Appeal 33479
Appeal Summary
Status: Decision Rendered
Appeal ID: 33479
Submission Date: 9/13/24 5:04 PM
Hearing Date: 9/25/24
Case #: B-004
Appeal Type: Building
Project Type: commercial
Building/Business Name:
Appeal Involves: Erection of a new structure
Proposed use: Multi-family (R-2)
Project Address: 830 NE 25th AvE
Appellant Name: Don Sowieja
LUR or Permit Application #: Permit 24-039925-CO
Stories: 8 Occupancy: R-2 Construction Type: I-A / III-A
Fire Sprinklers: Yes - Fully Sprinklered
Plans Examiner/Inspector: Brian McCall
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 2022 OSSC 602 – Construction Classification; 2022 OSSC 510.2 – Horizontal building separation allowance |
|---|---|
| Requires | 602.1 General. Per Table 601, interior bearing walls of Type IA construction require 3-hr fire resistance rating. 510.2 Horizontal building separation allowance
|
| Code Modification or Alternate Requested | Allow the use of Footnote 'a' in Table 601 to reduce the rating of the bearing walls and related headers from 3 hours to 2 hours in Type IA construction, where those bearing walls are supporting only one floor and no roof. |
| Proposed Design | The Pepsi B apartment building located at the corner of Oregon St and NE 25th Ave in Portland has 5 stories of Type IIIA construction over 3 stories of Type IA construction and will be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 (NFPA 13). Our proposed design is to use the footnote “a” approach below the podium level to allow the fire-resistance rating reduction of the multi-story units load bearing walls & related headers from 3 hours to 2 hours since only supporting one floor above (a 2-hr fire resistance rated horizontal assembly) within the Type IA construction. To offset the reduction in fire-resistance rating of those bearing walls in these multi-story units, we propose to use commercial sprinkler heads that are 5.6k factor to offer additional protection, in lieu of residential sprinkler heads which are 4.4 to 4.9k factor. Sprinkler system density to be 0.10 light hazard. |
| Reason for alternative | Although the bearing walls in question are only supporting the upper floor of the multi-story units and no roof, there is no language which directly permits the use of Footnote 'a' in Table 601 to reduce the rating of the bearing walls from 3 hours to 2 hours for this specific condition. It appears that the code was not anticipating this situation when the rating reduction was developed for Type IA construction. The rationale is that the interior bearing wall and related headers ratings would match the supported floors rating and have no effect on the rating of all supported floors above. Upgrading the sprinkler heads from residential to commercial in those spaces would offer additional protection. |
Appeal Decision
Allow use of Table 601 footnote 'a' to reduce the rating of bearing walls and related headers from 3 hours to 2 hours in Type IA construction where those bearing walls are supporting only one floor: Granted provided the bearing conditions are confirmed during structural plan review.
"The Administrative Appeal Board finds 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."