Appeal 33579

705.5 Fire-Resistance Ratings

Exterior walls shall be fire-resistance rated in accordance with Table 601, based on the type of construction, and Table 705.5, based on the fire separation distance. The required fire-resistance rating of exterior walls with a fire separation distance of greater than 10 feet shall be rated for exposure to fire from the inside. The required fire-resistance rating of exterior walls with a fire separation distance of less than or equal to 10 feet shall be rated for exposure to fire from both sides.

Allow the exterior wall assembly and associated roof projections on the South and West façades, which have a fire separation distance of less than 5 feet, to remain. The wall assembly is (from outside to inside) old-growth wood shiplap siding (3.5” reveal) over 1x6 wood shiplap over 2x4 old-growth framing (1.75” x 3/5”). The inside walls are lath and plaster (3/8” thick).

The exterior of the South façade, including associated roof projections, will be coated with intumescent paint followed by an intumescent topcoat for exterior use to provide passive fire protection. (See attached technical specs and testing data.) This process cannot be completed during the winter months; we kindly request the city grant us the ability to move forward on all other efforts with final sign-off upon completion of this process, which would be after April 1, 2025.

The west façade abuts a small empty lot, unlikely to be developed due to its size, and unlikely for development to be allowed so close to our structure. Due to cost burdens, we prefer to hold off on coating this side of the building. If coating is required, we propose an interior intumescent coating on the west interior walls abutting the staircase to provide passive fire protection. (Attached are specs and testing data for the exterior coating which also holds for interior usage. Interior usage does not require the topcoat.)

Our building is located on the corner of SE Harrison and SE 12th. The building adjacent to the South property line was built in its current position in 1893 and our building was constructed in 1909. (Both structures are on their original foundations.) This was during the era of the development of Ladd’s Addition, a wagon-wheel planned neighborhood that’s now on the National Register of Historic Places, the center spoke of that wheel pointing due west down Harrison -- and the easternmost border of the historic neighborhood a block away on SE 12th.

Our corner property is notably located and uniquely Victorian in its small footprint and its close proximity to the neighbor to the south.
The building adjacent to the South property line is a distance of 28”, which requires a 1-hour wall assembly per Table 705.5. The West property line is assumed to be less than 5’ from the exterior wall. Assuming the existing South and West walls are not built to a 1-hour tested wall assembly, the passive fire protection of the intumescent paint will provide thermal protection in the chance of a fire. The existing restaurant use and the impact to both sets of stairs preclude any additional gypsum board material being added to the interior walls at the South and West façades.

Attachments:

1. Site plan with adjacencies shown.
2. Letter from John Simontacchi, consultant @ Firefree Coatings

705.8.1 Allowable Area of Openings

The maximum area of unprotected and protected openings permitted in an exterior wall in any story of a building shall not exceed the percentages specified in Table 705.8 based on the fire separation distance of each individual story.

Allow the non-rated wall assembly and associated roof projections at the South and West façades to remain in exchange for removing unprotected windows below the height of the adjacent building’s soffit line and replacing the existing unrated door assembly.

The unprotected two windows at the main level along the South side will be removed, and the wall infilled. The infill wall assembly is to be one-hour rated and constructed per item number 15-1.15 as specified in OSSC 2022 Table 721.1(2). The existing door allowing access to the area between the buildings from the SE stairs will be replaced by a 45-minute rated door assembly with no glazing per the requirements of OSSC 2022 Table 716.1(2).

2001-2005 SE 11th, built in 1909, is a late Victorian-era structure, with proposed usage on the main and second floor as a small restaurant. The sturdy building, in continuous use for 115 years, features old growth construction and stands as a testament to an earlier time. The property owner and tenants have worked to retain the charm and viability of the structure and old Portland. The change of occupancy effort, ongoing since Feb 2024, has presented a hardship in lost rent on the main floor as well as professional fees and projected improvements. The owner and tenants hold a practical urgency to get the building working to its full capacity, safely.

2001 SE 11th is a cornerstone of vitality in a struggling pocket. The store opposite on the corner of SE 11th is vacant. The building opposite on SE Harrison ( one building west of corner) is empty. A new tent went up across the street last week.

The building adjacent to the South property line is a distance of 28”, based on Table 705.8 no openings are permitted. At the main level, there are two existing windows and a door (not an exit door) providing occasional access to the space between the buildings and a way to move bulky items from the basement. At the restaurant level (upper level) there are four windows which are all above the adjacent building’s soffit line. Removing the main level windows and replacing the door with a 45-minute rated door assembly brings the exterior wall closer into compliance with 705.8.1. It would be a detriment to interior space and historic character to enclose the second-floor windows.

Attachment:

1. Wall assembly construction.
2. The existing plan illustrating the windows being removed & adjacency to the neighboring building.
3. The South facade exterior elevation illustrating the proposed changes.
4. Specs on 45-minute rated door assembly.

1003.2 Ceiling Height

The means of egress shall have a ceiling height of not less than 7 feet 6 inches above the finished floor.
Exceptions:

1. Allowable projections in accordance with Section 1003.3.

Allow an exception to code requirements due to the nature of the pre-existing conditions. Maintain existing basement ceiling height and install visual markings along the means of egress circulation path.

