Appeal 7501

Appeal Summary

Status: Decision rendered

Appeal ID: 7501

Submission Date: 12/6/10 1:37 PM

Hearing Date: 12/8/10

Case #: B-003

Appeal Type: Building

Project Type: residential

Building/Business Name:

Appeal Involves: Alteration of an existing structure

Proposed use: Amended basement stairs

Project Address: 3623 SE Lincoln St

Appellant Name: Adam Schoeffel

LUR or Permit Application #: Permit 10-195215-RS

Stories: 2 Occupancy: SFR Construction Type: Framing

Fire Sprinklers: No

Plans Examiner/Inspector: Dave Tebeau

Plan Submitted Option: mail   [File 1]

Payment Option: mail

Appeal Information Sheet

Appeal item 1

Code Section

R311.5.3.1 Riser Height

Requires

The maximum riser height shall be 8 inches. The riser shall be measured vertically between leading edges of the adjacent treads. The greatest riser height with in any flight of stairs shall not exceed the smallest by more than 3/8" inch.

Code Modification or Alternate Requested
Proposed Design

I propose to build the stairs with a 8 3/4" riser height and a 9 3/4" tread.

Reason for alternative

Due to existing structural limitations and the location and poor condition of the existing basement stairs (10" rise and 7 3/4" tread) from the kitchen, Arciform proposes to dismantle the existing basement stairs and build new stairs under the existing upper staircase. The entrance to the stairs will be from the family room (with a door) and run down to an existing landing where an existing exterior 6'2"door is already located then down another flight with the same rise and run to the basement. The existing exterior door is currently set at exterior grade and level with the driveway. The current rough opening does not have a header. We propose to cut in a 4x8 no.2 Doug fir header and replace the trimmer studs to accommodate a new 6'8"exterior door. We propose to leave the existing door threshold and middle landing in place. It is not only cost prohibitive to raise the threshold and the middle landing which would reduce our proposed 8 3/4" rise, it will cause more code issues other than the riser height, such as proper egress, head room and landing width.

  1. The existing upper staircase framing will not allow for a properly sized header and a 6'8" door to fit without demo and reconstruction of the exterior facade or the demo and substantial reframing of the upper staircase.
  2. If we add a tread to reduce the rise we will no longer be able to construct code compliant 36"minimum landings at the exterior door and the bottom of the stairs. Also the stair case from the family room to the middle landing will encroach the exterior door opening there by forcing us to move the existing door location. Consequentially, the door opening would move further into the upper stair case stringer. This would require reframing of the upper stair case, concrete foundation form work and exterior façade work to accommodate the new opening.
  3. If we raise the middle landing to reduce the riser height, we will encroach our minimum head height requirements at the bottom of the stairs due to the main floor framing joists.
  4. Although there is no intention at this time to convert the basement space, our proposed 8 %"rise and 9 'A" run is still within the "grandfathered" allowance for a 9"max. rise and 9"min. run that allows homeowners to convert older home's basement space to living space with the existing stairs.
  5. The new stairs will enable us to construct a proper building envelope to separate the conditioned space from the unconditioned basement.

In summary, the proposed new stairs will fit within the existing structure without extraordinary cost to the home owner, unnecessary structural changes or changes to the building facade. It will fit every other code requirement except for rise. We will be able to build a proper building envelope. The new stairs will be much safer than the existing stairs. The existing stair location (if rebuilt in the same location) will not allow us to meet any code requirements. The proposed new stairs will allow for code compliant egress and will allow access not only to the basement but to the outside as well. The proposed new stairs are within the grandfathered code for renovating basements into living space in older homes. To leave the existing stairs in place is more a liability and safety concern to the homeowner and future homeowners than the construction of the proposed new stairs. If you deem that current code must be maintained, it places undue cost on the homeowner that may likely prevent them from improving the safety and convenience of their home. Also, the homeowner may be more likely to build the stairs without permit to suit their needs and not code requirements.

Appeal Decision

1. Stairway riser height, width and headroom: Granted as proposed.