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24.85.065 Seismic Strengthening of Unreinforced Masonry Bearing Wall Buildings.

(Added by Ordinance No. 169427; amended by Ordinance Nos. 170997, 178831, 187192 and 189201, effective November 9, 2018).  When any building alterations or repairs occur at an Unreinforced Masonry Bearing Wall Building, all seismic hazards shall be mitigated as set forth in Subsections 24.85.065 A. and B.  A previously permitted seismic strengthening scheme designed in accordance with FEMA 178/310/ASCE 31 may be submitted for consideration by the Bureau Director as equivalent to the ASCE 41 improvement standard.

A.  Roof Repair or Replacement.  When a roof covering is repaired or replaced, as defined in 24.85.020, the building structural roof system, anchorage, and parapets shall be repaired or rehabilitated such that, at a minimum, the wall anchorage for both in-plane and out-of-plane forces at the roof and parapet bracing conform to the ASCE 41-BPOE improvement standard.  In-plane brick shear tests are not required as part of the ASCE evaluation under this subsection.

B.  Additional Triggers.

1.  Building alterations or repair.  When the cost of alteration or repair work which requires a building permit exceeds the following criteria, then the building shall be improved to resist seismic forces such that the entire building conforms to the ASCE 41-BPOE improvement standard.

Table 24.85-C

Building Description

Cost of Alteration or Repair in a 5-Year Period

Cost of Alteration or Repair in a 15-Year Period (including the first 5 years)

Single Story Building

$60 per square foot

$120 per square foot

Buildings Two Stories or Greater

$45 per square foot

$90 per square foot

Special building hazard: buildings in a relative hazard category 5 or with vertical or plan irregularities

$45 per square foot

$90 per square foot

2.  Special building hazards.  Where an Unreinforced Masonry Building of any size contains any of the following hazards, the building shall be seismically improved if the cost of alteration or repair exceeds $45 per square foot:

a.  The Building possesses an Occupancy Classification listed within the Relative Hazard Category 5 as determined in Section 24.85.040 of this Chapter; or

b.  The building is classified as possessing either vertical or plan irregularities as defined in the OSSC.

3.  Exclusions from cost calculations.  Costs for site improvements, eco-roofs, mandated FM41 agreements, mandated ADA improvements, mandated non-conforming upgrades under Title 33, mandated elevator improvements and mandated or voluntary seismic improvements or work exempted from permit as described in Chapter 1 of the OSSC will not be included in the dollar amounts listed in Subsections 24.85.065 B.1. and 2.

4.  Live/Work spaces in Unreinforced Masonry buildings.  See Section 24.85.040 B for requirements when a Unreinforced Masonry building is converted to contain live/work spaces.

5.  Automatic cost increase.  The dollar amounts listed in Subsections 24.85.065 B.1. and 2. shall be modified each year after 2018 by the percent change in the R.S. Means of Construction Cost Index for Portland, Oregon.  The revised dollar amounts will be made available at the Development Services Center.

C.  Placard requirement for unreinforced masonry buildings.

On or before the dates set forth in the timetable below, all unreinforced masonry buildings that have not been retrofitted to the standard specified in Subsection 24.85.065 F. below must be posted with a placard in a conspicuous place on the exterior at the main entrance of the building.  The criteria for the placard are as follows:

1.  Font.  The font must be at least 50-point bold type, legible sans serif.

2.  Size.  The placard must be at least 8 inches by 10 inches.

3.  Material.  The placard must be constructed of a durable material that can withstand the elements and must be maintained to ensure that it is not defaced, removed, damaged, or degraded to the point where the placard is no longer legible.

4.  Content.  The placard must contain the following language: “THIS IS AN UNREINFORCED MASONRY BUILDING. UNREINFORCED MASONRY BUILDINGS MAY BE UNSAFE IN THE EVENT OF A MAJOR EARTHQUAKE.”

5.  Duration.  The placard must remain in place until the building is either: retrofitted and the Bureau of Development Services confirms that the retrofit specified in Subsection 24.85.065 F. has been completed and approved by BDS; or the building is demolished.

6.  Timeline.  Placards must be posted according to the following timeline:

a.  Publicly-owned buildings.  Publicly-owned URM buildings must post the required placard on or before January 1, 2019.

b.  Non-profit buildings.  Non-profit URM buildings must post the required placard on or before November 1, 2020.

c.  All other buildings.  All other URM buildings that do not fall into a. or b. above must post the required placard on or before March 1, 2019.

