Appeal 32362

Appeal Summary

Status: DECISION RENDERED - CODE BOARD OF APPEALS

Appeal ID: 32362

Submission Date: 6/20/24 11:36 AM

Hearing Date: 12/7/23

Case #: B-001

Appeal Type: Building

Project Type: Commercial

Building/Business Name:

Appeal Involves: Alteration of an existing structure

Proposed use: RES-TRANSIENT

Project Address: 2034 NE Flanders St

Appellant Name: Will Uebelacker

LUR or Permit Application #: Permit 23-026113-CO

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

Fire Sprinklers: Yes - NFPA 13D throughout

Plans Examiner/Inspector: NONE

Plan Submitted Option: mail

Payment Option: person

Appeal Information Sheet

Appeal item 1

Code Section

1207.2

Requires

Occupiable spaces, habitable spaces and corridors shall have a ceiling height of not less than 7’-6” above the finished floor. Bathrooms, toilet rooms, kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than 7 feet above the finished floor.

Code Modification or Alternate Requested

Requesting lower than 7’-6” ceilings in the basement unit.

Proposed Design

We are proposing a 6’-9 1/4” ceiling height in the basement, and adding two 34” x 48” casement egress windows in the bedrooms. The existing head height to the bottom of floor framing is currently 6’-10” and will be reduced to 6’-9 1/4” with the addition of (1) layer ½” type X gypsum board adhered to ¼” resilient channels at the underside of floor framing. This assembly will be based on GA File No. FC 5120.

There is one section in the basement along the egress path where the existing 6x8 beam will be raised up into the ceiling and the existing joists at those locations will be hung from the beam. The existing furnace in the basement is to be removed as all the units will be utilizing ductless mini-splits for heating and cooling purposes. This will eliminate any duct runs in the basement that would have reduced the head height.

Reason for alternative

We are proposing a 6’-9 1/4” ceiling height in the basement, and adding two 34” x 48” casement egress windows in the bedrooms. The existing head height to the bottom of floor framing is currently 6’-10” and will be reduced to 6’-9 1/4” with the addition of (1) layer ½” type X gypsum board adhered to ¼” resilient channels at the underside of floor framing. This assembly will be based on GA File No. FC 5120.

There is one section in the basement along the egress path where the existing 6x8 beam will be raised up into the ceiling and the existing joists at those locations will be hung from the beam. The existing furnace in the basement is to be removed as all the units will be utilizing ductless mini-splits for heating and cooling purposes. This will eliminate any duct runs in the basement that would have reduced the head height.

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 to keep the existing 2x8 floor joist framing.

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 single family (R3) to transient living for short term rental with 10 or fewer occupants per unit (R3). The building is equipped with an approved NFPA 13D sprinkler system installed on each level with an alarm system. It would cause an undue burden to change the floor framing to 2x10 in order to achieve a 1-hr rated assembly that would also decrease the head height of the space.

Appeal Decision

The Building Code Board of Appeal met on December 7, 2023, and the following decision was reached:
Item 1: Reduction in the minimum required ceiling height from 7 feet 6 inches to 6 feet 9.25 inches: Minimum ceiling height of 6’-8” granted provided STC and IIC sound ratings are met.
Item 2: Alternate one-hour floor/ceiling assembly for one-hour fire and sound ratings: Denied. The proposal does not provide an equivalent level of Life Safety protection.

Decision: Unanimous
Board Members: Eric Bressman, Beth Brett, and Sharon Nobbe

According to Oregon Revised Statutes 455.690, you may appeal this decision to the appropriate State of Oregon advisory board within 30 calendar days of this decision being published. For information on the appeals process and costs, including forms, appeal fees, payment methods, and fee waivers, contact the Oregon Department of Consumer and Business Services, Building Codes Division.