Appeal 33458

OSSC §102.6 and §1604.1

§102.6: The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code.

§1604.1: Building, structures and parts thereof shall be designed and constructed in accordance with strength design, load and resistance factor design, allowable stress design, empirical design or conventional construction methods, as permitted by the applicable material chapters and referenced standards.

The South Marquam Maintenance Facility Yards Building 2 Cluster 1 includes a collection of existing structures which predate the current BDS permit process. This appeal request is for the existing non-permitted structures to be permitted with partial structural upgrades in lieu of full compliance with the structural requirements of new construction.

RECONSIDERATION TEXT 3 (NEW):
The South Marquam Maintenance Facility Yards Building 2 Cluster 1 includes a collection of three existing structures (see location in Attachments A and B, and images in Attachment C1). The proposed design is for all buildings to remain as existing with partial structural upgrades. The proposed design for these structures is provided as follows:
• Structure 2-1 is a CMU structure without cracks, built in 1952 and is for occupants who are familiar with the small structure with short exit travel distances. No change of use/occupancy or renovations have occurred since original construction. The proposed design is to provide a partial seismic upgrade to the roof.
• Structure 2-2 is a greenhouse type structure that is not conditioned, originally built in 1952. It is accessed by maintenance personnel only, who are familiar with the space. The proposed design is to provide a partial seismic upgrade to the roof.
• Structure 2-3 is an unenclosed covered vehicle storage canopy of steel structure built in the early 2000s. It did not have a permit. It is only accessed when needing to park or drive out wheeled equipment. The proposed design is to provide the covered membrane structure with new wind uplift anchoring at canopies.

Attachment F is the seismic evaluation of Structure 2-1 provided by KPFF that further expands on the justification of the proposed design and protections provided. The proposed partial seismic upgrade to the roof aligns with the findings and recommendations of the structural report.

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RECONSIDERATION TEXT 2 (ORIGINAL):
The South Marquam Maintenance Facility Yards Building 2 includes a collection of existing structures and one new structure. The proposed design is for structures 2-1 and 2-2, constructed in 1952, to be considered as existing structures to remain as-is, without seismic upgrades. The proposed design includes structures 2-3 and 2-5 as existing unpermitted and unconditioned structures to remain as-is without seismic upgrades, and structure 2-4, a permitted structure that is to remain without alteration.

The proposed design is for all buildings to remain as-is based on them being unaltered from their original construction, though only structure 2-4 was permitted. Equivalent protection for these structures is provided as follows:
• Structure 2-1 is a CMU structure without cracks, built in 1952 and is for occupants who are familiar with the small structure with short exit travel distances. No change of use/occupancy or renovations have occurred since original construction.
• Structure 2-2 is a greenhouse type structure that is not conditioned, originally built in 1952. It is accessed by maintenance personnel only, who are familiar with the space. Since it is not conditioned and has no workstations within it, occupancy is not regular and of similar use to a U occupancy.
• Structure 2-3 is an unenclosed vehicle storage shed of steel structure built in the early 2000s. It did not have a permit. It is only accessed when needing to park or drive out wheeled equipment. The only occasional access and open nature is a U occupancy type use.
• Structure 2-4 is a permitted conditioned garage with concrete stemwalls and steel structure built in 1983. The building is not changing use or occupancy from original permitted condition and not undergoing any renovation.
• Structure 2-5 is covered vehicle storage built in the early 2000s. It did not have a permit. It is only accessed when needing to park or drive out wheeled equipment. The only occasional access and open nature is a U occupancy type use.

Equivalent protection for all structures is provided by use of the structures: these are not open to the public, only structures 2-1 and 2-4 are regularly occupied, and all occupants are trained staff in emergency operations. These buildings are not being altered in any way from their original construction. The new structure added to his collection of buildings will meet all the requirements of the applicable code at time of permitting.

