Chapter 24.10 Administration and Enforcement

City Code Chapter

24.10.010 Title.

This Title shall be known as the "Building Regulations," and may be so cited and pleaded and is referred to herein as "this Title."

24.10.020 Purpose.

(Amended by Ordinance Nos. 163908 and 187432, effective December 4, 2015.)  The purpose of this Title is to provide minimum performance standards to safeguard the health, safety, welfare, comfort, and security of occupants and users of buildings and structures within the City, and will provide for the use of modern methods, devices, materials, techniques, and practicable maximum energy conservation by regulating and controlling the design, construction, quality of materials, use, and occupancy, location and maintenance of all buildings, structures and land within this jurisdiction.

24.10.030 Scope.

(Amended by Ordinance Nos. 163237, 163908, 165678 and 176783, effective August 30, 2002.)  The provisions of this Title shall apply to the construction, alteration, moving, demolition, repair, and use of any building, structure or land, and to any land clearing or grading within the City.  Exceptions are work in the public right-of-way as approved by the City Engineer; publicly constructed sanitary and storm sewer systems and facilities approved by the BES Chief Engineer; and public utility towers and poles, mechanical equipment not specifically regulated in this Code.

24.10.040 Codes.

(Amended by Ordinances 158651, 162695, 163908, 164950, 166111, 166436, 169312, 169905, 172737, 174891, 177414, 177433, 178745, 179125, 181359, 182370, 184140, 185545, 185798, 186932, 188781, 189806, 190548191148, 191581 and 191582, effective February 9, 2024.)

  1. A.  Structural Specialty Code.  The provisions of the State of Oregon Structural Specialty Code 2022 Edition, as published by the International Code Council and known as the International Building Code 2021 Edition and amended by the Building Codes Division of the Oregon Department of Consumer and Business Services, including the appendices and standards adopted by the State of Oregon and Chapter 1, as amended by the Building Codes Division of the Oregon Department of Consumer and Business Services effective April 1, 2021, are hereby adopted by reference.  The Structural Specialty Code is on file in the Development Services Center of the City of Portland.
  2. B.  Compliance with recognized standards.  Where requirements of this Title do not provide necessary regulation or are not fully detailed with regard to processes, methods, specifications, equipment testing, and maintenance, standards of design, performance, and installation, and other pertinent criteria, the applicable standards and recommendation of the National Fire Protection Association, as set forth in its National Fire Code shall apply, a copy of which is on file in the City Auditor’s Office.  Said volumes and all subsequent editions are hereby incorporated in this Title by reference.
  3. C.  Application of other titles.  Nothing in this Title is intended to permit the establishment or conversion of any structure or use of any land in any zone which is not in accordance with the applicable sections of Title 25 (Plumbing Regulations), Title 26 (Electrical Regulations), Title 27 (Heating and Ventilating Regulations), Title 33 (Planning and Zoning Regulations).
  4. D.  Residential Code.  The provisions of the State of Oregon Residential Specialty Code, 2023 Edition, as adopted effective October 1, 2023 and published by the International Code Council, and known as the International Residential Code, 2021 Edition, and amended by the Building Codes Division of the Oregon Department of Consumer and Business Services, including the appendices and standards adopted by the State of Oregon, are hereby adopted by reference. The Residential Specialty Code is on file in the Development Services Center of the City of Portland.
  5. E.  2021 Oregon Energy Efficiency Specialty Code.  The provisions of the 2021 Oregon Energy Efficiency Specialty Code,  consisting of Chapter 13 of the Oregon Structural Specialty Code, 2019 Edition, ANSI/ASHRAE/IES Standard 90.1 – 2019,  as amended by the Building Codes Division of the Oregon Department of Consumer and Business Services, are hereby adopted by reference.  The 2021 Oregon Energy Efficiency Specialty Code is on file in the Development Services Center of the City of Portland.
  6. F.  International Building Code. The International Building Code 2021 edition, as published by the International Code Council, Chapter 32 in entirety and Chapter 33, Sections 3301, 3306, 3307, 3308, are hereby adopted by reference. The International Building Code is on file in the Development Services Center of the City of Portland.

24.10.050 Organization.

(Amended by Ordinance Nos. 176955 and 188647, effective November 17, 2017.)

A.  Bureau of Development Services.  The Bureau of Development Services shall be under the jurisdiction of the Director designated by the appointing authority.

