Chapter 15.95
REPAIR AND RECONSTRUCTION
Sections:
15.95.030 Application of provisions.
15.95.060 Repair criteria for essential services facilities.
15.95.070 Repair criteria for historic buildings or structures.
15.95.080 Repair criteria for unreinforced masonry buildings and structures.
15.95.090 Building replacement requirements.
15.95.010 Title.
This chapter shall be known as the “post-disaster repair and reconstruction ordinance.” (Ord. 2182 § 1, 6-18-96. 1990 Code § 7-9100.)
15.95.020 Intent.
This chapter establishes standards and regulations for the expeditious repair and reconstruction of damaged structures which were damaged, destroyed, demolished or caused to be demolished as a result of an event as defined in this chapter. This chapter does not allow exemptions from current locally adopted codes and regulations and the California Code of Regulations (C.C.R.), Title 24, or any other laws and regulations. (Ord. 2182 § 1, 6-18-96. 1990 Code § 7-9105.)
15.95.030 Application of provisions.
The provisions of this chapter are applicable to all structures and building sites regulated by the city of Fremont affected by an event as defined in this chapter. (Ord. 2182 § 1, 6-18-96. 1990 Code § 7-9110.)
15.95.040 Definitions.
For the purposes of this chapter, the following definitions apply:
(a) “Architect” is an individual licensed by the state of California to practice architecture as defined in the California Business and Professions Code.
(b) “Civil engineer” means an individual registered by the state of California to practice civil engineering as defined in the California Business and Professions Code.
(c) “Current code” shall mean the edition of the California Building Standards Code, published by the International Conference of Building Officials, as adopted by the city of Fremont pursuant to Cal. Health & Safety Code § 18941.5. The edition to be applied shall be that edition in effect at the time of the declaration of a local emergency by the city council.
(d) “Engineering evaluation” means an evaluation of a suspected damaged building or structure, performed under the direction of a structural engineer, civil engineer or architect retained by the owner of the building or structure. Engineering evaluations shall, at a minimum, contain recommendations for repair with an appropriate estimate of the construction cost for those repairs.
(e) “Essential service facility” shall mean those buildings or structures which have been designated by the city council to house facilities which are essential for emergency operations subsequent to an event.
(f) “Event” shall have the meaning defined in Section 15.90.040(a).
(g) “Historic building or structure” shall have the meaning defined in Section 15.90.040(b).
(h) “Replacement value” is the dollar value, as determined by the building official based upon the current master fee resolution, building permit fees section, adopted by the city of Fremont, of replacing the damaged structure with a new structure of the same size, construction material and occupancy on the same site.
(i) “Structural engineer” is an individual registered by the state of California to practice civil engineering and to use the title “structural engineer,” as defined in the California Business and Professions Code.
(j) “Value of repair” is the dollar value, as determined by the building official, of making the necessary repairs to the damaged structure. (Ord. 2182 § 1, 6-18-96. 1990 Code § 7-9115.)
15.95.050 Repair criteria.
(a) All repairs and alterations shall comply with the then-current code.
(b) Buildings and structures of all types which have been damaged as a result of an event, except as otherwise noted, shall be repaired in accordance with the following criteria:
(1) When the estimated value of repair does not exceed 10 percent of the replacement value of the structure, the damaged portion(s) may be restored to their predisaster condition.
(A) Exception. Regardless of the estimated value of repair, damaged suspended ceiling systems and bracing contained in such ceiling systems must be repaired, replaced and installed in conformity with the requirements of the current code.
(2) When the estimated value of repair is greater than 10 percent but less than 50 percent of the replacement value of the structure, the damaged elements, as well as all critical ties and supporting elements associated with the damaged elements, shall be repaired and/or brought into conformance with the structural requirements of the current code. The design load level for the damaged structure shall be established based upon then-current design practice and as deemed reasonable by the building official.
(3) When the estimated value of repair is 50 percent or more of the replacement value of the structure, the structural system of the entire building shall be reevaluated by a registered civil engineer. The civil engineer shall identify structural elements, assemblies and subassemblies that are not in conformance with the current code and have caused or contributed to damage during the event. All the damaged elements, as well as all critical ties and supporting elements associated with the damaged elements, shall be repaired and/or brought into conformance with the structural requirements of the current code. All the undamaged but nonconforming elements that have contributed to the susceptibility of the building to damage during the event shall be retrofitted to a standard deemed reasonable by the building official.
(4) In Group R, Division 3 occupancies, the repair value of damaged chimneys shall be excluded from the computation of percentage of replacement value.
(5) The repair value of damaged electrical, mechanical and plumbing elements shall be excluded from the computation of the percentage of replacement value. This exemption shall not apply to the valuation of essential buildings. (Ord. 2182 § 1, 6-18-96. 1990 Code § 7-9120.)
15.95.060 Repair criteria for essential services facilities.
(a) Buildings or structures housing essential service facilities (described in Section 15.95.040(e)) which have been damaged as a result of an event shall have an engineering evaluation performed.
(b) Minimum criteria for repair shall be as follows:
(1) When the estimated value of repair contained in the engineering evaluation is less than 30 percent of the replacement value of the structure, the damaged elements, as well as all critical ties and supporting elements associated with the damaged elements, shall be repaired and/or brought into conformance with the structural requirements of the current code. The design load level for the damaged structure shall be established based upon then-current design practice and as deemed reasonable by the building official.
(2) When the estimated value of repair contained in the engineering evaluation in 30 percent or more than the replacement value of the structure, the structural system of the entire building shall be reevaluated by a registered civil engineer. The civil engineer shall identify structural elements, assemblies and subassemblies that are not in conformance with the current codes and have caused or contributed to damage during the event. All the damaged elements, as well as all critical ties and supporting elements associated with the damaged elements, shall be repaired and/or brought into conformance with the structural requirements of the current code. All the undamaged but nonconforming elements that have contributed to the susceptibility of the building to damage during the event shall be retrofitted to a standard deemed reasonable by the building official. (Ord. 2182 § 1, 6-18-96. 1990 Code § 7-9125.)
15.95.070 Repair criteria for historic buildings or structures.
(a) Historic structures which have been damaged as a result of an event shall have an engineering evaluation performed.
(b) The minimum criteria for repair shall be as included in Section 15.95.050, repair criteria, with due consideration given to the historical rating and nature of the structures. Additional standards and criteria, as noted in Part 8, Title 24, California Code of Regulations, the California Historic Building Code, shall apply.
(c) Where conflicts exist between the standards contained herein and the California Historic Building Code, the historic building code shall govern. (Ord. 2182 § 1, 6-18-96. 1990 Code § 7-9130.)
15.95.080 Repair criteria for unreinforced masonry buildings and structures.
The repair criteria and standards for unreinforced masonry buildings shall comply with the then-current unreinforced masonry building retrofit ordinance, Chapter 15.70. (Ord. 2182 § 1, 6-18-96. 1990 Code § 7-9135.)
15.95.090 Building replacement requirements.
Buildings or structures which, as a result of an event, have been destroyed, or have been ordered or caused to be demolished as a threat to public health and safety, or have been damaged to a point where the owner has elected to demolish rather than repair them, may be reconstructed on the same lot pursuant to the zoning and subdivision regulations in effect at the time of the building permit application for the reconstruction as provided in Chapter 18.180. (Ord. 2182 § 1, 6-18-96. 1990 Code § 7-9140.)