RECONSIDERATION TEXT 1 (ORIGINAL):
The original appeal is being re-submitted for each building on the lot.
Building 2 at the South Marquam Maintenance Facility Yards is a collection of 6 structures which are considered as one building per OSSC §503.1.2. The building is defined as Type V-B of Group S-1 occupancy. Five of the structures are existing structures to remain as-is in the scope of this project. One new structure will be permitted to current code requirements.

Building 2 includes the following collection of structures:
EXISTING UNPERMITTED STRUCTURES:

1. Covered Equipment Storage, used for storage of grounds maintenance equipment.
2. Equipment Storage, used for storage of grounds maintenance equipment.
3. Facilities Managements Grounds Shop, used by maintenance personnel.
4. Covered Vehicle Storage, used for storage of small OHSU maintenance vehicles.

EXISTING PERMITTED STRUCTURE:

1. Garage, permitted in 1982 as an incinerator building but currently used and accepted in the Facility Permit Program for maintenance/service of small OHSU maintenance vehicles.

NEW STRUCTURE:

1. Recycling Canopy, covered location for trash collection.

The existing structures do not meet current seismic design requirements of ASCE 7-16. The existing structures do meet the intent of City Code Chapter 24.85.010 Scope Section A to not require seismic upgrades, though many of the structures were not previously permitted.

RECONSIDERATION TEXT 3 (NEW):
The existing structures were previously unpermitted, some being constructed as early as the 1950’s, and are now being formally permitted with a defined code compliance path that address all buildings on the lot. Structures 2-1, 2-2, and 2-3 are not undergoing a change of use/occupancy or addition. The structures will continue to be used as storage and maintenance shop structures. Only Structure 2-1 is regularly occupied; Structures 2-2 and 2-3 are normally unoccupied except when maintenance employees are actively accessing or storing equipment. The structures are closed to the public and occupied by only a few trained personnel.

This appeal is requesting existing non-conforming requirements regarding the OSSC §1604.1 requirement for buildings and structures to be designed for structural resilience of the current code cycle. As the existing buildings greatly predate current code, upgrading the structures to meet modern structural requirements would be technically unfeasible.

Equivalent performance-based protection is provided to Structure 2-1 and 2-2 by providing updates recommended by the seismic evaluation documented in Attachment F. The evaluation follows the American Society of Civil Engineers (ASCE) Standard 41-17 Seismic Evaluation and Retrofit of Existing Buildings. This standard provides deficiency-based, systematic procedures for structural improvements and retrofits, offering an industry-recognized performance-based approach for the proposed improvements.

Structure 2-3 will be addressed separately, with new wind uplift anchoring to improve the design response to wind loads.

The structures of Building 2 Cluster 1, as described in this appeal, are proposed with feasible improvements based on the use and type of structure. These structures are not otherwise being altered from their original construction. Therefore, based on the proposed improvements to the existing structures, we request that the structures be allowed to be permitted with partial structural upgrades as described.

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RECONSIDERATION TEXT 2 (ORIGINAL):
Structure 2-4 is a permitted structure not undergoing alteration or change of use/occupancy, therefore can prescriptively follow the City Code 24.85.0101 scoping that allows for the structure to remain as-is without necessitating structural upgrades.

Structures 2-1, 2-2, 2-3, and 2-5 are not undergoing a change of use/occupancy, addition or repair. The structures will continue to be used as storage and maintenance shop structures. Structures 2-3 and 2-5 are covered, unconditioned storage, open to the exterior, and will remain unoccupied except when maintenance employees are actively accessing or storing equipment. Structure 2-2 is an unconditioned space and not undergoing change of use/occupancy from its original construction in 1952. Any future alterations will be reviewed to meet the requirements of the applicable IEBC and city codes to ensure that life safety is being provided as required at the time of renovation.

When all structures are considered as a single building for building code compliance, as permitted by OSSC §503.1.2, Building 2 has a total calculated occupant load of 30 occupants, which is significantly less than the 149 occupant load increase allowed without seismic improvements by City Code Chapter 24.85.040. Therefore, not requiring seismic upgrades provides equivalent protection to what is currently allowed by City Code. Though these structures, except structure 2-4, were not originally permitted, they are closed to the public and occupied by only a few personnel. Structures 2-2, 2-3, and 2-5, in particular, are only accessed for the purpose of retrieving or depositing stored items by employees who are familiar with the space and emergency procedures; therefore equivalent protection is provided to the City Code and IBC requirements as the existing structures are not being altered.

