Appeal 35056
Appeal Summary
Status: Decision Rendered
Appeal ID: 35056
Submission Date: 12/17/25 10:53 AM
Hearing Date: 1/7/26
Case #: B-1
Appeal Type: Building
Project Type: commercial
Building/Business Name: Privata
Appeal Involves: Alteration of an existing structure,Addition to an existing structure,other: Covenant 2012-024299
Proposed use: Expansion same Use
Project Address: 824 S.W. 1st Ave
Appellant Name: Thomas Ellicott
LUR or Permit Application #: Permit 25-068748-CO
Stories: 3 Occupancy: A-2 Construction Type: II-B
Fire Sprinklers: Yes - Fully, both buildings. 903.2.1.2
Plans Examiner/Inspector: Robert Keal
Plan Submitted Option: pdf [File 1] [File 2]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 706, 706.1.1 Party Wall |
|---|---|
| Requires | Party walls shall be constructed as a fire wall without openings and shall create separate buildings. |
| Code Modification or Alternate Requested | The intent is to provide an opening in the fire wall combining the same first uses of the Patrick and Poppleton Buildings. |
| Proposed Design | The first-floor assembly space in the Patrick Building wishes to expand into the same first-floor use of the Poppleton building. An opening in the firewall between the two buildings is not a required exit. Each assembly on either side of the party wall has two compliant exits onto the public way. The Poppleton building’s first-floor assembly tenant space is available and equipped to meet the needs of the Patrick tenant’s expansion. Both URM buildings have the same occupancy with no use change and no seismic required upgrade per Title 24.85. We propose to adapt the 3-hour wall for joint service between the two buildings by constructing a fire wall in accordance with Section 706. To comply with the 3-hour rated wall, we propose installing a 3-hour rated door and frame closure that will maintain the integrity of the 3-hour wall. The opening is equipped with magnetic hold-open devices that are smoke-activated door closures by Section 716.2.6.6 reporting to the Fire Department. Regarding the party wall, please note the vacated property line covenant “not to sell properties separately”. A Multnomah County Official Record 2012-024299. (see attached documents) |
| Reason for alternative | The proposed opening in the firewall/party wall provides an opportunity for a successful business to flourish and occupy the same assembly group with minimal construction modification. |
Appeal Decision
3-hour fire rated opening in party wall: Granted provided the doors close upon smoke activation originating in either tenant space and signage is provided to keep the door swing area clear of obstructions.
The Administrative Appeal Board finds with the conditions noted, that the information submitted by the appellant demonstrates that the approved modifications or alternate methods are consistent with the intent of the code; do not lessen the health, safety, accessibility, life, fire safety or structural requirements; and that special conditions unique to this project make strict application of those code sections impractical.
Under 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 how to appeal to the Building Code Board of Appeal, go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov.