Bureau of Development Services

Proposed Changes to Title 29

Code and Commentary Document

March 4, 2008

Summary

The provisions in Title 29 are designed to protect the livability of the City of Portland while providing minimum maintenance standards for existing housing stock. The changes being made to Title 29 in this proposed set of revisions are designed to continue this goal.

The proposed changes in essence fall into three categories:

1.  Clarification of existing code language

2.  Changes made to further match the City’s maintenance standards with the minimum State code requirements; and

3.  Added language to address specific issues, such as that of repeat code violators, that will provide the City with additional enforcement tools to help the citizens of Portland meet code compliance.

All of the proposed changes are contained within this document along with supporting documentation to explain the impetus behind the proposed change.

Understanding this Document.

This document provides the reviewer with both the proposed code changes and explanatory language supporting the change. The explanatory language, or commentary, faces the corresponding code language revisions on the opposite page.

All commentary language is located on the even pages, and the corresponding code language is located on the odd pages. (See Diagram below)

      Even Pages     Odd Pages

This format allows the reviewer to see both code change and rationale in the same location thereby facilitating quick review.

Amend section 29.10.020 Definitions, Subsection B. Accessory Structure

To clarify as an example that driveways are also included. We have been questioned as to how we can site property maintenance issues on driveways when they are not specifically mentioned.

Amend Section 29.10.020 Definitions, Subsection U Dwelling Unit

Change creates consistency between Title 29 and the construction codes for the definition of dwelling unit.

Amend Section 29.30.005

This section is being amended to clarify which code applies to the building owner in terms of maintenance.

Subsection A specifies that all residences must be maintained in accordance with Chapter 29.30. This is consistent with the current language.

Subsection B is being changed to clarify current application of the law. Typically, a building is only required to meet the code provisions to which the building was permitted. For example, if a building was permitted and constructed in 1982 that building is allowed to legally be maintained to the 1982 standards. As this section currently reads, a building constructed in 1982 would need to also meet the provisions in Chapter 29.30. This is contrary to current law.

Subsection C is a new section being added to clarify that work completed illegally without benefit of permit will be required to meet current code requirements. Since it is impossible to determine what code was used when work has been completed without benefit of a permit, all illegal work must be brought up to current code standards.

Amend 29.10.020 Definitions, Subsection B. Accessory Structure and Subsection U Dwelling Unit as follows:

 29.10.020 Definitions.

B.  Accessory Structure. Any structure not intended for human occupancy which is located on residential property. Accessory structures may be attached to or detached from the residential structure. Examples of accessory structures include: garages, carports, sheds, and other non-dwelling buildings; decks, awnings, heat pumps, fences, trellises, flag poles, tanks, towers, exterior stairs, driveways and walkways, and other exterior structures on the property.

U.  Dwelling Unit. One or more habitable rooms that are occupied by, or designed or intended to be occupied by, one person or by a family or group of housemates living together as a single housekeeping unit that includes facilities for living and sleeping and, unless exempted by this Title in Sections 29.30.150 and 29.30.160, also includes A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking, eating, and sanitation.

Portland City Code 29.30.005 General, is amended to read as follows:

29.30.005 General.

A.  No owner shall maintain or permit to be maintained any residential property which does not comply with the requirements of this Chapter. An owner may not maintain or permit to be maintained, in violation of this chapter, any residential property.

B.  All residential property shall be maintained to the building, mechanical, plumbing and electrical code requirements in effect at the time of construction, alteration, or repair and shall meet the minimum requirements described in this chapter.

C.  Where construction, alteration or repair has been made to a residential property illegally without benefit of a permit, all work shall be required to meet current requirements of the applicable Oregon Specialty Code as adopted in Sections 24.10.040, 25.01.020, 26.01.030 and 27.01.030 of the City Code.

(Section 29.30.005 Continued)

Subsection D is being added to clarify when the minimum standards listed in 29.30 apply. Prior to July 1974, a State building code was not in place. It was determined that any residences created before the State building code was in place should be required to use these standards. In cases where a customer can verify either through a permit record or other means that they are maintaining a structure under a specific pre-1974 code, BDS would consider that data and make allowances as allowed under Subsection B above.

Amend 29.30.090 Windows, subsections A through C and E

The window requirements are generally being revised to allow for greater flexibility in existing buildings. Previous codes were reviewed to create a realistic minimum for the maintenance of buildings that were constructed before the implementation of a statewide code.

Subsection A

This section has been amended to provide greater flexibility for windows that are exclusively used for providing natural light. A new allowance has been added to this section to account for light that is provided through artificial sources. The provisions for windows that provide emergency escape are located in Section 29.30.090 E and are separate from these allowances.

