Chapter 32.01
GENERAL PROVISIONS
(New Title substituted by Ordinance
No. 163135 effective July 6, 1990)
Sections:
32.01.010 Purpose and Scope.
32.01.020 Administrative, Authority and Responsibility.
32.01.030 Right of Entry.
32.01.040 Right of Appeal.
32.01.050 Severability.
32.01.060 Violations.
32.01.010 Purpose and Scope.
(Amended by Ordinance No. 173100, effective February 11, 1999.) The purpose of this Title is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the quality of materials, construction, location, electrification and maintenance of signs, sign structures and awnings.
Nothing in this Title is intended to permit the violation of the provisions of any other City, State or Federal regulation. In addition, all the applicable requirements of City Code shall be met.
32.01.020 Administration Authority and Responsibility.
The Building Official is hereby authorized to administer and enforce all provisions of this Title.
32.01.030 Right of Entry.
Whenever necessary to make an inspection to enforce any provisions of this Title, or whenever the Building Official or their authorized representative has reasonable cause to believe there exists in any building or upon any premises any condition or Code violation which makes such building or premises unsafe, dangerous or hazardous, they may enter such building or premises at all reasonable times to inspect or perform any duty imposed by this Code. If the building or premises is occupied, the Building Official or authorized representative shall first present proper credentials and request entry. If such building or premises is unoccupied, the Building Official shall make a reasonable effort to locate the owner or other person having control of the building or premises and request entry. If such entry is thereupon refused, the Building Official shall have recourse to any remedy provided by law to obtain entry, including an administrative search warrant.
32.01.040 Right of Appeal.
(Amended by Ordinance No. 173100, effective February 11, 1999.)
A. A person ordered by the Building Official to incur any additional expense for the alteration or removal of a sign, or whose application for a permit has been denied, or whose permit has been suspended or revoked, may file an appeal to the Electrical Board of Appeals as provided for in Title 26 of this Code.
B. Fee for appeal. Any person appealing a decision of the Building Official shall first pay the sum of $100 to the Bureau of Buildings, City of Portland, for administrative costs.
32.01.050 Severability.
If any part of this Title is determined by a court of competent jurisdiction to be invalid, all valid parts that are severable shall remain in effect.
32.01.060 Violations.
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain any sign, sign structure, or awning in this jurisdiction, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Title.
Chapter 32.02
DEFINITIONS
Sections:
32.02.010 Definitions.
32.02.035 Stop Orders.
32.02.010 Definitions.
(Amended by Ordinance No. 173100, effective February 11, 1999.) For the purpose of the Code, certain terms, phrases, words and their derivatives shall be construed as specified in either this Chapter or as specified in the State Building Code. Where terms are not defined, they shall have their ordinary accepted meaning. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.
Abandoned sign. A sign or sign structure on a property where all buildings have been demolished or removed.
Alteration. The act of changing a sign including, but not limited to structural alteration to the sign structure, relocation of a sign, changing the size of a sign, and changing electrical components of a sign. Alteration does not include ordinary maintenance or repair, repainting an existing sign surface, including changes of message or image, and exchanging of display panels of a sign through release and closing of clips or other brackets.
Approved testing agency. As established and recognized technical or scientific organization regularly engaged in conducting tests or inspections of electrical products and materials.
Atrium. Is an opening through two or more floor levels other than enclosed stairways, elevators, hoistways, escalators, plumbing, electrical, air conditioning or other equipment, which is closed at the top and not defined as a mall. Floor levels, as used in this definition, do not include balconies within assembly occupancies nor mezzanines.
Awning. A temporary shelter supported entirely from the exterior wall of a building.
Awning sign. A fabric shelter supported on lightweight metal framing, which in turn is supported entirely from the face of a building and includes a sign.
Backlit awning. An awning that is illuminated from the backside of the awning.
Banner. A sign made of fabric on other non-rigid material with no enclosing framework.
