Appeal 33744

Appeal Summary

Status: Decision Rendered

Appeal ID: 33744

Submission Date: 3/28/25 3:57 PM

Hearing Date: 4/9/25

Case #: B-001

Appeal Type: Building

Project Type: commercial

Building/Business Name: Rhone Street Properties LLC

Appeal Involves: Alteration of an existing structure,Correction of a violation

Proposed use: Apartment Building

Project Address: 1118 SE Rhone St

Appellant Name: Neil Lee

LUR or Permit Application #: Permit 24-040172-CO

Stories: 2 Occupancy: R2 Construction Type: VB

Fire Sprinklers: No

Plans Examiner/Inspector: Guy Altman

Plan Submitted Option: pdf   [File 1]   [File 2]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

OSSC 1021.4 Location

Requires

1021.4 Location
Exterior egress balconies shall have a minimum fire separation distance of 10 feet (3048 mm) measured at right angles from the exterior edge of the egress balcony to the following:

  1. Adjacent lot lines.
  2. Other portions of the building.
  3. Other buildings on the same lot unless the adjacent building exterior walls and openings are protected in accordance with Section 705 based on fire separation distance.

For the purposes of this section, other portions of the building shall be treated as separate buildings.

Code Modification or Alternate Requested

The current deck configuration, thought to be of original construction, is not compliant with current code as the balcony edge is within 10 feet of the property line, which would be considered the fire separation distance.

Proposed Design

We propose an alternate method by applying a 1-hour fire rated system at the section of the balcony that is not compliant. The 1-hour method propose is to prime the deck with a primer, then add a coating of intumescent paint, then finish with a protective coating of sanded, latex paint. The proposed alternate method is proposed to treat all portions of deck that is non-compliant from the edge of the deck to the building wall per the included drawing plan and section details.

Reason for alternative

The proposed alternative is to provide a solution to an existing condition found to be not code compliant. The alternate is a way to avoid demolition of the current egress path and structural upgrades to support the new construction. The alternative will maintain the egress path, require less construction time as opposed to demo and rebuilding, and will provide better weather protection as well as fire protection. With a sand mixture added to the final latex coating, the added traction will be an improvement to bare wood deck.

Appeal Decision

Alternate 1-hour fire protection of wooden structure with intumescent coating in lieu of 10-foot fire separation distance to property line: Denied. The proposal does not provide equivalent fire and life safety.


"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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