Appeal 34758

104.1, 104.9, 302.1

302.1: Occupancy classification is the formal designation of the 'primary' purpose of a building...or portion thereof., Structures shall be classified...based on the nature of the hazards and risks to building occupants 'generally associated' with the intended purpose of the building or structure. An area, room or space that is intended to be occupied at different times for different purposes shall comply with all applicable requirements associated with such potential multipurpose.
104.1: The building official shall have the authority to render interpretations of this code...
104.9: ...the building official shall have the authority to grant modifications for individual cases...provided that the building official shall first find that... such modification does not create an unsafe or dangerous condition regarding fire and life safety...

In the architect's experience, the 'common area' proposed on the plan may be interpreted by a plan reviewer to be assembly space, a reasonable assumption. We request to acquire in advance an interpretation by the building official to define this space as 'exercise rooms' (consistent with the day to day use of the building) prior to plan check review.

We propose to have the space in question posted with a maximum occupancy of 75 occupants, consistent with the day-to-day use of the space as 'exercise rooms', per Table 1004.5. Any use that would result in a higher occupancy will be addressed as a 'special event' and coordinated through the Portland Fire Bureau's procedures for such circumstances, consistent with the Tenant's past practices. This addresses the requirement listed above in Section 104.9.

Bodyvox Dance Company is a private non-profit organization that is expanding its operations into the ground floor north wing of the building it currently occupies. Bodyvox strictly controls entry and use of its lease space. The space in question will be used primarily on a day-to-day basis as a waiting area for parents, dance instructors and kids camp workers and as a breakout space for classes. As noted in the Tenant's attached letter, due to the limitations of class scheduling, the common space does not support more than 60 people at a time due to scheduling limitations. We are proposing a posted maximum occupancy of 75.

Bodyvox has been in business in Portland for 27 years an at the current location for 16 years. On occasion throughout the years they have used their facility for assembly-type functions such as fundraisers, but have had a longstanding working relationship with the Portland Fire Bureau regarding special permitting for such events.

Please refer to the attached letters from both the Director of Operations and the building owners representative regarding the use of the space and their understanding of the requirements and limitations on use that such an occupancy limitation requires.