1. The City Administrator is authorized and directed to enforce all the provisions of this Title except to the extent the Building Code, as that term is defined in Section 24.10.075 A.1., empowers and requires the Building Official, as that term is defined in Section 24.15.055, to act.
2. A.  Appointees. The City Administrator may appoint officers, inspectors, assistants, and other employees to perform any duty imposed by this Title.
3. B.  Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this Title, or whenever the City Administrator has reasonable cause to believe that there exists in any building or upon any premises any condition or Code violation that makes such building or premises unsafe, dangerous, or hazardous, or upon presentation of a lawfully issued warrant, the City Administrator may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the City Administrator by this Title. If such building or premises is occupied, the City Administrator will first present proper credentials and request entry; and if such building or premises is unoccupied, the City Administrator will 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 City Administrator will have recourse to every remedy provided by law to secure entry. When the City Administrator has first obtained a lawfully issued 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 may fail or neglect, after proper request is made, to promptly allow the City Administrator to enter the building or premises for the purpose of inspection and examination pursuant to this Title.
4. C.  Stop work orders.  When it is necessary to obtain compliance with this Title, the City Administrator 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 City Administrator issues a stop work order, activity subject to the order may not be resumed until such time as the City Administrator or Building  gives specific approval in writing. The stop work order will be in writing, except when an emergency condition exists, the City Administrator may issue a stop work order orally. 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 City Administrator and may appeal the  determination in accordance with City Code Section 3.30.080.
5. D.  Authority to condemn equipment. Whenever the City Administrator learns or ascertains that any equipment, as defined in this Title, has become hazardous to life, health, or property, a written order will be issued requiring that such equipment be restored to a condition of safety or be dismantled or removed from its present location. The written notice will fix a time limit for compliance with such order. No person may use or maintain the defective equipment after receiving such notice.

It is 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 City, or cause the same to be done contrary to or in violation of any of the provisions of this Title. Maintenance of equipment that was unlawful at the time it was installed, and that would be unlawful under this Title if installed after the effective date of this Title, constitutes a continuing violation of this Title.
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 City Administrator may gain compliance by any of the remedies outlined in Chapter 3.30 of this Code.

1. 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, will not be affected by such invalidity, and to that extent the provisions of this Title are declared to be severable.

1. A. Appointment of Administrative Appeal Board. The Portland Permitting & Development Services Administrative Appeal Board consists of the Building Official and Portland Permitting & Development staff members appointed by the City Administrator. In appointing staff members, the City Administrator 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 Portland Permitting & Development’s application and interpretation of the State of Oregon specialty codes adopted in this Title (collectively referred to as the “Mechanical Code”);
   2. 2. review requests for modifications to the strict application of the Mechanical 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 Portland Permitting & Development related to the application and interpretation of the Mechanical Code or who wants to request a modification to the strict interpretation of the Mechanical 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 Portland Permitting & Development decision being appealed; provided, however, the Mechanical Code in effect at the time the Portland Permitting & Development decision was made will be applied to the administrative appeal. The Administrative Appeal Board may:
   1. 1. grant an appeal if the Administrative Appeal Board finds that the Mechanical Code was not correctly interpreted or applied;
   2. 2. grant a modification to the application of the Mechanical Code where special individual reasons make application of the strict letter of the Mechanical Code impractical, the modification is in compliance with the intent and purpose of the Mechanical Code, and such modification does not lessen health, accessibility, life and fire safety or structural requirements of the structure; or
   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 Mechanical Code that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the Mechanical Code in quality, strength, effectiveness, fire resistance, durability, accessibility and safety.  The Administrative Appeal Board may not waive the requirements of the Mechanical 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. Portland Permitting & Development will provide final decisions to the appellant by publication of the decision on Portland Permitting & Development’s website within 10 calendar days of the hearing, provided Portland Permitting & Development has received all required information from the applicant.
3. C. Reconsideration of final decisions and appeals to the Mechanical 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 Mechanical Code Board of Appeal in accordance with Section 27.02.031 within 90 days of the final decision being appealed. The appeals 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 Mechanical Code Board of Appeal. The Mechanical 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 Mechanical Code Board of Appeal.
4. D. Fees for appeals. The fees for administrative appeals will 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 Portland Permitting & Development’s website.

1. A. Appointment of Mechanical Code Appeal Board. In order to hear appeals of final decisions of the Building Official made under Section 27.02.030, there is a Mechanical Code Board of Appeal, consisting of three members and one alternate 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 Mechanical Code and the safety of installations and apparatus regulated by this Title, including the design and installation of heating, ventilating, comfort cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances.
   2. 2. Mechanical Code Board of Appeal appointments are for three-year terms.  Appeal Board members may serve no more than two three-year terms.  However, board members may serve a third term if their board has not convened in the board member’s first two terms, or unless the City Administrator 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 the 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 Mechanical Code Appeal Board must comply with the State ethics laws applicable to public officials.
   5. 5.  Members of the Mechanical Code Appeal Board must serve in a voluntary capacity and without pay.
2. B.  Appeals to the Mechanical Code Board of Appeal. The Mechanical Code Board of Appeal may review Administrative Appeal Board decisions or any other final decision of the Building Official related to the application and interpretation of the Mechanical Code. The Mechanical Code appeal will be limited to the facts and record reviewed by the Administrative Appeal Board and the Building Official related to the decision being appealed. A hearing will be held within 45 days after an interested party submits a written appeal to the Mechanical Code Board of Appeal. A panel of three Mechanical 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 Mechanical Code Board of Appeal. The Mechanical Code Board of Appeal may provide reasonable interpretations of the requirements of the Mechanical Code and may grant an appeal if the Board finds one of the following:
   1. 1.  the Building Official did not correctly apply or interpret the Mechanical Code;
   2. 2.  special individual reasons make application of the strict letter of the Mechanical Code impractical, the modification is in compliance with the intent and purpose of the Mechanical 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 Mechanical Code and the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the Mechanical Code in quality, strength, effectiveness, fire resistance, durability, accessibility and safety. The Mechanical Code Board of Appeal may not waive the requirements of the Mechanical Code.
4. Any person aggrieved by a final decision of the Mechanical 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.