Chapter 15.20
BUILDING EARTHQUAKE SAFETY
Sections:
15.20.030 Uniform Building Code references.
15.20.060 Identification of URM buildings.
15.20.070 Preliminary investigation by engineer.
15.20.080 Investigation and engineering report.
15.20.090 Exceptions and alternatives.
15.20.100 Review of reports--Recordation of notice--Fees--Copies.
15.20.110 Responsibilities of owner.
15.20.120 Program status report to the city council.
15.20.010 Purpose.
The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on buildings constructed prior to the adoption of local building codes requiring earthquake-resistant design and construction, which have unreinforced masonry bearing walls and other characteristics specified in Section 19161 of the Health and Safety Code which make them potentially hazardous to life in the event of an earthquake. It establishes a program for the identification of all such buildings in the city, for the determination of the severity and extent of such hazards in relation to their potential for causing death or injury in the event of an earthquake, and for the carrying out of measures to mitigate such hazards. (Ord. 344 §1(part), 1989).
15.20.020 Authority.
This chapter is enacted pursuant to the authority contained in Chapter 12.2, Division 1, of the Government Code (commencing with Section 8875) and Article 4, Chapter 2, Part 3, Division 13, of the Health and Safety Code (commencing with Section 19160.) (Ord. 344 §1(part), 1989).
15.20.030 Uniform Building Code references.
References in this chapter to the Uniform Building Code (UBC) are to the latest edition of said code adopted by reference in Chapter 15.04 of this title, except where a different edition of the UBC is specifically made applicable. (Ord. 344 §1(part), 1989).
15.20.040 Scope.
The provisions of this chapter shall apply to all buildings constructed or under construction prior to March 25, 1947, or for which a building permit was issued prior to that date, which on the effective date of the ordinance codified in this chapter have unreinforced masonry bearing walls; external hazards, and other characteristics specified in Section 19161 of the Health and Safety Code which make them potentially hazardous to life in the event of an earthquake, except for the following:
A. Detached one or two family dwellings and detached apartment houses containing less than five dwelling units and used solely for residential purposes;
B. Warehouses or similar structures not used for human habitation, except for warehouses or structures housing emergency services equipment or supplies;
C. Any building which qualifies as "historical property" as determined by an appropriate governmental agency under Section 37602 of the Health and Safety Code. (Ord. 344 §1(part), 1989).
15.20.050 Definitions.
For purposes of this chapter, the following definitions shall apply:
"External hazard" means an object attached to or forming the external facade of a building which may fall onto pedestrians or occupants of adjacent buildings, including but not limited to the following: (a) parapets; (b) architectural ornamentation, including cornices and other decorative appendages; (c) nonstructural exterior wall panels, such as masonry infill or decorative precast concrete; masonry or stone wall veneer not securely anchored to the wall; masonry chimneys; tile roofing; marquees, awnings and other similar projections; wall signs and exterior lighting fixtures hung from a building exterior; fire escapes and balconies.
"Occupants" means the total occupant load of a building as determined by the provisions of Section 3302(a) of the Uniform Building Code, 1985 Edition, or the actual number of occupants of a building as established by the building official of the city.
"Unreinforced masonry building (URM) " means any building containing walls constructed wholly or partially with any of the following materials: (a) unreinforced brick masonry; (b) unreinforced concrete masonry; (c) hollow clay tile; (d) adobe or unburned clay masonry.
"Unreinforced masonry bearing wall" means a masonry wall having all of the following characteristics: (a) provides the vertical support for a wall or roof; (b) the total superimposed load is over one hundred pounds per linear footi and (c) the area of reinforcing steel is less than fifty percent of that required by Section 2704(h)4 of the Uniform Building Code, 1985 Edition (or any subsequent revision of that section contained in a later edition of the UBC adopted by reference in Chapter 15.04 of this code).
"UBC definitions" as set forth in the latest edition of the Uniform Building Code adopted by reference in Chapter 15.04 of this title, shall be used when applicable. (Ord. 344 §1( part), 1989).
15.20.060 Identification of URM buildings.
The building official shall conduct a field survey of buildings within the city for the purpose of identifying those buildings within the scope of this chapter that are potentially hazardous to life in the event of an earthquake. (Ord. 344 §1(part), 1989).
15.20.070 Preliminary investigation by engineer:
Where the building official is unable to determine whether or not a building is of URM construction, the building official shall serve upon the owner of the building a written notice and order requiring the owner to employ an engineer, licensed to practice in the state of California, to conduct a preliminary investigation of the building for the purpose of determining whether or not the building is, in fact, of URM construction. The notice and order may be served personally or by mail, addressed to the owner at the address shown upon the latest equalized assessment roll. Within six months after the date of service of said notice and order the owner shall file with the building official the written report of the engineer stating his findings as to whether or not the building is of URM construction. (Ord. 344 §1(part), 1989).
15.20.080 Investigation and engineering report:
Where a building has been identified by the building official, or by the engineer conducting a preliminary investigation pursuant to Section 15.20.070 of this chapter, as being of URM construction or otherwise potentially hazardous to life in the event of an earthquake, the building official shall serve upon the owner of the building a written notice and order requiring the owner to employ an engineer, licensed to practice in the state of California, to make a full and comprehensive investigation and engineering report as to the condition of the building which will serve as a sound basis for a conclusion as to whether or not the building is potentially hazardous to life in the event of an earthquake. The investigation and engineering report shall contain the following:
A. General Information. A description of the building including:
1. The street address; also, a legal description and assessor’s parcel number for the property on which the building is located;
2. The type of occupancy within the building., with separate uses that generate different occupant loads indicated on a plan showing the square footage of each different use;
3. Plans and elevations showing the location, type, and extent of lateral force resisting elements in the building (both horizontal and vertical elements);
4. A description of the construction materials used in the structural elements and information regarding their present condition;
5. The name and address of the original designer and contractor, if known, and the name and address of the designer and contractor, if known, of any subsequent additions or substantial structural alterations.
