PortlandOnline

POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter Title 28 Floating Structu Chapter 28.03  Administration and Enforcement
Chapter 28.03 Administration and Enforcement

28.03.010 Responsibility.

(Amended by Ordinance Nos. 176955, 181437 and 183597, effective April 9, 2010.)  The Director shall administer and enforce the provisions of Title 28 except that the Harbor Master shall have the responsibility for the initial and periodic inspection of existing moorages as well as the permitting, testing and inspection of standpipes.  In the event that the Harbor Master determines a violation of Title 28 has occurred at a moorage within the jurisdiction of the Harbor Master, such violation shall be reported to the Director who will then have the enforcement authority thereof.  The Director may authorize the Harbor Master to enforce the provisions of Title 28 on behalf of the Director.  The Director may render interpretations of Title 28 and adopt policies and procedures in conformance with the intent and purpose of this Title.  The Director shall seek the advice and opinions of members of the River Community as represented by the River Community Advisory Committee during this process, but the Director shall have the final authority for rendering interpretations and adopting policies and procedures.

The State of Oregon Marine Board shall have responsibility for issuance of a certificate of title and identifying number plate for floating homes, combo-structures and boathouses.   Issuance by the State of a title and identifying number plate does not certify that a floating home, combo-structure or boathouse is in compliance with the provisions of Title 28 or any other construction standard.  Owners of floating structures are responsible for displaying the required identifying number plate on the floating structure, so that the plate is readily visible from the walkway providing access to the structure.

Nothing in this Title is intended to displace or conflict with any other applicable federal or state statute, rule or regulation nor grant any exemptions from such federal or state regulations.


28.03.015 River Community Advisory Committee.

(Added by Ordinance No. 181437; amended by Ordinance No. 183597, effective April 9, 2010.)

 

A.  Purpose.

The River Community Advisory Committee is a citizen advisory body, representing those persons who own and/or occupy floating structures and/or boats, who operate and maintain marinas and moorages or who are involved in the design, construction, maintenance and/or regulation of floating structures.  The purpose of the Committee is to obtain timely input from that community in regard to development of procedures and administrative guidelines for implementing the City’s regulations of floating structures under Title 28.  The Committee advocates for and supports consistent and fair application and implementation of these regulations.  The Committee will provide public input to the Director by:

 

1.  Providing leadership and expertise on issues affecting floating structures;

 

2.  Providing feedback to the Director on the impact of potential regulations and administrative rules on floating structures, taking into consideration the full range of City goals and objectives;

 

3.  Providing recommendations for regulatory, code, and administrative rule changes affecting floating structures;

 

4.  Monitoring the application and enforcement of regulations for their effectiveness in achieving the City’s goals;

 

5.  Recommending customer service, permitting, process, and compliance improvements to the Director; and,

 

6.  Serving as an advisory board to the Director on processes and procedures under Title 28.

 

B.  Membership.

The River Community Advisory Committee shall consist of 6 members.  The members shall be appointed by the Commissioner-in-Charge of the Bureau of Development Services and confirmed by the City Council.  The members shall be selected to provide representation of those persons with knowledge or expertise on the unique construction conditions or the nautical history and traditions associated with floating structures.  Members shall include representatives from any of the following categories: floating home resident, marina operator, floating structures contractor, floating structures design professional, yacht club member, and on the water business owner.

 

C.  Appointments and Terms.

Appointment to the River Community Advisory Committee shall be for a three-year term.  If a position is vacated during a term, it shall be filled for the unexpired term.  Members of the River Community Advisory Committee shall serve no more than two, complete three-year terms consecutively.

 

D.  Meetings, Officers, and Subcommittees.

 

1.  The River Community Advisory Committee shall meet at least five times yearly and as otherwise necessary to conduct its business.  Meetings shall be conducted in accordance with adopted rules of procedure.  Five members shall constitute a quorum.  A quorum shall be necessary to make decisions that represent the position of the River Community Advisory Committee and to conduct any other Committee responsibilities.  The election of officers shall take place at the first meeting of each calendar year.

 

2.  The officers of the Committee shall consist of a Chairperson and a Vice-chairperson.  The chairperson shall be responsible for conducting the meetings of the committee.  The Vice chairperson shall act as chair when the chairperson is not available.

