Fire code violations built into Cherry Blossom Townhomes

PORTLAND, Ore. (KOIN) -- First-time home ownership means the world to moms like Jasmine Stoner and Lacey Sutton. They're in Cherry Blossom Townhomes, which was finished in 2023 by the Habitat for Humanity Portland region.

But they are concerned about safety issues in their new home. A KOIN 6 News investigation discovered this newly built affordable housing complex near Mall 205 likely has fire code violations that potentially endanger dozens of families and firefighters who might need to respond in an emergency.

"Originally the idea of moving here was a dream come true," Stoner said. "I was concerned about some safety issues because I have three small children and a teenager. So living in a multi-story home has always been a concern. Most importantly, I always thought it was just being built safe."

Sutton said she was "really mad that it took this long, that it took an investigation by someone else, by a news team to get to the truth."

The KOIN 6 News investigation included reviewing the 2016 Portland Fire Code and talking with local fire code consultants who specialize in implementing regulations. These issues were confirmed:

• The townhouses are nearly 32 feet tall. Fire code states any building or portion of building over 30 feet high are legally required to have aerial fire truck access.
• Aerial fire trucks also require wider roads. The road at Cherry Blossom Townhomes was built too narrow and doesn't meet code requirements of at least 26 feet wide.
• The development lacks "No Parking" fire lane signs, so cars park on both sides of the narrow street -- and even on the sidewalks -- making it a tighter squeeze for a large fire truck to get through.
• The development has a 265-foot long dead-end road that should have a turnaround for fire trucks. Dead end roads longer than 150 feet require it, according to 2016 Portland Fire Code.

Homeowners worry the firefighters won't find them quickly in an emergency because the complex is also missing proper address signage for emergency vehicles at the front entrance.

"People drive right past us all the time," Sutton said. "There's a reason we have a code. There is a saying in the fire department that the fire code is written in blood. All of these codes have horrific histories. People died and they created a set of rules that would minimize suffering, and they didn't do any of them here."

Initial application filed in 2019

Before the City of Portland approved the complex's permit, a Fire Safety Review Checksheet shows the Fire Inspector Mark Cole listed 10 fire code violations the architect needed to address or clarify in the site plans.

The biggest violation was that the buildings were taller than 30 feet, which required extra accommodations for an aerial fire truck or all the units needed automatic sprinkler systems.

A month later, documents show the architect resubmitted the plans adding a new measurement of the buildings. But this time the architect measured to the bottom of the eave instead of to the top of the roof.

"These show that we're under 30 feet at all buildings and do not require fire access apparatus," the architect wrote.

But for a building like this with an essentially flat roof, Portland Fire Codes states the measurements must go from the intersection of the roof to the exterior wall. The code emphasizes the measurements must go to the highest roof surface, but it appears the architect measured to the lowest.

Fire code consultants who spoke with KOIN 6 News said that's "playing with the margins of safety and playing games with people's lives."

The initial fire inspector, Mark Cole, wasn't the only one concerned about the architect's plans. A KOIN 6 News records request turned up an email from December 21, 2019 where a second PR&R fire inspector, Joe Thornton, doubled down on the issues and wrote to the architect:

“I’m looking at submitted corrections for this development and was curious why your submitted corrections state all conditions of fire apparatus access do not need to be met except for fire hydrants? All requirements related to fire department access and water supplies (see attached document) are applicable to this residential development. Looking at the building key plan G0.10, you may have some significant issues.”

The architect replied he was having trouble reaching the initial inspector and asked for a phone call to go over fire safety requirements. KOIN 6 News made a records request for the architect's emails, texts and phone calls with the initial inspector—but none existed in that timeframe.

A week later, on December 31, 2019 the fire inspector approved the permit, without requiring any changes—and on New Year's Eve, the day before Habitat for Humanity's multi-million dollar land use agreement was set to expire.

If approvals or agreements expire, projects may face new code compliance, reversion to previous zoning restrictions and additional challenges due to the site's former conservation status.