Building code. The most current edition of the Oregon State Structural Specialty and Fire and Life Safety Regulations.
Changing image sign. Any sign which, through the use of moving structural elements, flashing or sequential lights, lighting elements, or other automated method, results in movement, the appearance of movement or change of sign image or text.
Display surface. The area made available by the sign structure for the purpose of displaying a message. The display surface includes the area of message and the background.
Electric sign. Any sign containing electrical wiring, but not including signs illuminated by a detached exterior light source.
Flashing. Sign illumination which is the result of lights or other electronic elements which blink on and off randomly or in sequence.
Flush pitched roof sign. A sign attached to a roof with a pitch of one to four or greater, and placed parallel to the building wall.
Fascia sign. A single faced sign attached flush to a building.
Freestanding sign. A sign on a frame, pole or other support structure which is not attached to any building. This does not include portable or moveable signs.
Mall. Is a roofed or covered common pedestrian area within a covered mall building which serves as access for two or more tenants and may have three levels that are open to each other.
Marquee sign. A sign incorporated into or attached to a marquee.
Maintenance of a sign. The way or manner in which any sign is serviced or repaired to perpetuate its use.
Owner. The person owning the title to the real property, or the contract purchaser of the real property as shown on the last available complete assessment roll in the Office of County Assessor. For the purpose of this Title, an owner also includes a lessee of the real property, when such lessee has a continuing lease of at least 6 months or more, and who owns the sign to be erected.
Painted wall sign. A sign which is applied to a building wall or fence with paint, and which has no sign structure.
Portable sign. A sign which is not attached to a structure and is movable.
Pre-approved structural design and calculations. Designs and structural calculations which have been standardized and approved by the Building Official for continued use in the design of sign structures and awnings.
Projecting sign. A sign attached to and projecting out from a building face or wall and generally at right angles to the building.
Roof sign. A sign projecting above the roof, and which is supported and anchored to the structure.
Sign. Materials placed or constructed so they can be viewed from a right-of-way or another property, and which convey a message or image.
Sign structure. A structure specifically intended for supporting or containing a sign.
Unsafe sign. A sign constituting a hazard to safety or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, disaster, damage, abandonment or inability to meet lateral and/or vertical loads as specified by the State Building Code.
Wall sign. Any sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall.
32.02.035 Stop Orders.
(Added by Ordinance No. 173100, effective February 11, 1999.) Whenever any work is being done contrary to the provisions of this Title, the Building Official may order the work stopped by notice in writing served on any persons engaged in doing or causing of such work, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed.
Chapter 32.03
PERMITS
Sections:
32.03.010 Permits Required.
32.03.020 Prohibited Signs.
32.03.030 Fees.
32.03.010 Permits Required.
(Amended by Ordinance Nos. 172976 and 173100, effective February 11, 1999.) No sign or awning shall be erected, constructed, or altered, unless permits for the same have been issued by the Building Official. Separate permits shall be required for each sign or awning installation.
A. Application for a sign or awning permit shall be made in writing upon forms furnished by the Bureau of Buildings. Such application shall contain the location by street and number of the proposed sign, the number and sizes of all other signs on the same property. The application shall also include the name and address of the owner and the sign contractor, and such other information as may be required by the Building Official to determine compliance with the provisions of this Title and applicable provisions of City Code.
B. The Building Official shall require plans and any other pertinent information for all signs and awnings to be submitted with the permit application. Plans and structural calculations for certain sizes of signs and awnings which are in common use, may be pre-approved for future installations (see Section 32.04.010.)
C. No person shall be issued an electrical sign permit unless they are an appropriately State of Oregon licensed electrical sign contractor or are the owner of the building.
D. If after the issuance of a sign permit, the work authorized thereunder is not completed within 180- days, the permit shall expire, except that an application for an extension of the permit may be granted by the Building Official, if the request is submitted before the expiration of the 180 days.
