Chapter 24.10 Administration and Enforcement


24.10.010 Title.

This Title shall be known as the "Building Regulations," and may be so cited and pleaded and is referred to herein as "this Title."


24.10.020 Purpose.

(Amended by Ordinance No. 163908, effective Feb. 27, 1991.) The purpose of this Title is to provide minimum performance standards to safeguard the health, safety, welfare, comfort, and security of the residents of this City who are occupants and users of buildings, and will provide for the use of modern methods, devices, materials, techniques, and practicable maximum energy conservation by regulating and controlling the design, construction, quality of materials, use, and occupancy, location and maintenance of all buildings, structures and land within this jurisdiction.


24.10.030 Scope.

(Amended by Ordinance Nos. 163237, 163908, 165678 and 176783, effective August 30, 2002.) The provisions of this Title shall apply to the construction, alteration, moving, demolition, repair, and use of any building, structure or land, and to any land clearing or grading within the City. Exceptions are work in the public right-of-way as approved by the City Engineer; publicly constructed sanitary and storm sewer systems and facilities approved by the BES Chief Engineer; and public utility towers and poles, mechanical equipment not specifically regulated in this Code.


24.10.040 Codes.

(Amended by Ordinance Nos. 158651, 162695, 163908, 164950, 166111, 166436, 169312, 169905, 172737, 174891, 177414, 177433, 178745, 179125, 181359, 182370, 184140, 185545, 185798 and 186932, effective December 17, 2014.)

 

A.  Structural Specialty Code.  The provisions of the State of Oregon Structural Specialty Code 2014 Edition, as published by the International Code Council and known as the International Building Code 2012 Edition and amended by the Building Codes Division of the Oregon Department of Consumer and Business Services are hereby adopted by reference.  The Structural Specialty Code is on file in the Development Services Center of the City of Portland.

 

B.  Compliance with recognized standards.  Where requirements of this Title do not provide necessary regulation or are not fully detailed with regard to processes, methods, specifications, equipment testing, and maintenance, standards of design, performance, and installation, and other pertinent criteria, the applicable standards and recommendation of the National Fire Protection Association, as set forth in its National Fire Code shall apply, a copy of which is on file in the City Auditor’s Office.  Said volumes and all subsequent editions are hereby incorporated in this Title by reference.

 

C.  Application of other titles.  Nothing in this Title is intended to permit the establishment or conversion of any structure or use of any land in any zone which is not in accordance with the applicable sections of Title 25 (Plumbing Regulations), Title 26 (Electrical Regulations), Title 27 (Heating and Ventilating Regulations), Title 33 (Planning and Zoning Regulations).

 

D.  Residential code.  The provisions of the State of Oregon, Residential Specialty Code, 2014 Edition, as published by the International Code Council, and known as the International Residential Code, 2009 Edition, and amended by the Building Codes Division of the Oregon Department of Consumer and Business Services, including the appendices and standards adopted by the State of Oregon, is hereby adopted by reference. The Residential Specialty Code is on file in the Development Services Center of the City of Portland.

 

E.  Energy Efficiency Specialty Code.  The provisions of the State of Oregon Energy Efficiency Specialty Code 2014 Edition, as published by the International Code Council and known as the International Energy Conservation Code, 2009 Edition and amended by the Building Codes Division of the Oregon Department of Consumer and Business Services, are hereby adopted by reference.  The Energy Efficiency Specialty Code is on file in the Development Services Center of the City of Portland.


24.10.050 Organization.

(Amended by Ordinance No. 176955, effective October 9, 2002.)

A. Bureau of Development Services. The Bureau of Development Services shall be under the jurisdiction of the Director designated by the appointing authority.

B. Director to enforce Title. General. The Director is hereby authorized and directed to enforce all provisions of this Title. For such purpose he shall have the powers of a law enforcement officer.

C. Deputies. The Director may appoint officers, inspectors, and assistants and other employees. He may also deputize employees as may be necessary to carry out the duties of the Bureau of Development Services.

D. Right of Entry. Whenever an inspection is necessary to enforce any of the provisions of this Title, or whenever the Director or his duly authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises substandard as defined within this Title, or upon presentation of a lawfully issued warrant, the Director may enter such building or premises at all reasonable times to inspect or to perform any imposed duty and shall have recourse to every remedy provided by law to secure entry.


