Appeal 33736

Appeal Summary

Status: Decision Rendered

Appeal ID: 33736

Submission Date: 3/19/25 3:27 PM

Hearing Date: 3/26/25

Case #: B-006

Appeal Type: Building

Project Type: commercial

Building/Business Name: Clifford Apt. Renovation

Appeal Involves: Alteration of an existing structure

Proposed use: Low income Residential

Project Address: 527 SE Morrison Street

Appellant Name: Michael Roberts

LUR or Permit Application #: Permit 23-110255-CO

Stories: 4 Occupancy: R-2 Construction Type: III-B

Fire Sprinklers: Yes -

Plans Examiner/Inspector: Steve Freeh

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

ORS 497.020 & OSSC 1020.5.2.

Requires

a). All building except private residence erected after May 28, 1925, or any building then erected, having three stories or more where the stories above the second story are actually used, shall be equipped with not less than one standard fire escape or one exterior stairway for each 10,000 square feet of lot or ground space, or fraction thereof, occupied by the building.
&
b). Where more than one exit or exit access doorway is required , the exit access shall be arranged such that dead-end corridors do not exceed 20 feet. Exception 2. In a R-2 occupancy where the building is equipped throughout with an automatic sprinkler system in accordance with section 9.03.3.1.1, the length shall not exceed 50 feet.

Code Modification or Alternate Requested

Removal of existing Fire Escapes & mitigate dead end corridors.

Proposed Design

By the FLS improvements of the comprehensive 2025 renovation ( permit# above) one of the two existing enclosed exit stairs will be improved with a new exit passageway from the NW Stair providing a direct protected access to the exterior of the building. The dead end corridors are an existing configuration of this Historic Buildings on its upper floor plans that need to be maintained. The East side corridor extends beyond the minimum by 9’-9” while the West corridor extends by 8’-6”. (Refer to Exhibit A ) In addition to the new NFPA-13 sprinkler system throughout; a smoke detection system is proposed at each upper floor corridors.

Reason for alternative

The existing fire escapes on the South elevation of the building have become a nuisance and security concern for this low-income apartment building. The steel structures are a prime point of unauthorized access and vandalism.
Note: The fire escapes removal was reviewed and approved with Joy Sears at SHPO in July 2024. This information was shared with Jeff Galvan, Sr. Fire Inspector of Portland Fire & Rescue at the same time.
(correspondence available upon request)

Appeal item 2

Code Section

Chapter 13 - Systematic inspection program.

Requires

City of Portland safety ordinance from 1972 to ensure that adequate fire and life safety plans with regular inspection are in place for the residents of older multi story apartments and hotels of 3 stores or more that did not meet adequate fire protection and exiting due to their design / configurations.

Code Modification or Alternate Requested

Removal of this building from the City of Portland's Chapter 13 List.

Proposed Design

With the 2025 comprehensive renovation ( permit# above) a number of prior code inadequacies of the building going back 30 plus years will be improved. Most importantly related to resident safety; the two existing enclosed exit stairs will be improved with a new direct exit passageway from the NW Stair providing direct 2hr protected access to the public way. And a new NFPA-13 sprinkler system will be installed.

Reason for alternative

Primary deficiency of this chapter 13 issue: The building’s existing core and two stair configuration still need to be maintained in their current locations in order to keep the existing number of resident living units. Prior to this new full renovation neither stairway lead directly to the exterior of the building without first passing though intervening spaces. The new design with exit passageway resolves this longstanding Life Safely existing issue.

Appeal item 3

Code Section

Plumbing systems Chapter 2902

Requires

Plumbing fixtures shall be provided in the minimum number as shown in table 20902.1 based actual use of the building or space. Uses not shown in Table 2902.1 shall be considered individually by the Building Official and reflect the use of the space being served by the fixtures. The number of occupants shall be determined by this code.

Code Modification or Alternate Requested

Reduced plumbing fixtures on common ground floor.

Proposed Design

The Clifford Buildings ground floor has a mix of occupancy's that are accessory to the main R-2 occupancy. Namely: B, S and A-3. The assembly uses at the Community room, the lobbies and the laundry room total 157 occupants in a building of just 88 resistant units. The current design is for one (1) unisex accessible restroom within the community room.
The design also does not provide a drinking fountain because the community room will have a servery space adjacent with a supporting kitchen/bar sink/refrigerator as well as coffee and water service area for residents.

Reason for alternative

The Clifford building is a special low-income apartment building that proves homes for individuals with very high barriers to housing, including people just off the street, transitioning out of prison/jail, and those in drug recovery. Within this environment access is restrictive and controlled and unsupervised public rooms are a problem and source for vandalism. In addition, the residents using these spaces will have access to restrooms within their living units or on each upper floor.
Lastly: support staff will have a separate restroom.

Appeal Decision

Item 1: Allow removal of existing fire escapes with 60' dead end corridors to remain: Granted as proposed.
Item 2: Allow the Chapter 13 designation to be removed from this building: Hold for more information.
Item 3: Allow one unisex restroom to serve common areas on the ground floor with additional restrooms available in dwelling units: Hold for more information.

"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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