Appeal 34900
Appeal Summary
Status: DECISION RENDERED
Appeal ID: 34900
Submission Date: 7/16/25 2:59 PM
Hearing Date: 7/23/25
Case #: B-4
Appeal Type: Building
Project Type: commercial
Building/Business Name: Duniway-Lovejoy Elections Building
Appeal Involves: Alteration of an existing structure
Proposed use: Business
Project Address: 1040 SE Morrison St.
Appellant Name: Michael Barrett
LUR or Permit Application #: Preliminary
Stories: 2 Occupancy: B, S-1 Construction Type: III-B
Fire Sprinklers: Yes - Fully (in progress)
Plans Examiner/Inspector: Brian Quattlebaum
Plan Submitted Option: pdf [File 1] [File 2] [File 3] [File 4] [File 5]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 2022 OSSC 703.2.1 |
|---|---|
| Requires | A fire-resistance rating of building elements, components or assemblies shall be determined by the test procedures set forth in ASTM E119 or UL 263. The fire-resistance rating of penetrations and fire-resistant joint systems shall be determined in accordance with Sections 714 and 715, respectively. |
| Code Modification or Alternate Requested | Equivalency of two-hour rated assembly in lieu of two-sided UL Assembly. |
| Proposed Design | Two assemblies are proposed for equivalent ratings, one at the interior wall and the other at the floor ceiling assembly. A (2) hour fire separation is required per Code Guide OSSC/27/#1 for interior generators. Interior Wall (Exhibit D - Wall Assembly 2) - An existing 8" CMU wall separates the generator room from adjacent spaces or at the exterior, providing the basis for fire separation. An additional (2) layers of 5/8" GWB - Type X and light gauge furring is proposed to capture structural items at the interior of this existing wall. Floor/Ceiling Assembly (Exhibit D - Assembly A) - Existing 2x4 wood decking and a layer of GWB currently separate the generator space from the story above. The design proposes repairing the existing GWB and adding a second layer of 5/8" GWB - Type X. In addition, structurally independent light gauge framing is added below the lowest wood support beam with hat channels and (2) layers of 5/8" GWB. The light gauge framing cavity will be filled with mineral wool insulation, a K-13 acoustical treatment is proposed below the lowest GWB layer. See (Exhibit E) for rated connection details for capturing existing wood framing members and for termination of the other - UL listed - fire separation within the area. |
| Reason for alternative | A non-emergency generator is proposed within this building; requing a (2) hour fire separation from adjacent spaces. (See Exhibits A, B & C for areas of work) The existing structure supporting the story above is exposed wood framing, including support columns separate from the exterior wall. Existing masonry walls separate the space, but full grouting conditions are unknown. The design proposes adding a minimum of (2) layers GWB - Type X to the interior of the new generator room to provide protection of existing structural members and to provide a inspectable smoke/fire separation. Modifying the existing structure or testing the existing assemblies per a UL listing is infeasible. Note that the generator is proposed as natural gas with a direct connection to a gas line. No fuel tank within the generator room is proposed. |
Appeal item 2
| Code Section | 2023 Portland Fire Code/NFPA 13 - Section 9.2.1 |
|---|---|
| Requires | Concealed spaces of noncombustible and limited-combustible construction with minimal combustible loading having no access shall not require sprinkler protection. |
| Code Modification or Alternate Requested | Confirm omission of fire sprinkler heads within proposed floor/ceiling assembly |
| Proposed Design | An alternate floor/ceiling assembly incorporating the the existing wood structure (Exhibit D - Assembly A) is proposed as a separate appeal item. New structurally independent light gauge framing is proposed the lowest point of the existing framing, creating a gap greater than 6"" of concealed space with no access. |
| Reason for alternative | "The alternate floor/ceiling assembly is required to provide a inspectable (2) hour fire rated separation between the generator room and the story above. The framing system is a mixed of non-combustible (light gauge) and limited combustible wood framing protected by layers of GWB. Sprinkler head penetrations through this assembly is not desired due to acoustical considerations to separate the office space above. The proposed assembly closely matches several exceptions under Section 9.2.1, but no exception exactly unless the structure is determined to be limited-combustible. This appeal asks to confirm that this concealed space be exempted from sprinkler heads for coordination and determining scope during the project's design phases. If desired by the Board of Appeals, additional non combustible insulation can be added to fully meet the requirements of 9.2.1.7 " |
Appeal Decision
Item 1a: Alternate method of creating 2-hr wall equivalent: Granted as proposed.
Item 1b: Alternate method of creating 2-hr ceiling equivalent: Hold for more information.
Item 2: Omission of sprinklers in concealed space: Confirmed by Fire Plan Review senior staff.
"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.
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