When KOIN 6 News contacted architect Kegan Flanderka, Principal at Base Design + Architecture, he wrote back and said he confirmed code compliance over a phone call with a fire safety plans examiner, which led to the approved permits.

Assistant Fire Marshal Jason Birch opened an investigation into these issues this summer at the request of the residents.

In an on-camera interview with KOIN 6 News, Birch said he went to the site and did not notice any fire code violations while he was there.

"The issues identified here, again, meet code compliance," Birch said on-camera.

But Birch later noted the concerns about how the architect's initial response disregarded the fire code requirements about the access road, the road width, vertical clearance, surface load capacities, turning radius and dead-end access roads, grade, additional access roads and fire department connections.

"How did his response wash away all of these other concerns," questioned Elise Haas, KOIN 6 investigative reporter.

"I can't answer. I don't know how this was interpreted by the fire plan's examiner on this day in 2019," Birch said. "This is a concern."

But for Jasmine Stoner and Lacey Sutton, it's more than just a concern. It's their families' safety on the line if firefighters can't reach them in time.

Who bears responsibility?

The local fire station visited the complex a couple of times to test equipment. Portland Fire & Rescue Public Information Officer Rick Graves said the bureau is "very aware of what we're encountering when we come to this location now, simply as a result of the back-and-forth between the residents and our organization."

But who's to blame for the code violations? Birch said it's the owner and architect.

"The onus and responsibility is on the owner and the architect to build a compliant property," he said.

The fire code consultants said this is true, that the owner is still required to build to code even if the fire inspector didn't catch or object to a mistake.

But what if mistakes were made in permit approvals—and it's built incorrectly?

"We have already started conversations months ago about opportunities, whether through grants or other funding to help offset this community's costs," Birch said.

In emails obtained by KOIN 6 News, the city's Planning and Permitting Development department wrote on November 5, 2024: “If code violations are found, the property owner of record (Cherry Blossom Townhomes Condominium Owners Association), and not the builder, will be responsible for correcting those violations and will face enforcement penalties if it fails to do so within a certain period of time.”

"We are all low-income families here. We shouldn't have to pay a dime to bring our homes up to code and to make them safe. I feel like Habitat is particularly responsible here because they're the builder," Sutton told KOIN 6 News. "I am just flooded with emotions, anger, fear, confusion. I don't know who to trust anymore.

The builder, Habitat for Humanity Portland region, declined multiple requests from KOIN 6 News for an on-camera interview.

Issues with the Portland Fire Bureau also came into question. First, fire officials denied code violations on camera, then denied it again in writing. After dozens of public records requests, KOIN 6 News discovered the bureau had poor records or didn't require safety records for Cherry Blossom Townhomes.

"This is not something that would happen today through our expanded process and updated documents to support our plan reviewers," Birch said.

Residents, though, don't feel reassured.

Now what?

"I am grateful that I got this opportunity to buy a home," Stoner said. "But I also feel like there were so many errors along the way that weren't caught, and this is not their first time that they've built a home."

Sutton said she's thought a lot about "the ramifications of pushing for this truth. But what I kept coming back to is what if there's a fire? What if one of the hundred kids that live here was injured or worse? I would never forgive myself. At the end of the day, I don't care about money. I don't care about the value of our homes. I want us to be safe."

Enforcement of code violations is typically resolved through litigation. But the residents are mainly refugees, immigrants and low-income families, making getting an attorney more difficult.

If the automatic sprinkler system was installed before the townhomes were built, a majority of the violations would have been resolved. Now, a sprinkler system would have to be retrofitted— which is even more expensive.

Street signage at the entrance and "No Parking" fire lane signs also need to be installed.

The Portland City Ombudsman is investigating these issues, coming to similar conclusions. Though, their report and recommendations have yet to be publicly released.

Additionally, the residents reached out to the Department of Justice, but got turned down. However, this is another opportunity for the DOJ to reopen the complaint.

KOIN 6 News will continue to follow this story.