Appeal 35023

Portland Title 24.85.040

Seismic upgrades are triggered either if more than 1/3 of the area changes or if more than 149 occupants are added. You need to show that less than 150 occupants are added and that not more than 1/3 of the building area is changing to a higher hazard. If either one of this limits is exceeded a seismic upgrade is triggered.
RECONSIDERATION: Based on the feedback received from the initial appeal, we have revised the occupant load factors in the lobby to a non-simultaneous use and assigning it a 150 sf per person occupancy load. The combination of the reduced lobby load combined with the occupancy load for the other areas puts the occupancy load at 285 per OSSC section 1004. As this is below 300 the seismic requirements are reduced to Risk Category II.

2022 OSSC 1004.5 Areas without fixed seating
The number of occupants shall be computed at the rate of 1 per unit of area as prescribed in Table 1004.5. For areas without fixed seating, the occupant load shall not be less than that number determined by dividing the floor area under consdieration by the occupant load factor assigned to the function of the space as set forth in Table 1004.5. Where an intended function is not listed in Table 1004.5, the building official shall establish a function based on a listed function that most nearly resembles the intended fuction.

The proposed club has 130 different fitness stations and 11 Black Card Space equipment pieces. With an assumption of 5 staff members that would be a total of 146 occupants provided every piece of fitness and spa equipment is in use and all staff members are present in one shift. Furthermore, with an assumption of every plumbing fixture occupied in each locker room (18 fixtures) that would be a total of 164 occupants in a worst-case scenario. Note that the plumbing fixture count will remain at the higher calculated load. The limiting 145 number would be posted as the maximum occupant load but even in worst-case scenario, 164 is still 136 occupants below 300.

As an additional means of ensuring the occupant load is tracked and enforced, we propose a third-party automated electronic people-counting system – SMS 3D ScopeII LC Real Time package. This would be specified as a part of construction plans and would have an automated alert set to notify staff if the total count reaches the stated maximum occupant load and that they could not allow any more occupants in the building until other users exit. Thus, we would appeal to keeping this as a Risk Category II building.

We are writing an appeal for the acceptance of a limited occupancy for the proposed Planet Fitness in Multnomah County which will relieve certain structural requirements under a reduced load. To be able to reduce the scope structurally of the seismic upgrades that have been triggered by the change of use, M to A-3, per Portland title 24.85.040, we would like to limit occupancy to 145. Historically Planet Fitness has never reached over an occupancy of 125. We would further reinforce this occupant limitation with a people counter and signage. Planet Fitness operations does not include any classes that may be found in other gymnasiums or A-3 assemblies. Planet Fitness also possesses large pieces of equipment that take up an adequate amount of floor space that isn't always occupied.

The tabulated occupant based solely on 2022 OSSC area size and use is 320 and this AHJ did not accept the reduced occupant load that removed circulation from that calculation that brought us to 297. However, based on our subsequent correspondence with Planet Fitness, the highest count they have witnessed in an operating club is 125 occupants. Statistical data is obtained from Planet Fitness's member check-in system historical records in over 2,600 locations across the U.S. Most Planet Fitness clubs are about 24,000 SF and since this club is 17,400 SF we believe that the average count would be even lower than 125. This is our appeal to historical data.
RECONSIDERATION: Per John Cooley's email dated 10.23.2025, we propose considering the waiting area as a
non-simultaneous use and giving it a 150 sf per person occupancy load. The combination of the reduced lobby load combined
with the occupancy load for the other areas puts the occupancy load at 285 per OSSC section 1004.