Appeal 31991
Appeal Summary
Status: Decision Rendered
Appeal ID: 31991
Submission Date: 11/15/23 2:47 PM
Hearing Date: 11/29/23
Case #: B-009
Appeal Type: Building
Project Type: Commercial
Building/Business Name: Jade Lofts
Appeal Involves: Erection of a new structure
Proposed use: Multi-use Residential
Project Address: 2470 SE 83RD AVE
Appellant Name: David Mullens
LUR or Permit Application #: Permit 23-019066-CO
Stories: 4 Occupancy: A Construction Type: V-A
Fire Sprinklers: Yes - NFP13A Thru out
Plans Examiner/Inspector: Maureen McAfferty
Plan Submitted Option: pdf [File 1] [File 2] [File 3] [File 4] [File 5] [File 6]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 2019 OSSC Section 721 |
|---|---|
| Requires | Table 721.1(2) 16-1.3 This assembly has 2” x 6” wood studs at 16” on center with R-19 mineral fiber insulation between an interior side layer of 5/8” Type X gypsum wallboard and an exterior side layer of 3/8” wood structural panels. The fire rating of this wall is established from the interior side only. |
| Code Modification or Alternate Requested | The modification to the above referenced assembly replaces the R-19 mineral fiber insulation with R-19 fiberglass batt insulation |
| Proposed Design | This proposed assembly has 2” x 6” wood studs at 16” on center with R-19 fiberglass insulation between an interior side layer of 5/8” Type X gypsum wallboard and an exterior side layer of 3/8” wood structural panels. The fire rating of this wall is established from the interior side only. This matches Assembly WS6-1.6 from the American Wood Council's Design for Code Acceptance (DCA) 3 - Fire-Resistance-Rated Wood-Frame Wall and Floor/Ceiling Assemblies. This assembly will be used at locations where assemblies J6 & M6 are called out as fire rating is required from the inside only at these locations. |
| Reason for alternative | The proposed assembly was submitted as a revision to the 2021 IBC and approved as submitted. This assembly will appear in the 2024 IBC as Item Number 16-1.4 on Table 721.1(2). As evidenced by Assembly WS6-1.6 from the American Wood Council's Design for Code Acceptance (DCA) 3, and acceptance by the ICC for inclusion in the next code cycle, this assembly provides equivalent protection for wall assemblies rated from the inside only. |
Appeal item 2
| Code Section | 2019 OSSC 2902.1, 2902.2, & 2902.3 |
|---|---|
| Requires | 2019 OSSC Table 2902.1 Residential - Apartment House – requires: Assembly – Auditoriums without permanent seating, art galleries, exhibition halls, museums, lecture halls, libraries, arcades, and gymnasiums – requires: Business – Buildings for the transaction of business, professional services, other services involving merchandise, office buildings, banks, light industrial, ambulatory care and similar uses – requires: Storage – Storage buildings with low and moderate hazard requires: 2019 OSSC 2902.2 2019 OSSC 2902.3 Exception 1 2019 OSSC 2902.3.3 |
| Code Modification or Alternate Requested | Reduction of the required plumbing fixtures at the ground floor from two unisex restrooms with separate facilities for each sex, to one unisex restroom used by any gender. |
| Proposed Design | Alternative: The proposed mixed-use building is four stories of Type V-A construction and contains the following occupancy groups: R-2, S-2, A-3, and B. A portion of the ground floor contains the B, and A-3 occupancy groups, while the basement level contains the S-2 occupancy groups. The total number of occupants at the ground floor and basement is 179. For each occupancy there are 77 occupants for A-3, 4 occupants for B, 36 occupants for R-2, and 61 occupants for S-2. The 33 occupants for the R-2 apartments, and the 2 R-2 egress court occupants have been excluded from the fixture count calculation as well as the 47 occupants for the S-2 parking garage as allowed per 2902.3 Exception 1. The total remaining occupants used for the plumbing fixture count calculation is 97 occupants. The proposed design would provide one unisex toilet room to serve the 97 occupants of any gender on the ground floor as allowed under the 2022 OSSC Table 2902.1, footnote (f). The occupants from the basement would not be required to travel more than one story up to access the toilet room on the ground floor and the travel distance does not exceed 500 feet of travel from any point of the basement. |