RECONSIDERATION TEXT 1 (ORIGINAL):
The original appeal is being re-submitted for each building on the lot.
The South Marquam Maintenance Facility Yards include a collection of structures constructed throughout the history of OHSU to provide storage for grounds maintenance. Some of these structures were constructed in the early 1950’s prior to the City of Portland permitting process for OHSU buildings. As part of a city covenant with OHSU, the site will be formally permitted with a defined code compliance path that addresses all structures on site. These updates do not include change of occupancy, additions, or significant alterations to the existing, previously unpermitted, structures.

If existing structures in Building 2 had been previously permitted, it would not be required to be seismically upgraded to meet current code criteria under City Code Chapter 24.85. Per Chapter 24.85.010 Scope Section A, the provisions of this city code chapter prescribe requirements for “existing buildings undergoing changes of occupancy, additions, alterations, catastrophic damage, fire, or earthquake repair, or mandatory or voluntary seismic strengthening.” The building is not undergoing a change of function, therefore, the intended scope of Chapter 24.85 seismic design requirements for existing buildings do not apply to the existing structures building if they had been permitted at the time of construction.

Since the permitting process did not exist at the time of construction, we request that this subsequent permit not be held to the requirements of new construction for seismic design. The structures have minimal impact to the function of the overall OHSU hospital facility:
• These structures are for maintenance and storage and only used by maintenance personnel for maintenance activities only.
• The structures are not adjacent to any hospital buildings or public road accessways on campus, so performance in a seismic event does not impact the function of the campus.

Therefore, we request that the intent of Chapter 24.85.010 Scope Section A apply and that seismic upgrades not be required for existing structures of Building 2 even though some of the existing structures had not been previously permitted. The new structure in Building 2 will meet all current seismic requirements prescriptively.

OSSC §3401.3.1

A building or portion of a building that has not been previously occupied or used for its intended purpose, in accordance with the code in existence at the time of its completion, shall be permitted to comply with the provisions of the code in existence at the time of its original permit unless such permit has expired. Subsequent permits shall comply with the requirements of this code for new construction.

The South Marquam Maintenance Facility Yards Building 2 Cluster 1 includes a collection of existing structures which predate the current BDS permit process. This appeal request is to follow the intent of OSSC §3403.6.3 for existing buildings even though they were previously unpermitted through BDS. Accessible restrooms are provided within 300’ of the Cluster, but not on an accessible route.

RECONSIDERATION TEXT 3 (NEW):
The South Marquam Maintenance Facility Yards Building 2 Cluster 1 includes a collection of existing structures and one new structure. Structures 2-1 and 2-2, constructed in 1952, are existing structures to remain as-is, with only structural upgrades as described in Appeal 1. Structure 2-3, an open-air membrane structure placed on site in the early 2000’s, is also to remain as existing with only structural upgrades as described in Appeal 1. No accessibility upgrades are planned for these structures.

The proposed design is for all buildings to remain as-is based on them being unaltered from their original construction, without accessibility upgrades. As existing, structures are not on an accessible route from public ROW and the driveway is unpaved.

Equivalent protection for these structures is based on OSSC 3403.6.7 for alterations which states the limit for accessibility is based on technical feasibility. Additional accessibility will be provided for all structures, but mainly for Building 2, it is within 300’ of accessible restrooms in the Energy Management Center (see Attachment G), accessible restrooms can be reached via vehicular access, and OHSU can provide an availability of positions, either permanent or temporary, within an area that is accessible. The space is not open to the public and for use by maintenance personnel only.

