Appeal 33547

Appeal Summary

Status: Decision Rendered

Appeal ID: 33547

Submission Date: 10/28/24 1:21 PM

Hearing Date: 11/6/24

Case #: R-001

Appeal Type: Building

Project Type: Residential

Building/Business Name:

Appeal Involves: Alteration of an existing structure

Proposed use: Living Space

Project Address: 925 SE 68th Ave

Appellant Name: Stefan Leopold

LUR or Permit Application #: Permit 24-043269-RS

Stories: 2 Occupancy: Residential Construction Type: Wood Fram

Fire Sprinklers: No

Plans Examiner/Inspector: Matthew Maggi

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

: R311.7.10.1 Spiral stairways

Requires

That’s the alternate from BCG 96-12. The code section is R311.7.10.1

The stair must have at least 6 feet, 6 inches of headroom as measured vertically from a plane between the leading edges of adjacent treads.

Code Modification or Alternate Requested

To allow the existing non-conforming spiral stairs to remain with a reduced headroom clearance from the code minimum.

Proposed Design

Modify the existing overhead framing by removing a portion from the bottom of the wood beam above the lowest stair tread to increase headroom to a minimum of 6’-2”. The beam is substantially oversized for the maximum load, so it will not be compromised structurally by the reduction. .

Reason for alternative

The accessory structure was designed and built with the intention that it be a habitable space with a 2nd story sleeping area, and it was approved for occupation by BDS Inspections in 2019. Beginning that same year, the space was used as a registered accessory short term rental until a required review by Property Compliance found several issues that needed resolution to allow it to comply with all sleeping room requirements. During the field inspection to verify compliance, the inspector discovered that the previously approved stair was constructed and approved without the required headroom. BDS allows special exceptions to stairway headroom requirements in some circumstances per the Brochure 9 (Converting Attics, Basements and Garages to Living Space), and we are asking that those be extended to this situation. The modifications will provide 6'2" of head clearance for the usable portion of the spiral staircase. The outermost edges will not realistically (maybe substantially) interfere with the headspace of individuals walking up or down the stairs.


Appeal Decision

Reduce the required headroom above a spiral stairway to 6'-2": Denied. Proposal does not provide equivalent fire and life safety.
Appellant may contact Chris Pagnotta (Chris.Pagnotta@portlandoregon.gov) 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.