Appeal 34987

Appeal Summary

Status: APPROVED

Appeal ID: 34987

Submission Date: 9/30/25 10:36 AM

Hearing Date: 10/2/25

Case #: 25-55

Appeal Type: Fire

Project Type: commercial

Building/Business Name: M. Carter Commons

Appeal Involves: Reconsideration of appeal 25-50/34968

Proposed use: Multifamily Residential

Project Address: 3675 N. Interstate Ave

Appellant Name: Amber Swanson

LUR or Permit Application #: Permit 24-037129-000-00-CO

Stories: 6 Occupancy: R-2, A-3, B, S-1 Construction Type: IIIB over IA

Fire Sprinklers: Yes - Throughout

Plans Examiner/Inspector: Zachariah Parrish

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]   [File 4]   [File 5]   [File 6]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

1207.8.3 – Clearance to exposure

Requires

1207.8.3 Clearance to exposures.
ESS located outdoors shall be separated by a minimum of 10 feet (3048 mm) from the following exposures:

  1. Lot lines.
  2. Public ways.
  3. Buildings.
  4. Stored combustible materials.
  5. Hazardous materials.
  6. High-piled stock.
  7. Other exposure hazards.

Exceptions:

  1. Clearances are permitted to be reduced to 3 feet (914 mm) where a 1-hour free-standing fire barrier suitable for exterior use and extending 5 feet (1524 mm) above and 5 feet (1524 mm) beyond the physical boundary of the ESS installation is provided to protect the exposure.
  2. Clearances to buildings are permitted to be reduced to 3 feet (914 mm) where noncombustible exterior walls with no openings or combustible overhangs are provided on the wall adjacent to the ESS and the fire-resistance rating of the exterior wall is a minimum of 2 hours.
  3. Clearances to buildings are permitted to be reduced to 3 feet (914 mm) where a weatherproof enclosure constructed of noncombustible materials is provided over the ESS, and it has been demonstrated that a fire within the enclosure will not ignite combustible materials outside the enclosure based on large-scale fire testing complying with Section 1207.1.5.
Code Modification or Alternate Requested

Requesting approval to allow a reduction in clearance requirements for the installation of (2) solar batteries for the M. Carter Commons Apartment Project which is currently under construction.

Proposed Design

Location of two solar batteries is proposed to be on the west side of the property between 9’ tall concrete retaining wall and exterior building wall.
There is 5’ separation from property line, 2’ separation from concrete retaining wall and approximately 2’ 6” from finished building wall.
Battery height is 89”.
Location of the battery is in an area that is not accessible to the residents, remote from window openings and protected by 9’ tall wall at the west side, blank building wall on east side, fence at north and south end.

Reason for alternative
  1. We are seeking appeal to exception 1 and asking to reduce setback from concrete retaining wall from 3’ to 2’ setback. Concrete wall is noncombustible material and provides 3hr fire rating that exceeds requirement of exception 1. In addition, battery product has built in fire suppression system. We are asking to wave 5’ requirement of the height of free standing barrier beyond physical boundary of the ESS, as it has it’s own built in fire suppression system.
  2. We asking for appeal of exception 2 and reduce 3’ required setback to approximately 2’ 6” as battery product has built-in fire suppression system that reduced risk of spreading flames to the building.

Ground floor exterior wall is 2 hr rated wall has non combustible fiber cement siding and metal stud framing with fiberglass insulation. Together with built in fire suppression subsystem within batteries we believe it will satisfy intent of the exception and provide an adequate level of protection.

The administrative staff has not yet reviewed this appeal.