B.  Director to enforce Title.  General.  The Director is hereby authorized and directed to enforce all provisions of this Title.  For such purpose the Director shall have the powers of a law enforcement officer.

C.  Deputies.  The Director may appoint officers, inspectors, and assistants and other employees.  The Director may also deputize employees as may be necessary to carry out the duties of the Bureau of Development Services.

D.  Right of Entry.  Whenever an inspection is necessary to enforce any of the provisions of this Title, or whenever the Director or the Director’s duly authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises substandard as defined within this Title, or upon presentation of a lawfully issued warrant, the Director may enter such building or premises at all reasonable times to inspect or to perform any imposed duty and shall have recourse to every remedy provided by law to secure entry.

24.10.060 Enforcement.

(Amended by Ordinance Nos. 168340, 176955, 187432, 188647 and 189806, effective December 18, 2019.)

A.  All permitted work shall be subject to inspection by the Director, and certain work shall have continuous inspection by special inspectors as specified in Section 24.20.  Approval as a result of an inspection will not be construed to be an approval of a violation of the provisions of this Title or of any other laws or regulations of the City.  Inspections presuming to give authority to violate or cancel the provisions of this Title or of any other laws or regulations of the City shall not be valid.  The Director shall have the authority to make or require all inspections necessary to ascertain compliance with this Title and any other laws enforced by the Director.

B.  The Director, upon notification from the permit holder or the permit holder’s agent, shall either approve of those portions of the construction requiring inspection or shall notify the permit holder, or the permit holder’s agent, in writing, wherein the same fails to comply with the provisions of this Title.

C.  Stop Work Orders.  When it is necessary to obtain compliance with this Title, the Director may issue a stop work order requiring that all work, except work directly related to elimination of the violation, be immediately and completely stopped.  If the Director issues a stop work order, activity subject to the order may not be resumed until such time as the Director gives specific approval in writing.  The stop work order will be in writing, except when an emergency condition exists, the Director may issue a stop work order orally, followed by a written stop work order.  All stop work orders will conform to the requirements of City Code Section 3.30.080.  Any person subject to a stop work order may seek review of the order by the Director and may appeal the Director’s determination in accordance with City Code Section 3.30.080.

D.  It is unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Title.

E.  If an unoccupied structure or structure under construction is open or unattended, the Director may enter to determine if a hazardous condition exists.  If such a condition exists, the Director shall notify the owner of the condition and order the structure immediately secured against the entry of unauthorized persons.

F.  In the event the property owner, permit holder or the owner’s 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 Chapter 3.30 of the Code of the City of Portland and is authorized to institute any appropriate proceeding at law or in equity to restrain, correct, or abate such violation or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this Title or of the order or direction made pursuant thereto.

24.10.070 Application for Permits.

(Amended by Ordinance. Nos. 162100, 163908, 165678, 169905, 171773, 174880, 176783, 176955, 180330, 187432, 188647, 188884, 189806, 190350 and 190548, effective October 8, 2021.)

A.  Permits required.  No person, firm, or corporation may erect, construct, enlarge, alter, repair, move, improve, remove, convert, change occupancy group of, or demolish any building or structure, or do any clearing or grading, or cause any of the same to be done without first obtaining the proper permit, or where appropriate a minor structural label as outlined in Section 24.10.095.  The limitations of Oregon Revised Statutes 455.020 notwithstanding, permits are required to construct, alter, repair or move any structure as identified in this Title or in the Oregon Structural Specialty Code or the Oregon Residential Specialty Code, as adopted in Chapter 24.10 of this Title.  Building permits and fees for work on private property are waived whenever the work appears on plans and specifications, approved by the City Engineer or BES Chief Engineer.  This work will be limited to the construction of streets, public sewers, public stormwater management facilities, driveways, retaining walls, fences, walkways, parking pads, steps, and tree, shrub, and brush removal.