24.10.060 Enforcement.

(Amended by Ordinance Nos. 168340 and 176955, effective October 9, 2002.)

A. All permitted work shall be subject to inspection by the Director, and certain work shall have continuous inspection by special inspectors as specified in Section 24.20.

B. The Director, upon notification from the permit holder or his agent, shall either approve of those portions of the construction requiring inspection or shall notify the permit holder, or his agent, in writing, wherein the same fails to comply with the provisions of this Title.

C. Whenever any work related to construction, for which a permit is required from the Bureau of Development Services, is being done contrary to the provisions of the Code of the City of Portland, the Director may order the work stopped by notice in writing served on any persons engaged in the doing or causing of such work and any such persons shall forthwith stop such work until authorized by the Director to proceed.

D. It is unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Title.

E. If an unoccupied structure or structure under construction is open or unattended, the Director may enter to determine if a hazardous condition exists. If such a condition exists, he shall notify the owner of the condition and order the structure immediately secured against the entry of unauthorized persons.

F. In the event the property owner, permit holder or his agent fails or neglects to carry out any requirement, or fails to correct any noted violation of this Title, the Director may gain compliance by any of the remedies outlined in Title 3.30.015 of the Code of the City of Portland.


24.10.070 Application for Permits.
 
(Amended by Ordinance. Nos. 162100, 163908, 165678, 169905, 171773, 174880, 176783, 176955 and 180330, effective August 18, 2006.)
 
A.   Permits required.  No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, change occupancy group of, or demolish any building or structure, or to do any clearing or grading, or cause any of the same to be done without first obtaining a building permit, or where appropriate a minor structural label as outlined in Section 24.10.095.  Building permits and fees for work on private property are waived whenever the work appears on plans and specifications, approved by the City Engineer or BES Chief Engineer.  This work shall be limited to the construction of streets, public sewers, public stormwater management facilities, driveways, retaining walls, fences, walkways, parking pads, steps, and tree, shrub, and brush removal.
 
B.  For exempted work see Chapter 1 of the Structural Specialty Code.
 
C.  Plans and specifications.  Plans, engineering diagrams, and other data shall be submitted in three sets with each application, and shall comply with the requirements of Chapter 1 of the Structural Specialty Code.  If a structural design is required, computations, stress diagrams, computer data, and such additional data as required by the Director, sufficient to show the correctness of the plans and compliance with the structural provisions of this Title shall be submitted.  The above data shall include a brief summary of all basic assumptions, design methods, structural systems, loading, lateral bracing systems, and a table of contents of the computations.  Computer calculations submitted as substantiation of the design shall include a copy of the program users manual for each program, definition, sketches, index of data runs, and properly identified input and output listings.  For other than nationally recognized programs, the correctness of the program shall be substantiated in a manner acceptable to the Director.  When required by the Director, or when required under ORS 672 (State Engineering Law) or ORS 671 (State Architectural Law), plans shall be prepared and certified by an architect or registered professional engineer licensed to practice in the State of Oregon.

D.  Parking lots.  Parking lots shall not require a separate building permit when they are clearly shown on plans submitted and their valuation is included on the application for the principal building permit.
 
E.  Compliance with Section 17.88.010 (Street Access) of this Code is required prior to issuance of this permit.
 
F.   Plans for other than one and two family dwelling repairs, remodels, or additions shall be approved by the Fire Marshal prior to approval by the Director.
 
G.  Issuance of permits.  Issuance of permits shall be in accordance with Chapter 1 of the Structural Specialty Code provided that plans for all commercial buildings and any off‑street parking area where the parking of three or more cars is to be established shall be approved by the City Engineer and the City Traffic Engineer before a building permit may be issued.
 
H.  Charge for partial permits.  When complete plans and specifications are not available, the Director may issue partial permits to assist in the commencement of the work, provided that a partial permit charge is paid to the bureau.  The number of partial permits issued shall not exceed six on any individual project, except that in special circumstances the Director may allow this number to be exceeded.
 