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RECONSIDERATION TEXT 2 (ORIGINAL):
The South Marquam Maintenance Facility Yards Building 2 includes a collection of existing structures and one new structure. The proposed design is for structures 2-1 and 2-2, constructed in 1952, to be considered as existing structures to remain as-is, without upgrades. The proposed design includes structures 2-3 and 2-5 as existing unpermitted and unconditioned structures to remain as-is without accessibility upgrades, and structure 2-4, a permitted structure that is to remain without alteration.

The proposed design is for all buildings to remain as-is based on them being unaltered from their original construction: structures are not on an accessible route from public ROW, the driveway being unpaved, and the space not being open to the public and used by maintenance personnel only. Equivalent protection for these structures is provided in that all structures of Building 2 will remain within 300’ of accessible restrooms in the Energy Management Center, and OHSU providing availability of positions, either permanent or temporary, within an area that is accessible.

RECONSIDERATION TEXT 1 (ORIGINAL):
The original appeal is being re-submitted for each building on the lot.
Building 2 at the South Marquam Maintenance Facility Yards is a collection of structures which are considered as one building per OSSC §503.1.2. The building is defined as Type V-B of Group S-1 occupancy. Five of the structures are existing structures to remain as-is in the scope of this project.

Building 2 includes the following collection of structures:
EXISTING UNPERMITTED STRUCTURES:

1. Covered Equipment Storage, used for storage of grounds maintenance equipment.
2. Equipment Storage, used for storage of grounds maintenance equipment.
3. Facilities Managements Grounds Shop, used by maintenance personnel.
4. Covered Vehicle Storage, used for storage of small OHSU maintenance vehicles.

EXISTING PERMITTED STRUCTURE:

1. Garage, permitted in 1982 as an incinerator building but currently used and accepted in the Facility Permit Program for maintenance/service of small OHSU maintenance vehicles.

NEW STRUCTURE:

1. Recycling Canopy, covered location for trash collection.

The existing structures do not meet current accessibility requirements of OSSC Chapter 11, but do meet the intent of OSSC Chapter 34 for existing buildings even though four structures were not previously permitted. Building 2 is not accessible to the public, restricted for OHSU maintenance staff access only.

RECONSIDERATION TEXT 3 (NEW):
Accessible restrooms will be provided within 300’ of the structures. Though an accessible pedestrian path is not technically feasible and not provided to the accessible restrooms, this layout aligns with OSSC §1104.1 Exception which states that an accessible route is not required between site arrival points and the building/facility entrance if the only means of access between them is a vehicular way not providing for pedestrian access.

Locations of Building 2 structures will remain as-is, and so the proposed design does not decrease the accessible access to the accessible restroom facilities, which were not along an accessible grade originally. OHSU will make accommodations for any personnel who may need temporary or permanent position where full accessibility is needed for the person. These 2 conditions for the existing and new structures used by maintenance personnel only meets the intent of the code for providing equivalent accommodation for the position or type of work required.

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RECONSIDERATION TEXT 2 (ORIGINAL):
In addition to the code path described below, accessible restrooms will be provided within 300’ of the relocated position of Building 2. Locations of Building 2 structures will remain as-is, and so the proposed design does not decrease the accessible access to the accessible restroom facilities, which were not along an accessible grade originally. OHSU will make accommodations for any personnel who may need temporary or permanent position where full accessibility is needed for the person. These 2 conditions for the existing and new structures used by maintenance personnel only meets the intent of the code for providing equivalent accommodation for the position or type of work required.

RECONSIDERATION TEXT 1 (ORIGINAL):
The original appeal is being re-submitted for each building on the lot.
The South Marquam Maintenance Facility Yards include a collection of structures constructed throughout the history of OHSU to provide storage for grounds maintenance. Some of these structures were constructed in the early 1950’s prior to the City of Portland permitting process for OHSU buildings. As part of a city covenant with OHSU, the site will be formally permitted with a defined code compliance path that addresses all structures on site. These updates do not include change of occupancy, additions, or significant alterations to the existing, previously unpermitted, structures.

