Appeal 35059

Appeal Summary

Status: Decision Rendered

Appeal ID: 35059

Submission Date: 12/22/25 3:56 PM

Hearing Date: 1/7/26

Case #: R-1

Appeal Type: Building

Project Type: residential

Building/Business Name:

Appeal Involves: Alteration of an existing structure

Proposed use: SFR plus ADU

Project Address: 914 N Emerson Street

Appellant Name: Ken Wiesler

LUR or Permit Application #: Permit 25-093355-RS

Stories: 2 Occupancy: R-3 Construction Type: V-B

Fire Sprinklers: No

Plans Examiner/Inspector: Jason Buerkle

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

Building Code Guide 00-10: Accessory Dwelling Units Section D.2.b.3

Requires
  1. Openings

b. A door between dwelling units in newly constructed buildings shall be allowed if door is:
Minimum 60-minute fire-resistance rated; and Self-closing; and Smoke gasketed.
c. Openings between dwelling units in existing construction will be considered on a case-by-case basis through the building code administrative appeals process.

Code Modification or Alternate Requested

Maintain access between existing residence and proposed converted ADU while providing fire separation.

Proposed Design

Provide a 60-minute fire-resistance rated, self-closing, smoke gasketed door between the main residence and ADU at an existing opening in the existing construction, as allowed for New construction.

Reason for alternative

The walls and the doorway between units are existing and are not being altered. The proposed ADU is for inter-generational living, and access between the two units is a desirable feature for the conversion.

Appeal Decision

Communicating door between ADU and main dwelling unit: Granted provided a layer of 5/8 inch Type X gypsum board is installed for the full length of the wall within the bathroom including behind the bathtub. In other areas, existing lath and plaster in sound condition as noted in the drawings will be confirmed during inspections, including behind cabinetry and appliances in the kitchen.

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.