On Feb. 14, 2019, the Federal Court ordered the City of Portland to stop enforcing the
CUSTOMER & COMMUNITY NOTIFICATION
January 11, 2019
Contact: Amit Kumar, Senior Structural Engineer, Engineering Plan Review Services, Amit.Kumar@portlandoregon.gov
Update on URM Ordinances 189201 & 189309 Requirements and Letter Notifications
To reduce the risk posed by unreinforced masonry (URM) buildings, Portland City Council passed Ordinance 189201 and 189309 requiring owners of URM buildings to notify tenants and visitors that the structure is a URM. Notifications to owners of Public buildings informing them of the requirements of the ordinance and how to comply with these requirements were mailed December 7, 2018. Notifications to other URM building owners except non-profits, were mailed on January 9, 2019.
The notification letters that were mailed out on January 9, 2019 contained a printing error. The letter incorrectly stated two dates on item numbers 4 & 5. The correct dates are in bold below:
4. Record and submit the “Declaration of Agreement Not to Remove Placard and Acknowledgement of Compliance with Tenant Requirements” document. This document (enclosed) will need to be notarized before it is recorded. The agreement indicates you will not remove the placard (unless the building is no longer classified as a URM) and that you have complied with tenant notification requirements. Agreements may be submitted digitally or by mail on or before January 1, 2019 March 1, 2019.
5. Submit a photograph of a properly placed placard to the Bureau of Development Services on or before January 1, 2019 March 1, 2019.
Postcards were mailed on January 11, 2019 with the corrected dates to the owners who were sent the incorrect information. We regret the error and apologize for any confusion.
Placarding and Tenant Notification Requirements
The ordinance requires that:
- A placard be posted on all URM buildings that reads: “This is an Unreinforced Masonry Building. Unreinforced Masonry Buildings may be unsafe in an event of a major earthquake.”
- The building owner 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.
- In addition to a placard, every lease or rental agreement entered into or renewed after the timeline for placarding noted below, must contain a statement that: “This is an Unreinforced Masonry Building. Unreinforced Masonry Buildings may be unsafe in an event of a Major Earthquake.”
- Building owners must record an agreement not to remove the placard and acknowledgment of compliance with tenant notification requirements.
The ordinance requires URM owners to post a placard according to the following timeline:
- Publicly-owned buildings: On or before January 1,2019
- Non-profit buildings: On or before November 1, 2020
- All other buildings: On or before March 1, 2019
The URM placard must:
- Be at least 8”x10” inches
- Have lettering in at least 50-point bold font
- Be posted in a conspicuous location on the exterior at the main entrance with the following language: “This is an Unreinforced Masonry Building. Unreinforced Masonry Buildings may be unsafe in an event of a major earthquake.”
It is not required to post the placard in languages other than English, but if the building serves people who are not fluent in English, it is recommended to post the information in those additional languages. The placard should also meet Americans with Disabilities Act (ADA) Sign Installation Guidelines.
Exceptions to Placarding and Tenant Notifications
Buildings that have been retrofitted to the following standards will not require a placard or tenant notification:
- Collapse prevention standard for BSE-2 seismic hazards or life safety for BSE-1 seismic hazard as defined in American Society of Civil Engineers (ASCE) 41-17 or ASCE 41-13 are not required to post a placard or notify tenants
For buildings that were retrofitted before January 1, 2018, either:
- Life Safety standard using FEMA 178, FEMA 310, or ASCE 31; or
- Oregon Structural Specialty Code 1993 edition or later
Portland Fire and Rescue will inspect the placement of placards as part of their inspection program and will work with BDS Enforcement Section to enforce the requirements for placards.
BDS Enforcement Section will use its existing enforcement program and authority to enforce the requirements for placarding and tenant notification.
Building owners who receive notice to place placards and notify tenants but believe that their building is not a URM, or that the URM building has already been retrofitted to meet the standards above, may file an appeal. See frequently Asked Questions on Placarding and tenant Notification Requirements for URM Buildings for more information.
- Instructions for how to bring a URM building into compliance with Ordinance 189201 are available here.
- BDS will create administrative rules that clarify how to provide documentation to show compliance with the new regulations.
- See the Frequently Asked Questions on Placarding and Tenant Notification Requirements for URM buildings here.
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