Appeal 33574
Appeal Summary
Status: Decision Rendered
Appeal ID: 33574
Submission Date: 11/7/24 7:55 AM
Hearing Date: 11/13/24
Case #: B-007
Appeal Type: Building
Project Type: commercial
Building/Business Name:
Appeal Involves: Alteration of an existing structure
Proposed use: residential living
Project Address: 3552, 3554, 3556 NE SANDY BLVD
Appellant Name: Rahim Abbasi
LUR or Permit Application #: Permit 24-061100 -CO
Stories: 2 Occupancy: R-3 Construction Type: wood frame single family home
Fire Sprinklers: Yes - proposed in basement residential
Plans Examiner/Inspector: Maureen McCafferty
Plan Submitted Option: pdf [File 1]
Payment Option: mail
Appeal Information Sheet
Appeal item 1
| Code Section | Fire Sprinkler Requirements for R Occupancy IBC/9/#2 |
|---|---|
| Requires | :The automatic sprinkler system serving additional residential use floor areas is installed to meet NFPA 13R standards to the satisfaction of the Fire Marshal's office |
| Code Modification or Alternate Requested | Installation of a fire pump and tank typically used in a 13D application to be used in a 13R space. The tank is to be located in a new utility closet. See location on drawing |
| Proposed Design | Installation of a Talco House Hydrant pump and tank, a self contained unit to supply the fire sprinkler system in existing utility closet |
| Reason for alternative | property owner is adding a new residential unit in the existing basement of a two story home with added commercial spaces along the street front. To mitigate costs while meeting requirements for sprinklers owner is proposing to utilize a Talco House Hydrant pump which has been approved by the City of Portland in the past. See appeal ID 27757 |
Appeal item 2
| Code Section | 1207.2 ceiling height |
|---|---|
| Requires | Occupiable spaces, habitable spaces and corridors shall have a ceiling height of not less than 7’-6” above the finished floor. Bathrooms, toilet rooms, kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than 7 feet above the finished floor. |
| Code Modification or Alternate Requested | Proposed basement unit ceiling height 6’-9 ½” |
| Proposed Design | We are proposing a 6’-9 ½” ceiling height in the basement, and adding two casement egress windows in the bedrooms as well as two casement egress windows in the living and dining area. The existing head height to the bottom of floor is currently 6’-9 1/2” which was created with UL Des L514 with sound deadening board and (1) layer type-x ?” gyp board. The existing basement clear height was 6’-11” to framing. |
| Reason for alternative | Existing ceiling of basement sits at 6’9.5” and has been used as a residential unit without a permit. The basement meets the residential code requirements for ceiling height in livable space, but due the commercial spaces in the south of the property the basement unit is now under the commercial building code. All basement ceiling height is at 6’9.5” except for a duct obstruction @ 6’ 2” per the attached RCP |
Appeal item 3
| Code Section | 1011.3 Headroom |
|---|---|
| Requires | Stairways shall have a headroom clearance of not less than 80 inches (2032 mm) measured vertically from a line connecting the edge of the nosings. Such headroom shall be continuous above the stairway to the point where the line intersects the landing below, one tread depth beyond the bottom riser. The minimum clearance shall be maintained the full width of the stairway and landing. |
| Code Modification or Alternate Requested | As basement stair turns in L shape the headroom clearance is reduced to 68-½” at L turn landing. |
| Proposed Design | Existing basement stair turns at L shaped landing with 2 remaining steps to basement floor. The steps are under the existing floor above reducing the clearance to 68-1/2" just past the landing. |
| Reason for alternative | The existing basement ceiling height is at 81-1/2". Due to the already short ceiling height in order to maintain an adequate clearance at the last two steps into the basement would require too much removal of the existing floor structure above which would jeopardize the integrity of the structure of the existing house. |
Appeal item 4
| Code Section | 1029.5.1 EGRESS WELLS |
|---|---|
| Requires | Minimum size. The minimum horizontal area of the window well shall be 9 square feet, with a minimum dimension of 36 inches. The area of the window well shall allow the emergency escape and rescue openings to be fully opened. |
| Code Modification or Alternate Requested | Reduced horizontal projection to 32” |
| Proposed Design | Egress window wells are installed at a reduced minimum projection from the windows of 32". Windows can open a full 90 degrees inside the wells. |
| Reason for alternative | In order to accommodate the existing driveway at the side of the building the window wells can only be 32” depth from face of window. The reduced width of the window egress wells still accommodates the windows to be fully opened at 90 degrees for egress purpose. note that window wells not along the driveway will meet the 36" min depth requirement. |
Appeal Decision
"Item 1: Installation of pump and tank for 13R sprinkler system: Denied. The proposal does not provide equivalent fire and life safety.
Item 2: Reduction in basement ceiling height: Granted for 6'-9.5"" ceiling height. DENIED for 6'-2"" duct obstructions.
Item 3: Reduction in stair clearance height to 5'-8"": Denied. The proposal does not provide equivalent fire and life safety.
Item 4: Reduction in emergency escape and rescue opening window well clearance to 32"": Denied. The proposal does not provide equivalent fire and life safety." Appellant may contact Maureen McCafferty (503-865-6542) 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.