8.04.140 UAC Section 206(c) added--Supplemental Seismic Safety Rehabilitation Requirements.


Section 206(c) of the Uniform Administrative Code, 1991 Edition, relating to Supplemental Seismic Safety Rehabilitation Requirements, is added to read as follows:
Division 1.00. Scope. The provisions of this Section shall apply to all pre-1934 unreinforced masonry structures which currently have or may in the future have recorded against them on the record of title in the County Recorder's Office a City "Notice of Substandard and Potentially Hazardous Building."
Division 2.00. Compliance Requirements. The owner of each building within the scope of this Section shall, within the time limits set forth in this Section, cause the building to be structurally altered to conform to the earthquake standards specified in the Seismic Retrofitting Code.
Division 3.00. Occupant Load and Building Type. The occupant load of each building subject to the Seismic Retrofitting Code shall be determined by the Building Official in accordance with Section 3302 of the Uniform Building Code. For purposes of complying with the time limits set forth in Division 4.00, the rating classification ("Type") of the building shall be defined as follows:

Rating Building Occupant ClassificationType Load Essential I Any High risk II 100 or more Medium risk III-A 100 or more
III-B More than 20,
but fewer than 100 Low risk IV Fewer than 20


An þessentialþ building shall be any building that must be usable in the event of an emergency, and shall include hospitals, police and fire stations and disaster recovery centers. A "high risk" building shall be any building with 100 or more occupants and without masonry or woodframe crosswalls spaced less than 40 feet apart in each story. A "medium risk subclass A" building shall be any building with 100 or more occupants and with masonry or woodframe crosswalls spaced less than 40 feet apart in each story. A "medium risk subclass B" building shall be any building with more than 20 but fewer than 100 occupants. A "low risk" building shall be any building with fewer than 20 occupants.
Division 4.00. Timetable for Compliance. The time limits set forth below shall begin to run from the date the Seismic Retrofitting Code is adopted. The owner of any occupied or vacant building within the scope of this Section shall comply with the requirements set forth herein and in the Seismic Retrofitting Code by filing for a permit, submitting plans to the Building Official, commencing construction and completing construction within the time limits specified below: Required Action By OwnerBuilding TypeFile for Permit and Submit Plans to Building Official WithinCommence Construction WithinComplete Construction WithinA.Install WallType I, II, III, IV180 Days270 Days 1 YearB.If Wall Anchors
Installed, Then
Make Structural
Alterations:Type I Type II635 Days (1 yr 9 mos) 635 Days (1 yr 9 mos) 2825 Days (7 yrs 9 mos) 2825 Days (7 yrs 9 mos)2 Years 2 Years 8 Years 8 Years 4 Years
4 Years 10 Years 10 YearsC.If Wall Anchors
Are Not
Installed, Then
Make Structural
Alterations:Type I Type II Type III Type IV270 Days 270 Days 1000 Days (2 yrs 9 mos) 1365 Days (3 yrs 9 mos)1 Year 1 Year 3 Years 4 Years 2 Years
2 Years
4 Years
5 Years Such plans shall be prepared by a State licensed architect or engineer. After plans are filed and approved by the Building Official, the owner shall obtain a Building Permit and then commence and complete the required construction within the time limits set forth above. That portion of the plan check and building permit fees that are allocable to structural alteration of the building that is necessary for compliance with the Seismic Retrofitting Code shall be waived by the Building Official.
An owner electing to install wall anchors pursuant to the Seismic Retrofitting Code is also required to structurally alter the building to make it fully comply with the Seismic Retrofitting Code within the time limits set forth herein.
Division 5.00. Historical Buildings. Buildings designated as historically or architecturally significant landmarks on national, state or local historical registers shall comply with the Seismic Retrofitting Code. At the Building Official's discretion, modifications to the retrofitting standards set forth in the Seismic Retrofitting Code may be made so long as such modifications are consistent with the provisions of the State Historic Building Code.
Division 6.00. Demolition. An owner desiring to demolish a building must nevertheless comply with the provisions of this Code unless such owner receives permission to demolish the building prior to the time limits set forth in Division 4.00 herein for the filing of a permit and the submitting of plans to the Building Official. Such an owner shall submit a Demolition Permit Application to the Building Official and shall meet all of the requirements for demolition imposed by this Code including but not limited to those requirements set forth in Section 9.04.10.16.010 of this Code before such a demolition shall be permitted. Nothing in this Section or in the Seismic Retrofitting Code shall be deemed to relieve a building owner of meeting the requirements for demolition of a building imposed by any other applicable law or regulation.
Division 7.00. Appeal of Initial Determination. The owner of any building may appeal the Building Official's initial determination that the building is within the scope of this Code to the Building and Safety Commission as the Board of Appeals established by Section 204 of the Uniform Administrative Code, as amended and adopted at Section 8.04.020 of this Code. Such appeal shall be filed with the Board within sixty (60) days from the date the Seismic Retrofitting Code becomes effective. Any such appeal shall be decided by the Board no later than ninety (90) days after filing 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 this Section may be made in accordance with the procedures established in Sections 105 and 106 of the Uniform Building Code and Section 204 of the Uniform Administrative Code, as adopted by the City.
