Appeal 15907

111.2, 111.3, 3312.1, OR Fite Code 901.4, 901.4.5, 901.7

111.2 Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing character, use or occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy for such change in character, use or occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.

111.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid.

3312.1 Automatic Sprinkler System: Completion before occupancy. In building where an automatic sprinkler system is required by this code, it shall be unlawful to occupy any portion of a building or structure until the automatic sprinkler system installation has been tested and approved except as provided in Section 111.3

Oregon Fire Code Chapter 9: Fire Protection systems

901.4 Installation. Fire protection systems shall be maintained in accordance with the original installation standards for that system. Required systems shall be extended, altered or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added to. Alteration to fire protection systems shall be done in accordance with applicable standards.

901.7 Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall either be evacuated and/or approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service.
Where utilized, fire watches shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires.

Block 294E & Block 295E is a multifamily mixed-use project comprised of two apartment buildings landed atop a two-story subterranean parking garage. Block 294E, to the North, is a 14-story concrete building comprised of 224-apartments with retail space at ground level. Block 295E, to the South, is a 6-story wood framed on concrete podium building comprised of 161-apartments with retail space at ground level. The subterranean parking garage is continuous below both buildings and is comprised of two floors totaling ~600 parking spaces.
As part of the project, an early occupancy requirement exists in the development and construction agreements. The early occupancy requirement includes 280 parking spaces and 100 bike parking spaces for use by land owner XPO Logistics for use as employee parking prior to the completion of the project. This early occupancy plan is anticipated to be complete and implemented on or about November 1, 2017. At that future point in the project, Block 294E & 295E will still be under construction.
The proposed early occupancy is comprised of the following occupiable elements which are further detailed in the attached OSP:

1. 280 parking stalls & 100 bike stalls, located at the southern portion of the garage, on two subterranean levels (floors P1 & P2).
2. NW Savier St from NW 21st Ave to the garage entry for two-way vehicular traffic only.
3. One vehicular ramp entering from NW Savier St, servicing both P1 & P2.
4. Elevator 4 and Stair 6: Employee pedestrian access and emergency egress.
5. Stair 5: Emergency egress only.
6. Life Safety Systems to support the above occupied areas.

Please see the attached Occupancy During Construction Safety Plan which addresses the following code requirements:
a) Structural Safety
b) Safety During Construction Acitivity
c) Life Safety - Egress & Fire-Life Safety Systems
d) Impairment of Fire Suppression Systems
e) Fire Dept Access including Aerial Access, and hydrant locations
e) Fire Safety Contacts

This early temporary occupancy is proposed so that the employees of XPO Logisitics may occupy portions of the garage not affected by ongoing construction activities, as originally required by the development and construction agreement. This development requirement was instituted to help ease the parking congestion and challenges of the neighborhood, in the spirit of being good neighbors to the local residents and businesses.
When construction of this project began, parking for employees of XPO Logistics was eliminated, and those vehicles were relocated to other surface parking lots that were already in use and near capacity. As a result, other parking lot users were displaced and pushed to neighborhood street parking adding to the congestion and exacerbating the lack of street parking that already exists.
This early occupancy will help free up 280 spaces in surface parking lots which will provide more private parking for businesses and help to ease the neighborhood parking congestion. It will also provide much needed covered bike parking spaces so that employees can have a dry and safe place to store their bikes making them more likely to bike to work rather than drive their car.