Appeal 13128

Appeal Summary

Status: Decision Rendered - Building Code Board of Appeals, Big Board

Appeal ID: 13128

Submission Date: 3/4/16 1:05 PM

Hearing Date: 3/10/16

Case #: B-001

Appeal Type: Building

Project Type: residential

Building/Business Name:

Appeal Involves: Alteration of an existing structure

Proposed use: Single family home - bathroom

Project Address: 3335 SE 12th Ave

Appellant Name: Ashley Bernatchez

LUR or Permit Application #: Permit 16-121306-RS

Stories: 2 Occupancy: 2.5 Construction Type: Single family home

Fire Sprinklers: No

Plans Examiner/Inspector: Steven Kass

Plan Submitted Option: pdf   [File 1]

Payment Option: mail

Appeal Information Sheet

Appeal item 1

Code Section

13080

Requires

In bathrooms with sloped ceilings, not more than 75 percent of the floor area is permitted to have a ceiling height less than 6/8" provided an area of 21" deep by 24" wide in front of toilets and lavatories has a minimum height of 6'4" measured from the finished floor.

Code Modification or Alternate Requested
Proposed Design

The proposed design (implemented in 1990 by previous owner) has the toilet sitting under the sloped ceiling. Measuring from center of toilet, the ceiling height clearance is 6'6". Measuring to the right of the toilet, the head clearance is 6', to the left it is 7'2". So, the ceiling height to the right of the toilet does not meet the minimum clearance requirement of 6'4" measuring 24" wide in front of the toilet.
Plans and photos are included in the PDF.

Reason for alternative

Since the toilet is entered straight on and the sloped ceiling is visible to the person, the 6'6" is more than adequate clearance to access the toilet from the front, which is the typical access point. The person has adequate space to turn around and become seated on the toilet, whereupon they have more than sufficient head clearance in the seated position. Unfortunately to place the toilet on the back wall would further impede the headroom clearance in accessing the toilet and would be less desirable. Moving the toilet anywhere else would require a complete (and wasteful) bathroom remodel. The toilet head clearance has been in this current state since 1990 and there have not been any reported issues to my knowledge. I have used the toilet myself very comfortably on multiple occasions.

Appeal Decision

The Building Code Board of Appeal met on March 10, 2016 and the following decision was reached:

Substandard headroom at sloped ceiling above toilet: Denied.

Decision: Unanimous

Board Members: Sam Rodriguez, Dave Spitzer, and Jennifer Alger

Pursuant to Oregon Revised Statutes 455.690, you may appeal this decision to the appropriate State of Oregon advisory board within 30 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, contact the Oregon Department of Consumer and Business Services, Building Codes Division.