Appeal 33659
Appeal Summary
Status: Decision Rendered
Appeal ID: 33659
Submission Date: 1/13/25 1:26 PM
Hearing Date: 1/22/25
Case #: B-003
Appeal Type: Building
Project Type: residential
Building/Business Name:
Appeal Involves: occ Change from R3 to R3 - residential transient living units
Proposed use: Duplex - R3
Appeal Information Sheet
Appeal item 1
| Code Section | 302.1 |
|---|---|
| Requires | Openings in exterior walls that are less than 3 feet for fire separation distance are not allowed. |
| Code Modification or Alternate Requested | We are requesting to allow the existing openings to remain in the upgraded 1-hr rated exterior wall by replacing them w/ fixed windows. |
| Proposed Design | The existing north wall is located less than 3’ from the property line and the existing condition has an operable window on the ground floor and on the second floor. The proposed design would replace the existing operable windows w/ fixed windows. The existing north wall will also be upgraded to a 1-hr rated wall w/ the addition of 5/8” type ‘X’ gypsum on the interior side. The proposed two dwelling units will be separated by 1-hr rated vertical and horizontal assemblies. |
| Reason for alternative | The two windows on the north exterior wall provide additional light to the respective bedrooms. Eliminating the operable function of the windows is a loss for providing fresh air to the bedrooms, however, having them fixed will increase the fire security of the bedroom occupants. Egress windows and/or door egress requirements are met at each location and not diminished by the fixed window replacements. |
Appeal Decision
"ITEM 1: Allow unprotected openings in exterior walls with less than 3 feet fire separation distance: Denied. Proposal does not provide equivalent fire and life safety. Appellant may contact Geoffrey Harker (503-351-9103) with questions.
ITEM 2: Alternate one-hour fire rated exterior wall assembly: Granted as proposed."
"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.
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