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POL Government Elected Officials Auditor Mary Hull Caballero Charter, Code and Policies City Code & Charter Online Code & Charter Title 25 Plumbing Regulat Chapter 25.07 Appeals
Chapter 25.07 Appeals

- Note

(Chapter replaced by Ordinance No. 187432, effective December 4, 2015.)


25.07.010 Bureau of Development Services Administrative Appeal Board.

A.  Appointment of Administrative Appeal Board.  The Bureau of Development Services Administrative Appeal Board consists of the Building Official and Bureau staff members appointed by the Director.  In appointing staff members, the Director will consider the issues presented by the appeal, and what particular expertise will be helpful in addressing those issues.  The staff will act in an advisory capacity to the Building Official.  The Administrative Appeal Board may:

 

1. review appeals of the Bureau’s application and interpretation of the State of Oregon Plumbing Specialty Code adopted in this Title (“Plumbing Code”);

 

2. review requests for modifications to the strict application of the Plumbing Code; and

 

3. review requests to use alternative materials, design or methods of construction and equipment.

 

B.  Appeals to the Administrative Appeal Board and Final Decisions.  Any person aggrieved by a decision of the Bureau related to the application and interpretation of this Title or the Plumbing Code or who wants to request consideration of an alternative material, design or method of construction may file an appeal with the Administrative Appeal Board.  Such an appeal must be filed within 180 days of the Bureau decision being appealed; provided, however, the Plumbing Code in effect at the time the Bureau decision was made shall be applied to the administrative appeal.  The Administrative Appeal Board may:

 

1. grant an appeal if the Administrative Appeal Board finds that the Plumbing Code was not correctly interpreted or applied; or

 

2. approve an alternative material, design or method of construction if the Administrative Appeal Board finds that any such alternative complies with the intent of the Plumbing Code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the Plumbing Code in quality, strength, effectiveness, fire resistance, durability, and safety.  The Administrative Appeal Board may not waive the requirements of the Plumbing Code.  The Administrative Appeal Board review will culminate in a final decision by the Building Official.  The Administrative Appeal Board meeting is not open to attendance by the appellant or the public. The Bureau will provide final decisions to the appellant by publication of the decision on the Bureau’s website within 10 calendar days of the hearing, provided the Bureau has received all required information from the applicant.

 

C.  Reconsideration of Final Decisions and Appeals to the Plumbing Code Board of Appeal.  Any person aggrieved by a final decision of the Building Official made under Subsection B. above may either file a reconsideration of that decision within 180 days of the decision based on new or revised information or appeal the decision to the Plumbing Code Board of Appeal in accordance with Section 25.07.010 within 90 days of the final decision being appealed.  There is no additional fee for the first reconsideration of an Administrative Appeal Board decision or for an appeal to the Plumbing Code Board of Appeal.  The Plumbing Code in effect at the time of the final decision being reconsidered or appealed will be applied to the reconsideration or subsequent appeal to the Plumbing Code Board of Appeal.

 

D.  Fees for Appeals.  The fees for administrative appeals shall be as stated in the Fee Schedule adopted by the City Council.  The current approved Fee Schedule is available at the Development Services Center and on the Bureau’s website.


25.07.020 Plumbing Code Board of Appeal.

 

A.  Appointment of Plumbing Code Appeal Board.  In order to hear appeals of final decisions of the Building Official made under Section 25.07.010, there has been created a Plumbing Code Board of Appeal, consisting of three members appointed by the Mayor and approved by the City Council.

 

1.  Each member must be qualified by experience and training to make decisions pertaining to the Plumbing Code and matters pertaining to plumbing.  At least one member must be a licensed plumbing contractor qualified through experience and training to decide matters concerning the safety of installations and devices regulated by this Title; one member shall be a person engaged in the design of plumbing installations qualified through experience and training to decide matters concerning the safety of installations and devices regulated by this Title; and one member must be qualified through training and experience to make decisions pertaining to the Plumbing Code and matters pertaining to plumbing.

 

2.  Plumbing Code Board of Appeal appointments shall be for three-year terms.  Appeal Board members may serve no more than two complete three-year terms, unless the Director recommends approval of a longer term, and the Mayor and City Council approve the extended appointment.  Vacancies occurring prior to the end of a term for whatever cause may be filled by qualified persons through appointment by the Mayor for the remainder of the term.

 

3.  Any member may be removed by the Mayor for incompetence, dereliction of duty, incapacity or other sufficient cause.

 

4.  Members of the Plumbing Code Appeal Board shall comply with the State ethics laws applicable to public officials.

 

5.  Members of the Plumbing Code Appeal Board shall serve in a voluntary capacity and without pay.

 

B.  Appeals to the Plumbing Code Board of Appeal.  The Plumbing Code Board of Appeal may review Administrative Appeal Board decisions or any other final decision of the Building Official or Director related to the application and interpretation of the Plumbing Code.  The Plumbing Code appeal will be limited to the facts and record reviewed by the Administrative Appeal Board, Building Official or Director related to the decision being appealed.  A hearing will be held within 30 days after an interested party submits a written appeal to the Plumbing Code Board of Appeal.  A panel of three Plumbing Code Board of Appeal members will hear each appeal.  The Board may, by a majority vote, affirm, annul, or modify the decision.

 

C.  Powers and Limitations of Authority of the Plumbing Code Board of Appeal Board.  The Plumbing Code Board of Appeal may provide reasonable interpretations of the requirements of the Plumbing Code and may grant an appeal if the Board finds one of the following:

 

1. the Building Official or Director did not correctly apply or interpret the Plumbing Code; or

 

2. any alternative material, design or method of construction and equipment complies with the intent of the Plumbing Code and the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the Plumbing Code in quality, strength, effectiveness, fire resistance, durability, and safety.  The Plumbing Code Board of Appeal may not waive the requirements of the Plumbing Code.

 

Any person aggrieved by a final decision of the Plumbing Code Board of Appeal may, within 30 days after the date of the decision, appeal to the appropriate advisory board of the State of Oregon Department of Consumer and Business Services.