Appeal 35072
Appeal Summary
Status: Decision Rendered
Appeal ID: 35072
Submission Date: 1/13/26 2:08 PM
Hearing Date: 1/21/26
Case #: B-2
Appeal Type: Building
Project Type: commercial
Building/Business Name: Bridges Middle School
Appeal Involves: other: Change of Occupancy from 'B' to 'E'
Proposed use: Therapeutic Middle School, grades 5-8
Project Address: 1250 NW 17th
Appellant Name: Christopher Brown
LUR or Permit Application #: Permit 25-060531-CO
Stories: 1 Occupancy: E Construction Type: III-B
Fire Sprinklers: Yes - Throughout
Plans Examiner/Inspector: Steven Freeh
Plan Submitted Option: pdf [File 1] [File 2] [File 3]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 1004.5 Areas without fixed seating |
|---|---|
| Requires | Where approved by the building official, the actual number of occupants for whom each occupied space, floor or building is designed, although less than those determined by calculation, shall be permitted to be used in the determination of the design occupant load. |
| Code Modification or Alternate Requested | Appeal requests a modified occupant load based on non-simultaneous occupancy per the exception to OSSC 1004.5. |
| Proposed Design | The total calculated occupant load of the building is 667 occupants, of which the simultaneous E occupant load is calculated at 579 occupants. The E occupancy rooms of the building are used in two different ways and may be divided into one of two types of spaces, instructional or communal. Refer to the attachment:
a. Note: Open Area 109 is currently indicated as E occupancy on the submitted permit set. This area will primarily be used by faculty/visitors, and is considered as B occupancy under the appeal and will be updated accordingly on the final permit. Students at the school will occupy only one of the two types of E spaces in the building at a time – in classrooms receiving instruction, or in the common areas when not being taught. The total calculated occupancy for the instructional spaces is 246. The total for student common spaces is 333. As the capacity of the school is governed by the number of students it can teach, this appeal requests acceptance of an E occupant load of 246 occupants based on the non-simultaneous occupancy of instructional and common spaces in the building. |
| Reason for alternative | Bridges Middle School is a school for children for learning differences. It recently moved into the building at 1250 NW 17th Avenue, displaced by the needs of the Cottonwood School. The code requires buildings that have undergone a change of occupancy to be reevaluated per the requirements of that occupancy. Portions of the building that were classified as B occupancy under the previous permit have been reclassified to E under the current permit. When reevaluated against the risk category criteria of OSSC Table 1604.5, the change in occupancy and calculated occupant load increase pushes the building into Risk Category III classification:
This trigger is only caused by the calculated occupant load of the E occupancy; no other changes to the building meet any of the criteria of Risk Category III. The calculated occupant load for the E occupancy spaces of the building is 579 occupants, which exceeds the 250 occupant threshold for E occupancy for Risk Category III. Under daily use, students in the building will only be located in either the instructional spaces or the commons spaces. The school does not have after school events, does not host students When calculated as occupying either an instructional space or a commons space, the non-simultaneous instructional occupant load for the E occupancy is under the 250 occupant threshold for Risk Category III. Refer to the attachment, which indicates instructional areas in red, and commons areas in blue. The instructional areas total 246 occupants, and the commons areas total 333 occupants. The school cannot accept more students that it has the capacity to As Bridges Middle School’s students can only be in the learning areas or commons areas but not both at the same time, and the daily building operations will not bring additional students into |
Appeal Decision
Determination of Bridges Middle School as Risk Category II with a maximum occupant load of the full structure to be no more than 246 occupants: Granted as proposed for this tenancy only.
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 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.