Appeal 35040

319.3.2.1; 319.2.4

SEPARATION. MOBILE FOOD UNITS SHALL BE SEPARATED FROM BUILDINGS OR STRUCTURES, COMBUSTIBLE MATERIALS (EXCEPT APPROVED FURNITURE), VEHICLES, AND OTHER COOKING OPERATIONS BY A MINIMUM OF 5 FEET, OR AS APPROVED BY THE FIRE CODE OFFICIAL

I respectfully request that the Fire Marshal’s Office approve our alternative method of compliance laid out below, given that Hinterland Bar and Carts was permitted, licensed, and constructed prior to October 1, 2022, that full compliance is not physically possible, and that the alternative mitigation measures proposed provide an equivalent level of fire protection that fulfills the intent of Sections 319.3.2.1 and 319.2.4.

Proposed Alternative Fire Safety Measures

1. Application of Class A Fire-Resistant Coating on Fence Surfaces

Where full setbacks cannot be achieved, I will apply a Class A-rated fire-resistant (intumescent) coating to the wooden fence surfaces adjacent to the mobile food units. This significantly reduces flame spread and ignition potential, offering meaningful fire protection without requiring structural modifications.

1. Enhanced Fire Extinguishing Capability

All food carts are equipped with Class K extinguishers. I will place additional 2A:10BC extinguishers where appropriate and in consultation with the FMO. This strengthens immediate suppression capability across the site.

1. Exterior Natural Gas Emergency Shutoff Valves

Every food cart has an externally accessible natural gas shutoff, either on the cart itself or at the pressure reducer located next to the cart. These valves are turned off at the end of each service day, eliminating gas flow during non-operational hours and reducing overnight fire risk.

1. Exterior Electrical Shutoffs

Every food cart has an externally accessible 50A breaker panel. In the case of an electrical short or any other electrical problem, staff can safely exit the cart and shut off the power to the cart from the exterior of the cart.

1. Annual Hood Cleaning Documentation

All carts currently complete routine hood and exhaust cleaning. To ensure consistency, I will implement a site-wide annual hood-cleaning log documenting each cart’s professional maintenance. This minimizes grease accumulation and reduces the likelihood of hood fires.

1. Housekeeping and Combustible Reduction Measures

Combustible materials near fences, sheds, and the trash enclosure will be minimized. Trash management will emphasize closed lids, regular removal, and preventing overflow to reduce fire load in areas where clearance distances cannot be increased.

Alternative compliance measures are necessary because Hinterland Bar and Carts was reviewed, permitted, and approved by the City of Portland and Multnomah County before the new mobile food unit fire code provisions were adopted. The site was fully constructed, inspected, and approved based on the standards in place at that time, and the current layout reflects those permitted conditions. Reconfiguring the site now would require relocating anchored sheds, moving fixed (underground) natural gas and electrical infrastructure, and displacing vendors—changes that are not physically or financially possible.

Further, our existing infrastructure, as enumerated above, already provides significant fire safety benefits: plumbed natural gas, exterior natural gas emergency shutoff valves, exterior electrical shutoffs, annual hood cleaning. In addition to those existing conditions we will improve fire safety by applying fire-resistant coating to wooden fence surfaces where appropriate, enhancing fire extinguisher access, documenting hood cleaning, and ensuring housekeeping measures. Please see above for additional details on those proposed measures.

Sections 319.3.2.1 and 319.2.4 specifically allow for alternative compliance (“or as approved by the fire code official”), and I am requesting approval of such an approach that provides equivalent fire safety.

I respectfully request that the Fire Marshal’s Office approve this alternative method of compliance. I am available for an onsite review or further discussion of any additional measures the Office may consider appropriate. Thank you for your time, consideration, and collaboration in maintaining a safe and compliant operation at Hinterland Bar and Carts.