B.  Plans and specifications. 

1.  Plans, engineering diagrams, and other data must be submitted  with each application, and must comply with the requirements of Chapter 1 of the Oregon Structural Specialty Code and this Title.  If a structural design is required, computations, stress diagrams, computer data, and such additional data as required by the Director, sufficient to show the correctness of the plans and compliance with the structural provisions of this Title must be submitted.  The above data must include a brief summary of all basic assumptions, design methods, structural systems, loading, lateral bracing systems, and a table of contents of the computations.  Computer calculations submitted as substantiation of the design  must include a copy of the program user manual for each program, definition, sketches, index of data runs, and properly identified input and output listings.  For other than nationally recognized programs, the correctness of the program must be substantiated in a manner acceptable to the Director.  When required by the Director, or when required under ORS 672 (State Engineering Law) or ORS 671 (State Architectural Law), plans must be prepared and certified by a registered design professional licensed to practice in the State of Oregon. If the Director determines that the proposed work is of a highly technical nature or there is an unreasonable potential risk to life and/or safety of the structure, the Director can require that the plans be prepared and designed by an engineer or architect licensed by the State to practice under ORS 672 or ORS 671.

2.  Examination of documents.  The Director will examine or cause to be examined plans and specifications and will ascertain by such examination whether the construction indicated and described is in accordance with the requirements of this Title and other laws and regulations of the City.

C.  Parking lots.  Parking lots will not require a separate building permit when they are clearly shown on plans submitted and their valuation is included on the application for the principal building permit.

D.  Compliance with Chapter 17.88 (Street Access) of this Code is required prior to issuance of  a permit issued under this Chapter 24.

E.  Plans for other than one and two family dwelling repairs, remodels, or additions  must be approved by the Fire Marshal prior to approval by the Director.

F.  Issuance of permits.  Except as otherwise provided in this Title,  permits will be issued in accordance with Chapter 1 of the Oregon Structural Specialty Code and the provisions of this Title, provided that plans for all commercial buildings and any off‑street parking area where the parking of three or more cars is to be established must be approved by the City Engineer and the City Traffic Engineer before a building permit may be issued.

1.  Action on application.  The Director will issue a permit if the Director is satisfied that the proposed work conforms to the requirements of this Title and other laws and regulations of the City.

2.  Validity of permit.  The issuance or granting of a permit must not be construed to be a permit for, or an approval of, any violation of any provisions of this Title or of any other laws or regulations of the City.  Permits presuming to give authority to violate or cancel the provisions of this Title or other laws or regulations of the City must not be valid.  The Director is authorized to prevent occupancy or use of a structure where in violation of this Title or any other laws or regulations of the City.

3.  Suspension or revocation.  The Director is authorized to suspend or revoke a permit issued under the provisions of this Title wherever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any provisions of this Title or any other laws or regulations of the City.

G.  Charge for partial permits.  When complete plans and specifications are not available, the Director may issue partial permits to assist in the commencement of the work, provided that a partial permit charge is paid to the bureau.  The number of partial permits issued may not exceed six on any individual project, except that in special circumstances the Director may allow this number to be exceeded.

H.  Retention of plans.

1.  Plans and specifications for all buildings, or their photographic image, must be retained permanently in the files of the Bureau of Development Services, except as follows:

a.  Plans and specifications for work which does not concern or affect the structural stability of a building and which does not affect a change of occupancy may be destroyed after 5 years from date of building permit for same;

b.  Plans and specifications for one or two family dwellings, and/or buildings accessory thereto may be destroyed after 5 years from date of building permit for same.

I.  A separate permit will be required for site development, changes in use, or other work performed in compliance with Title 33, Chapter 33.700, Administration, which is not otherwise included with the permit described in Subsection A. of this Section.  Reviews and approval of site plans or other documents must be obtained from the Bureau of Development Services prior to issuance of the permit.

J.  Life of Permit Limited.

1.  Permit applications.

a.  Initial permit application. Except for Personal Wireless Service Facility permit applications, a permit application that is inactive for a period of 180 days will be deemed abandoned. If an abandoned permit application is not reactivated within 180 days of abandonment, the permit application will be void. If a permit application is void, a new permit application is required for the subject work. A Personal Wireless Service Facility permit application, for which a permit is not issued within 180 calendar days from the date the permit application is under review status will be deemed abandoned, unless the Building Official has granted an extension. An abandoned Personal Wireless Service Facility permit application may not be reactivated.

b.  Extensions. The Building Official may extend a permit application with justifiable cause, as determined in the Building Official’s sole discretion. A permit application may be extended for a period of up to 180 days. Extension requests must be in writing and received by the Bureau of Development Services before the scheduled permit abandonment date.

c.  Reactivations. Except for Personal Wireless Service Facility permits, the Building Official may reactivate a permit application that has been abandoned for less than 180 days with justifiable cause, as determined in the Building Official’s sole discretion. Reactivation requests must be in writing and received by the Bureau of Development Services within 180 days after permit expiration. If no activity occurs within 180 days after a permit application is reactivated, the permit application will be deemed abandoned. A permit application may be reactivated only once.