The ceiling above the circulation path between the two required exits varies between a gypsum board finished ceiling and exposed framing of the floor above. We propose to add ½” gypsum board to the bottom of the floor joists above the 36” wide means of egress circulation path. Additional lighting will be added along the means of egress circulation path, ensuring a minimum illumination of 1 footcandle. A painted striped pattern illustrating the path between exits will assist in wayfinding and ensure that storage elements will not be placed within that area.

We are proposing no alteration to the existing ceiling height due to the financial burden of digging the basement floor lower in an attempt to meet the required ceiling height. The occupancy at the basement level is calculated as 3 (Group F-1), although typically there is only 1 person in the basement at any one time. Since the basement is not open to the public, the only people in this space are staff/tenants who are aware of the basement’s characteristics.
The existing finished ceiling in the basement level is approximately a height of 6’-10” (82”). Modifying the ceiling height to conform to the required 7’-0” (84”) at the storage area and 7’-6” (90”) along the path of travel is disproportionate to the costs of the alterations.

Adding a finished gypsum ceiling along the egress circulation path, the additional lighting and painted markings will provide a clear path of travel while the remainder of the space can be maintained for storage & roaster production. There are two locations along the egress circulation path where beams lower the ceiling to a level below 80”. We propose to paint these beam locations in a way that illustrates a hazardous “low head clearance” at non-compliant overhead areas.

Attachment:

1. Basement floor plan illustrating the location of the egress path & low head clearance markings @ beams.

1010.1.1 Size of Doors

The required capacity of each door opening shall be sufficient for the load thereof and shall provide a minimum clear opening width of 32 inches. The clear opening width of doorways with swinging doors shall be measured between the face of the door and the stop, with the door open 90 degrees. The minimum clear opening height of doors shall be not less than 80 inches.

Allow a new proposed door between the back hallway & basement stairs to have a partially reduced head height (angled top) based on the encroachment of the existing stair stringers.

A door needs to be added to comply with OSSC Section 712.1.9 Two-story Openings. The proposed door is customized to have an angled top to allow installation around the existing stringer.

The existing stringer doesn’t allow the installation of a door to meet the 80” height requirement of OSSC Section 1010.1.1. Modifying the stair stringer to allow for a code-compliant door is technically infeasible and would render the stairs unusable. Although the existing stairs have a vertical rise greater than 12’-0”, they are being maintained per OSSC Section 3405.3.1 exception 1: The existing space and construction doesn’t allow a reduction in pitch or slope.

Attachment:

1. Main floor plan illustrating the location of the door with partially reduced head height.
2. Photo at the existing opening.

1010.1.4 Floor Elevation

There shall be a floor or landing on each side of a door. Such floor or landing shall be at the same elevation on each side of the door. Landings shall be level except for exterior landings, which are permitted to have a slope not to exceed 0.25 unit vertical in 12 units horizontal (2-percent slope).

Maintain the existing landing at the West side of the new proposed interior door (noted in Appeal #5) which is 9” below the door threshold. Maintain the existing two steps with no landing condition at the East and the North exit doors.

At the interior door, the request is to permit the existing landing to remain at 9” below the door threshold instead of meeting the requirement of a level landing per Section 1010.1.4. At the two exterior doors, to permit the existing conditions at both exit doors. A guardrail exists at the East exit door, and one will be added that meets the requirements of OSSC Section 1015.1 at the North exit door.

The interior door opens to the existing stairs, which have an inconsistent rise, varying between 7.75” and 9.5”, but which are being maintained per OSSC Section 3405.3.1 exception 1: The existing space and construction doesn’t allow a reduction in pitch or slope. The landing at the door is part of this stair system and there is not enough room to bring the landing up to the level of the door threshold. To highlight the hazard, signage on the hallway side of the door will be added to alert someone of the lower landing on the opposite side of the door. The occupancy at the basement level is calculated as 3 (Group F-1), although typically there is only one person in the basement at any one time. Since the basement is not open to the public, the only people in this space are staff/tenants who would be made aware of this lower landing condition.

Adding a new external landing at the two exterior door locations to make the existing exit code compliant would significantly increase the encroachment into the public right-of-way.

Attachment:

1. Main floor plan illustrating the location of the doors.
2. Photo at the existing SE Harrison Street exit door. (SE 11th Ave door sim)

1010.1.1 Size of Doors

The required capacity of each door opening shall be sufficient for the load thereof and shall provide a minimum clear opening width of 32 inches. The clear opening width of doorways with swinging doors shall be measured between the face of the door and the stop, with the door open 90 degrees. The minimum clear opening height of doors shall be not less than 80 inches.

Permit the North-facing exit door to remain at the existing width of 29.5 inches clear measured between the face of the door and the stop with the door open 90 degrees, instead of meeting the minimum clear opening width of 32 inches per Section 1010.1.1.

The width of the exit door, original to the 1909 building, is proposed to remain as existing.

Increasing the width of the exit door is a significant additional expense. Widening the door would require the removal of both interior and exterior finishes including historic trim profiles, demo, new structural framing members, and new door/frame.

The current owner is committed to doing their part to make the building safer but unfortunately providing a fully code-compliant door opening width is prohibitively expensive and will potentially damage the historic fabric of the building.

Attachment:

1. Main floor plan illustrating the location of the door.
2. Photo at the existing SE Harrison Street exit door.