Appeal 32376
Appeal Summary
Status: Decision Rendered
Appeal ID: 32376
Submission Date: 6/26/24 5:07 PM
Hearing Date: 7/3/24
Case #: B-006
Appeal Type: Building
Project Type: commercial
Building/Business Name:
Appeal Involves: occ Change from R3 to R3 - residential transient living units,other: Transient, less than 10 occupants
Proposed use: Residence - Transient Living (R3)
Project Address: 508-520 NE 56th Ave
Appellant Name: Will Uebelacker
LUR or Permit Application #: Permit 22-138465-CO
Stories: 4 Occupancy: R-3 Construction Type: V-B
Fire Sprinklers: Yes - NFPA 13D throughout
Plans Examiner/Inspector: Steven Freeh
Plan Submitted Option: pdf [File 1] [File 2] [File 3]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | Table 504.4 |
|---|---|
| Requires | Requires four stories in an R-3 occupancy to be equipped with a fire suppression system of 13R or 13 system, 13D is only allowed up to three stories. |
| Code Modification or Alternate Requested | We are proposing to keep NFPA 13D sprinklers rather than 13R or 13. |
| Proposed Design | NFPA 13D sprinklers are installed throughout the building including the fourth floor attic space that is unfinished and not intended for occupancy. |
| Reason for alternative | Per 903.3.1.3 NFPA 13D sprinkler systems are allowed in group R-3 and specifically townhouses. When built, the attic was never classified as an additional story, however, now as a commercial building the unfinished attic is being counted even if it will not be occupied. The building was built per the residential code for townhouse construction and will be used in a near identical manner. NFPA 13D sprinklers have been installed throughout the building including the attic space. Installing a 13R system would be cost prohibitive when the 13D system provides comparative fire coverage. |
Appeal item 2
| Code Section | 706.4 |
|---|---|
| Requires | Fire walls shall have a fire-resistance rating of not less than 2 hours for group R-3. |
| Code Modification or Alternate Requested | We are proposing to keep the residential townhouse demising wall as originally constructed to meet R302.2.1(1) with two 1-hour fire-resistant rated wall assemblies. |
| Proposed Design | Built under the residential code, this required townhouse separation by 2-hour fire resistant rated wall assemblies. The project met this requirement with the use of two 1-hour fire rated firewalls, one on each side of the common property line. Each 1-hour rated firewall has a layer of 5/8” type ‘X’ gypsum board on the interior side, 15/32” APA rated structural sheathing, 2x6 stud framing filled with insulation, and a 1” air gap centered on the property line. The fireblocking has been installed at the floor and ceiling joists, and fire rated roof sheathing extends 4 feet on either side of the 2-hour fire resistant fire wall. For additional protection, an NFPA 13D sprinkler has been installed throughout the building that was not required under the residential code. |
| Reason for alternative | The commercial building code requires a 2-hour fire resistant firewall and does not make the same distinction as the residential code for the allowance of two 1-hour fire resistant rated walls. The addition of an NFPA 13D sprinkler adds an extra layer of safety to the townhouse construction not originally required. The building is changing from an R3 townhouse to R3 transient use and will be occupied and used in the same manner. Adding an additional layer of 5/8” gyp to both sides of the residential code classified 2 hour fire wall (two 1-hour fire rated walls) would costly to install on four levels from foundation to underside of roof sheathing. |
Appeal item 3
| Code Section | 706.5 |
|---|---|
| Requires | Fire walls shall be continuous from exterior wall to exterior wall and shall extend not less than 18 inches beyond the exterior surface of exterior walls. |
| Code Modification or Alternate Requested | That the use of an NFPA 13D sprinkler system be an acceptable alternative means for complying with 903.3.1.2 (see Appeal 1), and noncombustible sheathing used in the roof construction as part of the two 1-hour fire rated wall system be utilized to meet exception 3 of 706.5. |
| Proposed Design | The existing two 1-hour rated firewalls that separate the unit townhouses extends to the underside of the roof sheathing, including the layer of 5/8” type ‘X’ gypsum board on each side. Fire retardant plywood sheathing is used for a distance of 4 feet extending out on either side of the imaginary property line. Each townhouse has been equipped throughout with NFPA 13D sprinklers for additional protection. |
| Reason for alternative | The firewalls as built terminate at the underside of the noncombustible exterior sheathing and the building is now equipped with an automatic sprinkler system. The use of NFPA 13D should be allowed to remain in lieu of a 13 or 13R system that provides similar coverage. In addition, no roof openings are within 4 feet of the two 1-hour rated firewall that extends to the underside of the noncombustible roof sheathing. |
Appeal Decision
"1) NFPA 13D sprinkler system instead of NFPA 13R sprinkler system for determining number of allowed stories: Denied. The proposal does not provide equivalent fire and life safety.
2) Two 1-hour fire-resistance-rated walls instead of one 2-hour-rated fire wall: Denied. The proposal does not provide equivalent fire and life safety.
3) NFPA 13D sprinkler system instead of NFPA 13R system for purposes as meeting 706.5 exception 3: Denied. The proposal does not provide equivalent fire and life safety."The appellant may contact Steve Freeh (503-865-6535) with questions.
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