Appeal 35234

Appeal Summary

Status: Decision Rendered

Appeal ID: 35234

Submission Date: 6/3/26 8:41 PM

Hearing Date: 6/10/26

Case #: B-7

Appeal Type: Building

Project Type: commercial

Building/Business Name: Safeway

Appeal Involves: other: Installation of a 40' Shipping Container in a Safeway Parking Lot on existing Asphalt

Proposed use: Bottle & Can Storage

Project Address: 3527 SE 122nd Ave

Appellant Name: Robert Taylor

LUR or Permit Application #: Permit 26-032348-000-00-CO

Stories: 1 Occupancy: S-2 Construction Type: self supporting, modular steel-frame design

Fire Sprinklers: No

Plans Examiner/Inspector: David Tarries

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]   [File 4]   [File 5]   [File 6]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

OSSC 3114 and Building Code Guide 96-11

Requires

OSSC 3114 provides structural requirements for intermodal shipping containers for use as buildings or structures including requirements for lateral loading and permanent foundations.

Code Modification or Alternate Requested

Approval is requested to use Building Code Guide 96-11 in lieu of the requirements of OSSC Section 3114, including the requirement that the containers be placed on permanent foundations. The request also seeks a modification of the Building Code Guide provisions to allow the containers to be equipped with electrical service, and lighting.

Proposed Design

The storage container will be anchored to resist sliding and overturning resulting from lateral loads by means of twist-lock anchors installed at each of the four corner transport anchor points. Each twist-lock anchor will be secured using a 3/4-inch × 30-inch double-head alloy tent stake (1-3/4-inch head), driven through the existing asphalt pavement and embedded into the underlying soil.
The container will include two small openings on one 40-foot side. The combined area of these openings will be less than 10 percent of the area of that side of the container, thereby maintaining the overall integrity of the container and minimizing the impact on wind load resistance.

Reason for alternative

The proposed structure consists of a single 40-foot by 8-foot storage container that will be used as a Bottle Drop facility and classified as an S Occupancy. Given its limited size, low occupant load, and storage use, the container presents a very low risk to public safety in the event of a seismic or wind event.
To address potential lateral loads, the container will be anchored to resist sliding and overturning. The proposed anchorage exceeds the minimum requirements of Building Code Guide 96-11 and provides an enhanced level of stability and safety.
In addition, the two proposed openings on the 40-foot side of the container will have a combined area of less than 10 percent of the area of that side. As a result, the structural integrity of the container will be substantially maintained, and the effect on its wind load resistance will be minimal.

Appeal Decision

Allow use of Building Code Guide 96-11 in lieu of the requirements of OSSC Section 3114 including electrical lighting, small opening cut-out and attachment of canopy: Granted provided the proposed anchorage provides adequate resistance to applicable lateral loads and that the canopy over the new openings is designed in accordance with the applicable code requirements, subject to verification during plan review. Separate electrical permit is also required.

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

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