Appeal 35017
Appeal Summary
Status: Decision Rendered- Reconsideration of Appeal 34976 (09.24.25)
Appeal ID: 35017
Submission Date: 10/22/25 4:59 PM
Hearing Date: 10/29/25
Case #: B-4
Appeal Type: Building
Project Type: commercial
Building/Business Name: James Beard Public Market
Appeal Involves: Alteration of an existing structure,Reconsideration of appeal
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]
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 | RECONSIDERATION: The horizontal shutter is proposed to be located at the Ground Floor level, instead of the Level 1 level as previously approved in Appeal ID #34976. See revisions to stamped fire report (Rev01) attached. Request to use a rated horizontal shutter to protect the atrium as a 2-story vertical opening. |
| Proposed Design | RECONSIDERATION: See new horizontal shutter location in the stamped Fire Report Rev01 attached. ORIGINAL APPEAL (updated to match new shutter location): The atrium will be equivalent to a 2-story opening because it is separated from the Basement level 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. The remainder of the fixed floor will remain unrated as allowed for Type III-B construction. |
| Reason for alternative | RECONSIDERATION: See new horizontal shutter location in the stamped Fire Report Rev01 attached. ORIGINAL APPEAL (updated to match new shutter location): 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 Decision
Use of rated horizontal shutters to create an atrium that connects only two stories: Granted provided the horizontal shutters protecting the vertical openings are capable of independent activation by each of the following: Sprinkler system waterflow switches, beam detection.
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.