Appeal 32365

OSSC Section 3404.1

City Code Guide OSSC/16/#2, Sept 16, 2016 (AASHTO HS-20/HS-25): explicitly prohibits the use of height limiters.

OSSC Section 3404.1 allows that “the building may be reconstructed as it existed prior to the damage”, provided it is not deemed dangerous.

Allow the continued use of a height limiter apparatus to prevent heavy trucks from accessing the existing wooden parking deck.

Remove the existing height limiter, which is not immovable (it pivots).

Replace the height limiter with a new, immovable limiter which spans the full length of the deck access (proposed concept uploaded.)

Final design of the height limiter and repairs to the wooden parking platform to be approved as part of the permit / plan check process; shall be designed and evaluated in the context allowed by Section 3404.1, which is the original loading criteria stated on the original construction documents and the fact that an existing height limiter is present and was permissible in 1996.

RECONSIDERATION TEXT

Speaking with Mr. Jeff Gauba, Sr. Building Inspector, following the denial of our initial appeal, he relayed to us the following information regarding the “dangerous” designation as it was discussed in the initial appeal consideration:

Although a height limiter is present on the site at the approach to the parking deck, the limiter did not serve its purpose* in the case of the garbage truck. This causes an unsafe condition because the truck *did* get onto the deck and proved that the deck is not capable of supporting the heavy load. The unsafe condition is the fact that a heavy truck *can access the platform and it is not designed to support such loading.

A follow-up conversation with Mr. Amit Kumar, Department Head for Structural Engineering, provided the additional clarity (excerpts here, full email attached in file upload):

…unless it can be shown that the stress in existing members using current loading requirements (i.e heavy truck loading as defined in City Code Guide OSSC/16/#2, Sept 16, 2016 (AASHTO HS-20/HS-25 as access by such vehicles is not restricted)) do not exceed the limits noted above, the structure would be considered unsafe and/or dangerous both by City Code and OSSC Chapter 34 and would have to be upgraded to meet the loading requirements in the Code guide…

…the trigger for requiring the design to meet the loading requirements from the Code guide is due to the accessibility of the deck to such loading and the unsafe/dangerous situation based on Chapter 34 of the OSSC and City of Portland, Title 24, section 24.15.060 (A).

Mr. Gauba reported to us that in the general discussions within the appeal hearing, the board members appeared to be willing to consider a solution which would prevent heavy trucks from gaining access to the parking deck.
We believe that we have a reasonable proposal to address keeping heavy trucks off the existing platform by replacing the existing limiter (which is not fixed and can be pivoted to an open position) with a height limiter which runs the length of the entire wooden parking deck. A conceptual sketch of our thoughts on the possible design for the new limiter is attached.

We also spoke with Mr. Jeff Galvan, Senior Fire Inspector. He indicated to us that due to the nature of the existing conditions (the narrow and serpentine nature of SW Woods Street to a dead-end condition) the Fire Department response to an event at the site will be no different if the deck is repaired or fully replaced…fire crews will still need to walk to the site.

We believe the proposed revision to the height limiter will also provide an advantage for life-safety-related activities at and near the site. The private driveway is at grade and no part of it is on the elevated parking platform. The previous height limiter, when closed, prevents vehicles such as ambulances from directly accessing the four residential lots that share the private driveway. The proposed revision will allow access to these lots but not to the parking deck.

In addition to the height limiter, we will post weight-restriction signage at the approach to the platform. (Although it is indicated in the 1996 design documents, there is no such signage present today.)

In conclusion, OSSC Section 3404.1 allows that “the building may be reconstructed as it existed prior to the damage”, provided it is not deemed dangerous. The replacement of the existing height limiter with one that is immoveable will remove the dangerous condition which is created by the current height limiter which pivots. Although not allowed today by City Code Guide OSSC/16/#2, Sept 16, 2016 (AASHTO HS-20/HS-25), the use of a height limiter was allowed in 1996 as demonstrated in the permit documents BLD96-00831 (uploaded for reference.) As such, the continued use of a height limiter is allowed by OSSC Section 3404.1 when it removes the dangerous condition.