Appeal 34925

Appeal Summary

Status: Decision Rendered

Appeal ID: 34925

Submission Date: 8/5/25 8:49 AM

Hearing Date: 8/20/25

Case #: B-1 (previous week)

Appeal Type: Building

Project Type: commercial

Building/Business Name: Berth 315

Appeal Involves: Erection of a new structure

Proposed use: Vessel Moorage

Project Address: 5225 N Channel Avenue

Appellant Name: Bill Burgstiner

LUR or Permit Application #: Permit 24-106568-CO

Stories: 0 Occupancy: U Construction Type: Steel

Fire Sprinklers: No

Plans Examiner/Inspector: Kevin Wells

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

PCC Title 28.06 (Floating Structures), including the applicable section of OSSC 1803.6.5 (Specific to mitigation of liquefaction), and ASCE 7-16 (Section 12.13.9)

Requires

Requires mitigation against seismic hazards present at the site, including liquefaction and
lateral spread.

Code Modification or Alternate Requested

Allow the installation of the trestle, dolphins, work platforms and mooring structures without mitigation of liquefaction and
lateral spread.

Proposed Design

The proposed dolphin and mooring structure design is an improved reproduction of previous designs that have been in use
at the Port of Portland since 1985 and have proven successful. The previous design has been analyzed using modern
computer program structural analyses that were not available when the structures were initially designed and installed.
This improved design uses high-strength steel (yield strength 50,000 psi) versus the previous design (36,000 psi) and also
incorporates larger beam bracing thus providing an improved capacity of the mooring.
In addition, the mooring structures are designed with oversized cross arms such that vessel mooring lines will remain
attached during movements of the structures in a seismic event.

Reason for alternative

Non-mitigation will not present a risk to public safety for the following reasons:
• This facility is not a designated emergency response facility within the Port of Portland.
• The dolphins and mooring structures are unoccupied, other than personnel that may be on board a moored vessel,
and thus there is essentially no risk to human life.
• The proposed structures are not accessible to the general public and the design is not expected to present a risk to
public safety.
• The facility is an existing ship mooring dock that consists of multiple structures (breasting dolphins and mooring
structures) also subject to soil liquefaction and lateral spread.
• Structural retrofit of such structures and design of new structures for these displacements is impractical and cost
prohibitive.
• Berth 315 is currently used as a layberth for double breasted vessels of similar size as the proposed condition. The
Project will not change the use at the facility.
• The proposed new structures will be stronger than the existing and will serve to enhance and strengthen the overall
structural capacity of the mooring dock.
The property owner, the Port of Portland, is aware of the code appeal and supports the alternate design. Please see the
letter of support submitted with this appeal application form.

Appeal Decision

Item 1a: Allow installation of dolphins and mooring structures without mitigation of liquefaction and lateral spread: Granted as proposed.
Item 1b: Allow installation of pier structures such as the trestle and work platforms without mitigation of liquefaction and lateral spread: Granted provided the dock remains non-accessible to the general public and is limited to military/federal functions.

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.

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.