| Reason for alternative | The proposed building is currently being permitted under the 2019 OSSC which does not include footnote (f) under Table 2902.1. However, the areas of B, S-2, and A-3 occupancies in the proposed building meet the intent of the current 2022 OSSC Table 2902.1, footnote (f) which states the following: “Amenity spaces, leasing offices and storage spaces accessed only by the occupants of Group R-2 dwelling units and their guests, building leasing agents and their staff, or building maintenance personnel may be provided a single-user toilet room for up to the first 100 occupants.” The following spaces and their uses are located within the B, S2, and A-3 occupancy groups: |
Appeal item 3
| Code Section | 2019 OSSC 2902.1, 2902.2, & 2902.3 |
|---|---|
| Requires | 2019 OSSC Table 2902.1 Residential - Apartment House – requires: Assembly – Auditoriums without permanent seating, art galleries, exhibition halls, museums, lecture halls, libraries, arcades, and gymnasiums – requires: 2019 OSSC 2902.2 2019 OSSC 2902.3.3 |
| Code Modification or Alternate Requested | Reduction of the required plumbing fixtures at the Level 4 Amenity from three unisex restrooms with separate facilities for each sex, to two unisex restrooms used by any gender. |
| Proposed Design | Alternative: The proposed mixed-use building is four stories of Type V-A construction and contains the following occupancy groups: R-2, S-2, A-3, and B. The fourth floor contains an R-2 occupancy, an S-2 occupancy group, and 2 small assembly spaces with a B occupancy group that are accessory to the R-2. The roof level contains an occupied roof with an A-3 occupancy group. The total number of occupants on the fourth floor and occupied roof is 292. For each occupancy there are 119 occupants for A-3, 67 occupants for B, 103 occupants for R-2, and 3 occupants for S-2. The 103 occupants for the R-2 apartments, and the 3 occupants for the S-2 have been excluded from the fixture count calculation. The total remaining occupants used for the plumbing fixture count calculation is 186 The proposed design would provide one toilet room on the fourth floor to serve the first 100 occupants of any gender as allowed under 2022 OSSC Table 2902.1, footnote (f). The remaining 86 occupants would be served by a 2nd restroom for use by any gender for a total of 2 unisex restrooms. The total number required plumbing fixtures is calculated based on users of assembly spaces. The users from the occupied roof would not be required to travel down more than one story and the travel distance to the restroom on the story below would not exceed 500 feet. |
| Reason for alternative | The proposed building is currently being permitted under the 2019 OSSC which does not include footnote (f) under Table 2902.1. However, the areas of B, S-2, and A-3 occupancies in the proposed building meet the intent of the current 2022 OSSC Table 2902.1, footnote (f) which states the following: “Amenity spaces, leasing offices and storage spaces accessed only by the occupants of Group R-2 dwelling units and their guests, building leasing agents and their staff, or building maintenance personnel may be provided a single-user toilet room for up to the first 100 occupants.” The following spaces and their uses are located within the B, S2, and A-3 occupancy groups: |
Appeal Decision
1. Alternate to OSSC prescriptive 1-hour fire rated exterior wall assembly with use of R-19 fiberglass batt insulation in lieu of R-19 mineral fiber insulation per 2024 IBC 16-1.4 in Table 721.1(2): Granted as proposed.
2. Reduction of the required plumbing fixtures at the ground floor from two single user toilet rooms to one single user toilet room: Granted as proposed.
3. Reduction of the required plumbing fixtures at the Level 4 Amenity to two all user toilet rooms: 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) 823-6251 or come to the Development Services Center.