Appeal 16875

Appeal Summary

Status: Decision Rendered - Reconsideration of ID 16802

Appeal ID: 16875

Submission Date: 5/4/18 4:08 PM

Hearing Date: 5/9/18

Case #: B-021

Appeal Type: Building

Project Type: commercial

Building/Business Name: The Fair-Haired Dumbbell

Appeal Involves: Reconsideration of appeal

Proposed use: Office

Project Address: 11 NE MLK Jr Blvd

Appellant Name: Westin Glass

LUR or Permit Application #: Permit 15-277059

Stories: 6 Occupancy: B Construction Type: IV-HT

Fire Sprinklers: Yes - throughout

Plans Examiner/Inspector: John Butler

Plan Submitted Option: pdf [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section	2014 OSSC 1015
Requires	OSSC Section 1015, in Table 1015.1, allows a space with 'B' occupancy to have one exit if the occupant load is 49 or fewer.
Code Modification or Alternate Requested
Proposed Design	Appeal 16802 approved the consideration of a Conference Room in this space as "non-simultaneous use," allowing the space to have only one exit. This reconsideration requests the same consideration be made for a change in the location of the conference room, due to a change in tenant for the fourth floor south. The occupant load of the space is considered to be 38, based on 3,768 SF of "Business Areas" use at 100 gross SF per occupant (Table 1004.1.2). At 38 occupants, the space is under the requirement for two exits, triggered by an occupant load of 50 or more.
Reason for alternative	The Conference Room will be used by the same occupants as the Group B occupancy on the rest of the floor, and not a separate group of users. Therefore, appropriate life safety is provided by having a single exit on the floor.

Appeal item 2

Code Section	2014 OSSC 2902.1
Requires	For business areas, Table 2902.1 requires 1 water closet per 25 occupants up to the first 50 and one per 50 additional occupants, and 1 lavatory per 40 occupants up to the first 80 and one per 80 additional occupants.
Code Modification or Alternate Requested
Proposed Design	Appeal 16802 approved the consideration of a Conference Room in this space as "non-simultaneous use," allowing the space to have only one exit. This reconsideration requests the same consideration be made for a change in the location of the conference room, due to a change in tenant for the fourth floor south. The occupant load of the space is considered to be 38, based on 3,768 SF of "Business Areas" use at 100 gross SF per occupant (Table 1004.1.2). At 38 occupants, per Table 2902.1, two lavatories and two water closets are sufficient.
Reason for alternative	Since the Conference Room will be used non-simultaneously by the same occupants as the main Office Areas, the occupant load with regard to plumbing fixture requirements is appropriately calculated as the load of the Office Area and related spaces only, without including the occupant load of the Conference Room.

Appeal Decision

1. Occupant load for exiting based on non-simultaneious use of area within tenant space: Granted for this use and configuration provided occupant load signage is posted in lobby "Maximum Occupant Load 49"

2. Plumbing fixture count based on non-simultaneous use of areas within tenant space: Granted as proposed for this use and configuration only.

Note: Partitions must be of one hour rated fire resistant construction

Appellant may contact John Butler (503 823-7339) with questions.

The Administrative Appeal Board finds that the information submitted by the appellant demonstrates that the approved modifications or alternate methods are consistent with the intent of the code; do not lessen health, safety, accessibility, life, fire safety or structural requirements; and that special conditions unique to this project make strict application of those code sections impractical.

Pursuant to City Code Chapter 24.10, you may appeal this decision to the Building Code Board of Appeal within 180 calendar days of the date this decision is published. For information on the appeals process and costs, including forms, appeal fee, payment methods and fee waivers, go to www.portlandoregon.gov/bds/appealsinfo, call (503) 823-7300 or come in to the Development Services Center.