Chapter 15.44 EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS

The purpose of this chapter is to promote public safety and welfare by reducing the risk of death and injury resulting from the effects of earthquakes on unreinforced masonry buildings constructed prior to the adoption and enforcement of building codes requiring earthquake resistant design. Such buildings are widely recognized for sustaining life-hazardous damage, including partial or complete collapse during moderate to strong earthquakes.

The provisions of this chapter are intended as minimum standards for structural seismic resistance established primarily to reduce the risk of injury and loss of life. Compliance with these standards will not necessarily entirely prevent injury or loss of life or prevent earthquake damage to rehabilitated buildings. This chapter does not require alteration of existing electrical, plumbing, mechanical or fire safety systems unless they constitute a hazard to life or property.

This chapter provides systematic procedures and standards for identification and classification of hazards in unreinforced masonry buildings based on their present use and condition. Priorities, time periods and standards are also established under which these buildings are required to be structurally analyzed and strengthened or demolished. (Ord. 89-539).

15.44.020 Scope.

The provisions of this chapter shall apply to all buildings constructed or under construction prior to the adoption and enforcement of earthquake resistant code requirements, or for which a building permit was issued prior to January 1, 1940, which have unreinforced masonry walls, foundations, piers or other structural elements.

Exception: This section shall not apply to any solely residential building containing five or fewer dwelling units; to structures used solely as warehouses or similar purposes not for human habitation; or to buildings owned by the state or federal governments.

Structures which come within the scope of this chapter, not identified and included in the original survey report made as a part of SB 547 implementation, shall comply with the requirements of this chapter. For these buildings, applicable time limits in accordance with FMC 15.44.100 through 15.44.150 shall begin on the date of notification of the owner by the building division. (Ord. 89-539).

15.44.030 Definitions.

For the purpose of this chapter certain terms, phrases, words and their derivatives shall be construed as specified in this section. Words used in the singular include the plural, and vice versa. For terms, etc., not defined in this section, they shall have their ordinary accepted meanings within the context used in accordance with applicable sections of this title.

“Complete/completion” means successful accomplishment and approval by the building division.

“Essential building” means any building housing a hospital or other medical facility having surgical or medical treatment areas, fire or police stations, municipal government public safety or disaster operations or communication centers.

High Hazard Building. Refer to FMC 15.44.050.

Low Hazard Building. Refer to FMC 15.44.070.

Medium Hazard Building. Refer to FMC 15.44.060.

“Occupant load” means the occupant load for the entire structure as determined in accordance with UBC 3302(a), regardless of degree of actual use.

“Owner” means any person, agent, firm, corporation or other entity having legal or equitable interest in the property, as listed in the records of the Humboldt County tax assessor on the date of adoption of the ordinance codified in this chapter.

“UBC” means the Uniform Building Code (ICBO), as adopted in this code.

“UCBC” means the Uniform Code for Building Conservation (ICBO publication #231500), as adopted in this chapter.

“Unreinforced masonry” means a masonry element which lacks steel reinforcement. (Ord. 89-539).

15.44.040 Seismic hazard classification – Generally.

The seismic hazard classifications in this section are established. Each building within the scope of this chapter shall be placed in one such classification by the building division. (Ord. 89-539).

15.44.050 Seismic hazard classification – High hazard building.

“High hazard building” is any unreinforced masonry building having one or more of the following conditions present:

A. An occupant load of 300 or more;

B. A foundation, all or part, of unreinforced masonry, including footings, piers, stemwalls, etc., which places any part of the mudsill (or equivalent) of the building 12 inches or more above interior or exterior grade at any point. All measurements shall be vertical;

C. Wall(s) constructed of unreinforced masonry and 15 feet or more in height, all or part, measured vertically from the bottom surface of the wall base (equivalent to sole plate) to the top surface of the wall (equivalent to top plate);

D. Parapet wall(s) constructed of unreinforced masonry; and (1) 24 inches or more in height, all or part, measured vertically from the uppermost part of the parapet to the top surface of the contiguous subroof deck, or (2) in the deteriorated and/or unstable condition, regardless of wall height, as determined by the building division;

E. More than one story in height, as determined in accordance with UBC Section 420, including buildings otherwise classified as low hazard or medium hazard buildings;

F. In a physical condition, as determined by the building division, or by the responsible engineer or architect with the concurrence of the building division, to be a hazardous building and dangerous to human life as defined by UBC Section 203;

G. An essential building. (Ord. 89-539).

15.44.060 Seismic hazard classification – Medium hazard building.

“Medium hazard building” is any one-story unreinforced masonry building, not classified as a high hazard building, having an occupant load between 100 and 299. (Ord. 89-539).

