Appeal 15856

OSSC Table 29-A and Sections 2902.1-2902.3

Minimum number of plumbing fixtures required:
Table 29-A, Minimum Number of Required Plumbing Fixtures:
R-2 (apartment house) occupancies are required to have at least one water closet, lavatory and bathtub/shower per dwelling unit.

Section 2902.3, Employee and Public Toilet Facilities:
Public toilet facilities to be provided for all establishments that are used by the public and for all employees who are involved with the purpose of the establishment.

Section 2902.2, Separate Facilities:
Separate facilities shall not be required in tenant spaces with a total occupant load, including employees and customers, of less than 15.

It is assumed the residents of the apartments will use the toilet facilities in their own apartment,
therefore accessory residential areas such as the entrance lobby, vestibules that provide stair and
elevator access, the mail room, trash room, and tenant storage areas, etc., are not considered
separate occupancies which would require public plumbing toilet facilities. Similarly since the Level
11 and 12 terraces and common room is only to be used by the occupants of the private
apartment building and their potential guests, this area would not require additional public
plumbing facilities.

Only areas provided for use other than for the apartment residents and their guests, require public
plumbing facilities. Therefore the leasing office area is the only area of the building that requires
public toilet facilities for leasing staff, in which a single unisex facility is being provided currently on
Level 1. Additional unisex restrooms are provided on Levels 11 and Level 12 for tenant
convenience. Future tenant spaces on Level 1 will build out any respectively required toilet rooms.

RECONSIDERATION TEXT

The project consists of two programmatic areas. There is a small commercial-retail space at the north east corner of level 1, accessed only from the street with no connection to the rest of the building. This space has been provided with dedicated unisex toilet rooms to satisfy its required fixture count.
The balance of the building consists of affordable student housing and its support functions. Once entering beyond the leasing office in the lobby the building is closed to the public, intended for tenants and their guests only. (Exhibit 3.2 Plans)

Each apartment contains a toilet room, therefore each tenant has access to a dedicated toilet. As the Level 2 terrace and common areas, and the common study lounges are only to be used by the occupants of the private apartment building and their potential guests, these areas would not require additional public plumbing facilities.

Only areas provided for use other than for the apartment residents and their guests, require public plumbing facilities. Therefore the leasing office area is the only area of the residential portion of the building that requires public toilet facilities for leasing staff, in which a single unisex facility is being provided on Level 1.

ADDITIONAL INFORMATION
There is no longer a terrace on levels 11 or 12. The only common area with an Assembly occupancy is on Level 2. Occupants of this Level 2 terrace may use either the tenant’s unit’s toilet or the Level 1 toilet room near the lobby.

Please see granted precedent appeal 14846.

See attached correspondence (Exhibit 3.1) from Mike Giachetti, PE who is a senior staff engineer with the International Code Council (ICC). This email provides an interpretation of IBC chapter 29; Minimum Number of Required Plumbing Fixture for buildings that have a main occupancy of apartment/residential without areas that are used by the general public. Oregon amendments to Chapter 29 do not alter the base IBC requirements regarding this subject.

We are submitting this request for appeal based on the fact that the only use in the building requiring public plumbing facilities is the leasing function at level 1 which has been provided with a unisex facility off of the lobby. All other areas of the building are used exclusively by apartment residents and their guests.