Appeal 33427

Appeal Summary

Status: Decision Rendered

Appeal ID: 33427

Submission Date: 8/16/24 2:12 PM

Hearing Date: 8/21/24

Case #: B-005

Appeal Type: Building

Project Type: commercial

Building/Business Name: French International School of Oregon

Appeal Involves: Erection of a new structure

Proposed use: E-Occupancy, Classroom buildings

Project Address: 8500 NW Johnson St

Appellant Name: Drew Hastings

LUR or Permit Application #: Permit 24-057954-CO

Stories: 1 Occupancy: E Construction Type: V-B

Fire Sprinklers: No

Plans Examiner/Inspector: John Cooley

Plan Submitted Option: pdf   [File 1]   [File 2]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

OSSC 2022 2902.3.3 Location of Toilet Facilities in Occupancies Other Than Malls

Requires

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:
In Group B (other than dining and drinking establishments), F, H, M and S occupancies, toilet facilities may be located in an adjacent building on the same lot. The path of travel to such facilities shall not exceed a distance of 300 feet (91 440 mm) and shall be served by an accessible route.

Code Modification or Alternate Requested

Exception 1 does not include Group E. This appeal seeks to allow proposed "Mod 3" classroom (E occupancy) to use the toilet facility located in the adjacent classroom building "Satellite 1 North" (E occupancy) that is on the same lot.

Proposed Design

The new modular classroom "Mod 3" proposes to use the existing Single-User Toilet Facility in the existing adjacent classroom building "Satellite 1 - North" to meet the 2902.1 Minimum Number of Plumbing Fixtures requirement. The path of travel distance is approximately 158 feet between Mod 3 and Satellite 1--roughly half of the 300 foot maximum. Both buildings are on the same lot.

Reason for alternative

The proposed pre-manufactured classroom building "Mod 3" is a single classroom structure that is to replace storm-damaged classroom buildings. It is intended to be used during the 2024-2025 school year and removed once a new permanent classroom building is constructed (see Building Permit 24-035913-CO "Maternelle").

Mod 3 does not include a toilet facility. Still, it is proposed to be located close to the existing classroom building "Satellite 1 North" to allow students and staff to access its existing single-user toilet facility by providing an accessible ramp that connects to the existing accessible route. Each building is one story and the elevation difference between their finish floors is approx. 4 feet. The path of travel from Mod 3 to Satellite 1 North's existing toilet facility covers a distance of approx. 158 feet--roughly half of the maximum allowed distance of 300 feet stated in 2902.3.3 Exception 1.

As a school policy, each classroom has a maximum of 18 students and 2 staff. If Mod 3 and the classroom in the NW corner of Satellite 1 are to share a single-user toilet facility then the actual total occupants using that facility would be a maximum of 40 occupants which meets the minimum number of plumbing fixture requirement of 1 per 50 (2902.1). If the calculation is aggregated, the total number of occupants of Satellite 1 and Mod 3 is 254 occupants with 6 single-user toilet facilities provided.

The layout of buildings on the campus requires students and staff to travel outside between buildings to get to other programmatic elements. Music/Art, PE, S.T.E.A.M., Home Classrooms, Admin Offices, and the Forestry Curriculum are located in different areas of the 13-acre campus so it is a daily function of the school for people to travel along paths to get to where they need to go. This proposal suggests that it provides equivalent health, accessibility, and life safety to what the code requires.

Appeal Decision

Allow Group E space to be served by toilet facilities in an adjacent building on the same lot: 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."