The city of South San Francisco is located in a geographic area
of high seismic risk, due to its proximity to both the San Andreas
and Hayward faults and may reasonably be expected to experience moderate
to severe groundshaking in the event of a significant local earthquake.
Such groundshaking could result in serious injury or loss of life
due to damage or collapse of buildings. Historically, unreinforced
masonry buildings have been shown to be especially vulnerable. The
purpose of this chapter is to promote public safety and welfare by
identifying those buildings in the city which exhibit structural deficiencies
in their capacities for earthquake resistance and by determining the
severity and extent of those deficiencies in relation to their potential
for causing injury or loss of life.
(Ord. 1084 § 1, 1990)
(a)
The provisions of this chapter shall apply to all unreinforced masonry
buildings constructed or under construction prior to 1946, including,
but not limited to, buildings which have unreinforced masonry bearing
walls or nonductile concrete frames with unreinforced masonry walls
or partitions, and which have been identified as such by the city
council pursuant to Government Code Section 8875 et seq.
(b)
This chapter shall not apply to:
(1)
Detached one-or two-family dwellings and detached apartment houses
containing less than five dwelling units and used solely for residential
purposes;
(2)
Buildings used solely for warehouse purposes, unless used for emergency
services or supplies;
(3)
A detached structure containing less than five dwelling units and
warehouse space;
(4)
Buildings which have already been structurally upgraded in substantial
accordance with either the 1973, or later, edition of the Uniform
Building Code or the City of Los Angeles Division 88 Standard for
URM Buildings.
(Ord. 1084 § 1, 1990)
For the purpose of this chapter the definitions in the 1988
Uniform Building Code and the following shall apply:
means a licensed civil or structural engineer registered
by the state pursuant to the rules and regulations of Title 16, Chapter
5 of the Code of California Regulations.
means buildings which utilize a non-ductile concrete frame
and incorporate interior or exterior infill walls, interior partitions,
shaft walls or structural walls of unreinforced masonry.
means masonry walls having all of the following characteristics:
(Ord. 1084 § 1, 1990)
(a)
Building Owner Notification.
(1)
General. Owners of buildings which have been identified as being
included in the scope of this program shall be notified by December
31, 1990, by order by the building division.
(2)
Contents and Service of Order. The written order shall specify that
the building has been determined by the chief building inspector to
be within the scope of this chapter and, therefore, that the owner
is required to comply with the provisions of this chapter. A summary
of the requirements shall be provided. The order shall be served either
personally or by certified or registered mail upon the owner as shown
on the last equalized assessment roll, and upon the person, if any,
in apparent charge or control of the building. If service cannot be
accomplished personally or by mail, an application can be made to
the court to permit service by publication.
(b)
Appeal. The owner of the building may appeal the initial determination
that the building is within the scope of this chapter to the board
of appeals established by the Uniform Building Code. Such appeal shall
be filed with the board within sixty days from the service date of
the order. Within thirty days of the filing of an appeal a hearing
date shall be set. A hearing may be continued if necessary. Any such
appeal shall be decided by the board no later than thirty days after
the close of the hearing and the grounds thereof shall be stated clearly
and concisely in writing. Appeals or requests for modifications from
any other determinations or actions made or taken pursuant to this
chapter shall be made in accordance with the procedures established
in the Uniform Building Code. An appeal shall not extend the time
periods for compliance specified in this chapter.
(c)
Owner’s Duties.
(1)
General. The owner of each building coming within the scope of this chapter shall, upon service of an order, cause a structural analysis to be made of the building by an engineer or architect licensed by the state, as specified in Section 15.28.060, and shall submit the report to the chief building inspector by February 29, 1992.
In the alternative, the owner of a building shall submit to the chief building inspector by February 29, 1992, evidence that the use of the building has been changed to and will remain in an exempt status, as defined in Section 15.28.020 (b).
The owner of the building may appeal the determination of the
chief building inspector to the board of appeals established by the
Uniform Building Code.
(2)
Building Tenant Notification. The owner shall notify all current
tenants, in writing, that a structural investigation has been performed
and that the report is available at the building division offices.
This notice must be sent within thirty days of the date the report
is submitted to the city. Whenever there is a change in tenancy, the
owner shall notify prospective new tenants, in writing, that a structural
investigation has been performed and that the report is available
at the building division offices prior to the time a lease is executed.
