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APPEAL SUMMARY

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 Appellant Phone: 503-234-2233
Appeal Type: Mechanical Plans Examiner/Inspector: Thomas Ng
Project Type: residential Stories: 1 Occupancy: R Construction Type: Type V
Building/Business Name: 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

Code Section

M1503.1, 1503.3, 1503.4

Requires

M1503.1 General. Range hoods shall discharge to the outdoors through a single-wall duct.

M1503 - Range Hoods
Requires M1503.3 Clearance. Overhead exhaust hoods shall be constructed of metal, not less than 0.016 inch (0.4mm) (No. 28 gage). A clearance of at least 24 inches (610 mm) shall be maintained between the cooking surface and any combustible material above.

M1503.3 Clearance ... A clearance of at least 24 inches shall be maintained between the cooking surface and any combustible material above.
Exceptions:
1.Combination microwave oven / ventilating hoods installed in accordance with Section M1 504.1.

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
Requires M1503.3 Clearance. Overhead exhaust hoods shall be constructed of metal, not less than 0.016 inch (0.4mm) (No. 28 gage). A clearance of at least 24 inches (610 mm) shall be maintained between the cooking surface and any combustible material above.

Code Modification or Alternate Requested
Proposed Design

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.

  1. The Oregon Residential Specialty Code does not define what is a ‘range”. Per Merriam-Webster, a range is “a cooking stove that has an oven and a flat top with burners or heating elements”. The installed 120-V two element unit is NOT a range and there is NO oven.
  2. The installed unit has only (2) 120V elements with a plug-in connection (no hardwiring required).

The output for of the two element is 900 watts and 500 watts.
This is similar to typical plug-in kitchen appliances, all of which DO NOT require a range hood per code (but could still generate heat, fumes and/or moisture).
hotplate 1200 watts
waffle iron 1200 watts
coffeemaker 800 watts
toaster 800-1500 watts
microwave 600-1500 watts

  1. The manufacturer’s installation instructions and manual for this 120-V two element unit does NOT require a rangehood.
  2. All appliances in the ADU addition are electric – there are NO Gas burning appliances, thus no combustion products in atmosphere.
  3. A ceiling exhaust fan has been installed in the ADU bathroom, adjacent to the location of the cooking element. Free air circulates between these two spaces, with a large door transom between the two. Air and moisture from the very small 200 SF overall ADU addition would be pulled through this exhaust system.
  4. The code does not specifically note a maximum clearance between a cooktop and hood. The open transom between the kitchen and bathroom acts a ‘grill’ which would pull air/ moisture from the heating or cooking surface into the bath exhaust location and thru the exhaust fan duct to the exterior.
  5. Operable windows and an operable door are located adjacent to the location of the cooking surface, only 5 feet away. These can be opened as needed to remove any additional moisture or odors.

APPEAL DECISION

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.