Appeal 31949

Appeal Summary

Status: Decision Rendered

Appeal ID: 31949

Submission Date: 10/19/23 6:10 PM

Hearing Date: 11/1/23

Case #: B-004

Appeal Type: Building

Project Type: Residential

Building/Business Name: Catlin Keets

Appeal Involves: Erection of a new structure

Proposed use: Single Family Residence

Project Address: 9509 N Syracuse St.

Appellant Name: Bryan Montanio

LUR or Permit Application #: Permit 23-067153/158-RS

Stories: 1 Occupancy: R-2 Construction Type: V (w/ masonry walls)

Fire Sprinklers: No

Plans Examiner/Inspector:

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

R302.2.1

Requires

From code cited in Life Saftey Checksheet:

"Please note that in order to qualify for MHLD the current demising wall design does not meet the code. The property line cannot pass through a wall, therefore there must be an air gap between the units for MHLD. The proposed common 2-hr wall meets the requirements for townhouses with no real property lines separating the townhouses.  If this project is submitted for a future Middle Housing Land Division (MHLD) for the creation of real property lines between the townhouses, the common 2-hr wall will not meet the separation requirements of R302.2.1, item 3 for real property lines."

R302.2.1(3) provides a common option for a 2-hour fire-rated wall and lists an exception for townhouses that are separated by a real property line.

R30202.1(4) provides an option for other tested assemblies that provide an equivalent fire-protection rating and lists an exception that privacy walls may be constructed of heavy timber.

Code Modification or Alternate Requested

We are proposing a common 4-hour fire-rated wall with additional health and comfort benefits as part of a healthy home case study project.

Proposed Design

Our project intends to demonstrate and showcase healthy and high-performance construction and assemblies in a small, well-crafted space.

A key assembly is our exterior walls, which use a masonry product called Faswall which is produced in Philomath OR. Faswall has improved fire and acoustical rating over light frame construction, is healthier, and longer lasting. I have included testing and technical data provided by the manufacturer in attachments to this submittal.

The Faswall product also serves as a great substrate for plaster, and this assembly will also benefit from a beautiful plaster interior finish which also serves as our primary air barrier.

Reason for alternative

We feel that requiring light frame construction in this project will lower the overall quality of the wall assembly and that is not the intent of the code. This alternative will exceed the fire safety requirements as outlined in R302.2.1. In addition, it will make the space more healthy and comfortable and provide a precedent for more projects using this healthy, sustainable, and durable material. Benefits of Faswall include:

  • Does not provide a food source or cavity space for mold, unlike light-frame construction with gypsum board and batt insulation which are notorious sources for mold.
  • An airtight and vapor-open system that facilitates drying and regulation of interior humidity, which further helps with reducing mold risk in framed interior walls by passively moderating interior humidity levels.
  • The total R-value of the blocks themselves is similar to 2x6 studs, however, Fawalls has reduced thermal bridging and provides thermal mass which helps to moderate temperature swings and maintain a more comfortable interior environment.
  • A solid substrate resistant to rodents or other pests reducing heath and energy concerns with investations.
  • Faswall is a great substrate for natural plaster finishes, which become more approachable when you can eliminate the cost of gypsum board, mud, and taping.
  • Increased resistance to sound transfer providing privacy and comfort to residents.
  • The materials are non-toxic and do not pose a risk to occupants, but importantly installers or fabricators as well.
  • Durable and long-lasting. The material can be used below grade and is not subjected to rot or decay over time.
  • Made with recycled wood chips from used wooden pallets which are chopped up and mineralized to remove the sugars from the wood making them stable and undesirable as a food source for organisms.

Appeal Decision

Use of common 4-hour fire-rated party wall: Granted provided the wall meets sound transmission requirements of ORSC Appendix K.

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

Use of common 4-hour fire-rated party wall: Granted provided the wall meets sound transmission requirements of ORSC Appendix K.

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