Appeal 28278

OSSC 302.1 Occupancy Classification

ITEM #1

Regulation Requirement:

OSSC 302.1 Occupancy Classification

Occupancy classification is the formal designation of the primary purpose of the building, structure or portion thereof. Structures shall be classified into one or more of the occupancy groups listed in this section based on the nature of the hazards and risks to building occupants generally associated with the intended purpose of the building or structure. An area, room or space that is intended to be occupied at different times for different purposes shall comply with all applicable requirements associated with such potential multipurpose. Structures containing multiple occupancy groups shall comply with Section 508. Where a structure is proposed for a purpose that is not specifically listed in this section, such structure shall be classified in the occupancy it most nearly resembles based on the fire safety and relative hazard. Occupied roofs shall be classified in the group that the occupancy most nearly resembles, according to the fire safety and relative hazard, and shall comply with Section 503.1.4.

1. Assembly (see Section 303): Groups A-1, A-2, A-3, A-4 and A-5.
2. Business (see Section 304): Group B.
3. Educational (see Section 305): Group E.
4. Factory and Industrial (see Section 306): Groups F-1 and F-2.
5. High Hazard (see Section 307): Groups H-1, H-2, H-3, H-4 and H-5.
6. Institutional (see Section 308): Groups I-1, I-2, I-3 and I-4.
7. Mercantile (see Section 309): Group M.
8. Residential (see Section 310): Groups R-1, R-2, R-3 and R-4.
9. Storage (see Section 311): Groups S-1, S-2 and S-3.
10. Utility and Miscellaneous (see Section 312): Group U.

1.A. Request special determination of Occupancy Classification for ‘Public Park Picnic Shelters.’ We propose a Group U occupancy classification for all individual free standing, open sided, covered structures less than 1,200 sf.

Picnic Shelter occupied covered floor area is 1,014 sf (each), free standing, at grade, open sided, four steel column supported steel roof structure with metal roof. Each picnic shelter includes four (4) standard park picnic tables affixed to a concrete slab connected to an accessible walkway. Two (2) picnic shelters are proposed for this public park. Structure is designed to meet structural code requirements for wind, snow and seismic conditions. Reference Dwg Sheets A0.01, A1.01, A2.02, A2.03., A2.04, A3.01, A4.01 and A8.01.

There is no specific or any similar group classification for a wide range of small public park related covered facilities to include small picnic shelters, gazebos, trellises, shade structures which are free standing, open sided, generally less than 30’ x 40’ (equivalent to 1,200 sf) structures.

Such structures at grade, free standing, without walls, windows, doors and fire ignition sources and not immediately adjacent to other structures present a low risk for fire, life safety and health. Typically, emergency exiting can occur out of all sides. Actual public use is intermittent, transitory, variable in frequency and duration, generally non-simultaneous in nature and occurring principally during daylight hours. Lighting is provided for CPTED security requirements. Note, per City Code, all public parks are non-smoking, and PP&R does not typically provide any facilities for grills, barbeque or other open fire features, and have specific open hours for use. In addition, any special event, gathering or other similar use requires a Special Use Permit pursuant to City Code issued by PP&R that prescribes certain other safety, restroom, parking and other life, health, safety measures.

PP&R believes that small picnic shelters, less than 1,200sf (75 sf occ) most closely fits in Utility and Miscellaneous Group U classification that includes certain like kind uses such as: ‘Private Parking Garages, Sheds, Carports, Barns and Livestock Shelters.’ We do not believe small picnic shelters fits with the Assembly Group A-3 occupancy, nor do we believe it fits within OSSC 303.1.2 assembly with an occupant load less than 50 persons, which defaults to a Group B occupancy.

Note, PP&R does not have any issues with larger open sided, covered structures similar to the Pavilion to be considered a Group A-3 occupancy.

OSSC 1004.5 Areas Without Fixed Seating

ITEM #2

Regulation Requirement:

OSSC 1004.5 Areas Without Fixed Seating

The number of occupants shall be computed at the rate of one occupant per unit of area as prescribed in Table 1004.5. For areas without fixed seating, the occupant load shall be not less than that number determined by dividing the floor area under consideration by the occupant load factor assigned to the function of the space as set forth in Table 1004.5. Where an intended function is not listed in Table 1004.5, the building official shall establish a function based on a listed function that most nearly resembles the intended function.

