Appeal 31968

Appeal Summary

Status: DENIED

Appeal ID: 31968

Submission Date: 11/5/23 1:58 AM

Hearing Date: 11/30/23

Case #: 23-75

Appeal Type: Fire

Project Type: residential

Building/Business Name:

Appeal Involves: Erection of a new structure

Proposed use: Residence

Project Address: 12420 SW 34th Ave

Appellant Name: Brian Nelson

LUR or Permit Application #: Permit 22-166730-000-00-RS

Stories: 2 Occupancy: R-3 Construction Type: v

Fire Sprinklers: Yes - All Per Code

Plans Examiner/Inspector: Dawn Krantz

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]   [File 4]   [File 5]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

PFC 503.1.1

Requires

Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.
Exceptions:
1 The fire code official is authorized to modify Sections 503.1 and 503.2 where any of the following conditions occur:
1.1The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
1.2 Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.
1.3 There are not more than two Group R-3 or Group U occupancies.

Code Modification or Alternate Requested

Allow for the construction of the driveway and home without meeting the Fire Apparatus access road standards.

Proposed Design

I am proposing the home will be equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. I am proposing constructing the new dwelling with Class A roof covering. I am also proposing installation of non-combustible James Hardi Fiber Cement siding.

Reason for alternative

Modifications to the Fire Access Road standards are allowed in the 2021 Portland Fire Code. Portland City Code Title 31 31.10.080 allows for appeals. Oregon Fire Code 2022 allows for fire access road modifications. ORS Chapter 455 of the state building code 455.610 allow alternate methods of construction where fire access or water supply do not meet applicable fire code. Allowing these modifications and variances are based on the applicants alternative provides a reasonable degree of EQUIVALENT Life Safety and Fire Protection. The Portland Fire Code states that modifications may be made if the fire offical finds the strict letter of the code impracticle.

The original plans submitted for the new home construction permit included standard asphalt roofing and cedar siding. A residential fire suppression system was not included for the proposed home.

I am proposing that the home will be equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. I am proposing constructing the new dwelling with Class A roof covering. I am also proposing installation of non-combustible James Hardi Fiber Cement siding.
A National Fire Protection article in 2021 the article stated in home fires " They were effective in controlling the fires in 97% of the fires in which they operated."

I also meet the exception in 1.2 and 1.3 of this code.
Fire apparatus access roads on my property cannot be constructed to the fire apparatus access code standards due to the location of the property, topography, and grade. The SW 34th Roadway elevation is 744’ and as the new driveway path transitions to the property line adjacent to the right of way is at elevation EL 734’. This distance is 48’. The grade for that section of my driveway will be approximately 21%. From that point the driveway will run south. The section of driveway from the property line to the corner where it turns to the east is EL 719’. That section is at a slope grade of 15%. The remaining driveway will be 16% to 10% grade. In the road right of way there are large fir trees and a 28"pine tree. There is also a power pole limiting the driveway width. The minimum turning radius is also not feasible due to topography and lot location, PBOT has approved my right of way driveway design. It is attached. The code requires a turn around for my dead end driveway if a fire access road were required. The code would require a 120' T or a Y with 60' legs. That could not be accomplished due to the topography. Fire apparatus access road code would require a 12,500 pound point load and a 75,000 pound live load driveway to be built. Standard construction specifications for that road would be 8" depth of 1 1/2" - 0 rock base with 2" of 3/4 crushed rock with 3" of asphalt. Cost of Construction would be a undue financial hardship and burden would make building a home on the property not feasible if the home can not be built with a standard 10' wide asphalt driveway as shown on the attached site plan.

There are 7 fire hydrants within 600' of my new home. The closest Hydrant would be on Eagle Crest Drive which would be 210' from my home.
The property is over 1 acre in size but due to the topography no additional homes can be built on the property. My 10' driveway will be asphalt paving.
Allowing for the construction of the driveway and home without meeting the Fire Apparatus access road standards will allow me to build on the property. The property is a vacant lot and over the years numerous large trees have fallen due to the age of the trees and wind conditions which has created an abundance of fuel for a fire if the property remains vacant. With approval of my appeal, public safety will be enhanced because I will be removing brush and downed trees that would provide fuel if there were to be a fire. If a home is not built on the property the brush and potential fuel will remain on the property.

Appeal item 2

Code Section

PFC 503.2.1

Requires

Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm).

Code Modification or Alternate Requested

Allow for the construction of the driveway and home without meeting the Fire Apparatus access road standards.

Proposed Design

I am proposing the home will be equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. I am proposing constructing the new dwelling with Class A roof covering. I am also proposing installation of non-combustible James Hardi Fiber Cement siding.

