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FIR-1.08 - Administrative Review/Appeals

ADMINISTRATIVE REVIEW/APPEALS
Administrative Rule Adopted by Portland Fire & Rescue Pursuant to Rule-Making Authority
ARB-FIR-1.08

 
PURPOSE:
To ensure responsiveness to public need for timely, consistent decision of Fire Code matters. To document selected decisions of the Fire Marshal, in that officer’s administration and enforcement of the Fire Code, so as to promote consistency and provide direction for Fire Prevention Division personnel.

 
SCOPE:
The Fire Marshal may address through a staff administrative review process the following:
  1. Provide interpretations of the Fire Code of the City of Portland.

  2. Determine the suitability of alternate materials and methods of construction (PUFC 103.1.2).

  3. Provide recommendations to the City of Portland Council for such ordinances and rules as may be consistent with the purpose of the Fire Code.

  4. On request from an aggrieved person or any members of the Bureau, from an order or action of the Fire Marshal’s subordinate(s), determine the facts relevant to the review and revise, reverse or affirm the order as appropriate under the facts found to exist.
An administrative review shall not abrogate any person’s right of recourse to the Fire Code Board of Appeal.

 
REFERENCES:
Portland City Code (PCC) Title 31;
2000 Portland Uniform Fire Code (PUFC)
 

 
PROCEDURES:
  1. The Fire Marshal may consider recommendations of his staff at any stage of the administrative review process.
  2. The administrative review process may include consideration of testimony, review of plans, proposals and facts, and providing recommendations to the Fire Marshal.
  3. All applications for an appeal to the Fire Code Board of Appeals will be reviewed by the administrative staff prior to the scheduling of a Fire Code Board of Appeals hearing. Appeals which are not resolved to the satisfaction of the appellant by the administrative staff will be referred to the Fire Code Board of Appeals for a formal hearing with no additional fee.

    A. The application and the required filing fee must be submitted at least ten (10) days prior to an administrative review.

    B. The Fire Marshal, in his discretion, may order the refund of the filing fee.
  4. Any member of the Fire Prevention Division may initiate a review by the administrative staff for policy matters.

HISTORY
 
Filed for inclusion in PPD June 13, 2003.
Revision filed in PPD September 27, 2004.
Originally adopted by Fire Marshal as Fire Prevention Division Policy Manual Document A-8, effective April 21, 1992. Revised March 20, 1996 and September 8, 2004.