Appeal 7425

Appeal Summary

Status: Decision rendered

Appeal ID: 7425

Submission Date: 10/18/10 10:36 AM

Hearing Date: 10/20/10

Case #: B-004

Appeal Type: Building

Project Type: residential

Building/Business Name:

Appeal Involves: other: Conversion of basement

Proposed use: new basement bath and bedroom

Project Address: 3225 NE 40th Ave

Appellant Name: William M. Ruecker

LUR or Permit Application #: Permit 10-142148-RS

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

Fire Sprinklers: No

Plans Examiner/Inspector: Tris Kelly, Jeff Eldredge

Plan Submitted Option: mail   [File 1]

Payment Option: mail

Appeal Information Sheet

Appeal item 1

Code Section

Converting Attics, Basements and Garages to Living Space, Brochure # 9 along with section R311.5.6 Handrails of Oregon Residential Specialty Code.

Requires

R311.5.6, Handrails of Oregon Residential Specialty Code requires 'continuous handrail for winders shall be on the side where the trend is narrower.'

Code Modification or Alternate Requested
Proposed Design

Provide handrail for EXISTING winder stair on wider side (outside) of stairs to replace existing handrail that was also on outside of EXISTING winder stair.

Reason for alternative

"Existing winder stairs: which are triangular in shape are allowed as per Brochure #9. NEW winder stairs must meet current code". EXISTING winder stair had handrail on outside, (wider) side of EXISTING winder stairs. Although code requires handrail on narrow side of NEW winders Brochure #9 is silent on existing winder handrails. Because EXISTING winder stairs are grandfathered, existing railing should be also but since building official directed its removal and replacement with new continuous railing it should now be allowed regardless of subsequent interpretations by other building officials.

At first final inspection, initial inspector said existing wood handrail needed to be replaced because it was not continuous and instructed contractor to provide new continuous railing on outside of stair. New continuous railing installed at cost of $710 per attached photos. Existing newel post on inside of stair provides additional grab area on inside of winder stairs providing additional support to continuous outside railing.

At second final inspection, different inspector said handrail for winder stairs needed to be on inside while also indicating that winder stairs were not allowed even when existing (this was latter corrected by her supervisor (Jeff Eldridge @ 503-823-7276) that they were indeed allowed under Brochure #9 because they were existing and otherwise comply with Brochure #9.. Because existing handrail was allowed on outside of existing winder stair when home was originally constructed new railing, otherwise meeting all current handrail requirements should be allowed. Please note handrail on inside of existing winders in this circumstance would need to be almost vertical for the portion at the existing winders, similar to existing newel post.

Please note in the ten years of us living in this home no stair accidents have occurred and the existing winder stairs function even better with new handrail in place (thank you). The addition of the otherwise code compliant handrail, provided at the direction of a building official, along with additional lighting and switches at top, landing and bottom of stair, insure that no compromise to fire and life safety is made and it is equivalent or better to current code for EXISTING winder stair handrails.

Appeal item 2

Code Section

Converting Attics, Basements and Garages to Living Space, Brochure # 9 along with section R311.5.6 Handrails of Oregon Residential Specialty Code.

Requires

R311.5.6, Handrails of Oregon Residential Specialty Code requires 'continuous handrail for winders shall be on the side where the trend is narrower.'

Code Modification or Alternate Requested
Proposed Design

Provide handrail for EXISTING winder stair on wider side (outside) of stairs to replace existing handrail that was also on outside of EXISTING winder stair.

Reason for alternative

"Existing winder stairs: which are triangular in shape are allowed as per Brochure #9. NEW winder stairs must meet current code". EXISTING winder stair had handrail on outside, (wider) side of EXISTING winder stairs. Although code requires handrail on narrow side of NEW winders Brochure #9 is silent on existing winder handrails. Because EXISTING winder stairs are grandfathered, existing railing should be also but since building official directed its removal and replacement with new continuous railing it should now be allowed regardless of subsequent interpretations by other building officials.

At first final inspection, initial inspector said existing wood handrail needed to be replaced because it was not continuous and instructed contractor to provide new continuous railing on outside of stair. New continuous railing installed at cost of $710 per attached photos. Existing newel post on inside of stair provides additional grab area on inside of winder stairs providing additional support to continuous outside railing.

At second final inspection, different inspector said handrail for winder stairs needed to be on inside while also indicating that winder stairs were not allowed even when existing (this was latter corrected by her supervisor (Jeff Eldridge @ 503-823-7276) that they were indeed allowed under Brochure #9 because they were existing and otherwise comply with Brochure #9.. Because existing handrail was allowed on outside of existing winder stair when home was originally constructed new railing, otherwise meeting all current handrail requirements should be allowed. Please note handrail on inside of existing winders in this circumstance would need to be almost vertical for the portion at the existing winders, similar to existing newel post.

Please note in the ten years of us living in this home no stair accidents have occurred and the existing winder stairs function even better with new handrail in place (thank you). The addition of the otherwise code compliant handrail, provided at the direction of a building official, along with additional lighting and switches at top, landing and bottom of stair, insure that no compromise to fire and life safety is made and it is equivalent or better to current code for NEW winder stair handrails.

Appeal Decision

1 - 2. Handrail location on wider side of winder stair treads: Granted as proposed.