Egress over a shared access easement

[formdb]

I'm getting some pushback from our AHJ on this, and I feel like I'm crazy. I'll likely post separately on some other fire rating questions on this particular project, but this question should be pretty straightforward:

The exterior wall of Building 1 is located about 2ft off the property line. The neighboring building, Building 2, is approximately 6ft off the property line. There's approximately 8ft between the buildings. These two property owners plan to record a shared access easement on each other's properties, the entire width of the space between the two buildings. In other words, Building 1 has a ~6ft wide easement from the property line to exterior face of Building 2, and Building 2 has a ~2ft wide easement from the property line to exterior face of Building 1. Would Buildings 1 and 2 be allowed to egress into this shared access 'alley' between the two buildings?

I don't think this is relevant, but there is an 'egress balcony' along this alley that serves the second floor of Building 2. It doesn't interfere with the egress width, aside from a handful of columns near the property line. So the egress balcony creates an 8ft ceiling for the proposed egress path from Building 1, along the alley, and out to the public right of way.

 

[mtlogcabin]

but there is an 'egress balcony' along this alley that serves the second floor of Building 2.

2018 IBC

1021.4 Location.
Exterior egress balconies shall have a minimum fire separation distance of 10 feet (3048 mm) measured at right angles from the exterior edge of the egress balcony to the following:

1. Adjacent lot lines.

2. Other portions of the building.

3. Other buildings on the same lot unless the adjacent building exterior walls and openings are protected in accordance with Section 705 based on fire separation distance.

For the purposes of this section, other portions of the building shall be treated as separate buildings.

 

[classicT]

Well, given the setback to property line, both buildings should have fire resistance rated exterior walls per IBC Table 602. Hourly rating dependent upon distance, construction types, and occupancy.

Given rated exterior walls, I would be particularly inquisitive regarding the building with a FSD of 2-ft. As per IBC Table 705.8, where FSD < 3-ft, openings are flat out not permitted.

 

[classicT]

Oh, and I would also mention that you need to review the following code....

1028.4 Egress Courts​

Egress courts serving as a portion of the exit discharge in the means of egress system shall comply with the requirements of Sections 1028.4.1 and 1028.4.2.​

​

1028.4.1 Width or Capacity​

The required capacity of egress courts shall be determined as specified in Section 1005.1, but the minimum width shall be not less than 44 inches (1118 mm), except as specified herein. Egress courts serving Group R-3 and U occupancies shall be not less than 36 inches (914 mm) in width. The required capacity and width of egress courts shall be unobstructed to a height of 7 feet (2134 mm).​

​

The width of the egress court shall be not less than the required capacity.​

​

Exception: Encroachments complying with Section 1005.7.​

​

1028.4.2 Construction and Openings​

Where an egress court serving a building or portion thereof is less than 10 feet (3048 mm) in width, the egress court walls shall have not less than 1-hour fire-resistance-rated construction for a distance of 10 feet (3048 mm) above the floor of the egress court. Openings within such walls shall be protected by opening protectives having a fire protection rating of not less than 3/4 hour.​

Exceptions:​

1. Egress courts serving an occupant load of less than 10.
2. Egress courts serving Group R-3.

 

[formdb]

Hey @mtlogcabin, thanks for the reply. The egress balcony on the neighboring building (Building 2) was the solution the AHJ offered. It has a 1-hr rated wall/parapet extending 30in above the roofline of Building 1. The permit has already been approved for Building 2, with the egress balcony as I have described. I've included a little exhibit here. @classicT, we would jog the exterior wall back to a minimum 10ft, see exhibit.

However, I don't think the egress balcony would have any impact on the question at hand, right? Which is: can Building 1 egress across a neighboring property, provided they have a legally recorded shared access easement on said neighboring property? Assuming of course that all other provisions of Chapter 10 are satisfied.

 

[mtlogcabin]

can Building 1 egress across a neighboring property, provided they have a legally recorded shared access easement on said neighboring property? Assuming of course that all other provisions of Chapter 10 are satisfied.

Simple answer is yes. Similar to cross easements used in commercial developments for access

Don't forget to look at Section 1027 exterior exit stairs

 

[formdb]

Simple answer is yes. Similar to cross easements used in commercial developments for access

Awesome, that was my understanding as well. I suppose having a recorded access easement doesn't necessarily do anything to define the fire separation distance though, correct? Per the CBC definition, the fire separation distance is measured from ONE of the following:

• The closest interior lot line.
• To the centerline of a street, an alley or public way.
• To an imaginary line between two buildings on the lot.

By recording a legal access easement between the properties, wouldn't we be creating an alley? The Code doesn't seem to speak to how to determine which of those three distances to choose.

 

[mtlogcabin]

wouldn't we be creating an alley?

No not IMHO if it is privately owned. Your local codes (zoning, public works) may have a definition of alley that is different from what I found in the I-Codes

If it meets the definition of Public Way then it may be referred to an alley otherwise it is just an access easement

[A] PUBLIC WAY. A street, alley or other parcel of land open to the outside air leading to a street, that has been deeded, dedicated or otherwise permanently appropriated to the public for public use and which has a clear width and height of not less than 10 feet (3048 mm).

ALLEY. Any public way or thoroughfare more than 10 feet (3048 mm), but less than 16 feet (4877 mm), in width, which has been dedicated to the public for public use.

 

[formdb]

@mtlogcabin Yes, thanks for the reminder. I did look up the Chapter 2 definition of alley at one point, and saw the 'public use' language. So in short, I'm still able to egress into this shared access easement area for a required exit, but the FSD line stays on the property line. I'll post a 'part two' to all this, because there's a more complicated question I have to answer. But wanted to establish this first. Thanks for the help!

 

[Jean Tessmer-HI]

I'm getting some pushback from our AHJ on this, and I feel like I'm crazy. I'll likely post separately on some other fire rating questions on this particular project, but this question should be pretty straightforward:

The exterior wall of Building 1 is located about 2ft off the property line. The neighboring building, Building 2, is approximately 6ft off the property line. There's approximately 8ft between the buildings. These two property owners plan to record a shared access easement on each other's properties, the entire width of the space between the two buildings. In other words, Building 1 has a ~6ft wide easement from the property line to exterior face of Building 2, and Building 2 has a ~2ft wide easement from the property line to exterior face of Building 1. Would Buildings 1 and 2 be allowed to egress into this shared access 'alley' between the two buildings?

I don't think this is relevant, but there is an 'egress balcony' along this alley that serves the second floor of Building 2. It doesn't interfere with the egress width, aside from a handful of columns near the property line. So the egress balcony creates an 8ft ceiling for the proposed egress path from Building 1, along the alley, and out to the public right of way.

ICC generally looks at AMOE (accessible means of egress) as needing to be accumulative with each floors occupancy load. In other words is the total width of the exits wide enough to accept the loads from each floor and is the final outlet not obstructing the calculated today width required for the total number of occupants discharging from the upper floors. Is 24" enough width to meed code required AMOE at the point of discharge? Are the elevators rated at a part of the rated fire exit system with back up power supply? Lots of questions. I am assuming this building covered as needing to be accessible. Engineers usually design the floor loads based on all the occupants going only to one exit since we cannot predict which end of the building will need to be evacuated from. The events that could drive this has expanded exponentially from active shooter, bomb threats, hurricanes, tornados, earthquake, fires.