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City of Portland

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25.07.020 Plumbing Code Board of Appeal.

A.  Appointment of Plumbing Code Appeal Board.  In order to hear appeals of final decisions of the Building Official made under Section 25.07.010, there has been created a Plumbing Code Board of Appeal, consisting of three members appointed by the Mayor and approved by the City Council.

1.  Each member must be qualified by experience and training to make decisions pertaining to the Plumbing Code and matters pertaining to plumbing.  At least one member must be a licensed plumbing contractor qualified through experience and training to decide matters concerning the safety of installations and devices regulated by this Title; one member shall be a person engaged in the design of plumbing installations qualified through experience and training to decide matters concerning the safety of installations and devices regulated by this Title; and one member must be qualified through training and experience to make decisions pertaining to the Plumbing Code and matters pertaining to plumbing.

2.  Plumbing Code Board of Appeal appointments shall be for three-year terms.  Appeal Board members may serve no more than two complete three-year terms, unless the Director recommends approval of a longer term, and the Mayor and City Council approve the extended appointment.  Vacancies occurring prior to the end of a term for whatever cause may be filled by qualified persons through appointment by the Mayor for the remainder of the term.

3.  Any member may be removed by the Mayor for incompetence, dereliction of duty, incapacity or other sufficient cause.

4.  Members of the Plumbing Code Appeal Board shall comply with the State ethics laws applicable to public officials.

5.  Members of the Plumbing Code Appeal Board shall serve in a voluntary capacity and without pay.

B.  Appeals to the Plumbing Code Board of Appeal.  The Plumbing Code Board of Appeal may review Administrative Appeal Board decisions or any other final decision of the Building Official or Director related to the application and interpretation of the Plumbing Code.  The Plumbing Code appeal will be limited to the facts and record reviewed by the Administrative Appeal Board, Building Official or Director related to the decision being appealed.  A hearing will be held within 30 days after an interested party submits a written appeal to the Plumbing Code Board of Appeal.  A panel of three Plumbing Code Board of Appeal members will hear each appeal.  The Board may, by a majority vote, affirm, annul, or modify the decision.

C.  Powers and Limitations of Authority of the Plumbing Code Board of Appeal Board.  The Plumbing Code Board of Appeal may provide reasonable interpretations of the requirements of the Plumbing Code and may grant an appeal if the Board finds one of the following:

1. the Building Official or Director did not correctly apply or interpret the Plumbing Code; or

2. any alternative material, design or method of construction and equipment complies with the intent of the Plumbing Code and 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 Plumbing Code Board of Appeal may not waive the requirements of the Plumbing Code.

Any person aggrieved by a final decision of the Plumbing Code Board of Appeal may, within 30 days after the date of the decision, appeal to the appropriate advisory board of the State of Oregon Department of Consumer and Business Services.