El Centro Municipal Code Art. XVIII Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall…

Footnotes:

--- (19) ---

Editor's note— Ord. No. 25-09, § 1, adopted Dec. 2, 2025, repealed the former Art. XVIII, §§ 7-111—7-115, and enacted a new Art. XVII as set out herein. The former Art. XVIII pertained to similar subject matter and derived from Ord. No. 18-11, § 1, adopted Dec. 4, 2018.

The purpose of this article is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on existing unreinforced masonry bearing wall buildings.

The provisions of the article are intended as minimum standards for structural seismic resistance and established primarily to reduce the risk of life loss or injury. Compliance with these provisions will not necessarily prevent loss of life or injury or prevent earthquake damage to rehabilitated buildings.

(Ord. No. 25-09, § 1, 12-2-25)

The provisions of this article shall apply to all existing buildings having at least one (1) unreinforced masonry-bearing wall. Except as provided herein, all other provisions of the California Building Code shall apply. Exceptions:

(l) Detached one- or two-family dwellings and detached apartment houses containing less than five (5) dwelling units and used solely for residential purposes.

(2) Unreinforced masonry bearing wall buildings constructed of hollow concrete blocks or hollow clay tiles, provided such buildings do not exceed two (2) stories in height and it can be shown by testing that the tile or block units are of bearing type and the capacity of the wall in bearing and shear based on net area in contact through bed joints is not less than those allowed for solid bricks.

(3) "Essential facilities" and "hazardous facilities" as defined in Table No. 1604.5 of the California Building Code.

(Ord. No. 25-09, § 1, 12-2-25)

For purposes of this article, the following definitions apply in addition to the definitions within the California Building Code, as adopted in article III:

Building, for the purpose of determining occupant load, means any contiguous or interconnected structure, and for the purpose of engineering evaluation means the entire structure or any portion thereof that will respond to seismic forces as a unit.

Building collapse or partial collapse means the condition brought about by inadequate resistance to loading in which the actual structure of a building, including "external hazards", whether entire or localized, gives way internally, or onto lower adjacent buildings (with a minimum height differential of six (6) feet) or onto an adjacent exit or public way.

Building maintenance means the act or process of applying preservation treatments to a building or structure. It includes housekeeping, routine and cyclic work scheduled to mitigate wear and deterioration without altering the appearance of the building or structure, and the repair or replacement in kind of broken or work-out elements, parts or surfaces so as to keep the existing appearance. Building maintenance includes stabilization work necessary to protect damaged historic fabric from additional damage and the actions taken to prevent damage and minimize deterioration of an object by practicing preventive conservation or by performing a suitable treatment on the object itself.

Cumulative value of remodel or renovation means the "value of remodel or renovation" accumulated from January 1, 1994 to the date an event occurs or as otherwise specified in this division. The cumulative value of remodel or renovation shall exclude the value of any nonstructural tenant improvements made or performed subsequent to the date a building owner provides floor-to-wall and roof-to-wall anchors.

Existing use or occupancy means any use or occupancy that was legally established in a building at any time since its original construction.

External hazards means objects attached to or located on the roof structure or forming the exterior facade of a building which have the potential to give way internally or onto lower adjacent buildings (with a minimum height differential of six (6) feet) or onto an adjacent exit or public way. Examples include, but are not limited to, nonstructural exterior wall panels such a masonry infill or decorative precast concrete, parapets, masonry chimneys, tile roofing, fire escapes or balconies, tanks and masonry or stone wall veneers and wall ornamentation.

Historical building means any qualified historical building as defined by the State Historical Building Code under California Health and Safety Code Sections l8950—18560. Historical building includes any structure, collection of structures, historical landscape, artifacts, objects and their associated sites and historic districts deemed of importance to the history, architecture or culture of an area by an appropriate local, state or federal governmental jurisdiction. Historical building also includes, but shall not be limited to, designated contributing buildings listed in a historical district, structures on official federal, state or local historical registers or official inventories, such as the National Register of Historic Places, state historical landmarks, state points of historical interest and officially adopted city or county registers or inventories of historical or architecturally significant sites, places or landmarks. Structures included in inventories submitted to the office of historic preservation shall be treated as historical buildings if they have been evaluated by the office and given any rating other than ineligible.