2.  Issued permits.

a.  Initial issued permit. Except for Personal Wireless Service Facility permits, if no inspection is approved within 180 days after permit issuance, the permit will expire. If an expired permit is not reactivated within 180 days of expiration, the permit will be void. If a permit is void, a new permit is required for the subject work. A Personal Wireless Service Facility permit that has not received final inspection approval within 180 days from the date the permit is issued will expire, unless the Building Official has granted an extension.

b.  Extensions. Except for Personal Wireless Service Facility permits, each time an inspection is approved, the permit will automatically be extended for 180 days. The Building Official may also extend a permit for periods of up to 180 days with justifiable cause, as determined in the Building Official’s sole discretion. Extension requests must be in writing and received by the Bureau of Development Services before the scheduled permit expiration date. If no inspection is approved or additional extension granted within the extended time period, the permit will expire.

c.  Reactivations. The Building Official may reactivate a permit that has been expired for less than 180 days, provided no changes have been made to the scope of work, and with justifiable cause as determined in the Building Official’s sole discretion. Except for Personal Wireless Service Facility Permits, a void permit may be reactivated provided there have been no changes to the scope of work and only the final inspection remains unapproved. A void Personal Wireless Service Facility permit may not be reactivated. Reactivation requests must be in writing and received by the Bureau of Development Services within 180 days after permit expiration. If no inspection is approved within 180 days of reactivation, the permit will expire. A permit may be reactivated only once.

3.  Fees. When a new permit is required, a new permit application must be submitted and new fees must be paid based on the current adopted Bureau of Development Services fee schedule. The Bureau of Development Services will adopt policies for fee refunds or credits of previously submitted permit applications. Fees for permit extensions and reactivations may also be charged as adopted in the Bureau of Development Services fee schedule.

K.  Maintenance Agreements. If any building element, structure, or utility crosses a real property line, a maintenance agreement and access easement must be signed by all affected property owners and recorded in the County Recorder’s Office on all affected properties.  The agreement and easement must address the repair, upkeep, and replacement of and access to all elements, structures, and utilities that cross a real property line.  Prior to recording, the maintenance agreement and access easement must be reviewed and approved by the building official.  The maintenance agreement and access easement may not be modified or suspended without the building official’s prior written approval.  The applicant must provide a copy of the recorded maintenance agreement and access easement to the building official prior to issuance of the building permit.

24.10.072 Other Structures and Construction Activities.

(Added by Ordinance 189806; amended by Ordinances 190548, 191581 and 191478, effective March 1, 2024.)

  1. A.  Regulated structures and construction activities.  The provisions of this Title apply to the following structures and construction activities regardless of when a permit was applied for or approved:
    1. 1.  Fire safety during construction.
    2. 2.  Protection of adjoining properties in accordance with International Building Code.
    3. 3.  Temporary use of streets, alleys and public property in accordance with International Building Code.
    4. 4.  Encroachment into the right-of-way in accordance with International Building Code.
    5. 5.  Mechanical equipment not specifically regulated in the Oregon Structural Specialty Code or Oregon Residential Specialty Code.
    6. 6.  Retaining walls, unless exempt pursuant to Subsection 24.10.072 B.
    7. 7.  Fences, unless exempt pursuant to Subsection 24.10.072 B.
    8. 8.  Tanks that are located exterior to and not attached to or supported by a building, unless exempt pursuant to Subsection 24.10.072 B.
    9. 9.  Cell phone, radio, television, and other telecommunication and broadcast towers that are not attached to or supported by a building.
    10. 10.  Ground mounted flagpoles, antennae, and similar structures over 25 feet in height that are not attached to or supported by a building.
    11. 11.  Signs not attached to or supported by a building.
    12. 12.  Ground-mounted photovoltaic arrays, unless exempt pursuant to Subsection 24.10.072 B.
    13. 13.  Fixed docks, piers or wharves with no superstructure.
    14. 14.  Equipment shelters not intended for human occupancy with a building area of 250 square feet or less, designated as Risk Category I or II.
    15. 15.  Transitional housing accommodations, as defined in ORS 197.746, as amended by House Bill 2916 (2019).
    16. 16.  Unoccupied grain elevators and silos not exempted by ORS 455.315.
    17. 17.  Rodentproofing, in accordance with Oregon Structural Specialty Code Appendix F.
    18. 18.  The design and construction of in-ground swimming pools accessory to not more than four dwelling units.
    19. 19.  Hydraulic flood control structures, including but not limited to dams and levees.
    20. 20.  Structures located within flood hazard areas as defined in Chapter 24.50, regardless of whether such structures are exempt under the State of Oregon Residential Specialty Code or Structural Specialty Code.

