Appeal 33482

Appeal Summary

Status: Decision Rendered - Granted

Appeal ID: 33482

Submission Date: 9/18/24 5:30 PM

Hearing Date: 9/25/24

Case #: B-008

Appeal Type: Building

Project Type: commercial

Building/Business Name: Resurrection Lutheran Church

Appeal Involves: Alteration of an existing structure

Proposed use: church

Project Address: 1700 NE 132nd Ave

Appellant Name: Daniel Bramske

LUR or Permit Application #: Preliminary

Stories: 1 Occupancy: E, B Construction Type: VB

Fire Sprinklers: No

Plans Examiner/Inspector: none - but this appeal was suggested by Chanel Horn

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

1210.3.1

Requires

Water Closet Compartment. For toilet rooms with two or more water closets require a separate compartment with walls or privacy partitions with a door for privacy.

Exception #2 Allows Toilet rooms in child day care facilities with two or more water closets are allowed to have one water closet with the fully enclosing compartment and door.

Code Modification or Alternate Requested

We wish to not fully enclose all toilets used by toddlers for security and safety reasons. In addition, Oregon Department of Early Learning and Care Licensing (DELC) Regulations requires that providers are within sight and sound of the children in their care at all times.

Proposed Design

The new bathroom will be used by children ranging from 1 to 5 years old.
This bathroom has a door on it, allowing for privacy for users. The intent is to allow teachers to maintain the required oversight of children while using the restroom. We feel it more likely that children will require assistance while near the toilets and it is very important for the teachers to visually be able to see all of the children in their care at any time.

Reason for alternative

Privacy versus safety. They are both important - but we feel that at this young age safety is more important. Teachers/staff can provide additional screening if children are uncomfortable.
(See appeals 31933, 33462 for similar granted appeals)

Appeal Decision

Allow the omission of full privacy toilet enclosures in infant and toddler toilet rooms: 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."