Chapter 15.10
UNREINFORCED MASONRY BUILDINGS
Sections:
15.10.030 Compliance required.
15.10.050 Identification of URM buildings.
15.10.060 Notification to comply.
15.10.070 Recordation of statement regarding applicability of ordinance.
15.10.080 Engineering report required.
15.10.090 Fee upon submittal of engineering report.
15.10.100 Review and approval of engineering report.
15.10.110 Applications for permits and completion of work.
15.10.120 Immunity from liability.
15.10.130 Fines and penalties.
15.10.010 Purpose.
The city is situated in a seismically active region. The existence and occupancy of potentially hazardous buildings constitute a severe threat to the public safety in the event of an earthquake of moderate to high magnitude.
The State Legislature has directed all jurisdictions within Seismic Zone 4, including the city, to identify potentially hazardous buildings and establish a mitigation program regarding those buildings. (See Government Code Sections 8875 through 8875.5.] Primary emphasis is placed on certain buildings of unreinforced masonry wall construction, because those buildings are particularly susceptible to serious damage accompanied by loss of life during earthquakes.
This chapter identifies potentially hazardous buildings within the city and establishes a program to mitigate hazards. [Ord. 992 § 1, 1990.]
15.10.020 Definitions.
A. “Civil engineer” or “structural engineer” means a licensed civil or structural engineer registered by the state of California under California Code of Regulations Title 16, Chapter 5.
B. “Engineering report” means a report by a civil engineer or structural engineer prepared to the technical standards described in Appendix “A,” attached to the ordinance codified in this chapter, in the format described in Appendix “B” attached to the ordinance codified in this chapter.
C. “Essential building” means any URM building (as hereafter defined) housing: a hospital or other medical facility having surgery or emergency treatment areas; fire or police stations; or municipal government disaster operation and communication centers.
D. “High risk building” means any URM building not classified as an essential building, with an occupant load of 100 persons or more.
E. “Low risk building” means any URM building not classified as an essential building, with an occupant load of less than 20 persons.
F. “Medium risk building” means any URM building not classified as an essential building, with an occupant load of 20 to 99 persons.
G. “Uniform Building Code” or “UBC” means the 1988 code published by the International Conference of Building Officials, Whittier, California, or later edition, as adopted by the city.
H. “Unreinforced masonry building” or “URM building” means any building containing walls or columns or both constructed wholly or partially of masonry without at least 50 percent of the reinforcement required by the UBC, including without limitation structures built of: unreinforced brick masonry; unreinforced concrete masonry; hollow clay tile; adobe or unburned clay masonry; or stone masonry.
I. Other building terms and related terms of art used in this chapter have the meaning stated in the UBC unless otherwise required by the context. [Ord. 992 § 1, 1990.]
15.10.030 Compliance required.
All owners of nonexempt URM buildings within the city shall comply with the provisions of this chapter. [Ord. 992 § 1, 1990.]
15.10.040 Exemption.
The following URM buildings are exempt from this chapter:
A. Residential buildings with five or fewer units;
B. Warehouses or similar structures not used for human habitation, except for a warehouse or structure housing emergency services equipment or supplies;
C. Buildings which have already been structurally upgraded in substantial conformance with the standards contained in the UBC;
D. Buildings which qualify as historical property as determined by an appropriate governmental agency under California Health and Safety Code Section 37602.
The owner of a URM building has the burden of proof for establishing to the building official’s satisfaction that an exemption applies. [Ord. 992 § 1, 1990.]
15.10.050 Identification of URM buildings.
The building official has identified 17 URM buildings in the city. The address of each high risk URM building is listed in Appendix “C” attached to the ordinance codified in this chapter. The address of each medium risk URM building is listed in Appendix “D” attached to the ordinance codified in this chapter. No low risk URM buildings were identified. The city council finds that each URM building has been properly identified and classified as to risk category. The building official is authorized to identify additional URM buildings which shall be subject to the provisions of this chapter. [Ord. 992 § 1, 1990.]
