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Portland Zoning Board of Appeals upholds fire marshal—s sprinkler order for Eastern Promenade condos
Summary
The Zoning Board of Appeals on Dec. 12, 2024 voted 5-0 to adopt written findings that uphold the City of Portland Fire Marshal Jason Grant—s notice requiring the Eastern Promenade East Condominium Association to install a complete automatic sprinkler system, denying the association—s appeal.
The Portland Zoning Board of Appeals voted unanimously on Dec. 12, 2024 to adopt written findings that uphold the City of Portland Fire Marshal Jason Grant—s determination and deny an appeal by the Eastern Promenade East Condominium Association.
The board—s adopted decision, read into the record by the meeting moderator, states that "the board would find no error in the determination of the City of Portland Fire Marshal Jason Grant that the association is required to install a complete automatic sprinkler system in its building as is required under NFPA 1 Fire Code Section 13.3.2 point 26.2 and therefore denies the association's appeal." The motion to adopt the written findings was moved by Attorney Bauer and seconded by the meeting moderator; a roll call showed five "yes" votes from Joseph Zamboni, Todd Morris, Dan Black, Andrew Weaver and Laura Barton.
Why it matters: The decision affirms the fire marshal—s notice of violation tied to life-safety standards in the NFPA 1 Fire Code and requires the condominium association to proceed with compliance steps outlined in the notice. The board relied on an administrative record that included the appeal application (Oct. 18, 2024), a Fire Marshal memo dated Nov. 1, 2024, and a responsive letter from Attorney Sabinski dated Dec. 4, 2024; the board noted no written public comment had been filed in advance of the meeting.
What the board considered: Attorney Bauer summarized a five-page draft Notice of Decision and the board reviewed factual findings and legal conclusions. The board also discussed procedural record items to be explicitly listed (mailed notices to property owners within 100 feet, newspaper publication) and confirmed the Fire Marshal memo was posted to the city—s citizen self-service portal after an earlier upload error.
Zoning status and timing: Board members clarified that zoning map language in the draft referenced an overlay (Monjoy Hill NCOD) that is no longer in effect; staff confirmed a recode revision became effective Dec. 4, 2024 and the board asked that a footnote be added to clarify the zoning designation change for accuracy in the written decision.
Next steps and administrative actions: After adopting the findings, the board voted to authorize the chair to sign the decision; Attorney Bauer said he would send a PDF of the final, redlined document to Joseph Zamboni for signature and filing. The meeting adjourned following the vote.
The board—s action denies the association—s appeal and leaves the Fire Marshal—s notice in place; the decision text makes clear the board—s ruling rests on the administrative record and the cited NFPA 1 Fire Code provision. The board did not reopen the public comment period at this meeting, per the moderator.
