§ 8-18

Unreinforced masonry buildings ("URMs") are generally brick buildings constructed prior to 1933, predating earthquake-resistant design standards. These buildings can possess features including, but not limited to, unbraced parapets, walls and roofs that are not attached to each other, and poorly constructed walls. In past earthquakes many of these types of structures have performed poorly and/or collapsed causing loss of life, personal injury, and substantial property damage. The purpose of this chapter is to provide alternative construction regulations designed to reduce the risk of death or injury resulting from earthquake hazards in existing unreinforced masonry buildings in a timely and economically feasible manner while preserving the historic character of the community. This chapter creates minimum standards intended to reduce the risk of collapse and improve the performance of these buildings during earthquakes, but not necessarily prevent the loss of life, injury and damage to property. (§ 2, Ord. 3324, eff. February 19, 2026)

The provisions of this chapter shall apply to all buildings or portions of buildings constructed with unreinforced masonry walls with the following exceptions:

(a) A building which has been seismically retrofitted since 1985 that complies with the strengthening standards in effect at the time as determined by the Building Official; (b) A detached Group R Division 3 Occupancy or a detached Group R Division 1 Occupancy having four living units or fewer; (c) Accessory buildings serving Group R Division 3 Occupancies or accessory buildings serving Group R Division 1 Occupancies having four living units or fewer; (d) Public schools; (e) Hospitals; and (f) State or federally owned buildings. (§ 2, Ord. 3324, eff. February 19, 2026)

For the purposes of this chapter, certain words, phrases, terms and their derivatives shall be construed as specified in this section. Words, phrases, and terms that are used in this chapter, but not specifically defined, shall have the meaning set forth in the applicable local, state or federal code, if appropriate. Other such words, phrases and terms shall be accorded their ordinary meanings. (a) "Architect" shall mean a person who is licensed to practice architecture in this state. (b) "Architectural and engineering fees" shall mean all design and analysis costs, not repair costs. (c) "Board of Appeals" shall be as outlined in Section 113 of the CBC. (d) "Building" for the purpose of determining occupant load, shall mean any contiguous or interconnected structure; for purposes of engineering evaluation, shall mean the entire structure or portion thereof which will respond to seismic forces as a unit. (e) "Building Code" or "CBC" shall mean the current edition of the California State Building Code, as amended from time to time mid as adopted and amended and/or updated by the city. (f) "California Existing Building Code (or "CEBC)" shall mean the seismic provision for unreinforced masonry buildings contained in the 2022 edition of the CEBC, as adopted and as may be updated by the City. (g) "Engineer" shall mean any professional, civil or structural engineer who is licensed to practice engineering in this state. (h) "Owner" shall mean any individual or group of individuals or firm or any other entity holding legal or equitable title to the real property. (i) "Qualified historical building" shall mean any building, structure or collection of structures deemed of importance to the history, architecture, or culture of an area by an appropriate local, state, or federal governmental jurisdiction. This shall include structures on existing or future national, state or local historical registers or official inventories of historical or architecturally significant sites, places, historic districts, or landmarks. (j) "Retrofit" or "retrofitting" shall mean any and all structural work necessary to comply with the requirements of this chapter, including but not limited to all improvements, alterations and repairs. (k) "Unreinforced Masonry (URM) Building" shall mean any building or structure containing one or more walls constructed wholly or partly with unreinforced. (l) "Unreinforced Masonry (URM) Wall" shall mean a masonry wall in which the area of reinforcing steel is less than 25% of the minimum steel ratios required by the current California Building Code for reinforced masonry. (m) "Valuation" shall mean the total value of all construction work as determined by the Building Official. (§ 2, Ord. 3324, eff. February 19, 2026)

