Appeal 34804
Appeal Summary
Status: Decision Rendered
Appeal ID: 34804
Submission Date: 5/15/25 8:02 AM
Hearing Date: 5/21/25
Case #: B-004
Appeal Type: Building
Project Type: commercial
Building/Business Name:
Appeal Involves: Alteration of an existing structure,occ Change from B to A2
Proposed use: Commercial
Appeal Information Sheet
Appeal item 1
| Code Section | OSSC 1004.5 |
|---|---|
| Requires | 2hr fire separation is required on the east wall of the tenant space to treat the tenant space as a single fire area (for occupancy and fire sprinkler calculations). |
| Code Modification or Alternate Requested | The tenant wishes to avoid installation of a fire-wall assembly that requires work in the adjacent tenant space (i.e. gypsum on both sides of the structure as shown on the submitted plans, WP 4163). An alternate firewall construction is detailed in the next section (not matching any specific firewall assembly published by the gypsum association). |
| Proposed Design | Install *two layers of 5/8” Type X gypsum board** on the tenant side of the shared wall (existing structure). Seal gaps with **intumescent firestop sealant** (3M CP 25WB+, 2-hour fire-rated). Add **mineral wool insulation** in the wall cavity (Roxul Safe ‘n’ Sound, non-combustible). Install **UL 555-rated fire dampers* in HVAC penetrations. |
| Reason for alternative | The alternative firewall assembly is to avoid disruption of the neighboring business. The proposed design meets *IBC 706.5** (“equivalent protection”) and **ASTM E119* standards for 2-hour fire resistance. Prevents fire/smoke spread to the adjacent tenant without disruptive construction. |
Appeal item 2
| Code Section | OSSC 903.2.1.2 |
|---|---|
| Requires | Request a modification to the number of occupants calculated per the submitted plans. |
| Code Modification or Alternate Requested | OSSC 903.2.1.2, Due to a total occupant load over 100 persons with A occupancy, fire sprinklers are required. |
| Proposed Design | Option A: We request the occupancy be calculated using the proposed number of seats in the seating plan for the project. The total number of seats calculates to under 100 occupants, however, per TABLE 1004.5, a occupancy calculation of 1:15 is required. Anchor all tables/chairs to the floor using *Hilti HUS-HR epoxy anchors** (tables) and **steel L-brackets** (chairs). Secure the 12ft couch to a **fixed platform** bolted to floor joists. Seating to be calculated as "fixed seating". Install **interconnected smoke detectors** (NFPA 72 compliant). Use **NFPA 260-certified fire-resistant fabrics* for all upholstered furniture. Option B: We request a firm maximum occupancy of 99 persons in the entirety of the space. This will be enforced using a posted placard with the max number of occupants in each room. |
| Reason for alternative | The reason for the overall request is to remove the need for fire sprinklers as this is a large expense. The request to alter the method of calculation of occupancy is based on realistic use of the space as shown, rather than a calculation that does not match the proposed use of the space. The proposed design complies with *IBC 1004.1.1** (15 sq.ft/person for fixed seating) and achieves **NFPA 101A FSES score of 7+* (attached), equivalent to sprinklers. |
Appeal Decision
"Item 1: Alternative wall assembly to create separate fire areas between tenants: Granted provided two layers of 5/8 inch Type X gypsum wallboard is added to the other side of the wall when the adjacent tenant moves out.
Item 2: Limit occupant load based on fixed seating with anchoring of all furniture to the floor: Denied. Proposal does not provide equivalent fire and life safety.
Appellant may contact David Bartley (503-865-6529) with questions.
"
"For the item granted, 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, 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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