Appeal 35074
Appeal Summary
Status: Decision Rendered
Appeal ID: 35074
Submission Date: 1/14/26 12:23 PM
Hearing Date: 1/21/26
Case #: B-3
Appeal Type: Building
Project Type: commercial
Building/Business Name: CIDA
Appeal Involves: Alteration of an existing structure,occ Change from 2026-05-01 to 2026-06-14,other: Change of Occupancy - no date specified at this time
Proposed use: Indoor sports court
Appeal Information Sheet
Appeal item 1
| Code Section | 1004.5 Areas without fixed seating |
|---|---|
| Requires | The number of occupants shall be computed at the rate of one occupant per unit of area as prescribed in Table 1004.5. For areas without fixed seating, the occupant load shall be not less than that number determined by dividing the floor area under consideration 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 function. Exception: 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 | We request the building official’s approval to reduce the calculated occupant load based on the actual use of the space, rather than the default occupant load factors in OSSC Table 1004.5. |
| Proposed Design | The existing building consists of approximately 12,427 square feet of shop space classified as F-2 occupancy and approximately 4,800 square feet of office space classified as B occupancy. The proposed scope of work includes converting the existing shop space (F-2) into four (4) indoor sports courts, as shown on the attached reference plan. There is no spectator seating, and the spaces between the courts will be used as circulation only. |
| Reason for alternative | Under the Oregon Structural Specialty Code, indoor sports courts are classified as A-3 (Assembly). Based on the occupant load factors in OSSC Table 1004.5, the proposed sports court area would typically be calculated at 50 gross square feet per occupant (exercise room), resulting in an occupant load of approximately 245 persons for the 12,427 square foot space. This increase in assembly occupant load would trigger additional plumbing fixture requirements and potential seismic upgrades that represent an undue cost impact that would eliminate the tenant’s interest in leasing this space. We respectfully request that the occupant load in the sport court area be evaluated based on the actual and intended use of the space, which consists of four (4) padel sport courts (see attached reference plan for court locations). There is no spectator seating. Each court is limited to four (4) players at a time. Even accounting for players waiting to rotate onto the courts, the maximum number of occupants within the space would not exceed thirty-two (32) total (16 active players on the courts and up to 16 waiting). At an occupant load of fewer than 50 occupants, this assembly use would qualify for reclassification as a B occupancy in accordance with OSSC Section 303.1.1. Reclassification to B would significantly reduce the required plumbing fixture count and allow the tenant improvement to proceed. |
Appeal Decision
Determination of design occupant load for indoor sports courts: Granted provided there is no spectator seating and signage is prominently posted "Maximum Occupant Load: 32". Decision can be revoked at the discretion of the Fire Marshal where occupant load is found to be exceeded.
Note: Since this building was originally constructed in 2005, see Building Official Determination 25-02: Seismic Benchmarking for options for buildings built to conform to the 2004 or later edition of the OSSC.
The Administrative Appeal Board finds with the conditions noted, 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.
Under 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 how to appeal to the Building Code Board of Appeal, go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov.