Appeal 22036

Appeal Summary

Status: Decision Rendered

Appeal ID: 22036

Submission Date: 10/21/19 9:49 AM

Hearing Date: 10/30/19

Case #: B-008

Appeal Type: Building

Project Type: commercial

Building/Business Name: adidas

Appeal Involves: Alteration of an existing structure

Proposed use: Warehouse and Fabrication

Project Address: 4468 NW Yeon Ave

Appellant Name: Frank Rudloff

LUR or Permit Application #: Permit 19-219059-CO

Stories: 2 Occupancy: S-1, B Construction Type: III-B

Fire Sprinklers: Yes - Throughout

Plans Examiner/Inspector: Anne Schmidt

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

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. For storage areas, Table 2902.1 requires 1 water closet per 100 occupants, and 1 lavatory per 100 occupants.

Code Modification or Alternate Requested
Proposed Design

The number of plumbing fixtures provided in the proposed design was calculated based on the actual expected staff in the tenant (warehouse, office, shop) space and based on all facilities being gender neutral. Five WCs and five Lavatories have been provided in the current design. The Conference Rooms, Break Areas and Circulation spaces will be used by the same users as the main Warehouse, Office and Shop Areas, non-simultaneously. Additionally, the load factor for Business Areas per Table 1004.1.2 in the recently adopted 2019 OSSC has increased to 150 sf (gross)/occupant (from the 2014 OSSC factor of 100sf/occupant). Therefore, the occupant load for calculating plumbing fixtures is more appropriately considered to be 148 (72 in the Warehouse, 76 in the Office/Shop area), the occupant load of all spaces on the floor, with the exception of the Conference Rooms, Break Areas and Circulation spaces.

Reason for alternative

Since the Conference Rooms, Break Areas and Circulation spaces will be used non-simultaneously by the same occupants as the main Warehouse, Office and Shop Areas,, the occupant load with regard to plumbing fixture requirements is appropriately
calculated as the load of the Warehouse, Office and Shop Areas only, without including the occupant load of the Conference Rooms, Break Areas and Circulation spaces. Additionally, since the 2019 OSSC has been adopted (since the project was originally submitted for review) it is appropriate that the2019 Occupant Load Factor for Business Areas per Table 1004.1.2 be used as a basis for calculating occupant loads for Office spaces. This results in a total occupant load of 148 (72 in the Warehouse, 76 in the Office/Shop area). Per Table 2902.1, six total WCs and four lavatories are required. Breaking the numbers down further:
Storage at 1/100 for WCs and Lavs -36 Males = .36 fixtures / 36 Females =.36 fixtures for a total of .72 WCs and Lavs.
Business at 1/25 for the first 50 and 1 per 50 for the remainder exceeding 50 for WCs, and at 1/40 for the first 80 and 1 per 80 for the remainder exceeding 80 - 38 Males = 1.52 WCs, .95 Lavs / 38 Females = 1.52 WCs, .95 Lavs
Since all facilities provided are gender neutral and since the (breakdown) total number for required WCs is 3.76, we submit that five total WCs (and five Lavs) is a reasonable number to provide.

Appeal item 2

Code Section

1014.2

Requires

Egress shall not pass through kitchens, storage rooms, closets or spaces used for similar purposes.

Code Modification or Alternate Requested
Proposed Design

The tenant space is a mixed-use facility – S-1 and B (with incidental F-1). It is fully sprinklered. Access to a portion of the B occupancy is through space designated as S-1. Two means of egress are required from this area. One exit is via a demarcated path through a warehouse space. The other exit (and primary entrance) from (to) the space is via a dedicated hallway which connects the B occupancy directly to the building exterior by way of a vestibule. The hallway is extra-wide (18’-6”) to allow movement of large equipment to the area of B (and incidental F-1) occupancy. A demarcated path is provided along one edge of the hallway to reinforce the requirement for a clear path of egress through the space. The space is not a “storage room”, just a wide hallway.

Reason for alternative

Access from/to the area of B occupancy is clearly demarcated with floor painted with a 4” striping pattern in a contrasting color, for a width of 60”. This painted area demarcates the area required to remain clear and unobstructed at all times. This painted floor pattern is continuous between the doors through the demising wall to the respective exit doors. The building is fully-sprinklered. Both exits from the B occupancy can accommodate more than 50% of the occupants from that area. The access to the two means of egress is separated by a distance roughly equal to half the maximum overall diagonal dimension of the area of B occupancy served.

Appeal Decision

1. Reduction in the minimum required number of plumbing fixtures: Granted as proposed for this use and configuration only.
Note: Accessibility per OSSC Chapter 11 will be reviewed at time of permit submittal.
Note also: This decision does not waive any federal requirements for accessibility that are enforced by Department of Justice.

2. Egress through intervening space: Granted as proposed.
Note: This decision can be revoked by the Fire Marshal's office if egress paths are not maintained.

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 90 calendar days of the date this decision is published. For information on the appeals process, go to www.portlandoregon.gov/bds/appealsinfo, call (503) 823-7300 or come in to the Development Services Center.