Exception: Where approved by the building official, the actual number of occupants for whom each occupied space, floor or building is designed, although less than those determined by calculation, shall be permitted to be used in the determination of the design occupant load.

TABLE 1004.5
MAXIMUM FLOOR AREA ALLOWANCES PER OCCUPANT

FUNCTION OF SPACE OCCUPANT LOAD FACTORa

Accessory storage areas, mechanical equipment room 300 gross
Agricultural building 300 gross
Aircraft hangars 500 gross
Airport terminal Baggage claim 20 gross
Baggage handling 300 gross
Concourse 100 gross
Waiting areas 15 gross
Assembly Gaming floors (keno, slots, etc.) 11 gross
Exhibit gallery and museum 30 net
Assembly with fixed seats See Section 1004.6
Assembly without fixed seats
Concentrated (chairs only—not fixed) 7 net
Standing space 5 net
Unconcentrated (tables and chairs) 15 net
Bowling centers, allow 5 persons for each lane including 15 feet of runway, and for additional areas
7 net
Business areas 150 gross
Concentrated business use areas See Section 1004.8
Courtrooms—other than fixed seating areas 40 net
Day care 35 net
Dormitories 50 gross
Educational Classroom area 20 net
Shops and other vocational room areas 50 net
Exercise rooms 50 gross
Group H-5 fabrication and manufacturing areas 200 gross
Industrial areas 100 gross
Institutional areas
Inpatient treatment areas 240 gross
Outpatient areas 100 gross
Sleeping areas 120 gross
Kitchens, commercial 200 gross
Library Reading rooms 50 net
Stack area 100 gross
Locker rooms 50 gross
Mall buildings—covered and open See Section 402.8.2
Mercantile 60 gross
Storage, stock, shipping areas 300 gross
Parking garages 200 gross
Residential 200 gross
Skating rinks, swimming pools
Rink and pool 50 gross
Decks 15 gross
Stages and platforms 15 net
Warehouses 500 gross

1. A Request special determination of Number of Occupants for both Pavilion (3,603 sf) and Picnic Shelter (1,014 sf each) functions. PP&R proposes the following equivalent functions:

Pavilion = Similar use to ‘Industrial, Stack Area or Concourse’ with 100 occupant load factor. This mostly closely fits that actual estimated use of ~36 persons anticipated for this type of public facility consisting of ½ basketball court used for small pick-up games and other types of uses.

Picnic Shelters = Fixed special occupancy per Appeal Item 1 above – 4/persons/picnic table = 16 persons/picnic shelter (75 occ load factor).

Pavilion is 3,603 sf and two Picnic Shelters are 1,014sf each. They are all free standing, at grade, open sided, four steel column supported steel roof structure with metal roof and concrete slab connected to an accessible walkway. Structures are designed to meet structural code requirements for wind, snow and seismic conditions. Reference Dwg Sheets A0.01, A1.01, A2.02, A2.03. A3.01, A4.01 and A8.01.

The Pavilion will be striped as a ½ basketball court and may be used for other uses. Picnic Shelters will have four (4) standard park picnic tables affixed to the concrete floor.

There is no outright specific or very closely related function of the space in the code for any type of Park Structures to include Pavilion or Picnic Shelters. Number of occupants are very difficult to accurately prescribe as these are ‘open to the public spaces’ and use is intermittent, transitory, variable in frequency and duration, generally non-simultaneous in nature, occurring principally during daylight hours. The Pavilion has no fixed seating. Picnic Shelters with fixed picnic tables are by default a prescribed use.

We have struggled to find the appropriate and reasonable code function comparison, especially for the Pavilion which is by design a flexible public use space. Will informal exercise groups use the space? Maybe, however we would not anticipate having 72 persons attend (aka 50 occ load factor) except under Special Use Permit. Is it like a rink or pool? No, those are far more concentrated loads for those types of facilities based on PP&R’s many open pools in operation (aka 50 occ load factor). Even a concourse or industrial type functions (100 occ load factor) may be higher than actual typical park Pavilion use.

Based on PP&R standards for siting picnic shelters, we use a prescriptive average occupant load of 4 persons/picnic table. For this project each shelter contains 4 tables = 16 fixed occupant load (~65 occupant load factor equivalent). Picnic shelters come in many sizes and configurations; we consider them small up to 1,200 sf (75 occ load factor).