Remodel and renovation means any work requiring a permit including, but not necessarily limited to, additions, alterations, interior improvements, electrical, mechanical and plumbing upgrading or replacement or structural upgrading or replacement.

Seismic retrofit (complete) means the mitigation of any deficiencies found to exist in the building's lateral force-resisting system which could potentially cause collapse or partial collapse failure.

Unreinforced masonry bearing wall is defined in the California Existing Building Code, a copy of which is on file in the office of the city clerk.

Value of the building means the valuation obtained using the then current building valuation schedule administered by the building official for new construction or an appraisal certified by a member of a recognized appraisal institute, whichever is greater, of the building itself.

Value of remodel or renovation means the valuation of work requiring a permit that is obtained by using the building valuation schedule administered by the building official for tenant improvements, additions or alterations in effect at the time of permit issuance or other evidence satisfactory to the building official of the valuation of work, whichever is less. If unpermitted work for which a permit was required is discovered after January 1, 1994, the valuation of the work is obtained by using the current building valuation schedule administered by the building official for tenant improvements, additions or alterations.

(Ord. No. 25-09, § 1, 12-2-25)

For technical, material and design requirements, refer to sections A104 through A114 of the 2025 edition of the California Existing Building Code, including all tables and figures or successor sections thereto as may be adopted from time to time.

(Ord. No. 25-09, § 1, 12-2-25)

(a) Definitions. For the purpose of this article, the following shall apply:

High-risk building is any building, other than an essential building, having an occupant load of three hundred (300) occupants or more as determined by section 1004 of the California Building Code.

Exception: A high-risk building shall not include the following:

(1) Any building having exterior walls braced with masonry cross walls or wood frame cross walls spaced less than forty (40) feet apart in each story. Cross walls shall be full-story height with a minimum length of one and one-half (1.5) times the story height.

(2) Any building used for its intended purpose, as determined by the building official, for less than twenty (20) hours per week.

Low-risk building is any building, other than an essential or hazardous building, have an occupant load as determined by section 1004 of the California Building Code of less than twenty (20) occupants.

Medium-risk building is any building not classified as a high-risk building or an essential or hazardous building, having an occupant load as determined by section 1004 of the California Building Code of twenty (20) occupants or more.

(b) Rating classifications. The rating classifications identified in Table No. Al-E are hereby established and each building within the scope of this article shall be placed in one (1) such rating classification by the building official. The total occupant load of the entire building as determined by section 1004 of the California Building Code shall be used to determine the rating classification.

Exception: For purposes of this article, portions of buildings constructed to act independently when resisting seismic forces, and having required exits with independent travel paths, may be placed in separate rating classifications.

(c) Compliance requirements. The owner of a building within the scope of this article shall comply with the requirements set forth below by submitting to the building official for review within the stated time limits, such time limit will follow the notification set forth in Table A-1 (g).

(1) Within one (l) year after service of an order provided for in this article, a structural analysis, which is subject to approval by the building official, and which shall demonstrate that the building meets the following requirements.

a. General. Building owners shall employ a structural or civil engineer or architect licensed in the State of California to perform a structural analysis and prepare an engineering report. The purpose of this structural analysis and engineering report is to investigate and evaluate, in a thorough and unambiguous fashion, a building's structural systems which resist the forces imposed by earthquakes and to determine if any individual portion or combination of these systems is adequate to prevent a structural failure (collapse or partial collapse).

b. Level of investigation. Some buildings will require extensive testing and field investigation to uncover potential structural deficiencies, while others will allow the same level of overall evaluation by a less complicated process due to simplicity of design or the availability of original or subsequent alternation design and construction documents. The level of investigation must be sufficient to produce a report that is complete and can serve as a sound basis for a conclusion on the collapse or partial collapse hazard a building may present.

