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28.05.010 Floating Structures.

City code section

(Amended by Ordinances 181437, 187664, 191154, 191643, 191736, and 192002, effective January 10, 2025.)

  1. A.  Retroactive improvements required of floating structures.
    1. 1.  Identification.  All floating structures must be identified by number or letter or combination thereof, corresponding to their location in a moorage.
    2. 2.  All floating homes, boathouses and combo-structures must have a state issued identifying number plate displayed in a location that is readily visible from the walkway providing access to the structure. Failure to properly display the required identifying number plate and/or produce the certificate of title issued by the State when requested to do so by the Harbor Master or a Certified Structural Inspector of Portland Permitting & Development will be cause for the violator to be cited for the violation and for appropriate enforcement action to be taken as provided for in Section 28.03.050. The violation will also be reported to the State Marine Board, the County Marine Patrol and the County Assessor.
    3. 3.  Moorage owners/operators must maintain a moorage map with each mooring site identified by number or letter or combination thereof and that identifies each floating structure by mooring site number or letter and by the identifying number.  Such maps must be updated as changes occur in the layout of the moorage or location of the floating structures in the moorage. Such map must be available for Harbor Master review when requested.
  2. B.  Separation required between floating existing structures.
    1. 1.  The separation existing on January 1, 2008, between one floating structure and another may be maintained provided such separation is:
    2. a.  Documented on the moorage map that is maintained by the owner/operator of the moorage facility; and
    3. b.  Provided that the Harbor Master determines that such spacing does not pose a high fire or life safety risk. A copy of the updated moorage map must be provided to the Harbor Master that shows the conditions and uses in place as of January 1, 2008. The City Administrator will refer to this map in determining whether an existing structure is considered an existing nonconforming condition under this Title.
    4. 2.  Floating homes and combo-structures relocated within a moorage must meet the following separation requirements:
      1. a.  For moorages constructed prior to November 3, 1990, 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 the distance is less than six feet between the nearest exterior walls and four feet between the nearest roof, deck, balcony or other architectural projection; or less than six feet between the nearest exterior walls and four feet between the nearest roof, deck, balcony or other architectural projection if the pre-existing distance is greater than or equal to six feet between the nearest exterior walls and four feet between the nearest roof, deck, balcony or other architectural projection.
      2. b.  For moorages constructed after November 3, 1990, 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 10 feet between the nearest exterior walls and eight feet between the nearest roof, deck, balcony or other architectural projection; or less than 10 feet between the nearest exterior walls and eight feet between the nearest roof, deck, balcony or other architectural projection if the pre-existing distance is greater than or equal to 10 feet between the nearest exterior walls and eight feet between the nearest roof, deck, balcony or other architectural projection.
      3. Where it is impractical to meet the separation specified in Subsection 28.05.010 B. due to structural limitations of the mooring site, the Harbor Master may approve a separation less than that specified. Such approval for reduced separation must be clearly documented on the moorage map and on the notification for the relocation that is provided to the City Administrator, as provided in Section 28.03.020.
    5. 3.  A floating structure used for other than a floating home, combo-structure, boathouse or tender house that is relocated from one mooring site to another within a moorage must comply with the separation distances required for new construction as specified in Subsection 28.06.050 D. Where it is impractical to meet the separation specified in Subsection 28.06.050 D. due to structural limitations of the mooring site, the Harbor Master may approve a separation less than that specified, but the separation may not be less than the separation that existed prior to the relocation or less than specified in Subsection 28.06.050 D., whichever is smaller. Such reduction may not pose unacceptable levels of fire or life safety risk as determined by the Harbor Master. Such approval for reduced separation must be clearly documented on the moorage plan and on the notification of the relocation that is provided to the City Administrator, as provided in Section 28.03.020.
    6. 4.  Existing or new floating homes, combo-structures, boathouses and tender houses relocated from a mooring site in one moorage within or outside the City to a mooring site in a different moorage within Portland must be spaced a minimum of six feet apart between the nearest exterior walls and four feet apart at the nearest roof, deck (which is elevated above the level of the walking surface of the float), balcony or other architectural projections, unless the moorage in which the relocation takes place was constructed after November 3, 1990 with separations between floating structures required to be greater than six feet wall to wall or four feet projection to projection, in which case the separations as required when the moorage was constructed will apply. In lieu of the required separations specified in this section the relocated structure may be provided with the alternative protection system as required by Subsection 28.05.010 C. A permit is required for any such move as provided in Section 28.03.020.
    7. 5.  A floating structure, either new or existing, used for other than a floating home, combo-structure, boathouse or tender house that is relocated from one moorage within Portland to another moorage within Portland must comply with the separation distances required for new construction as specified in Subsection 28.06.050 D. A permit must be obtained for any such move as provided in Section 28.03.020.
