Appeal 35045

Chapter 24.85 Seismic Design Requirements for Existing Buildings

Table 24.85-A requires a structural analysis if there is change of the Relative Hazard Classification. The previous tenant and original building was M (Mercantile) per the OSSC Occupancy Classification and the proposed new tenant is a gymnasium. A gymnasium is typically an A-3 Assembly Occupancy.

Table 24.85-A requires a structural analysis if there is change of the Relative Hazard Classification. This appeal is to consider this particular tenant as a B occupancy rather than an A occupancy. A gymnasium is typically an A-3 Assembly occupancy.

The purpose of this appeal is to request that the proposed Planet Fitness tenancy be classified as a Business (Group B) occupancy rather than an Assembly (A-3) occupancy. This request does not involve any changes to the building’s construction or life-safety systems; it solely concerns the appropriate interpretation of code and occupancy classification based on actual operational use.

Although gymnasiums are often categorized as A-3 occupancies, the conditions typically associated with that classification—large group classes, gatherings, or assembly-type activities—do not exist within this Planet Fitness facility. Planet Fitness does not offer group fitness classes and does not contain large open rooms designed for assembly. Entry is limited to members only, eliminating the possibility of sudden, uncontrolled surges in occupancy that can occur in other assembly uses such as churches, meeting halls, or even retail stores during peak events.
Additional supporting factors include:

1. Actual Use Pattern: With no group classes or assembly-type programming, the functional use of the space aligns more closely with a Business occupancy.
2. Maximum Practical Occupancy: Even under a conservative worst-case scenario—144 equipment stations in use, 5 staff present, 11 Black Card Spa units occupied, and 12 plumbing fixtures (toilets/showers/urinals) in use—the total occupant load would be 172, well below typical assembly thresholds.
3. City-Approved Variance & Historic Traffic: The City of Portland has approved a variance recognizing an occupant load of 285, which remains 126 occupants below the previous Nike retail store’s designed load of 411. In addition, Nike retail stores typically receive approximately 1,100 unique visitors per day, significantly higher than the 600–800 average daily unique visitors at Planet Fitness locations in Portland. The building has therefore historically supported far greater daily traffic than what is expected under the proposed use.
4. Code Allowance: OSSC 2022 Section 304.1 provides for gymnasium-type uses to be classified as Business occupancy when appropriate based on their actual operational characteristics.
5. Operational Data: Planet Fitness operations report that the highest observed occupancy at comparable locations is approximately 120 occupants, significantly below both the calculated and previously approved loads.
6. Additional Safeguards: The tenant is willing to install an electronic People Counter with a programmed occupancy limit to provide real-time monitoring and further ensure compliance with any conditions of approval

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This appeal has been previously denied for not providing “equivalent fire and life safety” measures. We would ask this be reconsidered because of the aforementioned operations of this business which makes it’s function more akin to a business occupancy than an assembly occupancy --- especially in that it is reducing the proposed occupant load by 30% as previously approved. It is our understanding that the intent of the code is to require higher levels of protection when there are larger concentrations of occupants. And unlike other occupancies that may have those who cannot self-egress, those in a gymnasium are typically more able-bodied than the average business occupant.
Lastly, the large volume of flammable materials previously stored on the mezzanine are to be removed and replaced with unconcentrated gym equipment. Larger exercise equipment is stationary is not able to be moved about randomly to better assure maintaining proper egress.

This appeal is to meet (if not exceed) the intent of the code by effectively lowering the original building occupant load it was designed for by 30% regardless the occupancy classification. Classification as a Business occupancy provides a complaint solution to occupy the current vacant building without triggering the extensive structural analysis and potential costly upgrades that could exceed the cost to pursue the project. Those upgrades are intended for other higher-loaded types of Assembly uses.