Appeal 34816

Appeal Summary

Status: Decision Rendered

Appeal ID: 34816

Submission Date: 5/22/25 11:18 AM

Hearing Date: 6/4/25

Case #: B-2

Appeal Type: Building

Project Type: commercial

Building/Business Name: Wickersham Condo Owners Assn

Appeal Involves: Alteration of an existing structure

Proposed use: Multifamily residential condominium (No Change)

Project Address: 410 NW 18th Ave

Appellant Name: Eric Harker

LUR or Permit Application #: LUR United States

Stories: 5 Occupancy: R-2 Construction Type: III-B

Fire Sprinklers: Yes - Throughout common spaces

Plans Examiner/Inspector: Maureen McCafferty

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

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

1206.2

Requires

Interior walls, partitions, and floor-ceiling assemblies separating dwelling units must provide an airborne sound insulation rating of not less than STC 50 (or STC 45 if field-tested).

Code Modification or Alternate Requested

Approval to maintain and restore existing demising wall construction between units without increasing sound transmission class (STC) ratings to meet current OSSC 1206.2 levels, based on original construction and feasibility constraints.

Proposed Design

The existing demising walls between dwelling units are composed of wood stud framing, likely 2” x 4” or 2x4, at 16" o.c., with single layers of lath and plaster or gypsum wallboard on both sides. There is no known existing batt insulation in the wall cavities. Under the plumbing rehabilitation project, selective removal of interior finishes is necessary to access domestic water piping, including limited removal of finishes on certain demising walls. All affected finishes will be restored to a uniform 1-hour fire-resistance-rated assembly (UL U305) using fiberglass batt insulation, Type X gypsum wallboard, mud, tape, and matching texture. No modification is being made to the structural, spatial, or occupancy of the building.

Reason for alternative

This Chapter 13 building was constructed in 1910, prior to the adoption of STC requirements. Achieving STC 50 would require full demolition and reconstruction of existing demising walls. Given the dimensional limitations and existing stud configurations, compliance is infeasible without major disruption to occupied units. The current scope involves limited finish removal for plumbing access. Restoring affected areas with Type X gypsum board to a UL U305-rated assembly enhances acoustic separation. This targeted restoration provides functional equivalency within the scope and practical constraints.

Appeal Decision

Allow repairs to existing walls without meeting STC 50: Granted as proposed.

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 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.