Beverly Hills Municipal Code Art. 3 Disaster Repair and Reconstruction

This article establishes standards and regulations for the expeditious repair and reconstruction of structures damaged as a result of a disaster for which a local emergency has been declared by the city council. This article does not amend or allow exemptions from the city's technical codes, including the city's building, fire, electrical, mechanical, plumbing, or other codes. This article does not amend or affect the requirements set forth in title 10 of this code regarding compliance with zoning standards. (Ord. 94-O-2196, eff. 4-1-1994; amd. Ord. 99-O-2330, eff. 8-6-1999)

A. The provisions of this article are applicable following each disaster for which a local emergency has been declared by the city council. In such event, the provisions of this article are applicable to all buildings and structures of all occupancies regulated by the city of Beverly Hills.

B. If approved by the director of building and safety, the requirements of this article may be waived in favor of repair recommendations included in an "engineering evaluation" as defined in section 9-6-303 of this article. (Ord. 94-O-2196, eff. 4-1-1994; amd. Ord. 99-O-2330, eff. 8-6-1999)

Unless the context otherwise requires, the following definitions shall govern the construction of this article:

ARCHITECT: An individual licensed by the state of California to practice architecture as defined in the California Business and Professions Code.

CIVIL ENGINEER: An individual registered by the state of California to practice civil engineering as defined in the California Business and Professions Code.

CURRENT CODE: The city of Beverly Hills Building Code, as set forth in chapter 1, article 2 of this title, that is in effect at the time an application for a building permit to repair damage caused by a disaster.

ENGINEERING EVALUATION: An evaluation of a damaged building or structure, or suspected damaged building or structure, performed under the direction of a structural engineer, civil engineer or architect retained by the owner of a building or structure. An engineering evaluation shall, at the minimum, contain recommendations for repair with an appropriate opinion of construction cost for repair.

REPLACEMENT VALUE: The cost, as determined by the director of building and safety, of replacing the damaged structure with a new structure of the same size, construction material and occupancy on the same site. Replacement value shall be calculated by using the city of Beverly Hills building and safety department building valuation guide sheet.

STRUCTURAL ENGINEER: An individual registered by the state of California to practice civil engineering and to use the title "structural engineer" as authorized in the California Business and Professions Code.

VALUE OF REPAIR: The cost, as determined by the director of building and safety, of making necessary repairs to a damaged structure. (Ord. 94-O-2196, eff. 4-1-1994; amd. Ord. 99-O-2330, eff. 8-6-1999)

Except as otherwise specifically provided in this article, buildings and structures of all occupancies which have been damaged as a result of a disaster for which a local emergency has been declared, shall be repaired in accordance with the following criteria:

A. Except as provided in subsection B of this section, if the estimated value of repair is less than fifty percent (50%) of the replacement value of the building or structure, then the damaged elements, as well as all critical ties, elements that support the damaged elements and elements that are supported by the damaged elements, shall be repaired and/or brought into conformance with the structural requirements of the current code.

B. Notwithstanding the provisions of subsection A of this section, if the estimated value of repair does not exceed ten percent (10%) of the replacement value of the building or structure, then the damaged elements may be repaired to their predisaster condition if the director of building and safety determines, after review of an engineering evaluation, that repair to their predisaster condition will not create an unreasonable risk of injury to occupants of the building or structure, adjacent properties, pedestrians or other members of the public.

However, when the damaged elements include suspended ceiling systems, the ceiling systems shall be repaired and all bracing required by the current code shall be installed.

C. If the estimated value of repair equals or exceeds fifty percent (50%) of the replacement value of the building or structure, then the entire building or structure shall be brought into conformance with the structural requirements of the current code.

D. In group R, division 3 occupancies, as designated in the current code, the value of repair of damaged chimneys shall be excluded from the computation of the value of repair for the purpose of determining percentage of replacement value. Damaged chimneys shall be repaired in accordance with section 9-6-305 of this article. (Ord. 94-O-2196, eff. 4-1-1994; amd. Ord. 99-O-2330, eff. 8-6-1999)

A. All damaged chimneys must be repaired or reconstructed to comply with the requirements of the current code. Damaged portions of chimneys shall be removed in accordance with the following criteria:

1. If the damaged portion of the chimney is located between the roof line and the top of the chimney, then the damaged portion shall be removed to the roof line provided that the roof and ceiling anchorage are in sound condition. The reconstructed portion of the chimney shall be braced to the roof structure.