I.  Retention of plans.
1.   Plans and specifications for all buildings, or their photographic image, shall be retained permanently in the files of the Bureau of Development Services as follows:
a.  Plans and specifications for work which does not concern or affect the structural stability of a building and which does not affect a change of occupancy may be destroyed after 5 years from date of building permit for same;
2.   Plans and specifications for one or two family dwellings, and/or buildings accessory thereto may be destroyed after 5 years from date of building permit for same.
J.   A separate permit, known as a development permit, shall be required for a site development, changes in use, or other work performed in compliance with Title 33, Chapter 33.700, Administration, which is not otherwise included with the permit described in Subsection A. of this Section.  Reviews and approval of site plans or other documents shall be obtained from the Bureau of Development Services prior to issuance of the permit.
 
K.  Life of Permit Limited.  If no inspection approval has taken place within six months after permit issuance, the permit shall become void, and no further work shall be done at the premises until a new permit has been secured and a new fee paid.  Each time an inspection approval is granted, the permit shall be deemed to be automatically extended for six months, until final approval is granted.  The Building Official may extend a permit for one period of six months upon finding that the permittee was unable to commence or continue work for reasons beyond his or her control.  Extension requests shall be in writing and shall be received by the Director before the permit expiration date.  If an inspection approval has not been granted within this extended time period, the permit shall be void.  A permit that has been expired for six months or less may be renewed provided no changes have been made in the original plans and specifications for such work.  No permit may be renewed if it has been expired for more than six months.  A permit may be renewed only once.  If an inspection approval has not been granted within the time period of permit renewal the permit shall be void.  The renewal fee shall be one half the amount required for a new building permit.

24.10.080 Board of Appeals.

(Amended by Ordinance Nos. 174719 and 176955, effective October 9, 2002.)

A. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provisions of this Title, there has been created a Board of Appeal, consisting of three members appointed by the Mayor. The Board members must be qualified by experience and training to make decisions on matters pertaining to building construction. All persons shall be appointed for a term of 3 years. At least one member of the Board shall be a competent builder who has engaged in the building business in the City for at least two years immediately preceding his appointment, and at least one member of the Board shall be a competent architect who has practiced his profession for at least 3 years. The Director shall be an ex officio member and shall act as Secretary of the Board.

B. No member may act on or hear a case in which he has an interest. If such a case comes before the Board, the member’s alternate shall attend or the Mayor shall appoint a substitute.

C. Meeting of the Board of Appeal. Meetings of the Board of Appeal shall be held at the call of the Chairman or upon notice from the Commissioner In Charge of the Bureau of Development Services of any special appeal.

D. Removal from office. Any member of the Board of Appeal may be removed from office by the Mayor for due cause, such as malfeasance in office, incapacity, or neglect of duty.

E. The Mayor shall appoint a qualified alternate for each member, who shall attend meetings and vote when the member is unavailable.

F. Appeals to Board. Any person who may have been ordered by the Bureau of Development Services to incur an expense for the alteration, repair, or construction of any building or any person whose application for a permit may have been refused by the Bureau of Development Services may appeal to the Board of Appeal by serving written notice upon the Bureau of Development Services. The notice or a certified copy thereof, shall be transmitted at once to the Board of Appeal. After service of notice upon the persons interested, a hearing shall be held; and the Board may, by a majority vote, affirm, annul, or modify the action of the Bureau of Development Services; provided, however, in any matter relating to or involving fire prevention, fire safety measures, or building construction requirements for safety, any modification of a strict application of this Title shall be made only on condition that substantially equivalent degree of safety is provided generally conforming to national standards concerning fire prevention, fire safety measures, and building construction requirements for safety. The decision of the Board shall have full force and effect. A certified copy of the decision shall be delivered to the appellant.

