Appeal 35063

Appeal Summary

Status: Decision Rendered

Appeal ID: 35063

Submission Date: 12/31/25 3:08 PM

Hearing Date: 1/7/26

Case #: B-3

Appeal Type: Building

Project Type: commercial

Building/Business Name: James Beard Public Market

Appeal Involves: Alteration of an existing structure

Proposed use: Culinary Market

Project Address: 622 SW Alder St

Appellant Name: Caitlynn Holmes

LUR or Permit Application #: Permit 25-039210-CO, 25-039717-CO

Stories: 3 Occupancy: A-2, M, S Construction Type: III-B

Fire Sprinklers: Yes - Throughout

Plans Examiner/Inspector: John Cooley

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

Table 601, Fire-Resistance Rating for Exterior Load Bearing Walls in Type III-B Construction

Requires

Table 601 requires load-bearing exterior walls to be 2-hour fire-resistance rated for Type III-B Construction.
Section 704.10 requires load-bearing structural members on the outside of a building to be rated as required by Table 601 for exterior bearing walls.

Code Modification or Alternate Requested

Request for highlighted exterior load-bearing walls enclosing three rooms at the roof to be unrated and for columns of the roof pavilion to be unrated (see Attachment A); all other elements will be rated as required.

Proposed Design

The James Beard Public Marketplace will include an occupied roof with a rooftop bar serving an unenclosed pavilion. The proposed design is to provide the prescriptive fire-resistance ratings required of building elements per Table 601 and §704.10, with the exception of the unrated pavilion columns and of unrated exterior walls which enclose the Rooftop Bar (Room 311), the Mechanical Room (Room 301), and a small Storage Room.

See Attachment A for a description of how building elements will be rated at the roof.

In lieu of providing a fire-resistance rating at these columns and select exterior walls, the Rooftop Bar, Mechanical Room, and Storage Room will be protected by smoke detectors which are tied to the fire alarm system.

Reason for alternative

The occupied roof will include an open-air pavilion supported by columns, and an enclosed Rooftop Bar, Mechanical Room, and Storage Room. The three rooms have walls which are not otherwise required to be rated, except that they are exterior load-bearing exterior walls in Type III-B construction. The open-air pavilion columns are load-bearing structural members required to be rated as structural members outside of a wall.

CODE INTENT
The IBC Code and Commentary for Table 601 explains that the intent of the fire-resistance rating requirements for load-bearing walls is “to delay the vertical load-carrying collapse of a building due to fire exposure for a predetermined amount of time.”

The Rooftop Bar, Mechanical Room, and Storage Room are small enclosures, each being less than 400 square feet. These rooms would only be occupied by employees or building maintenance staff that would be familiar with the building layout and location of the two exits provided at the roof. The estimated evacuation time to egress the mechanical room, which has the longest travel distance, is less than 15 seconds*. Upon egressing either space, occupants have a choice of proceeding to two different exit stairways. Due to the limited occupancy and size of the rooms, egress from these spaces can occur well before the threat of a potential collapse of the structure due to fire exposure, without requiring a fire-resistance rating.

The Rooftop Pavilion is approximately 1,350 square feet, with a rated stair enclosure provided at opposite ends. Based on the longest travel distance from the center of the pavilion, occupants can reach a rated exit in less than 10 seconds* and begin queuing to enter the enclosure.

*Travel times calculated based on an average walking speed of 4.10 ft/s as referenced in SFPE 4th Edition; travel distance to exit the mechanical room and travel distance to reach an exit enclosure from the pavilion center are less than 50’. Travel distance to reach an exit enclosure from the center of the pavilion is less than 40’.

OTHER CODE REQUIREMENTS
The code also requires exterior wall ratings to consider the Fire Separation Distance to adjacent buildings and properties. The unrated walls are more than 30’ from the Fire Separation Distance line they face, and do not require a rating per Table 705.5.

The columns are part of the primary structural frame, which also does not require a rating per Table 601. It is only per §704.10 Item 2, which requires load-bearing structural members located outside of the building to be rated as required for exterior bearing walls, that a 2-hr rating is required for the columns.

ADDITIONAL PROTECTION
To provide additional protection for the exterior walls, spot type smoke detectors that are tied to the building fire alarm system will be installed inside the Rooftop Bar, Mechanical Room, and Storage Room. This exceeds the baseline code requirements for these rooms, providing quick detection and awareness if a fire originates from these rooms even when unoccupied.

The columns will be of non-combustible construction. The pavilion is unenclosed and open to atmosphere, preventing accumulation of any smoke and heat with unobstructed airflow to the exterior. The pavilion is also centered on the rooftop within rated wall elements on either side that protect against exposure to adjacent buildings.

CONCLUSION:
The proposed design provides equivalent or greater fire/life safety protection to the code intent for exterior wall and column rating requirements. Therefore, we respectfully request that the design be permitted to provide smoke detectors in the three rooms in lieu of rating the exterior walls and columns identified in Attachment A.

Appeal Decision

Item 1a: Omission of fire-resistance rating for exterior columns at the third floor of Type IIIB building: Granted as proposed.
Item 1b: Omission of fire-resistance rating for exterior bearing walls at the third floor of Type IIIB building: Denied. Proposal does not provide equivalent fire and life safety.
Appellant may contact John Cooley (503-865-6533) with questions.

For the item granted, the Administrative Appeal Board finds 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 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.