Title 29 Property Maintenance Regulations

1. A. An owner may not maintain or permit to be maintained, in violation of this Chapter, any residential property.
2. B. All residential property must be maintained to the building, mechanical, plumbing and electrical code requirements in effect at the time of construction, alteration, or repair.
3. C. Where construction, alteration or repair has been made to a residential property illegally without benefit of a permit, all work must meet current requirements of the applicable Oregon Specialty Code as adopted in Portland City Code Sections 24.10.040, 25.01.020, 26.01.030 and 27.01.030.
4. D. The specific minimum maintenance standards set forth in Section 29.30.250 only apply to residential hotels and apartment houses that were constructed, altered or repaired before January 1, 1973.

Address numbers posted must be the same as the number listed on the County Assessment and Taxation Records for the property. All dwellings must have address numbers posted in a conspicuous place so they may be read from the listed street or public way. Units within apartment houses must be clearly numbered, or lettered, in a logical and consistent manner.

All accessory structures on residential property must be maintained structurally safe and sound and in good repair. Exterior steps and walkways must be maintained free of unsafe obstructions or hazardous conditions.

The roof must be structurally sound, tight, and have no defects that might admit rain. Roof drainage must be adequate to prevent rainwater from causing dampness in the walls or interior portion of the building and must channel rainwater in an approved manner to an approved point of disposal. 

Every masonry, metal, or other chimney must remain adequately supported and free from obstructions and must be maintained in a condition that ensures there will be no leakage or backup of noxious gases. Every chimney must be reasonably plumb. Loose bricks or blocks must be rebonded. Loose or missing mortar must be replaced. Unused openings into the interior of the structure must be permanently sealed using approved materials.

1. A. Foundation elements must adequately support the building and must be free of rot, crumbling elements, or similar deterioration.
2. B. The supporting structural members in every dwelling must be maintained structurally sound, showing no evidence of deterioration or decay that would substantially impair their ability to carry imposed loads.

1. A. Every exterior wall and weather-exposed exterior surface or attachment must be free of holes, breaks, loose or rotting boards or timbers and any other conditions that might admit rain or dampness to the interior portions of the walls or the occupied spaces of the building.
2. B. All exterior wood surfaces must be made substantially impervious to the adverse effects of weather by periodic application of an approved protective coating of weather-resistant preservative, and be maintained in good condition. Wood used in construction of permanent structures and located nearer than six inches to earth must be treated wood or wood having a natural resistance to decay.
3. C. Exterior metal surfaces must be protected from rust and corrosion.
4. D. Every section of exterior brick, stone, masonry, or other veneer must be maintained structurally sound and be adequately supported and tied back to its supporting structure.

Every stair, porch, and attachment to stairs or porches must be so constructed as to be safe to use and capable of supporting the loads to which it is subjected and must be kept in sound condition and good repair, including replacement as necessary of flooring, treads, risers, and stringers that evidence excessive wear and are broken, warped, or loose.

Every handrail and guardrail must be firmly fastened, and must be maintained in good condition, capable of supporting the loads to which it is subjected, and meet the following requirements:

1. A. Handrails and guardrails required by building codes at the time of construction must be maintained or, if removed, must be replaced.
2. B. Where not otherwise required by original building codes, exterior stairs of more than three risers that are designed and intended to be used as part of the regular access to the dwelling unit must have handrails. Interior stairs of more than three risers must have handrails. When required handrails are installed they must be installed so that they meet the applicable building code requirements in effect at the time this work is being performed.
3. C. Where not otherwise required by original building codes, porches, balconies or raised floor surfaces located more than 30 inches above the floor or grade below must have guardrails. Open sides of stairs with a total rise of more than 30 inches above the floor or grade below must have guardrails. When required guardrails are installed, they must be installed so that they meet the applicable building code requirements in effect at the time this work is being performed.

