Appeal 23488

Table 705.8 Maximum area of exterior wall openings based on fire separation distance and degree of opening protection.

Exterior wall openings less than 3' from the property line are not permitted.

Request to allow existing openings on property line to remain.

ORIGINAL TEXT

The existing masonry wall openings on the north wall at the fourth and fifth stories will remain. Exterior enclosed terraces will be created to serve the occupants of the fourth and fifth stories. 2-hour rated horizontal assemblies will be provided at the floors and ceilings of the terraces. A 2-hour wall will be provided on the south side of the terraces. Aluminum storefront with additional sprinkler protection on either side will be provided at the east and west walls of the terraces. Please refer to attached exhibits for reference.

RECONSIDERATION TEXT

In addition to the above, appellant adds that the building owner agrees to permanently infill the openings with 2-hour fire-rated construction if the adjacent property is developed and height of the adjacent structure increases. We are requesting the same consideration as a previously approved appeal -- please refer to appeal number 15022, approved with this condition (hearing date 5/3/17).

ORIGINAL TEXT

The existing masonry openings provide a unique opportunity for the occupants of the fourth and fifth story to experience views to the north. They also provide a small amount of natural light in the deep interior of the building. The 2-hour horizontal assemblies, 2-hour south wall and sprinkler-protected storefront at the east and west walls create a 2-hour enclosure all around the terraces. This enclosure effectively extends the 2-hour exterior wall required by Table 601 and offers the same protection. The 2-hour non-bearing south wall is set back 11'-6" and exceeds the 1-hour rating required by Table 602.

RECONSIDERATION TEXT

No change to the above.

2902.2 Separate Facilities

Where plumbing fixtures are required, separate facilities shall be provided for each sex.

Request to meet required plumbing count, based on total occupant count, with gender-neutral restrooms rather than providing separate facilities per sex.

The ground story contains mixed B, M and S occupancies and the fixture count has been calculated separately from the other floors of the building. The future A-2 occupancy space is not included and toilet rooms for that space will be provided in the future TI permit application. Per Table 2902.1, 2.8 toilets are required for the Ground Story. Three accessible gender-neutral single-use toilet rooms will be provided. Two will be located in the shared circulation area. One will be provided in the Bike Storage room. A second non-accessible single-use toilet room will also be provided in the Bike Storage room for convenience. See G101.

Per Table 2902.1, 2.8 toilets are required for the B, M and S occupants on the ground story. All tenants in the building will have use of the Bike Room and will have access to the Bike Room toilet at all times. The Lounge is only available for use by building tenants, therefore occupants in the Lounge can make use of the Bike Room toilet. Additionally, the occupants of the Bike Room and Trash room can make use of that toilet. The combined occupant load of the Lounge, Bike Room and Trash room is accommodated by the accessible gender-neutral single-use toilet room in the Bike Room.

The remaining Ground Story occupant load is accommodated by the remaining two accessible gender-neutral single-use toilet rooms in the shared circulation area. See attached Ground Story WC calculations.

Providing separate male and female single-use toilet rooms would require an entire 4th toilet room in the common area that is not actually necessary to serve the occupant load. This would eliminate space that is better served by other functions, like the Mother’s Room, and places an unnecessary additional cost burden on the Owner.

The 2012 IBC Commentary states:

“The separate facilities requirement for males and
females addresses two main concerns: privacy and
safety. Users of toilet facilities often experience
embarrassment if members of the opposite sex are in
the same room. This increased embarrassment can
lead to difficulty or prevention of waste elimination for
many users. While some of these inhibitions are often
temporarily “given up” under special conditions such as in co-ed college dormitories or where one gender’s
facilities are inadequate for the demand, these inhibitions
quickly return for most people as it is innate to
the human species to desire privacy during waste
elimination. In a public environment, safety for female
users of toilet facilities is of paramount concern.
While a female restroom placard is no barrier to those
intent on harming female occupants, a female user
confronted by (or even hearing) a male in the female only
toilet facility will immediately recognize the
potential threat and take action. A toilet facility
intended to be used by both sexes simultaneously
does not offer the same level of immediate situational
awareness for females and, therefore, it is not perceived
to be as safe as a facility intended for one
gender only. Also, some individuals may be inhibited
to use a facility that is used by the opposite sex
because of notions of cleanliness and perceived
appropriateness.”

Since all of the Ground Story toilet rooms will be single-use, none of these concerns apply. Additionally, the upper story office spaces will include gender-neutral multi-use toilet facilities meeting the requirements of COP Code Guide OSSC/29/#2. The same logic should apply to single-use toilet rooms. The broader community is moving toward gender-neutral toilet facilities and Section 2902.2 is antiquated.

Table 1004.1.2 Maximum Floor Area Allowances per Occupant

100 gross SF per occupant for Business areas.

For B occupancies -- request to use 2019 OSSC occupant load factor of 150 gross SF per occupant.