(Ord. 1084 § 1, 1990)
(a)
Responsibility. A civil or structural engineer or architect licensed
by the state shall prepare the investigation and engineering report.
The purpose of this report is to investigate, in a thorough and unambiguous
fashion, a building’s structural systems that resist the forces
imposed by earthquakes and to determine if any individual portion
or combination of these systems is inadequate to prevent a structural
failure (collapse or partial collapse). Each building shall be treated
as an individual case without prejudice or comparison to similar type
or age buildings which may have greater or lesser earthquake resistance.
Generalities or stereo-types are to be avoided in the evaluation process
by focusing on the specifics of the structural system of the building
in question and the local geology of the land on which the building
is constructed.
It is the responsibility of the engineer performing the evaluation
to choose the appropriate level of investigation which will produce
a report that is complete and can serve as a sound basis for a conclusion
on the collapse hazard the building may present.
(b)
Format for the Report. The following is a basic outline of the format
each engineering report should follow. This outline is not to be construed
to be a constraint on the professional preparing the report, but rather
to provide a skeleton framework within which individual approaches
to assembling the information required may be accomplished. It also
will serve as a means for the city to evaluate the completeness of
each report.
(1)
General Information. A description of the building including: (i)
the street address; (ii) the type of occupancy use within the building,
with separate uses that generate different occupant loads indicated
on a plan showing the square footage of each different use; (iii)
plans and elevations showing the location, type and extent of lateral
force resisting elements; (iv) a description of the construction materials
used in the structural elements and information regarding their present
condition; (v) the date, if known, of original construction, and the
date, if known, of any subsequent additions or substantial structural
alterations of the building; and (vi) the name and address, if known,
of the original designer and contractor, and the name and address,
if known, of the designer and contractor, for any subsequent additions
and substantial structural alterations.
(2)
Test Reports. All field and laboratory test results shall be included
in the report. Evaluation of the significance of these test results
shall be made with regard to each structural system or typical connection
being evaluated. This evaluation may be limited to a statement of
the adequacy or inadequacy of the system or connection based on the
lateral load demand it would be required to resist by calculation.
If tests reveal inadequacy, a conceptual solution must be included
in the report.
(3)
Conclusions. Based on the demand/capacity ratio a statement shall
be provided explaining the overall significance of the deficiencies
found to exist in the building’s lateral force resisting system
regarding potential collapse or partial collapse failure.
(4)
Recommendations. The preparer of the report shall specify an appropriate
solution which could be used to strengthen the structure to alleviate
any collapse or partial collapse threat and which reasonably protects
the safety of the tenants and the general public.
(5)
Summary. Each report shall contain a summary in lay language of the
conclusions and recommendations and an estimate of the magnitude of
costs involved.
(c)
Review and Acceptance of Reports. The city shall review and accept all reports which meet the requirements and purposes of this chapter. If necessary, the city may utilize the services of civil or structural engineers to assist the building division in determining if the submitted engineering reports conform to the requirements and purposes of this chapter. If the chief building inspector determines that the report does not conform that decision may be appealed pursuant to the procedures in subsection (b) of this section.
(d)
Voluntary Retrofit. Should the owner of any building coming within
the scope of this chapter voluntarily decide to retrofit the building,
the retrofit shall be done in compliance with the engineers plan approved
by the city.
(Ord. 1084 § 1, 1990)
It is unlawful to fail to comply with the provisions of this chapter. Violation constitutes a misdemeanor, punishable as provided in Chapter 1.24 of this code. In addition, as an alternate or cumulative remedy, the city may pursue any civil remedies available under the law.
(Ord. 1084 § 1, 1990)
(a)
Within seven years from the date of adoption of the ordinance codified
in this section, the record owner of any property with an unreinforced
masonry building shall submit plans for the proposed structural alterations
of the building or plans for the demolition of the building for review
and approval by the city, shall obtain building permits and shall
commence and complete construction of the approved seismic retrofit
alterations.
