Appeal 33543

Appeal Summary

Status: Decision Rendered

Appeal ID: 33543

Submission Date: 10/23/24 6:22 PM

Hearing Date: 10/30/24

Case #: B-001

Appeal Type: Building

Project Type: commercial

Building/Business Name:

Appeal Involves: occ Change from R-3, M & S-1 to B & F-1

Proposed use: Restaurant

Project Address: 2001 SE 11th Ave

Appellant Name: Lorraine Lethco Bazzi, PE & Alex Grummel, PE

LUR or Permit Application #: Permit 24-076006-CO

Stories: 2 Occupancy: R-3, M & S-1 Construction Type: V-B

Fire Sprinklers: No

Plans Examiner/Inspector: Maureen McCafferty (Life Safety) & Lisa Buellesbach (Structural)

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

OSSC Table 1607.1, Item 9

Requires

OSSC Table 1607.1 Minimum Uniformly Distributed Live Loads, Lo, and Minimum Concentrated Live Loads lists design live loads based on the function of a space.

Item 9, Dining Rooms and Restaurants, assigns a design live load of 100psf (please see attached Appendix 1 for reference).

Code Modification or Alternate Requested

We propose a change to the design live load for this project to one more appropriate to the function of the space and the limited number of occupants (limited per arch code requirements).

Proposed Design

The proposed use of the space in this building is a restaurant.

The proposed occupancy, per the architectural sections of the building code, is Occupancy B. This designation limits the number of persons and the square footage. It is proposed that the number of occupants on the second floor be limited to 33 persons total (including guests and employees).

This occupancy limit will be posted in the physical space.

Based on the above, Grummel Engineering believes that a design live load of 50psf is more appropriate for the space than the design load from OSSC Table 1607.1.

Please see attached:
Appendix 2: Code Sections Regarding the Architectural Occupancy Classification.
Appendix 3: Architectural Floor Plan
Appendix 4: Supporting Calculations to Justify 50psf

Please Note: sprinklers are not installed, are not required for the above proposed usage and will not be installed.

Reason for alternative

Based on the architectural sections of the building code, the usage of the second floor space is restricted to 33 persons - well below the structural design live load in OSSC Table 1607.1.

It seems appropriate that the structural design live load should be proportional to the use of the space. Due to the limited number of occupants, the space is more similar to the types of businesses listed in code section 304.1 for Occupancy B.

Please see attached:
Appendix 2: Code Sections Regarding the Architectural Occupancy Classification.
Appendix 3: Architectural Floor Plan
Appendix 4: Supporting Calculations to Justify 50psf

Appeal Decision

Allow 50psf in lieu of 100psf live load: Granted for this use and layout only provided occupant load sign is obtained from FMO and posted in the dining room.

"The Administrative Appeal Board finds with the conditions noted, 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, how to file a reconsideration, and appealing to the Building Code Board of Appeal, go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov.
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