Appeal 32387
Appeal Summary
Status: Decision Rendered
Appeal ID: 32387
Submission Date: 7/3/24 5:21 PM
Hearing Date: 7/10/24
Case #: B-008
Appeal Type: Building
Project Type: commercial
Building/Business Name: Julia West
Appeal Involves: Erection of a new structure
Proposed use: Multi-Family Residential
Project Address: 522 SW 13th Ave
Appellant Name: Nici Stauffer
LUR or Permit Application #: Permit 23-052714- CO
Stories: 12 Occupancy: R-2 Construction Type: IVB
Fire Sprinklers: Yes - NFPA 13, throughout
Plans Examiner/Inspector: Maureen McCafferty
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 2022 OSSC 602.4.2.5 Concealed spaces and 2022 OMSC 602.2.1 Materials within plenums |
|---|---|
| Requires | OSSC 602.4.2.5 states that concealed spaces in type IVB construction shall not contain combustibles other than electrical, mechanical, fire protection, or plumbing materials and equipment permitted in plenums in accordance with Section 602 of the Mechanical Code, and shall comply with all applicable provisions of Section 718. Combustible construction forming concealed spaces shall be protected in accordance with Section 602.4.1.2. OMSC602.2.1 states that except as required by Sections 602.2.1.1 through 6.2.2.1.8, materials within plenums shall be noncombustible or shall be listed and labeled as having a flame spread index of not more than 25 and a smoke-developed index of not more than 50 when tested in accordance with ASTM E84 or UL 723. The exceptions include the following:
5.1. Continuous non-combustible raceways or enclosures.
|
| Code Modification or Alternate Requested | The goal of this appeal is to clarify the intent of the OSSC and OMSC in regard to type IVB buildings and concealed spaces and plenums, and allow combustible MEP items to be in approved gypsum board assemblies and walls packed with non-combustible materials as is written in the mechanical code that is referenced. |
| Proposed Design | The permitted type IVB building has mechanical, electrical and plumbing materials located in plenums and walls throughout the building. This appeal proposes that the intent of the OSSC and OMSC sections referenced should allow combustible MEP items in the following two locations based on the listed exceptions.
|
| Reason for alternative | OMSC 602.2.1, exception 5.2 states that combustible MEP materials within ‘approved gypsum board assemblies’ do not have to be tested in accordance with ASTM E84 or UL 723. A fire rated wall or ceiling assembly encases all MEP materials within type X rated gypsum board and is fully taped and sealed to prevent the passage of fire. All penetrations through vertical and horizontal assemblies are sealed for fire according to OSSC 714. We feel that this type of fire rated assembly meets the intent of the code as an approved gypsum board assembly. OMSC 602.2.1, exception 5.3 states that combustible MEP materials that are fully enclosed within materials that are listed and labeled for installation within a plenum and listed for the application are acceptable. MEP materials within non-rated walls are protected on all sides by either a) a wall fully packed with noncombustible insulation or b) are MEP materials that occur within a single stud cavity packed with noncombustible insulation. All floor penetrations entering or exiting the wall cavity are fully sealed for passage of fire according to OSSC 714. We feel that this noncombustible insulation protection meets the intent of the code as fully enclosing combustible MEP materials. |
Appeal Decision
Allow combustible MEP components to be located in combustible concealed spaces in Type IV-B construction: Denied. Proposal does not provide equivalent fire and life safety. Appellant may contact Maureen McCafferty (503-865-6542) with questions.
"PLEASE READ THE NOTE BELOW when providing Board requested Additional Information or when submitting a reconsideration after 1st time appeal Denial.
A reconsideration is submitted online following the same submittal process and using the same appeals form as the original appeal. Indicate at the beginning of the appeal form that you are filing a reconsideration and include the original assigned Appeal ID number. The reconsideration will receive a new appeal number.
Include the original attachments and appeal language. Provide new text with only that information that is specific to the reconsideration in a separate paragraph(s) clearly identified as ""Reconsideration Text"" with any new attachments also referenced. Once submitted, the appeal cannot be revised.
No additional fee is required when the Board has requested additional information or for the first reconsideration of a denied appeal if submitted within 6 months of the original appeal. In these two specific instances please ignore the auto-generated request for another fee.
PLEASE NOTE that there will be no auto-generated verification that the appeal is successfully submitted. To verify this by viewing the submitted appeal, go to;
https://www.portlandoregon.gov/bds/appeals/?action=search .
Then click on ""SEARCH"" and you will see the most recent 500 appeals in order that they have been filed. Find your appeal, click on ""view"" and then on ""file"". You can also refine the results by filling in a search word such as your name. 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 to the Development Services Center."