 

3.  The River Community Advisory Committee may divide its members into subcommittees which are authorized to act on behalf of the committee for an assigned purpose.  Subcommittee actions require the affirmative vote of at least three members.

 

E.  Attendance.

Members of the River Community Advisory Committee are expected to attend each meeting of the committee.  The Commissioner-in-Charge may replace any member who accrues unexcused absences from three or more consecutive meetings or more than 50 percent (50%) of the meetings in any year.

 

F.  Compensation.

River Community Advisory Committee members shall serve without compensation.


28.03.020 Permits and Inspections.

(Amended by Ordinance Nos. 181437 and 183597, effective April 9, 2010.)  It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, or convert any structure regulated by Title 28, except as provided for in Title 28, or cause the same to be done without first obtaining a separate permit for each structure from the building official as required by Title 28.

Exemption from the permit requirements of Title 28 shall not authorize any person to do  work in any manner in violation of the provisions of Title 28 or any other rules or regulations of the City of Portland, the State of Oregon, or the Federal government.

Unless otherwise exempted, separate plumbing, electrical and mechanical permits are required for any such work performed for floating structures regulated under Title 28.

 

A.  Permits and inspections shall be required for the following:

 

1.  The new construction of floating homes, tender house structures, boathouses or combo structures, except as may otherwise be exempted elsewhere in Title 28.

 

2.  The construction of:

 

a.  A new deck, walk, or porch not previously a part of a floating structure; or

 

b.  An addition of habitable space for a floating home or combo-structure; or

 

c.  An extension of an existing deck, walk, porch or the float for a floating home, or combo-structure.

 

Exception:  A one time extension of not more than five percent (5%) in area or eight (8) inches in width or length, whichever is less, to the area of an existing deck, walk, porch or the float for a floating home or combo-structure shall be allowed without permit provided such extension does not cause an unbalanced or overloaded condition and provided such extension does not reduce the separation between floating structures below that is allowed by Title 28.  As-built plans for such additions shall be provided to the Director upon completion of the work to allow for updating of permit information.

 

3.  Alteration to or reconstruction of any element of a floating home, boathouse or combo-structure except as exempted by Section 28.03.020 C.

 

4.    Existing or new floating homes, boathouses, combo structures or commercial structures moved from a site outside the City to a mooring site within the City of Portland.

 

5.  Existing or new floating homes, combo-structures or commercial structures relocated from one mooring site to another mooring site either in the same moorage or to a separate moorage within the City of Portland.

 

6.    The new construction, addition, alteration, reconstruction, or improvement of public and private floating structures.

 

7.  Any new and/or alteration to any electrical, plumbing, heating/air conditioning installation on a floating structure, including wood stoves.

Exception:  As provided in the Specialty Codes, minor repairs and maintenance of electrical, plumbing, heating/air conditioning installations do not require a permit.

 

8.  Temporary structural supports that will remain in place for not more than 180 days or relocation, replacement, reconstruction or repairs, that require a permit, that are performed to an existing structure due to an emergency condition may be undertaken without first obtaining a permit for the work.  The owner of the structure on which the work is performed shall inform the Director within three (3) business days of the commencement of the work, the extent of work that is being performed and shall obtain the required permits for the work within ten (10) business days of the commencement of the work.

 

B.  The permit and inspection process and requirements shall be as determined by the Director.  The Director shall seek the advice and opinions of members of the River Community Advisory Committee during this process, but the Director shall have final authority in determining such processes and requirements.  Such information shall be published by the Director in bureau policies and procedures that are made available to the public as provided in Chapter 1.07.  Such policies and procedures shall not be altered or suspended until after consultation with the River Community Advisory Committee.

 

C.  Permits and inspections are not required for the following:

 

1.  The new construction of structures regulated by Title 28 that will not be moored or occupied within the jurisdiction of the City.  Substantiating documentation shall be provided to verify compliance with this Section.

 

2.  Repairs to a floating structure as specified in Section 28.05.020.

 

3.  Replacement of piles as specified in Section 28.05.020.

 

4.  Construction, alteration or repair of individual swim or ski floats.

 

5.  The repair or reattachment of flexible water and sewer connections to individual floating homes, combo-structures, tender houses and boathouses, made in compliance with plumbing code requirements.

