Appeal 20299
Appeal Summary
Status: Decision Rendered
Appeal ID: 20299
Submission Date: 4/19/19 5:32 PM
Hearing Date: 4/24/19
Case #: B-015
Appeal Type: Building
Project Type: commercial
Building/Business Name: The Radiator/Instrument
Appeal Involves: Alteration of an existing structure
Proposed use: Office
Project Address: 3530 N Vancouver Ave
Appellant Name: Josiah Henley
LUR or Permit Application #: Permit 19-143875-CO
Stories: 1 Occupancy: B Construction Type: III-B
Fire Sprinklers: Yes - Throughout
Plans Examiner/Inspector: Steve Mortensen
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
Code Section | 1004.1.2 Areas without fixed seating |
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Requires | The number of occupants shall be computed at the rate of one occupant per unit of area as prescribed in Table 1004.1.2. For areas without fixed seating, the occupant load shall not be 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 1004.1.2. Where an intended function is not listed in Table 1004.1.2, 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 | |
Proposed Design | The Radiator building is a 5-story commercial building of Type III-B construction completed in 2014 (original permit #13-164353-CO) that is fully sprinklered. Instrument, a digital branding and user experience design company, is looking to move into 7,746 SF of leasable space on the 2nd floor. The intended use of the space, open office, is similar to the previous tenant, a marketing company (previous permit #16-108649-FA type B occupancy). The minimal changes being proposed are the removal of some private office walls to create open office and the addition of a mother’s room (see attached plans). As permitted by section 1004.1.2 we are requesting that the building official approve an occupant load factor of 100sf/person gross for the entire 2nd floor leased by Instrument. This will be used for code compliance evaluations including determining the seismic triggers per Title 24.85 of the City Code. |
Reason for alternative | The maximum number of employees based on Instrument’s layout is 60 people max, with no plans to grow beyond this number for the floor. This equates to an actual occupant load of 129.1 sf/occupant (7,746 / 60), which is less dense than the proposed 100 sf/occupant load factor. The floor will be used by Instrument employees on this suite only and will not be used to receive customers. This office will be used by a dedicated project team working with a confidential client who requires signed Non-Disclosure Agreements, even from other Instrument employees not working on this floor, to enter the space. Guests and Individual employees from other Instrument locations will have very limited access and will require approved key card access to enter the space. Rooms labeled as conference rooms and assembly areas will be used by employees of the suite only for internal meetings and teleconference web meetings with a remote client. These rooms are not assigned to employees and will remain empty when not in use. The number of exits provided meets the number required and all egress components (stairs, doors, and paths of travel) meet or exceed requirements per 2014 OSSC Chapter 10 except for an egress corridor width which was granted an appeal (#20191) on 04/03/2019. This appeal was to leave the egress corridor width as is (42”) with the addition of a new smoke detection system being added to the floor that meets NFPA 72 requirements (See attached plans for information regarding documented egress requirements and appeal). All egress components could serve up to 215 occupants, which is more than would be required, even if all conference rooms and assembly spaces were calculated at 15 sf/occupant per Table 1004.1.2. We believe this proposal still necessary to bring the total occupant load to a more realistic number for the intended use and avoid the necessary whole-building area and occupancy analysis to look for seismic triggers per Title 24.85 of the City Code. Any seismic triggers would be fruitless since there are no significant differences in structural requirements between 2010 OSSC (existing building shell permitted under) and 2014 OSSC. We request that you grant this appeal for these reasons:
-The actual occupant load of 129.1 sf/occupant is less dense than the permitted 100 sf/occupant. |
Appeal Decision
Reduction in occupant load factor to reflect actual use and avoid seismic upgrades: Granted as proposed for this tenant and configuration.
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 180 calendar days of the date this decision is published. For information on the appeals process and costs, including forms, appeal fee, payment methods and fee waivers, go to www.portlandoregon.gov/bds/appealsinfo, call (503) 823-7300 or come in to the Development Services Center.