The provisions of this chapter are intended to promote the public
welfare and safety by reducing the risk of death or injury that may
result from the effects of earthquakes on existing pre-Northridge
steel moment frame buildings. The poor performance of these buildings
is well documented and typically attributed to deficiencies in the
lateral-force-resisting system beam-column connections that render
the building incapable of performing as intended when subject to large
earthquake ground motions. This chapter creates minimum standards
intended to improve the performance of these buildings during earthquakes
and reduce, but not necessarily prevent, the loss of life, injury
or earthquake-related damage.
(Ord. 17-1011 § 2, 2017)
The provisions of this chapter shall apply to any building utilizing
steel moment frames that are determined by the Building Official to
have been built under building code standards enacted before December
1995.
This chapter shall not apply to the following structure types:
1.
Unreinforced
masonry buildings previously strengthened with steel moment frames.
2.
Residential
wood-framed buildings utilizing steel moment frames.
3.
Residential common interest developments as that term is defined in the West Hollywood Municipal Code Section 19.90.020.
|
Notwithstanding any provision of the Building Code, compliance
with this chapter shall not require existing electrical, plumbing,
mechanical or fire-safety systems to be altered to comply with the
current Building Code unless they constitute a hazard to life or property
as determined by the Building Official.
|
(Ord. 17-1011 § 2, 2017)
Notwithstanding the applicable definitions, symbols and notations
in the Building Code, the following definitions shall apply for the
purposes of this chapter:
is the current Building Code of the City of West Hollywood.
is any building designated as a "qualified historical building"
as defined in Part 8, Title 24 of the California Code of Regulations.
occurs when the structure does not contain a complete, well
defined load path, including structural elements and connections,
that serves to transfer the inertial forces associated with the mass
of all elements of the building to the foundation.
is the individual(s), agent, firm, corporation, or entity
having legal possession, equitable interest in the property, or rights
to sanction evaluation or retrofit of a building.
is an improvement of the lateral force resisting system by
alteration of existing structural elements or addition of new structural
elements.
occurs when the stiffness of the seismic-force-resisting
system in any story is less than seventy percent of the seismic-force-resisting
system in an adjacent story above or less than eighty percent of the
average seismic-force system stiffness of the three stories above.
is a frame capable of resisting horizontal forces caused
by the steel members (beams and column) and joints resisting forces
primarily by flexure.
is as defined in the Building Code, but includes any basement
or underfloor space of a building with cripple walls exceeding four
feet in height.
occurs when the estimated distance between the story center
of mass and the story center of rigidity is more than twenty percent
of the building width in either plan dimension.
occurs when all vertical elements in the seismic-force-resisting
system are not continuous to the foundation.
occurs when the sum of the shear strengths of the seismic-force-resisting
system in any story in each direction is less than eighty percent
of the strength in the adjacent story above.
(Ord. 17-1011 § 2, 2017)
The owner of each building within the scope of this chapter
shall cause an investigation of the existing construction and a structural
analysis to be performed on the building by a registered civil or
structural engineer licensed in the State of California and if the
building does not meet the minimum standards specified in this chapter,
the owner shall cause it to be structurally altered to conform to
such standards.
Each building within the scope of this chapter, which has been
analyzed to demonstrate compliance or has been structurally altered
to comply with the minimum earthquake standards in this chapter, shall
be maintained in conformity with the requirements of this chapter
in effect at the time of such analysis or structural alteration.
Notwithstanding any other provisions of this code to the contrary, a building that is found to be within the scope of this chapter and is not brought into compliance with this chapter in the time frame indicated in Section 13.40.050 Table A, shall be declared unsafe and subject to the requirements of Section 102 of the California Building Code.
(Ord. 17-1011 § 2, 2017)
a.
Retrofit Phases. The owner of any building subject to the
provisions of this chapter shall meet the requirements as specified
in the following two phases:
Phase 1: Engineering Report and Major Deficiency Mitigation.
The owner shall submit an engineering report to the Building and Safety
Division demonstrating whether the structure conforms to the design
provisions contained in this chapter and identify all structural deficiencies
in accordance with ASCE 41. Minimum report requirements shall be as
specified by the Building Official. Buildings identified to have any
of the major deficiencies listed below shall be required to retrofit
the building in such a way to mitigate the identified major deficiency
within the time limits allowed in Table A. Alternatively, the engineering
report may show that the major deficiencies meet the requirements
of ASCE 41 through advanced analysis.