  2. B.  Exempt structures.  Exemption from the requirements of this Title shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Title or any other laws or regulations of the City.  The following structures are exempt from the provisions of this Title:
    1. 1.  Fences constructed of wood and similar materials not over 7 feet (2134 mm) high, fences constructed of masonry, concrete and similar materials not over 4 feet high, and typical field fencing not over 8 feet (2438 mm) high when constructed of woven wire or chain link. Exception: all barriers around swimming pools require a permit.
    2. 2.  Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, except where the retaining wall supports ascending slopes exceeding 3:1 or where the retaining wall supports a nonsoil surcharge.
    3. 3.  Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1.
    4. 4.  Swings and other playground equipment.
    5. 5.  Ground mounted photovoltaic systems 10 feet (3038 mm) or less in height measured to the highest point of the installation when no public access is permitted beneath the structures.

24.10.075 Bureau of Development Services Administrative Appeal Board.

(Added by Ordinance 187432; Amended by Ordinances 189806 and 191582, effective February 9, 2024.)

  1. A.  Appointment of Administrative Appeal Board.  The Bureau of Development Services Administrative Appeal Board consists of the Building Official and Bureau staff members appointed by the Director.  In appointing staff members, the Director will consider the issues presented by the appeal and what particular expertise will be helpful in addressing those issues.  The staff will act in an advisory capacity to the Building Official.  The Administrative Appeal Board may:
    1. 1.  review appeals of the Bureau’s application and interpretation of this Title and the State of Oregon specialty codes adopted in this Title (collectively referred to as the “Building Code”);
    2. 2.  review requests for modifications to the strict application of the Building Code; and
    3. 3.  review requests to use alternative materials, design or methods of construction and equipment.
  2. B.  Appeals to the Administrative Appeal Board and Final Decisions.  Any person aggrieved by a decision of the Bureau related to the application and interpretation of the Building Code or this Title or who wants to request a modification to the strict interpretation of the Building Code or consideration of an alternative material, design or method of construction or equipment may file an appeal with the Administrative Appeal Board.  Such an appeal must be filed within 180 days of the Bureau decision being appealed; provided, however, the Building Code in effect at the time the Bureau decision was made shall be applied to the administrative appeal.  The Administrative Appeal Board may:
    1. 1.  grant an appeal if the Administrative Appeal Board finds that the Building Code was not correctly interpreted or applied;
    2. 2.  grant a modification to the application of the Building Code where special individual reasons make application of the strict letter of the Building Code impractical, the modification is in compliance with the intent and purpose of the Building Code, and such modification does not lessen health, accessibility, life and fire safety or structural requirements of the structure;
    3. 3.  approve an alternative material, design or method of construction and equipment if the Administrative Appeal Board finds that any such alternative complies with the intent of the Building Code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the Building Code in quality, strength, effectiveness, fire resistance, durability, accessibility and safety.  The Administrative Appeal Board may not waive the requirements of the Building Code.  The Administrative Appeal Board review will culminate in a final decision by the Building Official.  The Administrative Appeal Board meeting is not open to attendance by the appellant or the public.  The Bureau will provide final decisions to the appellant by publication of the decision on the Bureau’s website within 10 calendar days of the hearing, provided the Bureau has received all required information from the applicant; and
    4. 4.  grant requirements that are in addition to this Title or other laws or regulations of the City as part of an appeal.
  3. C.  Reconsideration of Final Decisions and Appeals to the Building Code Board of Appeal.  Any person aggrieved by a final decision of the Building Official made under Subsection B. above may either file a reconsideration of that decision within 180 days of the decision based on new or revised information or appeal the decision to the Building Code Board of Appeal in accordance with Section 24.10.080 within 90 days of the final decision being appealed. The appeal package may not be altered from the administrative hearing. There is no additional fee for the first reconsideration of an Administrative Appeal Board decision or for an appeal to the Building Code Board of Appeal.  The Building Code in effect at the time of the final decision being reconsidered or appealed will be applied to the reconsideration or subsequent appeal to the Building Code Board of Appeal.
  4. D.  Fees for Appeals.  The fees for administrative appeals shall be as stated in the Fee Schedule adopted by the City Council.  The current approved Fee Schedule is available at the Development Services Center and on the Bureau’s website.