E. Exemptions. The following signs shall not require a sign permit, however these exemptions shall not relieve the owner from the responsibility for complying with any other pertinent provisions of the Code of the City of Portland or any other rules which may pertain to erection and maintenance of signs.
1. Signs inside a building (excluding malls and atriums).
Except:
a. Strobe lights (visible from a right-of-way, private road or other private property); and,
b. Electrical signs assembled and/or involve a wall penetration.
2. Signs legally erected in the right-of-way in accordance with Title 16 and 17 of the Code of the City of Portland.
3. Building numbers located as required by the Code of the City of Portland.
4. Flags on permanent poles which are designed to allow raising and lowering of flags.
5. Painted wall decorations and painted wall highlights.
6. Signs on commercial or delivery vehicles, vehicles owned by licensed public transportation companies, taxis, or private automobiles used for commercial purposes, when not placed or parked for the primary purpose of providing a sign not otherwise allowed by this Code.
7. Temporary signs as outlined in Title 33 of the Code of the City of Portland.
F. The Building Official shall obtain the approval of the City Traffic Engineer before issuing a permit for any animated sign visible from the public right-of-way.
G. Permit suspension and revocation. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any provision of this Title and any relevant ordinance or regulation.
32.03.020 Prohibited Signs.
(Amended by Ordinance No. 173100, effective February 11, 1999.)
A. The following signs are prohibited and shall be removed:
1. Strobe lights and signs containing strobe lights which are visible beyond the property line;
2. Signs placed on or painted on a parked motor vehicle or trailer with the primary purpose of providing a sign which would not otherwise be permitted by the provisions of this Title;
3. Abandoned signs;
4. Signs erected in the public right-of-way or on any parking strip, sidewalk, public property, utility pole, wall, hydrant, bridge or tree on a public street or on public property without legal approval;
5. Signs which imitate or resemble official traffic lights, signs, or signals, attempt to direct the movement of traffic, or interfere with the effectiveness of any official traffic light, sign or signal;
6. Signs on any building or property without the consent of the owner, lessee or person authorized to act on behalf of the owner.
7. Signs which focus or flash a beam of light into the eyes of a driver of a motor vehicle upon a street within 200 feet from such sign.
8. Signs erected in a manner that would confuse or obstruct the view or interpretation of any official traffic sign, signal or device.
9. Signs erected, constructed or altered after the effective date of this ordinance which are required by Section 32.03.010 to have a permit which were erected, constructed or altered without benefit of a permit.
B. The following signs are prohibited:
1. Changing image signs.
2. Changing image signs which exist prior to the effective date of this ordinance may be maintained and repaired unless such sign becomes an abandoned sign. Existing changing image signs may be altered provided that after such alteration, the sign is no longer a changing image sign and the sign also complies with Title 33.
32.03.030 Fees.
(Amended by Ordinance No. 165703, effective July 29, 1992.)
A. Before any permit required by this Chapter may be issued to an applicant for a sign permit, a permit fee shall be paid to the City by said applicant:
1. Non-electrical signs - $70.
2. Electrical signs - $105, (plus electrical permit fee if connected by the sign contractor).
3. Awnings and awning signs - permit fees shall be charged based on the following table:
a. Lighted awnings up to 100 feet in length - $105.
b. Lighted awnings greater than 100 feet in length - $105 plus $1.10 for each foot in excess of 100 feet.
c. Unlighted awnings up to 100 feet in length - $70.
d. Unlighted awnings greater than 100 feet in length - $70 plus $1.10 for each foot in excess of 100 feet.
e. Awning signs added after initial installation of awning - $70 each.
B. Plan review/process fees. Permit applications, other than those with pre-approved design types, will not be processed or reviewed until the plan review fee has been paid. This fee shall be in addition to all other fees and shall equal 65 percent of the permit fee. Applications using pre-approved design types need only be reviewed for compliance with the specified pre-approved design, and with Title 33 of the Code of the City of Portland.