Subsection B.

This section has been revised to acknowledge the presence of mechanical ventilation systems. If there is an adequate mechanical ventilation system, and the window is not necessary for emergency escape, then the opening requirements of this section are not applicable. The new allowance provides increased flexibility for pre 1974 buildings.

Subsection C.

This section contains minor revisions to clarify the existing requirements.

(Section 29.30.005 continued)

D.  The specific minimum maintenance standards set forth in subsections 29.30.010 through 29.30.240 shall only apply to residential property that was constructed, altered or repaired before July 1, 1974. Subsections 29.30.250 through 29.30.290 shall apply to all applicable structures regardless of construction date.

Portland City Code 29.30.090 Windows, Subsections A through C and E are amended to read as follows:

29.30.090 Windows.

A.  Every habitable room shall have at least one window facing directly to an exterior yard or court. The minimum total glass area for each habitable room shall be 6.8 percent of the room’s floor area, except for basement rooms where the minimum shall be 5 percent. This exception to the current code shall not apply where any occupancy has been changed or increased contrary to the provisions of this Title. The glazed areas need not be provided in rooms where artificial light is provided capable of producing an average illumination of 3 foot-candles over the area of the room measured at a height of 30 inches above the floor and the minimum ventilation requirements in Subsection B below are satisfied.

B.  Every habitable room shall have at least one window that can be easily opened or another approved device to adequately ventilate the room. Except where another approved ventilation device is provided, Except where another approved ventilation device is provided, the total openable window area in every habitable room shall be equal to at least one-fortieth (2.5%) of the area of the room. Windows required for secondary escape purposes in sleeping rooms must also meet the requirements outlined in Subsection 29.30.090 D. The glazed areas need not be openable where the opening is not required for emergency escape and an approved mechanical ventilation system is provided capable of producing 0.35 air changes per hour in the room.

C.  Every bathroom and or toilet room or compartment shall comply with the light and ventilation requirements for habitable rooms as required by Subsections 29.30.090 A and B, except that no window shall be required in bathrooms or toilet compartments equipped with an approved ventilation system.

Subsection E

This section is being revised to delete the reference to 1974 since the general provisions in Section 29.30.005 D address this issue.

Amend 29.30.140 requirements for residential rental properties.

Subsection C.

This section is being revised in two ways. First, the size requirement is being reduces to reflect the requirements for recycling and will now match OSD requirements. In addition, the language is being simplified.

Amend Section 29.30.140 Cleanliness and Sanitation, by adding new Subsection D.

This proposed change addresses repeat trash violators and will ultimately require that any repeat offender be required to obtain refuse service from one of the companies providing weekly refuse service in the city. Both OSD and the City Inter Bureau Task Force support this code change as it relates to repeat offenders. OSD estimates that approx. 8% of owner occupied properties do not have regular garbage service. There is a small percentage of owner occupied properties that we receive multiple nuisance complaints for garbage, trash and debris. At this time, the only solution for this variety of complaints is to go through the nuisance process which is often very frustrating to nearby neighbors because the property is eventually cleaned up but the problem is repeated in short order. This change will create another enforcement tool for these instances.

(Section 29.30.090 Continued)

(Subsection D unchanged)

E.  Windows in sleeping rooms

1.  General. Windows in sleeping rooms that are provided to meet emergency escape or rescue requirements described in Section 29.30.230 A shall have a minimum net clear opening of at least 20 inches wide, and at least 22 inches high, and, if constructed after July 1, 1974, at least five square feet in area.

(Subsections F through H unchanged)

Portland City Code 29.30.140 Cleanliness and Sanitation, Subsection C is amended and new Subsection D is added as indicated below.

C.  The owner of a any residential rental property shall provide, for each dwelling unit, in a location accessible to all dwelling units at least one 30 20 gallon receptacle for each dwelling unit, or receptacles with a into which garbage and rubbish from each dwelling unit may be emptied for storage and collection. Receptacles must be of sufficient capacity sufficient to prevent the overflow of garbage and rubbish from occurring, into which garbage and rubbish from the dwelling units may be emptied for storage between days of collection. Receptacles and lids shall be watertight and provided with handles. All receptacles shall be maintained free from holes and covered with tight-fitting lids at all times. The owner of the residential rental property units shall subscribe to and pay for weekly garbage removal service for the receptacles required by this subsection, by a refuse collection permittee or franchisee as defined in Chapter 17.102 of the Code of the City of Portland.

D.  The owner of any owner occupied residential property shall be required to subscribe and pay for weekly garbage removal service by a refuse collection permittee or franchisee as defined in Chapter 17.102 of the Code of the City of Portland if the property has been posted two or more times within one year for violation of Section 29.20.010G(1) or (2)

Amend Section 29.30.200 Ceiling Heights, Subsection B 2.

