Appeal 33640
Appeal Summary
Status: DECISION RENDERED
Appeal ID: 33640
Submission Date: 1/7/25 4:33 PM
Hearing Date: 1/15/25
Case #: B-004
Appeal Type: Building
Project Type: commercial
Building/Business Name: Russell Street Apartments
Appeal Involves: Erection of a new structure
Proposed use: Multifamily R-2
Project Address: 32-36 N Russell ST
Appellant Name: Joren Bass
LUR or Permit Application #: Permit 2023-054847 -CO
Stories: 7 Occupancy: R-2 Construction Type: III-A over I-A
Fire Sprinklers: Yes - Full
Plans Examiner/Inspector: Freeh/Steven
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 705.8 |
|---|---|
| Requires | Where a new building is to be erected adjacent to a property line (OSSC 705.8) and a neighboring building across the property line that requires opening protectives in the exterior wall of the new building (OSSC 705.8.6.2). The openings require a fire protection rating of not less than 3/4 hour. |
| Code Modification or Alternate Requested | We request employing Type 13 water curtain sprinklers in lieu of providing a fire-rated window at locations requiring a protection rating of 45 minutes or less following the City of Portland BOD 22-02 Fire Sprinkler Protection of Unprotected Glazed Openings. |
| Proposed Design | Windows on the South and East elevations meet the requirements of OSSC 705.8 but would typically require a 45-minute protection rating. Type 13 water curtain sprinkler protection at non-fire rated openings at the South and East façades of the building where the vertical exposure from separate lots is more than 5 feet but less than 10. Type 13 heads are to be used, windows are non-operable, and sprinklers are spaced not more than 6 feet apart and placed a minimum of 6 inches and a maximum of 12 inches from the openings with a maximum of 12 inches below the ceiling. Sprinklers are to be installed on the occupied side of the openings. The exterior walls in which the windows are located will be 1 HR-rated fire barrier wall as required per OSSC 1021.42. No mechanical openings are proposed in these walls. A separate permit will be obtained from the Fire Marshal’s office for the sprinkler system. |
| Reason for alternative | Providing light and views into the living units is a benefit to the tenants of the building. There is less chance for installation and supply error by allowing this window to be the same not-rated construction as the rest of the building windows. If windows are ever damaged after occupancy, the chance of replacement with non-rated units is eliminated. Dedicated sprinkler heads at non-operable windows will protect the openings from the adjacent building and property line. In this case, the additional Type 13 sprinkler head provides an equivalent level of life safety as 45 45-minute protected opening and follows BOD 22-02. |
Appeal Decision
Type 13 water curtain sprinkler protection at non-fire rated openings: Granted provided the windows meet the provisions of BOD 22-02.
"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 the 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.