Appeal 13661

Appeal Summary

Status: Decision Rendered

Appeal ID: 13661

Submission Date: 6/24/16 6:17 PM

Hearing Date: 6/29/16

Case #: B-11

Appeal Type: Building

Project Type: residential

Building/Business Name: Duplex units 3/4

Appeal Involves: Erection of a new structure

Proposed use: Duplex / Bike Storage

Project Address: 5958 SE 60th Ave

Appellant Name: EUGENE SOBOL

LUR or Permit Application #: LUR

Stories: 2 Occupancy: R-3, S-2 Construction Type: DUPLEX

Fire Sprinklers: No

Plans Examiner/Inspector: Renay Radtke-Butts

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

R 101.2

Requires

To comply with Planning and Zoning Requirements Long Term Bike Storage had to be created.
Under residential code R101.2 common area for all 4 units is not allowed.

Code Modification or Alternate Requested
Proposed Design

The proposed Long Term Bike Storage, see P.19, will be constructed using 1 Hour Fire Rated assembly at exterior wall and 1 Hour Fire Rated Assembly with min SDC of 50 for interior walls and ceiling. Please see details of all fire rated assemblies on P.9.

Exterior fire wall assembly:
Design Reference: UL U305, U337, WHI 495-0702, GA WP 5515
Per exterior fire rated assembly: 5/8” DensGlass Fireguard sheeting will be applied to exterior wall with 1-3/4” galvanized roofing nails 7” o.c. for all framing members. Exterior surface will be covered with Hardy Lap siding over WRB. On interior side, 5/8” Fireguard X Tough Rock will be applied vertically or horizontally to studs with 1-7/8” 6D coated nails 7” o.c.

Interior fire rated assembly # 4:
This assembly designed for 1 hour fire rating with 50-54 STC Sound Trans.
Design Reference: UL U309, cUL U309, GA WP 3243
Sound Tested with 3-1/2” (89 mm) fiberglass insulation. Resilient channels 24” o.c. attached horizontally on one side of 2” x 4” wood studs 24” o.c. with 1-1/4” Type S drywall screws. One layer 5/8” (15.9 mm) ToughRock® Fireguard X™ applied horizontally to channels with 1” Type S drywall screws 8” o.c. with vertical joints located mid way between studs. 3” mineral or glass fiber insulation in stud space. Opposite side: one layer 5/8” (15.9 mm) ToughRock® Fireguard X applied horizontally or vertically to studs with 6d cement coated nails, 1 7/8” long, 0.0915” shank, 15/64” heads, 7” o.c. Vertical joints staggered 24” on opposite sides.

Ceiling fire assembly # 2.
This assembly designed for 1 hour fire rating with 50 STC.
Design Reference: TSA/FCA 60-10
Toping ( Optional) over min 3/4” Waferboard over Truswal metal truss plates with structural graded chords and webs as per NLGA grading rules and having a minimum depth of 10” and spaced to a maximum of 24” o.c. for floor/ceiling system. Gypsum Board - 2 layers of 5/8” Type X wallboard. Base layer to be installed with long dimensions perpendicular to supports and 6” on center on supports at but joints. Face layer installed with long dimention perpendicular to supports and edges staggered 24” from base layer and joints. Face layer fastened with 2-1/4” Type W screws located minimum 12”o.c. on intermediate support and 8” o.c. on end butt joints.

Reason for alternative

According to plan examiner structural check sheet a common area for all units is not allowed under residential code R101.2
By encapsulating long term bike storage in 1 hour fire rated assembly on ceiling, exterior and interior wall, particular area can be created, not sacrificing tenant safety. This will promote/allow occupants to maintain healthy life style without worrying about safety of the equipment.

Appeal Decision

Common storage serving 4 dwelling units located in Duplex: Granted provided signage is posted stating "Bike Storage Only", and construction assemblies proposed match the listed 1 hour fire rated construction.

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.