§ 15.27

This Chapter shall be known as "Mandatory Seismic Evaluation and Retrofit of Certain Multi-Unit Residential Buildings," may be cited as such, and will be referred to herein as "this Chapter."

(Ord. No. 13516, § 2, 1-22-2019)

This Chapter is intended to promote public safety and welfare through a program of mandatory seismic evaluation and retrofit of certain residential buildings vulnerable to earthquake damage and collapse. The program is intended to reduce earthquake-related deaths and injuries, improve the durability of Oakland's housing stock, facilitate post-earthquake emergency response, improve community stability, minimize displacement during retrofits and after an earthquake, and reduce the economic impacts of a damaging earthquake.

(Ord. No. 13516, § 2, 1-22-2019)

This Chapter shall apply to buildings constructed or permitted for construction before January 1, 1991 or designed based on an adopted version of the 1985 or earlier edition of the Uniform Building Code, and contain five (5) or more dwelling units, and have a wood frame target story. Following the effective date of this Chapter, if an owner adds one (1) or more dwelling units to a building that has fewer than five (5) dwelling units so that it becomes a building with five (5) or more dwelling units, then the building shall be considered a subject building at the time building permits are issued for the additional dwelling unit(s).

(Ord. No. 13516, § 2, 1-22-2019)

No subject building for which permitted retrofit work is completed in compliance with this Chapter and properly maintained shall be required by the City to undergo additional seismic retrofit of its seismic forceresisting system within a period of fifteen (15) years after the effective date of this Chapter, except that any provisions in Title 15 related to addition, alteration, repair, or change of occupancy shall still apply.

(Ord. No. 13516, § 2, 1-22-2019)

ARTICLE II. - COMPLIANCE

The owner of each building subject to this Chapter shall, in accordance with the schedule given in Section 15.27.070, complete the following compliance scope.

A.

Demonstrate That a Building is Not a Subject Building. This scope item is required only for those owners who claim that their building is not a subject building. In such cases, the owner shall submit documentation for review and approval by the Building Official demonstrating that a building is not a subject building as described in Section 15.27.030. The Bureau of Building shall develop regulations and forms pursuant to Section 15.27.180 that describes the documentation necessary to comply with this paragraph.

B.

Demonstrate Eligibility for a Later Compliance Tier. This scope item is required only for those owners who claim that their subject building should be assigned to a later compliance tier. The owner may submit documentation demonstrating that a building is eligible for a later compliance tier pursuant to Section 15.27.070.

C.

Perform Mandatory Evaluation. If Section 15.27.050(A) does not apply, then the owner shall commission and receive a written seismic evaluation and schematic retrofit report for the building based on the engineering criteria given in Section 15.27.165(A).

D.

Complete Mandatory Retrofit Work. If Section 15.27.050(A) does not apply, then the owner shall complete the following:

1.

Submit to the Bureau of Building a target story evaluation report demonstrating compliance of each wood frame target story with Section 15.27.170 Engineering Criteria; or

2.

Obtain a building permit and any other required permit(s) to retrofit the subject building in compliance with Section 15.27.170 Engineering Criteria; and

3.

Complete or cause to be completed all permitted construction, and obtain Bureau of Building approval on final inspection.

E.

Residential Tenants. For those buildings containing residential tenants, the owner shall submit documentation of compliance with any technical bulletins and/or administrative regulations issued by the City Administrator pursuant to Section 15.27.180 regarding residential tenants of the building.

F.

Submit Affidavits of Compliance. If paragraphs C. and D. of this Section apply, the owner shall submit one (1) or more affidavits confirming compliance with the required scope and with other administrative regulations, including any requirements to acknowledge receipt of information about retrofit options, developed by the Bureau of Building.

(Ord. No. 13516, § 2, 1-22-2019)

All work intended to comply with this Chapter shall be performed by appropriately licensed individuals. Evaluation reports shall be sealed by a licensed architect or civil engineer. Documents demonstrating that a building is not a subject building shall be sealed by a licensed architect or civil engineer.

