Appeal 34910
Appeal Summary
Status: MIXED: Item 1: HOLD for additional information. Item 2: Decision Rendered.
Appeal ID: 34910
Submission Date: 7/23/25 4:26 PM
Hearing Date: 7/30/25
Case #: B-5
Appeal Type: Building
Project Type: commercial
Building/Business Name: James Beard Public Market
Appeal Involves: Alteration of an existing structure
Proposed use: Retail
Project Address: 610 & 622 SW Alder
Appellant Name: Maureen Hardy
LUR or Permit Application #: Permit 25-039717- CO
Stories: 3 Occupancy: M, A-2, S Construction Type: III-B
Fire Sprinklers: Yes - Throughout
Plans Examiner/Inspector: John Cooley
Plan Submitted Option: pdf [File 1] [File 2] [File 3]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 2022 OSSC §404.5 Smoke Control – Atriums |
|---|---|
| Requires | A smoke control system shall be installed in accordance with §909. Exceptions:
2.1 Only the two lowest stories shall be permitted to be open to the atrium. |
| Code Modification or Alternate Requested | Request to use a rated horizontal shutter to protect the atrium as a 2-story atrium following §404.5 Exception 1. |
| Proposed Design | The James Beard Public Marketplace will include a 3 story atrium connecting all three stories of the building (see Attachment A). The proposed design is to follow §404.5 Exception 1 which omits smoke control requirements for atriums connecting only two stories. The atrium will be equivalent to a 2-story opening because it is separated from Level 2 by a 2-hr rated horizontal shutter. The horizontal shutter will be activated by the fire alarm to create a two-story opening with a single story above, preventing smoke migration to the third story. The shutter will be supported by 1-hour rated construction and additional sprinklers around the floor opening will protect the floor of the atrium after the shutter has closed. |
| Reason for alternative | The building will include an atrium connecting all 3 stories of the market to allow daylight at all three stories via atrium skylights, to achieve a cohesive market presence between all 3 functional Market levels, and to meet energy conservation goals for reduced reliance on interior artificial lighting. Retrofitting a smoke control system into an existing building presents various technical challenges, including the difficulty in bringing sufficient make-up air to the lowest (basement) floor of the building. Instead, the proposed design is to protect the space as a two-story atrium during a fire event. ACTIVATION: FIRE RATING: In following OSSC §711.2.3 requirements for rated horizontal assemblies, the supporting construction of the rated shutters will be protected to afford a minimum 1 hour fire-resistance rating as required for atrium separation. The rated supporting construction will include the beams around the floor opening and supporting columns to the foundation. LISTINGS: OTHER VERTICAL OPENING: CONCLUSION: Therefore, we request that the proposed protection using a rated horizontal shutter be permitted to protect the atrium. |
Appeal item 2
| Code Section | 2022 OSSC §705.8 |
|---|---|
| Requires | 2022 OSSC Table 705.8 strictly prohibits openings less than 3 feet from any property line. |
| Code Modification or Alternate Requested | Sealing the proposed opening in each wall with an automatically closing fire rated assembly. |
| Proposed Design | The property line walls between each building are considered exterior walls for the purposes of the code analysis. The reason for the opening restriction in an exterior wall is to prevent the spread of fire from building to building. Sealing the opening with an automatically closing fire rated assembly is an approvable solution (see Attachment A). The fire resistance rating for the proposed M occupancy is 2 hours based on OSSC Table 705.5. The minimum fire door assembly rating will be 1 ½ for exterior walls. OSSC Table 716.1(2). Each wall will be protected with an individual assembly. If both doors close a 3 hour protection will be provided . The doors will activate from a fusible link and local smoke detector. |
| Reason for alternative | The proposed opening creates the desired, open marketplace design. The occupants can freely traverse from market area to market area through the large opening. The separate fire doors maintain the structural independence and fire rating in the event of a single building collapse. Travel through the doors is not required for egress. Each building meets travel distance requirements separately. |
Appeal Decision
1. Use of rated horizontal shutter to create an atrium that connects only two stories: Hold for more information.
2. Allow two 90-minute fire doors located in exterior walls between adjacent buildings with different owners: Granted as proposed.
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.