Chapter 28.02 Definitions

City Code Chapter

28.02.010 General.

 (Added by Ordinances 181437 and 191154, effective March 1, 2023.) 

  1. For the purpose of Title 28 certain words, phrases, terms and their derivatives will be construed to have the meaning as specified in this Chapter and elsewhere in Title 28.
  2. Where words, phrases, or terms are not defined in this Title, their meaning will be as defined in the Specialty Codes.  If not defined in the Specialty Codes, the words, phrases, or terms will have their ordinarily accepted meanings within the context of their use.

28.02.020 Definitions.

(Amended by Ordinances 181437, 183597, 187664, 191154 and 191736, effective July 1, 2024.)

  1. A.  Addition: An increase in the floor area or height of a floating structure or an expansion of walkways, piling or other similar structural portions of a moorage or marina.
  2. B.  Alteration: Any change or modification of existing construction.
  3. C.  Barge-home:  A floating structure, without a means of self-propulsion, which is primarily for occupancy as a one or two family dwelling which is constructed on a floatation system that is designed and constructed as a boat and which is directly connected to electrical, sanitary sewer, and/or potable water supply.  For the purposes of Title 28 a Barge-home will be considered to be a Floating Home and will be required to meet all design and construction requirements of a Floating Home as specified in Title 28.  This requirement also applies to the floatation system and its connection to the moorage structure.  (See Chapter 28.06)
  4. D.  Berth:  A waterside area defined by floating walkways and fingerfloats, for the wet storage of a boat, or mooring of a floating home, combo-structure or boathouse; mooring site.
  5. E.  Boarding Float:  A floating structure located on or adjacent to a boat ramp that provides pedestrian access to and from a boat in the water.
  6. F.  Boat:  A vessel or watercraft, other than a Floating Home, Tender House, Boathouse, Combo-Structure or other Floating Structure as defined in Title 28 and ORS 830.005 (2005), that may or may not be equipped with a means for self propulsion and may or may not be licensed and titled by the State or documented by the U.S. Coast Guard for operation on inland, coastal or international waterways and whose intended primary use is as a means of transport on the water for the transport of passengers or cargo or to engage in commerce.
  7. G.  Boathouse: A covered floating structure used for the wet or dry storage of a private boat(s) or personal watercraft of the owner or lessee of the boathouse.  A boathouse may contain a work area which is used for maintenance and repair of the boat(s) or personal watercraft stored in the boathouse.  Sanitation facilities consisting of a toilet, lavatory and shower may be provided as part of the work area.  A boathouse may not contain a kitchen or any facilities, equipment or furnishing that accommodates overnight sleeping.
  8. H.  Boatwell:  A mooring site or berth contained within the structure of a boathouse or combo-structure for the storage of the private boat or personal watercraft of the owner of the boathouse or combo-structure.
  9. I.  Certified Structural Inspector:  An inspector certified as a building inspector in the state where inspections of the floating structure are performed, by the authority having jurisdiction to grant such certifications; or an inspector who has been certified by a recognized national organization such as the International Code Council (ICC) as a building inspector.  Such inspectors must be knowledgeable in all aspects of City building codes, including Title 28 and be approved to:
    1. 1.  Perform the required inspections on residential or commercial floating structures to insure compliance with all applicable codes
    2. 2.  Inspect floats for floating structures constructed in compliance with Subsection 28.06.030 A. of Title 28 and the structures supported on those floats, or inspect any structure installed on an engineered float:
      1. a.  With the assistance of a Certified Floating Structure Inspector or
      2. b.  After training and approval as a Certified Floating Structure Inspector.
  10. J.  Certified Floating Structure Inspector:  An individual, who through training and experience, is knowledgeable about the design, construction and maintenance of floating structures and moorage facilities.  PP&D will be responsible for certifying such inspectors through a process established by BDS in consultation with the River Community Advisory Committee.  Such inspectors must be approved to inspect floats and walkways for floating structures and their connections, as defined in Title 28, within the jurisdiction of the City of Portland.  Such inspector must either possess all qualifications set forth in Subsections 1. and 2. below or possess all of the qualifications of Subsection 1. and successfully complete an approved training program for the inspections of floats and walkways for floating structures and their connections:
    1. 1.  At least 10 years of verifiable experience in the construction industry, of which at least 5 years of verifiable experience may be from any combination of the following:
      1. a.  Experience as a hands-on craftsman doing building construction or repair
      2. b.  Experience as a supervisor for building construction or repair
      3. c.  Experience as a design professional (architect, structural or civil engineer) for building construction
      4. d.  Experience as an inspector for building construction.
    2. 2.  At least 5 years of verifiable experience in the design, construction, inspection, maintenance and repair of floating structures including:
      1. a.  Log float construction, including stringers
      2. b.  Piling systems
      3. c.  Utility systems
      4. d.  Floating structure construction
  11. K.  Combo-Structure: A boathouse-dwelling unit combination.
