Hemet Municipal Code Div. 11 California Existing Building Code

The 2022 California Existing Building Code, codified in Part 10 of Title 24 of the California Code of Regulations, as such code may be amended from time to time, except as hereinafter amended by this division, is adopted by reference as the existing building code of the city.

(Ord. No. 2003, § 3(Exh. A), 11-8-22)

Section 118 of Chapter 1, of the California Existing Building Code, 2022 Edition is added to read as follows:

118 Building Earthquake Safety (Pursuant to requirements in Government Code Section Title 2; Division 1; Chapter 12.2 Section 8875-8875.95)

[A] 118.1. Definition. "Potentially hazardous building" means any building constructed prior to the adoption of local building codes requiring earthquake resistant design of buildings and constructed of unreinforced masonry wall construction.

[A] 118.2. Compliance requirements. The owner of each building within the scope of this chapter shall, upon service of an order and within the time limit set forth in this chapter, cause a structural analysis to be made of the building by an engineer or architect licensed by the state to practice as such and, if the building does not comply with earthquake standards specified in this chapter.

[A] 118.3. Notice. The owner of a building within the scope of this chapter shall comply with the requirements set forth above by submitting to the building official for review one of the following within the stated time limits:

1. Within one year after service of the order, a structural analysis, which is subject to approval by the building official which certifies the building meets the minimum requirements of this chapter; or

2. Within one year after service of the order, the structural analysis and plans for structural alteration of the building to comply with this chapter; or

3. Install required signage as required in applicable section [A] 118.7 or [A] 118.8.

[A] 118.4. Notification. Legal owner shall be notified if their building is considered to be one of a general type of structure that historically has exhibited little resistance to earthquake motion.

Prior to the service of an order, a bulletin may be issued to the owner as shown upon the last equalized assessment roll or the person in apparent charge. The bulletin may contain information the building official deems appropriate. The bulletin may be issued by mail or in person.

[A] 118.5 Order contents. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll and upon the person, if any, in apparent charge or 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 chapter and, therefore, is required to meet the minimum seismic standards of this chapter.

[A] 118.6. Appeal from order. The owner of the building may appeal the building official's initial determination that the building is within the scope of this chapter to the board of appeals established by Section 113 of the California Building Code as adopted by the city. Such appeal shall be filed with the board within 60 days from the service date of the order described in Section [A]118.2. Any such appeal shall be decided by the board no later than 90 days after writing and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modification from any other determinations, orders or actions by the building official pursuant to the chapter shall be made in accordance with the procedures established in Sections 113.

[A] 118.7. Signage. The legal owner of a potentially hazardous building as defined in this section shall post in a conspicuous place at the entrance of the building, on a sign not less than 5" x 7" the following statement, printed in not less than 30-point bold type: "This is an unreinforced masonry building. Unreinforced masonry buildings may be unsafe in the event of a major earthquake."

[A] 118.8. Signage. A legal owner that is not in compliance with section 118.3 on and after December 31, 2004 who's building has not been retrofitted shall post in a conspicuous place at the entrance of a the building, on a sign not less than 8" x 10" the following statement, with the first two works printed in 50-point bold type and the remaining words in at least 30-point type: "Earthquake Warning. This is an unreinforced masonry building. You may not be safe inside or near unreinforced masonry buildings during an earthquake."

[A] 118.9. Penalty. A legal owner who is subject to section 118.4.1 and who does not comply with section 118.4 may be subject to an administrative fine of two hundred fifty dollars ($250.00) to be levied by the local building department no sooner than 15 days after the local building department notifies the owner that the owner is subject to the administrative fine. If the owner does not comply with the requirements of that subdivision within 30 days of the first administrative fine, the owner may be subject to an additional administrative fine of one thousand dollars ($1,000).

Priorities for the service of the order for buildings within the scope of this chapter 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 Building Official may, upon receipt of a written request from the owner, order such owner to bring his building into compliance with this chapter prior to the normal service date for such building set forth in this chapter.

[A] 118.10. Order contents. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll and upon the person, if any, in apparent charge or 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 chapter and, therefore, is required to meet the minimum seismic standards of this chapter.

[A] 118.11 Historical buildings. Alterations or repairs to qualified historical buildings, as defined by Section 18955 of the Health and Safety Code of the State of California and as regulated by Sections 18950 to 18961 of that Code, as designated on official national, state, or local historical-registers of inventories shall comply with the State Historical Building Code (California Code of Regulations Title 24, Building Standards, Part 8), in addition to this chapter.

(Ord. No. 2003, § 3(Exh. A), 11-8-22)