Appeal 33449

Appeal Summary

Status: Decision rendered

Appeal ID: 33449

Submission Date: 8/30/24 1:55 PM

Hearing Date: 9/11/24

Case #: B-002

Appeal Type: Building

Project Type: commercial

Building/Business Name:

Appeal Involves: Reconsideration of appeal,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, 512, 516, 520 NE 56th Ave

Appellant Name: Will Uebelacker

LUR or Permit Application #: Permit 23-001830-CO

Stories: 4 Occupancy: R-3 Construction Type:

Fire Sprinklers: Yes - NFPA 13D throughout

Plans Examiner/Inspector: Steven Freeh

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]   [File 4]   [File 5]   [File 6]

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.

Reconsideration:
We are proposing to increase the existing 1-hour rated common wall between units to a 2-hour rated fire wall by adding an additional layer of 5/8” type ‘X’ gypsum panel to each side of the wall. This will bring the total to two layers of 5/8” type ‘X’ gypsum panels to each side of the wall. Per table 722.2.1.4(2), 1 layer of 5/8” type ‘X’ gypsum provides 40 minutes, and 2 layers would provide 80 minutes. With the addition of 15/32” wood structural panel each side, this adds an additional 10 minutes per side. The wood stud framing at 16” O.C. provides 20 minutes per side, and with the addition of glass fiber mineral wood batts filling the spaces between studs, this provides 15 minutes of rating. Per exposure side, the total provided fire rating is 125 minutes meeting the 2-hour fire wall requirements. With this added level of safety between units, the 13D sprinkler system should be reconsidered as it provides the same level of safety with the addition of the 2-hour fire wall.

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.

Reconsideration:
We are proposing to increase the existing 1-hour rated common wall between units to a 2-hour rated fire wall by adding an additional layer of 5/8” type ‘X’ gypsum panel to each side of the wall. This will bring the total to two layers of 5/8” type ‘X’ gypsum panels to each side of the wall. Per table 722.2.1.4(2), 1 layer of 5/8” type ‘X’ gypsum provides 40 minutes, and 2 layers would provide 80 minutes. With the addition of 15/32” wood structural panel each side, this adds an additional 10 minutes per side. The wood stud framing at 16” O.C. provides 20 minutes per side, and with the addition of glass fiber mineral wood batts filling the spaces between studs, this provides 15 minutes of rating. Per exposure side, the total provided fire rating is 125 minutes meeting the 2-hour fire wall requirements.

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.

Reconsideration:
We are proposing to increase the existing 1-hour rated common wall between units to a 2-hour rated fire wall by adding an additional layer of 5/8” type ‘X’ gypsum panel to each side of the wall. This will bring the total to two layers of 5/8” type ‘X’ gypsum panels to each side of the wall. Per table 722.2.1.4(2), 1 layer of 5/8” type ‘X’ gypsum provides 40 minutes, and 2 layers would provide 80 minutes. With the addition of 15/32” wood structural panel each side, this adds an additional 10 minutes per side. The wood stud framing at 16” O.C. provides 20 minutes per side, and with the addition of glass fiber mineral wood batts filling the spaces between studs, this provides 15 minutes of rating. Per exposure side, the total provided fire rating is 125 minutes meeting the 2-hour fire wall requirements. The revised 2-hour rated fire wall will be continuous to the underside of the roof sheathing that is already built with fire retardant plywood for a distance of 4’ from the centerline of the fire barrier wall.

Appeal Decision

ITEM 1. Allow NFPA 13D sprinkler system instead of NFPA 13R sprinkler system for determining number of stories allowed: Granted provided sprinkler coverage for 4th story is permitted and approved.
ITEM 2. Provide 2-hour fire-resistance rated wall between units 520 and 516: Proposal demonstrates the fire wall will meet a 2-hour fire-resistance rating.
ITEM 3. Allow NFPA 13D sprinkler system instead of NFPA 13R system for purposes of meeting 706.5 exception 3: Granted as proposed.
Please note, this approval does not exempt the structure from other vertical and horizontal continuity requirements for fire walls.

The Administrative Appeal Board finds with the conditions noted, that the information submitted by the appellant demonstrates that the approved modifications or alternate methods are consistent with the intent of the code; do not lessen health, safety, accessibility, life, fire safety or structural requirements; and that special conditions unique to this project make strict application of those code sections impractical.

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.