Appeal 23531

2014 OEESC 502.1.

2014 OEESC 502.1. The building thermal envelope opaque assemblies shall meet the requirements of Table 502.1.1 and Section 502.2. Fenestration shall meet the requirements of Section 502.2. Values from tables shall be based on the climate zone specified in Chapter 3. Commercial buildings or portions of commercial buildings enclosing Group R occupancies shall use the R-values from the "Group R" column of Table 502.1.1. Commercial buildings or portions of commercial buildings enclosing occupancies other than Group R shall use the R-values from the "All other" column of Table 502.1.1. Buildings with a vertical fenestration area or skylight area that exceeds that allowed in Table 502.3 shall comply with Section 502.1.3, Simplified Trade-off Approach or Section 506.1, Whole Building Approach.

Suite 120. - Seeking approval for energy code envelope upgrades that improve the performance of the building but do not meet 100% of the code requirements.

This appeal pertains to a tenant improvement in the Iron Fireman Collective located in the Brooklyn neighborhood at the corner of SE 17th and Schiller, built in 1925. This building was originally a single tenant manufacturing and warehousing user. Core and shell work commenced in January 2016 and was completed in early 2019, converting the building into a multi-tenant industrial design and production use. The building is partially conditioned. Proposed work under the permit includes demising existing vacant Suite 120 area into three separate tenant suites and converting the demised tenant suites to conditioned space. Current conditioning in the area is partially unpermilted, thus adding healing and cooling requires compliance with OEESC Section 101.4.3 (change in space conditioning). Therefore, the thermal envelope of Suite 120 is to be upgraded.

Using Simplified Trade-off approach, OEESC Section 502.1.3, the following improvements are proposed:
• Replace existing single pane glazed, steel windows in the roof monitors with high performance vinyl windows (U- 0.27, SHGC-0.33).
• Provide metal stud furring with bait insulation on the existing concrete demising walls and bait insulation in the new metal stud demising walls (R-21).
• Provide insulated doors and windows where occurs in the scope of work.

The following improvements were made during the core & shell permit (16-141368-CO):
• Provided insulation at roof. R-28.5 bat! insulation at open joists. R-22.5 ball insulation at roof monitor ceilings. R- 13 bait insulation at roof monitor side walls.
After a COMcheck, we have found the space to be -1% in compliance. For comparison, the building as-is from when ii was purchased by the owner (i.e. prior to core & shell upgrades) has a COMcheck value of approximately-119% compliance. Thus, the improvements to the space have increased the thermal performance by up to 118%. We propose 99% compliance be acceptable for converting Suite 120 into conditioned space.

To bring the thermal envelope of the suites into full compliance, we have taken every measure possible within reason. We believe 99% compliance meets the intent of the code.
The proposed thermal envelope upgrades to put the suites at 99% compliance are valued at $60,000. The alterations affecting the area of primary function are valued at $220,000. Therefore, the proposed upgrade costs already exceed 27 percent of the alteration costs.

We request you grant this appeal for these reasons:
• The proposed thermal envelope upgrades provide an extraordinary improvement in thermal performance from the space as purchased.
• To offset that deficiency, the proposed furred wall assembly and window replacements exceed the minimum prescriptive value.
• We propose to use HVAC equipment that exceeds the minimum code requirements.
• We propose to use LED light fixtures the exceed the minimum code requirements.
• The proposed upgrade costs exceed 27 percent of the alteration costs.

2014 OEESC 502.1

2014 OEESC 502.1 The building thermal envelope opaque assemblies shall meet the requirements of Table 502.1.1 and Section 502.2. Fenestration shall meet the requirements of Section 502.2. Values from tables shall be based on the climate zone specified in Chapter 3. Commercial buildings or portions of commercial buildings enclosing Group R occupancies shall use the R-values from the "Group R" column of Table 502.1.1. Commercial buildings or portions of commercial buildings enclosing occupancies other than Group R shall use the R-values from the "All other" column of Table 502.1.1. Buildings with a vertical fenestration area or skylight area that exceeds that allowed in Table 502.3 shall comply with Section 502.1.3, Simplified Trade-off Approach or Section 506.1, Whole Building Approach.

Suite 122. - Seeking approval for energy code envelope upgrades that improve the performance of the building but do not meet 100% of the code requirements.

This appeal pertains to a tenant improvement in the Iron Fireman Collective located in the Brooklyn neighborhood at the corner of SE 17th and Schiller, built in 1925. This building was originally a single tenant manufacturing and warehousing user. Core and shell work commenced in January 2016 and was completed in early 2019, converting the building into a multi-tenant industrial design and production use. The building is partially conditioned. Proposed work under the permit includes demising existing vacant Suite 120 area of the building for future tenants (Suite 122 is not yet leased) and converting the demised tenant suite to conditioned space. Current conditioning in the area is partially unpermitted,
thus adding heating and cooling requires compliance with OEESC Section 101.4.3 (change in space conditioning). Therefore, the thermal envelope of Suite 122 is to be upgraded.

Using Simplified Trade-off approach, OEESC Section 502.1.3, the following improvements are proposed:
• Replace existing single pane glazed, steel windows in the roof monitors with high performance vinyl windows (U- 0.27, SHGC-0.33).
• Provide metal stud furring with batt insulation on the existing concrete demising walls and bait insulation in the new metal stud demising walls (R-21).
• Provide insulated doors and windows where occurs in the scope of work.

