Appeal 34844
Appeal Summary
Status: Building Code Board of Appeals - Granted
Appeal ID: 34844
Submission Date: 6/12/25 10:24 AM
Hearing Date:
Case #:
Appeal Type: Building
Project Type: commercial
Building/Business Name: Baker Building
Appeal Involves: Reconsideration of appeal
Proposed use: Retail, Office, Assembly and Storage
Project Address: 805 N Killingsworth St
Appellant Name: Brett Schulz
LUR or Permit Application #: Permit 25-005062-CO
Stories: 2 Occupancy: M, B, A, S Construction Type: IIIB
Fire Sprinklers: Yes - Through out
Plans Examiner/Inspector: John Cooley
Plan Submitted Option: mail [File 1] [File 2] [File 3] [File 4]
Payment Option: person
Appeal Information Sheet
Appeal item 1
| Code Section | 1010.1.4 |
|---|---|
| Requires | A landing on each side of a door at the same elevation. |
| Code Modification or Alternate Requested | The existing door landing does not meet this requirement as it has a 7” riser at the door, but it has been is use for over 100 years and should be allowed to remain for the new reception hall use. |
| Proposed Design | The existing door landing (sidewalk) at the exterior entry to the stair to the second floor is 6” below the interior landing. The stair will serve office use at the second floor as well the proposed reception hall. The reception hall will have a new, second exit stair that meets current code. It is proposed to retain the landing in its current configuration (see Item 7 note on First Floor Plan A0.03). |
| Reason for alternative | Lowering the interior landing to be the same elevation as the sidewalk to meet current requirements would be essentially impossible due to lack of space. Lowering the landing would reduce its depth to 2’-1”, decreasing a landing depth that is already less than current code requires. The only foreseeable option would be to eliminate this entry and reconfigure the stair as noted in Item 6. This work would be disproportionate to the benefit, and would be economically infeasible. The existing door has been serving both assembly and retail uses for over 100 years. 3405.3.1, Exception 1, states that “an existing stairway shall not be made to comply with the requirements of Section 1011 where the existing space and construction do not allow a reduction in pitch or slope”. Appellant believes that this code section applies in this case. |
Appeal Decision
The Building Code Board of Appeal met on June 12, 2025, and the following decision was reached:
Allow existing step at existing landing to remain and serve assembly occupancy: Subject to compliance with 2022 OSSC Chapter 34, it is acceptable to maintain the existing step at the landing without alteration.
Decision: Unanimous
Board Members: Eric Bressman, Beth Brett, and Sharon Nobbe
According to Oregon Revised Statutes 455.690, you may appeal this decision to the appropriate State of Oregon advisory board within 30 calendar days of this decision being published. For information on the appeals process and costs, including forms, appeal fees, payment methods, and fee waivers, contact the Oregon Department of Consumer and Business Services, Building Codes Division.