The building code sorts the ways that buildings are used into separate "occupancy classifications". Every building is given an occupancy classification when it is built, and each occupancy classification has different building code requirements that go along with it. The requirements reflect the type of hazard or uses in the building.

A change of occupancy is when the proposed use would fall under a different occupancy classification than the building's existing permitted use. Changing a residential unit to commercial use, or changing a commercial unit to residential use, would be a change of occupancy. As would changing a unit approved for either commercial or residential use to a mixed use unit.

For a single unit to be used for mixed live/work, the city will review for the most restrictive requirement that applies to either a residential or a commercial use. For example, the unit's kitchen would have to meet the more strict commercial code requirements, and the room that could be used for sleeping would have smoke detector requirements that wouldn't apply to a normal commercial unit. Where live/work units have commercial space on one level and residential use on another, we approve plans that show the occupancy classifications of each level clearly identified.

Changing a residential unit to allow any commercial use is particularly difficult if the building is less than three years old. Building code requirements to do with accessibility improvements for disabled people don't only apply to new work. The code requires that improvements be made to the access based on the value of any alterations made to the building in the past three years. That means that, for a recently constructed building, the cost of the original construction would be included.

A residential unit that is served by stairs rather than an elevator will be especially difficult to alter for commercial use.

A Life Safety Reviewer can answer any questions that you have concerning a change of occupancy to live/work. Visit the Development Services Center or call (503) 823-1456.

Seismic improvements would generally not be required when changing the use of a recently constructed building. But we suggest that you call a Structural Reviewer at (503) 823-1302 to make sure that any recently adopted changes to the seismic regulations wouldn't create an issue for your project.

System Development Charges (SDCs) are one time fees that could apply when changing the use of a unit. BDS has pulled together information on all the SDCs online. From there, you can also jump to more specific information on each bureau's individual website.

The Bureau of Parks and Recreation charges an SDC to add a new residential unit. Depending on the type of the residential use, the cost of the SDC may vary. A Parks SDC would not apply to convert a residential unit to commercial or mixed use. Call Parks SDC staff at (503) 823-5105 with any questions.

Adding a residential use to a permitted commercial unit, or adding plumbing fixtures along with a commercial use, could result in the Bureau of Environmental Services (BES) charging a Sanitary SDC. BES staff can discuss your project with you if you call (503) 823-7761.

For the Water Bureau, the SDC is based on the size of meter installed. If your new project will include the addition of plumbing fixtures, it is possible that a larger meter size could be required and an SDC charged. Water lines required for sprinkler systems are exempt from SDC fees. Portland Water Bureau staff is available to answer your SDC questions at (503) 823-7368.

The Transportation SDC will depend on the previous use of the space and the size of the dwelling unit. In most cases, a mixed use project will be charged at the commercial rate. Call staff at (503) 823-7002 to discuss the specifics of your project.

The city will require that plans for any project with complex issues or structural work be prepared by a licensed professional. Plans need to be clear and complete, regardless of who prepares them.

Plans will generally include a site plan, a plan of each floor, a cross section, and often stair details. Plans should show how the proposed use and layout meet current code requirements. If there are areas that need to be improved to meet current code, the drawings should include construction details showing how these will be modified.

Depending on the age of the building, we may have plans of the existing building in our microfilm records that can help during the planning stage. See information on Resources/Records.

We encourage you to visit the Development Services Center (DSC) as soon as you have preliminary plans showing what you have in mind.

The DSC is on the ground floor of the building at 1900 SW 4th (4th and Hall). See DSC Hours and Service Availability.

In the DSC you will find technical staff from virtually all of the city bureaus that can discuss requirements applying to your project and that will be reviewing your project when it comes in for a permit.

DSC staff can also give you an idea of the permit fees for your project.

It is not uncommon, in the case of a change of occupancy, to have one or more building code appeals. Appeals can be preliminary - before the permit is applied for - or you can wait until you have applied for the permit and can be sure that all the issues that might need an appeal have been identified. The appeals process takes about a week. View more information on the appeal process.

There is a lot of information available about permits and the permit process on the BDS website. You may want to look at the Commercial Alterations or the New Users section. 

A change of occupancy permit is a building permit. To apply for the change of occupancy permit, you must provide the city with four sets of plans, pay part of the fees up front including an additional change of occupancy plan review fee and then turn the plans in for review. Plans will generally include a site plan, a plan of each floor, a cross section, and often stair details. Plans should show how the proposed use and layout meet current code requirements. If there are areas that need to be improved to meet current code, the drawings should include construction details showing how these will be modified.

The DSC is on the ground floor of the building at 1900 SW 4th (4th and Hall). We encourage you to get in to the DSC earlier in the day rather than later. The wait times get longer as the day goes by, and it also tends to be more of a challenge to find parking.

In the DSC you will find technical staff from virtually all of the city bureaus that can discuss requirements applying to your project and that will be reviewing your project when it comes in for a permit.

Staff representing the various groups with an interest in development (building, zoning, fire, transportation, sewer, etc.) will be assigned to your project. Any reviewer who looks at your plans and needs additional info/corrections before signing off will mail you a "checksheet" telling you what they need. The city's goal is to get all of those checksheets out (for a change of occupancy) within a couple of weeks.

To respond to a checksheet, you will go to Document Services, which is on the second floor (above the DSC). You will need to update all four sets of the originally submitted drawings, either by replacing the original sheets with new sheets or marking changes on the originally submitted sheets. Keep any replaced sheets with the new sheets, and mark them "Void".

When all the corrections are made, the reviewers will check the changes made. When all the reviews are completed, it takes several days to process the paperwork. Then, you pay the rest of the fees and the permit is issued. Licensed contractors will need to apply for separate permits to do the electrical and plumbing work.

When all the inspections (building, mechanical, electrical, and plumbing ) are approved, and the card you are given at permit issuance is all signed off, you will be issued a Certificate of Occupancy. The house can then be occupied as an educational use.