 

6.  Construction, alteration or reconstruction of any portion of tender houses not greater than 200 square feet in area and with a height of not more than seventy-five percent (75%) of the width of the float or fifteen (15) feet from the level of the float deck, whichever is less, to the highest point of the structure.

 

7.  Relocation of boathouses or tender houses within a moorage or between separate moorages within the City as long as the unit moved is in good repair.  The distance between units relocated within a moorage shall not be:  less than the distance between units that pre-existed prior to the move if that distance is less than 6 feet between the nearest exterior walls and 4 feet between the nearest roof, deck, balcony or other architectural projection; or less than 6 feet between the nearest exterior walls and 4 feet between the nearest roof, deck, balcony or other architectural projection if the pre-existing distances are greater than or equal to 6 feet between the nearest exterior walls and 4 feet between the nearest roof, deck, balcony or other architectural projection.  The distance between units when the relocation is to another moorage within the City shall either comply with the separation distance required by Section 28.05.010 B.4. or shall be the separation distance as determined acceptable by consultation with the Harbor Master in compliance with Section 28.05.010 B.4.

Exception:  Electrical permits are required for the connection of a relocated boathouse or tender house structure to electrical service at the new location.

The owner/operator of the moorage shall provide an updated moorage map as required by Section 28.05.010 reflecting the new location of the relocated boathouse and the distance between the boathouse and adjacent structures and shall send a notice of the relocation, including separation distances after the relocation, to the Director.

 

8.  Temporary relocation of an existing floating structure from its normal mooring site for dredging or other maintenance work to the moorage or to facilitate the permitted move of other floating structures, provided the floating structure is returned to its normal mooring site and provide the final distance between floating structures is the same as previously existed prior to the temporary move.

Exception: Electrical permits are required for the reconnection of floating structures moved under the provisions of this paragraph.

 

9.  Other work as exempted by the Specialty Codes.

 

D.  When permits are required, the owner of the structure must obtain the required permits and inspections prior to proceeding with the next phase of work and obtain a final certificate of compliance prior to the occupancy of the structure.  Instructions for requesting inspection are provided at permit issuance.

 

E.  It is the responsibility of the owner of the floating structure to obtain the required certificate of compliance under the following process:

 

1.  The owner of the structure or the owner's authorized agent shall call for final inspection within 10 business days of the completion of the work covered by a permit.

 

2.  A Certified Structural Inspector from the Bureau of Development Services shall respond to the call for final inspection within 2 business days of receipt of the call for final inspection.

 

3.  The area of work covered by the issued permit shall not be occupied until the certificate of compliance has been issued.

 

4.  Failure to call for final inspection and obtain a certificate of compliance and/or occupying the area of work prior to obtaining a certificate of compliance shall be cause for the Director to issue a notice to vacate the structure.


28.03.030 Fees.
 
(Amended by Ordinance No. 181437, effective December 21, 2007.)  All fees for permits and special inspections are stated in the Fee Schedule adopted by City Council by ordinance.  Fees will be updated annually or on an as needed basis.  The approved Fee Schedule will be available at the Development Services Center.  Fees shall be paid in advance for all plan review, permits and inspections.

28.03.040 Appeals.
 
(Amended by Ordinance No. 181437, effective December 21, 2007.)
 
A.  Right of Appeal.  Any person who may have been ordered by the Director to incur an expense for the alteration, repair or construction of any floating structure or any person whose application for a permit may have been refused by the Director  may appeal to the Floating Structures Code Board of Appeal by sending written notice to the Appeals Board secretary within ten business days of notification of the applicability of the requirement, decision or determination.  Appeals forms for that purpose shall be provided by the Bureau of Development Services.  Professional engineering is not required by the appellant in order to make the appeal.
The Director shall review the appeal within ten business days of its submission.  The Director shall seek the advice and opinions of members of the River Community as represented by the Floating Structures Appeal Group prior to ruling on any appeal.  After reviewing the appeal and any recommendations from the staff and the Floating Structures Appeal Group the Director shall, in writing affirm, annul, or modify the underlying requirement, decision or determination.  Such rulings shall take into consideration the unique construction conditions and the nautical history and traditions associated with floating structures.  If the appellant is dissatisfied with the decision of the Director, they can appeal that decision within 30 days to the Floating Structures Code Board of Appeal.  A hearing date for the requested appeal shall be set as soon as practicable thereafter, but by not later than 45 days after the request is made.  The Floating Structures Code Board of Appeal may, by a majority vote, affirm, annul, or modify the action of the Director. 
 