D.  Tenant notification for unreinforced masonry buildings.

1.  Existing leases and rental agreements.  The owner of a building subject to Subsection 24.85.065 C. must notify existing tenants that the building is an unreinforced masonry building, and unreinforced masonry buildings may be unsafe in the event of a major earthquake.

2.  Leases and rental agreements entered into or renewed after the timeline for placarding.  Every lease or rental agreement entered into or renewed on or after the relevant timeline for posting the required placards as outlined in Subsection 24.85.065 C.6., involving a building subject to the requirements of Subsection 24.85.065 C., must contain a statement that: the building is an unreinforced masonry building, and unreinforced masonry buildings may be unsafe in the event of a major earthquake.

E.  Documentation of compliance to be recorded.

The owner of a building subject to Subsections 24.85.065 C. and D. must execute and record an agreement not to remove the placard required in Subsection 24.85.065 C. and an acknowledgement of compliance with the tenant notification requirements outlined in Subsection 24.85.065 D. on a form provided by the Bureau of Development Services.  The building owner must provide a copy of the recorded document to the Bureau.

F.  Evidence that a building is exempt from placard requirements.

The following are evidence that an unreinforced masonry building meets the required retrofit standards and will exempt the building owner from complying with Subsections 24.85.065 C., D., and E.

1.  Buildings that have been fully retrofitted to or shown to meet or exceed the following standards:

The Basic Performance Objective for Existing Buildings (BPOE) or better as defined in ASCE 41-17 or ASCE 41-13 for collapse prevention structural performance level under BSE-2E seismic hazard or life safety structural performance level under BSE-1E seismic hazard; and URM parapets, cornices and chimneys for life safety non-structural performance level under BSE-1E seismic hazard.  The seismic hazards BSE-1 and BSE-2 are as previously defined in Section 24.85.020; or

2.  Buildings that have previously been fully retrofitted prior to January 1, 2018 to one of the following standards:

a.  Life Safety performance level or better using FEMA-178, FEMA 310, or ASCE 31, including bracing of parapets, cornices and chimneys; or

b.   Oregon Structural Specialty Code, 1993 edition or later.

G.  Enforcement.

1.  Fire Marshal Inspections.  As part of Portland Fire & Rescue’s periodic inspections program outlined in Chapter 31.50, the Portland Fire Marshal is granted authority to inspect unreinforced masonry buildings for compliance with the provisions of Subsection 24.85.065 C.  If the Fire Marshal determines there is a violation of Subsection 24.85.065 C., the Fire Marshal will issue a notice of violation to the owner of the building.  The building owner will have 40 calendar days from the date of the notice of violation to comply with the requirements of Subsection 24.85.065 C., and the Fire Marshal will re-inspect the building for compliance.  If the violation still exists at the time of the re-inspection, the Fire Marshal will charge a re-inspection fee and turn the case over to the Bureau of Development Services for further enforcement.

2.  Bureau of Development Services’ enforcement.  BDS will use its existing enforcement authority as outlined in Section 3.30.040 to enforce the provisions of Subsections 24.85.065 C., D., and E.

H.  Appeals.

1.  Appeals of determination that building is unreinforced masonry or whether the building has been retrofitted: if the building owner disagrees with the determination that the building is an unreinforced masonry building or that the building was retrofitted to the standards outlined in Subsection 24.85.065 F., the building owner may appeal that determination as provided in Section 24.85.095.

2.  If a building owner appeals the determination that the building is an unreinforced masonry building or that it has been retrofitted to the standards outlined in Subsection 24.85.065 F., and the Director upholds the URM determination, then the building owner has until the relevant date set forth in the timetable in Subsection 24.85.065 C.6., or two months from the written determination, whichever is later, to install the placard in accordance with Subsection 24.85.065 C. and complete the tenant notification outlined in Subsection 24.85.065 D.

3.  Appeals related to BDS enforcement actions under Section 3.30.040 that do not fall under Subsection 24.85.065 H.1.-2. will follow the procedures laid out in that Chapter.

I.  Future-discovered unreinforced masonry buildings.

If the Bureau of Development Services discovers that a building is an unreinforced masonry building that has not been retrofitted to the standards outlined in Subsection 24.85.065 F. after the relevant date set forth in the timetable in Subsection 24.85.065 C.6., the Bureau will provide written notice to the building owner that the building must comply with the provisions of Subsections 24.85.065 C., D., E, and F.  The building owner will have three months from the Bureau’s written determination and notice to property owner to either comply or file an appeal as described in Subsection 24.85.065 H.