POL Government Elected Officials Auditor Hull Caballero Charter, Code & Policies City Code & Charter Online Code & Charter Title 27 Heating and Vent Chapter 27.02 Organization and Enforcement
Chapter 27.02 Organization and Enforcement

27.02.010 General.

(Amended by Ordinance No. 176955, effective October 9, 2002.)  The Building Inspections Director is hereby authorized and directed to enforce all the provisions of this Code.

A.  Appointees.  In accordance with the procedure and with the approval of the Commissioner in Charge of the Bureau of Development Services, the Building Inspections Director may appoint such number of officers, inspectors, assistants, and other employees as shall be authorized and as may be necessary to perform any duty imposed upon him by this Code.  Such appointees shall, for the sake of this Code, hereafter be known as building officials, inspectors, or authorized representatives.

B.  (Amended by Ord. No. 150873, effective Jan. 17, 1981.)  Right of Entry.  Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or Code violation which makes such building or premises unsafe, dangerous, or hazardous, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this Code, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.  If such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry.

When the Building Official or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care, or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this Code.

C.  Stop Orders.  Whenever any work is being done contrary to the provisions of this Code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work.

D.  Authority to Condemn Equipment.  Whenever the Building Official learns or ascertains that any equipment, as defined in this Code, has become hazardous to life, health, or property, he shall order, in writing, that such equipment be restored to a condition of safety or be dismantled or removed from its present location.  The written notice shall fix a time limit for compliance with such order.  No person shall use or maintain the defective equipment after receiving such notice.

E.  Liability.  The Building Official or any employee charged with the enforcement of this Code, acting in good faith and without malice for the jurisdiction in the discharge of his duties, shall not thereby render himself liable personally and he hereby is relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his duties.  Any suit brought against the Building Official or employees, because of such act or omission performed by him in the enforcement of any provisions of this Code, shall be defended by the legal department of the jurisdiction until final termination of the proceedings.

27.02.020 Violations and Penalties.

(Amended by Ordinance No. 171797, effective November 26, 1997.)  It shall be unlawful for any person, firm, or corporation to erect, install, alter, repair, relocate, add to, replace, use, or maintain heating, ventilating, comfort cooling, or refrigeration equipment in the jurisdiction, or cause the same to be done contrary to or in violation of any of the provisions of this Code.  Maintenance of equipment which was unlawful at the time it was installed, and which would be unlawful under this Code if installed after the effective date of this Code, shall constitute a continuing violation of this Code.

In the event the property owner, permit holder or 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.

27.02.030 Board of Appeals.

(Amended by Ordinance Nos. 145373, 146232, 150873, 153620, 162103, 174902 and 176955, effective October 9, 2002.)  In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this Code, a Board of Appeals has been created.

A.  Created ‑ Membership ‑ Vacancies.  There has been created and established and hereby continued, a Board of Appeals of this Title, consisting of three members, and an alternate for each member, appointed by the Mayor.  Members, by experience and training, shall be qualified to pass upon the safety of installations and apparatus regulated by this Code.  Appointments shall be made for a term of 3 years.  No member shall hear or decide a case in which he is directly or indirectly interested.  Vacancies occurring on the Board of Appeals from whatever cause shall be filled by appointment 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.

B.  Power of and Appeal to Board.  Any applicant for a heating or ventilating permit whose application has been rejected by the Permit Division of the Bureau of Development Services or any person who shall have been ordered by the Inspector to incur expense in the alteration, repair, or construction of a heating or ventilating system may, within 15 days thereafter, appeal from such action by serving upon the Bureau of Development Services a notice in writing of appeal, and the notice or a certified copy thereof shall at once be transmitted to the Board of Appeals.  After notice to such parties as the Board may direct, a hearing shall be had, and the Board may by a majority vote affirm, annul, or modify the action of the Bureau of Development Services.  The decision of the Board shall have full force and effect.  A certified copy of the Board’s decision in each appeal shall be delivered to the appellant and a copy filed for record in the Bureau of Development Services.  Where unquestionably and clearly, practical difficulties, unnecessary hardship or consequences inconsistent with the general purposes of this Code may result from the literal interpretation and enforcement thereof, the Board of Appeals upon unanimous vote may grant adjustments or 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 Code, so that the public safety and welfare shall be secured and substantial justice shall be done.  If interpretation of the provisions of this Code is required, decisions thereon may be determined by a majority vote of the Board.  Materials and methods found equivalent to those called for by the Code may be approved by a majority vote of the Board.

C.  Fees for appeals.  The fees for all appeals are stated in the current approved fee schedule.  This schedule will be available at the DevelopmentServicesCenter.

D.  Rules to be Adopted.  The Board of Appeals from time to time shall adopt such rules for conducting its hearings as the Board may deem proper.

27.02.031 Powers of the Board of Appeals.

(Amended by Ord. Nos. 150873 and 162103, effective Aug. 1, 1989.)  Any person aggrieved by the final decision of a Municipal Appeals Board as to the application of any provision of this Code may, within 30 days after the date of the decision, appeal to the Structural Code Advisory Board.