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POL Government Bureaus & Offices Development Services Permits General Info Building Code Appeals
Building Code Appeals
Overview
                   Click here to view appeal results! 
  • Building Code Appeals apply to the building, electrical, mechanical or plumbing codes.
  • If your project meets the intent, but not the letter of the building code, you must have an alternative method of meeting the intent of the code approved by the appeals process. The appeal must demonstrate that the proposed alternative is equal to or better than what the code requires.
  • Building code appeals are not land use review appeals.
  • Building code appeals deal only with the construction code for building, electrical, mechanical and plumbing projects.
Prepare Your Appeal
 
A complete Building Code Appeal Packet consists of:
  1. Building, electrical, mechanical or plumbing code appeal application(s)
  2. Plans
  3. Appeal fee
The following three sections provide the primary information from which the Appeals Board will make a decision. It is critical that information provided in these sections be clear, concise, accurate and completely written. Each appeal submittal must stand on its own merit and will be reviewed based on the specific conditions related to the project under consideration.
  1. Code provisions: This section asks first for the code section being appealed and then for the requirements of that code section. It is important to accurately specify the code section being appealed.
  2. Proposed design: This section asks you to describe the actual alternate method and/or materials of construction that are proposed for use. It is important that the actual conditions you are asking to have approved be described. This is not the section where equivalency or rationale for use of the proposed design should occur.
  3. Reason for alternate: This is the section where you should describe how or why the proposed design provides an equivalent level of fire or life safety to what the code requires and the rationale for use of the proposed alternate.
Additional Materials
 
Plans: One set of plans that addresses your appeal (in addition to any plans submitted for permit processing) must accompany appeal applications. Plans should provide sufficient information to detail the areas that are being appealed as well as any areas that may be affected by or that may affect the appeal.
 
Supplemental information: Supplemental information, such as photographs, engineering analysis, test data, etc, that will help to clarify the appeal and make it easier for the board to understand the conditions being appealed or which supports the argument for equivalent safety are welcome accompaniments to the appeal submittal.
 
FEES
  • Building code appeal fees:
    • 1 & 2 Family Residential: $100 (up to and including four appeal items) $50 for each appeal item over four
    • Other occupancies: $200 (up to and including four appeal items) $50 for each appeal item over four
    • Payment may be by cash, check, trust account or VISA for electronic appeal submittals  
 
How to File Your Appeal

 

You may submit your building code appeal application electronically, by mail or in person.

 

Online submittal

  • Online Filing
  • The deadline to submit an electronic appeal is 9:00 am on Mondays. This ensures your appeal will be added to the calendar for the following Wednesday hearing.
  • Application: In addition to your electronic submittal, your plans, any supplemental information and your payment of appeal fees must be received by the same deadline—9:00 am on Monday—for your appeal to be heard.
  • Plans: You can electronically submit your plans in a pdf format with your electronic appeal, separately mail your plans, or deliver your plans in person to:

APPEALS

Bureau of Development Services

1900 SW 4th Avenue, Suite 5000 (5th floor)

Portland, Oregon 97201

 

Mailed or hand delivered plans must be received by the same 9am Monday deadline. They must be clearly marked "Appeals".

 

Please include the ID number assigned to your appeal at the time of your electronic submittal so your plans get attached to the correct application.

  • Fees: Instructions are included on the electronic form for paying for your appeal with a Visa card.

Mailed or hand delivered payments must be received at the address listed above by the same 9:00 am Monday deadline.

 

Mail/Hand Delivered Submittal 

  • The deadline to submit a mail/hand delivered Appeal is 5:00 pm on Friday. This ensures your appeal will be added to the calendar for the following Wednesday hearing.
  • Your appeal application, plans, any supplemental information and your payment of appeal fees must be received by 5:00 pm on Friday for your appeal to be heard the following Wednesday.

     

    Mail or deliver appeal packets to:

APPEALS

Bureau of Development Services

1900 SW 4th Avenue, Suite 5000 (5th floor)

Portland, Oregon 97201

 

For questions regarding the appeal packet submittal, please call (503) 823-7335.

 

Appeals will be screened for completeness. Submittal of inaccurate or incomplete forms may cause a delay in hearing the appeal.

 

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Appeal Process
 
The following describes the Appeal Process.
 
1. Administrative Review
  • Administrative appeals are heard on Wednesdays at 9:00 am. and are closed to the public.
  • The administrative review group consists of BDS staff assigned by the Director and two representatives from the Fire Bureau.
  • Decisions are reached by consensus, recorded, posted on our website and mailed to appellants.
 
2. Board(s) of Appeal
  • Appellants not satisfied with the administrative action may request a hearing by the Board of Appeals empowered to hear the appeals for the specific code under consideration.
  • The Board of Appeals is a volunteer board made up of qualified individuals from the private sector who have knowledge in the specific code area being appealed.
  • These boards are referred to as the Building Code Board of Appeal (aka "Big Board"), the Electrical Code Board of Appeal, etc. depending on the code requirement being appealed.
  • Hearings before the public Board(s) of Appeal are set up on an as needed basis and usually take a minimum of two weeks to schedule. The appellant must be present at this hearing to discuss the appeal with the board.
 
View Appeal Results
 
Decisions are available on the BDS website http://www.bds.ci.portland.or.us/bds/appeal/view/rpt_form.asp, or
usually available the following day by calling the Appeal Board Secretary at (503) 823-7335.
 
Reconsideration:
 
If you are not satisfied with the Administrative Board’s decision, you may submit a different design for reconsideration or apply for a hearing with the Board(s) of Appeal. There is no charge for the first reconsideration. To file a reconsideration, follow the same submittal process using the same form. Be sure to indicate at the beginning of the appeal form that you are filing a reconsideration and include the Appeal ID #.
 
 
Applications and Handouts
 
 

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