C. Additional plan review fee. A fee of $50 per hour, with a minimum charge of $30 for the first half-hour or fraction thereof, shall be charged for additional plan reviews required by changes, additions, or revisions to approved plans.
D. Inspections outside of normal business hours. A fee of $50 per hour or fraction thereof, with a minimum charge of 3 hours, shall e charged for inspections outside of normal business hours.
E. Reinspection fee. A fee of $50 per hour, with a minimum charge of $30 for the first half-hour or fraction thereof, shall be charge for reinspections for which no fee is specifically indicated. This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspections or reinspections.
F. Fee refunds. Permit and plan check fees will, as a general rule, be refunded when the services covered by the fee have not commenced, or the permit or plan review fees were paid incorrectly due to an error on the part of the City. When a permit applicant requests a refund, but the City was not a fault in accepting payment, fees shall be retained to cover the cost of plan review or inspections actually performed and 20 percent of the amount remaining. State surcharge fees are only refundable when a permit was issued in error. Requests for refunds must be made within 6 months of payment or permit issuance, whichever is later. Refunds are to be made to the same person or firm who paid the fee. Exceptions to the above requirements may be made by the Director or designee.
G. Commencement of work before obtaining a permit. If work is commenced before the issuance of the required permit(s), a double fee plus $250 shall be charge to the applicant. Payment of the fee shall not relieve the person or company doing the unauthorized work from other penalties presented by the Code of the City of Portland, or from complying with all appropriate Code provisions.
H. Sign face area is determined as follows:
1. The area of sign faces enclosed in frames or cabinets is determined based on the outer dimensions of the frame or cabinet surrounding the sign face. Sign area does not include foundations, supports, and other essential structures which are not serving as a backdrop or border to the sign. Only one side of any multi-faced sign will be counted.
2. When a sign is on a base material and attached without a frame, such as a wood board or plexiglas panel, the dimensions of the base material are to be used unless it is obvious that part of the base contains no sign, related display or decoration.
3. When signs are constructed of individual pieces attached to a building wall, sign area is determined by a perimeter drawn around all the pieces (see Section 33.535.120, Figure 535.2).
4. For sign structures containing multiple modules oriented in the same direction, the modules together are counted as one sign face (see Section 33.535.120, Figure 535.3).
5. The maximum surface area visible at one time of a round or three-dimensional sign is counted to determine sign area.
6. When signs are incorporated into awnings, the sign area is determined by a perimeter drawn around the copy.
I. Backlit awnings shall require both a sign permit and an electrical permit. The electrical permit shall be obtained by the contractor doing the electrical work.
Chapter 32.04
DESIGN, CONSTRUCTION AND
MAINTENANCE OF SIGNS AND
AWNINGS
Sections:
32.04.010 Design.
32.04.020 Construction.
32.04.030 Maintenance.
32.04.010 Design.
A. Signs, sign structures, sign foundation or anchorage and awnings and awning anchorages not pre-approved by the Bureau of Buildings shall be individually designed in accordance with applicable provisions of the Oregon State Building code and the plans shall be prepared and sealed by a State of Oregon registered engineer, who shall provide for this appropriate wind, seismic and combined loads.
All plans shall show the dimensions, materials, connections and attachments. If the sign is to be attached to a building, the plans shall have information justifying the adequacy of building members to support the loads imposed by the sign and sign structure.
B. Pre-approved sign types and sizes are as follows:
1. Projecting wall mounted sizes: 50 square feet maximum area when not over 40 feet from top of sign to grade.
2. Freestanding sign, flag design: 300 square feet maximum area when not over 30 feet from top of the sign to grade.
3. Freestanding signs, symmetrical design: 300 square feet maximum area when not more than 30 feet from top of sign to grade.
Plans for pre-approved signs will be approved without engineering review provided they show compliance with a pre-approved design.
C. Awnings in excess of 6 feet 6 inches in height, or projecting more than 4 feet 6 inches from the supporting structure or which project more than two-thirds of the height of the awning shall be designed in accordance with the requirements of the Oregon State Building Code, and shall bear the stamp of a State of Oregon registered engineer.