The following process shall be followed for abatement of the hazards posed by URM buildings: (a) Establish list and notify owner. The Building Official shall establish and maintain a list of URM buildings and, within 30 days from the effective date of this chapter, shall notify the owners and tenants, if applicable, of those buildings in writing that their buildings have been identified as URM buildings as defined in this chapter and of their obligation to mitigate the potential hazard in compliance with this chapter. (b) Contents of notice to owner. The notice to owner shall be addressed to the owner as shown on the last equalized San Bernardino County assessment roll of the building. The notice shall include the following: (1) A statement that the structure has been reviewed and appears to be of the type, which is prone to significant damage, including collapse, in a moderate to major earthquake; (2) Direction to comply with the retrofitting requirements of this chapter, as applicable; (3) Where applicable, the findings on which the determination that the building or structure does not comply is based; (4) The time schedule for commencement and completion of seismic retrofitting; (5) A statement that the owner is required to provide a copy of the notice to correct deficiencies to all tenants of the structure; and (6) A statement that a URM certificate will be recorded in the office of the County Recorder until the subject building is removed from the URM list in accordance with Sec. 8-18.080. (c) Failure to receive notice to owner. Failure of any owner, party concerned or other person to receive such notice to owner shall not affect the validity of any proceedings taken thereunder. (d) Recordation. At the time that the notice as outlined in division (a) is served, the Building Official shall record with the office of the County Recorder a certificate stating that the subject building is within the scope the "Seismic Safety Mitigation Program for Unreinforced Masonry Buildings Ordinance." The certificate shall also state that the owner thereof has been ordered to review and structurally analyze the building and upgrade the building in accordance with this chapter. (§ 2, Ord. 3324, eff. February 19, 2026)

(a) The owner of each building subject to the provisions of this chapter shall cause an investigation of the existing construction and a structural analysis to be performed on the building by a Registered Civil or Structural Engineer licensed in the State of California and if the building does not meet the minimum standards specified in this chapter, the owner shall cause it to be structurally altered to conform to such standards. (b) Each applicable building within the scope of this chapter which has been analyzed to demonstrate compliance or has been structurally altered to comply with the minimum standards in this chapter shall be maintained in conformity with the requirements of this chapter in effect at the time of structural alteration. (§ 2, Ord. 3324, eff. February 19, 2026)

(a) General. Engineering plans, calculations and specifications shall be filed with the applicable building permit demonstrating that the proposed retrofit work will comply with the applicable standards specified in the CBC for the buildings. (b) Mandatory seismic retrofitting. All unreinforced masonry buildings shall be retrofitted in accordance with the seismic standards contained in the CBC, except that qualified historical buildings may use the applicable provisions of the State Historical Building Code in conjunction with the CBC as provided in division (h). All destructive materials

testing in accordance with the CBC is required only when those elements are used as part of the structural design. The decision of whether to test existing materials is the responsibility of the engineer/architect, and the city assumes no liability for damage, injury, or harm caused by the testing. In the absence of acceptable test data, the engineer/architect shall use allowable stresses for existing materials in accordance with the CBC or as approved by the Building Official. The owner shall file with the Building Official plans, structural calculations and specifications with an acceptable building permit application to comply with the applicable mandatory retrofit standard within the time specified in division (e). The information required for a building permit application shall be in accordance with division (f). (c) Preparer of plans, calculations and specifications. Building owners shall employ a civil or structural engineer or architect, registered by the State of California, herein called "engineer/architect", to prepare the required engineering plans, calculations and specifications acceptable to the Building Official. (d) "Scope of work", provided on the title page needs to address all the proposed work that per the Building Codes requires a permit. (e) "Building data analysis", provided on the title page needs to provide the following: (1) Codes used; (2) Building information; (3) Site information; (4) Parking requirements and provided; (5) Number of bathrooms and fixtures needed and provided; and (6) Exits, what is required, what is provided and distance to them. (f) Exception. One URM wall or common URM wall with an existing engineering analysis report on file and prepared since October 2022 shall only be required to retrofit that one URM wall or common URM wall if the owner demonstrates to the satisfaction of the Building Official that the retrofit of the common URM wall or URM wall will not weaken the remaining building and/or structure, and any other requirements that the Building Official may deem necessary to comply with this chapter. (§ 2, Ord. 3324, eff. February 19, 2026)