The 2019 OSSC occupant load factor of 150 gross SF per occupant for Business areas will be used for the purpose of Title 24.85.040 analysis. The 2014 OSSC occupant load factor will be used for all other code-related calculations per discussion with John Cooley.

The current core and shell project scope includes a structural seismic upgrade per Title 24.85 and a partial change of occupancy. The current core and shell permit was submitted under the 2014 OSSC, however, the State has since adopted the 2019 OSSC, which is now being enforced. Therefore, all of the upcoming Tenant Improvement permits will be made using the 2019 occupant load factors.

The occupant load factor discrepancy will cause confusion and problems with the Title 24.85.040 occupant load analyses in the upcoming TI applications. The discrepancy between the 2014 and the 2019 OSSC occupant load factors is large enough to skew the calculations between the core and shell permit and the TI permits. In discussions with John Cooley, this could cause significant problems for plans examiners as well as the Applicants. Using the 2019 occupant load factors for the purpose of Title 24.85.040 calculations in the current core and shell application will simplify the upcoming TI permit review processes. The 2014 OSSC occupant load will be used for all other code-related occupant load calculations (egress, plumbing fixtures, etc.).

1023.5 Openings and penetrations

Except as permitted in Section 402.8.7, openings in exit passageways other than exterior openings shall be limited to those necessary for exit access to the exit passageway from normally occupied spaces and for egress from the exit passageway.

Allow for access to building's Trash Room directly from exit passageway.

ORIGINAL TEXT:
The new trash room doors will open onto the exit passageway. See G101 and A101.
RECONSIDERATION TEXT:
The new trash room door will open into a vestibule, off of the exit passageway. See attached exhibit: 19-014 10 CD 20191218 TRASH ROOM RECONFIGURATION].
RECONSIDERATION #2 TEXT:
The new trash room door will open into a vestibule, off of the exit passageway. The vestibule will be separated from the Trash Room proper by an overhead coiling door with a fusible link, 90 minute rated fire protection. To ensure that the area below the coiling door will remain unobstructed, signage will mark the area to remain clear at all times. Additionally, this building will be fully staffed with a staff person who will monitor the trash room and maintain the required clear area. See attached exhibit: 19-014 10 CD 20200116 TRASH ROOM RECONFIGURATION]; Ground Level Floor Plan (A101) and Life Safety Plan also included as Exhibits for reference.

ORIGINAL TEXT:
The building is a zero lot line building and therefore the trash enclosure must be inside. Due to the building’s location on the corner and the arrangement of the retail spaces, the only direct building access to the exterior is through the main lobby area or the new exit passageway. Adding a third exit is not feasible due to City of Portland Design Review requirements to maintain the existing storefront bays, which are already compromised by the second exit. Additionally, the building owners are currently pursuing historic designation for the building, and the existing façade is a critical primary contributing historic element.
Since it is not appropriate for the trash hauler to negotiate the main building lobby while bringing the dumpsters in and out of the building, the exit passageway is the only remaining option. The exit passageway provides direct and unencumbered access to the exterior. The trash room doors will have a 90-minute rating. A closer and smoke gasketing will be provided on these doors. Additional sprinkler protection will be provided above the doors to further mitigate the opening.
RECONSIDERATION TEXT:
The building is a zero lot line building and therefore the trash enclosure must be inside. Due to the building’s location on the corner and the arrangement of the retail spaces, the only direct building access to the exterior is through the main lobby area or the new exit passageway. Adding a third exit is not feasible due to City of Portland Design Review requirements to maintain the existing storefront bays, which are already compromised by the second exit. Additionally, the building owners are currently pursuing historic designation for the building, and the existing façade is a critical primary contributing historic element.
Since it is not appropriate for the trash hauler to negotiate the main building lobby while bringing the dumpsters in and out of the building, the exit passageway is the only remaining option. The exit passageway provides direct and unencumbered access to the exterior. The trash room vestibule door will have a 90-minute rating. A closer and smoke gasketing will be provided on these door. Additional sprinkler protection will be provided above the doors to further mitigate the opening.
RECONSIDERATION #2 TEXT:
The building is a zero lot line building and therefore the trash enclosure must be inside. Due to the building’s location on the corner and the arrangement of the retail spaces, the only direct building access to the exterior is through the main lobby area or the new exit passageway. Adding a third exit is not feasible due to City of Portland Design Review requirements to maintain the existing storefront bays, which are already compromised by the second exit. Additionally, the building owners are currently pursuing historic designation for the building, and the existing façade is a critical primary contributing historic element.
Since it is not appropriate for the trash hauler to negotiate the main building lobby while bringing the dumpsters in and out of the building, the exit passageway is the only remaining option. The exit passageway provides direct and unencumbered access to the exterior. The trash room vestibule door will have a 90-minute rating. A closer and smoke gasketing will be provided on these door. Additional sprinkler protection will be provided above the doors to further mitigate the opening. The vestibule will be separated rom the Trash Room proper by an overhead coiling door with a fusible link.