If all structures in Building 2 had been previously permitted, the scope of this project would not be a repair, addition, or change of occupancy. Since the building is not undergoing improvements and the scope of the project does not reduce accessibility of the structure, the project complies with OSSC §3403.6.3 for an existing building. Only authorized OHSU maintenance personnel will be accessing the site.

The proposed design will not reduce accessibility of the existing structures, therefore meeting the code intent of OSSC §3403.6.3 for existing buildings. The new Recycling Canopy complies with exclusions for accessible access to and within the structure in accordance with OSSC §1104.3.1 Exception 3 and §1104.2 Exception 1 since access is provided along the vehicular way and not for pedestrian access. Therefore, we request that existing structures of Building 2 be considered as existing for which accessibility upgrades are not be required even though the structures had not been previously permitted.

OSSC §3401.3.1

A building or portion of a building that has not been previously occupied or used for its intended purpose, in accordance with the code in existence at the time of its completion, shall be permitted to comply with the provisions of the code in existence at the time of its original permit unless such permit has expired. Subsequent permits shall comply with the requirements of this code for new construction.

The South Marquam Maintenance Facility Yards Building 2 Cluster 1 includes a collection of existing structures which predate the current BDS permit process, and one new structure. This appeal request is for the existing non-permitted structures to be permitted with partial energy upgrades in lieu of full compliance with the energy requirements of new construction.

RECONSIDERATION TEXT 3 (NEW):
The South Marquam Maintenance Facility Yards Building 2 Cluster 1 includes a collection of three existing structures (see Attachment D). The proposed energy compliance path for these structures is provided as follows:

• Structure 2-1 is a CMU structure without cracks, built in 1952 and is for occupants who are familiar with the small structure with short exit travel distances. No change of use/occupancy or renovations have occurred since original construction. The heated/cooled office portion of this building will be upgraded with a new HVAC system with locally programmable controls. The office window will be replaced with an energy compliant window and attic insulation/venting will be provided.
• Structure 2-2 is a greenhouse type structure that is not conditioned, originally built in 1952. It is accessed by maintenance personnel only, who are familiar with the space. Since it is not conditioned and has no workstations within it, occupancy is not regular and of similar use to a U occupancy. Freeze protection will be provided.
• Structure 2-3 is an unenclosed vehicle storage shed of steel structure built in the early 2000s. It did not have a permit. It is only accessed when needing to park or drive out wheeled equipment. The only occasional access and open nature is a U occupancy type use.

Equivalent protection for all structures is provided by use of the space: these are not open to the public, only structure 2-1 is regularly occupied and conditioned, and there is no increase to proposed energy usage from original construction. The proposed improvements provide greater energy compliance than is currently existing in the structures.

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RECONSIDERATION TEXT 2 (ORIGINAL):
The South Marquam Maintenance Facility Yards Building 2 includes a collection of existing structures and one new structure. The proposed design is for structures 2-1 and 2-2, constructed in 1952, to be considered as existing structures to remain as-is, without upgrades. The proposed design includes structures 2-3 and 2-5 as existing unpermitted and unconditioned structures to remain as-is without upgrades, and structure 2-4, a permitted structure that is to remain without alteration.

The proposed design is for all buildings to remain as-is based on them being unaltered from their original construction, though only structure 2-4 was permitted. Equivalent protection for these structures is provided as follows:
• Structure 2-1 is a CMU structure without cracks, built in 1952 and is for occupants who are familiar with the small structure with short exit travel distances. No change of use/occupancy or renovations have occurred since original construction.
• Structure 2-2 is a greenhouse type structure that is not conditioned, originally built in 1952. It is accessed by maintenance personnel only, who are familiar with the space. Since it is not conditioned and has no workstations within it, occupancy is not regular and of similar use to a U occupancy.
• Structure 2-3 is an unenclosed vehicle storage shed of steel structure built in the early 2000s. It did not have a permit. It is only accessed when needing to park or drive out wheeled equipment. The only occasional access and open nature is a U occupancy type use.
• Structure 2-4 is a permitted conditioned garage with concrete stemwalls and steel structure built in 1983. The building is not changing use or occupancy from original permitted condition and not undergoing any renovation.
• Structure 2-5 is covered vehicle storage built in the early 2000s. It did not have a permit. It is only accessed when needing to park or drive out wheeled equipment. The only occasional access and open nature is a U occupancy type use.

