Appeal 34903

R302.2.4.1 Porches and decks without a cover, R302.2.4.2 Porch covers, R102.7.1 Additions or alterations, R102.7.2 Repairs

According to R302.2.4.1 and R302.2.4.2 (Porches and decks without a cover and Porch covers) decks and the associated staircases within 3 feet of the common property line must be fire rated by either the use of heavy timber, noncombustible materials, or a fire resistance-rated exterior wall. The relevant sections are quoted below.

“R302.2.4.1 Porches and decks without a cover
Fire resistance-rated protection shall be provided for porches and decks without a cover in accordance with the following methods:
…

1. Where a porch or deck is less than 3 feet from a common lot line and there is no adjacent porch or deck less than 3 feet from the common lot line, the porch or deck shall be of either noncombustible or heavy timber construction.”

“R302.2.4.2 Porch covers
Fire resistance-rated protection shall be provided for porch covers in accordance with the following:
…

1. Where a porch cover is less than 3 feet from the common lot line and there is no adjacent porch cover, a 1-hour fire resistance-rated exterior wall shall be provided. The exterior wall shall extend to the farthest point of the porch cover.”

Since this is a repair/alteration of a staircase that was part of the original structure and was not required to be fire rated, the new staircase should not be forced to adhere to these new requirements (outlined under R302.2.4.1 and R302.2.4.2) - but instead should be granted an exception as outlined in R102.7.1 Additions or alterations and R102.7.2 Repairs.

Since this structure is already in existence, I was advised by Tawnya Harris of the Building Official and Appeals Program to provide a outline of the situation in lieu of a proposed design.

After buying our first home only a few months ago, we were notified by the city that the original exterior staircase from the kitchen to the driveway was torn down and repaired by the seller without a permit. Please note that this is not the primary egress from the property. Both the original and the new structure are attached to the house but self supporting and made primarily of wood anchored with concrete footings.

When starting the permitting process I was told by the building code office that since it is within 3 feet of the property line, it is supposed to be fire-rated. However, Tara Carlson with Building Code Review (Life Safety CO/RS) recommended I file a preliminary appeal before starting the permitting process based on R102.7.1 Additions or alterations, R102.7.2 Repairs. They advised since this is a repair/alteration of a staircase that was part of the original structure and was not required to be fire-rated, the new staircase should not be forced to adhere to the new fire-resistant requirements. The text of these codes and how they will are outlined in the following question "Reason of Alternative"

Since this is a repair of the original staircase (done by the previous owner before the sale of the property) which was not required to be fire-rated, I am asking for the condition/requirements to remain the same as the original construction.

As stated in R102.7.1 Additions or alterations, “Additions or alterations to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with the requirements of this code, unless otherwise stated. Additions or alterations shall not cause an existing structure to become less compliant with the provisions of this code than the existing building or structure was prior to the addition or alteration”.
Since this staircase is in the same location and made of the same materials as the original, it will not cause the existing structure to be any less compliant with the code than before.

Furthermore, as stated in R102.7.2 Repairs, “Repairs shall not make the building any less conforming with the provisions of this code than the build was before the repair was undertaken…Repairs for the purpose of correcting damage shall be permitted to conform with the code edition in effect at the time of original construction, where the requirements of this section.”
As this staircase is a replacement of the original which was not required to be fire-resistant, it should only be required to conform with the code edition in effect at the time of the construction, and therefore not required to be fire-resistant.