Appeal 33606
Appeal Summary
Status: Decision Rendered RECONSIDERATION OF 33579
Appeal ID: 33606
Submission Date: 12/5/24 8:02 AM
Hearing Date: 12/11/24
Case #: B-010
Appeal Type: Building
Project Type: commercial
Building/Business Name:
Appeal Involves: Reconsideration of appeal,occ Change from R-3, M & S-1 to B & F-1
Proposed use: Restaurant
Project Address: 2001 SE 11th Ave
Appellant Name: Jennifer Wright
LUR or Permit Application #: Permit 24-076006-CO
Stories: 2 Occupancy: R-3, M & S-1 Construction Type: V-B
Fire Sprinklers: No
Plans Examiner/Inspector: Maureen McCafferty
Plan Submitted Option: pdf [File 1] [File 2] [File 3] [File 4]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 705.5 Fire-Resistance Ratings |
|---|---|
| Requires | 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. |
| Code Modification or Alternate Requested | 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). |
| Proposed Design | 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.) ** Reconsideration Text: To provide passive fire protection to the west façade we propose an interior intumescent coating on the west interior walls abutting the staircase to provide passive fire protection. The application of the paint will meet the manufacturer's directions for both the interior & exterior applications. Additional information of am ICC-ES Listing Report has been submitted to provide clarity to the Board regarding the intumescent coating. ** |
| Reason for alternative | 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. |
Appeal item 2
| Code Section | 1003.2 Ceiling Height |
|---|---|
| Requires | The means of egress shall have a ceiling height of not less than 7 feet 6 inches above the finished floor. Allowable projections in accordance with Section 1003.3. |
| Code Modification or Alternate Requested | 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. |
| Proposed Design | 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. |
| Reason for alternative | 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. 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. ** Reconsideration Text: The Basement floor plan illustrating the location of the egress path & low head clearance markings @ beams has been updated to show the clear height under the projecting beams. ** |
Appeal item 3
| Code Section | 1010.1.1 Size of Doors |
|---|---|
| Requires | 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. |
| Code Modification or Alternate Requested | 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. ** Reconsideration Text: |
| Proposed Design | 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. ** Reconsideration Text: |
| Reason for alternative | 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. ** Reconsideration Text: |
Appeal Decision
Item 1. Allow existing exterior wall assemblies and associated roof projections to remain on the south and west facades: Denied. Proposal does not provide equivalent fire and life safety.
Item 2. Maintain existing basement ceiling height and projections: Granted as proposed for this tenant and use only.
Item 3. Allow the door to be partially reduced in head height: Denied. Proposal does not provide equivalent fire and life safety.
Appellant may contact Maureen McCafferty (503-865-6542) with questions.
For the item granted, the Administrative Appeal Board finds that the information submitted by the appellant demonstrates that the approved modifications or alternate methods are consistent with the intent of the code; do not lessen health, safety, accessibility, life, fire safety or structural requirements; and that special conditions unique to this project make strict application of those code sections impractical.
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.