Appeal 32386
Appeal Summary
Status: Decision Rendered - OVER 32328 (6/12/24) FOR MORE INFO.
Appeal ID: 32386
Submission Date: 7/3/24 2:48 PM
Hearing Date: 7/10/24
Case #: B-007
Appeal Type: Building
Project Type: commercial
Building/Business Name: Maitripa College / Tara School
Appeal Involves: Reconsideration of appeal,occ Change from B to E
Proposed use: Daycare within existing College
Project Address: 1632 SE 11th Ave
Appellant Name: Nate Ember
LUR or Permit Application #: Permit 24-013420-CO
Stories: 2 Occupancy: B, E Construction Type: VB
Fire Sprinklers: Yes - full NFPA 13
Plans Examiner/Inspector: Chanel Horn
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | Title 24.85.040 (table 24.85A) |
|---|---|
| Requires | The [following] table shall be used to classify the relative hazard of all building occupancies. |
| Code Modification or Alternate Requested | Requesting the use of the occupancy calculations as of the year 2005 when the building was fully retrofitted to meet the 2004 Oregon Structural Specialty Code as the baseline in lieu of October 1, 2004 when determining seismic upgrade triggers per Title 24.85.040 |
| Proposed Design | The existing building is a 1951 two-story, wood and concrete shear wall building which received a full seismic upgrade in 2005 in accordance with the 2003 International Building code and 2004 Oregon Structural Specialty Code. This seismic upgrade was triggered by Change of Occupancy requirements of Title 24.85 in 2005, due to a change in occupancy of over 1/3 the floor area and an increase in occupant load count of over 149. The proposal is to change occupancy of the building in some areas from B to E occupancy. Under the current Title 24.85, the increase in occupancy in these localized areas triggers a seismic upgrade to ASCE 41-BPON performance standard or Oregon Structural Specialty Code (current Code) due to increase in occupant load greater than 149 compared to the occupant load as of October 1, 2004 . We are proposing that the occupancy as of 2005, when the building underwent a full seismic upgrade to the 2004 OSSC, be used to determine if there are seismic triggers due to change of occupancy. |
| Reason for alternative | We believe that using the legal occupancy as of 2005 as the baseline in comparing the increase in occupant load or area calculations is appropriate for the following reasons 1) The structure was fully upgraded to meet the 2004 OSSC in 2005. 2) The proposed occupant count is actually a decrease to the occupant count for the permitted retrofit in 2005. 3) There is no change in risk category. 4) Since a previous occupancy change triggered a seismic upgrade in 2005 and there have been no significant changes in the OSSC, it is our opinion that the previous retrofit would largely meet current requirements in OSSC. In addition, a benchmarking study in accordance with ASCE 41-17 Chapter 3 has also been completed noting no significant hazards, such as liquefaction are present, that the structure is of sound condition, and exposed retrofitted elements from the 2005 scope were observed on site. |
Appeal Decision
Allow seismic baseline to be based on the legal occupancy as of 2005: 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."