Appeal 16346
Appeal Summary
Status: Decision Rendered
Appeal ID: 16346
Submission Date: 1/11/18 2:30 PM
Hearing Date: 1/17/18
Case #: B-008
Appeal Type: Building
Project Type: commercial
Building/Business Name: 57th & Burnside
Appeal Involves: Erection of a new structure
Proposed use: Multi-Family Apartment
Project Address: 5710 E Burnside St
Appellant Name: Spencer Deinard
LUR or Permit Application #: Permit 17-239563-CO
Stories: 4 Occupancy: R-2, M, S-1 & S-2 Construction Type: 3 stories V-A over 1 story I-A
Fire Sprinklers: Yes - Throughout
Plans Examiner/Inspector: Geoff Harker
Plan Submitted Option: pdf [File 1] [File 2] [File 3]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 705.8.6.2 |
|---|---|
| Requires | 705.8.6.2 Vertical exposure for buildings on separate lots. When a new building is to be erected adjacent to an existing building, all openings in the exterior wall of the new building are required to be not less than 3/4hour when these openings are less than 15 feet (4572 mm) vertically above the roof of the existing building or structure. The opening protections are required where the distance between the buildings or structures is less than 15 feet (4572 mm). When the roof of the new building is at lower elevation from the existing building, the roof construction of the new building shall have a fire-resistance rating of not less than 1 hour for a minimum distance of 10 feet (3048 mm) from the exterior wall facing the new building. The entire length and span of the supporting elements for the fire-resistance-rated roof assembly shall also have a fire-resistance rating of not less than 1 hour. The roof protections are required where the distance between the buildings or structures is less than 15 feet (4572 mm). 705.8.2 Protected openings. Where openings are required to be protected, fire doors and fire shutters shall comply with Section 716.5 and fire window assemblies shall comply with Section 716.6. Exception: Opening protectives are not required where the building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and the exterior openings are protected by a water curtain using automatic sprinklers approved for that use. |
| Code Modification or Alternate Requested | |
| Proposed Design | The northeast corner window of unit #206 and #306 is currently in non-compliance. The proposed design is to provide a water curtain or sprinkler head at these locations in lieu of providing ¾ hour opening protection. See attached exhibits. See Exhibit 1: Unit Floor Plan |
| Reason for alternative | These corner windows are visible from Burnside Avenue and as such are important to the design as well as providing good daylight to Units #206 & #306. Omitting the windows is not desired, and providing ¾ hour protected openings are not as economical as providing adequately located water curtains or sprinkler heads. The building is sprinklered throughout per Section 903.3.1.1. As this appears to be a suitable solution per the exception cited in section 705.8.2, pending Building Code Official approval, an appeal is being pursued at this time |
Appeal Decision
Sprinkler protection at openings in buildings with vertical exposure on separate lots: Granted provided windows are non-operable and sprinklers are spaced not more than 6 feet apart and placed a minimum of 6 inches and a maximum of 12 inches from the opening(s) and a maximum of 12 inches below the ceiling. Sprinklers are to be installed on the occupied side of the openings. A separate permit form the Fire Marshal’s Office is required.
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.