1. A. Every habitable room must have at least one window facing directly to an exterior yard or court. The minimum total glass area for each habitable room must be 6.8 percent of the room's floor area, except for basement rooms where the minimum must be five percent. The glazed areas need not be provided in rooms where artificial light is provided capable of producing an average illumination of three foot-candles over the area of the room measured at a height of 30 inches above the floor and the minimum ventilation requirements in Subsection B. below are satisfied.
2. B. Except where another approved ventilation device is provided, the total openable window area in every habitable room must be equal to at least one-fortieth (2.5 percent) of the area of the room. The glazed areas need not be openable where the opening is not required for emergency escape and an approved mechanical ventilation system is provided capable of producing 0.35 air changes per hour in the room.
3. C. Every bathroom or toilet room or compartment must comply with the light and ventilation requirements for habitable rooms as required by Subsections 29.30.090 A. and B., except that no window is required in bathrooms or toilet compartments equipped with an approved ventilation system.
4. D. Windows in sleeping rooms that are provided to meet emergency escape or rescue requirements described in Subsection 29.30.230 A. must have a sill height of no more than 44 inches above the floor or above an approved, permanently installed step. The step must not exceed 12 inches in height and must extend the full width of the window. The top surface of the step must be a minimum of six feet from the ceiling above the step.
5. E. Windows in sleeping rooms that are provided to meet emergency escape or rescue requirements described in Subsection 29.30.230 A. must have a minimum net clear opening of at least 20 inches wide and at least 22 inches high.
6. F. Every window required for ventilation or emergency escape must be capable of being easily opened and held open by window hardware. Any installed storm windows on windows required for emergency escape must be easily openable from the inside without the use of a key or special knowledge or effort.
7. G. All windows within 10 feet of the exterior grade that open must be able to be securely latched from the inside as well as be openable from the inside without the use of a key or any special knowledge or effort. This same requirement applies to all openable windows that face other locations that are easily accessible from the outside, such as balconies or fire escapes, regardless of height from the exterior grade.
8. H. Every window must be substantially weather-tight, must be kept in sound condition and repair for its intended use, and must comply with the following:
   1. 1. Every window sash must be fully supplied with glass windowpanes or an approved substitute without open cracks and holes.
   2. 2. Every window sash must be in good condition and fit weather-tight within its frames.
   3. 3. Every window frame must be constructed and maintained in relation to the adjacent wall construction so as to exclude rain as completely as possible and to substantially exclude wind from entering the dwelling.

1. A. Every dwelling or dwelling unit must have at least one door leading to an exterior yard or court, or in the case of a two-family dwelling or apartment, to an exterior yard or court or to an approved exit. All such doors must be openable from the inside without the use of a key or any special knowledge or effort. All screen doors and storm doors must be easily openable from the inside without the use of a key or special knowledge or effort.
2. B. In hotels and apartment houses, exit doors in common corridors or other common passageways must be openable from the inside with one hand in a single motion, such as pressing a bar or turning a knob, without the use of a key or any special knowledge or effort.
3. C. Every door to the exterior of a dwelling unit must be equipped with a lock designed to discourage unwanted entry and to permit opening from the inside without the use of a key or any special knowledge or effort.
4. D. Every exterior door must comply with the following:
   1. 1. Every exterior door, door hinge, door lock, and strike plate must be maintained in good condition.
   2. 2. Every exterior door, when closed, must fit reasonably well within its frame and be weather-tight.
   3. 3. Every doorframe must be constructed and maintained in relation to the adjacent wall construction so as to exclude rain as completely as possible, and to substantially exclude wind from entering the dwelling.
5. E. Every interior door and doorframe must be maintained in a sound condition for its intended purpose with the door fitting within the doorframe.

1. A. Every interior wall, floor, ceiling, and cabinet must be maintained in a clean, sanitary, safe, and structurally sound condition, free of large holes and serious cracks, loose plaster or wallpaper, flaking, peeling or scaling paint.
2. B. Every toilet compartment, bathroom, and kitchen floor surface must be constructed and maintained to be substantially impervious to water and to permit the floor to be kept in a clean and sanitary condition.

The City Administrator will adopt administrative rules detailing implementation and enforcement of this provision.

