Appeal 33490
Appeal Summary
Status: DECISION RENDERED - Building Code Board of Appeals
Appeal ID: 33490
Submission Date: 9/24/24 9:37 AM
Hearing Date: 2/15/24
Case #:
Appeal Type: Building
Project Type: residential
Building/Business Name:
Appeal Involves: Reconsideration of appeal
Proposed use: Single Family Dwelling
Project Address: 2950 NE 32nd Ave
Appellant Name: Risa Boyer Leritz
LUR or Permit Application #: Other 0
Stories: 2 Occupancy: R-3 Construction Type: TYPE V
Fire Sprinklers: No
Plans Examiner/Inspector: MATT ROZZELL
Plan Submitted Option: mail
Payment Option: person
Appeal Information Sheet
Appeal item 1
| Code Section | ORSC R311.7.5.2: Treads, Brochure 9: Converting Attics, Basements, and Garages to Living Space |
|---|---|
| Requires | An existing stairway leading to new living space may be steeper, narrower, and have lower headroom than the current code allows. The stairway must have treads no smaller than 9” and risers no higher than 9”. The steps should be relatively even with the largest difference between the biggest and smallest rise or run not more than 3/8”. |
| Code Modification or Alternate Requested | Allow the existing stair from the finished basement to the first floor to remain and be used with the tread and riser dimensions as currently built. |
| Proposed Design | The proposed design retains the existing stair to access a basement remodel which creates a new finished laundry room, exercise room, and small bathroom. The existing stair meets or exceeds Brochure 9 requirements with the exception of tread depth. The existing dimensions are: |
| Reason for alternative | This stair is original to the 1928 house and serves the basement. In its existing state, it is a suitable stair that is well built and in good structural condition. However, it doesn’t meet the building code required minimum depth of 9”. Altering the stair to meet the 9” tread depth requirement would cause extensive renovations and compromise the existing landing and top run of the stairs that lead into the home’s kitchen as well as the upper staircase. The other existing dimensions make this a well-functioning stair that does not cause a safety hazard, and code compliant handrails and guardrail will be installed along each side of the stair. |
Appeal Decision
The Building Code Board Appeals met on February 15, 2024 and the following decision was reached:
Allow existing basement stairway with 8" tread depth to remain to serve newly permitted basement habitable space: Denied. Proposal does not provide equivalent life safety.
The appellant may contact Dave Tebeau (503-823-4072) with questions.
Decision: Unanimous
Board members: Eric Bressman, Sharon Nobbe and Beth Brett
Pursuant to Oregon Revised Statutes 455.690, you may appeal this decision to the appropriate State of Oregon advisory board within 30 calendar days of the date this decision is published. For information on the appeals process and costs, including forms, appeal fee, payment methods and fee waivers, contact the Oregon Department of Consumer and Business Services, Building Codes Division.