15.44.070 Seismic hazard classification – Low hazard building.

“Low hazard building” is any one-story unreinforced masonry building, not classified as a high or medium hazard building, having an occupant load of less than 100. (Ord. 89-539).

15.44.080 General requirements – Structural analysis.

Before January 1, 1991, the owner of each building within the scope of this chapter shall cause to be submitted to the building division a structural analysis of the building completed by a civil or structural engineer or architect, licensed by the state of California. Using this structural analysis as the basis for design, the owner shall obtain the required permit(s) and shall cause the building to be structurally altered in accordance with the requirements and time periods of this chapter, or the owner shall cause the building to be demolished. (Ord. 89-539).

15.44.090 Occupancy type change – Conformance requirements.

Change in the type of occupancy or use of a building, or portion of a building, within the scope of this chapter shall conform to the requirements established elsewhere in this code.

If such change causes the structure to come under a different seismic hazard classification, the time limits for compliance for that new classification shall apply, but the date on which the time limits begin shall not change.

If such change causes the structure to come under a seismic hazard classification for which a time limit has already expired, the application for permits for the work of the change shall be denied by the building division. If such work is in progress without the benefit of the required permits, the building division shall complete enforcement action as specified elsewhere in this code. (Ord. 89-539).

15.44.100 Commencement of time limits – Generally.

All time limit periods discussed in this chapter shall begin on January 1, 1990. (Ord. 89-539).

15.44.110 Commencement of time limits – High hazard buildings.

The owner shall obtain the necessary permit(s) within three calendar years, and shall complete all alterations necessary to bring the building into compliance, or demolish the building within five calendar years. (Ord. 89-539).

15.44.120 Commencement of time limits – Medium hazard buildings.

The owner shall obtain the necessary permit(s) within six calendar years, and shall complete all alterations necessary to bring the building into compliance, or demolish the building within nine calendar years. (Ord. 89-539).

15.44.130 Commencement of time limits – Low hazard buildings.

The owner shall obtain the necessary permit(s) within seven calendar years, and shall complete all alterations necessary to bring the building into compliance, or demolish the building within 10 calendar years. (Ord. 89-539).

15.44.140 Commencement of time limits – Mixed hazard classifications.

The entire structure, as a whole, shall be subject to the compliance time limits of the highest seismic hazard classification within the structure. (Ord. 89-539).

15.44.150 Time limit hardship extension.

For high hazard buildings, where a significant financial hardship can be shown to be caused by the time limits specified in FMC 15.44.110, the property owner may appeal to the city council for a one-year extension. Not more than three one-year extensions shall be approved on each building, i.e., the owner of a high hazard building, after obtaining the maximum number of discretionary extensions, as set forth above, may be allowed a maximum of eight years to obtain permits and complete seismic alterations. A separate appeal is required for each such extension.

To ensure consistent interpretation, the council shall publish minimum financial data submittal requirements and guidelines for review and approval of such appeals prior to consideration of any such appeal.

Hardship appeals shall be submitted prior to the expiration of the time limit being appealed. No extensions shall be provided for medium hazard and low hazard buildings. Failure to comply with requirements within an extended time limit shall be deemed failure to comply with the applicable time limit as extended. (Ord. 89-539).

15.44.160 Permits.

The building owner or his/her agent shall obtain the required permit(s) prior to commencement of work in accordance with the requirements established elsewhere in the code, whether the building is to be demolished or altered for compliance. (Ord. 89-539).

15.44.170 Administration responsibility.

The building division shall be responsible for the administration of this chapter. Other city departments shall cooperate within the extent of their jurisdiction. (Ord. 89-539).

15.44.180 Issuance of notice and order.

The building division shall issue a notice and order to the owner of each building within the scope of this chapter within 90 days of the adoption of the ordinance codified in this chapter. The notice and order shall be served either personally or by certified or registered mail upon the owner as shown in the records of the Humboldt County tax assessor on the date of the adoption of the ordinance codified in this chapter. Proof of normal attempts to deliver such mail, successful or not, shall be deemed to meet this service requirement. (Ord. 89-539).

15.44.190 Contents of order.

The notice or order shall be in writing and shall specify that the subject building has been determined by the building division to be within the scope of this chapter, and therefore is required to comply with the requirements of this chapter. The notice or order shall specify (a) the seismic hazard classification of the building, (b) the owner’s alternatives, (c) the time limits for compliance, and (d) the financial hardship appeals procedures. (Ord. 89-539).