1. A. To prevent conditions conducive to decay, deterioration, or mold growth within a structure, every dwelling, including basements, attics, and crawl spaces, must be maintained reasonably free from dampness such that:
   1. 1. There are no sources of moisture intrusion from either exterior or interior sources; and
   2. 2. There is no visible or otherwise demonstrable growth of mold or mildew in the interior of any building.
2. B. When visible or otherwise demonstrable growth of mold or mildew is found to exist within a residential unit, the property owner must remediate and treat the affected and identified areas in accordance with the requirements set forth in the administrative rules.
3. C. When visible or otherwise demonstrable growth of mold or mildew exceeding a total of one square foot is present within a residential unit, an approved ventilation system for reducing moisture may be required for each bathroom with bathing facilities that does not have an approved mechanical ventilation system. The new mechanical ventilation system must be installed and be sized to provide ventilation per the requirements of the Oregon Residential Specialty Code for one- and two-family dwellings or the Oregon Mechanical Specialty Code for commercial structures.
4. D. When visible or otherwise demonstrable growth of mold or mildew exceeding a total of one square foot is present within a residential unit, any existing, approved mechanical ventilation systems in bathrooms with bathing facilities must meet the requirements set forth in the administrative rules. Any existing ventilation system that fails to meet these criteria and cannot be repaired or retrofitted must be replaced according to the specifications for new ventilation systems listed in Subsection 29.30.120 C.

The City Administrator will adopt administrative rules detailing implementation and enforcement of this provision. Every structure must be kept free from insect, rodent, vermin or other pest infestation, and where found, infestations must be promptly exterminated as set forth in the administrative rules. After extermination, proper precautions must be taken to prevent reinfestation.

1. A. All exterior property areas must be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage. All household garbage must be stored in receptacles that are free from holes and covered with tight fitting lids. Receptacles must be of sufficient capacity to prevent the overflow of garbage and rubbish from occurring.
2. B. The interior of every dwelling must be maintained in a clean and sanitary condition and free from any accumulation of rubbish or garbage so as not to breed insects and rodents, or produce dangerous or offensive gases, odors and bacteria, or any other unsanitary conditions, or create a fire hazard.
3. C. The owner of a residential rental property of four or fewer dwelling units must provide for each dwelling unit, or subscribe to and pay for weekly recycling and composting service and every-other-week garbage removal service by a franchisee as defined in Portland City Code Chapter 17.102, where each dwelling unit is provided with at least one 20 gallon receptacle into which garbage and rubbish may be emptied for storage and collection. Receptacles and lids must be watertight and provided with handles.
4. D. The owner of a residential rental property of five or greater dwelling units must subscribe to and pay for recycling and garbage removal service by a refuse collection permittee or franchisee as defined in Portland City Code Chapter 17.102. Collection must occur at least weekly.
5. E. The owner of any owner-occupied residential property must subscribe to and pay for weekly recycling and composting service and every-other-week garbage removal service by a refuse collection permittee or franchisee as defined in Portland City Code Chapter 17.102 if the property has been posted two or more times within one year for violation of Subsection 29.20.010 H.1. or 2.

Except as otherwise noted in this Section, every dwelling unit must contain within its walls in safe and sanitary working condition:

1. A. A toilet located in a room that is separate from the habitable rooms and that allows privacy;
2. B. A lavatory basin; and
3. C. A bathtub or shower located in a room that allows privacy.

In hotels and apartment houses where private toilets, lavatories, or baths are not provided, there must be on each floor at least one toilet, one lavatory, and one bathtub or shower each provided at the rate of one for every twelve residents or fraction of twelve residents. Required toilets, bathtubs, and showers must be in a room, or rooms, that allow privacy.

1. A. Every dwelling unit must contain a kitchen sink apart from the lavatory basin required under Section 29.30.150, with the exception of single-room occupancy housing units, which must comply with Subsection 29.30.290 B.
2. B. Except as otherwise provided for in Subsections 29.30.290 B. and C., every dwelling unit must have approved service connections for refrigeration and cooking appliances.

1. A. Every plumbing fixture or device must be properly connected to a public or an approved private water system and to a public or an approved private sewer system.
2. B. All required sinks, lavatory basins, bathtubs and showers must be supplied with both hot and cold running water and have a water pressure of at least 15 psi. Every dwelling unit must be supplied with water heating facilities that are installed in an approved manner, properly maintained, and properly connected with hot water lines to all required sinks, lavatory basins, bathtubs and showers. Water heating facilities must be capable of heating water enough to permit an adequate amount of water to be drawn at every required facility at a temperature of at least 120 degrees at any time needed.
3. C. In every dwelling all plumbing or plumbing fixtures must be:
   1. 1. Properly installed, connected, and maintained in good working order;
   2. 2. Kept free from obstructions, leaks, and defects;
   3. 3. Capable of performing the function for which they are designed; and
   4. 4. Installed and maintained so as to prevent structural deterioration or health hazards.
4. D. All plumbing repairs and installations must be made in accordance with the provisions of Portland City Code Title 25 Plumbing Regulations.

