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City of Portland

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28.03.035 Bureau of Development Services Administrative Appeal Board.

(Added by Ordinance No. 187664, effective May 6, 2016.)

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 this Title and the State of Oregon specialty codes adopted in this Title (collectively referred to as the “Building Code”);

2.  review requests for modifications to the strict application of the Building 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 the Building Code or this Title or who wants to request a modification to the strict interpretation of the Building Code or consideration of an alternative material, design or method of construction or equipment 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 Building 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 this Title or the Building Code was not correctly interpreted or applied;

2.  grant a modification to the application of this Title or the Building Code where special individual reasons make application of the strict letter of this Title or the Building Code impractical, the modification is in compliance with the intent and purpose of this Title or the Building Code, and such modification does not lessen health, life and fire safety or structural requirements of the floating structure; or

3.  approve an alternative material, design or method of construction and equipment if the Administrative Appeal Board finds that any such alternative complies with the intent of this Title or the Building Code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the Building Code in quality, strength, effectiveness, fire resistance, durability, and safety.  The Administrative Appeal Board may not waive the requirements of this Title or the Building 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 Floating Structure 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 Floating Structure Code Board of Appeal in accordance with Section 28.03.040 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 Floating Structure Code Board of Appeal.  The Building 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 Floating Structure 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.