Ombudsman: Cherry Blossom Townhomes residents deserve 'straight answers' about fire code concerns

PORTLAND, Ore. (KOIN) — The Portland City Ombudsman's office is investigating fire code concerns at a newly built Habitat for Humanity affordable housing complex in Southeast Portland.

Residents at Cherry Blossom Townhomes in the Hazelwood Neighborhood first voiced concerns. Then, a KOIN 6 investigation revealed that the city and fire bureau approved building permits while fire code concerns remained unanswered.

Portland's Deputy Ombudsman Tony Green is sharing updates about their ongoing investigation into potential fire code violations as well.

An ombudsman helps resolve complaints and disputes between residents and the city by investigating issues, offering recommendations and ensuring fairness. In this case, the investigation centers on fire safety.

"The big issues were the width of the fire access road and whether there was a secondary access road given the number of units," Green said.

He's investigating several key issues including whether the townhomes are safe, whether Portland Fire and Rescue followed proper procedures in approving permits and how the city has communicated with residents when they raised these concerns.

"I think obviously the safety is the most important part. But people are entitled to know — the residents in particular are entitled to know — whether the process was followed and they're also entitled to get straight answers," Green said.

During KOIN 6's investigation, Portland Fire Bureau's answers were called into question as PF&R Assistant Fire Marshal Jason Birch said on camera that he "did not" notice any fire code violations while he was there.

Portland Fire officials once again denied in an email to KOIN 6 that the buildings were nearly 32 feet tall. Code states buildings over 30 feet require extra accommodations for bigger aerial fire trucks or automatic sprinkler systems, the complex has neither. The ombudsman confirmed this is the case.

"The fire code is clear, but there is a pretty big exception at the end that allows for significant deviations from what's in black and white," Green said.

If builders or architects are seeking exceptions to Portland Fire Code, they must go through an official appeals process.

Portland's appeals process for fire code exceptions involves submitting an appeal to the Portland Fire & Rescue Fire Marshal's Office. Applicants must provide detailed plans, justification for the exception, and propose alternative safety measures. The appeal is reviewed by a panel, and a decision is issued, which can be further appealed, if necessary.

However, whatever exceptions are made to current fire code still have to provide equivalent safety measures.

Green confirmed that no appeals were filed in the Cherry Blossom Townhomes case.

"We're confident that in the end, we'll be able to have a clear conclusion about what the fire code requires and whether the procedures were followed," he said. "When we reach a conclusion, we have a good track record of affecting change."

The deputy ombudsman's investigation is still ongoing. He has not published a final report or issued recommendations. KOIN 6 News will follow up with those reports as soon as he does.