Appeal 33734
Appeal Summary
Status: Decision Rendered - Granted with provisions
Appeal ID: 33734
Submission Date: 3/19/25 12:58 PM
Hearing Date: 3/26/25
Case #: B-004
Appeal Type: Building
Project Type: commercial
Building/Business Name:
Appeal Involves: Reconsideration of appeal
Proposed use: R1
Project Address: 4065 N Mississippi Ave
Appellant Name: Hayden Laverty
LUR or Permit Application #: Permit 20-177674-CO
Stories: 2 Occupancy: R1 Construction Type: V-B
Fire Sprinklers: Yes - throughout
Plans Examiner/Inspector: Mike Rider
Plan Submitted Option: pdf [File 1]
Payment Option: mail
Appeal Information Sheet
Appeal item 1
| Code Section | 907.2.8 |
|---|---|
| Requires | [F] 907.2.8 Group R-1 |
| Code Modification or Alternate Requested | We request a waiver of the fire alarm system requirement by extending the existing sprinkler system to the second story. |
| Proposed Design | Include sprinklers throughout entire building |
| Reason for alternative | The subject building is only 2,500 square feet, which is significantly smaller than the typical structures considered when the code requirements for hotels were drafted. The building's use, scale, and layout more accurately align with the characteristics of an R-2 occupancy, where these specific requirements would not typically apply. Furthermore, the building has already been equipped with a sprinkler system and features short exit distances. These measures provide an equivalent level of life safety, as confirmed by Michael Silva, whose expertise supports that the alternative safety provisions in place sufficiently mitigate potential risks. Given these factors, applying the strict standards for larger "hotels" is not only unnecessary but also imposes an undue burden that does not align with the intent of the code when addressing buildings of this scale and use. This appeal seeks to align the building's classification and safety measures with its actual use and characteristics, ensuring compliance with the spirit of the code while avoiding the imposition of requirements that do not enhance safety in a meaningful way. |
Appeal Decision
Allow change of occupancy to R-1 on first floor and basement with extension of NFPA 13R sprinkler system to second story in lieu of required fire alarm and smoke detection systems required by 907.2.8: Granted provided single and multi-station smoke alarms are installed as required for residential occupancies.
The Administrative Appeal Board finds with the conditions noted, 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.
Under 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 how to appeal to the Building Code Board of Appeal, go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov.