Appeal 23963
Appeal Summary
Status: Decision Rendered
Appeal ID: 23963
Submission Date: 8/13/20 9:16 AM
Hearing Date: 8/26/20
Case #: B-001
Appeal Type: Building
Project Type: residential
Building/Business Name: BLUE MOUNTAIN POOLS INC.
Appeal Involves: Erection of a new structure
Proposed use: SWIMMING POOL
Project Address: 1546 S Military Rd
Appellant Name: STEPHEN HANSEN
LUR or Permit Application #: Permit 20-157963-RS
Stories: 0 Occupancy: TEMPORARY Construction Type: CONCRETE
Fire Sprinklers: No
Plans Examiner/Inspector: Peter Drake
Plan Submitted Option: pdf [File 1] [File 2]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | APPENDIX G. (AG. 105 AND 105.2) |
|---|---|
| Requires | The code requires that pools and spas have a fence as a barrier for the swimming pool. |
| Code Modification or Alternate Requested | Blue Mountain Pools Inc. proposes the use of the COVERSTAR Automatic Pool Cover as the barrier for the swimming pool. |
| Proposed Design | Coverstar automatic pool covers are UL listed (E164833) and comply with ASTM STANDARD F 1346-91. They meet the international as well as National requirements for pool/spa barriers. This cover is electric and completely covers the pool . It is also lockable requiring a key to open. The material used for the cover itself is very strong and can withstand the weight of 4 average size men standing on it with the pool full of water. |
| Reason for alternative | Coverstar automatic pool covers are a superior method of protection around a swimming pool due to the strength of the material, it's lockable feature and it's simplistic design. This cover, which is not cheap or inexpensive, gives the owner the ability to leave the residence with the peace of mind that the pool cannot be in their absence. The purpose of this appeal is also to save our customer the cost of installing a fence when the automatic cover is recognized internationally and nationally as an approved barrier. Blue Mountain Pools has successfully used the Alternate Materials Application in Washington and Clackamas counties as well as the State of Washington for the last year achieving approval of the building officials. |
Appeal Decision
Use of automatic pool cover in lieu of 48 inch fence as barrier around swimming pool: 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 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.