Appeal 33675

Appeal Summary

Status: DECISION RENDERED

Appeal ID: 33675

Submission Date: 1/30/25 6:09 PM

Hearing Date: 2/5/25

Case #: B-003

Appeal Type: Building

Project Type: commercial

Building/Business Name: 9837 n lombard st

Appeal Involves: Alteration of an existing structure,occ Change from R3 to R2

Proposed use: apartments - low income housing

Project Address: 9837 n lombard st

Appellant Name: Dave Spitzer

LUR or Permit Application #: Preliminary

Stories: 2 Occupancy: R2 Construction Type: VB

Fire Sprinklers: Yes - Yes 13D in new apartment #3

Plans Examiner/Inspector:

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

903.3.1.2

Requires

Requires a NFPA 13R system in all residential buildings under the OSSC

Code Modification or Alternate Requested

We are asking for just the newly created unit to be sprinklered.

Proposed Design

The new unit would be the back 2/3rds of the ground floor of 9837 (unit #1) (9841 #2 is other side of duplex).

We would like to install more robust sound and fire separations to compartmentalize our fire area. In exchange we would like to just sprinkle the newly created unit to NFPA 13D.

Reason for alternative

This additional unit would allow a second low income family to housed in these multi-bedroom houses. The costs of sprinklering the entire structure would make the project difficult financially. We believe that by increasing the fire and sound separation of all walls separating the new unit as well as the ceiling above the new unit we will provide equivalent protection while keeping the project affordable.

Appeal item 2

Code Section

TABLE 705.5

Requires

REQUIRES walls less than 10' from the property line to be 1 hour fire rated

Code Modification or Alternate Requested

To allow the existing non-rated walls to remain as is.

Proposed Design

Our side yard setbacks are likely 5'. To retrofit the entire South and North exterior walls to 1 hr fire rating as well as the reduction in openings would be very difficult.

We would be willing to install a sprinkler head over each window to provide equivalent protection.

Reason for alternative

The change of code from residential to commercial makes it difficult to impossible to add a unit to a duplex. In this case it would be under 800 sf - so could be considered an adu added to a duplex.

We feel that sprinklering the new unit and above all exterior windows along the North and South walls will increase the safety of this building.

Appeal Decision

ITEM 1: Allow 13D sprinkler system in one unit in lieu of 13R sprinkler system throughout: Denied. The proposal does not provide equivalent fire and life safety.
ITEM 2: Allow existing exterior walls to remain: Hold for more information.

"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.
"

"Appellant has been sent an email clarifying the additional information requested. For information about how to file a reconsideration go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov.
"