Major Deficiencies:
1.
Load
path.
2.
Weak
or soft story.
3.
Vertical
irregularity.
4.
Torsion.
|
Alterations made to the structure to mitigate the major deficiencies
listed above shall not impact existing lateral load elements by increasing
any demand-to-capacity ratio by more than ten percent unless the existing
elements are shown to be capable of resisting the increased demand.
In addition, the mitigation of the major deficiencies shall not create
addition structural deficiencies or make the existing structural deficiencies
more severe.
|
|
Phase 2: Complete Retrofit. The owner shall complete the retrofit of the structure to meet the requirements specified in Section 13.40.090 and mitigate all remaining structural deficiencies within the time limits allowed in Table A.
|
|
TABLE A
TIME PERIOD FOR COMPLIANCE
| |||||||
|---|---|---|---|---|---|---|---|
|
|
Phase 1: Engineering Report & Major Deficiency Mitigationa, b
|
Phase 2: Complete Retrofitd
| |||||
|
Phase
|
Submit Engineering Report & Determine All Structural Deficiencies
|
Submit Retrofit Plans for Major Deficiency Mitigation
|
Obtain Building Permit & Commence Construction
|
Complete Major Deficiency Mitigation Constructionc
|
Submit Retrofit Plans
|
Obtain Building Permit & Commence Construction
|
Complete Construction
|
|
Milestone
|
3 Years from Notice to the Owner
|
5 Years from Notice to the Owner
|
7 Years from Notice to the Owner
|
10 Years from Notice to the Owner
|
13 Years from Notice to the Owner
|
15 Years from Notice to the Owner
|
20 Years from Notice to the Owner
|
|
Notes:
| |
|---|---|
|
a.
|
All buildings within the scope of this chapter are required
to submit an engineering report and determine all structural deficiencies.
Buildings that do not contain any of the major deficiencies as defined
in this chapter are not required to submit retrofit plans for major
deficiency mitigation, commence construction, and complete construction
in Phase 1, but shall provide retrofit plans and complete construction
within the time limits provided in Phase 2.
|
|
b.
|
Phase 1 retrofit plans must indicate preliminary Phase 2 retrofit
extents. Minimum Phase 2 scoping requirements shall be as specified
by the Building Official.
|
|
c.
|
Completion of Phase 1 may be extended by three years if retrofit
plans in accordance with the scope of Phase 2 are designed, approved,
permitted and constructed within Phase 1.
|
|
d.
|
The Building Code version governing Phase 1 shall be permitted
to be utilized in Phase 2.
|
b.
Priority Designations. The Building Official shall prioritize
its enforcement of this chapter as defined in Table B.
|
TABLE B
PRIORITY DESIGNATION
| |
|---|---|
|
Priority
|
Description
|
|
Priority I.
|
Buildings with 8 or more stories
|
|
Priority II.
|
Buildings with 3 to 7 stories
|
|
Priority III.
|
Buildings with 2 or less Stories
|
(Ord. 17-1011 § 2, 2017)
a.
Issuance of Order. The Building Official shall, in accordance with the priorities set forth in Section 13.40.050 Table B, issue an order as provided in this section to the owner of each building that is expected 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 to
the owner as shown on the last equalized Los Angeles County assessment
roll 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 standards of
this chapter.
c.
Service of Order. Proper service of a notice shall be by
registered or certified mail. It shall be deemed a reasonable effort
has been made to serve such notice when registered or certified letters
have been mailed to the address of the interested party as shown on
the official record. The designated period within which the owner
or person in charge is required to comply with such notice shall begin
as of the date the owner or person in charge receives such notice
by personal service or certified mail.
d.
Failure to Receive Order. Failure of any owner, party concerned
or other person to receive such notice shall not affect the validity
of any proceedings taken thereunder.
e.
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 to the Building Board of Appeals established by Section 105 of the Building Code. Such appeal shall be filed with the Board within sixty days from the service date of the order described in subsection (c). Any such appeal shall be decided by the Board no later than ninety days after the date that the appeal is filed. Such appeal shall be made in writing 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 chapter shall be made in accordance with the procedures established in Sections 104.2.7 and 105 of the Building Code.
f.
