Appeal 34930

2022 Oregon Structural Specialty Code (OSSC) Table 2902.1

The code requires plumbing fixtures to be provided in accordance with Table 2902.1, based on occupant load and use classification. For Assembly Group A-2 occupancy with the proposed occupant load, OSSC Table 2902.1 requires a total of 14 water closets (7 per gender) and 8 lavatories (4 per gender).

This request is to retain the existing plumbing fixture configuration as described below.

The existing building provides a total of:
• 6 water closets (3 female, 1 male, 2 all-gender)
• 2 urinals
• 6 lavatories (2 female, 2 male, 2 all-gender)
No alterations to the building are proposed under this permit, which is for a change of occupancy only. The restrooms are existing and have served similar uses in the past.

The current restroom fixture count does not meet the minimum required by OSSC 2902.1 for the new A-2 occupancy. However:
• The space is existing, and no building alterations are proposed.
• Adding plumbing fixtures would result in significant construction and cost impacts, including structural, accessibility, and utility changes.
• Restroom expansion is technically infeasible without major disruption to the building’s layout and structure.
• The business has been in continuous operation since 2024 under a similar use and occupancy, with no restroom-related code enforcement or safety issues.
• The prior two tenants had similar assembly uses with similar occupant loads, and the existing restroom configuration served those operations adequately.
• Areas of the building with non-concurrent use include the lobby and exterior area which could further increase the required number of fixtures for the same users.

Alternate Means and Methods / Equivalency Proposed
We request approval to retain the existing restrooms based on the following:
• Life safety measures exceed code minimums:
o Building is fully sprinklered throughout.
o Smoke detectors are provided in various locations.
o The building underwent seismic upgrades in 2013 in accordance with City Title 24.85.
• The restroom configuration includes four distinct restroom options, including all-gender facilities, increasing accessibility and reducing wait times during peak hours.
• Urinals supplement male fixture count, which is allowable per OSSC under Table 2902.1.
• There is no increase in occupant load beyond what the existing restrooms have historically accommodated.
• The request is consistent with the intent of OSSC 2902.1 to ensure adequate sanitary facilities for the health and convenience of occupants, and the proposed conditions have demonstrated acceptable performance in practice.

Conclusion
Given that this is a change of occupancy only with no proposed alterations, and that the existing restroom facilities have served similar occupancies with no performance or safety issues, strict enforcement of OSSC 2902.1 would impose an undue financial and technical hardship. The existing restrooms, in conjunction with enhanced fire/life safety systems and prior structural upgrades, provide an equivalent level of safety and sanitation and meet the intent of the code.

We respectfully request approval of this appeal to retain the existing plumbing fixture configuration without modification.