1. A. All heating and ventilation equipment, including that used for cooking, water heating, dwelling heat, and clothes drying must be:
   1. 1. Properly installed, connected, and maintained in safe condition and good working order;
   2. 2. Free from leaks and obstructions and kept functioning properly so as to be free from fire, health, and accident hazards; and
   3. 3. Capable of performing the function for which they are designed.
2. B. Every dwelling must have a heating facility capable of maintaining a room temperature of 68 degrees Fahrenheit at a point three feet from the floor in all habitable rooms.
   1. 1. Portable heating devices may not be used to meet the dwelling heat requirements of this Title.
   2. 2. No inverted or open flame fuel-burning heater is permitted. All heating devices or appliances must be of an approved type.
3. C. All mechanical repairs and installations must be made in accordance with the provisions of Portland City Code Title 27 Heating and Ventilating Requirements.

All buildings used for residential purposes must be connected to an approved source of electric power. Every electric outlet and fixture must be maintained and safely connected to an approved electrical system. The electrical system must not constitute a hazard to the occupants of the building by reason of inadequate service, improper fusing, improper wiring or installation, deterioration or damage, lack of access to a dwelling unit’s breaker or disconnect switch or similar reasons.

In addition to other electrical system components that may be used to meet cooking, refrigeration, and heating requirements listed elsewhere in this Title, the following outlets and lighting fixtures are required:

1. A. Every habitable room must contain at least two operable electric outlets or one outlet and one operable electric light fixture.
2. B. Every toilet compartment or bathroom must contain at least one supplied and operable electric light fixture and one outlet. Every laundry, furnace room, and all similar non-habitable spaces located in a dwelling must have one supplied electric light fixture available at all times.
3. C. Every public hallway, corridor, and stairway in apartment houses and hotels must be adequately lighted at all times with an average intensity of illumination of at least one foot candle at principal points such as angles and intersections of corridors and passageways, stairways, landings of stairways, landings of stairs and exit doorways, and at least ½-foot candle at other points. Measurement of illumination must be taken at points not more than four feet above the floor.
4. D. All electrical repairs and installations must be made in accordance with the provisions of Portland City Code Title 26 Electrical Regulations.

Habitable rooms in existing one- and two-family dwelling buildings must have a clear ceiling height of at least seven feet. Habitable rooms in other existing buildings must have a clear ceiling height of at least seven feet six inches. The following height exceptions may be used for the one- and two-family dwelling ceiling height requirements:

1. A. Flat ceilings. Where the ceiling is flat, ceiling heights may be a minimum of six feet eight inches. Pipes, ducts, beams, or similar objects projecting from the ceiling may be as follows:
   1. 1. Ceiling projections may be as low as six feet where they are located within two feet from the wall; or
   2. 2. Ceiling projections may be as low as six feet two inches where they do not occupy more than 10 percent of the floor area in the room where they are located.
2. B. Sloped ceilings.
   1. 1. General. Where the ceiling is sloped, the height may be as follows:
      1. a. The minimum ceiling height must be at least six feet eight inches over an area comprising at least 50 percent of the overall room area; and
      2. b. Portions of the room with a ceiling height less than five feet may not be counted toward the overall room area.
   2. 2. Bathrooms. In bathrooms with sloped ceilings not more than 75 percent of the floor area of a bathroom is permitted to have a sloped ceiling less than seven feet in height, provided an area of 21 inches by 24 inches in front of toilets and lavatories has a minimum of six feet four inches in height. An area of 24 inches by 30 inches in front of and inside a tub or shower must have a minimum of six feet four inches in height.
3. C. These exceptions to the current building codes do not apply where any occupancy has been changed, or the occupant load has been increased, contrary to the provisions of this Title.