This section is being revised to include the applicable language from the 2005 Oregon Residential Specialty Code rather than reference the code itself. This will ensure that the applicable requirements are available for future use without needing to amend Title 29 every time the State code changes.

Amend Section 29.30.280 Swimming Pool Enclosures

The State Building Code no longer has the distance requirements from lot lines. Removing this language will match the current State Oregon Residential Specialty Code.

Amend Section 29.40.010 Derelict Buildings, Subsection A

This code change would reflect current policy and practice. Due to market conditions, the number of derelict buildings affecting neighborhoods has dropped greatly from 10-15 years ago. Often buildings are vacant and boarded for security purposes, not for reason of neglect or abandonment. The derelict Building provision applies to both residential and non-residential buildings. The reality is that a truly derelict building is: Vacant, Boarded and one of the additional listed criteria.

Amend Section 29.70.010 A, Enforcement fees for Housing and Dangerous and Derelict Buildings.

This change would give our office more flexibility & enforcement tools up front on when to charge the Code Enforcement Fee, i.e. not charge Owner occupied properties until after 60 days, as opposed to the back end, once a violation case is closed. Currently we are required to charge the fee after 30 days. Administratively we have waivers in place if certain requirements are met and the fee is thus suspended. The City Attorney’s Office was concerned that we have Admin Rules in place to determine when the fee would not be charged. Per policy/procedure we treat owner occupied properties differently than vacant and rental occupied properties as to when to open a violation case. We would not make any changes to current policy for vacant & rental occupied properties which would satisfy any concerns that might be expressed from Neighborhoods and the Community Alliance of Tenants if the code language was changed to may.

Amend 29.30.200 Ceiling Heights, Subsection B 2 as follows.

2.  Bathrooms. In bathrooms with a sloped ceilings not more than 75 % of the floor area of a bathroom is permitted to have a sloped ceiling less than 7 feet in height, provided an area of 21 inches by 24 inches in front of toilets and lavatories has a minimum of 6 feet 4 inches in height. An area of 24 inches by 30 inches in front of and inside a tub or shower shall have a minimum of 6 feet 4 inches in height., the ceiling height shall comply with Section 305.1 Exception 4 of the 2005 Oregon Residential Specialty Code.

Amend 29.30.280 Swimming Pool Enclosures as follows:

29.30.280 Swimming Pool Enclosures.

Swimming pool enclosures shall comply with either the provisions in the 2005 Oregon Residential Specialty Code or Oregon Administrative Rule 333.060.0105 (effective 09-1-1994) as appropriate. No swimming pool shall be nearer than 3 feet from any lot line, and no enclosing fence or wall shall be constructed nearer than 3 feet to the outer walls of the swimming pool. The lot line shall be as defined in Title 33 of City code.

Amend 29.40.010 Derelict Buildings as follows:

29.40.010  Derelict Buildings.

A.  A derelict building shall be considered to exist whenever any building, structure, or portion thereof which is unoccupied meets any of the following criteria or any residential structure which is at least 50% unoccupied meets any of the following two criteria:

 (Remainder of section unchanged)

29.70.010  Enforcement Fees for Housing and Dangerous and Derelict Buildings.

A.  The City shall may charge a penalty in the form of a monthly enforcement fee for each property found in violation of Chapters 29.30 or 29.40 of this Title that meets the following conditions:

(Remainder of section unchanged)

Add a new Section, 29.70.040 Chronic Offender, to address the unique circumstances of the repeat violator.

This code change is supported by the City Inter Bureau Task Force and the Community Alliance of Tenants. This would give us an additional enforcement tool to take such offenders directly to the Code Hearings Officer for additional sanctions. Our only other option in the immediate past has been the Community Court process which has not been very productive or useful.

Add Portland City Code 29.70.040 Chronic Offender as follows:

29.70.040  Chronic Offender

A.  A Chronic Offender is any person whose property has accumulated, within any 12-month period, multiple violations under Title 29 which have a negative impact on the public health or welfare and cause repeat inspections and enforcement efforts by the Director.

B.  The Director shall adopt policies and procedures setting forth the type and number of Title 29 violations that result in a Chronic Offender designation.

C.  The Director may pursue any of the following actions against a Chronic Offender:

1.  Refer the Chronic Offender to the Code Hearings Officer, as provided in Title 22 of the City Code, for additional sanctions; or

2.  Refer the Chronic Offender for Criminal Prosecution and criminal penalties of a fine of up to $500 per violation or six (6) months in jail as provided for in City Code Section 1.01.