(b)
In addition to the requirements set forth in subsection (a) of this section, if at any time during the seven-year period identified in subsection (a) of this section, the record owner conveys by any means other than devise, intestate or probate to any other family member or through foreclosure, the property to any other person or entity, the person or entity acquiring the property shall, within six months of the conveyance, submit seismic retrofit plans and upon city approval thereof, obtain building permits for the approved alteration work. The process identified in this section shall in no way alter the requirement that the complete retrofit must be completed within seven years of the date of the adoption of said ordinance as set forth in subsection (a) of this section.
(c)
All alterations and repairs required to meet the provisions of this
chapter shall comply with all applicable requirements of the Uniform
Code for Building Conservation, specifically, Appendix Chapter 1 of
the 1991 Uniform Code for Building Conservation, as amended.
(Ord. 1157 § 1, 1995)
Whenever the chief building inspector determines by inspection or on the basis of engineering reports submitted pursuant to Section 15.28.050 that any building or portion thereof constitutes an unreinforced masonry building pursuant to the provisions of this chapter or a public nuisance as defined in Section 15.28.110, he or she shall initiate proceedings to cause the repair, vacation or demolition thereof. The chief building inspector shall issue a notice and order directed to the record owner of the building which notice and order shall contain:
(a)
The street address and a legal description sufficient for identification
of the premises upon which the building is located;
(b)
A statement that the chief building inspector has found the building
to constitute an unreinforced masonry building or a public nuisance
and a brief and concise description of the conditions supporting such
finding;
(c)
A statement of the action necessary to correct such condition, and
if the conditions cannot be corrected by repair and the building must
be demolished, the reasons why the conditions cannot be corrected
by repair;
(d)
A statement that the required work must be commenced within the time frame set forth in the notice and order and a statement that such work must be completed within the appropriate time frame as set forth in Section 15.28.070;
(e)
A statement advising that if any required repair or demolition work
is not commenced within the time specified, the chief building inspector:
(i) will order the building vacated and post it to prevent further
occupancy until the work is completed, and (ii) may proceed to cause
the work to be done and charge the cost thereof against the property
or its owner;
(f)
A statement advising that any person having any record title or legal interest in the building may appeal from the notice and order of the chief building inspector, in the manner set forth in Section 15.28.090 within fifteen days from the date of service of the notice and order. Failure to appeal within fifteen days of the date of service of notice and order shall constitute a waiver of all rights to an administrative hearing and determination of the matter.
(Ord. 1157 § 2, 1995)
The notice and order shall be served upon the record owner,
in the manner hereinafter stated, and posted conspicuously on the
property. To the extent that the city can, through reasonable efforts,
obtain the appropriate addresses, one copy of the notice and order
shall also be served on each of the following: the holder of any known
mortgage or deed or trust or other lien or encumbrance of record;
the owner or holder of any lease of record; and the holder of any
other estate or legal interest of record in the building or the land
upon which it is located. The failure of the chief building inspector
to serve any person required herein to be served shall not invalidate
any proceeding hereunder as to any other person duly served or relieve
any such person of any duty or obligation imposed on him or her by
the provisions of this section.
(Ord. 1157 § 3, 1995)
(a)
Any order issued by the chief building inspector pursuant to this
chapter, shall be served and recorded in the manner set forth in Section
15.28.130.
(b)
Any determination of the chief building inspector may be appealed
to the building appeals board by any person having any record interest
in the building, by filing a written notice of appeal with the chief
building inspector within fifteen calendar days of the date such determination
was mailed or personally delivered to the appellant.
(Ord. 1157 § 4, 1995)
At the time the notice and order is served, the chief building
inspector shall cause to be filed with the office of the county recorder
a certificate of substandard structure, setting forth the determination
of the chief building inspector and the requirements imposed by the
notice and order.
(Ord. 1157 § 5, 1995)
If after the issuance and service of the notice and order, a
building is determined, by the chief building inspector to not be
subject to the requirements of this chapter, the chief building inspector
shall file with the office of the county recorder a certificate rescinding
the notice and order and finding the building not to be subject to
the requirements of this chapter.
(Ord. 1157 § 6, 1995)
Should the record owner fail to comply with the orders described in Section 15.28.070 or with any other orders issued by the chief building inspector pursuant to this chapter, the chief building inspector may order the entire building vacated until the order has been complied with. If the building is not vacated within ninety days after the date of the order, the building may be deemed a public nuisance and the chief building inspector may order the demolition of the building.
(Ord. 1157 § 7, 1995)
