Appeal 34939
Appeal Summary
Status: Decision Rendered
Appeal ID: 34939
Submission Date: 8/13/25 5:01 PM
Hearing Date: 8/20/25
Case #: B-1
Appeal Type: Building
Project Type: commercial
Building/Business Name: The Emerald
Appeal Involves: Erection of a new structure
Proposed use: Apartments
Project Address: 1390 SE 12th Ave
Appellant Name: Jeff Stern
LUR or Permit Application #: Permit 25-046915-CO
Stories: 5 Occupancy: R2 / B Construction Type: Type VA / Type IA
Fire Sprinklers: Yes - Throughout
Plans Examiner/Inspector: Chanel Horn
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | OSSC 1024 Exit Passageways |
|---|---|
| Requires | 1024.5 Openings Openings in exit passageways shall be limited to those necessary for exit access to the exit passageway from normally occupied spaces. |
| Code Modification or Alternate Requested | This appeal is to allow the Water Entrance / Fire Riser Room to open into an exit passageway. |
| Proposed Design | We propose a 3-hour rated fire barrier partition between the exit passageway and the Water / Fire Riser Room, with a 2-hour rated door opening into the exit passageway. Signage will be provided stating “No Storage”. |
| Reason for alternative | Our initial design proposed an exterior door from the Water / Fire Riser Room, but after review with the Water Bureau there is not enough space at the exterior wall with the door for the 4 required water lines and their required Backflow Prevention Assemblies. The only solution to meet the Water Bureau requirements (without significant redesign of the building) is to provide an interior door into the exit passageway. By providing a 3-hour wall with 2-hour door opening, we will maintain at least a continuous 2-hour fire rating for the exit passageway, and will provide equivalent protection and meet the intent of the code. |
Appeal item 2
| Code Section | OSSC 1029.3: Egress Courts |
|---|---|
| Requires | 1029.3 Construction and Openings Where an egress court is less than 10 feet in width, the egress court walls shall have not less than 1-hour fire-resistance-rated construction for a distance of 10 feet above the floor of the egress court. Openings within such walls shall be protected by opening protectives having a fire protection rating of not less than ¾ hour. |
| Code Modification or Alternate Requested | A recessed aluminum storefront door with sidelite and transom at the east wall of the Childcare provides critical daylight into the classroom space. We propose using a standard alumimum storefront system with a water curtain to provide equivalent fire protection at the opening. |
| Proposed Design | A water curtain is proposed at the inside of the non-rated aluminum storefront door and window. The water curtain will have 5.6k sprinkler heads spaced at 6’-0” between heads, no more than 3’ from the ends, and 6” - 12” from the glazing to provide equivalent protection. The door is equipped with gaskets and a closer. |
| Reason for alternative | Daylight at this opening is critical to the Childcare. A fire-rated system with ceramic glass comes at a significant cost, and is difficult to procure. The water curtain proposed provides more than equivalent protection, while allowing the use of a non-rated Aluminum door and glass that matches the rest of the building and is cost effective. |
Appeal Decision
Item 1: Allow opening from exit passageway into water and fire riser room: Granted provided the room is not used for a fire pump.
Item 2: Sprinkler protection at non-fire rated openings in exterior walls of egress court less than 10 feet in width: This alternate is allowed under Building Official Determination 22-02 without Administrative Appeals Board approval.
The Administrative Appeal Board finds with the conditions noted, 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.
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.