Fremont Municipal Code Art. I General Provisions

This chapter shall be known as “soft-story residential buildings retrofit ordinance.” (Ord. 10-2007 § 3, 5-1-07. 1990 Code § 7-10100.)

This chapter sets forth earthquake hazard reduction standards for existing wood frame multiunit residential buildings with soft-story, weak, or open-front walls, as identified in Section 15.75.040, and establishes voluntary retrofit requirements for existing condominiums and mandatory retrofit requirements for apartments to strengthen the more vulnerable portions of these structures. The purpose of these standards is to promote the public welfare and safety by reducing the risk of death or injury that may result from the effects of earthquakes on these structures. When fully followed, the minimum standards will considerably improve the performance of these buildings but will not necessarily prevent earthquake damage to retrofitted buildings. (Ord. 10-2007 § 4, 5-1-07. 1990 Code § 7-10101.)

(a) The city of Fremont is located within Seismic Zone 4.

(b) The city council desires to lessen the risks to life and property of the residents of the city of Fremont posed by a major earthquake along the Hayward Fault.

(c) Neither the Uniform Building Code nor the California Building Standards Code contain provisions governing the earthquake retrofit of soft-story residential buildings.

(d) In 1999, the city of Fremont adopted this chapter to notify owners of the potential earthquake hazard of soft-story residential apartment buildings, to provide standards for retrofitting soft-story structures, and to establish a goal of 12 months for voluntary compliance with this chapter.

(e) In 2003, the International Code Council published the first edition of the “International Existing Building Code.” Chapter A4 of that code, entitled “Earthquake Hazard Reduction in Existing Wood-Frame Residential Buildings with Soft, Weak, or Open-Front Walls,” was based on this chapter.

(f) In 2005, Cal. Health & Safety Code §§ 19162 and 19163 were amended to expressly authorize the cities to adopt by ordinance mandatory retrofit standards for soft-story residential buildings that comply with a nationally recognized model code relating to the retrofit of existing buildings or substantially equivalent standards.

(g) The current nationally recognized model code for the retrofit of soft-story residential buildings is Appendix Chapter A4 of the International Existing Building Code. The provisions of this chapter, as amended by Ordinance 10-2007, comply with or are substantially equivalent to Appendix Chapter A4 of the IEBC.

(h) The city council has determined to make this chapter’s seismic hazard mitigation standards mandatory for apartment buildings containing soft or open wall lines and require that these buildings be retrofitted to comply with those standards within the timetable set forth herein. (Ord. 10-2007 § 5, 5-1-07. 1990 Code § 7-10102.)

The provisions of this chapter shall apply to wood-frame, multi-unit residential buildings constructed before January 1, 1978, where the ground floor portion of the wood frame structure contains parking or other similar open floor space that causes soft, weak, or open wall lines as defined in this chapter, and having one or more levels above the ground floor. These buildings are hereinafter referred to as “soft-story” construction.

The criteria for these provisions is intended to achieve a life safety performance level for the building. Higher performance levels, in which damage to the building would be further reduced, may be obtained through more detailed evaluation and design. (Ord. 10-2007 § 6, 5-1-07. 1990 Code § 7-10103.)

The following definitions shall apply for the purposes of this chapter:

(a) “Apartment house” is a building or portion thereof containing three or more units and does not include condominiums as defined in Title 18.

(b) “Aspect ratio” is the ratio of the height of a wall section to its width. Wall height is measured from sill plate to top of double top plate.

(c) “Building Code” is the latest edition of the California Building Code, as adopted and modified in Division 1 of this title.

(d) “Cripple wall” is a wood-framed stud wall extending from the top of the foundation wall to the underside of the lowest floor framing, and not enclosing a parking or otherwise habitable area.

(e) Concrete Anchors.

(1) “Expansion anchor” is an approved mechanical fastener placed in hardened concrete, designed to expand in a self-drilled or predrilled hole of a specified size and engage the sides of the hole in one or more locations to develop shear and tension resistance to applied loads without grout, adhesive or drypack.

(2) “Chemical anchor” is an approved metal fastener and structural epoxy anchoring device in hardened concrete or solid masonry. It is designed to adhere to the sides of a predrilled hole of specified size to develop shear and tension resistance to applied loads.

(3) “Undercut anchor” is an approved mechanical fastener placed in hardened concrete, designed to expand into an undercut specially predrilled hole of specified size. The anchor engages the sides and undercut surfaces of the hole in one or more locations to develop high shear and tension resistance to applied loads without grout, adhesive or drypack.

(f) “Floor diaphragm aspect ratio” is the ratio of the diaphragm depth to its width (diaphragm depth measured perpendicular to the open front).

(g) “Ground floor” is any floor within the wood-frame portion of a building whose elevation is immediately accessible from an adjacent grade by vehicles or pedestrians. The ground floor portion of the structure does not include any level that is completely below adjacent grades.

(h) “Level” is a story, basement, or underfloor space of a building with cripple walls exceeding four feet in height.

(i) “Multi-unit residential buildings” are hotels, lodging houses, congregate residences, apartment houses, and condominiums.

(j) “Nonconforming structural materials” are wall bracing materials which are no longer permitted by this code. These methods or materials include, but are not limited to, cement or gypsum plaster, gypsum wallboard, diagonal or let-in bracing, straight or diagonal wood sheathing, particle board and structural wood panels.

(k) “Open front wall line” is an exterior wall line without vertical elements of the lateral force resisting system which requires tributary seismic forces to be resisted by diaphragm rotation or excessive cantilever beyond parallel lines of shear walls. Diaphragms that cantilever more than 25 percent of the distance between adjacent lines of lateral force resisting elements shall be considered excessive. Exterior exit balconies shall not be considered as excessive cantilevers.