Reason for alternative

Fire apparatus access roads on my property cannot be constructed to the fire apparatus access code standards due to the location of the property, topography, and grade. The SW 34th Roadway elevation is 744’ and as the new driveway path transitions to the property line adjacent to the right of way is at elevation EL 734’. This distance is 48’. The grade for that section of my driveway will be approximately 21%. From that point the driveway will run south. The section of driveway from the property line to the corner where it turns to the east is EL 719’. That section is at a slope grade of 15%. The remaining driveway will be 16% to 10% grade. In the road right of way there are large fir trees and a 28"pine tree. There is also a power pole limiting the driveway width. The minimum turning radius is also not feasible due to topography and lot location, PBOT has approved my right of way driveway design. It is attached. The code requires a turn around for my dead end driveway if a fire access road were required. The code would require a 120' T or a Y with 60' legs. That could not be accomplished due to the topography. Fire apparatus access road code would require a 12,500 pound point load and a 75,000 pound live load driveway to be built. Standard construction specifications for that road would be 8" depth of 1 1/2" - 0 rock base with 2" of 3/4 crushed rock with 3" of asphalt. Cost of Construction would be a undue financial hardship and burden would make building a home on the property not feasible if the home can not be built with a standard 10' wide asphalt driveway as shown on the attached site plan.

There are 7 fire hydrants within 600' of my new home. The closest Hydrant would be on Eagle Crest Drive which would be 210' from my home.
The property is over 1 acre in size but due to the topography no additional homes can be built on the property. My 10' driveway will be asphalt paving.
Allowing for the construction of the driveway and home without meeting the Fire Apparatus access road standards will allow me to build on the property. The property is a vacant lot and over the years numerous large trees have fallen due to the age of the trees and wind conditions which has created an abundance of fuel for a fire if the property remains vacant. With approval of my appeal, public safety will be enhanced because I will be removing brush and downed trees that would provide fuel if there were to be a fire. If a home is not built on the property the brush and potential fuel will remain on the property.

Appeal item 3

Code Section

PFC503.2.4

Requires

The required turning radius of a fire apparatus access road shall be determined by the fire code official. The turning Radius may not be less than 25' and 45'.

Code Modification or Alternate Requested

Allow for the construction of the driveway and home without meeting the Fire Apparatus access road standards.

Proposed Design

I am proposing the home will be equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. I am proposing constructing the new dwelling with Class A roof covering. I am also proposing installation of non-combustible James Hardi Fiber Cement siding.

Reason for alternative

Fire apparatus access roads on my property cannot be constructed to the fire apparatus access code standards due to the location of the property, topography, and grade. The SW 34th Roadway elevation is 744’ and as the new driveway path transitions to the property line adjacent to the right of way is at elevation EL 734’. This distance is 48’. The grade for that section of my driveway will be approximately 21%. From that point the driveway will run south. The section of driveway from the property line to the corner where it turns to the east is EL 719’. That section is at a slope grade of 15%. The remaining driveway will be 16% to 10% grade. In the road right of way there are large fir trees and a 28"pine tree. There is also a power pole limiting the driveway width. The minimum turning radius is also not feasible due to topography and lot location, PBOT has approved my right of way driveway design. It is attached. The code requires a turn around for my dead end driveway if a fire access road were required. The code would require a 120' T or a Y with 60' legs. That could not be accomplished due to the topography. Fire apparatus access road code would require a 12,500 pound point load and a 75,000 pound live load driveway to be built. Standard construction specifications for that road would be 8" depth of 1 1/2" - 0 rock base with 2" of 3/4 crushed rock with 3" of asphalt. Cost of Construction would be a undue financial hardship and burden would make building a home on the property not feasible if the home can not be built with a standard 10' wide asphalt driveway as shown on the attached site plan.

There are 7 fire hydrants within 600' of my new home. The closest Hydrant would be on Eagle Crest Drive which would be 210' from my home.
The property is over 1 acre in size but due to the topography no additional homes can be built on the property. My 10' driveway will be asphalt paving.
Allowing for the construction of the driveway and home without meeting the Fire Apparatus access road standards will allow me to build on the property. The property is a vacant lot and over the years numerous large trees have fallen due to the age of the trees and wind conditions which has created an abundance of fuel for a fire if the property remains vacant. With approval of my appeal, public safety will be enhanced because I will be removing brush and downed trees that would provide fuel if there were to be a fire. If a home is not built on the property the brush and potential fuel will remain on the property.

Appeal item 4

Code Section

PFC 503.2.5

Requires

Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. D103.4 Dead ends.
Dead-end fire apparatus access roads in excess of 300 feet (91 440 mm) shall be provided with width and turnaround provisions in accordance with Table D103.4.

