Appeal 34913

Appeal Summary

Status: Decision Rendered - Reconsideration of Appeal ID 33727

Appeal ID: 34913

Submission Date: 7/24/25 7:34 AM

Hearing Date: 7/30/25

Case #: R-2

Appeal Type: Building

Project Type: residential

Building/Business Name:

Appeal Involves: Alteration of an existing structure,Reconsideration of appeal

Proposed use: ADU

Project Address: 6839 SE 70th Ave

Appellant Name: Bryce Allison

LUR or Permit Application #: Permit 25-040461-RS

Stories: 1 Occupancy: R Construction Type: VB

Fire Sprinklers: Yes - throughout

Plans Examiner/Inspector: Tara Carlson

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

ORSC R101.2

Requires

(original text)

ORSC Table R302.1 requires that exterior walls located <3’ to the property line shall be 1-hour fire-resistant rated (the West wall of the existing building is located 2’1 and North wall 1’5 to the property line)

(reconsideration text)

ORSC Table R302.1 requires that exterior walls located < 3’ to the property line shall be 1-hour fire-resistant rated
No openings are permitted in exterior walls < 3’ to the property line
Projections < 2’ are not allowed, ? 2’ to < 3’ require fire-resistant rated construction

Code Modification or Alternate Requested

(original text)

The appeal request is to permit an alternate 1-hour fire rated exterior wall assembly consisting of (2) layers of 5/8" Type X Gypsum sheathing installed on the exterior side of the wall

(reconsideration text)

The appeal request is to allow the existing North and West exterior walls to remain as is unrated with their openings intact, (1) layer 5/8” Type X gypsum sheathing shall be installed on the exterior side of the West wall only and NFPA 13D fire sprinklers shall be provided throughout the ADU to protect these walls and their openings.

We also request that the existing unprotected 6” eave projections remain as is at the North and West walls granted (1) layer 5/8” Type X gypsum sheathing is added to the soffit at the underside of the eave.

Proposed Design

(original text)

Provide (2) layers of 5/8" Type X Gypsum sheathing installed on the exterior side of the West and North walls only

(reconsideration text)

Existing North and West exterior walls are to remain as is unrated with their openings intact, add (1) layer 5/8” Type X gypsum sheathing installed on the exterior side of the West wall only and provide new NFPA 13D fire sprinklers throughout the ADU to protect these walls and their openings.

Install new NFPA 13D fire sprinkler system throughout the ADU with sprinkler heads located directly above each of the existing windows in the North and West walls.

Add (1) layer 5/8” Type X gypsum sheathing installed on the underside of the eave at the soffit.

Reason for alternative

(original text)

The existing structure is being converted to an ADU. T1-11 siding is existing on the West wall, this siding will be removed and replaced for Zoning compliance and the interior finish is 1/2" gypsum board, therefore providing (2) layers of 5/8" Type X Gypsum sheathing to the exterior face of the wall will be more cost effective and allow for more ease of construction to occur from the exterior side of the wall leaving the interior wall and finishes as is.

(Refer to attached survey, partial site plan with ADU floor plan, elevation drawings, wall sections & details)

(reconsideration text)

The existing structure is being converted to an ADU. The West wall of the existing building is located 2’1 and North wall 1’5 to the property line, with 6” unprotected eave projections. T1-11 siding is existing on the West wall, this siding will be removed and replaced for Zoning compliance and the interior finish is 1/2" gypsum board, therefore providing (1) layer 5/8" Type X gypsum sheathing to the exterior face of the wall in addition to the fire sprinklers will be more cost effective and allow for the construction to occur from the exterior side of the wall leaving the interior wall and finishes as is.

In lieu of reconstructing the North wall and infilling the existing window we propose adding NFPA 13D fire sprinklers to protect the wall and its opening. Sprinkler heads will be located directly above each of the existing window openings in the North and West walls.

Also, rather than removing the existing unprotected 6” eave projections, we propose adding (1) layer 5/8" Type X gypsum sheathing to the soffit at the underside of the eaves at the North and West walls, and not to provide any openings in that portion of the roof within 3’ of the property line.

The proposed design along with the addition of the new fire sprinkler system and added layer of protection at the West wall and eaves, provides a level of life safety meeting the intent of the code.

(Refer to attached partial site plan with ADU floor plan & elevation drawings)

Appeal Decision

Appeal to install an NFPA 13D fire sprinkler system throughout AND locate (1) sprinkler head directly above the interior side of each of (3) windows in the North and West walls and to protect the eaves with (1) layer of 5/8” Type-X gypsum sheathing: Granted as proposed; Sprinkler heads at operable windows not required.

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.