|Status: Decision Rendered
|Appeal ID: 14783
|Project Address: 1123 SE Harney St
|Hearing Date: 3/22/17
|Appellant Name: Ellen Burr, Mark Wilson
|Case No.: M-004
|Appeal Type: Mechanical
|Plans Examiner/Inspector: Thomas Ng
|Project Type: residential
|Stories: 1 Occupancy: R Construction Type: Type V
|Fire Sprinklers: No
|Appeal Involves: Addition to an existing structure
|LUR or Permit Application No.: 16-239870-RS
|Plan Submitted Option: pdf [File 1] [File 2]
|Proposed use: not given
APPEAL INFORMATION SHEET
Appeal item 1
M1503.1, 1503.3, 1503.4
M1503.1 General. Range hoods shall discharge to the outdoors through a single-wall duct.
M1503 - Range Hoods
M1503.3 Clearance ... A clearance of at least 24 inches shall be maintained between the cooking surface and any combustible material above.
M1503.4 Kitchen exhaust rates. Domestic kitchen cooking appliances shall be equipped with a ducted range hoods or down-draft exhaust systems...
M1503 - Range Hoods
|Code Modification or Alternate Requested
The proposed small (210 SF) attached ADU project, replacing an existing attached garage, was built per the approved and permitted plans. This attached ADU design was permitted and approved by the City of Portland prior to start of construction without the requirement for a range hood vented to the exterior. At that time, an electric cooktop was shown on the permitted plans.
At no time during construction was it conveyed that a range hood would be required, and all other City inspections were approved during the construction progress. Only at the final inspection, did an inspector indicate that final approval would not be allowed without the installation of a ducted range hood to the exterior.
Given that the ADU unit is now constructed, there is no easy way to simply vent to the exterior, given the design, and roof skylight in this area.
The ADU studio addition is compact and small, only 210 square feet. An 80 CFM exhaust fan has been installed in the bathroom, only 5 feet away from the location of the 120-V two element ‘cooking’ unit, and the door to the bathroom itself is not sealed. Operable windows (for cross and thru ventilation) and swing doors have been provided throughout the addition, on the three sides of the addition, including in the bathroom and adjacent to the 120-V two element unit, providing many opportunities for additional ventilation and moisture removal, if necessary.
We are proposing to leave the design as built and additionally NOT install the glass in the transom between the Bath and Cooking/ Studio area as originally planned. This would allow the bathroom to be more open to the kitchen / studio room for air circulation and provide an additional 6 SF opening in the wall above the door between the two spaces.
Appeal #7941 was previously approved to allow an exhaust fan installed 7’-0” (further than proposal before you) from a range in a high wall to meet the standards of 1503 for a very large, primary residence kitchen with appliances and cooktops with much higher heat, fumes and moisture outputs. The code (M1503.3 Clearance) does NOT specifically note a maximum clearance between an appliance or unit and its ventilation.
If the design as permitted, approved, and built without the range hood is not allowed, then request the following proposed alternates:
In addition to above, Alternate #2 would include the installation of an additional, minimum 4”x6” thru-wall transfer grill, above the 120-V two element unit (up high on wall) that allows the exhaust fan already installed in the WC to pull any moisture into the WC and through the existing bath fan that vents to the exterior. This would increase the volume of openings between the two spaces.
If Alternate #2 if not approved, then request Alternate #3 to be allowed to install a recirculating air hood instead. (See Attached EXHIBIT #). This unit would provide additional air movement.
Appeal #9335, Item 2, was previously approved to allow a recirculating air “hood” instead of a range hood discharging to the exterior. The use of recirculating hoods was within the code for years and it is requested, given the proposed design with many operable windows, doors and minimal (2) 120-V units for cooking, and small 200 SF, that it be allowed in this specific case.
If Alternate #3 is not approved, then request Alternate #4 to be allowed to install a minimum 150 CFM wall fan (vents directly to the exterior) as shown on Exhibit #10B, 5 feet from the cooking area.
|Reason for alternative
1.This small (210 SF) attached ADU project, replacing an existing attached garage, was built per the approved and permitted plans. This attached ADU design was permitted and approved by the City of Portland prior to start of construction without the requirement for a range hood vented to the exterior. At that time, an electric cooktop was shown on the permitted plans. At no time during construction was it conveyed that a range hood would be required, and all other City inspections were approved during the construction progress. Only at the final inspection, did an inspector indicate that final approval would not be allowed without the installation of a ducted range hood to the exterior. Given that the ADU unit is now constructed, there is no easy way to simply vent to the exterior, and given the small footprint of the unit, operable windows and existing ban exhaust fan adjacent, we propose for the design to be approved and final inspection approved without the inclusion of range hood vented to the exterior.
The output for of the two element is 900 watts and 500 watts.
Omission of ducted range hood in Accessory Dwelling Unit: Granted as proposed.
The Administrative Appeal Board finds 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.