24.10.080 Building Code Board of Appeal.

(Replaced by Ordinances 187432 and 191582, effective February 9, 2024.)

  1. A.  Appointment of Building Code Board of Appeal.  In order to hear appeals of final decisions of the Building Official made under Section 24.10.075, there has been created a Building Code Board of Appeal, consisting of three members and three alternates appointed by the Mayor and approved by the City Council.
    1. 1.  Each member and alternate member must be qualified by experience and training to make decisions pertaining to the Building Code and building construction.  At least one member and one alternate member must be competent builders who have engaged in the construction business in the City for at least 2 years immediately preceding their appointments, and at least one member and one alternate member shall be competent architects who have practiced their profession for at least 3 years. The River Community Advisory Committee, see Section 28.03.015, may appoint a subject matter expert to advise on subjects specific to floating structures.
    2. 2.  Building Code Board of Appeal appointments shall be for 3-year terms.  Appeal Board members may serve no more than two 3-year terms. Board members may serve a third term if their board has not convened during the board member’s first two terms, or the Director recommends approval of a longer term, and the Mayor and City Council approve the extended appointment.  Vacancies occurring prior to the end of a term for whatever cause may be filled by qualified persons through appointment by the Mayor for the remainder of the term. If a board member does not convene in one of their first two terms, they are automatically rolled into a third term. Board members may opt out of a third term at their discretion.
    3. 3.  Any member may be removed by the Mayor for incompetence, dereliction of duty, incapacity or other sufficient cause.
    4. 4.  Members of the Building Code Appeal Board shall comply with the State ethics laws applicable to public officials.
    5. 5.  Members of the Building Code Appeal Board shall serve in a voluntary capacity and without pay.
  2. B.  Appeals to the Building Code Appeal Board.  The Building Code Board of Appeal may review Administrative Appeal Board decisions or any other final decision of the Building Official or Director related to the application and interpretation of this Title or the Building Code.  The Building Code appeal will be limited to the facts and record reviewed by the Administrative Appeal Board, Building Official or Director related to the decision being appealed.  A hearing will be held within 45 days after an interested party submits a written appeal to the Building Code Board of Appeal.  A panel of three Building Code Appeal Board members will hear each appeal.  The Board may, by a majority vote, affirm, annul, or modify the decision.
  3. C.  Powers and Limitations of Authority of the Building Code Appeal Board.  The Building Code Board of Appeal may provide reasonable interpretations of the requirements of the Building Code and may grant an appeal if the Board finds one of the following:
    1. 1.  the Building Official or Director did not correctly apply or interpret this Title or the Building Code;
    2. 2.  special individual reasons make application of the strict letter of the Building Code impractical, the modification is in compliance with the intent and purpose of the Building Code, and such modification does not lessen health, accessibility, life and fire safety or structural requirements of the structure; or
    3. 3.  any alternative material, design or method of construction and equipment complies with the intent of the Building Code and the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the Building Code in quality, strength, effectiveness, fire resistance, durability, accessibility and safety.  The Building Code Board of Appeal may not waive the requirements of the Building Code.
  4. Any person aggrieved by a final decision of the Building Code Board of Appeal may, within 30 days after the date of the decision, appeal to the appropriate advisory board of the State of Oregon Department of Consumer and Business Services.

24.10.085 Structural Engineering Advisory Committee.

(Added by Ordinance No. 162056; amended by Ordinance Nos. 187432 and 188647, effective November 17, 2017.)

A.  There is hereby created a Structural Engineering Advisory Committee consisting of six members licensed in Oregon to practice structural engineering, appointed by the Mayor and approved by the City Council.