Every room used for sleeping purposes:

1. A. Must be a habitable room as defined in this title;
2. B. May not be a kitchen;
3. C. Must have natural light, ventilation, and windows or other means for escape purposes as required by this Title; and
4. D. Must comply with the following minimum requirements for floor area:
   1. 1. Must have a minimum area of at least 70 square feet of floor area, except that where more than two persons occupy a room used for sleeping purposes, the required floor area must be increased at the rate of 50 square feet for each person in excess of two. No portion of a room measuring less than five feet from the finished floor to the finished ceiling must be included in any computation of the room’s minimum area.
   2. 2. Any dwelling or portion of any dwelling constructed pursuant to permit or lawfully constructed prior to permit requirements will be deemed in compliance with respect to sleeping room area provided that the deficiency in floor area is no more than 15 percent of that required by Subsection 29.30.210 D.1. This subsection does not apply where any occupancy has been changed, or the number of occupants has been increased, contrary to the provisions of this Title.
   3. 3. Floor area requirements for single-room occupancy housing units must be in accordance with Section 29.30.290 of this Title.

No dwelling unit may be permitted to be overcrowded. A dwelling unit is considered overcrowded if there are more residents than one plus one additional resident for every 100 square feet of floor area of the habitable rooms in the dwelling unit.

1. A. Every sleeping room must have at least one operable window or exterior door approved for emergency escape or rescue that is openable from the inside to a full clear opening without the use of special knowledge, effort, or separate tools. Windows used to meet this requirement must meet the size and sill height requirements described in Subsections 29.30.090 D. and E. All below-grade windows used to meet this requirement must have a window well the full width of the window, constructed of permanent materials with a minimum three foot by three-foot clearance in front of the window measured perpendicular to the outside wall. If the bottom of the window well is more than 44 inches below the ground level, approved steps or an approved permanently attached ladder must be used.
2. B. Required exit doors and other exits must be free of encumbrances or obstructions that block access to the exit.
3. C. All doorways, windows and any device used in connection with the means of escape must be maintained in good working order and repair.
4. D. In addition to other exit requirements, in hotels and apartment houses:
   1. 1. All fire escapes must be kept in good order and repair and painted so as to prevent corrosion of metal, in a manner approved by the Fire Marshal.
   2. 2. Every fire escape or stairway, stair platform, corridor or passageway that may be one of the regular means of emergency exit from the building must be kept free of encumbrances or obstructions of any kind.
   3. 3. Where doors to stair enclosures are required by City Code to be self-closing, the self-closing device must be maintained in good working order and it is unlawful to wedge or prop the doors open.
   4. 4. Windows leading to fire escapes must be secured against unwanted entry with approved devices.
   5. 5. Every apartment house and hotel must have directional signs in place, visible throughout common passageways, that indicate the way to exit doors and fire escapes. Emergency exit doors and windows must be clearly labeled for their intended use.

Smoke detectors sensing visible or invisible particles of combustions or alarms are required in all buildings in which a room or area is designated for sleeping purposes either as a primary use or use on a casual basis. Smoke detectors or alarms must be installed in each sleeping room or area, in the immediate vicinity of the sleeping rooms and on each additional story of the dwelling, including basements and attics with habitable space. All detectors or alarms must be approved, must be installed in accordance with the manufacturer’s instructions, must plainly identify the testing agency that inspected or approved the device, and must be operable.

1. A. Existing rental dwelling units must have one or more carbon monoxide (CO) alarm(s) installed in compliance with state Fire Marshal rules and the state building code and maintained per the Oregon Revised Statutes 90.317, if the rental dwelling unit:
   1. 1. Contains a carbon monoxide source; or
   2. 2. Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork, or a ventilation shaft.
2. B. All existing dwelling units, including rental dwelling units, must have a carbon monoxide (CO) alarm(s) installed in compliance with the current Oregon Residential Specialty Code Section R315, only:
   1. 1. At such time as a carbon monoxide source is introduced; or
   2. 2. When interior work requiring a structural permit occurs.
3. C. All detectors or alarms installed must be approved, properly functioning, and installed in accordance with the manufacturer’s instructions.
4. D. In accordance with state building code, all carbon monoxide detectors or alarm(s) required to be installed per this section must be located as follows:
   1. 1. In each bedroom or within 15 feet outside of each bedroom door;
5. 2. For bedrooms on separate floor levels in a structure with two or more stories, each story must have separate carbon monoxide alarms; and
6. 3. Where a fuel-burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm must be installed within the bedroom.

