Appeal 34815
Appeal Summary
Status: Decision Rendered
Appeal ID: 34815
Submission Date: 5/22/25 8:03 AM
Hearing Date: 5/28/25
Case #: B-3
Appeal Type: Building
Project Type: commercial
Building/Business Name: Architect Of Record
Appeal Involves: Alteration of an existing structure
Proposed use: R-1, Hotel
Project Address: 1337 SW Washington St
Appellant Name: Michael DiBiase
LUR or Permit Application #: Permit 24-090900-CO
Stories: 4 Occupancy: R-1 Construction Type: IIIB
Fire Sprinklers: Yes - Full Building
Plans Examiner/Inspector: Renay Radtke Butts
Plan Submitted Option: pdf [File 1] [File 2]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 2022 Oregon Structural Specialty Code (OSSC) Table 705.8 |
|---|---|
| Requires | Table 705.8 provides the allowable amount of protection and openings based on fire separation distance for exterior walls. Openings with less than 3 feet of fire separation distance are not permitted. |
| Code Modification or Alternate Requested | To allow one 3-hour fire rated door / opening at a party wall adjacent to an existing lightwell. |
| Proposed Design | A convenience bridge is being added to a shared lightwell between the McMenamins Taft Hotel (1337 SW Washington St.) and McMenamins Crystal Ballroom (1322 W Burnside St.), at their respective second stories. This addition will be part of the McMenamins Taft Hotel because it will be constructed within the hotel's property line. A party wall opening will be made at the Crystal Ballroom party wall (this wall falls on the shared property line) and the Taft Hotel lightwell - under the 2018 IBC chapter section 706.1.1 exception 2, party wall openings are allowed with an ownership agreement of both buildings. These two buildings share ownership and will have an access easement agreement recorded with the County prior to issuance of the permit. The new opening on the Crystal Ballroom side will be provided with a 3-hour fire rated door with an automatic closer. The fire separation distance on the Taft Hotel side is 10’ – 10 ½” which allows for 45% unprotected openings. The door opening on the Taft Hotel side is 25.5%. Each Building is equipped with a fire alarm system and sprinkler system. |
| Reason for alternative | The 706.1.1 section in the 2021 IBC, includes an exception that allows openings on party walls with an owners agreement. An access easement will be recorded with the county prior to permit issuance. In addition, the 3-hour fire rated door and fire separation distance provides equivalent protection. |
Appeal Decision
Openings in exterior walls at property line: Granted provided an access and maintenance agreement is recorded.
Appellant must contact Jody Orrison (jody.orrison@portlandoregon.gov) for more information prior to writing the agreement.
The unrecorded agreement must be reviewed and approved by PP&D prior to recording. A copy of the recorded agreement must then be provided to PP&D prior to plan review approval.
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.