Appeal 33705
Appeal Summary
Status: DECISION RENDERED
Appeal ID: 33705
Submission Date: 2/21/25 5:23 PM
Hearing Date: 3/5/25
Case #: B-001
Appeal Type: Building
Project Type: commercial
Building/Business Name:
Appeal Involves: Alteration of an existing structure,occ Change from r3 to r1
Proposed use: 4 plex
Project Address: 3825 SE 32nd ave
Appellant Name: dave spitzer
LUR or Permit Application #: Permit 24-102997-CO
Stories: 3 Occupancy: R-2 Construction Type: vb
Fire Sprinklers: Yes - 13R throughout
Plans Examiner/Inspector: Renay Radtke Butts
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 1014.6 |
|---|---|
| Requires | 12" handrail extensions top and bottom of stairs |
| Code Modification or Alternate Requested | To allow the 12" extension to wrap the corner to reflect the direction(s) of travel. |
| Proposed Design | My interpretation of 1014.6 is that the return continue in the direction of travel at stair(S) - with the emphasis on the "S" - multiple. In our case - it's just the one stair that leads to a landing at grade - since there is not another stair - the handrail extension needs to reflect the direction of travel at the landing. |
| Reason for alternative | We need the clearance at the landing and cannot have a 12" extension protruding into the exit path. |
Appeal item 2
| Code Section | 1027 |
|---|---|
| Requires | exterior exit stairs shall be 10' from property lines and adjacent buildings |
| Code Modification or Alternate Requested | To allow the proposed exterior stair to remain as drawn. |
| Proposed Design | This stair was build illegally when the SFR was changed to a tri-plex without permits. We want to rebuild a more code compliant, structural sound stair in the same/sim location. This stair serves two units - one on the 2nd and one on the third. Sections of the stair are on A3 of the drawings. The stair itself is about 8' from the 4-plex but accessed via an elevated exit path (open walkway). The bottom the the wood stairs are about 5' from the North property line. From this area you can access the yard and go west or go east the bottom of this exterior stair that is built into the grade and is directly adjacent to the property line - this stair leads to the exit court on the North side of the building (N wall is now fire rated as well). |
| Reason for alternative | Minimal occupants, a new 13R sprinkler system and the free standing (away from any flammables) stairs seem to meet the intent of the code. |
Appeal item 3
| Code Section | 1206.3 |
|---|---|
| Requires | STC and IIC of 50 to separate dwelling units |
| Code Modification or Alternate Requested | To allow a very similar, recognized, floor ceiling system to be used. |
| Proposed Design | Confusing... I've been told 3 different things about floor/clgs. by bds staff this year and know why there is confusion as you dive into this... Can BDS or state issue a code guide similar to LA?... Very difficult to find a FC assembly that has 1 hr rating - STC and IIC of 50 that can work with an older structure. The LA Bldg. Dept via document P/BC 2-23-069 (see drawing page A1) recognizes the system we'd like to use on this project. |
| Reason for alternative | We don't view this an alternative - it's a matter of finding the right, approved assembly and we feel this assembly meets the intent of the code. |
Appeal Decision
"ITEM 1: Reduced handrail extension at bottom of stair.
Denied. Proposal does not provide equivalent fire and life safety.
ITEM 2: Reduced fire separation distance at property line and existing building.
Denied. Proposal does not provide equivalent fire and life safety.
ITEM 3: Alternate floor/ceiling assembly for STC and IIC requirements.
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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