Appeal 34915
Appeal Summary
Status: Decision Rendered - Big Board Appeal
Appeal ID: 34915
Submission Date: 7/24/25 10:31 AM
Hearing Date: 7/24/25
Case #: Big Board Appeal
Appeal Type: Building
Project Type: residential
Building/Business Name:
Appeal Involves: other: Short-Term Rental
Proposed use: Short-Term Rental
Project Address: 4135 N Mississippi Ave
Appellant Name: Hayden Laverty
LUR or Permit Application #: Preliminary
Stories: 2 Occupancy: R-3 Construction Type: V-B
Fire Sprinklers: No
Plans Examiner/Inspector: none
Plan Submitted Option: mail [File 1]
Payment Option: person
Appeal Information Sheet
Appeal item 1
| Code Section | ENB 13.03 |
|---|---|
| Requires | An NFPA 13D fire sprinkler system must be installed throughout the building for new construction, conversions, and additions to transient lodging facilities with five or fewer sleeping rooms per dwelling unit. An NFPA 13R fire sprinkler system must be installed throughout the building for new construction, conversions, and additions to transient lodging facilities with six or more sleeping rooms in any dwelling unit. |
| Code Modification or Alternate Requested | We respectfully request that this project be reviewed for compliance under the Oregon Residential Specialty Code (ORSC). The state building code does not require conformance with the Oregon Structural Specialty Code (OSSC) for this type of use—specifically, the mandate to install an NFPA 13D or 13R fire sprinkler system is a Portland-specific interpretation. We note that ENB 13.03, which forms the basis for this local requirement, was proposed by city staff without consideration of actual safety data and in direct contradiction to the guidance provided by the Oregon Building Codes Division and the International Code Council. The state’s position is clear: short-term rentals in one- and two-family dwellings remain within the scope of the ORSC and do not require reclassification or sprinkler upgrades under the OSSC. The lot size and setbacks at this property provide adequate life safety provisions for this application, and the project does not constitute a change of occupancy that would trigger sprinkler upgrades under state code. |
| Proposed Design | Property is one dwelling unit Owner is willing to provide visible fire extinguishers in all kitchens and interconnected smoke detectors. Additionally, owner is open to being subject to annual fire inspections or, alternatively, providing a self-inspection record from our team. Our team is already required to check smoke detectors during every cleaning, ensuring continued safety compliance. |
| Reason for alternative | According to publicly available data from FEMA, over the past ten years, there has not been a single fire-related death in Oregon in any one- or two-family home where smoke alarms were present, regardless of whether they were functioning. This data encompasses all one- and two-family homes, not just short-term rentals. |
Appeal Decision
The Building Code Board of Appeal met on July 24, 2025, and the following decision was reached:
Omission of 13D fire sprinkler system using ENB 13.03 Section D.1.a. Exception 1 with 6 foot fire separation distance and 2,334 sf floor area: Granted provided a 6-foot-tall non-combustible fence is constructed along the north property line.
Note: The Building Code Board of Appeal stated that the property is subject to Title 24.31 and ENB 13.03 but reviewed the request to omit fire sprinklers.
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.