Chapter 12.46
SEISMIC HAZARD IDENTIFICATION PROGRAM FOR UNREINFORCED MASONRY BUILDINGS
Sections:
12.46.040 Building owner notification.
12.46.060 Engineering reports.
12.46.090 Historic properties.
12.46.100 City’s review of engineering reports and letters of intent.
12.46.110 Building tenant notification.
12.46.120 Progress reports to city council.
12.46.010 Purpose.
It is generally acknowledged that the city is located in a geographic area of high seismic risk, due to its proximity to both the San Andreas and Hayward faults, and may reasonably be expected to experience moderate to severe ground shaking in the event of a significant local earthquake. Such ground shaking could result in serious injury or loss of life due to damage or collapse of buildings. Historically, unreinforced masonry buildings have been shown to be especially vulnerable. The purpose of this chapter is to promote public safety by identifying those buildings in the city which exhibit structural deficiencies in their capacities for earthquake resistance, and by determining the severity and extent of those deficiencies in relation to their potential for causing injury or loss of life. (Ord. 812 § 1 (part), 1990)
12.46.020 Definitions.
For purposes of this chapter the following definitions apply:
(1) "Civil engineer or structural engineer" means a licensed civil or structural engineer registered by the state pursuant to the rules and regulations of Title 16, Chapter 5 of the California Administrative Code.
(2) "Uniform Building Code (UBC)" is as published by the International Conference of Building Officials, Whittier, California, as adopted by the city.
(3) "Unreinforced masonry (URM) building" means any building containing walls and/or columns constructed wholly or partially of masonry without at least fifty percent of the reinforcement required by the 1985 edition of the UBC, and includes:
(A) Unreinforced brick masonry
(B) Unreinforced concrete masonry
(C) Hollow clay tile
(D) Adobe or unburned clay masonry
(E) Stone masonry
(4) Other terms are as defined in the 1985 edition of the UBC. (Ord. 812 § 2 (part), 1990)
12.46.030 Scope of program.
(a) Owners of all URM buildings in the city, except as exempted in subsection (b) of this section, shall be required to have an engineering report submitted to the city’s building division, to determine the existence, nature, extent and severity of structural deficiencies in their buildings’ capacities for earthquake resistance which could result in damage or collapse with possible injury or loss of life.
(b) Exempted Buildings. The following buildings are exempted from complying with this chapter.
(1) Residential buildings with five or fewer dwelling units.
(2) Warehouses or similar structures not used for human habitation, except for warehouses or structures housing emergency services equipment or supplies.
(3) Buildings which have already been structurally upgraded in substantial accordance with either the 1973, or later, edition of the UBC. (Ord. 812 § 3 (part), 1990)
12.46.040 Building owner notification.
Owners of buildings included in the scope of this program shall be notified within six months of the enactment of this chapter by the building division of the city that each such building has been included in the city’s list of potentially hazardous URM buildings, and is required to have an engineering report submitted to the city. (Ord. 812 § 4 (part), 1990).
12.46.050 Recording.
At the time of building owner notification, the building official shall file with the office of the county recorder a certificate stating that the subject building falls within the scope of this chapter, has been included in the city’s list of potentially hazardous URM buildings, and is required to comply with the provisions contained herein. At such later time as each such identified building has either been determined as excludable from the city’s list by further investigation, or has undergone mitigation of its hazards to the satisfaction of the building official, the building official shall then file with the office of the county recorder a certificate stating that the building has been removed from the potentially hazardous classification. (Ord. 812 § 5 (part), 1990)
12.46.060 Engineering reports.
Owners of identified buildings shall submit engineering reports to the building division of the city as follows:
(1) Timeframe. Engineering reports shall be submitted within eighteen months of building owner notification.
(2) Authorized Preparers. Engineering reports shall be prepared by civil or structural engineers, as previously defined herein, who are familiar with seismic analysis and design.
(3) Purpose. The purpose of each such engineering report shall be to investigate, in a thorough and unambiguous fashion, a building’s structural systems that resist earthquake forces, and to evaluate their adequacy to resist the seismic design forces as specified herein.
(4) Engineering Standards. The engineering standards to be used in the preparation of engineering reports shall be the 1985 edition of the UBC as modified in writing by the building official.
(5) Format. The format for engineering reports shall be as approved in writing by the building official.
(6) Availability. Copies of engineering reports submitted shall be available to the public for review at the building division upon request. (Ord. 812 § 6 (part), 1990)
12.46.070 Letters of intent.
A letter of intent shall be submitted within ninety days of submittal of each engineering report, and shall describe in general fashion how the building owner intends to approach hazard reduction of his or her building. (Ord. 812 § 7 (part), 1990)
12.46.080 Mitigation options.
Options available to the building owner for approaching hazard reduction include, but are not limited to, the following:
(1) Structural rehabilitation of the building to meet or exceed the seismic provisions of the engineering standards referenced herein.
(2) Change in use of the building to a residential or warehouse occupancy exempted from compliance with this chapter, as previously described herein, as may be allowed by other city ordinances.
(3) Sale of the building to a new owner, who shall then bear the responsibility of hazard reduction.
(4) Vacating the building pending further investigation of possible alternatives.
(5) Demolition of the building, or portions thereof, to eliminate the potentially hazardous conditions. (Ord. 812 § 8 (part), 1990)
12.46.090 Historic properties.
Any building which qualifies as "historical property" as determined by an appropriate governmental agency under Section 37602 of the Health and Safety Code shall be retrofitted in accordance with the State Historical Building Code. (Ord. 812 § 9 (part), 1990)
12.46.100 City’s review of engineering reports and letters of intent.
The building division shall review the documents submitted for each identified building for conformance to this chapter. The building division may, at its option, engage the services of consulting civil or structural engineers to assist in evaluation of documents submitted. Costs of each such review shall be recovered by fees assessed upon the building owner at the time of submittal of documents, based upon the time required for review of such documents. These fees shall be deducted from plan check fees for any structural rehabilitation plans subsequently submitted for building permit purposes for work directly related to compliance with this chapter. (Ord. 812 § 10, (part), 1990)
12.46.110 Building tenant notification.
Owners of each identified building shall provide each of their tenants with written notification that a seismic investigation of their building has taken place, and that the engineering report documenting the investigation is available for review at the building division. Such notification shall occur within ninety days of submittal of each engineering report. Each building owner shall also submit to the building division written confirmation of tenant notification, in the form of a signed affidavit or other equivalent means as approved by the building official. (Ord. 812 § 11 (part), 1990).
12.46.120 Progress reports to City Council.
The building division shall prepare annual progress reports to City Council on the implementation of this chapter and its effects on voluntary hazard reduction by building owners. (Ord. 812 § 12 (part), 1990).
12.46.130 Interpretations.
The interpretations of the building official shall prevail on matters relating to the implementation of this chapter. (Ord. 812 § 13 (part), 1990).
12.46.140 Penalties.
Nonconformance with this chapter is unlawful. Violation constitutes an infraction and is subject to civil prosecution under the laws and ordinances of the city. (Ord. 812 § 14 (part), 1990).