Extensions. The building owner may request an extension to the time period for compliance set forth in Table A of Section 13.40.050. An application for extension may only be filed after the owner has submitted an engineering report to the city with a determination of all deficiencies and the retrofit plans for major deficiency mitigation have been approved by the city. The building owner has the burden of proof to establish with substantial evidence that good cause for the extension exists. The building owner must also provide a new proposed schedule for compliance, and plan to comply with the provisions of this chapter during that timeframe. Upon good cause shown, the Building Official may approve, approve with modifications or deny the extension request for an extension that is commensurate with the justification for the extension. The owner of the building may appeal the Building Official's decision on the extension to the Building Board of Appeals established by Section 105 of the Building Code. Such appeal shall be filed with the Board within twenty days from the date of the decision. Any such appeal shall be decided by the Board no later than ninety days after the date that the appeal is filed. Such appeal shall be made in writing and the grounds thereof shall be stated clearly and concisely. Appeals shall be made in accordance with the procedures established in Section 105 of the Building Code. The Board's decision on the appeal shall be final.
g.
The
Building Official may promulgate implementing regulations and policies
consistent with this chapter.
(Ord. 17-1011 § 2, 2017)
a.
Notification to Tenants and Occupants. The owner shall advise
all current and prospective residential and nonresidential tenants,
subtenants, lessees, sublessees, or any other person(s) entitled to
the use and/or occupancy of the building of a proposed project submitted
pursuant to this chapter. The notice shall include the information
for the project, as determined by the city, including the scope of
work, expected duration, and contact information for a representative
of the contractor.
(Ord. 17-1011 § 2, 2017; Ord. 18-1047 § 5, 2018)
Historical buildings shall also comply with the provisions of
this chapter. At the Building Official's discretion, modifications
to the standards set forth in this chapter may be permitted when such
modifications are consistent with the provisions of the California
Historical Building Code.
(Ord. 17-1011 § 2, 2017)
a.
Scope of Analysis. This chapter requires the evaluation,
alteration, repair, replacement or addition of structural elements
and their connections to meet the following requirements in this section.
b.
Building Structural Analysis, Design and Evaluation. The
building shall meet or exceed the structural performance level for
the associated earthquake hazard levels as indicated in Table C based
on the risk category as defined in ASCE 41:
|
TABLE C:
SEISMIC PERFORMANCE REQUIREMENTS BY RISK CATEGORY
| ||
|---|---|---|
|
Risk Category
|
Hazard Level 1
|
Hazard Level 2
|
|
I & II
|
BSE-1E, S-3
|
BSE-2E, S-5
|
|
III & IV
|
BSE-1E, S-2
|
BSE-2E, S-5
|
c.
Material Testing and Condition Assessment. The engineer
shall conduct material testing and condition assessment on the existing
structure as specified by the Building Official.
d.
Alternate Analysis, Base Shear and Design Parameters. The
Building Official may approve alternate design methodologies that
meet the same performance intent as those prescribed by this chapter
and that achieve the objectives established by this chapter. A design
criteria shall be submitted to the city for review and approval prior
to submission of plans.
(Ord. 17-1011 § 2, 2017)
a.
General. The plans and specifications required by the Building
Official shall be of sufficient clarity to indicate the nature, design
methodology, and extent of the proposed work and to show in detail
that it will conform to the provisions of this chapter and the Building
Code.
b.
Phase 1 Engineer's Statement. Where engineering plans are
required, the responsible engineer shall provide the following statements
on the approved plans:
"I am responsible for designing this building's Phase 1 seismic strengthening in compliance with the minimum standards of the Mandatory Seismic Strengthening Provisions For Pre-Northridge Steel Moment Frame Buildings (Chapter 13.40)."
c.
Phase 2 Engineer's Statement. The responsible engineer shall
provide the following statements on the approved plans:
"I am responsible for designing this building's Phase 2 seismic strengthening in compliance with the minimum standards of the Mandatory Seismic Strengthening Provisions For PreNorthridge Steel Moment Frame Buildings (Chapter 13.40)."
d.
Phase 1 Owner or Owner's Representative Statement. The owner
shall provide and sign the following statement on the cover of the
drawings:
"I ____________ understand the seismic evaluation and strengthening performed under this project is limited to a deficiency only mitigation under the Phase 1 requirements of the Mandatory Seismic Strengthening Provisions For Pre-Northridge Steel Moment Frame Buildings (Chapter 13.40) which is intended to limit the risk under a seismic event. I understand the full building has not been strengthened for other potential structural deficiencies that may cause a life safety concern, injury or property damage risk under a seismic event."
e.
