Appeal 27980

Appeal Summary

Status: Decision Rendered

Appeal ID: 27980

Submission Date: 8/17/22 5:11 PM

Hearing Date: 8/24/22

Case #: B-013

Appeal Type: Building

Project Type: commercial

Building/Business Name:

Appeal Involves: occ Change from residential to residential transient living units,other: Transient, less than 10 occupants

Proposed use: Residence - Transient Living (R3)

Project Address: 1535 SE Cesar E Chavez Blvd

Appellant Name: Will Uebelacker

LUR or Permit Application #: Other

Stories: 2 Occupancy: R-3 Construction Type: V-B

Fire Sprinklers: Yes - NFPA 13D throughout

Plans Examiner/Inspector: Jody Orrison

Plan Submitted Option: pdf   [File 1]   [File 2]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

705.8

Requires

The maximum area of unprotected and protected openings permitted in an exterior wall in any story of a building shall not exceed the percentages specified in Table 705.8 based on the fire separation distance of each individual story. Per 705.8, at 5’ to less than 10’ only 10% of openings are allowed, and from 10’ to less than 15’ only 15% of openings are allowed. A sprinklered building would be allowed 25% from 5’ to less than 10’, and 45% from 10’ to less than 15’.

Code Modification or Alternate Requested

On the north main level wall, we are requesting 19.8% of openings from 5’ to less than 10’, and 12.39% on the upper level. On the south main level we are requesting 10.45% from 5’ to less than 10’, and 16.39% on the upper level at the same distance.

Proposed Design

We are proposing a NFPA 13D sprinkler system throughout the house.

Reason for alternative

Although the proposed NFPA 13D sprinklers do not qualify as “Sprinklered” protection in Table 705.8, they still provide a strong degree of safety, and are more appropriate in a residential setting. Given that the area of unprotected openings is low, and that these are dwelling units with residential use, allowing the openings to remain as-is with the new proposed NFPA 13D sprinkler system sufficiently protects the life and safety of the users. This is not a commercially scaled building and should not have to adhere to the stricter standards of the commercial code. Infilling the windows or replacing them with “Protected” openings would pose an undue and unnecessary burden, reduce north and south facing light, and reduce air ventilation to the users.

Appeal item 2

Code Section

703.2

Requires

Fire-resistance ratings. The fire-resistance rating of building elements components or assemblies shall be determined in accordance with the test procedures set forth in ASTM E 119 or UL 263 or in accordance with Section 703.3.

Code Modification or Alternate Requested

We are proposing a NFPA 13D sprinkler system throughout the house and to keep the existing 2x8 floor joist framing as is.

Proposed Design

We are proposing to keep the existing 2x8 floor joists in lieu of using 2x10s to meet the fire rating requirements of GA File No. FC 5120, as well as the STC rating. The assembly occurs at the basement ceiling/main level floor.

Reason for alternative

The building was built per residential code with 2x8 joists at 16” O.C. and will continue to operate nearly identical to its original use. We are proposing to convert this property from a residential (R3) to a transient living (R3) with 10 or fewer occupants. We are proposing to install a new NFPA 13D fire sprinkler system throughout the home. The system will be installed on all levels (basement, main level, and upper level). It would cause an undue burden to change the floor framing to 2x10 to achieve a 1-hr rated assembly.

Appeal item 3

Code Section

1301.2.4

Requires

An existing building or portion thereof shall not be altered in such a manner that results in the building being less safe than such building idling is currently.

Code Modification or Alternate Requested

We are proposing to keep the existing exterior entry concrete steps to the basement unit.

Proposed Design

The existing exterior concrete steps down to the basement unit have a 7” rise and 11” run with a 1’ deep landing, a total of 4 treads and 5 risers.

Reason for alternative

The basement is being converted to a separate living unit that will be separated from the unit above by a 1 hour rated ceiling/floor assembly. In addition, NFPA 13D sprinklers will be installed throughout the building at each level. The existing unfinished basement currently has two entrances, one by an interior stairway that is being removed under this permit. The level of safety is not being reduced for the basement unit as only one main entry is required, sprinklers are being installed, and two egress window wells are being added to the basement at each bedroom.

Appeal Decision

1. Percentage of unprotected openings in the North and South walls at main and upper levels: Granted as proposed.

2. Alternate one hour floor /ceiling assembly with 2 x 8 floor joists: Granted as proposed.

3. Existing exterior entry concrete steps to the basement unit with one foot deep landing: Denied. Proposal does not provide an equivalent level of Life Safety protection.

Appellant may contact John Butler (503 865-6427) or e-mail at John.Butler@portlandoregon.gov with questions.

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.