Appeal 35035

Appeal Summary

Status: APPROVED for this configuration and tenant. Only valid for the duration of the permit

Appeal ID: 35035

Submission Date: 11/21/25 4:41 PM

Hearing Date: 11/25/25

Case #: 25-66

Appeal Type: Fire

Project Type: commercial

Building/Business Name: flying fish company llc

Appeal Involves: Correction of a violation,other: Violation: L11.1

Proposed use: restaurant patio

Project Address: 3004 E Burnside St

Appellant Name: lyf gildersleeve

LUR or Permit Application #: LUR violation L11.1

Stories: 1 Occupancy: 1 Construction Type: temporary

Fire Sprinklers: No

Plans Examiner/Inspector: magnolia blackwood

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

3104.2

Requires

violation L11.1
3104.2 Flame Propagation Performance Treatment
Before a permit is granted, the owner or agent shall file with the fire code official a certificate executed by an approved testing laboratory. The certificate shall indicate that the floor coverings, tents, membrane structures and their appurtenances, which include sidewalls, drops and tarpaulins, are composed of materials meeting the flame propagation performance of Test Method 2 of NFPA 701. Additionally, it shall indicate that the bunting and combustible decorative materials and effects are composed of material meeting the flame propagation performance criteria of Test Method 1 or Test Method 2 of NFPA 701, as applicable. Alternatively, the materials shall be treated with a flame retardant in an approved manner and meet the flame propagation performance criteria of the applicable test method of NFPA 701. The flame propagation performance criteria shall be effective for the period specified by the permit.

Code Modification or Alternate Requested

Security walls made from wood will be treated with approved fire retardant - Master Flame.https://www.masterflameretardant.com/products/master-flame-5-gallon-pail

Proposed Design

We are currently working with an architect firm ( www.gbdarchitects.com) design a permanent structure for the patio to replace the temporary tent structures. Project to be started in 2026.
The existing tent and side walls are made from approved material consisting of flame retardant qualities. Photos attached.

Reason for alternative

Wood walls are necessary for securing property from homelessness and crime in SE Portland on Burnside.

The administrative staff has not yet reviewed this appeal.