effectiveness, fire resistance, durability and safety.
Also, it is permissible for the request to state what is shown on the original approved plans (as an
example, the approved plans indicate the exterior walls of the original westerly exit balcony area near
the interior sleeping rooms to have one layer of 5/8" type x gypsum) it is the City's position that the
building was originally built to the approved plans.
Lastly, building permit application BLD2006-0991 (for the re -roof) expired on August 29, 2007. The
owner is required to file a new permit application (re -roof and work proposed under the alternate
design request) with the necessary review fees, please contact Theresa Umbaugh, Senior Permit
Coordinator at 425-771-0220 extension 1261 if there are any questions.
Sincerely,
Jeannine L. Graf
Building Official
Cc: Alfred F. Ottaviano, Vice President Third Avenue Plaza HOA
Duane V. Bowman, Director Development Services
John Westfall, Fire Marshal
Ann Bullis, Assistant Building Official
Date: January24, 2008
To: Jeannine Graf, Building Official
From: John Westfall, Fire Marshal (425) 771-0213
Subject: Modifications Request for Third Ave Plaza Safety Upgrades.
The Fire Department provides the following comments regarding the proposed Safety Upgrades
Letter dtd 1114108 from Mr. Keith Solter
1. Applicant identifies financial concerns without justifiable practical difficulties for modifications in
lieu of applying minimum building code requirements.
2. Applicant has altered building as constructed and approved under 1991 UBC by obstructing
dwelling exits and confounding fire department rescue arrangements.
3. IBC requires all residential occupancies to be sprinklered throughout the structure. Partial fire
protection systems as presented by Uniform Codes have been improved upon due to risk of fires
developing in areas unprotected by sprinklers can overwhelm systems installed in only portions
of buildings.
4. Proposed systems and upgrades presented by applicant intended to improve safety and reduce
hazards by meeting IBC requirements do not account for an important component of the safety
design, that of the installation of an automatic fire sprinkler system throughout the building.
5. Local justification for the minimum IBC code requirements are highlighted by two separate
incidents in 8 years. Mountlake Terrace experienced a double fatality on 8115105 where boys, 4
y.o. and 6 y.o. were killed in an unprotected multi -family dwelling. Edmonds experienced a
double fatality on 12/26/00 where a young couple were killed in an unprotected multi -family
dwelling.
The proposal does not meet the minimum requirements and will not be a safe alternative to a)
returning building conditions to that as approved under 1991 UBC; or b) upgrading to NFPA 13 or
13R automatic fire sprinkler systems throughout the structure to meet 2006 IBC.
City of Edmonds Sb Office of Fire Marshal
o F,1 City of Edmonds
PLAN REVIEW COMMENTS
BUILDING DIVISION
est. 1 X90 (425) 771-0220
DATE: January 24, 2008
TO: Keith Soltner
Soltner Group Architects
1333 N. Northlake Way, Suite A
Seattle, WA 98103
FROM: Ann Bullis, Assistant Building Official
RE: Third Avenue Plaza Request for Modification
Project Address: 120 3rd Ave South
The following are comments regarding the request for modification:
1. Provide dimensioned floor plans showing existing conditions to support your "analysis of the
second floor existing conditions" so these items can be verified.
2. The letter references the 2006 IBC for the request for modification, yet references code sections
from the 20031BC. Please clarify/coordinate. The code references in this comment letter are
from the 2006 IBC, which is the current City adopted building code.
3. IBC Table 1017.1 footnote c requires buildings to be sprinkled throughout to qualify for 0.5
hour fire resistive rated corridors. As previously discussed, this building is not sprinkled
throughout.
4. Explain what investigation you have done to verify corridor and stair enclosure fire resistive
construction.
5. Explain what is meant by the 3 unit pod. The calculation for minimum separation of exits must
be for the entire 2nd floor. Exits must be placed a distance apart equal to not less than one-half
of the length of the maximum overall diagonal dimension of the 2nd floor of the building (IBC
1015.2.1). Clearly show on the plans.
6. Provide dimensioned floor plans showing/demonstrating the proposed modifications to be made
as noted in your letter so staff can review.
7. Explain your reasoning for each of the proposed "upgrades", and support with code sections,
calculations, etc. How is your proposal meeting the intent and providing equivalency to the
code?
8. Explain and show on the plans how "smoke barriers" will be installed on the basement and first
floor elevator openings (see IBC 709 for smoke barriers and 702 for definition of smoke
barrier), and why are they only to be installed at the basement and first floors.
9. How large is the exhaust fan to remove smoke; where is it located; where is the smoke detector
located; is one smoke detector adequate; what is the basis for the smoke removal design (see
IBC 909 for smoke control systems)?
10. See Fire Marshal comments regarding automatic sprinkler system