28.03.020 Permits and Inspections.

City Code Section

(Amended by Ordinances 181437, 183597187664, 191154 and 191643, effective March 29, 2024.)

  1. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, or convert any structure regulated by Title 28, except as provided for in Title 28, or cause the same to be done without first obtaining a separate permit for each structure from the building official as required by Title 28.
  2. Exemption from the permit requirements of Title 28 does not authorize any person to do work in any manner in violation of the provisions of Title 28 or any other rules or regulations of the City of Portland, the State of Oregon, or the Federal government.
  3. Unless otherwise exempted, separate plumbing, electrical and mechanical permits are required for any such work performed for floating structures regulated under Title 28.
  4. A.  Permits and inspections are required for the following:
    1. 1.  The new construction of floating homes, tender house structures, boathouses or combo structures, except as may otherwise be exempted elsewhere in Title 28.
    2. 2.  The construction of:
      1. a.  A new deck, walk, or porch not previously a part of a floating structure; or
      2. b.  An addition of habitable space for a floating home or combo-structure; or
      3. c.  An addition to an existing deck, walk, porch or the float for a floating home, or combo-structure.
      4. EXCEPTION:  A one time addition of not more than 5 percent in area or eight (8) inches in width or length, whichever is less, to the area of an existing deck, walk, porch or the float for a floating home or combo-structure is allowed without permit provided such extension does not cause an unbalanced or overloaded condition and provided such extension does not reduce the separation between floating structures below what is allowed by Title 28. Please note that any such additions need to meet the requirements of Title 33.
    3. 3.  Alteration to or reconstruction of any element of a floating home, boathouse or combo-structure except as exempted by Subsection 28.03.020 C.
    4. 4.  Existing or new floating homes, boathouses, combo structures or commercial structures moved from a site outside the City to a mooring site within the City of Portland.
    5. 5.  Existing or new floating homes, combo-structures or commercial structures relocated from one mooring site to another mooring site either in the same moorage or to a separate moorage within the City of Portland.
    6. 6.  The new construction, addition, alteration, reconstruction, or improvement of public and private floating structures.
    7. 7.  Any new, alteration of and/or structural repair of a gangway.
    8. Exception: Replacement of a non-structural deck with like materials.

      8.  Any new and/or alteration to any electrical, plumbing, heating/air conditioning installation on a floating structure, including wood stoves.
    9. Exception:  As provided in the Specialty Codes, minor repairs and maintenance of electrical, plumbing, heating/air conditioning installations do not require a permit.
    10. 9.  Temporary structural supports that will remain in place for not more than 180 days or relocation, replacement, reconstruction or repairs, that require a permit, that are performed to an existing structure due to an emergency condition may be undertaken without first obtaining a permit for the work.  The owner of the structure on which the work is performed must inform the Director within 3 business days of the commencement of the work, the extent of work that is being performed and must obtain the required permits for the work within 10 business days of the commencement of the work.
    11. 10.  A certificate of compliance is required for floating structures moved from one moorage to another moorage within the City.  No certificate of compliance is required for moving a floating structure from one slip to another within the same moorage.
  5. B.  The permit and inspection process and requirements will be as determined by the Director.  The Director will seek the advice and opinions of members of the River Community Advisory Committee during this process, but the Director has final authority in determining such processes and requirements.  Such information will be published by the Director in bureau policies and procedures that are made available to the public as provided in Chapter 1.07.  Such policies and procedures may not be altered or suspended until after consultation with the River Community Advisory Committee.
  6. C.  Permits and inspections are not required for the following. Please note the following items may be subject to Title 33 and require a Zoning Permit
    1. 1.  The new construction of structures regulated by Title 28 that will not be moored or occupied within the jurisdiction of the City. Substantiating documentation must be provided to verify compliance with this Section.
    2. 2.  Repairs to a floating structure as specified in Section 28.05.020.
    3. 3.  Replacement of piles as specified in Section 28.05.020.
    4. 4.  Construction, alteration or repair of individual swim or ski floats.
    5. 5.  The repair or reattachment of flexible water and sewer connections to individual floating homes, combo-structures, tender houses and boathouses, made in compliance with plumbing code requirements.
    6. 6.  Construction, alteration or reconstruction of any portion of tender houses not greater than 200 square feet in area and with a height of not more than 75 percent of the width of the float or 15 feet from the level of the float deck, whichever is less, to the highest point of the structure.
    7. 7.  Relocation of boathouses or tender houses within a moorage as long as the unit moved is in good repair and moved to a permitted slip. The distance between units relocated within a moorage may not be:  less than the distance between units that pre-existed prior to the move if that distance is less than 6 feet between the nearest exterior walls and 4 feet between the nearest roof, deck, balcony or other architectural projection; or less than 6 feet between the nearest exterior walls and 4 feet between the nearest roof, deck, balcony or other architectural projection if the pre-existing distances are greater than or equal to 6 feet between the nearest exterior walls and 4 feet between the nearest roof, deck, balcony or other architectural projection.  The distance between units when the relocation is to another moorage within the City will either comply with the separation distance required by Subsection 28.05.010 B.4. or be the separation distance as determined acceptable by consultation with the Harbor Master in compliance with Subsection 28.05.010 B.4.
    8. EXCEPTION:  Electrical permits are required for the connection of a relocated boathouse or tender house structure to electrical service at the new location.
    9. The owner/operator of the moorage must provide an updated moorage map as required by Section 28.05.010 reflecting the new location of the relocated boathouse and the distance between the boathouse and adjacent structures and must send a notice of the relocation, including separation distances after the relocation, to the Director.
    10. 8.  Temporary relocation of an existing floating structure from its normal mooring site for dredging or other maintenance work to the moorage or to facilitate the permitted move of other floating structures, provided the floating structure is returned to its normal mooring site and provide the final distance between floating structures is the same as previously existed prior to the temporary move.
    11. EXCEPTION: Electrical permits are required for the reconnection of floating structures moved under the provisions of this paragraph.
    12. 9.  Other work as exempted by the Specialty Codes.
    13. 10.  Work identified in Subsection 28.05.010 D.
  7. D.  When permits are required, the owner of the structure must obtain the required permits and inspections prior to proceeding with the next phase of work and obtain a final certificate of compliance prior to the occupancy of the structure.  Instructions for requesting inspection are provided at permit issuance.
  8. E.  It is the responsibility of the owner of the floating structure to obtain the required certificate of compliance under the following process:
    1. 1.  The owner of the structure or the owner's authorized agent must call for final inspection within 10 business days of the completion of the work covered by a permit.
    2. 2.  A Certified Structural Inspector from the Bureau of Development Services will respond to the call for final inspection within 2 business days of receipt of the call for final inspection.
    3. 3.  The area of work covered by the issued permit may not be occupied until the certificate of compliance has been issued.
    4. 4.  Failure to call for final inspection and obtain a certificate of compliance and/or occupying the area of work prior to obtaining a certificate of compliance will be cause for the Director to issue a notice to vacate the structure.

Upcoming and Recent Changes

Ordinance 191643

Effective Date