25.07.020 Authority.
(Amended by Ordinance Nos. 168183 and 176955, effective October 9,
2002.)
A. Any applicant for a plumbing permit whose application has
been rejected by the Plumbing Inspector, or any person who shall have been
ordered by the Inspector to incur expense in the alteration, repair, or
construction of a plumbing or drainage installation may, within 10 days
thereafter appeal such action by serving upon the Plumbing Division of the
Bureau of Development Services a notice in writing of the appeal, the notice or
a certified copy thereof shall be at once transmitted to the Board of
Appeals. After the notice to the parties as the Board may direct, a
hearing shall be had, and the Board may affirm, annul, or modify the action of
the Plumbing Section. The decision of the Board thereupon shall be in full
force and effect. A certified copy of the Board’s decision in each appeal
shall be delivered to the appellants, and a copy shall be filed for record in
the Bureau of Development Services. The Board of Appeals may vary the
provisions of this Title if it appears that because of the unique circumstances
present the purposes and intent of this Code and proper sanitation and safety
are best served by some other method, procedure, or material.
Upon submission to the Board of Appeals, including the advisory member, types
of plumbing fixtures or valves, devices, or appliances for the direct supplying
and flushing of plumbing fixtures and traps may be approved and may be permitted
to be used by the unanimous vote of the Board after examinations or tests of
such types of fixtures, valves, devices, or appliances have shown that they will
not constitute a sanitary hazard or cause pollution of the water supply.
If it is found by the Board that the fixtures, valves, devices, or appliances do
not comply with the requirements herein specified, the Board of Appeals reserves
the right to revoke any approval, after the permittee has had notice and an
opportunity of a hearing. Record of the approval by the Board of types of
plumbing fixtures, valves, devices, or appliances, as herein set forth, shall be
posted in the Plumbing Division of the Bureau of Development Services; and,
likewise, a record of the approval of equivalent materials and methods approved
by the Board, as herein provided, shall be posted in the Plumbing Division in
the Bureau of Development Services. The provisions relative to approval by
the Board of Appeal for plumbing fixtures, valves, devices, or appliances for
the direct supply and flushing of plumbing fixtures and traps shall apply to
types of relief valves for which approval is sought that they will operate in a
safe and efficient manner and will relieve at the pressures to which they are
set. The provisions as to posting shall also apply. Any requirements
deemed necessary to abate unsanitary conditions in connection with any Plumbing
Inspection not specifically covered in this Title shall be determined by the
Plumbing Inspector, subject to review by the Board of Appeals.
B. If any plumbing contractor, owner, or sewer contractor
refuses or neglects to comply with the provisions of this Title within a
reasonable time after written notice of any violation discovered by the Plumbing
Inspector has been sent, the Board, upon request of the Plumbing Inspector,
shall hold a hearing relative to the alleged violation. At the hearing,
the Board shall determine if the plumbing contractor, owner or sewer contractor
has refused or neglected to comply with the provisions of this
Title.
25.07.035 Registration Review Board.
A. The Board of Appeals shall act as the Registration Review
Board in matters concerning violations of this Title by a plumbing or sewer
contractor. The Review Board is authorized to revoke the registration of a
plumbing or sewer contractor subsequent to a hearing. A revocation of
registration shall be for a period of no less than 6 months.
B. A written notice sent by certified mail shall be issued at
least 10 days prior to the date of any hearing procedure.
C. The State of Oregon Builders Board,
Department of Commerce, and/or the Department Of Environmental Quality shall be
notified of any revocation order issued by the Review Board, including the
length of such revocation.
D. A contractor may appeal the action of the Review Board by
filing a written appeal to the City Council through the Office of the City
Auditor within 10 days of a hearing decision by the Board. The appeal
shall be placed on the next Calendar for a regular Council meeting. There
shall be no fee required for an appeal filed under this
Section.