(a) Plan, permits and construction. Each building within the scope of this chapter shall be structurally altered to comply with the minimum standards in this chapter within the time periods shown in Table A. Minimum plan requirements shall be as specified by the Building Official. Failure to comply with the program within the specified time frame shall be a violation of this chapter and subject the owner to the penalties and remedies described in Sec. 8- 18.120. (b) Screening form (optional). Within the time limits allowed in Table A, if the owner of any building believes he/she is not subject to the provisions of this chapter, owner shall submit a screening form to the Building Department. The screening form shall be completed by a licensed civil or structural engineer and shall state whether the structure conforms to the earthquake design provisions contained in this chapter. Retrofit of said building shall not be required if screening form determines that the structure conforms with the earthquake design provisions of this chapter, as determined by the Building Official. Retrofit of said building shall be required if owner fails to submit the screening form within the time limit specified in Table A or if the screening form determines that the structure does not conform with the design requirements of this chapter. The requirement for said retrofit is not appealable if the screening form states that the structure does not conform to the earthquake design provisions contained in this chapter.

TABLE A

TIME PERIOD FOR COMPLIANCE

Required Action By Owner

Risk Level Submit Structural Assessment Plan and Obtain Permit Complete Construction

High Risk 9 months from notice to owner 9 months from structural 18 months from plan/permit assessment submittal approval

Medium Risk 12 months from notice to 12 months from structural 24 months from plan/permit owner assessment submittal approval

Low Risk 18 months from notice to 18 months from structural 24 months from plan/permit owner assessment submittal approval

(c) Risk designations. The Building Official shall prioritize enforcement of this chapter as defined in Table B.

TABLE B
RISK DESIGNATION

Risk Level Description

High Risk Structures containing multi-family residential structures or public facilities

Medium Risk Structures containing commercial, office or retail uses

Low Risk Structures containing manufacturing or industrial uses

(§ 2, Ord. 3324, eff. February 19, 2026)

The Building Official shall remove any building from the inventory list of potentially hazardous buildings when that building has been upgraded to the standard in this chapter and the final inspection is approved. Upon completion of all retrofitting work, the Building Official shall record with the office of the County Recorder a certificate stating that the subject building has complied with Title 8, Chapter 18 of the City of Ontario Municipal Code, the "Seismic Safety Mitigation Program for Unreinforced Masonry Building.” (§ 2, Ord. 3324, eff. February 19, 2026)

Extensions. With the exception of the six-month period to submit the structural analysis, the Building Owner may request an extension to the time period for compliance with the timelines set forth in Table A of Sec. 8-18.070. The Building Owner has the burden of proof to establish, with substantial evidence, that he or she is unable to continue work within the time required by this section due to circumstances beyond the control of the permittee. The written request must demonstrate that: (a) Due to circumstances beyond the owner's or permittee's control, construction could not be commenced, continued or completed in the authorized time period; (b) If the construction has started, substantial progress has been made; (c) If construction has started, the condition of the property presents no health or safety hazard; (d) The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to the neighboring property owners; or

(e) Due to unforeseen conditions, as deemed appropriate by the Building Official, construction could not be commenced, continued or completed in the authorized time period. The owner must also provide a new proposed schedule for compliance, and plan to comply with the provisions of this chapter during that timeframe. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months. (§ 2, Ord. 3324, eff. February 19, 2026)

Notification to tenants and occupants. The owner shall advise all current and prospective residential and non- residential tenants, subtenants, lessees, sublessees, or any other person(s) entitled to the use and/or occupancy of the building of a proposed project submitted pursuant to this chapter. The notice shall include the information for the project, as determined by the city, including the scope of work, expected duration, and contact information for a representative of the contractor. Proof of written notification is required to be kept by the owner and made available to the city upon request at any time until such permit is final, and construction is completed. (§ 2, Ord. 3324, eff. February 19, 2026)