B. Investigation and Evaluation of Structural Systems. The standards to be applied in investigating and evaluating the structural systems of unreinforced masonry buildings pursuant to this section shall be those set forth in Sections A103 through A108 of Appendix Chapter 1 to the 1988 Edition of the Uniform Code for Building Conservation, entitled "Earthquake Hazard Reduction in Existing Unreinforced Masonry Buildings," which standards are incorporated herein by reference.
C. Evaluation of Nonstructural Elements. The report also shall evaluate external hazards (as defined in Section 15.20.050 of this chapter) and other nonstructural elements of the building with regard to their potential for causing death or injury in the event of an earthquake.
D. Test Reports. All field and laboratory test results shall be included in the report. Evaluation of the significance of these test results shall be made with regard to each structural system or typical connection being evaluated. This evaluation may be limited to a statement of the adequacy or the inadequacy of the system or connection based on the lateral load demand it would be required to resist by calculation. If tests reveal inadequacy, a conceptual solution must be included in the report.
E. Conclusions. Based on the standards referred to in subsection (B) of this section, a statement shall be provided explaining the overall significance of the deficiencies found to exist in the building’s structural system regarding potential collapse or partial collapse failure.
F. Recommendation. An appropriate solution which could be used to strengthen the building structure to alleviate any collapse or partial collapse threat, external hazards, or other recognized hazardous condition. The notice and order may be served personally or by mail, addressed to the owner at the address shown upon the latest equalized roll. Said investigation and engineering report must be submitted to the building official within one year from the date of service of said notice and order. (Ord. 344 §1(part), 1989).
15.20.090 Exceptions and alternatives:
Exceptions to the specific items required to be included in an engineering report may be granted by the building official, with the concurrence of the city engineer, upon review of a written request from the engineer or architect preparing the report. Such a request shall provide evidence that adequate information concerning the required item or items can be determined by alternate means or that a conclusion can be made without following the solution required by the appropriate appendix. In no case shall an exception be granted which would result in an item not being completely evaluated. The decision of the building official in this regard shall be final. (Ord. 344 §1(part), 1989).
15.20.100 Review of reports--Recordation of notice--Fees--Copies.
A. The city engineer and the building official shall review each investigation and engineering report to determine whether or not it conforms to the requirements of this chapter. If found to conform, they shall forward the report to the city council with their comments and recommendation. At its next regular meeting the city council shall accept the report and order it filed, or shall reject it and require that all deficiencies found to exist therein be corrected within a period of time specified by the city council, but in no event longer than three months.
B. Upon the approval and filing of an investigation and engineering report which identifies a building as being potentially hazardous to life in the event of an earthquake pursuant to the provisions of this chapter, a notice of such filing shall be recorded in the office of the county recorder. The notice shall include a legal description of the property upon which the building is situated, together with the assessor’s parcel number for the same, and shall state that the building has been investigated pursuant to the provisions of this chapter and has been found to be potentially hazardous to life in the event of an earthquake. When and if the building is reconstructed or repaired and found by the city engineer and the building official to be structurally capable of resisting seismic forces so that it no longer is potentially dangerous to life, or upon demolition of the building, a notice cancelling and removing from the record the previous notice identifying the building as being potentially hazardous to life shall be recorded in the office of the county recorder.
C. All costs of review shall be recovered by a fee to be paid by the owner of the building. The amount so paid shall be deducted from the plan check fee payable in connection with any work done to correct structural inadequacies specified in the report.
D. Copies of investigation and engineering reports shall be available to individuals requesting the same for a standard copying fee, or may be reviewed in the office of the building official. (Ord. 344 §1(part), 1989).
15.20.110 Responsibilities of owner:
When the engineer’s report shows that a building has defects which render it potentially hazardous to life in the event of an earthquake, the owner shall:
A. Notify all tenants of the building, in writing, that a structural investigation has been performed and that the report is available at the office of the building official. This notice must be sent within thirty days of the date the completed report is submitted to the building official;
B. The building owner shall submit a letter to the building official within one year of the date that the report was submitted to the building official, stating the owner’s intentions for dealing with the potential earthquake hazards found to exist in the building. (Ord. 344 §1(part), 1989).
15.20.120 Program status report to the city council.
The building official shall submit a semi-annual report to the city council on the status of the seismic hazards identification and mitigation program set forth in this chapter. The reports shall include information regarding the number of buildings investigated and evaluated, the severity of the structural inadequacies discovered, and any actions taken by individual building owners to correct these inadequacies. (Ord. 344 § 1 (part), 1989).
15.20.130 Remedies.
It shall be unlawful for the owner of a building identified as being within the scope of this chapter to fail to submit an engineer’s report within the time period specified in Section 15.20.070 of this chapter, or to fail to submit a letter of intent within the time period specified in Section 15.20.100 of this chapter. For any such failure, the following remedies are available to the city:
A. The city may seek injunctive relief on behalf of the public to enjoin a building owner’s violation of this chapter;
B. A building owner violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Chapter 1.12 of this code. Such owner shall be guilty of a separate offense for each and every day during any portion of which such violation is committed, continued, or permitted by such building owner. The foregoing remedies are not exclusive and the city may pursue such other remedies as may be available to it to require the repair, vacation, or demolition of buildings which from any cause endanger the life, health, safety or welfare of the general public or their occupants, including but not limited to the remedies set forth in the Uniform Building Code, the Uniform Housing Code, and the Uniform Code for the Abatement of Dangerous Buildings adopted by reference in Chapter 15.04 of this code. (Ord. 344 §1(part), 1989).