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POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter Title 25 Plumbing Regulat Chapter 25.07 Board of Appeal
Chapter 25.07 Board of Appeal

25.07.010 Established-Terms-Vacancies.

(Amended by Ordinance No. 176955, effective October 9, 2002.)  There is hereby created and established a Board of Appeal in the Plumbing Division of the Bureau of Development Services consisting of three members appointed by the Mayor.  One member shall be a plumbing contractor whose experience and training qualify him 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 whose experience and training qualify him to decide matters concerning the safety of installations and devices regulated by this Title and one member who shall be a member of the public at large.  The Chief Engineer of the Water Bureau and the City Health Officer shall be advisory members of the Board.  The advisory members shall serve with the three regular members of the Board when valves, devices, or appliances used for the supplying and flushing of plumbing fixtures and traps are submitted to the Board of Examination for tests.

At the constitution of the Board, one member shall be appointed for the term of 1 year, one member for the term of 2 years, and one member for the term of 3 years.  After the expiration of the term of office of the members first appointed, appointments shall be made for a term of 3 years; provided, that the members of the Board at the time of the passage of this Code shall continue in office during the term for which they were originally appointed.  No member shall sit in a case in which he is directly or indirectly interested.  All vacancies occurring on the Board of Appeals, other than advisory members, for whatever cause shall be filled by the Mayor, either permanently or temporarily, as the case may demand.  Any member of the Board of Appeals may be removed by the Mayor for malfeasance in office, incapacity, or neglect of duty.  The members of the Board shall serve without pay.


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.


25.07.030 Fees for Appeals.

(Repealed by Ordinance No. 174720, effective August 21, 2000.)


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.


25.07.040 Rules To Be Adopted.

The Board of Appeals from time to time shall make and adopt rules and regulations for tests which the Board deems advisable for the testing of fixtures, valves, appliances, and devices.  The person applying to the Board of Appeals for an approval of any fixture, valve, appliance, or device shall pay the costs of any test required by the Board.


25.07.050 Reports.

It shall be the duty of the Board of Appeals to submit to the Council, on or before the first of January of each year in a report giving a summary of all decisions of the Board and a record of the business transacted, together with such recommendations for desirable legislation affecting plumbing installations as may be advisable.