B.  The provisions of Title 28 are not intended to prevent the use of any material or method of construction not specifically prescribed by this Title, if the alternate has been approved and its use authorized by the Director or the Board of Appeal.
Alternate materials and methods of construction may be approved providing that the proposed design, material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Title in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.
 
C.  Whenever the strict application of the Specialty Codes or this Title does not allow the use of traditional nautical design, the Director or the Board of Appeal may approve alternate materials or methods of construction for individual cases, providing that findings are first made that a special individual reason makes the strict letter of the codes impractical, that the alternate is in conformity with the purpose and intent of the codes and that such alternate does not lessen any fire protection or life safety requirements or any degree of structural integrity.
 
D.  Fee for appeal.  There shall be a nonrefundable fee for each appeal.  The fees for appeals are stated in the Fee Schedule adopted by City Council by ordinance.  The approved Fee Schedule will be available at the Development Services Center.
 
E.   Board of appeal.  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, appeals for floating structures shall be heard by and ruled on by a Floating Structures Code Board of Appeal, consisting of six (6) members and six (6) alternates, as listed below, who are knowledgeable about construction as regulated by the base building codes and the construction and maintenance of floating structures and moorage facilities.  Board members and alternates are to be appointed by the Mayor.
1.  The Floating Structure Code Board of Appeal shall be composed of:
a.  Three (3) members or their respective alternates from the Building Code Board of Appeal as constituted by Section 24.10.080 and
 
b.  Three (3) members or their respective alternates from the Floating Structures Appeal Group.
2.  The Floating Structures Appeal Group shall be composed of one primary member and one alternate, who will serve in the absence of the primary member, from each of the following:
a.  An architect or engineer member knowledgeable in the design of floating structures
 
b.  A constructor member knowledgeable in the construction, maintenance and repair of floating structures
 
c.  A member at large who is from one of the following interest groups:
(1)  A For Profit Moorage Representative
 
(2)  A Non-profit Moorage Representative
 
(3)  A Yacht Club Representative
 
(4)  A Floating Home Resident
3.   A quorum shall consist of four (4) members with at least two of the members present being from the Floating Structures Appeal Group.  Board members shall be appointed for three-year terms.  The Director shall be an ex-officio member and shall act as Secretary of the Board.  No Board member or alternate may participate in a case in which they have a personal or financial interest.  If such a case comes before the Board, the member’s alternate shall attend or the Mayor shall appoint a substitute.  Any Board member or alternate may be removed from office by the Mayor for due cause, including malfeasance, incapacity, or neglect of duty.
The Board may use any or a combination of the following to resolve the appeal:
a.  Approve the appeal as submitted if a determination can be made that the alternate design will provide an equivalent level of fire and life safety.
 
b.  Disapprove the appeal with suggestions for resubmission.
 
c.   Require the project conform to appropriate State Specialty Codes and other applicable City regulations.
 
d.  Approve the appeal with modification or relief from specific requirements of the State Specialty Codes or applicable City regulations, if a determination can be made that the alternate design will provide an equivalent level of fire and life safety.
 
e.   If specific technical or engineering information is to be considered, the Board has the option of seeking expert advice.
 
f.   In the event of a tie vote, the appeal shall be considered denied.
The Board’s decision shall be in writing, a copy of which shall be sent to the aggrieved, with a copy to be retained by the Bureau, and which shall thereafter constitute the criteria that, when satisfied, will mandate approval of the elements reviewed by the appeal as part of any required permit by the Bureau.

28.03.050 Enforcement.
 
(Amended by Ordinance No. 181437, effective December 21, 2007.)  The Director may enforce the provisions of Title 28 using the authority provided in Section 3.30.015.

28.03.060 Abatement of Dangerous Floating Structures.
 
(Amended by Ordinance Nos. 171455 and 181437, effective December 21, 2007.)  The Director may abate dangerous floating structures using the authority provided under Chapter 29.40.