Equivalent protection for all structures is provided by use of the space: these are not open to the public, only structures 2-1 and 2-4 are regularly occupied and conditioned, and there is no increase to proposed energy usage from original construction. The new structure added to his collection of buildings will meet all the requirements of the applicable code at time of permitting.

RECONSIDERATION TEXT 1 (ORIGINAL):
The original appeal is being re-submitted for each building on the lot.
Building 2 at the South Marquam Maintenance Facility Yards is a collection of structures which are considered as one building per OSSC §503.1.2. The building is defined as Type V-B of Group S-1 occupancy. Five of the structures are existing structures to remain as-is in the scope of this project.

Building 2 includes the following collection of structures:
EXISTING UNPERMITTED STRUCTURES:

1. Covered Equipment Storage, used for storage of grounds maintenance equipment.
2. Equipment Storage, used for storage of grounds maintenance equipment.
3. Facilities Managements Grounds Shop, used by maintenance personnel.
4. Covered Vehicle Storage, used for storage of small OHSU maintenance vehicles.

EXISTING PERMITTED STRUCTURE:

1. Garage, permitted in 1982 as an incinerator building but currently used and accepted in the Facility Permit Program for maintenance/service of small OHSU maintenance vehicles.

NEW STRUCTURE:

1. Recycling Canopy, covered location for trash collection.

The Facilities Maintenance Grounds Shop and the Garage are the only structures which currently have heating and/or cooling elements, which are used on a part-time basis for tasks. These structures are not accessible to the public, restricted for OHSU maintenance staff access only. In lieu of meeting all current code requirements of the OEESC, heating/cooling elements will be on timers to ensure their use is limited.

RECONSIDERATION TEXT 3 (NEW):
Structure 2-1 will be upgraded to improve energy performance but will be otherwise unaltered in terms of function or use of the space. None of the structures will increase energy usage from their original condition, meeting the intent of compliance for energy consumption per the IEBC where no alteration is being proposed. Any future alterations of the structure will be reviewed and expected to meet the requirements of the IEBC.

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RECONSIDERATION TEXT 2 (ORIGINAL):
See indication of which structures are heated/cooled in Attachment D. Three of the five structures are not conditioned and will remain as-is. Structure 2-1 is unaltered from its original 1952 construction, and Structure 2-4 was permitted. Neither structure is being renovated and neither one will increase its energy usage from its original condition, meeting the intent of compliance for energy consumption per the IEBC where no alteration is being proposed. Although Structure 2-1 had not been previously permitted, any future alterations will be reviewed to meet the requirements of the IEBC.

RECONSIDERATION TEXT 1 (ORIGINAL):
The original appeal is being re-submitted for each building on the lot.
The South Marquam Maintenance Facility Yards include a collection of structures constructed throughout the history of OHSU to provide storage for grounds maintenance. Some of these structures were constructed in the early 1950’s prior to the City of Portland permitting process for OHSU buildings. As part of a city covenant with OHSU, the site will be formally permitted with a defined code compliance path that addresses all structures on site. These updates do not include change of occupancy, additions, or significant alterations to the existing, previously unpermitted, structures.

If all structures in Building 2 had been previously permitted, the scope of this project would not be a repair, addition, or change of occupancy. Since the building is not undergoing improvements and the scope of the project does not reduce energy conservation of the structure, the project complies with the intent of OEESC §E103.2 to allow for the continued use of existing buildings.

In lieu of meeting all current code requirements of the OEESC as newly permitted structures through BDS, heating/cooling elements will be on timers to ensure their use is limited. This upgrade exceeds the code requirement of OEESC §E103.2 if the structures had been previously permitted through BDS. Therefore, we request that existing structures of Building 2 be considered as existing for which energy code upgrades are not required.