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The City of Portland, Oregon

Development Services

From Concept to Construction

Phone: 503-823-7300

Email: bds@portlandoregon.gov

1900 SW 4th Ave, Portland, OR 97201

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APPEAL SUMMARY

Status: Decision Rendered
Appeal ID: 22048 Project Address: 8050 NE Flanders St
Hearing Date: 10/30/19 Appellant Name: BOB SCHATZ / MELISSA MOLINE
Case No.: B-005 Appellant Phone: 503.235.8585
Appeal Type: Building Plans Examiner/Inspector: Kent Hegsted
Project Type: commercial Stories: 3 Occupancy: R-2 Construction Type: V-B
Building/Business Name: Fire Sprinklers: Yes - NFPA13
Appeal Involves: Erection of a new structure LUR or Permit Application No.: 19-215818-CO
Plan Submitted Option: pdf   [File 1] Proposed use: 6 UNIT APARTMENT

APPEAL INFORMATION SHEET

Appeal item 1

Code Section

705.2 BALCONY PROJECTIONS

Requires

MAXIMUM PROJECTION ALLOWED IS BASED ON DISTANCE FROM WALL TO FIRE SEPARATION LINE (24"+8" PER FOOT OVER 3')

Code Modification or Alternate Requested
Proposed Design

PROPOSED DESIGN COVERED BALCONIES WITH OPEN GUARDRAILS PROJECTING TOWARD THE PROPERTY LINES. THIS APPEAL IS FOR ALL OF THE EXTERIOR BALCONIES.

Reason for alternative

THE PROPOSED ALTERNATE WILL PROVIDE MORE DESIRABLE PRIVATE OUTDOOR SPACES BY BEING MORE OPEN AND ALLOW MORE LIGHT INTO THE INDIVIDUAL UNITS. THE PROPOSAL IS CONSISTENT WITH THE 2018 IBC WHICH WILL ALLOW PROJECTIONS OF A MINIMUM OF 40" WHERE THE FIRE SEPARATION DISTANCE EXCEEDS 5' TO THE FIRE SEPARATION LINE. PROJECTIONS ARE TO BE A MAXIMUM OF 60". THE STRUCTURE IS SPRINKLED PER NFPA 13 STANDARDS.
A SIMILAR APPEAL WAS GRANTED ON 6/13/18: APPEAL ID #18056 & 3/13/19: APPEAL ID #20109

Appeal item 2

Code Section

705.8.6.2

Requires

OSSC 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 3/4 hour when these openings are less than 15 feet 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. 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 fire­resistance 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 fire­resistance rated roof assembly shall also have a fire­resistance 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).

Code Modification or Alternate Requested
Proposed Design

The proposed new building is a type 5b, 3 story, 6 unit apartment and will be equipped with a fully automated fire sprinkler system. The north wall is located 6’-0” from the assumed property line. There is an adjacent existing house on the property to the North (10’ from building to building).
The proposed windows in the new structure are non­rated, fixed and operable fiberglass windows. The new structure has some ground floor windows and second floor windows that fall within the area specified by ossc705.8.6.2. The proposed design is to provide a Fire Sprinkler above the inside surface each window opening in the affected area in lieu of rated window assemblies.
Provision of an additional fire sprinkler on the inside of each of these windows will provide equivalent protection to the required 3/4­hour rating.

Reason for alternative

The allowed maximum opening percentage for the building along the north elevation are 25%, per story, for unprotected openings with a fully Sprinklered building (in accordance with Section 903.3.1.) based on our separation distance from the property lines. The proposed project is under the allowable percentage of the base code requirements.
We believe that providing additional sprinkler heads to protect the window openings as well as having non-operable windows in these locations will provide the equivalent fire protection as the fire­rated windows.
This type of appeal has been approved previously; some examples are Appeal IDs 16852, 16438 & 16932.

APPEAL DECISION

1. Porch and deck projections with minimum 40 inch fire separation distance from property line per 2018 ICC: Granted as proposed.

2. Type 13 water curtain sprinkler protection at non-fire rated 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 from the Fire Marshal’s Office is required.

Note: This decision doesn't grant any mechanical openings within the area being appealed.

Appellant may contact John Butler (503 823-7339) with questions.

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 90 calendar days of the date this decision is published. For information on the appeals process, go to www.portlandoregon.gov/bds/appealsinfo, call (503) 823-7300 or come in to the Development Services Center.