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Balcony Along Shared Property Line

C

cjshumate

Registered User
Joined
Mar 6, 2019
Messages
13
Location
Portland, OR
I feel like I should know the answer to this but I don't, and perhaps it's a dumb question. I have a design for a new building and it comes within a couple inches of a shared property line (i.e. not abutting the right of way). Where the building hugs the property line the walls are rated and have no glazing. There is a long section where the building pulls inward away from the property line so it can have glazing. My question is can that recessed section have decks that extend out to the edge of the building, coming within inches of the property line? The adjacent property is currently a single family house so the decks look over this property. However, should the adjacent property be developed in the future the new structure could be built up to the property lines thereby blocking light and egress from the decks on my building (assuming they are allowed per code).
 
We have allowed balconies to be within the 3 feet of the property line if it they were built with heavy timber or other approved fire-rated materials having equal or greater than 1-hour rating.
 
I have seen what you've described on buildings in the past. It's been done to provide nonrated and/or operable windows by deeply recessing them more than 3' from the property line, similar to the image below (pretending that the face of that sunny wall is right against the property line):
1642034269044.png
The problem is, if you are doing a full recess (with a roof over the recess) and a fire breaks out, the smoke gets pushed right up to the property line, negating the safety buffer that the 3' would have provided to the adjacent property.
I've seen plan checkers claim that the area of the recess is technically floor area under the definition in IBC 202:
1642034591360.png
Certainly those punched openings could not be used for egress (or bedroom emergency escape windows) if the're no walking path at ground level along the property line. You could ask your neighbor for a no-build + egress easement on their property, but they'd have to be in a generous mood.
If you really want a view on a wall that is not normally allowed to have openings, and are prepared to pay for it, consider using "transparent wall".
It's ceramic glazing set in a metal frame that's been fire tested with a hose stream as if it were a wall.
It's very pricey (over $300+ per square foot), but if you have a million-dollar view, it's worth it.
 
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Right. We did an early assistance meeting with the city and this issue didn't come up, although they were liking looking at it from a planning perspective rather than life and safety. The units on that side will need emergency egress and perhaps my client could get the neighbors to agree to an easement (even though he couldn't get them to agree to sell their property) but I also just got a survey that shows the adjacent house is only 2.6 feet from the property line!
 
The project designer and contractor researched, and they found a composite decking material that was listed for use in 1-hour construction. Both the Fire Marshal and Building Official approved the design and materials as meeting the intent and purpose of the projection within 3 feet of the property line.
 
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