Phase 2 Owner or Owner's Representative Statement. The owner
shall provide and sign the following statement on the cover of the
drawings:
"I ____________ understand the seismic evaluation and strengthening performed under this project is in conformance with the Mandatory Seismic Strengthening Provisions For PreNorthridge Steel Moment Frame Buildings (Chapter 13.40) which is intended to reduce the risk under a seismic event."
f.
Quality Control and Assurance Requirements. General notes
shall show the requirements for material testing, special inspection,
structural observation and the proper installation of newly added
materials.
(Ord. 17-1011 § 2, 2017)
a.
Structural Observation. All structures regulated by this
chapter require structural observation during construction. The owner
shall employ the engineer of record responsible for the structural
design, or another registered engineer designated by the engineer
of record to perform structural observation as defined in the Building
Code.
b.
Special Inspection. Special inspections shall be provided
as required by the Building Code. Additional inspections shall be
noted on drawings as required by Building Official.
(Ord. 17-1011 § 2, 2017)
a.
Violation. It shall be unlawful for any person to own, use,
occupy or maintain any building or structure or portion thereof, or
cause the same to be done, contrary to, or in violation of, any of
the provisions of this chapter.
b.
Penalty. Any person, firm or corporation violating any of
the provisions of this chapter shall be guilty of the misdemeanor,
and each such person shall be guilty of a separate offense for each
and every day or portion thereof during which any violation of any
of the provisions of this chapter is committed, continued or permitted,
and upon conviction of any such violation such person shall be punishable
by a fine of not more than $1,000 or by imprisonment for not more
than six months, or by both such fine and imprisonment. The provisions
of this section are in addition to and independent of any other sanctions,
penalties or costs which are or may be imposed for a violation of
any of the provisions of this chapter.
c.
Recordation of Violation.
1.
General.
The Building Official may record a notice with the County Recorder's
office that a property, building or structure, or any part thereof,
is in violation of any provision of this chapter provided that the
provisions of this section are complied with. The remedy provided
by this section is cumulative to any other enforcement actions permitted
by this chapter.
2.
Recordation.
If: (A) the Building Official determines that any property, building,
or structure, or any part thereof is in violation of any provision
of this chapter; and if (B) the Building Official gives written notice
as specified below of said violation; then the Building Official may
have sole discretion to, at any time thereafter, record with the County
Recorder's office a notice that the property and/or any building or
structure located thereon is in violation of this chapter.
3.
Notice.
The written notice given pursuant to this section shall indicate:
A.
The nature of the violation(s); and
B.
That if the violation is not remedied to the satisfaction of the
Building Official, the Building Official may, at any time thereafter,
record with the County Recorder's office a notice that the property
and/or any building or structure located thereon is in violation of
this chapter. The notice shall be posted on the property and shall
be mailed to the owner of the property as indicated on the last equalized
county assessment roll. The mailed notice may be by registered, certified,
or first-class mail.
4.
Rescission.
Any person who desires to have recorded a notice rescinding the notice
of violation must first obtain the necessary approvals and permit(s)
to correct the violation. Once the Building Official determines that
the work covered by such permit(s) has been satisfactorily completed,
the Building Official may record a notice rescinding the prior notice
of violation.
|
Following the recordation of the notice of violation the Building
Official is not required to make any inspection of review of the premises
to determine the continued existence of the cited violation. It is
the responsibility of the property owner, occupant or other similarly
interested private party to comply with the above provisions.
|
d.
Costs. Any person that has violated any provision of this
chapter shall be responsible for the costs of any and all code enforcement
actions taken by the Building Official in response to such violations.
These costs shall be based on the amounts specified by the current
fee schedule.
(Ord. 17-1011 § 2, 2017)
a.
Internal Conflict. Where there is a conflict between a general
requirement and a specific requirement, the specific requirement shall
be applicable. Where, in any specific case, different sections of
this chapter specify different materials, methods of construction,
or other requirements, the most restrictive shall govern.
b.
Other Laws. The provisions of this chapter shall not be
deemed to nullify any provisions of local, state or federal law.
c.
Codes and References. The provisions of the codes and standards
referenced in this chapter shall be considered part of the requirements
of this chapter to the prescribed extent of each such reference. Where
there are conflicts between provisions of this chapter and the provisions
of any referenced code or standard, the provisions of this chapter
shall apply.
(Ord. 17-1011 § 2, 2017)
