Appeal 34950
Appeal Summary
Status: Decision Rendered
Appeal ID: 34950
Submission Date: 8/20/25 4:06 PM
Hearing Date: 8/27/25
Case #: B-2
Appeal Type: Building
Project Type: commercial
Building/Business Name: Washington High School
Appeal Involves: Alteration of an existing structure,other: Update of Appeal 12667
Proposed use: Office building with Auditorium and Restaurant/Bar (no change)
Project Address: 531 SE 14th Ave
Appellant Name: Steven Ehlbeck
LUR or Permit Application #: Preliminary
Stories: 4 Occupancy: B, A-1, A-2 Construction Type: II-A
Fire Sprinklers: Yes - Throughout
Plans Examiner/Inspector: Jeff Rago
Plan Submitted Option: pdf [File 1] [File 2] [File 3]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | OSSC 3102.1 |
|---|---|
| Requires | 3102.1 General. The provisions of Sections 3102.1 through 3102.17 shall apply to air-supported, air-inflated, membrane-covered cable, and membrane-covered frame structures, collectively known as membrane structures, erected for a period of 180 days or longer. Those erected for a shorter period of time shall comply with the International Fire Code. Membrane structures covering water storage facilities, water clarifiers, water treatment plants, sewage treatment plants, greenhouses and similar facilities not used for human occupancy are required to meet only the requirements of Sections 3102.3.1 and 3102.7. Membrane structures erected on a building, balcony, deck or structure for any period of time shall comply with this section. |
| Code Modification or Alternate Requested | We are requesting permission to install two tents on the roof deck of the renovated Washington High School Building, without meeting the construction type and story requirements of the 2022 OSSC. |
| Proposed Design | The proposed design is a revision/update to the tent design of the previously approved Appeal 12667. The 1,600 sf tent is being replaced with a new 800sf steel framed structure; the 280sf tent is unchanged from the previous design. This appeal also updates the roof deck per the recently completed building permit 24-062286-FA. Both tent structures will comply with the requirements of Section 3102 Membrane Structures and will be provided with the following additional safety measures to address any concerns. LIMITED USE AND MONITORING: STRUCTURAL DESIGN LIMITED FUEL LOADS FIRE PROTECTION MEANS OF EGRESS |
| Reason for alternative | The City of Portland has determined that tent structures on the roofs of buildings shall be designed as permanent structures, even if they were installed on temporary or seasonal basis. The IBC commentary clarifies the reasons behind that approach. Many of the additional safety measures proposed in the 2015 appeal were deemed adequately rigorous to have been adopted as state amendments in subsequent updates to the Oregon Structural Safety Code (OSSC). This proposal reduces the total area of roof deck with a tent cover by more than 40% as compared to the previously approved Appeal 12667. We believe the proposed additional safety measures, operational plans, and net reduction in tent area address any concerns. The concerns addressed in the IBC commentary are as follows:
The following additional measures provide protection beyond the concerns raised by the IBC commentary. We believe that the safety measures and other precautions stated above provide users with protection beyond those anticipated by the code. Therefore, we urge you to approve this proposal. |
Appeal Decision
Installation of two tents for less than 180 days per year over rooftop deck without meeting construction type or story requirements: Granted provided the building owner obtains a Tent Permit through the Fire Marshal’s Office each year and the occupant load of the roof does not exceed 238 as approved in building permit 24-062286-FA.
Note: Decision can be revoked at the discretion of the Fire Marshal where conditions of appeal are not met.
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.