G. Powers of the Board of Appeal. Where unquestionably and clearly, practical difficulties, unnecessary hardship or consequences, inconsistent with the general purposes of this Title may result from the literal interpretation and enforcement thereof, the Board of Appeals may grant adjustment of variances in a specific case with such conditions and safeguards as it may determine, in harmony with the general purpose, intent, and spirit of this Title, so that the public safety and welfare shall be secured and substantial justice shall be done, upon unanimous vote of the Board. If interpretation of the provisions of this Title is required, decisions thereon may be determined by a majority vote of the Board. Any person aggrieved by the final decision of the Appeals Board as to the application of any provision of this Specialty Code may, within 30 days after the date of the decision, appeal to the appropriate State Specialty Advisory Board. The appellant shall submit the appeal fee with his request for appeal. The decision of the Appeals Board shall be subject to review and final determination by the appropriate State Specialty Advisory Board authorized pursuant to OAR Chapter 8.4, as to technical and scientific determinations related to the application of this Title. All required fees are stated in the Fee Schedule adopted by City Council. Fees will be updated annually or on an as needed basis. The approved Fee Schedule will be available at the Development Services Center.


24.10.085 Structural Engineering Advisory Committee.

(Added by Ordinance No. 162056, effective June 22, 1989.)

A. There is hereby created a Structural Engineering Advisory Committee. Such board members shall be appointed by the Mayor and shall consist of three members and three alternates licensed in Oregon to practice structural engineering.

Members shall serve 3-year terms and may be appointed to consecutive terms. In addition, the Director, or designee, shall be an ex-officio member of the board.

B. Any member of the board may be removed from office by the Mayor for malfeasance in office or neglect of duty at any time during his or her tenure.

C. The board shall elect a chairperson, adopt rules of procedure, and set the time and place for regular meetings. Written minutes of all meetings shall be made and kept subject to the requirements and limitations of ORS 192.400 to ORS 192.500.

D. It shall be the duty of the board to advise the Director and/or the Appeals Board in structural matters relative to reasonable interpretation and to alternate materials and methods of construction.

E. Any action of the board shall be in an advisory capacity to the City. Subsequent action taken by the City as a result of advice from the boards shall be the sole responsibility of the City.


24.10.087 Alternative Technology Advisory Committee

(Added by Ordinance No. 182217, effective October 24, 2008.)

 

A.  Purpose.  It shall be the duty of the Alternative Technology Advisory Committee to advise the Bureau of Development Services on new or innovative sustainable building technologies and products. 

 

B.  Membership.  The Alternative Technology Advisory Committee shall consist of a minimum of three members.  The committee members will be appointed by the Director of the Bureau of Development Services.  The committee shall consist of design professionals, construction contractors, and persons associated with a university with an engineering school.  In addition, two designees from the Bureau of Development Services familiar with building code review shall be ex-officio members of the committee.

 

C.  Appointment and Terms. 

 

1.  Appointment to the Alternative Technology Advisory Committee shall be for a three-year term.  Committee members may be appointed to no more than two consecutive, complete terms.  If a position is vacated during a term, it shall be filled for the unexpired term. 

 

2.  Any member of the committee may be removed from the committee by the Director of the Bureau of Development Services for any reason deemed appropriate by the Director.

 

3.  The committee shall elect a chairperson, adopt rules of procedure, and set the time and place for regular meetings.  Written minutes of all meetings shall be kept.

 

D.  Compensation.  Alternative Technology Advisory Committee members shall serve without compensation.

 

E.  Other.  The Alternative Technology Advisory Committee serves only in an advisory capacity to the City.  Subsequent action taken by the City as a result of the committee’s advice shall be the sole responsibility of the City.


24.10.090 Pre-application and Pre-construction Meetings.

(Amended by Ordinance No. 162100, effective Aug. 1, 1989). Where major construction projects involve coordination between City bureaus and the design/ construction teams, the Director may hold a pre-application or pre- construction meeting with representatives of the interested parties as an aid to the enforcement of this Title.


24.10.095 Commercial and Industrial Minor Structural Labels.

(Added by Ordinance No. 171773, effective November 19, 1997.)

A. General. Oregon Revised Statutes Chapter 455.190 establishes special alternative inspections programs for commercial and industrial installations for other than new construction. One of these programs is the Minor Label Program. Implementation rules are found in Oregon Administrative Rules 918-100-000 through 918-100-060. The Bureau will operate the Minor Structural Label Program in accordance with the Oregon Administrative Rules. The Minor Structural Label Program utilizes minor labels in lieu of regular building permits. Random inspections are made to ensure compliance of minor work.