Any special event, gathering or other similar use requires a Parks Special Use Permit pursuant to City Code 20.08.010 which includes PP&R and PF&R occupancy review. The Special Use Permit prescribes certain safety, restroom, parking and other life, health, safety measures required for any special uses or events. This includes small/large picnics, weddings and public events.

OSSC 2902.1 Minimum Number of Fixtures

ITEM #3

Regulation Requirement:

OSSC 2902.1 Minimum Number of Fixtures

Plumbing fixtures shall be provided in the minimum number as shown in Table 2902.1 based on the actual use of the building or space. Uses not specifically listed in Table 2902.1 shall be considered individually by the building official and shall reflect the use of the space being served by the fixtures. The number of occupants shall be determined by this code.

(Please refer to TABLE 2902.1 - MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES in the attached pdf Appeal Form, as we are unable to paste in the table from the code in a legible manner into this form field.)

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 for each fixture type shall be applied to the occupant load of each sex in accordance with Table 2902.1. 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 and then rounded up to the next whole number.

3.A. Request special determination of Use Classification related to Park Public Pavilions and Picnic Shelters to determine number of fixtures set forth in OSSC Table 2902.1. PP&R proposes the following equivalent fixtures:

Pavilion = Assembly – special park use determination Men 1 per 100 water closet and Women 1 per 100 water closet. Drinking fountains 1 available located within 500ft – may be combined with other park structures/uses.

Picnic Shelters = Assembly – special park use determination Men 1 per 100 water closet and Women 1 per 100 water closet. Drinking fountains 1 available located within 500ft – may be combined with other park structures/uses.

3.B. Request special determination to waive individual sex ratios related to Park Public Pavilions and Picnic Shelters as set forth in OSSC Table 2902.1. PP&R, consistent with City Resolution #37175 and BGS Policy ADM 13.03, intends to deploy single-occupant ‘all-user’ toilets.

3.C. Request special determination to allow Portable Toilets to count toward required toilet (water closet) fixtures. PP&R, consistent with City Resolution and PP&R Siting Guidelines, recommends allowing Portable Toilets to count toward required toilet (water closet) fixtures. Reference similar prior approved BDS appeal #5243 (granted).

3.D. Request special determination to waive Lavatory (sinks) for Portable Toilets. All portable toilets will have hand sanitizer dispensers. Consistent with PP&R Siting Guidelines, PP&R does not deploy portable toilets with any attached or stand-alone water lavatories (sinks).

Note: Related to this is action is Appeal Item #04 OSSC 2902.2. Separate Facilities, OSSC 2902.3.1 Access and OSSC 2902.3.3 Location of Toilet Facilities in Occupancies Other Than Malls.

In review of original park design submitted for BDS Permit, Parks Senior Management has directed staff to make changes and incorporate additional permanent and temporary toilet facilities based on PP&R Restroom Siting Criteria, copy attached. Reference Updated Plan View Restroom Location Drawing and 500ft Activity Use Zones. Summary follows:

Original Design:
1x Single Stall Loo (existing South)
1x Single Stall Loo (new East)
1x Portable Toilet Enclosure (new North)
3 TOTAL

Revised Design:
1x Single Stall Loo (existing South)
1x Single Stall Loo (new East)
1x Single Stall Loo (new West)
1x Portable Toilet Enclosure (new North)
1x Portable Toilet Enclosure (new South)
5 TOTAL

Note: The Portable Toilet Enclosure is a very sturdy, slab on grade, vandal resistant, 3 sided, 7’ tall, heavy steel slat structure design to hold a portable toilet in place and provide some visual attractiveness. Deployment of these over the past few years has significantly deterred overtipping and vandalism. In addition, adjacent to each of the Portable Toilet Enclosures (new North and new South) will be a concrete pad with stanchion to secure 2x each additional portable toilets at each location to accommodate any Special Use Permit activities.

Water Closet (Toilet) Fixture Summary Based on Revised Design

Assume appeal approval 2.A. Occupancy: Pavilion = 36 occ + 2x Shelters (32 occ) = 68 Total Occupants.
Assume appeal approval 3.A.- 3.D. Plumbing Fixtures: Total Occ 68/2 = 34 ea M + F = Total of 2 Water Closets (Toilets).
Assume appeal approval 4.A. – 4.C Distribution by Sex, Open at All Times, Distance = Revised Design Meets Code.

