CHAPTER 14. EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS

9-14.01 Purpose.

The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on unreinforced masonry wall buildings. Such buildings have been widely recognized for sustaining life-hazardous damage, including partial or complete collapse during moderate to strong earthquakes.

The provisions of this chapter are intended as minimum standards for structural seismic resistance established primarily to reduce the risk of life loss or injury. Compliance with these standards will not necessarily prevent loss of life or injury or prevent earthquake damage to rehabilitated buildings.

This chapter does not require alteration of existing electrical, plumbing, mechanical or fire safety systems unless they constitute a hazard to life or property. This chapter establishes time periods and standards under which these buildings are required to be structurally analyzed and anchored. Where the analysis finds deficiencies, this chapter requires the building to be strengthened or demolished.

Qualified Historical Buildings shall comply with the State Historical Building Code (SHBC) established under Part 8, Title 24 of the California Code of Regulations. (§1, Ord. 1744, eff. 7/26/90)

9-14.02 Scope.

a. General. The provisions of this chapter shall apply to all buildings which have been identified as having unreinforced masonry walls by the survey filed with the California Seismic Safety Commission on January 17, 1990, or which after the effective date of this chapter are determined to have unreinforced masonry walls as defined herein.

EXCEPTIONS:

1. This chapter shall not apply to detached one or two family dwellings and detached apartment houses containing less than 5 dwelling units and used solely for residential purposes.

b. Provisions Also Covered in Code. When provisions of this chapter and provisions of the Walnut Creek Building Code both apply, the provisions of this chapter shall govern, except as modified by the Building Official.

c. Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this chapter, the Building Official may grant modifications for individual cases, provided he shall first find that a special individual reason makes the strict letter of this chapter impractical and that modification is in conformity with the intent and purpose of this chapter and that such modification does not lessen any degree of life safety. The details of any action granting modifications shall be recorded and entered in the files of the Building Division of the Community Development Department.

d. Alternate Materials and Methods of Construction. The provisions of this chapter are not intended to prevent the use of any material or method of construction not specifically prescribed by this chapter, provided any alternate has been approved and its use authorized by the Building Official.

The Building Official may approve any such alternate, provided he finds that the proposed design is satisfactory and complies with the provisions of this chapter and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this chapter in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.

The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be recorded and entered in the files of the Building Division.

e. Repealed. (§7, Ord. 1872, eff. 1/1/96; §2, Ord. 2094, eff. 1/1/11. Prior history: §1, Ord. 1744, eff. 7/26/90)

9-14.03 Repealed. (§7, Ord. 1872, eff. 1/1/96. Prior history: §1, Ord. 1744, eff. 7/26/90)

9-14.04 General Requirements.

The owner of each building within the scope of this chapter shall cause a structural analysis of the building to be made by a civil or structural engineer or architect licensed by the State of California. If the building does not meet the minimum earthquake standards specified in this chapter, the owner shall either cause it to be structurally altered to conform to such standards; or cause the building to be demolished.

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 within 1 year after the service of the order:

a. A structural analysis, which is subject to approval by the building official, and which shall demonstrate that the building meets the minimum requirements of this chapter; or

b. A structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this chapter; or

c. Plans for the demolition of the building.

After plans are submitted and approved by the building official, the owner shall obtain a building or demolition permit within 1 year. After obtaining the building or demolition permit, the owner shall commence the required construction or demolition within 1 year. The owner shall then complete the required construction or demolition within 2 years of its commencement. A total of 5 years after service of the order is then required for complete compliance. For purposes of this chapter, the periods of compliance set forth herein shall supersede periods of compliance set forth elsewhere.

Owners may elect to comply to the following time limits in lieu of those in the preceding paragraph.

After plans are submitted and approved by the building official, the owner shall obtain a building permit to install wall anchors and parapet braces. Such work shall be completed within 2 years of service of the order. A total of 8 years after service of the order is then required for the completion of the remainder of the required work and complete compliance. (§1, Ord. 1744, eff. 7/26/90)

9-14.05 Administration.

a. Service of Order. The Building Official shall issue an order, as provided in Section 9-14.05(b), to the owner of each building which the Building Official has cause to believe to be within the scope of this chapter.

b. Contents of Order. 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, 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. The order shall be accompanied by a copy of Section 9-14.04 which sets forth the owner's alternatives and time limits for compliance.

c. 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. Such appeal shall be filed within sixty (60) days from the service date of the order described in subsection (b) of this section.

d. Recordation. At the time that the aforementioned order is served, the Building Official shall file with the office of the county recorder a certificate stating that the subject building is within the scope of Title 9, Chapter 14 – Earthquake Hazard Reduction in Existing Buildings. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it where it is not found to comply with Title 9, Chapter 14.

If the building is found not to be within the scope of this chapter, or as a result of structural alterations or an analysis is found to be structurally capable of resisting minimum seismic forces required by this chapter, or is demolished, the Building Official shall file with the office of the county recorder a certificate terminating the status of the subject building as being classified within the scope of Chapter 14 – Earthquake Hazard Reduction in Existing Buildings.

e. Enforcement. If the owner or other person in charge or control of the subject building fails to comply with any order issued by the Building Official pursuant to this chapter within any of the time limits set forth in Section 9-14.04, the Building Official shall order the entire building vacated and remain vacated until such order has been complied with. If compliance with such order has not been accomplished within ninety (90) days after the date the building has been ordered or vacated, or by such additional time as may have been granted pursuant to subsection (c) of this section, the Building Official may order demolition of the building in accordance with the City of Walnut Creek Dangerous Buildings Code, or any other applicable provisions of the Walnut Creek Municipal Code. (§1, Ord. 1744, eff. 7/26/90; §2, Ord. 2094, eff. 1/1/11)

9-14.06 Minimum Earthquake Standards.

Appendix Chapter A1 of the City of Walnut Creek Existing Building Code (Chapter 22) shall be used as the minimum earthquake standards within this chapter. (§1, Ord. 1744, eff. 7/26/90; by §9, Ord. 1872, eff. 1/1/96; §6, Ord. 1950, eff. 7/1/99; by §5, Ord. 2003, eff. 11/14/02; by §9, Ord. 2065, eff. 1/1/2008; §2, Ord. 2094, eff. 1/1/11)

9-14.07 Repealed. (§7, Ord. 1872, eff. 1/1/96. Prior history: §1, Ord. 1744, eff. 7/26/90)

9-14.08 Repealed. (§7, Ord. 1872, eff. 1/1/96. Prior history: §1, Ord. 1744, eff. 7/26/90)