ENB-13.02 - Accessory Short-Term Rental Permit Compliance

Portland City Code (PCC) Section 3.30.045 delegates the authority to adopt and administer administrative rules appropriate to perform the duties of Portland Permitting & Development (PP&D) set forth in Section 3.30.010 and prescribes procedures for administrative rulemaking. In accordance with PCC Subsection 3.30.045.C, the BDS Director adopted an interim rule on this subject on November 22, 2019. No changes to the interim rule are made with the adoption of this permanent rule.

I.       Intent and Purpose

The intent and purpose of this rule is to describe how Portland Permitting & Development (PP&D) verifies compliance with requirements of Portland City Code (PCC) 33.207.040.B.4, which states the minimum requirements for bedrooms rented to overnight guests as part of a Type A accessory short-term rental.

II.      Definitions

1. Director:  Portland Permitting & Development (PP&D).
2. Type A Accessory Short-Term Rental:  Where an individual or family resides in a dwelling unit and rents no more than 2 bedrooms to overnight guests for fewer than 30 consecutive days.

III.     Portland City Code Requirements

PCC 33.207.040.A.2 requires that Type A Accessory Short-Term Rentals require a permit. PCC 33.207.040.B.4 requires that each bedroom used for a Type A Accessory Short-Term Rental:

1. Met the building code requirements for a sleeping room at the time it was created or converted. Bedrooms in multi-dwelling structures and in triplexes are exempt from this requirement;
2. Has a smoke detector that is interconnected with a smoke detector in an adjacent hallway that is in the dwelling unit; and
3. Is located on the floor of a dwelling unit equipped with a functioning carbon monoxide alarm. If the dwelling unit does not have a carbon monoxide source, then a carbon monoxide alarm is not required.

IV.     Verification of Compliance with Requirements

For each application for a Type A Accessory Short-Term Rental permit, PP&D will verify that the requirements of PCC 33.207.040.B.4.a-c. are met by: 

1. Self-Certification. Prior to issuance of a Type A Accessory Short-Term Rental Permit, the applicant must sign a self-certification, attesting compliance with the requirements of PCC 33.207.040.B.4.a-c. The self-certification is required prior to permit issuance of the initial permit and the subsequent permits required every two years by PCC 33.207.040.C; and
2. Permit Inspections. Ten percent of all Type A Accessory Short-Term Rental Permit applications will be randomly selected for on-site inspections by PP&D to verify compliance with the requirements of PCC 33.207.040.B.4.a-c, prior to permit issuance. No inspections are required for subsequent permits required every two years by PCC 33.207.040.C; and
3. Inspections Requested by the Public. Any member of the public may initiate an on-site inspection by reporting a potential violation of the requirements to PP&D’s Property Compliance Division.

V.         Conditions of Approval of Type B Accessory Short-Term Rentals

This rule does not apply to nor supersede conditions of approval of Type B Accessory Short-Term Rentals approved through a conditional use review.

VI.        Actions of the Director

Where the Director finds that a Type A Accessory-Short-Term Rental does not meet the requirements of PCC 33.207.040.B.4, the Director may require corrections to comply with the requirements, withhold the issuance of the permit, or initiate revocation of the permit according to the procedures set forth in PCC 3.30.040. 

HISTORY

Adopted by Director of Bureau of Development Services November 22, 2019.

Amended by Director of Bureau of Development Services April 12, 2021.

Amended by Director of Portland Permitting & Development August 27, 2024.