Appeal 35041

Appeal Summary

Status: Decision Rendered

Appeal ID: 35041

Submission Date: 12/1/25 10:06 PM

Hearing Date: 12/10/25

Case #: R-1

Appeal Type: Building

Project Type: residential

Building/Business Name:

Appeal Involves: other: Appeal to retain existing noncompliant stairs

Proposed use: Means of egress

Project Address: 3734 NE 68th Ave

Appellant Name: Mitchell

LUR or Permit Application #: Permit 25-070639- RS

Stories: 2 Occupancy: R Construction Type: N/A

Fire Sprinklers: No

Plans Examiner/Inspector: Tim Manson

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

ORSC/3/#1 & ORSC/11/#1. Section C.1.c & C.1.e

Requires
  1. General. Existing stairways providing access to new habitable spaces shall be

as provided below. Stair headroom is measured vertically from the lowest
overhead element to a line that is tangent to the stair nosings and must meet the
following conditions:

a. Stairways must be at least 30 inches wide; and
b. Stairway headroom must be at least 6 feet 2 inches; and
c. Tread run must be 9 inches minimum; and
d. Riser height must be 9 inches maximum; and
e. Stair landings at top and bottom must be at least 30 inches wide and 30 inches long, with at least 6 feet 2 inches headroom. A top landing is not required for interior stairs where a door does not swing over the stairs and the door does not open to the exterior.

Code Modification or Alternate Requested

Leave the bottom landing at 32 inches wide and 27 inches long, and the tread at 8.75 inches.

Proposed Design

N/A

Reason for alternative

The noncompliant parts of the stairs are: 1) the bottom landing, which is 3 inches short of code, and 2) the tread, which is 0.25 inches short of code. The stairs were constructed that way originally; we did not alter the stairs in a way that shortened either. The landing and tread cannot be lengthened without excessive reconstruction to the stairs or foundation, as the stairs go into the basement, and the bottom landing runs up against the foundation. The permit we are trying to get approved is to convert an existing laundry room to an additional bathroom (we have a primary bathroom on the main floor), but inspectors keep calling out the stairs, so we were advised to submit an appeal.

Appeal Decision

Request to allow a reduction in stair landing and tread depth: Denied. Proposal does not provide equivalent life safety.

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.