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. |
| 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 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 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 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: |
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.