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City of Portland

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25.07.010 Bureau of Development Services Administrative Appeal Board.

A.  Appointment of Administrative Appeal Board.  The Bureau of Development Services Administrative Appeal Board consists of the Building Official and Bureau staff members appointed by the Director.  In appointing staff members, the Director will consider the issues presented by the appeal, and what particular expertise will be helpful in addressing those issues.  The staff will act in an advisory capacity to the Building Official.  The Administrative Appeal Board may:

1. review appeals of the Bureau’s application and interpretation of the State of Oregon Plumbing Specialty Code adopted in this Title (“Plumbing Code”);

2. review requests for modifications to the strict application of the Plumbing Code; and

3. review requests to use alternative materials, design or methods of construction and equipment.

B.  Appeals to the Administrative Appeal Board and Final Decisions.  Any person aggrieved by a decision of the Bureau related to the application and interpretation of this Title or the Plumbing Code or who wants to request consideration of an alternative material, design or method of construction may file an appeal with the Administrative Appeal Board.  Such an appeal must be filed within 180 days of the Bureau decision being appealed; provided, however, the Plumbing Code in effect at the time the Bureau decision was made shall be applied to the administrative appeal.  The Administrative Appeal Board may:

1. grant an appeal if the Administrative Appeal Board finds that the Plumbing Code was not correctly interpreted or applied; or

2. approve an alternative material, design or method of construction if the Administrative Appeal Board finds that any such alternative complies with the intent of the Plumbing Code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the Plumbing Code in quality, strength, effectiveness, fire resistance, durability, and safety.  The Administrative Appeal Board may not waive the requirements of the Plumbing Code.  The Administrative Appeal Board review will culminate in a final decision by the Building Official.  The Administrative Appeal Board meeting is not open to attendance by the appellant or the public. The Bureau will provide final decisions to the appellant by publication of the decision on the Bureau’s website within 10 calendar days of the hearing, provided the Bureau has received all required information from the applicant.

C.  Reconsideration of Final Decisions and Appeals to the Plumbing Code Board of Appeal.  Any person aggrieved by a final decision of the Building Official made under Subsection B. above may either file a reconsideration of that decision within 180 days of the decision based on new or revised information or appeal the decision to the Plumbing Code Board of Appeal in accordance with Section 25.07.010 within 90 days of the final decision being appealed.  There is no additional fee for the first reconsideration of an Administrative Appeal Board decision or for an appeal to the Plumbing Code Board of Appeal.  The Plumbing Code in effect at the time of the final decision being reconsidered or appealed will be applied to the reconsideration or subsequent appeal to the Plumbing Code Board of Appeal.

D.  Fees for Appeals.  The fees for administrative appeals shall be as stated in the Fee Schedule adopted by the City Council.  The current approved Fee Schedule is available at the Development Services Center and on the Bureau’s website.