(l) “Retrofit” is an improvement of the lateral force resisting system by alteration of existing structural elements or addition of new structural elements.

(m) “Second floor” is the first elevated floor level.

(n) “Soft wall line” is a wall line whose lateral stiffness is less than required by the story drift limitations or deformation compatibility requirements of this chapter. In lieu of analysis, this may be defined as a wall line in a story where the story stiffness is less than 70 percent of the story above for the direction under consideration.

(o) “Story strength” is the total strength of all compatible seismic resisting elements sharing the story shear in the direction under consideration.

(p) “Wall diaphragm aspect ratio” is the ratio of the height of a wall section to its width.

(q) “Wall line” is any length of a wall along a principal axis of the building used to provide resistance to lateral loads. Parallel wall lines separated by less than four feet shall be considered one wall line for the distribution of loads.

(r) “Weak wall line” is a wall line in a story where the story strength is less than 80 percent of the story above in the direction under consideration. (Ord. 10-2007 § 7, 5-1-07. 1990 Code § 7-10104.)

(a) Comprehensive Investigation and Retrofit. To comply with all the performance requirements of this chapter, the owner(s) of a building within the scope of this chapter shall cause to be made an investigation of the existing construction of the building and a structural analysis of the building by a civil or structural engineer or architect licensed by the state of California, including completion of the survey checklists set forth in Section 15.75.200. If the building does not meet the minimum earthquake performance standards specified in Section 15.75.140 or is noncompliant with an item on the survey checklist, the owner shall cause the building to be structurally altered to conform to those standards and correct any noncompliant items. Except as provided in Section 18.190.060 and as may otherwise be provided in this code, the investigation, analysis and retrofit requirements described in this subsection are voluntary.

(b) Mandatory Retrofit for Apartment Houses. The owner(s) of an apartment house that has been determined by the building official to be within the scope of this chapter shall cause to be made an investigation of the existing construction of the building and a structural analysis of the building by a civil or structural engineer or architect licensed by the state of California to determine whether the building complies with the minimum performance standards of Section 15.75.140 for soft or open wall lines. If the building does not meet the performance standards for soft or open wall lines, the owner must cause the building to be structurally altered to conform to those performance standards within the following timeframe:

(c) Extension of Retrofit Deadline. The owner of an apartment house may apply to the city for a financial hardship extension of the retrofit timeframes provided in subsection (b) of this section. The application shall be presented to the building official and contain a complete explanation of the reasons why compliance within the timeframes set forth in subsection (b) of this section would constitute a financial hardship and the length of extension requested. The building official may grant or condition an appropriate extension or deny the request. The building official’s decision may be appealed to the city council as provided in Sections 1.25.010 et seq.

(d) Alternative to Mandatory Retrofit of Substandard Apartments. When the owner of an apartment house that does not meet the performance standards of Section 15.75.140 for soft or open wall lines intends to demolish the building, the demolition shall be completed within the timeframe set forth in subsection (b) of this section; provided, however, that the building official may grant an extension up to two years if all of the following conditions are met:

(1) The owner applies for a voluntary demolition extension in writing with all necessary supporting documents before the expiration deadline for obtaining a retrofit permit; and

(2) The owner posts a performance bond equal to the cost of demolition including any cost of relocating existing businesses; and

(3) The owner provides written statements from all of the building tenants acknowledging receipt of the owner’s notice of intent to demolish the premises on a specific date and agreeing to vacate the building no later than 90 days before that date. (Ord. 10-2007 § 8, 5-1-07. 1990 Code § 7-10105.)

Plan check and building permit fees for mandated soft-story apartment building retrofit projects which are submitted after the effective date of the ordinance adopting this section shall be waived subject to the following limitations:

(a) All required retrofit construction work is completed according to the timetables specified in this chapter.

(b) The scope of work for which the above fees are refundable is limited to the seismic retrofit of a soft-story building and provision of disabled access compliances triggered by any seismic retrofit.

(c) Any additional work done in conjunction with seismic retrofit will be assessed and fees will be charged in accordance with the fee provisions applicable to work under Division 1 of this title.

(d) Plan check fees beyond the third cycle of review, plan check fees for revisions to approved plans, and reinspection fees shall not be waived and shall be assessed on a per-hour basis.

(e) The provisions of this section do not apply to residential condominium conversions projects under Section 18.190.060. (Ord. 10-2007 § 9, 5-1-07. 1990 Code § 7-10106.)

(a) Any apartment building not in compliance with the mandatory retrofit requirements of this chapter is deemed a public nuisance.

(b) It shall be unlawful for any person, firm or corporation to maintain, use or occupy an apartment building that is not in compliance with the mandatory retrofit requirements of this chapter, and any person who violates or causes or permits another person to violate this provision is guilty of a misdemeanor that may be charged as set forth in Section 1.15.010. For purposes of this section, any person includes an owner, lessor, sublessor, manager, or person in control of a building subject to this chapter, but shall not include tenants in residential units.

(c) All remedies available to the city for correcting violations of any other chapter in this code shall be available to remedy violations of this chapter. The remedies described herein are cumulative and in addition to any other remedies available for violation of this chapter.

(d) The building official may order an apartment building subject to this chapter vacated and order the owner to demolish the building if the building official determines that vacating the building will not adequately mitigate the earthquake hazard to adjacent property or the general public. Should the owner refuse to demolish the building, the city may hire a contractor to demolish the building and place a lien on the property for any costs, including city administrative costs, incurred in such an action. For purposes of this section, the procedures set forth in the Fremont Municipal Code shall be followed. (Ord. 10-2007 § 10, 5-1-07. 1990 Code § 7-10107.)