Appeal 33526

Appeal Summary

Status: DECISON RENDERED

Appeal ID: 33526

Submission Date: 10/9/24 5:32 PM

Hearing Date: 10/16/24

Case #: R-002

Appeal Type: Building

Project Type: residential

Building/Business Name:

Appeal Involves: Alteration of an existing structure

Proposed use: Accessory sleeping unit

Project Address: 4832 NE Cleveland Ave

Appellant Name: Joshua Richards

LUR or Permit Application #: Permit 24-044349- RS

Stories: 1 Occupancy: R Construction Type: V-B

Fire Sprinklers: No

Plans Examiner/Inspector: Robert Bigelow

Plan Submitted Option: pdf   [File 1]   [File 2]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

R109.1

Requires

Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved.

Code Modification or Alternate Requested

This appeal is requesting that no inspections of the existing conditions be required and only the new work, a new radon mitigation system and mini drywell, need be inspected.

Proposed Design

Single story, 224 square foot Type V-B accessory structure with 1 single bathroom that includes toilet, sink and a shower. This structure is accessory to the main house and does not have a kitchen. Construction is continuously sheathed wood structural panel bracing, with conventional wall framing. Rafters are tied to exterior walls with Simpson Strong Tie H2.5A Hangers as depicted in the construction photo, Figure 1.
Foundation is 4,000 PSI, see concrete mix in Figure 2. Slab is reinforced with rebar in the turndown footings and WWM in the field, above code minimum, see Figure 3 and Figure 4.
Energy efficient and radon mitigation are being incorporated as part of appeal ID #32276.

Reason for alternative

The structure is already built and there is sufficient documentation that this structure was built above code minimums. The owners are looking to legalize this structure without tearing it down or perform any destructive testing to field verify the structure was built to code.
This is a single story, Type VB accessory structure. It serves as an extension of the living space as an additional sleeping unit. The structure was originally constructed in 2016 in place of an existing shed building that was demolished. Both the demolished shed, and the new accessory building were at that time less than 200 square feet. During the pandemic in 2020 a bathroom was added onto the living space, making the total square footage approximately 225.
There are photos taken during construction which document some of the key structural components. These photos illustrate a reinforced foundation, above and beyond what is required by current code, concrete PSI beyond code requirements and rafter framing which includes Simpson hangers above code minimums. The wall bracing is above code minimums with a continuously sheathed wall structural panels installed around the entire perimeter see Figure 1 and Figure 5. The walls are anchored to the foundation with anchor bolts at least every 6’ o.c. and within 12 inches of the end of the braced wall lines. See Figure 6.
The photos and receipt for the concrete mix clearly indicate that care was taken in the construction of this very small accessory structure. The owner has in good faith moved to legalize the building by:

  • Applying for a building permit
  • Providing a radon mitigation system,
  • Providing storm water management with a rain collection system and a drywell and
  • Increased energy efficiency with low-e glazing films.

Please allow the existing structure and its systems to go without inspection, and inspect only the new work which is limited to the mini drywell and the radon mitigation system.

Appeal Decision

"Request to limit inspections on a structure built without a building permit to only new work, radon mitigation, and drywell: Denied. The proposal does not provide equivalent fire and life safety.
Appellant may contact Janell Piercy (503-823-4735) with questions."

"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, how to file a reconsideration, and appealing to the Building Code Board of Appeal, go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov.
"