Appeal 31394
Appeal Summary
Status: Decision Rendered - Held over from ID 28305, item #1 (2/1/23), for additional information
Appeal ID: 31394
Submission Date: 3/8/23 12:15 PM
Hearing Date: 3/15/23
Case #: B-010
Appeal Type: Building
Project Type: residential
Building/Business Name:
Appeal Involves: Reconsideration of appeal
Proposed use: Single Family Dwelling
Project Address: 4190 SW Council Crest Dr
Appellant Name: Risa Leritz
LUR or Permit Application #: Permit 21-114310-RS
Stories: 2 Occupancy: R-3 Construction Type: Type V
Fire Sprinklers: No
Plans Examiner/Inspector: David Rolfe, Brian Crise
Plan Submitted Option: pdf [File 1] [File 2] [File 3] [File 4] [File 5] [File 6]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | G2432.1 |
|---|---|
| Requires | Decorative appliance for installation in approved solid fuel-burning fireplaces shall be tested in accordance with ANSI Z21.60/CSA 6.26 and shall be installed in accordance with the manufacturer's instructions. Manually lighted natural gas decorative appliances shall be tested in accordance with ANSI Z21.84 |
| Code Modification or Alternate Requested | We are asking for an appeal to allow a tested decorative gas appliance to be installed in a custom designed light weight masonry fireplace that does not carry a UL listing. |
| Proposed Design | We are proposing to install a custom 3 sided light weight masonry fireplace design from Isokern, a manufacturer of UL listed light weight masonry fireplaces, it does not carry a UL listing because it was customized by the manufacturer. Tis fireplace will have a gas burner, it will not be used with solid fuel.
-The Exterior Air Intake will be supplied per code section R1006 and per the gas burner manufacturers requirements and is sized to provide the same volume of air that is pulled out with the fan. RECONSIDERATION TEXT Per John Butler's request, a Fireplace Equivalency Report (2021 ORSC and ULC S604) has been prepared by Code Unlimited. This report was stamped by PE Amedeo Gallucci. The design was modified slightly in order to comply with all requirements for equivalency. Attached report includes an updated drawing with clarifications and design modifications. |
| Reason for alternative | In order to achieve the design intent of a 3 sided gas fireplace Isokern altered one of their UL listed fireplace designs and as a result removed the UL listing in doing so. The UL listing required by code for factory built fireplaces is tested with solid fuel, this will be a gas burning fireplace which is required to be tested in accordance with ANSI Z21.60. The gas burner proposed meets ANSI Z21.60. To meet the intent of the code for fire and life safety and to provide adequate ventilation and exterior air intake we have provided a compilation of components to ensure that all part and pieces of the gas fireplace meet code. All components are tested and individually meet code requirements. RECONSIDERATION TEXT Per John Butler's request, a Fireplace Equivalency Report (2021 ORSC and ULC S604) has been prepared by Code Unlimited. This report was stamped by PE Amedeo Gallucci. The design was modified slightly in order to comply with all requirements for equivalency. Attached report includes an updated drawing with clarifications and design modifications. |
Appeal Decision
Installation of gas appliance in an unlisted masonry fireplace: 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) 823-6251 or come in to the Development Services Center.