Appeal 35007

Appeal Summary

Status: Decision Rendered

Appeal ID: 35007

Submission Date: 10/15/25 3:27 PM

Hearing Date: 10/22/25

Case #: B-6

Appeal Type: Building

Project Type: commercial

Building/Business Name: Charlotte B. Rutherford Place

Appeal Involves: other: Change to Egress Paths

Proposed use: RM3 - Residential Multi-Dwelling 3

Project Address: 6905 N Interstate Ave

Appellant Name: Joshua Henderson

LUR or Permit Application #: Permit 25-055513-CO

Stories: 4 Occupancy: R-2, S-1, S-2, B Office Construction Type: VA, NFPA-13

Fire Sprinklers: Yes - Fully Sprinkled

Plans Examiner/Inspector: Steven Mortensen

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

3302.1

Requires

Oregon Structural Specialty Code (OSSC) that addresses "Alterations, Repairs and Additions". It mandates that all required exits, existing structural elements, fire protection devices, and sanitary safeguards must be maintained throughout construction. If any of these components are being worked on, adequate substitute provisions must be put in place to ensure safety.

Code Modification or Alternate Requested

Our intent of the appeal is to demonstrate that OSSC 3302.1 has been addressed within our new set of Permit Construction Drawings by eliminating repair work on the stairs, keeping them in place for egress at all times during and after construction hours. From our understanding, this eliminates the need for PAS Scaffolding Stairs.

Proposed Design

Our proposed Design is to keep the Stair Assemblies in place while waterproofing, concrete repairs, new flashing installs, and cladding repairs take place. Waterproofing, concrete repairs, new flashing installs and cladding repairs will be worked in phases to allow controlled access zones for residents while construction take place. With the stair assemblies in place at all times, and established controlled access zones in place, we believe our proposed design meets the requirements of OSSC 3302.1.

Reason for alternative

Our reason for this "alternative" is because the original scope of work required repairs on the stairs and landings. Those repairs would involve taking apart the stair assembly to achieve the intent of design for repair. This then triggered egress paths being available for residents. We originally wanted to use 4 story PAS Scaffold Stairs for access for the residents, but due to high costs associated with the PAS Scaffold Stairs, the client wanted to go another route. The Design Firm hired by the client then omitted the scope of work that related to the stairs, and changed detailing to achieve waterproofing and concrete repairs on the landings without the need to disassemble the stairs. With the new design intent, all stair assemblies should remain in tact at all times and available for egress at all times by the residents.

Appeal item 2

Code Section

3310.2

Requires

The means of egress, including any required accessible means of egress, must be maintained at all times during construction, remodeling, alterations, and additions to any building.

Code Modification or Alternate Requested

Our intent of the appeal is to demonstrate that OSSC 3310.2 has been addressed within our new set of Permit Construction Drawings by eliminating repair work on the stairs, keeping them in place for egress at all times during and after construction hours. From our understanding, this eliminates the need for PAS Scaffolding Stairs. Along with Stair Egress paths being maintained and accessible at all times, the elevated walkways will also be made accessible throughout the entirety of the construction process.

Proposed Design

The Stairs will remain in place and accessible at all times during the construction process due to a detail change. The elevated walkways will be fully accessible during construction through phasing of work and controlled access zones. All existing safety railings will remain in place, unless removal is needed to facilitate work. Temporary Safety Railings will be placed and remain until permanent Safety Railings are reinstalled. When removing the safety railings, it will be phased to remove one section at a time and immediately replace said section with Temporary Safety Railings. At the end of each work day, all egress paths will be fully accessible to all residents. When concrete demo and repairs takes place, the work will be phased in sections at a time. This will allow temporary ramps to be placed over demoed sections, in a way not to cause a tripping hazard and is clearly marked. The ramps will sit flush with the adjacent sections of existing concrete and the door threshold. This same scenario will apply for the waterproofing, and the concrete put back. During the active Demo of the concrete, it will be demoed in a section to still allow 2 egress paths for residents coming and going from their entry door. We believe from our understanding of OSSC 3310.2, that this design plan should satisfy compliance and understanding of OSSC 3310.2.

Reason for alternative

Our reason for this "alternative" is because the original scope of work required repairs on the stairs and landings. Those repairs would involve taking apart the stair assembly to achieve the intent of design for repair. This then triggered egress paths being available for residents. We originally wanted to use 4 story PAS Scaffold Stairs for access for the residents, but due to high costs associated with the PAS Scaffold Stairs, the client wanted to go another route. The Design Firm hired by the client then omitted the scope of work that related to the stairs, and changed detailing to achieve waterproofing and concrete repairs on the landings without the need to disassemble the stairs. With the new design intent, all stair assemblies should remain in tact at all times and available for egress at all times by the residents. Elevated walking paths for egress, originally were always meant to be open and maintained and that is still the intent moving forward.

Appeal Decision

Item 1. Confirm proposed construction provides sufficient safeguards during construction:
Denied. Proposal does not demonstrate equivalent fire and life safety.
Item 2. Confirm proposed construction does not reduce access to means of egress during construction: Denied. Proposal does not demonstrate equivalent fire and life safety.
Appellant may contact Sarah Daley (sarah.daley@portlandoregon.gov) or Brady Donahue(brady.donahue@portlandoregon.gov) with questions.

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.