Appeal 34907
Appeal Summary
Status: MIXED: Item 1 and 3: Decision Rendered. Item 2: HOLD for additional information.
Appeal ID: 34907
Submission Date: 7/22/25 3:33 PM
Hearing Date: 7/30/25
Case #: B-3
Appeal Type: Building
Project Type: commercial
Building/Business Name: Flint Apartments
Appeal Involves: Erection of a new structure
Proposed use: Apartments
Project Address: 2480 N FLINT AVE
Appellant Name: James Casey McGuirl
LUR or Permit Application #: Permit 24-057251-CO
Stories: 4 Occupancy: R-2 Construction Type: V-A
Fire Sprinklers: Yes - Throughout
Plans Examiner/Inspector: Robert Keal
Plan Submitted Option: pdf [File 1] [File 2] [File 3] [File 4]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 705.8.6.2 |
|---|---|
| Requires | ALL OPENING PROTECTIVES IN EXTERIOR WALLS OF NEW BUILDINGS TO BE NOT LESS THAN 3/4 HOUR, WHERE OPENINGS ARE LESS THAN 15 FEET VERTICALLY ABOVE THE ROOF OF EXISTING BUILDINGS ON SEPARATE LOTS. |
| Code Modification or Alternate Requested | ALLOW UNPROTECTED OPENINGS LESS THAN 15FT ABOVE A 3-HR RATED ASSEMBLY. |
| Proposed Design | NEW V-A CONSTRUCTION BUILDING WITH 903.3.1.1 FIRE SPRINKLER SYSTEM HAS UNPROTECTED OPENINGS APPROXIMATELY 12'-7" FROM THE FIRST FLOOR PODIUM ROOF OF AN EXISTING 6-STORY STRUCTURE. THE EXISTING STRUCTURE HAS FLOORS ABOVE A 3-HR RATED CONCRETE PODIUM THAT ARE SETBACK, EXPOSING THE FIRST FLOOR PODIUM ASSEMBLY CREATING A ROOF. |
| Reason for alternative | UNDER 705.8.6.1, PROVISIONS ALLOW FOR OPENINGS WITHIN 15FEET OF AN ADJACENT BUILDING'S ROOF ON THE SAME PROPERTY TO NOT HAVE A FIRE PROTECTION RATING IF THE LOWER ROOF HAS A 1 HOUR RATING FOR A MINIMUM OF 10FT. THE PODIUM ON THE ADJACENT PROPERTY HAS A 3-HR RATING FOR THE ENTIRE STRUCTURE, AND IS ALMOST ENTIRELY BELOW GRADE. ADDITIONALLY, IF THE EXISTING STRUCTURE HAD BEEN BUILT AFTER OUR PROPOSED PROJECT, THE INTENT OF THE CODE FOR BOTH STRUCTURES UNDER 705.8.6.2 WOULD STILL BE MET. |
Appeal item 2
| Code Section | 1021.2 |
|---|---|
| Requires | EXTERIOR EGRESS BALCONIES SHALL BE SEPARATED FROM THE INTERIOR OF THE BUILDING BY WALLS AND OPENING PROTECTIVES EXCEPT IF THE EXTERIOR EGRESS BALCONY IS SERVED BY NOT LESS THAN TWO STAIRWAYS AND A DEAD-END TRAVEL CONDITION DOES NOT REQUIRE TRAVEL PAST AN UNPROTECTED OPENING TO REACH A STAIRWAY. |
| Code Modification or Alternate Requested | CLARIFICATION/CONFIRMATION ON WHETHER STAIRS SERVING BALCONY ARE REQUIRED TO BE EXTERIOR |
| Proposed Design | EXTERIOR EGRESS BALCONY CONTAINS OPERABLE WINDOWS LOCATED MORE THAN 10FT FROM THE EXTERIOR EGRESS STAIR. THE EXTERIOR EGRESS BALCONY IS SERVED BY ONE EXTERIOR EXIT STAIR AND ONE INTERIOR EXIT STAIR. THE UNPROTECTED OPENINGS ARE NOT LOCATED WITHIN A DEAD END |
| Reason for alternative | ALLOWING AN OPERABLE UNPROTECTED WINDOW WILL PROVIDE NATURAL VENTILATION INTO THE DWELLING UNITS WHILE MAINTAINING THE INTENT OF THE CODE WHICH IS INTENDED TO ALLOW A SAFE MEANS OF EGRESS TO A STAIRWAY WITHOUT HAVING TO EGRESS PAST AN UNPROTECTED OPENING AS EXPLAINED WITHIN THE CODE COMMENTARY. |
Appeal item 3
| Code Section | 1027.6 |
|---|---|
| Requires | PER 1027.6, EXTERIOR EXIT STAIRWAYS SHALL BE SEPARATED FROM THE INTERIOR OF THE BUILDING. IN ACCORDANCE WITH 1023.7 OPENINGS WITHIN 10FT OF STAIR TO BE PROTECTED |
| Code Modification or Alternate Requested | USE A TESTED SPRINKLER SYSTEM TO ACHIEVE THE FIRE RATED PERFORMANCE AT FIXED GLAZING. |
| Proposed Design | WITHIN 10FT OF THE EXTERIOR STAIR, WE PROPOSE USING FIXED WINDOWS INTO THE STAIR TO ALLOW NATURAL LIGHT INTO THE HABITABLE SPACES. WE ARE PROPOSING TO UTILIZE A FIRE SPRINKLER DESIGN IN ACCORDANCE WITH ICC-ES REPORT ESR-2397, WHICH IS A TESTED FIRE SPRINKLER ASSEMBLY TO ACHIEVE THE DESIRED 2-HR FIRE RATING. |
| Reason for alternative | THIS ALTERNATIVE IS TO PROVIDE NATURAL LIGHT INTO THE HABITABLE SPACES ADJACENT TO THE STAIR CORE WHILE STILL MAINTAINING THE APPROPRIATE FIRE RESISTANCE RATING. |
Appeal Decision
1. Allow unprotected openings less than 15' above a 3-hour roof assembly for an adjacent building 15' away on an adjacent lot: Granted as proposed.
2. Clarify if stairways serving egress balconies are required to be exterior exit stairways: Hold for more information.
3. Allow a fire sprinkler application at openings within 10' of exterior exit stairway in lieu of 2-hour fire rating: Granted as proposed.
For the items 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.