Appeal 33552

Table 705.5 & Table 705.8

Table 705.5 requires 1 hour wall at exterior wall of a structure that is less than 5 feet from the property line. Table 705.8 does not permit openings in a wall 3 feet or less from the property line.

We are requesting that no new 1 hour wall be required at west edge of trash structure that abuts the west property line. We will not be providing any openings as we are not proposing any new wall. We will be utilizing an existing concrete retaining wall instead for our wall.

This Building Code Appeal is being required due an onsite meeting with officials from BDS and the Fire Marshal in mid September, 2024. To better understand the context of this requested Building Code Appeal, please refer to A/A1 for overall view of the Site Plan, B/A1 for North Elevation of trash enclosure, A/A2 for enlarged Trash Enclosure Plan & B/A2 for Section at Structure & Property Line. Sheets A1 & A2 are attached to this application which has these details.

This trash-recycle structure was recently built as part of a new Food Pod project. The trash-recycle structure is located at existing west property line of subject property (1951 SW 6th Ave). At the adjacent property to the west (1948 SW Broadway), there is an existing 8” thick & 10’-6” tall concrete retaining wall. The east face of retaining wall abuts the common property line between the two properties. The new trash-recycle structure at its west side essentially abuts the east edge of the 8” thick concrete retainer wall. We are proposing that the existing concrete retaining wall serve as the required 1 hour wall for our alternate design. No openings are being proposed as our intention is to utilize this existing concrete wall to address the 1 hour wall requirement.

There is no requirement for a rated roof for this structure due to the separation we have from the adjacent building. The adjacent building at 1948 SW Broadway, its nearest wall plane is located 18 feet away. This is over 15 feet threshold that allows the roof to be non-rated. However, we are proposing adding a 5/8” thick layer of exterior type X gypsum board to the underside of the roof rafters as part of our alternate design for creating additional fire protection.

The new structure was built by Owner with the understanding that we had received approved plans from BDS for the Food Pod project. However, later after the completion of the structure, it was learned that trash-recycle structure was not officially approved set by BDS for the Food Pod project. BDS is requiring a separate Building Permit for this already built Trash-recycle structure. So for this reason we are requesting this alternate be approved to remedy this issue and to show sufficient (alternate) protection at the west edge of trash-recycle structure.

The existing retainer 8” solid concrete wall, which is taller than our new structure, will serve to meet the minimum 1 hour code requirement.
The OSSC table 721.1(2) defines various solid concrete wall types with their rating. This existing 8” thick concrete retaining wall has the equivalent of 4 hour (minimum) protection.
This adjacent existing 8” thick retaining wall is located on property supporting a relatively new 10 story building. The likelihood of this wall ever being removed or altered is not likely unless they demolished the whole 10 story structure.
We are providing additional fire protection as provided in the roof structure. 722.6 establishes provisions for determining fire resistant rating by calculations for wood assemblies. Utilizing the tables under section 722.6.2 for walls, floors & roofs (Tables 722.6.2 (1) & 722.6.2 (2)) we can determine the following rating for the trash-recycle structure roof:
A. 40 minutes for 5/8” type X gypsum board at the underside of roof
B. 10 minutes for wood roof joists @ 16” O.C.
Therefore, the total of roof assembly is 50 minutes minimum.

We believe that this proposed alternative will provide greater protection than what the OSSC dictates in Table 705.5.

RECONSIDERATION TEXT

The two requested letters are attached. One from the Owner and the other from adjacent neighbor PSU