(a) General. The plans and specifications required by the Building Official shall be of sufficient clarity to indicate the nature, design methodology, and extent of the proposed work and to show in detail that it will conform to the provisions of this chapter and the Building Codes. (b) Engineers statement. The engineer responsible shall provide the following statement on the approved plans: "I am responsible for designing this building's seismic strengthening in compliance with the minimum standards of the Seismic Safety Mitigation Program for Unreinforced Masonry Building." (c) Owner or owner's representative statement. Unless the entire building has been retrofitted to meet the full intent of the current Building Code, the owner shall provide and sign the following statement on the cover of the drawings: “I, [Owner Name(s)], understand the seismic evaluation and strengthening performed under this project is limited to that specified in the Seismic Safety Mitigation Program for Unreinforced Masonry Building which is intended to reduce the risk under a seismic event. I understand the full building, has not been evaluated nor strengthened for other potential structural deficiencies that may cause a life safety concern, injury, or property damage risk under a seismic event." (d) Quality control and assurance requirements. General notes shall show the requirements for material testing, special inspection, structural observation and the proper installation of newly added materials. (§ 2, Ord. 3324, eff. February 19, 2026)

(a) Structural observation. All structures regulated by this chapter require structural observation during construction. The owner shall employ the Engineer of Record responsible for the structural design, or another registered Engineer designated by the Engineer of Record to perform structural observation as defined in the Building Code. (b) Special inspection. Special inspections shall be provided as required by the Building Code. Additional inspections shall be noted on drawings as required by Building Official. (§ 2, Ord. 3324, eff. February 19, 2026)

(a) Violation. It shall be unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, or cause the same to be done, contrary to, or in violation of, any of the provisions of this chapter. A building that is found to be within the scope of this chapter and is not brought into compliance with the time frame indicated in Table A of Sec. 8-18-070, shall be declared unsafe and subject to the requirements of the currently adopted Building Code. (b) Penalty. Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both such fine and imprisonment. The provisions of this section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this chapter. (c) Recordation of violation. If: (A) the Building Official determines that any property, building, or structure, or any part thereof is in violation of any provision of this chapter; and if (B) the Building Official gives written notice as to the nature of said violation; then the Building Official may have sole discretion to, at any time thereafter, record with the County Recorder's Office a notice that the property and/or any building or structure located thereon is in violation of this chapter. The remedy provided by this section is cumulative to any other enforcement actions permitted by this chapter. (d) Additional remedies. In addition to the recordation of violation noted in (c) above, the Building Official may: (1) Notify all parties with a financial interest in the property (such as mortgage lenders, lien holders, insurance bearers) and the tenants that the building is a hazardous URM building and is in violation of this chapter. (2) Order that the owner post a sign on the building to designate it as a hazardous URM building. The signs shall be located at well lighted locations, readily visible by the occupants and public when entering the building and shall be protected from damage. Location, form and content of the sign is subject to the Building Official's approval. The building owner shall be responsible for installing and maintaining the signs and immediately replacing them, at the owner's expense, as necessary. When the owner corrects all violations of this chapter to the satisfaction of the Building Official, the posting of signs on the building required by this section may be removed by the owner. However, if the owner violates any aspect of this Article after the posting has been removed, the Building Official may order the immediate re-posting of signs on the building. (3) The City Council may cause any building not abated within the time limits set forth herein to be vacated, strengthened, repaired, rehabilitated, remodeled, demolished or upgraded in accordance with the provisions of this chapter. (e) Costs. Any person that has violated any provision of this chapter shall be responsible for the costs of any and all Code Enforcement actions taken by the Building Official in response to such violations. These costs shall be based on the amounts specified by the current fee schedule. Further, the City Council of the City of Ontario may authorize the placement of a lien on the property for all costs incurred. (§ 2, Ord. 3324, eff. February 19, 2026)

(a) Appeal of retrofit. When the owner believes the Building Official made an error in his or her determination regarding a retrofit required under this chapter the owner may appeal the determination to the Board of Appeals. Such appeal shall be made within 30 days after the date of the Building Official's written decision.

