Appeal 34802
Appeal Summary
Status: decision rendered
Appeal ID: 34802
Submission Date: 5/13/25 10:14 AM
Hearing Date: 5/21/25
Case #: B-002
Appeal Type: Building
Project Type: commercial
Building/Business Name:
Appeal Involves: Alteration of an existing structure,Reconsideration of appeal
Proposed use: No Change
Project Address: 2130 SE 10th
Appellant Name: Austin Whipple
LUR or Permit Application #: Other
Stories: 2 Occupancy: F1/B/S1/S2/R3 Construction Type: V-B
Fire Sprinklers: Yes - partial first and second floor
Plans Examiner/Inspector:
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 704.8 |
|---|---|
| Requires | Per OSSC Table 705.8 and Section 704.8, no openings are permitted in walls where buildings on separate lots abut and do not meet the exceptions for openings protected by appropriate fire-resistance-rated construction. Exception was previously granted with a covenant preventing sale of the properties separately. |
| Code Modification or Alternate Requested | The intent of this appeal is to rescind the previously approved proposal requiring a “do not sell separately” covenant by permanently removing the non-compliant door between the two properties and restoring the fire-resistance-rated separation with fully grouted CMU to meet OSSC requirements without shared ownership. |
| Proposed Design | Original Appeal We propose the addition of a door as per OSSC 715 that allows passage between 2130 SE 10th Ave and adjacent building at 1003 SE Grant. This proposed door spans property line, and both properties are owned by the same owner. We propose to sign a "do not sell separately" covenant. Reconsideration Text We propose to permanently eliminate the existing door opening located in the shared wall between 2130 SE 10th Ave and 1003 SE Grant Street. The existing door and frame will be completely removed, and the opening will be infilled with 8” CMU to match the existing fire-resistance-rated wall construction. Mortar joints and bonding pattern will match existing wall. Joints at the perimeter of the infill area will be tooled and sealed to maintain fire-resistance integrity. |
| Reason for alternative | This proposal removes the prior code violation (noncompliant opening across a property line), eliminates the need for any ongoing ownership or use agreement between the properties, and restores full fire-rated separation between the buildings as originally required by code. By reconstructing the wall to its original 2-hour CMU assembly, we reestablish the life safety and fire performance intended under OSSC 704.8 and 705. |
Appeal Decision
Rescind the covenant not to sell separately between 2130 SE 10th St and 1003 SE Grant St: Granted provided all openings in exterior walls along the shared property line of both buildings are infilled with 2 hour fire rated construction and compliant egress for both buildings is confirmed during plan review.
"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."