B. Requirements. Commercial and Industrial Minor Structural Labels may be used in all occupancies (including commercial, industrial, apartment and multi-family installations) except one and two family dwellings. Labels are sold in groups of ten. Labels expire six months from date of purchase and are not refundable. No more than one minor structural label may be used on any single project. A single project is defined as not more than one minor label used per calendar month for each address, suite or tenant space.

C. Work Allowed. The following work may be done under a Minor Structural Label:

1. Alteration, replacement or repair of up to 100 linear feet of nonbearing, non-fire resistive walls and partitions not part of the building shell, an exit or an exit passageway;

2. Window and door replacements or relocations not part of an exit or exit passageway and fit within existing openings. Replacement windows and doors shall comply with the requirements of the current State of Oregon codes, including but not limited to safety glazing requirements;

3. Lightweight interior awnings under 100 pounds total weight;

4. Removal and replacement of acoustical ceiling tiles in nonfire-rated ceilings of less than 1,000 square feet (replacement of supporting grid is not included);

5. Minor roofing repairs not exceeding ten percent of the roofing area.


24.10.100 Fees

24.10.101 General.

(Amended by Ordinance No. 176955, effective October 9, 2002.) The following fees are required to be paid to the Director of the Bureau of Development Services, shall be as set forth in this Chapter.


24.10.102 Building Permit and Plan Check/Process Fee.

(Replaced by Ordinance No. 174719, effective August 21, 2000.)

A. All required fees are stated in the Fee Schedule adopted by City Council. Fees will be updated annually or on an as needed basis. The approved Fee Schedule will be available at the Development Services Center.

B. A plan checking fee is payable when the plans and application are accepted by the Director for examination and shall not be refundable. A permit fee shall be paid to the Director before a building permit is issued.

C. Permit and plan check fees will, as a general rule, be refunded when the services covered by the fee have not commenced, and the permit or plan review fees were paid incorrectly due to an error on the part of the City. When a permit applicant requests a refund, but the City was not at fault in accepting payment, fees shall be retained to cover the cost of plan review or inspections actually performed and 20 percent of the amount remaining. State surcharge fees are only refundable when a permit was issued in error. Requests for refunds must be made within 6 months of payment or permit issuance, whichever is later. Refunds are to be made to the same person or firm who paid the fee within 3 months of the request. Exceptions to the above requirements may be made by the Director or designee.


24.10.103 Requested Inspection Fees.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.104 Fee for Appeal.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.106 Home Occupation Permit.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.107 Appeal Fee for Historical Building Review Board.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.108 Street Use Fees.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.109 Grading Permit Fees.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.110 Excavation and Grading Plan Check Fees.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.111 Dangerous Building Abatement Processing Fee.

(Repealed by Ordinance No. 167088, effective Dec. 3, 1993.)


24.10.112 Product Approval Fee.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.113 Circus Tent Fee.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.114 Welder Certification Fee.

(Repealed by Ordinance No. 165486, effective July 1, 1992.)


24.10.115 Reproduction Fees.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.116 Fee for Examination of Filed Plans.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.117 Approved Fabricators Certification Fee.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.118 Special Inspection Certification Fee.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.119 Approved Testing Agency Certification Fee.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.122 Certificate of Occupancy.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.123 Temporary Certificate of Occupancy.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.124 Zoning Inspection Fee.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.125 Inspections Outside of Normal Business Hours.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.126 Reinspection Fee.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.127 Additional Plan Review Fee.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.128 Address Assignment Fee.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.130 Clearing Permit Fee.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.131 Clearing With Tree Cutting Permit Fee.

(Repealed by Ordinance No. 174719, effective August 21, 2000.).


24.10.132 Pre-Permit Site Inspection for Properties in Environmental Zones.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.133 Manufactured Dwelling Installation Fees.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.134 Manufactured Dwelling Park.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.135 Recreational Park.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.136 Park Trailer Installation Fees.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.137 Minor Structural Labels.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.138 Master Permit/Facilities Permit Program Fees.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.139 On-site Permanent Stormwater Control Facilities Inspection Fee.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)


24.10.140 Tree Preservation and Planting Plan Check and Inspection Fee.

(Repealed by Ordinance No. 174719, effective August 21, 2000.)