Members may be appointed to no more than two consecutive 3-year terms, unless the Director recommends approval of a longer term, and the Mayor and City Council approve the extended appointment.  In addition, the Director, or designee, shall be an ex‑officio member of the board.

B.  Any member of the board may be removed from office by the Mayor for malfeasance in office or neglect of duty at any time during the member’s tenure.

C.  The committee shall elect a chairperson, adopt rules of procedure, and set the time and place for regular meetings.  A quorum consisting of at least three members of the committee is required to conduct committee business.  Written minutes of all meetings shall be made and kept subject to the requirements and limitations of ORS 192.610 to ORS 192.690.

D.  It shall be the duty of the board to advise the Director and/or the Appeals Board in structural matters relative to reasonable interpretation and to alternate materials and methods of construction.

E.  Any action of the board shall be in an advisory capacity to the City.  Subsequent action taken by the City as a result of advice from the boards shall be the sole responsibility of the City.

24.10.087 Alternative Technology Reviews.

(Added by Ordinance 182217; amended by Ordinances 187432 and 191582, effective February 9, 2024.)

  1. A. The Bureau of Development Services will determine which of the following boards of appeal to consult with regarding new or innovative sustainable building technologies and products:
    1. 1. Building Code Board of Appeal
    2. 2. Mechanical Code Board of Appeal
    3. 3. Electrical Code Board of Appeal
    4. 4. Plumbing Code Board of Appeal.
  2. B. The Alternative Technology Advisory Review serves only in an advisory capacity to the City.  Subsequent action taken by the City as a result of the applicable board of appeal’s review shall be the sole responsibility of the City.

24.10.090 Pre-application and Pre-construction Meetings.

(Amended by Ordinance No. 162100, effective August 1, 1989). Where major construction projects involve coordination between City bureaus and the design/ construction teams, the Director may hold a pre-application or pre- construction meeting with representatives of the interested parties as an aid to the enforcement of this Title.

24.10.095 Commercial and Industrial Minor Structural Labels.

(Added by Ordinance No. 171773; amended by Ordinance No. 187432, effective December 4, 2015.)

A.  General.  Oregon Revised Statutes Chapter 455.155 gives the Department of Consumer and Business Services the authority to create a statewide permit and inspection system for minor construction work.  The Oregon Building Codes Division under the Department of Consumer and Business Services has created a mandatory statewide minor labels program.  Implementation rules are found in Oregon Administrative Rules 918-100-0000 through 918-100-0600.  The Bureau, in accordance with OAR 918-100-0060, will conduct inspections and issue necessary correction notices for minor commercial and industrial labels issued pursuant to the statewide minor labels program.

24.10.100 Fees

(Amended by Ordinance 191148, effective February 24, 2023.)

  1. A.  General. The following fees are required to be paid to the Director of the Bureau of Development Services, shall be as set forth in this Chapter.
  2. B.  Building Permit and Plan Check/Process Fee.
    1. 1.  All required fees are stated in the Fee Schedule adopted by City Council. Fees will be updated annually or on an as needed basis. The approved Fee Schedule will be available at the Development Services Center.
    2. 2.  A plan checking fee is payable when the plans and application are accepted by the Director for examination and shall not be refundable. A permit fee shall be paid to the Director before a building permit is issued.
    3. 3.  Permit and plan check fees will, as a general rule, be refunded when the services covered by the fee have not commenced, and the permit or plan review fees were paid incorrectly due to an error on the part of the City. When a permit applicant requests a refund, but the City was not at fault in accepting payment, fees shall be retained to cover the cost of plan review or inspections actually performed and 20 percent of the amount remaining. State surcharge fees are only refundable when a permit was issued in error. Requests for refunds must be made within 6 months of payment or permit issuance, whichever is later. Refunds are to be made to the same person or firm who paid the fee within 3 months of the request. Exceptions to the above requirements may be made by the Director or designee.

24.10.150 Severability.

(Added by Ordinance 191581, effective February 9, 2024.)

If any provision of this Title, or its application to any person or circumstance, is held invalid by any court, the remainder of this Title and its application to other persons and circumstances, other than that which has been held invalid, shall not be affected by such invalidity, and to that extent the provisions of this Title are declared to be severable.

Upcoming and Recent Changes

Ordinance 191148

Effective Date

Ordinance Number 190548

Effective Date

Ordinance No. 190350

Effective Date