Appeal 33486

Appeal Summary

Status: Decision Rendered on RECONSIDERATION 33463 FROM 9.18.24

Appeal ID: 33486

Submission Date: 9/23/24 8:29 AM

Hearing Date: 10/2/24

Case #: M-001

Appeal Type: Mechanical

Project Type: commercial

Building/Business Name: O'Neill construction

Appeal Involves: Correction of a violation,Reconsideration of appeal,occ Change from D to

Proposed use: Light manufacturing - prefab of electrical assemblies and office space

Project Address: 2526 NW YEON AVE

Appellant Name: Sam Elliott

LUR or Permit Application #: Permit 22-150492 -MT

Stories: 3 Occupancy: F-1 Construction Type: TYPE III-B

Fire Sprinklers: Yes - Throughout building

Plans Examiner/Inspector: SEAN VANDERJAGT

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

OMSC 607.5.5 and OSSC 717.5.3

Requires

Code 607.5.5: Shaft enclosures that are permitted to be penetrated by ducts and air transfer openings shall be protected with listed fire and smoke dampers installed in accordance with their listing.
Code 717.5.3: Shaft enclosures that are permitted to be penetrated by ducts and air transfer openings shall be protected with approved fire and smoke dampers installed in accordance with their listing.

Code Modification or Alternate Requested

We would like to waive the code requirements for fire smoke dampers, allowing the fire dampers already installed in conjunction with the Building smoke detectors to comply with the code’s intent instead of combination fire/smoke dampers.

Proposed Design

Installations of fire dampers at the entrance of the fire rated shaft between the 3 floors instead of fire smoke dampers

Reconsideration Text: Allow the use of the smoke detectors in each room in conjunction with fire dampers in the ductwork on each floor to comply with OMSC 607.5.5 and OSSC 717.5.3.

The HVAC systems return ductwork if allowed to remain open during the smoke phase of the fire can be used as a means to exhaust smoke from the fire area, using the barometric relive damper of the economizer. see attached side view of the ductwork.

and if the temperature increases over 105 deg. it will trigger the fire damper fusible link closing the fire damper.

the multiple smoke detectors through the building and on each of the rooms will serve as an early detection and activation of the fire alarm system.

Reason for alternative

This building is open concept, no fire walls or fire sealings other than the shaft for the ductwork. This building also has fully operational fire sprinkler system.
The HVAC is divided into 6 RTU units that are isolated--2 per floor. Within each floor each unit supplies air to one half of the building, front or back. The return ductwork of these units only has one opening which is no more than 5 ft from the shaft and the fire damper--and it’s connected to the RTU on the roof and made of 24-gauge galvanized metal.
The duct meets one of the exceptions in Section 717.5.3: Because all exhaust ducts run continuously and independently to the exterior, without serving multiple floors, fire dampers are not required. The exhaust ducts meet OSSC CHAPTER 7, SECTION 717.5.3, EXCEPTION 1.2 (PENETRATIONS ARE TESTED IN ACCORDANCE WITH ASTM E 119 OR UL 236).

Reconsideration Text: There is one smoke detector in each room and multiple smoke detectors in open areas, along with fire sprinkler system throughout building on each floor. It is our understanding that past exceptions have been made previously to allow smoke detectors in each room instead of fire/smoke dampers to provide early warning of danger from fire.

Appeal Decision

Install smoke detectors in every room in lieu of smoke dampers: Granted as proposed.

"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."