  12. L.  Covered Moorage (covered marina):  Floating structure(s) used primarily for the moorage of boats in berths which are fully or partially covered by a roof structure to protect the boats from weather.
  13. M.  Dangerous Structure:  Any structure which has conditions or defects as described in Section 24.15.060, Section 24.15.065 or Section 19.16.250 to the extent that life, health, property, or safety of its occupants or the public are endangered.
  14. N.  Debris Boom:  A pile-supported floating structure, typically comprised of logs or foam filled pipe, located immediately upstream of a facility that provides protection from floating debris.
  15. O.   Deck:  The walking surface on top of the flotation system or gangway.
  16. P.   Director:  The director of the Portland Permitting & Development as provided in Section 24.10.050.
  17. Q.  Dwelling:  Structure containing one or two dwelling units used, intended or designed to be used, leased, let or hired out to be occupied for living purposes.  See also "Multi-family dwelling".
  18. R.  Dwelling Unit:  One or more habitable rooms that are occupied by, or designed or intended to be occupied by, one person or by a family or group of housemates living together as a single housekeeping unit that includes facilities for living, sleeping, cooking, eating, and sanitation.
  19. S.  Engineer of Record:  The term “engineer of record” means either engineer or architect of record.
  20. T.  Existing Nonconforming Condition: The allowance for a floating structure, with conditions existing prior to the adoption of new or updated codes which regulate the construction of such structures, to remain without the requirement for retroactive improvement to the new or updated standards under Title 28, provided the existing structure is maintained in good repair and does not become a dangerous structure, or does not otherwise pose an imminent danger to the public health or safety or to adjoining property. An "existing nonconforming condition" does not include structures which violate Title 33.
  21. U.  Existing Structure:  A floating structure built and secured in its current mooring site prior to January 1, 2008 or previously built and moored in its current mooring site under a valid permit in compliance with Title 28.  If a floating structures is in violation of Title 33, it is not an "existing structure" within the meaning of Title 28.
  22. V.  Fire Apparatus Access Roads: Roads providing the driving surface for fire department vehicles responding to an emergency, extending from a public right-of-way to a point nearest a moorage or marine gangway or pier.
  23. W.  Float Structural Components: Stringers, joists, beams, logs, or other similar components that support the structure, which directly anchor the floating structure to the floatation system.
  24. X.  Floatation Device:  Logs, foam blocks, concrete floats or other similar devices which in combination form a floatation system that provides buoyancy for the support of a floating structure.
  25. Y.  Floatation System (Float):  An assembly comprised of both the floatation device(s) and the float structural components. The floatation devise and float structural components each represent 50 percent of the floatation system. The floatation system may be either a prescriptive system or an engineered system, as provided under Title 28. The deck is not considered part of the floatation system.
  26. Z.  Floating Home: A floating structure used as a one or two family dwelling or sleeping unit which is supported by a floatation system.
  27. AA.  Floating Structure: A structure supported by a floatation system constructed in compliance with Title 28 and held in place by piling and/or mooring devices.
  28. BB.  Gangway: A variable slope structure intended to provide pedestrian access between a fixed pier or shore and a floating structure.
  29. CC.  Harbor Master:  That person assigned to carry out the duties of Harbor Master, as provided in Section 19.04.070.
  30. DD.  Houseboat:  A watercraft, with a hull, capable of travel under its own power as part of its normal use which is registered by the State as a watercraft and which contains a dwelling or temporary dwelling structure.  Houseboats are a category of boat.
  31. EE.  Identifying Number Plate:  A registration plate issued by the State Marine Board with each Certificate of Registration for a Floating Home (FH), a Boathouse (BH) or Combo-structure (C).
  32. FF.  Improvement:  The addition of new or alteration of existing elements to an existing structure to improve or alter the functional character of the space or element.
  33. GG.  Maintenance:  The work of keeping a structure or property in proper condition to prevent deterioration or unsafe conditions and to perpetuate its use.
  34. HH.  Marina: Floating structure(s) used primarily for the service, repair, sale or moorage of boats in berths, but may include other occupancies.
  35. II.  Moorage: A site used primarily for the mooring of one or more floating structures or boats and includes the piling, mooring connectors, piers, ramps, gangways, walkways, and the land area used in conjunction therewith.
  36. JJ.  Moorage Map:  A plan of a moorage.
  37. KK.  Moored or Mooring: The attachment of a boat or floating structure in one location temporarily or permanently to piles, walkways, gangways, piers or other structures.
  38. LL.  Mooring Connectors: A connection between a floating structure, floating home, boathouse, berth, or marina, and a pile, pier, walkway, ramp, gangway or other structure, with the capability to hold the structure in place under reasonably expected conditions.
  39. MM.  Mooring Site: A site within a moorage designed or used for the mooring of a boat, boathouse, floating home, combo-structure or other floating structure; including berths or slips.
  40. NN.  Multi-family Dwelling:  A structure containing three or more dwelling units used, intended or designed to be used, leased, let or hired out to be occupied for living purposes.
