Brisbane Municipal Code Ch. 15.60 Seismic Hazard Identification Program for Unreinforced Masonry Buildings

It is generally acknowledged that the city of Brisbane 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. 354 § 1(part), 1990).

For purposes of this chapter the following definitions apply:

A. "Civil engineer or structural engineer" means a licensed civil or structural engineer registered by the state of California pursuant to the rules and regulations of Title 16, Chapter 5 of the California Administrative Code.

B. "Uniform Building Code (UBC)" is as published by the International Conference of Building Officials, Whittier, California, as adopted by the city of Brisbane.

C. "Unreinforced masonry (URM) building" means any building containing walls and/or columns constructed wholly or partially of masonry without at least fifty (50) percent of the reinforcement required by the 1985 edition of the UBC, and includes:

1. Unreinforced brick masonry;

2. Unreinforced concrete masonry;

3. Hollow clay tile;

4. Adobe or unburned clay masonry;

5. Stone masonry.

D. "Risk categories" are defined as follows:

1. "Essential building": any building housing a hospital or other medical facility having surgery or emergency treatment areas; fire or police stations; municipal government disaster operation and communication centers.

2. "High risk building": any building not classified as an essential building, having an occupant load of one hundred (100) persons or more.

3. "Medium risk building": any building not classified as an essential building, having an occupant load of between twenty (20) and ninety-nine (99) persons.

4. "Low risk building": any building not classified as an essential building, having an occupant load of less than twenty (20) persons.

E. Other terms are as defined in the 1985 edition of the UBC.

(Ord. 354 § 1(part), 1990).

Owners of all URM buildings in the city, except as exempted below, shall be required to have an engineering report submitted to the city's department of planning and building, 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.

(a) Exempted Buildings. The following buildings are exempted from complying with this chapter:

1. Residential buildings with five (5) or fewer dwelling units.

2. Buildings which have already been structurally upgraded in substantial accordance with either the 1973, or later, edition of the UBC or the City of Los Angeles Division 88 Standard for URM Buildings.

(Ord. 354 § 1(part), 1990).

Owners of buildings included in the scope of this program shall be notified within three (3) months of the enactment of the ordinance codified in this chapter by the department of planning and building 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. 354 § 1(part), 1990).

At the time of building owner notification, the planning director 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 planning director, the planning director 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. 354 § 1(part), 1990).

Owners of identified buildings shall submit engineering reports to the department of planning and building of the city as follows:

A. Timeframe. Engineering reports shall be submitted within twelve (12) months of building owner notification.

B. Authorized Preparers. Engineering reports shall be prepared by civil or structural engineers, as previously defined herein, who are familiar with seismic analysis and design.

C. 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.

D. Engineering Standards. The engineering standards to be used in preparation of engineering reports shall be the 1985 edition of the UBC and the City of Los Angeles Division 88 Standard for URM Buildings, as modified by Appendix A of the ordinance codified in this chapter, on file in the office of the city clerk.

E. Format. The format for engineering reports shall be as outlined in Appendix B of said ordinance, or other equivalent format approved in writing by the planning director.

(Ord. 354 § 1(part), 1990).

A letter of intent shall be submitted within ninety (90) 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. Options available to the building owner for approaching hazard reduction include, but are not limited to, the following:

A. Structural rehabilitation of the building to meet or exceed the seismic provisions of the engineering standards referenced herein;

B. Change in use of the building to a residential occupancy exempted from compliance with this chapter, as previously described herein, as may be allowed by other city ordinances;

C. Sale of the building to a new owner, who shall then bear the responsibility of hazard reduction;

D. Vacating the building pending further investigation of possible alternatives;

E. Demolition of the building, or portions thereof, to eliminate the potentially hazardous conditions;

F. If the owner proposes to retrofit a building which qualifies as "historical property" as determined by an appropriate governmental agency under Section 37602 of the Health and Safety Code, the building shall be retrofitted in accordance with the State Historical Building Code.

(Ord. 354 § 1(part), 1990).

The department of planning and building shall review the documents submitted for each identified building for conformance to this chapter. The department of planning and building 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. This fee amount shall be deducted from the plan check fee subsequently collected for any structural rehabilitation plans subsequently submitted for building permit purposes for work directly related to compliance with this chapter. Copies of engineering reports submitted shall be available to the public for review at the department of planning and building upon request.

(Ord. 354 § 1(part), 1990).

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 department of planning and building. Such notification shall occur within thirty (30) days of submittal of each engineering report. Each building owner shall also submit to the department of planning and building written confirmation of tenant notifications in the form of a signed affidavit or other equivalent means approved by the department of planning and building.

(Ord. 354 § 1(part), 1990).

The violation of any of the provisions of this chapter shall constitute a misdemeanor, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code.

(Ord. 354 § 1(part), 1990).

(Ord. No. 554, § 56, 1-18-11)

The department of planning and building shall prepare annual progress reports to the city council on the implementation of this chapter.

(Ord. 354 § 1(part), 1990).

The interpretation of the planning director shall prevail on matters relating to the implementation of this chapter.

(Ord. 354 § 1(part), 1990).