The following improvements were made during the core & shell permit (16-141368-CO):
• Provided insulation at roof. R-28.5 bait insulation at open joists. R-22.5 bait insulation at roof monitor ceilings. R- 13 bait insulation at roof monitor side walls.
After a COMcheck, we have found the space to be -94% in compliance. For comparison, the building as-is from when it was purchased by the owner (i.e. prior to core & shell upgrades) has a COMcheck value of approximately-179% compliance. Thus, the improvements to the space have increased the thermal performance by up to 85%. We propose 94% compliance be acceptable for converting Suite 122 into conditioned space.

To bring the thermal envelope of the suites into full compliance, the cost of the envelope upgrade becomes disproportionate to the cost of the alteration. For comparison, we look to OSSC Section 3411 (Accessibility for Existing Buildings). Requirements for accessibility upgrades address this issue of disproportionate expenditure. The following excerpts OSSC Section 3411 discuss this topic:
• ORS 447.241(2): Alterations to the path of travel to an altered area may be deemed disproportionate to the overall alteration when the cost exceeds 25 percent of the alteration to the primary area.
• ORS 447.214(3) If the cost of alterations to make the paths of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the paths of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs.
• OSSO 3411.7, Exception--#1: The cost of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function.

The proposed thermal envelope upgrades to put the suites at 94% compliance are valued at $33,000. The alterations affecting the area of primary function are valued at $80,000. Therefore, the proposed upgrade costs already exceed 41 percent of the alteration costs.

We request you grant this appeal for these reasons:
• The proposed thermal envelope upgrades provide an extraordinary improvement in thermal performance from the space as purchased.
• To offset the deficiency, the proposed furred wall assembly and window replacements exceed the minimum prescriptive value.
• We propose to use HVAC equipment that exceeds the minimum code requirements.
• We propose to use LED light fixtures the exceed the minimum code requirements.
• The proposed upgrade costs exceed 41 percent of the alteration costs.

2014 OEESC 502.1.

2014 OEESC 502.1. The building thermal envelope opaque assemblies shall meet the requirements of Table 502.1.1 and Section 502.2. Fenestration shall meet the requirements of Section 502.2. Values from tables shall be based on the climate zone specified in Chapter 3. Commercial buildings or portions of commercial buildings enclosing Group R occupancies shall use the R-values from the "Group R" column of Table 502.1.1. Commercial buildings or portions of commercial buildings enclosing occupancies other than Group R shall use the R-values from the "All other" column of Table 502.1.1. Buildings with a vertical fenestration area or skylight area that exceeds that allowed in Table 502.3 shall comply with Section 502.1.3, Simplified Trade-off Approach or Section 506.1, Whole Building Approach.

Suite 124. Seeking approval for energy code envelope upgrades that improve the performance of the building but do not meet 100% of the code requirements.

This appeal pertains to a tenant improvement in the Iron Fireman Collective located in the Brooklyn neighborhood at the corner of SE 17th and Schiller, built in 1925. This building was originally a single tenant manufacturing and warehousing user. Core and shell work commenced in January 2016 and was completed in early 2019, converting the building into a multi-tenant industrial design and production use. The building is partially conditioned.
Proposed work under the permit includes demising existing vacant Suite 120 area of the building for future tenants (Suite 124 is not yet leased) and converting the demised tenant suite to conditioned space. Current conditioning in the area is partially unpermitted, thus adding heating and cooling requires compliance with OEESC Section 101.4.3 (change in space conditioning). Therefore, the thermal envelope of Suite 124 is to be upgraded.

Using Simplified Trade-off approach, OEESC Section 502.1.3, the following improvements are proposed:
• Replace existing single pane glazed, steel windows in the roof monitors with high performance vinyl windows (U- 0.27, SHGC-0.33).
• Provide batt insulation in the new metal stud demising walls (R-21).
• Provide insulated doors and windows where occurs in the scope of work.

The following improvements were made during the core & shell permit (16-141368-CO):
• Provided insulation at roof. R-28.5 batt insulation at open joists. R-22.5 batt insulation at roof monitor ceilings. R- 13 batt insulation at roof monitor side walls.
After a COMcheck, we have found the space to be -95% in compliance. For comparison, the building as-is from when it was purchased by the owner (i.e. prior to core & shell upgrades) has a COMcheck value of approximately-186% compliance. Thus, the improvements to the space have increased the thermal performance by up to 91%. We propose 95% compliance be acceptable for converting Suite 124 into conditioned space.

To bring the thermal envelope of the suites into full compliance, the cost of the envelope upgrade becomes disproportionate to the cost of the alteration. For comparison, we look to OSSC Section 3411 (Accessibility for Existing Buildings). Requirements for accessibility upgrades address this issue of disproportionate expenditure. The following excerpts OSSC Section 3411 discuss this topic:
• ORS 447.241(2): Alterations to the path of travel to an altered area may be deemed disproportionate to the overall alteration when the cost exceeds 25 percent of the alteration to the primary area.
• ORS 447.214(3) If the cost of alterations to make the paths of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the paths of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs.
• OSSO 3411.7, Exception--#1: The cost of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function.

The proposed thermal envelope upgrades to put the suites at 95% compliance are valued at $33,000. The alterations affecting the area of primary function are valued at $80,000. Therefore, the proposed upgrade costs already exceed 41 percent of the alteration costs.

We request you grant this appeal for these reasons:
• The proposed thermal envelope upgrades provide an extraordinary improvement in thermal performance from the space as purchased.
• To offset the deficiency, the proposed furred wall assembly and window replacements exceed the minimum prescriptive
value.
• We propose to use HVAC equipment that exceeds the minimum code requirements.
• We propose to use LED light fixtures the exceed the minimum code requirements.
• The proposed upgrade costs exceed 41 percent of the alteration costs.