  41. OO.  New Construction: A new floating structure or an addition to an existing floating structure.
  42. PP.  NFPA:  National Fire Protection Association.
  43. QQ.  Operator:  Any person who has charge, care or control of all or part of a moorage or marina, or a building or structure associated with a moorage or marina.
  44. RR.  Owner, Moorage:  Any person having a legal or equitable interest in a moorage or marina and any building or structure that is part of the equity of the moorage or marina.
  45. SS.  Owner, Floating Structure:  A person who has a legal or equitable interest other than a security interest in a floating structure, and the right of use or possession of the floating structure, but does not include a lessee.
  46. TT.  Pier: A non-floating fixed platform extending out over the water from shore to which gangways are usually attached.  (Piers and wharves are regulated under the Oregon State Structural Specialty Code).
  47. UU.  Pile or Piling:  A column or group of columns of timber, steel, or reinforced concrete bored or driven into the ground to carry vertical and lateral loads from a floating structure or pier, including those systems of piles described as dolphins or batter piles.
  48. VV.  Plumbing, Plumbing System, or Plumbing Fixtures:  All potable water building supply and distribution pipes, all plumbing fixtures and traps, all drainage and vent pipes, all drains, sewers, and sewage holding tanks including their respective joints and connections, devices, receptors, and appurtenances within the premises, potable water piping, potable water treating or using equipment, and water heaters.
  49. WW.  Property:  The area of a moorage or marina within defined legal boundaries including all portions of the moorage or marina facility located on land and on water and all improvements, buildings or structures within that boundary that are part of the equity of the marina or moorage; or a floating structure under separate ownership from the moorage where it is located.
  50. XX.  Public way:  Any sidewalk, planting strip, alley, street, or pathway, improved or unimproved, that is dedicated to public use.
  51. YY.  Ramp: A fixed, sloped structure providing pedestrian access between portions of a moorage that are at different elevations.
  52. ZZ.  Reconstruction:  The disassembly and subsequent replacement of portions of a structure with like material in a manner consistent with the previous construction.
  53. AAA.  Repair: The replacement or renewal of any part of an existing structure for the purpose of its maintenance.
  54. BBB.  River Community:  The group of 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.
  55. CCC.  Site Map:  A plan of a moorage or marina that includes related land-based structures.
  56. DDD.  Slip:  See mooring site.
  57. EEE.  Specialty Codes: The Oregon Structural Specialty Code (as adopted in City Code Chapter 24.10), Oregon Residential Specialty Code (as adopted in City Code Chapter 24.10), Oregon Mechanical Specialty Code (as adopted in City Code Chapter 27.01), Oregon Plumbing Specialty Code (as adopted in City Code Chapter 25.01), the Oregon Electrical Specialty Code (as adopted in City Code Chapter 26.01) and the Oregon Fire Code (as adopted in City Code Chapter 31.10).
  58. FFF.  Swim or Ski Floats:  A floating platform or ramp, without enclosed usable space, intended for the recreational use of swimmers and water skiers.
  59. GGG.  Tender House: An uninhabitable, floating, accessory structure whose use is incidental to the use of the main structure it is accessory to and which is located at the same mooring site as the main structure.  Water, gas and electric utilities may be provided but the structure will not contain a kitchen or any facilities, equipment or furnishing that will allow for overnight sleeping or maintenance of separate living.  An accessory structure which contains a kitchen or any facilities, equipment or furnishing that will allow for overnight sleeping or separate living will be regulated as a floating home and not as a Tender House and is required to be titled and registered with the State Marine Board as a Floating Home (FH).
  60. HHH.  Transient Tie-Up: A floating structure used exclusively for the open moorage of pleasure boats on a short term, maximum 72-hour stay or a floating structure used for passengers boarding or leaving commercial watercraft where the commercial watercraft remains moored to the floating structure for a maximum of 12 hours within any 24 hour period.
  61. III.  Vessel:  Any vehicle at least 110 feet or more in length overall, used or capable of being used as a means of transportation on water.
  62. JJJ.  Walk: A fixed portion of a floating structure providing a walking surface for access to and around a floating structure.
  63. KKK.  Walkway: A covered or open floating structure used for ingress to or egress from a mooring site.  There are three types:
    1. 1.  Fingerfloat: A fingerlike floating structure, usually attached perpendicular to a main walkway or marginal walkway, which physically defines a berth and provides direct pedestrian access to and from a berthed boat or floating structure to the main or marginal walkway.
    2. 2.  Main Walkway: A floating structure to which one or more fingerfloats may be attached, which provides direct pedestrian access between the mooring site and marginal walkways or shore.
    3. 3.  Marginal Walkway: A floating structure that provides pedestrian access between two or more main walkways and the shore or between two or more fingerfloats and the shore where no main walkways are used and fingerfloats attach directly to the marginal walkway.
  64. LLL.  Water Dependent Activity:  An activity that is dependent upon access to navigable or non-navigable waters, including but not limited to moorages and marinas.
  65. MMM.  Watercraft:  Any vehicle less than 110 feet in length overall, used or capable of being used as a means of transportation on water.