    8. 6.  Projections such as but not necessarily limited to eaves, roof overhangs, decks, balconies or other architectural projections for newly constructed floating structures, for additions and alterations to existing floating structures and for moved or relocated floating structures may not project beyond the edge of the float supporting the structure into the area above a main or marginal walkway, nor may such projections extend beyond the legally established boundaries of the mooring site.
    9. 7.  New, main floor additions to existing floating homes, combo-structures, boathouses and tender houses of up to a total of 25 percent by area, may be built with the same separation between the floating structure being expanded and the next adjacent floating structure as exists on January 1, 2008, and that is documented on the moorage map. A permit is required for any such expansion as provided in Section 28.03.020. No further additions beyond the original 25 percent may be made without complying with the separation as specified in Subsection 28.05.010 B.7.
    10. 8.  New, main floor additions to existing floating homes, in excess of 25 percent by area, and second floor additions of any size, must be spaced a minimum of six feet apart between the nearest exterior walls and four feet apart at the nearest roof, deck (which is elevated above the level of the walking surface of the float), balcony or other architectural projections, unless the moorage in which the relocation takes place was constructed after November 3, 1990 with separations between floating structures required to be greater than six feet wall to wall or four feet projection to projection, in which case the separations as required when the moorage was constructed will apply. In lieu of the required separations specified in this section the relocated structure may be provided with the alternative protection system as required by Subsection 28.05.010 C. A permit is required for any such expansion as provided in Section 28.03.020.
    11. 9.  Any addition to an existing floating structure other than a floating home, combo-structure, boathouse or tender house must meet the separation requirements as required for new construction specified in Subsection 28.06.050 E. A permit is required for any such expansion as provided in Section 28.03.020.
  3. C.  Alternate protection systems to minimum separation between adjacent floating homes and combo-structures.
    1. 1.  When the wall to wall separation is less than six feet but more than three feet, or the separation between roofs, decks (which are elevated above the level of the walking surface of the float), balconies or other architectural projections is less than four feet but more than two feet, the structure being moved or added to must be equipped throughout with a complete automatic sprinkler system installed in compliance with NFPA 13R Standards (2007) or all of the following for fire life safety protection:
      1. a.  All windows in the affected wall or walls must be 1/4 inch thick, fixed, wireglass in 16-gauge steel frames, or alternatives approved by the Harbor Master or the windows must be listed 45-minute assembly. If this requirement negates natural ventilation requirements as specified in the Building Code, a manually activated mechanical ventilation system providing two air changes per hour with 20 percent outside air must be provided.
      2. b.  All doors in the affected wall or walls must be 1-3/4 inches thick, solid core, and be self-closing. Door lights must be limited to 25 percent of the door area and be 1/4-inch thick, fixed wireglass in 16-gauge steel frames or alternatives as approved by the Harbor Master.
      3. c.  A fire alarm system consisting of 110-volt rate of rise detectors placed on the outside of the exterior wall or walls in question and 110 volt, hard wired ionization type smoke detectors installed throughout the building interior must be provided. All detectors must be interconnected to an interior and exterior alarm. The number and placement of detectors will be as determined by the Harbor Master. The exterior alarm must be capable of being heard for a distance of 150 feet.
    2. 2.  When the wall-to-wall separation is less than three feet or the roof separation is less than one foot, the structure being moved or added to, must be equipped throughout with a complete automatic sprinkler system in compliance with NFPA 13R Standards (2007).
  4. D.  Existing floatation systems.
    1. 1.  Additions to existing floatation systems must be made in accordance with Chapter 28.06 New Construction.
    2. 2.  The following repairs of existing floatation systems are allowed within any 12-month period without the benefit of a permit provided:
      1. a.  The repair to the floatation system involves a total of less than 50 percent of the float structural components by quantity (see definition) with like or better materials in a like manner. Substantiating data may be required to determine compliance with this Section.
      2. b.  The repair to the floatation system involves a total of less than 50percent of the floatation device by quantity (see definition) with like or better materials in a like manner. Substantiating data may be required to determine compliance with this Section.
      3. c.  The repair to the floatation system does not increase the deck area more than the allowance specified in Subsection 28.03.020 A.; and
      4. d.  The repair does not reduce the required means of egress width or cause an unsafe or overloaded condition.
    3. 3.  Other work not specifically exempted from permit requirements by this Title but that is exempted from permit under the Specialty Codes is also exempted from the requirement for permit.
    4. All work exempt from permit must be performed in compliance with the provisions of this Title and the Specialty Codes as applicable and may not cause an unsafe or overloaded condition.
  5. E.  Additions to floatation systems. Additions to floatation systems must be made in accordance with the provisions for new construction.
  6. F.  Alterations and additions to floating structures. Any alteration or addition to a floating structure must comply with the requirements of the relevant Specialty Code, this Title, and all other rules and Federal, State and City regulations.

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