Code Modification or Alternate Requested

Dead-end fire apparatus access roads in excess of 300 feet (91 440 mm) shall be provided with width and turnaround provisions in accordance with Table D103.4.
TABLE D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS: According to this table my driveway would need to be 20’ wide 120’ hammerhead or a 60’ “Y”, or a 96’ diameter Cultisac.

Regarding SW 34th Ave. At the Hydrant location on the corner of SW 34th and Arrowhead Dr would serve as a turn around. Also at the dead end of sw 34th there is a area in excess of the amount required for a fire truck turn around. Which I assume over the years has been used for that purpose on numerous occasions. The road right of way at the end of 34th Ave is 60’. The parcel on the north side of 34th Ave has a Cell Tower located on it

Proposed Design

I am proposing the home will be equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. I am proposing constructing the new dwelling with Class A roof covering. I am also proposing installation of non-combustible James Hardi Fiber Cement siding.

Reason for alternative

Regarding SW 34th Ave. At the Hydrant location on the corner of SW 34th and Arrowhead Dr would serve as a turn around. Also at the dead end of sw 34th there is a area in excess of the amount required for a fire truck turn around. Which I assume over the years has been used for that purpose on numerous occasions. The road right of way at the end of 34th Ave is 60’. The parcel on the north side of 34th Ave has a Cell Tower located on it

Fire apparatus access roads on my property cannot be constructed to the fire apparatus access code standards due to the location of the property, topography, and grade. The SW 34th Roadway elevation is 744’ and as the new driveway path transitions to the property line adjacent to the right of way is at elevation EL 734’. This distance is 48’. The grade for that section of my driveway will be approximately 21%. From that point the driveway will run south. The section of driveway from the property line to the corner where it turns to the east is EL 719’. That section is at a slope grade of 15%. The remaining driveway will be 16% to 10% grade. In the road right of way there are large fir trees and a 28"pine tree. There is also a power pole limiting the driveway width. The minimum turning radius is also not feasible due to topography and lot location, PBOT has approved my right of way driveway design. It is attached. The code requires a turn around for my dead end driveway if a fire access road were required. The code would require a 120' T or a Y with 60' legs. That could not be accomplished due to the topography. Fire apparatus access road code would require a 12,500 pound point load and a 75,000 pound live load driveway to be built. Standard construction specifications for that road would be 8" depth of 1 1/2" - 0 rock base with 2" of 3/4 crushed rock with 3" of asphalt. Cost of Construction would be a undue financial hardship and burden would make building a home on the property not feasible if the home can not be built with a standard 10' wide asphalt driveway as shown on the attached site plan.

There are 7 fire hydrants within 600' of my new home. The closest Hydrant would be on Eagle Crest Drive which would be 210' from my home.
The property is over 1 acre in size but due to the topography no additional homes can be built on the property. My 10' driveway will be asphalt paving.
Allowing for the construction of the driveway and home without meeting the Fire Apparatus access road standards will allow me to build on the property. The property is a vacant lot and over the years numerous large trees have fallen due to the age of the trees and wind conditions which has created an abundance of fuel for a fire if the property remains vacant. With approval of my appeal, public safety will be enhanced because I will be removing brush and downed trees that would provide fuel if there were to be a fire. If a home is not built on the property the brush and potential fuel will remain on the property.

Appeal item 5

Code Section

PFC B105.2

Requires

B105.1 1 One- and two-family dwellings. Group R-3 and R-4 buildings and townhouses.
The minimum fire-flow and flow duration requirements for one- and two-family dwellings. Group R-3 and R-4 buildings and townhouses shall be as specified in Tables Bl 05.1(1) and B105.1(2).
The minimum fire flow requirements for one and two family dwellings having a fire flow calculation area which does not exceed 3,600 square feet shall be 1,000 gpm measured at 20 psi residual pressure. For structures greater than 3600 square feet (or in the Wildland Fire Hazard designation area) requires additional fire flow per Appendix B. For the proposed size structure, 1750 gpm at 20 psi is required from a fire hydrant within 600 feet of all portions of the structure.
A reduction of ½ of the required fire flow is allowed when residential fire
sprinklers are installed that meets the requirements of the Fire Code.

Code Modification or Alternate Requested

The required fire flow is 1,750 GPM at 20 psi. and can be modified to ½ that amount which is 875 gpm at 20 psi. I do meet that standard with fire sprinkler system installed.

Proposed Design

I am proposing the home will be equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. I am proposing constructing the new dwelling with Class A roof covering. I am also proposing installation of non-combustible James Hardi Fiber Cement siding.