15.10.060 Notification to comply.
Within six months after the effective date of the ordinance codified in this chapter the building official shall notify each owner of a URM building of the adoption of this chapter. Notice shall be sent by certified mail to the owner as shown on the most recent records of the county tax assessor or as known to the building official. Notice shall include a copy of this chapter, including its appendices, and shall state that the building is considered to be one of a general type of structure that historically has exhibited little resistance to earthquake motion. The notice shall state that the owner is required to obtain and submit an engineering report to the building official. [Ord. 992 § 1, 1990.]
15.10.070 Recordation of statement regarding applicability of ordinance.
After mailing notification to comply to an owner of a URM building, the building official shall record with the county recorder’s office a statement as to the property that the building is subject to this chapter, and that the property owner has been so notified. If the building is later determined to be exempt from this chapter, or potential hazards are mitigated to the building official’s satisfaction in accordance with an approved engineering report, the building official shall record a statement as to the property confirming that the building is in compliance with this chapter. [Ord. 992 § 1, 1990.]
15.10.080 Engineering report required.
Within 12 months after the date the building official mails notification to comply with this chapter to a property owner, the property owner shall submit an engineering report to the building official for his review and approval. The report shall:
A. Be prepared at the owner’s expense by a civil or structural engineer familiar with seismic analysis and design;
B. Describe in a thorough and unambiguous manner the building’s structural systems that resist earthquake forces, and evaluate the adequacy of those systems to resist the seismic design forces specified in this chapter;
C. Be prepared in accordance with engineering standards contained in the UBC as modified by and further clarified in Appendix “A” attached to the ordinance codified in this chapter;
D. Specify steps necessary to: (1) structurally tie floors and the roof to walls with mechanical fasteners; (2) remedy each condition which in the opinion of the engineer preparing the report constitutes an imminent earthquake hazard; and (3) remedy each condition to the extent reasonably practicable which constitutes a potential earthquake hazard in the engineer’s opinion. [Ord. 992 § 1, 1990.]
15.10.090 Fee upon submittal of engineering report.
Each owner who submits an engineering report shall pay a fee to the building department. The fee shall be in an amount set by the city council by resolution, not to exceed that sum adequate to pay the city’s costs of conducting its inventory of URM buildings and implementing this chapter. The building official may retain a structural engineer to assist him in reviewing engineering reports, and may require the owner to pay a deposit upon submittal sufficient to cover this cost. [Ord. 992 § 1, 1990.]
15.10.100 Review and approval of engineering report.
The building official shall review the engineering report and determine whether it complies with this chapter. The building official may reject the report and require corrections or additions to it to ensure compliance. He may also require the submission of detailed construction plans to assist his review. Once the building official has approved the report, he shall give written notice of that fact to the owner of the property by certified mail. [Ord. 992 § 1, 1990.]
15.10.110 Applications for permits and completion of work.
Each owner of a URM building is encouraged to apply for a permit and complete work specified in the engineering report in order to mitigate potential earthquake hazards. Compliance with this section is voluntary on the part of the owner. Nothing in this section shall be construed to minimize the building official’s authority under the UBC or other applicable law regarding the abatement of dangerous buildings or immediate hazards. [Ord. 992 § 1, 1990.]
15.10.120 Immunity from liability.
The city and its officers, employees and agents have the same immunity from liability for action or inaction taken under this chapter as is provided by California Health and Safety Code Section 19167, or any successor statute, for action or failure to take any action under Division 13, Part 3, Chapter 2, Article 4 (commencing with Section 19160) of the California Health and Safety Code. [Ord. 992 § 1, 1990.]
15.10.130 Fines and penalties.
A person who fails to comply with a provision of this chapter is guilty of a misdemeanor punishable by a fine of not less than $1,000, or by imprisonment in the county jail for not more than 30 days, or by both, for each separate offense. Each day a violation of this chapter continues is a separate offense. [Ord. 992 § 1, 1990.]