A lease in an older Portland building can look simple until the permit review starts. If the new use changes the building's occupancy, Portland City Code Title 24.85 can require seismic upgrades, and that cost lands on whoever agreed to pay for permit work.
What triggers the review
For a change of use or occupancy, Portland says seismic requirements depend on the new use, how much the occupant load increases and what portion of the building changes. A Title 24.85 seismic trigger analysis compares the 2004 baseline occupant load to the proposed one.
Uses that move the needle
Office to assembly uses such as a restaurant, gym or event space.
A restaurant growing from fewer than 50 seats to 50 or more, which Portland names as a less obvious change of occupancy.
Office or retail to child care, education or residential uses.
The other upgrades that come with it
Accessibility. Up to 25 percent of construction cost may go toward removing existing barriers.
Fire and life safety. Exits must meet new construction standards, and sprinklers may be added.
Zoning. Parking, bike parking and site upgrades can apply.
Before you sign
Confirm the building's existing permitted occupancy.
Run a seismic trigger analysis for the planned use and occupant load.
Price the accessibility, fire and zoning items with it.
Write the lease so responsibility for triggered work is clear.
Frequently Asked Questions
Can a lease trigger a seismic upgrade in Portland?
A change of use or occupancy can, under Title 24.85, depending on the new use, the occupant load increase and how much of the building changes.
What is a seismic trigger analysis?
A comparison of the building's 2004 baseline occupant load to the proposed occupant load, used to decide whether Title 24.85 requirements apply.
What else does a change of occupancy trigger?
Accessibility, fire and life safety and zoning items can also apply.
Sources
Insights are general information researched from published sources on the date shown. Rules change, so confirm with the permitting authority before you act.