Division 8.00. Enforcement. If the owner in charge or control of the subject building fails to comply with this Code within any of the time limits set forth herein, the Building Official may order that the entire building be vacated and that the building remain vacated until this Code has been complied with. If compliance has not been initiated within ninety (90) days after the date the building has been ordered vacated or such additional time as may have been granted by the Board of Appeals, the Building Official may (i) commence the building's demolition in accordance with the provisions of Section 203 of the Uniform Building Code and in accordance with the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the City; or, (ii) undertake and complete such structural alteration of the building as may be necessary in the sole judgment of the Building Official to cause the building to conform to the earthquake standards specified in the Seismic Retrofitting Code, and to cause a lien for the costs of such structural alteration to be placed against the property. No demolition may occur pursuant to this Division 8.00 without compliance with all City laws and regulations governing demolitions.
Division 9.00. Appeal Based on Severe Financial Hardship. The owner of any building may appeal on the basis of severe financial hardship from compliance with this Code. Such appeal shall be filed with the City's Chief Financial Officer no later than one hundred twenty (120) days after the effective date of this Code.
Any such appeal shall be decided by the Chief Financial Officer no later than ninety (90) days after filing and the grounds thereof shall be stated clearly and concisely.
The burden shall be on the owner to demonstrate conclusively that compliance with this Code shall result in severe financial hardship. Documentary evidence shall be submitted by the owner at the time the appeal is filed and shall clearly demonstrate that compliance with this Code shall result in severe financial hardship. Such documentary evidence may include, but shall not be limited to, the owner's tax returns, general ledgers, rental and lease agreements, personal and corporate income and expense records, and any such other financial documents or information as the owner desires to submit for consideration or as the City's Chief Financial Officer deems necessary or desirable in evaluating the owner's claim of hardship. The failure of the owner to provide any financial document or information requested by the Chief Financial Officer shall result in denial of the appeal.
Any person denied an appeal by the Chief Financial Officer may appeal the denial to a three person Financial Hardship Appeal Board established by the City Manager. Any such appeal shall be made in writing within ten (10) days of the denial and shall be based on the evidence supplied to the Chief Financial Officer. The Appeal Board may approve or deny any appeal and may relieve an owner from compliance with the requirements of Section 8.04.140, Division 4.00 (A), (B), or (C) of this Chapter, as the Appeal Board in its sole discretion deems financially feasible. The decision of the Financial Hardship Appeal Board shall be final except for judicial review and shall not be appealable to the City Council. The Appeal Board is authorized to establish procedures for the processing and consideration of appeals.
In any case where a building is exempted from compliance with the Code on the basis of financial hardship, such exemption shall be null and void and of no further force or effect at the time the building is sold or experiences a major change of occupancy as defined in the Building Code.
Division 10.00 Canopies. A pedestrian canopy conforming to the standards developed by the Director of General Services shall be constructed below any URM wall adjacent to any public right of way upon commencement of construction of the structural alterations required by this Section. (Prior code § 8109.4; amended by Ord. No. 1506CCS, adopted 12/12/89; Ord. No. 1631CCS § 9, adopted 6/9/92; Ord. No. 1650CCS § 2, adopted 9/29/92; Ord. No. 1748CCS § 2, adopted 6/21/94)8.04.150 UAC Section 206(d) added"Supplemental Land Hazard Zone Requirements.
Section 206(d) of the Uniform Administrative Code, 1991 Edition, relating to Supplemental Land Hazard Zone Requirements, is added to read as follows:
Division 1.00. Supplemental Land Hazard Zone Requirements. For the purposes of these codes, certain portions of the city are hereby established as Seismic Fault Zones and Filled Area Zones. Said zones shall be known as outlined, illustrated and designated on the certain Land Hazard Map filed in the office of the Building Official. Said map together with all legends, indices and explanatory notes thereon is hereby made a part of these codes. It is further provided that adjustments and changes may be made hereafter in the boundaries of said zones by the Building Official to implement the Seismic Safety Element of the General Plan as additional geologic or subgrade data is made public.
For the purposes of these codes, all construction within the scope of these codes that is within a Land Hazard Zone shall be subject to special design requirements which are necessary to effect the stated purpose of these codes. Special design requirements shall be approved by the Building and Safety Commission. (Prior code § 8109.5; amended by Ord. No. 1506CCS, adopted 12/12/89; Ord. No. 1631CCS § 9, adopted 6/9/92)