(2) Within two (2) years from service of order, cause the removal, stabilization or bracing of any parapet and other external hazard or exterior wall or roof appendage in accordance with the California Existing Building Code, 2025 edition.

(3) Triggering mechanisms. No further action is required by the owner of a building covered under section 7-115(c) unless one (1) of the following conditions occurs:

a. Remodel or renovation over a certain valuation. The value of remodel or renovation shall not include the value of any existing unpermitted work which is declared by the building owner to the building official no later than one hundred twenty (120) calendar days after January 1, 1994, provided no notice of violation has been issued against the building by the building official and the owner obtains a permit for the work. The owner shall be charged current permit fees, but no penalty will be charged for voluntary disclosure during this period.

1. Value of remodel or renovation over fifty (50) percent. When the cumulative value of remodel or renovation to a building, excluding the cost of seismic retrofit, or the removal, stabilization or bracing of external hazards, exceeds fifty (50) percent of the value of the building within any five-year period subsequent to January 1, 1994, section 7-115(d)(l) shall apply.

2. Value of remodel or renovation over one hundred (100) percent. When the cumulative value of remodel or retrofit to a building, excluding the cost of seismic retrofit or the removal, stabilization or bracing of external hazards, exceeds one hundred (100) percent of the value of the building within any five-year period subsequent to January l, 1994, section 7-115(d)(2) shall apply.

b. Change to a higher rating classification. If more than fifty (50) percent of the total floor area of the building changes from an existing use or occupancy to a higher hazard category use or occupancy as determined by Table No. Al-G.

Exception: If the use or occupancy of all or part of a building is changed to a higher relative hazard as determined by Table No. AI-G, but the occupant load of the building is not increased, then the building's hazard category will be considered to be unchanged. A board of appeals application must be completed and recorded to ensure that subsequent owners adhere to the required base load.

c. Unsafe. If the building is declared structurally unsafe, abatement of the unsafe condition shall be initiated.

(d) Condition of remodel or renovation seismic strengthening or retrofit.

(1) Cumulative value of remodel or renovation exceeding fifty (50) percent. When the cumulative value of remodel or renovation to a building, excluding the cost of seismic retrofit or the removal, stabilization or bracing of external hazards, exceeds fifty (50) percent of the value of the building within any five-year period subsequent to January 1, 1994, the owner shall, within five (5) years after the date of service, provide floor- to-wall and roof-to-wall anchors around the perimeter of the entire building. Existing floor-to-wall and roof-to-wall anchors must meet, or shall be upgraded to meet, the minimum requirements of the California Existing Building Code, 2025 edition or new anchors meeting those requirements shall be installed. If the building is a historical building, the installation shall comply with the California Historical Building Code, 2025 edition. Installation will not be required if the owner establishes to the satisfaction of the building official through a structural survey and engineering report that the existing anchoring system meets those requirements.

(2) Cumulative value of remodel or renovation exceeding one hundred (100) percent. When the cumulative value of remodel or renovation to a building, excluding the cost of seismic retrofit or the removal stabilization or bracing or external hazards, exceeds one hundred (100) percent of the value of the building within any five-year period subsequent to January 1, 1994, the owner shall submit to the building official the following within the stated time limits:

a. A retrofit guideline document within two hundred forty (240) calendar days after the date of service detailing plans for a complete retrofit of the building to be completed according to the technical provisions of this division within a five-year period from the date of permit issuance.

(3) Historical buildings. If the building is an historical building, all items listed in the structural survey and engineering report requiring mitigation shall be thoroughly addressed under the provisions of the California Historical Building Code, 2022 edition.

(4) Time schedule. The time schedule shall specify completion dates for each phase of the seismic retrofit with the final date for completion of all items listed in the structural survey and engineering report to a maximum of five (5) years from the date of permit issuance for the portion of remodeling or renovation whose cost exceeds one hundred (100) percent of the value of the building.