(1) Any such appeal shall be made in the form specified by this section and be filed with the city clerk. The appeal shall state specifically the alleged error or abuse of discretion by the Building Official. The appeal will be heard by the Board of Appeals within 30 days of the date of receipt of the appeal by the City Clerk. Not less than ten days prior to the hearing date, the City Clerk shall give notice to the appellant of the date, time and place of the hearing. The Board of Appeals shall be authorized to continue the hearing for up to 30 days. (2) In considering the appeal, the Board of Appeals shall determine whether, based upon the record, the Building Official erred or abused his or her discretion. (3) The decision of the Board of Appeals shall be in writing, and a copy of its decision shall be mailed or otherwise delivered to the appellant by the Building Official within ten days of the date of the Board of Appeal's decision. The decision of the Board of Appeals shall be final. (b) Appeal of non-compliance penalties and actions. Any written decision by the Building Official to impose penalties in the event of any failure to comply with the requirements of this chapter may be appealed by the owner or the owner's agent to the Board of Appeals. Any such appeal shall be made within 30 days of the date of the Building Official's mailing of notification. The appeal shall be made on a form approved by the Building Official and shall state specifically how the Building Official has either committed an error or has abused his or her discretion. In considering the appeal, the Board of Appeals shall determine whether, based upon the record, the Building Official erred or abused his or her discretion. The decision of the Board of Appeals shall be in writing and may be appealed to the City Council as provided for in division (d). Revocation of a Certificate of Occupancy, if appealed, will not become effective until the decision of the Board of Appeals has been upheld by the City Council. (c) Written appeal required. Any written appeal as provided for in divisions (b) and (c) and filing fee shall be submitted to the City Clerk and the written appeal shall contain the following: (1) The names of the appellants. (2) A brief statement setting forth the legal interest of each of the appellants in the land and/or building involved. (3) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellants. (4) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. (5) The submittal of any documents, sworn statements or other written material claimed to have value on the contentions made in support of the appeal. (6) The signatures of all parties named as appellants and their mailing addresses. (7) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. (d) The Board of Appeals shall conduct hearings on written appeals made under this section and may approve or disapprove interpretations of this chapter made by the Building Official of the city. All such approvals or disapprovals shall be final and conclusive as to the Building Official. The Board of Appeals shall adopt regulations establishing procedural rules and criteria for the carrying out of its duties under this part. (§ 2, Ord. 3324, eff. February 19, 2026)

In addition to the penalties in Sec. 8.18-130, the following remedies are available to the city and may be imposed independently or in combination with each other at the discretion of the Building Official, unless. otherwise noted herein: (a) Maintenance of a URM building beyond the time specified in section 6.40 for completion of seismic retrofits to such building are hereby deemed to be a public nuisance and may be abated pursuant to the abatement procedures

contained in the latest edition of the California Building Codes and the International Property Maintenance Code for Abatement of Unsafe Structures. (b) The city may seek injunctive relief on behalf of the public to enjoin a building owner's violation of this chapter. (c) The city may withhold the issuance of any building permit and/or may suspend any existing building permits on the subject building unless otherwise authorized by the Building Official for emergency repairs. (d) The Building Official, after written notice to the owner, may revoke or suspend the occupancy permit for any structure for which the owner violates any of the provisions of this chapter. The notice of revocation or suspension shall provide the owner the right to provide the Building Official with evidence that the occupancy permit should not be revoked or suspended either because the structure is not subject to the provisions of this chapter or because the Building Official did not follow the provisions of this chapter. (e) Any person violating any provision of this chapter shall be guilty of a misdemeanor. (f) These remedies are not exclusive, and the city may utilize any other remedies available at law or equity. (§ 2, Ord. 3324, eff. February 19, 2026)