Amend City Code to adopt State of Oregon Building Codes by reference (amend Code Title 24 and Sections 25.01.020, 26.01.030, and 27.01.030)

There are 7 different state building codes (commercial, residential, plumbing, mechanical, electrical, energy, and manufactured dwellings) that are updated with a new edition about every 3 years. The State Building Codes Division goes through the adoption process including outreach and public hearings with a few of the codes each year. City Code currently references the specific edition for each code (the 2025 OEESC for example that was just updated in June). This ordinance removes those specific years in the code text and instead references the state statutes and state administrative rules that identify the year, effective date, and mandatory date. This keeps City Code accurate and current without the burden of requiring City Code amendments every time the state adopts new editions. State statute requires that every jurisdiction in Oregon use the same statewide building codes. This amendment will save significant city staff and Council time that is currently required to perpetually amend City Code to match the specific editions that the state has adopted.

Portland Permitting & Development serves as the local administrator for the seven State Building Codes. The State Building Codes Division issues a fiscal and economic impact statement for each new code edition in preparation for the rulemaking hearing. Many code updates are cost neutral for development or provide more flexibility to meet fire and life safety standards. Some code updates, like the most recent energy code revision, are published with a list of increased costs and reasoning statements.For each code edition update, the State Building Codes Division adoption process includes a committee of interested parties to review the proposed changes, opportunities for anyone in the public to propose a code amendment and maintains six separate boards with mixed representation to review the recommendation of the committee. At each point of this process the public is invited to attend the meetings and submit public testimony.Information about the state’s code adoption process and progress on each code is provided online and distributed through a public subscriber email list: BCD Code Adoption and ReviewEvery jurisdiction in Oregon is required to use the statewide adopted Building Codes, so all development in peer cities is required to meet the same standards.

No community involvement was conducted in the development of this ordinance, however small businesses, owners, and contractors are represented on each of the six boards that review the appropriate provisions of the proposed codes. For example, the Residential and Manufactured Structures Board is required by state statute to include representation from home builders and residential design professionals, as well as a representative of an energy supplier and a building official. All together there are 11 members of the board to provide a diverse range of interests and perspectives. Anyone from the public or private sector can submit a code amendment proposal or may come to the board meetings to testify for or against specific code changes.

This ordinance allows existing staff time to be used more efficiently. It opens space for policy staff to address City goals and code improvement projects instead of clerical upkeep of City Code. For example, updating the code edition for the 2025 OEESC in June used approximately 60 hours of PP&D staff time to create the ordinance, impact statements, presentation, and memos, and coordinate submission, reviews, and approvals for all of these items through the multi-layered council process. This ordinance will also free Council/committee attention and meeting time for issues and ordinances that can effect meaningful change.

This ordinance does not impact the City’s sustainability goals.