(Ord. No. 13516, § 2, 1-22-2019)

The owner of a building subject to this Chapter shall comply with each of the Chapter's requirements in accordance with the deadlines given in Table 15.27.070.

A.

Each subject building shall be assigned to a compliance tier as follows:

Tier 1: Subject buildings assigned to Tier 1 shall include:

a.

Buildings not eligible for Tier 2 or Tier 3, with twenty (20) or more dwelling units;

b.

Buildings whose owners failed to comply with O.M.C. Section 15.26.230 (Mandatory Screening Ordinance) on or before July 28, 2011, regardless of the number of dwelling units or nominal eligibility for Tier 2 or Tier 3.

2.

Tier 2: Subject buildings assigned to Tier 2 shall include:

a.

Buildings not eligible for Tier 3 with between five (5) and nineteen (19) dwelling units;

b.

Buildings with legally permitted business or mercantile occupancy in a wood frame target story. A building assigned to Tier 2 due to business or mercantile occupancy may be reassigned to Tier 3 upon demonstration by the owner that at least one (1) commercial unit is non-vacant on the day one (1) year from the effective date of this Chapter, and has been occupied for at least one (1) month.

3.

Tier 3: Subject buildings assigned to Tier 3 shall include:

a.

Buildings with legally permitted residential occupancy in a wood frame target story not otherwise assigned to Tier 1 or Tier 2;

b.

Buildings otherwise assigned to Tier 3.

B.

Failure to fully comply with any deadline or to receive approval of submitted materials shall not alter other applicable deadlines.

C.

In no case shall transfer of title cause any deadline in Table 15.27.070 to change.

D.

The City Administrator or designee is authorized to extend for up to one (1) year any of the compliance deadlines in Table 15.27.070 based on a demonstration of hardship due to unusual delays related to circumstances beyond the reasonable control of the owner, including, but not limited to, appeals, litigation, permit processing and/or other similar circumstances.

Table 15.27.070. Compliance Deadlines

[Years after thirty (30) days following the effective date of this Chapter]

(Ord. No. 13516, § 2, 1-22-2019)

The City Administrator or designee is authorized to extend any of the compliance deadlines in Table 15.27.070 by up to one (1) year based on a demonstration of financial hardship related to the cost of the required work.

A.

To request such an extension, the owner shall submit a request to the Bureau of Building, together with such documentation as the City Administrator might require regarding the required work, owner records, and owner resources.

B.

As a condition of the extension for financial hardship, the owner may be required to confer with City staff and to demonstrate a good faith effort to secure funding or financing.

C.

Any extension for financial hardship shall apply only to work required by this Chapter.

D.

In the event of a transfer of title, any extension for financial hardship shall not transfer automatically to the new owner.

E.

In determining if an extension due to financial hardship is granted, criteria to be considered by the City Administrator or designee shall include, but not be limited to, the owner's ability to obtain a loan or alternative financing, size of annual budget (if any), cash reserves, owner indebtedness, proof of financial return below treasury bonds for several years, as well as any deed restrictions on the owner's ability to charge market rate rent for a significant portion of the subject building.

(Ord. No. 13516, § 2, 1-22-2019)

In addition to submittals required by O.M.C. Chapter 15.04, the Bureau of Building shall develop and make available, and is authorized to require the use of, certain forms, templates, checklists, and other tools as needed to facilitate compliance, review, approval, and records maintenance contemplated by this Chapter. The Bureau of Building is authorized to require separate submittals and permit applications for work required for compliance with this Chapter and for voluntary work to be performed simultaneously, as well as separate submittals and permit applications for any non-structural seismic retrofit work.

(Ord. No. 13516, § 2, 1-22-2019)

Except for conditions deemed imminently hazardous and new work triggered by the program scope, the Bureau of Building shall not withhold approval of submitted materials for reasons unrelated to the program scope and the engineering criteria.

(Ord. No. 13516, § 2, 1-22-2019)