In addition to other fire safety requirements of this title, hotels and apartment houses of more than two stories in height must meet the following requirements:

1. A. For structures built prior to January 1, 1973, minimum fire safety standards are as provided per Appendix Chapter 13, Section 1313, of the 1973 edition of the Uniform Building Code. (As previously adopted by Ordinance 135236 effective September 7, 1972 & Ordinance 139124 effective November 20, 1974.)
2. B. Residential high-rise buildings constructed in accordance with the high-rise building requirements of the Oregon Structural Specialty Code must maintain all the required fire and life safety systems and equipment in good repair and working order. Upon request of the City Administrator, the owner must produce proof that required fire and life safety systems are fully operational.

1. A. Any paint(s), veneers, varnishes, or similar pigmented sealers or finishes applied to any surface of a residential structure must be lead free, in compliance with the Federal Consumer Product Safety Commission’s 1978 ban on the use of paint containing lead in residential properties.
2. The City Administrator will adopt administrative rules detailing requirements and enforcement of this provision.
3. B. Residential property must be free of dangerous levels of hazardous materials, contamination by toxic chemicals, or other hazardous conditions that would render the property unsafe. Where a governmental agency authorized by law to make the determination, has verified that a property is unfit for use and occupancy as a result of hazardous materials or conditions on the property, the property must also be deemed to be in violation of this Title. Any such property must remain in violation of this Title until such time as the authorizing agency has approved the remediation of the hazardous materials or conditions. The City Administrator may order such property vacated pursuant to Section 29.60.070 of this Title.
4. C. No residential property may be used as a place for the storage and handling of highly combustible or explosive materials or any articles that may be dangerous or detrimental to life or health. No residential property may be used for the storage or sale of paints, varnishes or oils used in the making of paints and varnishes, except as needed to maintain the dwelling.
5. D. Residential property must be kept free of friable asbestos.

In addition to other requirements for the maintenance of facilities and equipment described in this Chapter:

1. A. All required facilities in every dwelling must be constructed and maintained to properly and safely perform their intended function.
2. B. All facilities or equipment present in a dwelling and supplied by the landlord must be maintained and able to perform their intended function to prevent structural damage to the building or hazards of health, sanitation, or fire.

Swimming pool enclosures must comply with the provisions of the applicable building code in effect at the time of the pool installation.

In addition to meeting requirements for residential structures defined elsewhere in this Title, hotels containing single-room occupancy housing units must comply with the following:

1. A. The unit must have at least 100 square feet of floor area, except that any single-room occupancy housing unit constructed pursuant to permit or lawfully constructed prior to permit requirements will be deemed in compliance with respect to floor area provided it has at least 85 square feet of floor area. This exception does not apply where any occupancy has been changed or increased contrary to the provisions of this Title.
2. B. Either a community kitchen with facilities for cooking, refrigeration, and washing utensils must be provided on each floor, or each individual single-room occupancy housing unit must have facilities for cooking, refrigeration and washing utensils.  In addition, facilities for community garbage storage or disposal must be provided on each floor.
3. C. Where cooking units are provided in individual single-room occupancy housing units, they must conform to the requirements set forth below.
   1. 1. All appliances must be hard-wired and on separate circuits or have single dedicated connections;
   2. 2. All cooking appliances must be fixed and permanent;
   3. 3. The Mechanical Specialty Code, as adopted by Portland City Code Section 27.01.030, will be used for setting standards for cooking appliances. Cabinets over cooking surfaces must be 30 inches above the cooking surface, except that this distance may be reduced to 24 inches when a heat shield with one-inch airspace and extending at least six inches horizontally on either side of the cooking appliance is provided. Cooking appliances are limited to two cooking elements or burners and located with at least a six-inch clear space in all directions from the perimeter of the cooking element or burner. In lieu of two-burner cooking appliances, standard third-party tested and approved ranges with ovens are acceptable, provided that the units are fixed and hard-wired or have single dedicated connections;
   4. 4. All cooking appliances must be installed under permit from Portland Permitting & Development; and
   5. 5. All cooking appliances must be installed so as to provide a minimum clear workspace in front of the appliance of 24 inches.