Appeal 27710

Appeal Summary

Status: Decision Rendered

Appeal ID: 27710

Submission Date: 4/19/22 6:17 PM

Hearing Date: 4/27/22

Case #: B-012

Appeal Type: Building

Project Type: commercial

Building/Business Name: Beacon Village at Bridgeport United Church of Christ

Appeal Involves: Alteration of an existing structure

Proposed use: Day Center

Project Address: 621 NE 76th Ave

Appellant Name: Sermin Yesilada

LUR or Permit Application #: Permit 22-119263-CO

Stories: 2 Occupancy: A-3, B Construction Type: V-B

Fire Sprinklers: No

Plans Examiner/Inspector: Guy Altman

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]   [File 4]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

Table 2902.1

Requires

2902.1.1 Fixture Calculations. To determine the occupant load of each sex, the total occupant load shall be divided in half. To determine the required number of fixtures, the fixture ratio or ratios of each fixture type shall be applied to the occupant load of each sex in accordance with Table 2901.1. Fractional numbers resulting from applying the fixture ratios of Table 2902.1 shall be rounded up to the next whole number. For calculations involving multiple occupancies, such fractional numbers for each occupancy shall first be summed then rounded up to the next whole number.
Exception: The total occupant load shall not be required to be divided in half where approved statistical data indicate a distribution of sexes other than 50 percent of each sex.

Chapter 10 total occupant load: 349
A-3: 297
B: 38
S-1: 3
R-2: 11

For A-3, B, and S occupancies, a total of 5 toilet fixtures and 4 lavatories would be required per Exhibit B (1.77 wc men + 2.76 wc women + 1.24 lav men + 1.24 lav women.) Project provides (2) toilet fixtures and (2) lavatories that are accessible from common corridors and stairs that are ADA compliant, and (2) toilets and (1) lavatory that is accessible from common corridors and stairs that is not ADA compliant.

For the R-2 occupancy, a total of 2 toilet fixtures, 2 lavatories, and 2 showers would be required per Exhibit B. Project provides 2 portable toilets, 1 portable handwashing station, and 1 shower facility outdoors within the outdoor shelter.

Code Modification or Alternate Requested

Request to reduce the number of toilets/urinals from 6 existing to 4 toilets, reduce the number of required lavatories from 4 to 3, and provide non-gender classified restrooms for individual use for A-3, B, S-1, and R-2 occupancy.

Proposed Design

The proposed design for the existing building will provide two total individual non-gender specific restrooms with one toilet and one lavatory each, and one shower in the basement non-gender specific restroom. Both are ADA compliant. The proposed design also will provide 1 gender specific Women's restroom with two toilets, one lavatory, and one shower.

The number of plumbing fixtures in the provided design were calculated based on two scenarios. The Day Center is closed during church services on Sunday.

Scenario 1, Exhibit C, is based on Sunday church service open and the Day Center closed. The number of plumbing fixtures was calculated based on the occupancy loads for the church assembly areas (A-3), church offices (B), and storage (S-1). The areas simultaneously occupied or not normally occupied by the users with other building uses are excluded from the total building occupant load (corridors, meeting rooms, libraries, break rooms, kitchens, community rooms, and media rooms.

Total Occupants: 174
A-3: 168
B: 4
S-1: 2
For A-3, B, and S-1 occupancies, a total of 3 toilet fixtures and 2 lavatories would be required per Exhibit C (.65 wc mens + 1.21 wc womens + .56 lavatories.)

Scenario 2, Exhibit D, is based on normal Day Center operations Monday-Saturday. The number of plumbing fixtures was calculated based on the occupancy loads for the church offices, day center consult rooms for clients (B,) lounge/dining (A-3,) storage (S-1,) and outdoor shelter sleeping pods (R-2.) The areas simultaneously occupied or not normally occupied by the users with other building uses are excluded from the total building occupant load (corridors, restrooms, kitchen, break room, library, and church assembly areas.)

Total Occupants: 146
A-3: 127
B: 6
S-1: 3
R-2: 10
For A-3, B, S-1, and R-2 occupancies, a total of 4 toilet fixtures, 2 lavatories, and 2 showers would be required per Exhibit C (1.06 wc mens + 1.49 wc womens + .92 lavatories + 1.25 showers.)

Reason for alternative

The building is an existing building with controlled access that provides office space for church staff, worship and community space for church services, and a day center for the residents of the outdoor shelter in the church parking lot. The Day Center is closed to shelter residents during Sunday church services. There are no worship services during Day Center operations Monday-Saturday.

The building has three existing restrooms. One restroom on the 1st floor is ADA compliant and is a single user unisex restroom with 1 toilet and 1 lavatory. The basement existing restrooms are gender separated with two toilets and one lavatory each. The men's restroom has an additional urinal. The existing basement restroom facilities are not ADA compliant. It is technically infeasible to make the existing women's restroom ADA compliant due to the location of existing walls making the parallel approach to the restroom entrance door not ADA compliant. While the outdoor shelter provides a mobile wash pod for showering, the church and shelter operator wish to provide additional showers for residents and upgrade one of the bathrooms to be ADA compliant. The project proposal alters the existing men's restroom into a unisex ADA compliant single user restroom and shower room. This results in the removal of 1 urinal and 1 toilet from the total number of fixtures.
Per Table 2902.1, (7) water closets, (4) lavatories, and (2) showers meet the code requirements when gender is not considered. The Day Center exclusively serves the outdoor shelter residents, and the Day Center is closed during Sunday Church Services. Since the church worship and Day Shelter uses do not overlap and the building is access controlled, the alternative methods show that the provided (4) water closets, (3) lavatories, and (2) showers meet the code requirements when gender is not considered.

Appeal Decision

Reduction in the minimum number of required plumbing fixtures: Granted as proposed.

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.