15.44.200 Relief from order.

The owner or his/her agent may obtain relief from the notice and order by submitting to the building division proof that the building is not within the scope of this chapter. The building division shall verify such proof based on the use of the building. Where such proof is concerned with the physical structure of the building, the investigative method shall be described in detail, and such proof shall be certified by a civil or structural engineer or architect licensed by the state of California, shall be contained on the certifier’s company letterhead and shall contain the registry stamp and signature of the certifier. The building division shall review such submittals, and may require additional information to substantiate the relief or exemption. Interpretations may be appealed in accordance with Chapter 2 of the Uniform Building Code. (Ord. 89-539).

15.44.210 Recordation.

At the time that the notice and order is served, the building division shall file with the office of the Humboldt County recorder a certificate stating that the subject building is within the scope of this chapter, and that the owner thereof has been ordered to have the building structurally analyzed and altered to comply with this chapter or demolish the building.

If the building is found not to be within the scope of this chapter, or as a result of structural analysis and alteration is found to comply with this chapter, or is demolished, the building division shall, within 30 days of this determination, file with the office of the Humboldt County recorder a certificate terminating the status of the subject building or property as being classified within the scope of this chapter. (Ord. 89-539).

15.44.220 Adoption of code.

As published by the International Conference of Building Officials, The Uniform Code for Building Conservation, Latest Edition as adopted, including the appendix and guidelines sections, hereinafter called UCBC is adopted for use with this chapter, as amended:

Amendment 1: References within the UCBC to the building code and other codes shall mean the Uniform Building Code and other model codes as adopted in FMC Title 15.

Amendment 2: UCBC Chapter 5 is deleted. Changes in occupancy or use in buildings within the scope of this chapter shall conform to the requirements established elsewhere in this chapter.

Amendment 3: UCBC Chapter 6 is deleted. Qualified historical buildings within the scope of this chapter may comply with the State Historical Building Code (SHBC) established under Part 3, Title 24 of the California Administrative Code. If this option is chosen, the owner shall provide written notice to the building division prior to accompanying submittal of permit application.

Amendment 4: All references to, and requirements for, additions to buildings within the scope of this chapter are deleted. New construction, including additions, other than structural seismic alterations to comply with this chapter, shall comply with FMC Title 15.

Amendment 5: All buildings within the scope of this chapter may, at the option of the owner, comply with FMC Title 15. If this option is chosen, the owner shall provide written notice to the building division prior to or accompanying submittal of permit application. (Ord. 89-539).

15.44.230 Analysis and design.

Every building within the scope of this chapter shall be analyzed and altered to resist seismic forces in accordance with the requirements of this chapter. (Ord. 89-539).

15.44.240 Information required on plans.

A. General. The owner shall cause to be submitted to the building division the necessary number of complete sets for plans and supporting documentation for the work proposed in accordance with requirements of this chapter. In addition to the required seismic structural analysis, the licensed engineer or architect responsible for the seismic analysis of the building shall determine and record on the submitted plans the information required by this chapter, and shall include his/her state registry seal (engineers) or number (architects) and signature in accordance with the Business and Professions Code.

B. Existing Construction. The following information shall be included on or with the submitted plans, for all structural elements related to the seismic retrofit:

1. An overall description of the subject structure, listing and describing specific conditions which constitute or contribute to structural hazards, problems, questions, etc., and in each case, details of the necessary repairs and alterations;

2. The type(s), description, dimensions and condition of the existing foundation of the building, and necessary repairs and alterations;

3. The type(s), description and dimensions of existing walls, and necessary repairs and alterations;

4. The size(s), spacing(s) and span(s) of floor and roof members, and necessary repairs and alterations;

5. The extent, type and condition of existing wall anchorage to floors and roof, and necessary repairs and alterations;

6. The extent, type and condition of parapet walls and their connection to walls and roof, and necessary repairs and alterations;

7. Complete, accurately dimensioned floor plans showing the use of all affected rooms and spaces;

8. Masonry wall elevations with dimensioned openings, corbels, piers, wall thickness(es) and height(s);

9. Extent, type, size condition and adequacy of headers, lintels, etc., over openings in masonry bearing walls, and necessary repairs and alterations;

10. The location and extent of cracks or damaged portions of masonry walls, parapets, etc., and necessary repairs and alterations;

11. The condition of mortar joints throughout, whether pointing is required, and the extent of this need;

12. Where use of existing materials is proposed in the structural design, and established design values acceptable to the building division do not exist, in-place testing of such materials shall be performed by an approved special inspector in accordance with UBC Section 306. The methodology and results of such tests shall be submitted as part of a special inspection report with the permit application. The building division shall approve in advance the number and location of such tests. (Ord. 89-539).