Appeal 33694

OSSC 1004.5

Section 1004.5 of the building code requires that all spaces be assigned an occupant load by applying the occupant load factor per Table 1004.5 to the floor area of each space.

Exception: Where approved by the building official, the actual number of occupants for whom each occupied space, floor or building is designed, although less than those determined by calculation, shall be permitted to be used in the determination of the design occupant load.

This appeal is requesting that the entry lobby and the auditorium area be considered non-simultaneous use and not be considered in the occupant load of the ground floor in the determination of seismic triggers per 24.85.040(B).

The 4-story adidas RED building was constructed in 2002 to support workrooms and offices for the sportswear North America Headquarters. The building was redesigned in 2021 to add a ground floor training room and upper level open offices, with a single floor of showrooms intended to showcase unreleased product samples to small groups of adidas customers. The occupant load of the ground floor as designed in 2002 and affirmed in the 2021 redesign, is established at 288 occupants, which is the baseline legal occupant load as of October 1, 2004.

The current proposed renovation, to be submitted for permit in 2025, will replace the open offices with additional product showrooms and workrooms for visiting adidas retailers to preview the products. On the ground floor, the existing lobby and training room will be redesigned to an access-controlled entry lobby and visitor engagement area, auditorium, and a new visitor lounge.

The proposed use of the building is listed in further detail in the Building Use Narrative, Exhibit A. Upon arriving, visiting groups will be met by adidas personnel and escorted through the security entrance, a double door and a revolving door, equipped with badge readers. After check-in and receiving temporary RFID badges at the entry lobby and visitor engagement area, the group will gather in the visitor lounge and then be escorted to the auditorium for a brand presentation. Following the presentation, the visitors will take elevators to the showrooms and workrooms on the upper levels. At all times the number of occupants and employees is strictly controlled and monitored. Visitors will not be occupying the entry lobby (calculated occupant load of 50) nor the auditorium (calculated occupant load of 105) at the same time as other parts of the building.

The proposed floor plans provided by Lever Architecture dated 1-31-2025 and attached as Exhibit B, has a calculated occupant load of 449 for the Ground Floor. When the occupant load for the entry lobby and the auditorium is not considered, the total occupant load for the ground floor is 294, more closely matching the anticipated use of the floor, which has a peak occupant load of only 125 persons, refer to Exhibit A.

It is important to note that the egress capacity and sizing is based on the calculated occupant load for each space and is compliant with Chapter 10 of the OSSC.

The occupant load is determined using the actual number of people in the building and should consider the designed use of this building. The building is not open to the public but rather for small exclusive groups of customers who are invited to the facility by adidas. The occupant load factors of Table 1004.5 are not applicable to this particular use. The actual occupant load of the ground floor, and the building, is controlled by the entry area security check-in and limited by the design program of the building.

The current design has the calculated occupant load of the ground floor at 449 occupants. This calculated occupant load will cause an increase of greater than 149 occupants, at the ground floor alone, when compared to the October 1, 2004 baseline occupant load identified on permit #21-060385-000-000-FA. This occupant load increase will result in triggering Chapter 24.85.040 (B) of the Portland City Charter.

Ground Floor Occupant Load
The calculated ground floor occupant load as designed is 449 occupants which is 161 occupants greater than the baseline occupant load total for the ground floor. The proposed ground floor occupant load without the auditorium and the entry considered is 294 occupants, only 6 occupants greater than the baseline occupant load. Note that these numbers may shift slightly with the final submitted floor plan. The intent of the non-simultaneous use for these areas remains the same in any final configuration.

The baseline occupant load was predicated on predominantly open offices (1 occupant per 100 sf), conference rooms, and training room. This appeal accepts the baseline occupant load previously established in 2021. Copies of the 2021 code sheets are attached for reference as Exhibit C.

The intent of the proposed design is to keep the occupant load within the limits of Chapter 24.85.040 and not to increase the total occupant load of the building by more than 149 occupants. The ground floor spaces are the focus of this appeal since it has the greatest increase in calculated occupant load due to its function of being a receiving and staging area for visitors as they come to the building.

Because the adidas RED building has controlled access and is intended only for a limited number of support staff and exclusive visitors. We request the City of Portland to consider the entry lobby and the auditorium as non-simultaneous use and not consider those occupant loads in the determination of seismic triggers per 24.85.040(B).