Reason for alternative

Fire flow report is attached. The Hydrant has a flow of 1,250 gpm at 20psi. For a home over 3,600 sq ft the required flow is 1,750. With the addition of fire sprinklers the flow required can be reduced by 50%. The required fire flow is 1,750 GPM at 20 psi. and can be modified to ½ that amount which is 875 gpm at 20 psi. I do meet that standard with fire sprinkler system installed. At a 50% reduction the required flow would be 875. My hydrant is 1,250 gpm.

Appeal item 6

Code Section

PFC D107.1

Requires

Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads.
Exceptions:

  1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and all dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1,903.3.1.2 or 903.3.1.3, access from two directions shall not be required.
  2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official.
Code Modification or Alternate Requested

I am proposing the home will be equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. I am proposing constructing the new dwelling with Class A roof covering. I am also proposing installation of non-combustible James Hardi Fiber Cement siding.

Proposed Design

I am proposing the home will be equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. I am proposing constructing the new dwelling with Class A roof covering. I am also proposing installation of non-combustible James Hardi Fiber Cement siding.

Reason for alternative

I feel that the code referenced PFC 107.1 was written as a code to be associated with new residential developments based on how D106 is written. But I think the intent was to require my home to be constructed with an approved automatic sprinkler system in accordance with Section 903.3.1.1,903.3.1.2 or 903.3.1.3, I will construct my home with an approved automatic sprinkler system in accordance with Section 903.3.1.1,903.3.1.2 or 903.3.1.3,

The property is a vacant lot and over the years numerous large trees have fallen due to the age of the trees and wind conditions which has created an abundance of fuel for a fire if the property remains vacant. With approval of my appeal, public safety will be enhanced because I will be removing brush and downed trees that would provide fuel if there were to be a fire. If a home is not built on the property the brush and potential fuel will remain on the property.

Appeal item 7

Code Section

PFC D102.1

Requires

Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing up to 75,000 pounds (34 050 kg). Other approved driving surfaces shall be approved by the fire code official and may include compacted gravel, “grasscrete" or similar driving surfaces.

Code Modification or Alternate Requested

Allow for the construction of the driveway and home without meeting the Fire Apparatus access road standards.

Proposed Design

I am proposing the home will be equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. I am proposing constructing the new dwelling with Class A roof covering. I am also proposing installation of non-combustible James Hardi Fiber Cement siding. Constructing a 10' wide standard driveway.

Reason for alternative

PBOT has approved my right of way driveway design. It is attached. The code requires a turn around for my dead end driveway if a fire access road were required. The code would require a 120' T or a Y with 60' legs. That could not be accomplished due to the topography. Fire apparatus access road code would require a 12,500 pound point load and a 75,000 pound live load driveway to be built. Standard construction specifications for that road would be 8" depth of 1 1/2" - 0 rock base with 2" of 3/4 crushed rock with 3" of asphalt. Cost of Construction would be a undue financial hardship and burden would make building a home on the property not feasible if the home can not be built with a standard 10' wide asphalt driveway as shown on the attached site plan.

There are 7 fire hydrants within 600' of my new home. The closest Hydrant would be on Eagle Crest Drive which would be 210' from my home.
The property is over 1 acre in size but due to the topography no additional homes can be built on the property. My 10' driveway will be asphalt paving.
Allowing for the construction of the driveway and home without meeting the Fire Apparatus access road standards will allow me to build on the property. The property is a vacant lot and over the years numerous large trees have fallen due to the age of the trees and wind conditions which has created an abundance of fuel for a fire if the property remains vacant. With approval of my appeal, public safety will be enhanced because I will be removing brush and downed trees that would provide fuel if there were to be a fire. If a home is not built on the property the brush and potential fuel will remain on the property.

Appeal Decision

The Administrative staff has reviewed your seven (7) item appeal regarding 12420 SW 34th Ave. The seven-item appeal is Denied. The proposed alternatives do not provide equivalent fire and life safety. Please contact Sr. Fire Inspector Jeff Galvan @ 503-823-3820 for additional information.

If you are not satisfied with the administrative ruling the appeal may be continued to the Fire Code Board of Appeals. To do so your written request must be received no later than 12/15/2023.

Please mail to:

Kari Schimel, Fire Marshal
Portland Fire & Rescue
55 SW Ash St.
Portland, Oregon 97204

If requested, we will convene this citizen's board. I have attached the City Code reference, which establishes the Board and provides for their authority. Note in paragraph 31.10.080.C.4 “the Board’s ruling shall be made on the condition that a substantially equivalent degree of safety is provided generally conforming to national standards concerning fire prevention, fire safety measures, and building construction requirements for safety.” If you request a hearing before the Board, please be prepared to demonstrate equivalent safety.