2. For a single-story structure in which the damaged portion of the chimney is below the roof line or the damaged portion extends from above the roof line to below the roof line, the chimney shall be removed to the top of the fireplace.

3. For a multi-story structure, the damaged portion of the chimney shall be removed from the top to a floor line where sound anchorage is found.

4. In any structure where the firebox has been damaged, the entire chimney and firebox shall be removed to the foundation. If the foundation of the chimney is in sound condition and is property connected to the foundation of the building, the firebox and chimney may be reconstructed using the existing foundation. If the foundation of the chimney has been damaged or found not to be properly connected to the foundation o the building, then the foundation of the chimney shall be removed and replaced.

B. If existing conditions preclude the installation of all anchorage required by the current code, then alternate systems may be used in accordance with the alternate methods and materials provisions of the current code. Such alternate systems shall be designed and detailed by a structural engineer, civil engineer or architect.

C. That portion of any chimney that extends above the roof line shall be braced to the roof structure unless the director of building and safety determines that such bracing will not substantially increase the stability of that portion of the chimney. (Ord. 94-O-2196, eff. 4-1-1994; amd. Ord. 99-O-2330, eff. 8-6-1999)

A. Buildings or structures which are included on a national or state register of historic places or which are qualifying structures within a recognized historic district, and which have been damaged as a result of a disaster for which a local emergency has been declared, shall have an engineering evaluation performed.

B. Repair shall be made as provided in section 9-6-304 of this article. However, to the extent that a conflict exists between the standards contained herein and the state of California Historic Building Code, the Historic Building Code shall govern. (Ord. 94-O-2196, eff. 4-1-1994; amd. Ord. 99-O-2330, eff. 8-6-1999)

In addition to any other requirement set forth in this chapter, all damaged buildings or structures that are determined to be bearing wall buildings or structures constructed of unreinforced masonry shall be repaired, strengthened, or rebuilt in accordance with the following criteria:

A. If the estimated value of repair does not exceed ten percent (10%) of the replacement value of the building or structure, then the damaged elements may be repaired to their predisaster condition if the director of building and safety determines, after review of an engineering evaluation, that repair to the predisaster condition does not create an unreasonable risk of injury to occupants of the building or structure, adjacent properties, pedestrians, or other members of the public. However, nothing in this section or chapter shall supersede or waive the requirements set forth in chapter 5 of this title.

B. If the estimated value of repair equals or exceeds ten percent (10%), but does not exceed fifty percent (50%) of the replacement value of the building or structure, then the entire building shall be repaired and strengthened to fully comply with the requirements of chapter 5 of this title.

C. If the estimated value of repair exceeds fifty percent (50%) of the replacement value of the building or structure, then the entire building or structure shall be brought into conformance with the structural requirements of chapter 1 of this title. (Ord. 94-O-2196, eff. 4-1-1994; amd. Ord. 99-O-2330, eff. 8-6-1999)

All repair and reconstruction required by this article shall be completed within one year after the date of the disaster for which a local emergency was declared by the city council. Provided however, that if the city prohibits occupancy of an entire building or structure following the disaster, then the repair or reconstruction required by this article need not be completed until one year after the date that partial or full occupancy of the building is again permitted.

Nothing in this section or this chapter shall limit the authority of the director of building and safety to prohibit occupancy of a building or structure, abate a nuisance, or require repair of a building or structure to be completed more quickly than provided in this section, if the director determines that: a) failure to repair presents an immediate threat to the safety of occupants of the building or structure, adjacent property, or the public safety, or b) partial or temporary repairs which do not fully comply with the provisions of this article inadequately protect the safety of the occupants of the building or structure, adjacent properties, or the public health or safety. (Ord. 94-O-2196, eff. 4-1-1994; amd. Ord. 99-O-2330, eff. 8-6-1999)