(e) Conditions of change to a higher hazard category requiring seismic retrofit. Upon change in use or occupancy of fifty (50) percent or more of the floor area of the building from an existing use or occupancy to a higher hazard category as determined by section 7-115(a), the following shall apply:

(1) Retrofit guideline document. The owner shall submit a retrofit guideline document within two hundred forty (240) calendar days after the date of service, which shall detail plans for a complete retrofit of the building according to the technical provisions of this division to be completed within a five-year period from the date of change in use or occupancy to the higher hazard category, if the structural analysis and engineering report establishes that the building fails to meet the requirements of this division.

(2) Historical buildings. If the building is an historical building, all items listed in the structural survey and engineering report requiring mitigation shall be thoroughly addressed under the provisions of the State Historical Building Code.

(3) Time schedule. The time schedule shall specify completion dates for each phase of the seismic retrofit, with the final date for completion of all items listed in the structural and engineering report to be a maximum of five (5) years from the date of change in use or occupancy to a higher hazard category.

(f) Existing system. This article does not require alteration of existing electrical, plumbing, mechanical or fire-safety systems.

(g) Administration.

(1) Order. The building official may, in accordance with the priorities set forth in Table No. A1-G, issue an order as provided in this section for each building within the scope of this article. The date of issuance of such order shall be at the discretion of the building official.

(2) Notice. Prior to the service of an order as set forth in Table No. Al-G, a notice may be issued to the owner as shown upon the last equalized assessment roll or to the person in apparent charge or control of a building considered by the building official to be within the scope of this article. The notice may contain information the building official deems appropriate. The notice may be issued by mail or in person.

(3) Priority of service. Priorities for the service of the order for buildings within the scope of this article shall be in accordance with the rating classification as shown on Table No. Al-G. Within each separate rating classification, the priority of the order shall normally be based upon the occupant load of the building. The owners of the buildings housing the largest occupant loads shall be served first. The minimum time period prior to the service of the order as shown on Table No. Al-G shall be measured from the effective date of this article. The building official may, upon receipt of a written request from the owner, order such owner to bring his building into compliance with this article prior to the normal service date for such building set forth in this article.

(4) Service; contents. The order shall be in writing and shall be served either personally or by certified or registered mail return receipt requested upon the owner of record and one (1) copy thereof shall be served upon each of the following if known to the building official or disclosed from public records the holder or any mortgage or deed of trust of other lien or encumbrance of record, the owner or holder of any lease of record and the holder of any other estate or legal interest of record in or to the building or land and upon the person, if any, in apparent charge to control of the building. The order shall specify that the building has been determined by the building official to be within the scope of this article, and, therefore, is required to meet the minimum seismic standards of this article. The order shall specify the rating classification of the building and shall be accompanied by a copy of section 7-115(c), which sets forth the owner's alternatives and time limits for compliance. The failure of any person to receive such notice shall not affect the validity of any proceeding taken under this section.

(5) Appeal from order. The owner of the building, or other interested person, may appeal the building official's initial determination that the building is within the scope of this article to the board of appeals established by section 113 of the California Building Code. Such appeal shall be filed with the board within sixty (60) days from the service date of the order described in section 7-115. Any such appeal shall be decided by the board no later than ninety (90) days after writing and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modifications from any other determinations, orders or actions by the building official pursuant to the article shall be made in accordance with the procedures established in sections 114, 115, and 116 of the California Building Code.

(6) Enforcement. If the owner of the subject building fails to comply with any other issued by the building official pursuant to this article within any of the time limits set forth in section 7-115, the building official shall verify that the record owner of this building has been properly served. If the order has been served on the record owner, then the building official may order that the entire building be vacated and that the building remain vacated until such order has been complied with. If compliance with such order has not been accomplished within ninety (90) days after the date the building has been ordered vacated or such additional time as may have been ordered vacated or such additional time as may have been granted by the board of appeals, the building official may order its demolition in accordance with the provisions of section 116 of the California Building Code.

TABLE A1-E RATING CLASSIFICATIONS

TABLE A1-G EXTENSIONS OF TIME AND SERVICE PRIORITIES

(Ord. No. 25-09, § 1, 12-2-25)