Appeal 34917
Appeal Summary
Status: Decision Rendered - Reconsideration of Appeal ID 34809
Appeal ID: 34917
Submission Date: 7/24/25 4:45 PM
Hearing Date:
Case #: B-2
Appeal Type: Building
Project Type: commercial
Building/Business Name: Melody Event Center
Appeal Involves: Alteration of an existing structure,Reconsideration of appeal
Proposed use: Event Venue
Appeal Information Sheet
Appeal item 1
| Code Section | 102.6 |
|---|---|
| Requires | The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code |
| Code Modification or Alternate Requested | The Fire Marshal has asked PP&D to clarify the Occupancy of the building. For the past 100 years, the building has been used in the same manner - what would currently be designated as A2: Large Assembly with food and drink served. Beginning in 1984 under the UBC, the building has been mis-categorized as A3. Under the UBC it was an A2 Occupancy. The A3 designation has been carried forward through multiple renovation Permits through the years even though the building has always been used as A2. |
| Proposed Design | Regardless of the label placed on the Use, the building had operated in the same way, hosting large and small events with food and drink served, since the 1920's; before there ever was a UBC or IBC. Currently, the building does not meet the smoke detection / fire alarm / fire sprinkler requirements of an IBC A2 occupancy. However, IBC 102.6 allows the continued use as operated - a "Nonconforming A2"Though not required by IBC 102.6, the Owner is willing to add smoke detection and monitored fire alarm at this time and will provide dedicated staff for Fire Watch for events with over 500 occupants which is the Fire Marshals main concern. |
| Reason for alternative | The Owner wishes to operate as safe a venue as possible and there has never been an incident involving life safety in the building. However, the impact to the business operations having to be shut down during the Covid-19 pandemic has left the Owner without fundsto add sprinklers. It should be noted that prior to purchasing the building in 2016, the Owner met with BDS and was told that sprinklerswere not required to be added to continue business operations in the same manner. It should be noted that IBC 102.6 does not require any modifications to be made and the smoke detection, fire alarm, and fire watch will all provide a significant improvement in occupant Life Safety. Reconsideration Text: |
Appeal Decision
Item 1a: Establish main level as existing A-2 occupancy: Denied. Proposal does not provide equivalent fire and life safety. A building permit is required to change the occupancy from A-3 to A-2.
Item 1b: Phased partial fire sprinkler improvements in lieu of automatic sprinkler system provided throughout all stories containing A-2 occupancies for change of occupancy from A-3 to A-2: Granted provided the A occupancy spaces and exit ways on the lower level are included in the phased schedule and fully sprinklered by Dec. 31, 2028 and a legal agreement between the building owner and the City outlining the phased sprinkler improvements is signed and recorded with the property deed at the County.
Appellant may contact Sarah Daley (971-438-7938) with questions.
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 the 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.
Under 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 how to appeal to the Building Code Board of Appeal, go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov.