Appeal 32384

Appeal Summary

Status: Decision Rendered

Appeal ID: 32384

Submission Date: 7/2/24 11:11 AM

Hearing Date: 7/10/24

Case #: B-006

Appeal Type: Building

Project Type: commercial

Building/Business Name:

Appeal Involves: Erection of a new structure

Proposed use: Temporary Outdoor Shelter

Project Address: 333 SE 82nd Ave

Appellant Name: Michael Miller

LUR or Permit Application #: Permit 24-045243 -CO

Stories: 1 Occupancy: R and B Construction Type: 5-B

Fire Sprinklers: No

Plans Examiner/Inspector: David Bartley

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

OSSC 2902.1

Requires

The minimum number of showers to be provided in the use “Residential – Dormitories, fraternities, sororities and boarding houses” is 1 per 8 occupants. Count is based on “actual use” not just Chapter 10 occupant load.

Code Modification or Alternate Requested

Increase the ratio of required showers per occupant from 1:8 to 1:10

Proposed Design

The project proposes a ratio of 1 shower per 10 residents. Ratios as high as 1 shower per 13 residents have proven successful at mass shelters within the City of Portland operated by the County.

Sleeping pods = (29) at 64 sf each = 1,856 sf
1,856 sf / 50 sf/occupant = 38 occupants

With ratio of 1:8 (per Code requirement) - 4.75 showers required
With proposed ratio of 1:10 - 3.80 (round to 4) showers provided

Reason for alternative

Construction of unneeded showers represents a hardship on this community service project. The facility will be used as an outdoor shelter operated by a nonprofit organization contracted by the owner (Multnomah County). Shower use by shelter residents occurs over a longer period of the day than in a typical residential building where most people are preparing within the same few hours for the start of a traditional work day, so fewer showers are needed.

Appeal item 2

Code Section

OSSC 1109 2

Requires

1110.2 Toilet and bathing facilities: Each toilet or bathing room shall be accessible.

Exception 6 – Toilet rooms or bathing rooms designed for bariatric patients are not required to comply with the toilet room and bathing room requirement in ICC A117.1.

ICC A117.1-608.2.2.3 Seat – A folding seat complying with Section 610 shall be provided on an end wall.

Code Modification or Alternate Requested

Requested to interpret bathing rooms in this outdoor shelter as being designed for bariatric “patients”.

Proposed Design

Propose to provide showers without attached folding shower seats, and instead provide stand-alone, portable seats which are capable of supporting heavier patients and withstanding the harsh use of this congregate shelter environment.

Reason for alternative

Multnomah County has tried several manufactured shower stalls with heavy-duty fold-down seats, all with failures of the seats, resulting in injured residents and damaged shower stalls (see photos). Stand-alone, portable seats provide greater capacity and safety for users.

A study published by Public Health Reports in 2013 (Obesity Among Chronically Homeless Adults: Is It a Problem?) found that "The majority (57%) of chronically homeless adults were overweight or obese.”

Existing shelters designed with folding seats, even heavy-duty seats with high weight-capacity listings, have failed with safety and damage results. Portable free-standing seats provide a safer, more durable and better accommodation for congregate shelter residents.

Appeal item 3

Code Section

BDS Temporary Outdoor Shelters Program Guide

Requires

III.D.3 A building code appeal through the BDS is required for a shelter to continue operating for more than two years.

Code Modification or Alternate Requested

Allow outdoor shelter to continue for five years under the conditions of the Temporary Outdoor Shelters Program Guide.

Proposed Design

Extend the approval time frame for this Temporary Outdoor Shelter from two years to five years.

Sleeping spaces (‘pods’) will comply with the requirements of IV.A.2.b (having an electrical connection that provides a radiant heat source, smoke detector, light, light switch, and electrical outlet) allowing spacing between sleeping spaces to be reduced to six feet.

Reason for alternative

Construction of this sleeping pod village represents an investment of public resources. The County needs to maximize this investment by building an outdoor shelter for at least five years.

Appeal Decision

"1) Allow plumbing ratio of 1:10 for showers: Granted as proposed.
2) Allow portable seat in shower room in lieu of permanent seat installation for temporary shelter: Granted as proposed.
3) Outdoor shelter to continue operating until July 10, 2029: 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."