Chapter 18.44
EARTHQUAKE HAZARD REDUCTION

Sections:

18.44.010    Definitions.

18.44.020    Adoption.

18.44.030    Requirement of official notice of action.

18.44.040    Applicability.

18.44.050    Time line for compliance

18.44.060    Appeals.

18.44.070    Failure to comply with time line.

18.44.010 DEFINITIONS.

The following definitions apply to this chapter.

(1)    Uniform Code for Building Conservation. Any reference to this code shall mean Chapters 1 through 7, and amended Appendix Chapter A1, of the 1987 edition of the Uniform Code for Building Conservation, copies of which are on file with the city clerk.

(2)    1970 Uniform Building Code. Any reference to this code shall mean Section 2314 and sections referenced therein of Chapter 23 of the 1970 Uniform Building Code.

(3)    Official Notice of Action. The notice given by the chief building official to inform record owners and record tenants that their described property is an unreinforced masonry building, which must be repaired or retrofitted under the provisions of this chapter.

(4)    Essential Risk Building. Any building housing a hospital, or other medical facility having surgery or emergency treatment areas; fire and police stations; municipal government disaster operation and communication centers.

(5)    High-Risk Buildings. Any building not classified as an essential building having an occupant load (as determined by Table 33A of the UBC) of one hundred occupants or more. Examples include, but are not limited to, theaters, meeting halls, churches, dancehalls, restaurants, larger retail stores, and manufacturing buildings.

Exception: A high-risk building shall not include the following:

(a)    Any building having exterior walls braced with masonry or wood frame crosswalls spaced less than forty feet apart in each story;

(b)    Any building used for its intended purpose, as determined by the chief building official, less than twenty hours per week.

(6)    Medium-Risk Buildings. Any building, not classified as a high-risk building or an essential building, having an occupant load (as determined by Table 33A of the UBC) of twenty occupants or more. Examples include, but are not limited to, apartment houses, office buildings, smaller retail stores, and manufacturing buildings.

(7)    Low-Risk Buildings. Any building, not classified as an essential building having an occupant load (as determined by Table 33A of the UBC) of less than twenty occupants. Examples include, but are not limited to, warehouses, and small residential, commercial and industrial buildings.

(Ord. 90-20 § 2, 1990: Ord. 90-03 § 1, 1990: Ord. 89-46 § 1, 1989).

18.44.020 ADOPTION.

The city hereby adopts the Uniform Code for Building Conservation (1987 edition), Chapters 1 through 7 and Amended Appendix Chapter A1, “Earthquake Hazard Reduction in Existing Unreinforced Masonry Bearing Wall Buildings,” and the Uniform Building Code, 1970 Edition, Chapter 23, Section 2314 and sections referenced therein.

(1)    Three copies of each of the above documents are and shall be maintained on file in the office of the city clerk, for use and examination by the public. Except as otherwise specifically provided herein, each and every provision, section, table, diagram, illustration, figure, phrase and paragraph thereof is hereby adopted in the same manner as if set forth here in full.

(Ord. 90-20 § 2, 1990: Ord. 90-03 § 2, 1990: Ord. 89-46 § 1, 1989).

18.44.030 REQUIREMENT OF OFFICIAL NOTICE OF ACTION.

The chief building officer shall give official notice of action to both the record owners and tenants of record of any unreinforced masonry building identified under the provisions of this chapter. Such notice shall be transmitted by certified mail, return receipt requested.

(Ord. 90-20 § 2, 1990).

18.44.040 APPLICABILITY.

Earthquake hazard reduction requirements shall apply to the following:

(1)    Unreinforced Masonry Buildings. The earthquake hazard reduction requirements as contained in the Uniform Code for Building Conservation (1987 edition) and amended Appendix Chapter A1 shall apply to any nonresidential unreinforced masonry building within the city, whether damaged or not; and to any residential structure which is damaged as a result of earthquake, fire, flood, or other calamity causing such structure to become structurally unsound.

(2)    Repair, Reconstruction and Alterations of All Other Structures Damaged by Seismic Activity. The 1970 UBC shall apply to the repair of any structure or portion thereof damaged by seismic activity, not included in Subsection (1) above, and built before the adoption date of the 1970 UBC. All buildings for which original building permits were issued since the adoption date of the 1970 UBC shall comply with the seismic requirements of the UBC in effect at the time of original building permit issuance.

(Ord. 90-20 § 2, 1990: Ord. 89-46 § 1, 1989).

18.44.050 TIME LINE FOR COMPLIANCE.

The following time lines shall be employed in establishing compliance with the earthquake hazard reduction requirements of Section 18.44.040. Time shall commence upon receipt of official notice of action from the chief building official. All permits issued under this section shall be specifically marked within the area provided for project description to reflect time lines for compliance.

(1)    Seismically Damaged Unreinforced Masonry Buildings. The chief building official may issue a permit for reoccupancy of seismically damaged unreinforced masonry buildings provided that repair of seismic damage is certified by a licensed architect or engineer as bringing the structure to a degree of soundness equal to or better than before the seismic event which damaged the structure. Prior to such occupancy, plans and specifications shall be submitted and approved for full compliance with this chapter. Full compliance with the requirements of this chapter must be complete within five years from the date of official notice of action, except for essential and high-risk buildings, which shall be in compliance within three years of official notice of action.

(2)    Undamaged Unreinforced Masonry Buildings.

(a)    Plans and specifications demonstrating full compliance with the requirements of this chapter shall be submitted within one year of official notice and permits obtained within two years of such notification.

(b)    Essential and high-risk buildings shall be in full compliance no later than three years from official notice of action.

(c)    Medium- and low-risk buildings shall be in full compliance within five years from official notice of action.

(3)    Extensions.

(a)    In medium-risk buildings, a two-year extension may be granted if wall anchors are installed within two years of the official notice of action.

(b)    In low-risk buildings, a three-year extension may be granted if wall anchors are installed within two years of the official notice of action.

(c)    Structures in which wall anchors already exist may not take advantage of extension periods.

(Ord. 90-20 § 2, 1990).

18.44.060 APPEALS.

Any person who believes the chief building official has erred in the technical application of this code may appeal such action to the board of building appeals as provided in Chapter 18.41 of the Municipal Code.

(Ord. 90-20 § 2, 1990).

18.44.070 FAILURE TO COMPLY WITH TIME LINE.

The chief building official shall forbid use of any structure which has not been reconstructed in accordance with the time lines set forth in Section 18.44.050. At least ninety days before forbidding further use, the chief building official shall notify the record building owners and tenants of record in writing, delivered by certified mail, return receipt requested. Such buildings shall remain unoccupied until they are brought into compliance with the requirements of this chapter and the chief building official issues a new certificate of occupancy. Refusal to obey the order forbidding further use shall constitute a misdemeanor punishable as provided by Chapter 1.08 of the Santa Cruz Municipal Code.

(Ord. 90-20 § 2, 1990).