Sufficient permanent water closets (toilets) are provided by 1x Single Stall Loo (new West) and 1x Single Stall Loo (existing South) augmented by 1x Portable Toilet Enclosure (new North) and 1x Portable Toilet Enclosure (new South).

First, due to availability of gravity City main sewers and tie-in depths, it is technically not feasible to run any connections north to SE 155th Ave. The result is no restrooms may be located in the northern 1/3 of the site (aka close to the Pavilion or Shelters). PP&R, per Siting Guidelines, does not deploy sewer lifts stations. The 2/3 southern portion of the site can be gravity connected to City sewer mains on SE Main St and SE Millmain Drive.

Next, there is no outright specific or related use set forth in the code for any type of Park Structures to include Pavilion or Picnic Shelters. The Assembly Classification of ‘Stadiums, amusement parks bleachers and grandstands for outdoor sporting events and activities’ really does not fit well, as these types of facilities have far more concentrated use than Park structures. Note all the OSSC classifications are generally private regulated spaces and activities, not open public park activities and restrooms.

Most importantly, PP&R considers the entire park and related activity areas (beyond just structures that fall within OSCC permit requirements) to determine the adequacy, availability and size of public restrooms, as well as drinking fountains. As set forth in PP&R Restroom Siting Guidelines, there are a wide number of factors to consider: use nodes, size, parking areas, location, etc. Factors are then carefully balanced to achieve optimum public experience, safety and maintenance costs. We believe that 5 toilet stalls (combination of permanent and temporary) are adequate to serve the entire park. Reference PP&R Restroom Siting Guidelines.

Providing portable toilets are an integral strategy by PP&R to provide some basic toilet facilities in parks. One of the largest ongoing park costs is maintenance of permanent restroom facilities due mostly to vandalism, graffiti, camping and other nefarious activities. In addition, the daily cleaning and daily locking and unlocking is a costly expense. We have tried nearly every type of structure - block, wood, steel, prefabricated, etc. The only permanent structure to date that helps minimize these issues is The Portland Loo. We, therefore, deploy portable toilets with a new steel enclosure to help prevent vandalism and tipping to help either augment and/or in certain cases provide the only means of sanitation. Please reference approved Appeal #5243 by which a large PP&R pavilion was constructed with no permanent restroom facilities and only temporary toilets are deployed.

Gender usage at park public toilets. Based on observational data over many years, we have not seen any demonstrable difference in gender turn-over at Park all-user restrooms. No question, visitors with children, elderly, special needs, etc. may take longer, however this does not represent the typical public user, nor is it gender specific. We believe a comparable ratio of 100/male and 100/female is reasonable.

Providing lavatories (sinks) stand alone or attached with Parks Portable Toilets has been a huge challenge of mostly vandalism, misuse and abuse. All portable toilets have equivalent hand sanitizer dispensers. Except for special events, PP&R does not provide sinks with portable toilets. We request an exemption. Note all Portland Loos come with external hand cleaning nozzle consistent with the City PWB Standard design criteria established for the Portland Loo.

OSSC 2902.2 Separate Facilities & 2902.3 Employee and Public Toilet Facilities

ITEM # 4

Regulation Requirement:

2902.2 Separate Facilities

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

Exceptions:

1. Separate facilities shall not be required for dwelling units and sleeping units.
2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 30 or fewer. One single-user toilet room shall be permitted.
3. Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer.
4. Separate facilities shall not be required in business occupancies in which the maximum occupant load, including both employees and customers, is 50 or fewer. One single-user toilet room shall be permitted.
5. Separate facilities shall not be required where the operational needs of a facility necessitate other approved configurations.

2902.3.1 Access

The route to the public toilet facilities required by Section 2902.3 shall not pass through kitchens, storage rooms or closets. Access to the required facilities shall be from within the building or from the exterior of the building. Routes shall comply with the accessibility requirements of this code. The public shall have access to the required toilet facilities at all times that the building is occupied.

2902.3.3 Location of Toilet Facilities in Occupancies Other Than Malls

In occupancies other than covered and open mall buildings, the required public and employee toilet facilities shall be located not more than one story above or below the space required to be provided with toilet facilities, and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m).