Plans and designs for awnings less than 6 feet 6 inches in height, and projecting out nor more than 4 feet 6 inches from the supporting building and which do not project more than two-thirds of the height of the awning may be submitted and pre-approved in accordance with Section 32.03.010 B. of this Title.
32.04.020 Construction.
(Amended by Ordinance No. 169905, effective Apr. 1, 1996.)
A. General. The supports and materials used in construction for all signs, sign structures and awnings shall be placed in or upon private property and shall be securely built, constructed and erected in conformity with the requirements of the State Building Code and the provisions of this Title. Awnings shall comply with the provisions of Chapter 32 of the Structural Specialty Code except that they are not required to be retractable.
B. Materials. Materials used in the construction of signs and sign structures shall be in accordance with the provisions of the appropriate State codes and/or the listings and standards of an approved testing agency.
C. Electric requirements. The wiring for electric signs and any electrical components in awnings shall comply with the requirements of the National Electrical Code and Title 26 of the City of Portland, and where appropriate, listing and standards of an approved testing agency.
D. Clearance between signs and awnings and power conductors. Horizontal and vertical clearances between signs, awnings and power conductors shall be as set forth in Table 1.
TABLE 1
CLEARANCES BETWEEN SIGNS AND POWER CONDUCTORS
Voltage of Supply Horizontal Vertical
Conductors to Ground Clearance Clearance
In Feet In Feet
750 to 8,700 5 8
8,701 to 15,000 8 8
15,001 to 50,000 10 10
exceeding 50,000 10 plus 4” 10 plus 4”
per KV in per KV in
excess excess
The clearances indicated are from the roof level or top of an installation to the point where the diagonal equals the vertical clearance requirement from this point the diagonal clearance shall equal the vertical clearance.
1. Clearance from fire escapes, exists or standpipes. No sign, sign structure, or awning shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exist or standpipe.
2. Obstruction of windows. No sign or awning shall obstruct any building openings to such an extent that light or ventilation is reduced to a point below that required under Titles 24 and 29 of the Code of the City of Portland.
Signs erected with 5 feet of an exterior wall in which there are openings within the area of the sign shall be constructed of noncombustible material or approved plastics.
3. Clearance and access to signs. Passage clear of all obstructions shall be provided under and/or around, and immediately adjacent to, all signs. Such passages shall be not less than 3 feet wide and 4 feet high and in the case of a roof sign shall be at parapet or roof level.
4. Installer’s name. The installer’s name and date of installation shall be clearly marked on the sign. This information shall be legible from the ground whenever practical.
32.04.030 Maintenance.
(Amended by Ordinance No. 173100, effective February 11, 1999.) All signs, sign structures, together with all of their supports, braces, guys and anchors, and all awnings shall be maintained in a proper state of repair to remain in compliance with Chapter 32.04.
Chapter 32.05
INSPECTIONS
Sections:
32.05.010 Inspections Required.
32.05.020 Welding.
32.05.010 Inspections Required.
A. Inspections required. All signs and awnings requiring permits shall be inspected by the Building Official.
B. Foundation and anchorage inspections. Foundations and anchorages for signs, and the anchorage of awnings shall be inspected by the Bureau of Buildings.
C. Removal of signs or awnings. The Building Official may order the removal of any sign or awning that is not maintained in accordance with provisions of this Title.
D. Reinspections. Any sign or awning may be reinspected at the discretion of the Building Official. However, reinspections made at the discretion of the Building Official shall not require a reinspection fee.
32.05.020 Welding.
All welding on signs which require a permit under this Title, shall be carried out by welders certified in accordance with the latest edition of the American Welding Society (AWS) Structural Welding Code. Welders shall be certified for all positions with Shielded Metal Arc Welding (SMAW) and approved and registered with the Bureau of Buildings, in accordance with Title 24 of the Code of the City of Portland.