Appeal 34808
Appeal Summary
Status: Decision Rendered
Appeal ID: 34808
Submission Date: 5/18/25 10:57 PM
Hearing Date: 5/28/25
Case #: R-2
Appeal Type: BUILDING
Project Type: residential
Building/Business Name: Timothy D Finnigan
Appeal Involves: Alteration of an existing structure
Proposed use: Detached ADU
Project Address: 3440 SW Falcon St
Appellant Name: Timothy Finnigan
LUR or Permit Application #: Other Alt. firewall & support
Stories: 2 Occupancy: R-3 Construction Type: V-B
Fire Sprinklers: No
Plans Examiner/Inspector: David Bartley
Plan Submitted Option: pdf [File 1] [File 2]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | ORSC R302.1 R302.3 |
|---|---|
| Requires | Walls less than 6 feet from adjacent structures must be protected with not less than one-hour fire-resistance-rated construction applied to the interior face of the wall assembly. |
| Code Modification or Alternate Requested | Use of two layers of 5/8” Type X gypsum board on the exterior face of both the ADU and stairway structures in lieu of applying it to the interior. |
| Proposed Design | Install two layers of 5/8" Type X gypsum board on the exterior face of each wall (ADU and stairway). The assemblies are fully covered with continuous Type X board, providing 1-hour protection on each side, totaling a 2-hour rated separation. All other code-required fire-resistive materials and layers will be maintained. |
| Reason for alternative | • Interior installation would require demolition of: |
Appeal item 2
| Code Section | ORSC R403.1 R302.1 R302.2 |
|---|---|
| Requires | Fire-rated walls must be supported by continuous foundation walls with properly sized footings per the structural load path. |
| Code Modification or Alternate Requested | Use of reinforced piers and structural steel beams (C8x10.5), including fire-rated decking, to support a 2" wide firewall in lieu of a continuous foundation wall. |
| Proposed Design | • Retain and reinforce existing piers. |
| Reason for alternative | • A continuous foundation would require full demolition of the existing stair structure and rerouting of active sewer, gas, water, lines—all of which were installed with the original ADU permits. |
Appeal Decision
Item 1: Alternate fire-resistance rated assembly: Granted as proposed.
Item 2: Allow an alternate path to meeting the requirement for 1-hour fire-resistance rated construction at an egress stairway: Denied. Proposal does not provide equivalent fire and life safety.
Appellant may contact David Bartley (503-865-6529) with questions.
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.