Appeal 33550

Appeal Summary

Status: Decision Rendered

Appeal ID: 33550

Submission Date: 10/29/24 11:41 AM

Hearing Date: 11/6/24

Case #: E-001

Appeal Type: Electrical

Project Type: Residential

Building/Business Name: Wallace Law Firm

Appeal Involves: Correction of a violation

Proposed use: Residential hot tub

Project Address: 495 NW Greenleaf Rd

Appellant Name: David Wallace

LUR or Permit Application #: Permit 24-083007-ET

Stories: 2 Occupancy: Family Construction Type: Alteration

Fire Sprinklers: No

Plans Examiner/Inspector: Jack Maynard

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

NEC 356.10 AND 300.5

Requires

The NEC and our adopted Oregon Electrical Specialty Code (OESC) allows you to reduce burial depth to 12” with a 2” layer of concrete above the conduit in a trench. It could be immediately above the conduit or anywhere above the conduit so long as the final depth remains at least 12” Keep in mind that final grade can be raised some to accomplish the final depth. You would only need a 4” slab extending 6” beyond the conduit if you wished to reduce required depth to 4” total.

I’m not certain why following the code provision of adding 2” of concrete on top of the conduit would cause any liability. It would certainly protect the conduit at a level equal to that of achieving the required 18” burial depth.

See Colum 3 in the table below for your conduit type. This article 300.5 is taken from NFPA.link National Electrical Code 2023 which is current code and not amended by the OESC.

300.5 Underground Installations.
(A) Minimum Cover Requirements.
Direct-buried cable, conduit, or other raceways shall be installed to meet the minimum cover requirements of Table 300.5(A).

In trench below 50 mm (2 in.) thick concrete or equivalent

Code Modification or Alternate Requested

Requiring a concrete narrow slab over the electrical conduit creates more problems than it solves.

Proposed Design

Gravel covering an electrical conduit provides adequate protection by distributing weight, preventing soil erosion, and allowing drainage, while offering flexibility and easier access for future maintenance compared to the permanence and rigidity of concrete.

Reason for alternative

Gravel covering an electrical conduit provides adequate protection by distributing weight, preventing soil erosion, and allowing drainage, while offering flexibility and easier access for future maintenance compared to the permanence and rigidity of concrete.

Appeal Decision

"NEC 356.10 & 300.5
concrete over the electrical conduit for the hot tub. Not offering anything. Dig deeper or pour concrete or schedule 40/80 conduit or pavers
Denied. The proposal does not provide equivalent life safety."
The appellant may contact Jack Maynard (503-823-8481) with questions.

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