Exceptions:

1. In Group B (other than restaurants and dining facilities), F, H, M and S occupancies, toilet facilities may be located in an adjacent building on the same property. The path of travel to such facilities shall not exceed a distance of 300 feet (91 440 mm) and shall be on an accessible route complying with Chapter 11.
2. The location and maximum distances of travel to required employee facilities in factory and industrial occupancies are permitted to exceed that required by this section, provided that the location and maximum distance of travel are approved.

4.A. Request special determination on single sex separate facilties. PP&R recomends ‘all-gender’ single-occupant facilities, as they are considered more inclusive and are directed to be used by PP&R’s Commissioner-in-Charge and consistent with City Resolution #37175 and BGS Policy ADM 13.03 .

4.B. Request special determination on access to public restrooms shall be provided at all times the building is occupied. PP&R recomends flexibility to allow closing of all/partial permanent restrooms, remove temporary toilets and/or provide reduced number of temporary toilets, based on time of day (aka open to the public) use, season and other management requirements.

4.C. Request special determination on distance to toilets for Pavilion and/or Picnic Shelter facilities if determined to be Group B occupancies. PP&R recommends 1,000’ maximum distance to either permanent and/or temporary toilets from the structure.

Reference Updated Plan View Restroom Location Drawing and Radius Activity Use Zones Drawing. Summary follows:

Pavilion Served by:
1x Single Stall Loo (new West) 232 ft away on accessible path
1x Single Stall Loo (existing South) 727 ft away on accessible path
1x Portable Toilet (new North) 145 ft away on accessible path
1x Portable Toilet (new South) 724 ft away on accessible path

North Shelter Served by:
1x Single Stall Loo (new West) 352 ft away on accessible path
1x Single Stall Loo (existing South) 847 ft away on accessible path
1x Portable Toilet (new North) 25 ft away on accessible path
1x Portable Toilet (new South) 844 ft away on accessible path

South Shelter Served by:
1x Single Stall Loo (new West) 112 ft away on accessible path
1x Single Stall Loo (existing South) 607 ft away on accessible path
1x Portable Toilet (new North) 265 ft away on accessible path
1x Portable Toilet (new South) 604 ft away on accessible path

Note: For the purposes of calculating restroom toilets for the Pavilion and Shelters, we did not include 1x Single Stall Loo (new East) as it is more than 1,000 ft away from the Pavilion on an accessible path.

Proposed permanent restroom is the Portland Loo. The Portland Loo is a proprietary design developed by PWB and owned by the City under specific license agreement to Madden Fabrication. Standard design was recently updated and intends to be submitted as a Deferred Submittal. This is an ‘all-gender’ single-occupant restroom with outdoor spray handwash. It is designed specifically for urban environments, offers reasonable safety and resistance to vandalism. More than 40 Loos are in operation in the City by Parks, PWB and PBOT.

Pursuant to City Policy, PP&R only provides ‘all-user’ gender neutral, single-occupant toilet facilities. Only in highly developed large community centers or aquatic centers do we consider deploying single sex toilet facilities in combination with all-gender facilities, due to the inclusiveness of all-gender facilities which have been directed to be used by City policy.

Permanent restrooms in Parks are generally closed/locked at night, may be closed seasonally or at other times based on management of the facility. Temporary toilets generally stay open due to vandalism issues with locking, may be removed or reduced seasonally. All temporary toilets are under contract by outside vendors to deploy, stock and clean on a routine basis.

There are no prescribed maximum walkway distances to restrooms for Park structures in the OSSC or City code. The closest comparable guidelines are found in OR-OSHA OAR 437-004-1110 and Directive 097 with respect to portable toilets provided for farm workers or construction workers to be located within a 5-minute walk, not greater than ¼ mile (1,320ft). PP&R provides accessible walkways to the extent practicable to all permanent or temporary toilet facilities.

Based on Restroom Siting Guidelines, PP&R considers a wide variety of usage nodes, patterns, frequency, duration, etc. to determine best location of toilets. In general, we apply a 500ft radius from use nodes to determine a proximity to locality to ensure that reasonable coverage is provided. We try to limit maximum accessible walkway distances less than 1,000 ft to the extent practicable.