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 buildings, constructed prior to 1949 (the adoption date of the local building code requiring earthquake resistant design of buildings). Of secondary benefit is the reduction of property damage. Such buildings have been widely recognized for sustaining life-hazardous damage 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 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. It is also the City's intent through the enactment of this chapter to have appropriate City staff work closely with building owners and tenants to minimize economic hardships or interruption of business during the process of bringing buildings into compliance with the provisions of this chapter.
This chapter provides systematic procedures and standards for the identification and classification of unreinforced masonry buildings based upon their present use. Priorities, time periods and standards are also established under which these buildings are required to be structurally analyzed and strengthened. Where the analysis finds deficiencies, this chapter requires the building to be strengthened or demolished.
The provisions of this chapter shall apply to all buildings constructed or under construction prior to 1949 (adoption date of the first local earthquake resistant code requirements), or for which a building permit was issued prior to 1949, which on the effective date of this ordinance are of unreinforced masonry construction as defined herein.
EXCEPTION: This division shall not apply to detached one or two family dwellings and detached apartment houses containing less than five dwelling units and used solely for residential purposes.
For purposes of this chapter, the applicable definitions in Sections 2302 and 2312 of the 1988 Uniform Building Code shall apply.
For purposes of this chapter, the following additional definitions shall apply:
High Risk Building:
Any building having an occupant load of 100 or more as determined herein.
Medium Risk Building:
Any building having an occupant load of less than 100 and more than 20.
Low Risk Building:
Any building having an occupant load of 20 or less as determined herein.
Occupant Load:
The maximum number of persons within a building as determined in accordance with Section 3302 of the 1988 Uniform Building Code. However, the Director of Planning and Building may allow a lower occupant load for a building, if no extraordinary hazard will result and the building is posted for the reduced maximum number of occupants.
Qualified Historical Building:
Any structure or building deemed of importance to the history, architecture, or culture of an area by an appropriate local, state or federal governmental jurisdiction. This shall include designated structures on official existing or future national, state or local historical registers or official inventories, such as the National Register of Historic Places, State Historical Landmarks, State Points of Historical Interest, and parcels to which the City has applied the Historic Overlay Zoning District.
Unreinforced Masonry Construction:
A building or structure constructed with unreinforced masonry bearing walls as herein defined or a steel or concrete framed building with unreinforced masonry infilled walls.
Unreinforced Masonry Bearing Wall:
A masonry wall having all of the following characteristics:
1. 
Provides the vertical support for a floor or roof.
2. 
The total superimposed load is over 100 pounds per linear foot.
3. 
The area of reinforcing steel is less than 50% of that required under the 1949 Edition of the Uniform Building Code.
The rating classifications indicated below are hereby adopted and each building within the scope of this chapter shall be placed in one such classification by the Director of Planning and Building.
Rating Classification
Occupant Load
Total Project
Alternate Phased Project
Complete Structural Analysis
Complete Construction or Demolition
Installation of Wall Anchors
Complete Construction
High Risk
100 or more
Jan. 1, 1991
Jan. 1, 1993
Jan. 1, 1992
Jan. 1, 1995
Medium Risk
21 to 99
Jan. 1, 1992
Jan. 1, 1994
Jan. 1, 1993
Jan. 1, 1996
Low Risk
20 or less
Jan. 1, 1993
Jan. 1, 1995
Jan. 1, 1994
Jan. 1, 1997
For the purposes of this chapter, when only a portion of a building is constructed of unreinforced masonry and that portion is constructed such that it will act independently when resisting seismic forces, the rating classification shall be determined based upon the unreinforced masonry portion of the building and not the entire structure.
The owner of each building within the scope of this chapter shall cause a structural analysis as described below, of the building to be made by a civil or structural engineer or architect licensed by the State of California. If the results of said structural analysis indicates that the building does not meet the minimum earthquake standards specified in this chapter, the owner shall either cause the building to be structurally altered to conform to said 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 Director of Planning and Building for review, within the time limits as specified in Section 14.35.040, one of the following:
A. 
A structural analysis demonstrating 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 bring the building in compliance with the minimum requirements of this chapter; or
C. 
Plans for the demolition of the building shall include interim provisions for protecting pedestrian traffic which could be endangered by a complete or partial collapse of the building. Buildings to which the City has applied the Historic Overlay Zoning District shall only be demolished in compliance with the provisions of Chapter 20.54.
A. 
Service of Order. The Building Official shall issue an order, as described in Section 14.35.060(B) to the owner(s) of each building found to be within the scope of this chapter within 90 days of the effective date 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 assessment roll, and to the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the Director of Planning and Building to be a potential earthquake hazard within the scope of this chapter and, therefore, the building is required to meet the minimum seismic standards of this chapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of Sections 14.35.040 and 14.35.050 which set forth the owner's alternatives and time limits for compliance.
C. 
Appeal of Order. The owner or person in charge or control of the building may appeal to the City Board of Appeals, the Director of Planning and Building's initial determination that the building is within the scope of this chapter. Such appeal shall be filed within 60 calendar days from receipt of the order described in Section 14.35.060(B). Any such appeal shall be decided by the Board no later than 90 calendar days after the date that the appeal is filed. Such appeal shall be made in writing, and shall be filed with the Planning and Building Department. The grounds for the appeal shall be stated clearly and concisely in the appeal. In order to grant an appeal, the Board must make a mandatory finding that there is sufficient technical justification that the building is not within the scope of this chapter.
Any appeal decision made by the Board of Appeals may be appealed to the City Council using the procedures as set forth in Chapter 20.100 of this Code. In order to grant an appeal, the City Council shall make a finding that there is sufficient technical justification for such building not to be within the scope of this chapter.
D. 
Recordation. At the time the aforementioned order is served, the Director of Planning and Building shall file with the office of the Marin County Recorder a certificate stating that the subject building is within the scope of Chapter 14.35, Hazard Reduction in Unreinforced Masonry 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 Chapter 14.35.
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 Director of Planning and Building shall file with the office of the Marin County Recorder a certificate terminating the status of the subject building as being classified within the scope of this chapter.
Every structure within the scope of this chapter shall be analyzed and constructed to resist minimum total lateral seismic forces assumed to act nonconcurrently in the direction of each of the main axes of the structure in accordance with the provisions of Appendix Chapter 1 of the Uniform Code for Building Conservation published by the International Conference of Building Officials. Qualified Historical Buildings shall be analyzed in accordance with the State Historical Building Code (SHBC) established under Part 8, Title 24 of the California Administrative Code.
If the owner or other person in charge or control of the subject building fails to comply with any order issued by the Director of Planning and Building pursuant to this chapter within the applicable time limits set forth in Section 14.35.050, the Director of Planning and Building shall order the entire building vacated and remain vacated until said order has been complied with. If compliance with said order to vacate has not been accomplished within 60 calendar days after the date the building has been ordered vacated, or by such additional time as may have been granted by an appeal, the Director of Planning and Building may order repair or demolition of the building in accordance with the provisions of the most recently adopted version of the Uniform Code for the Abatement of Dangerous Buildings as specified in Section 14.05.020 of this Code.
(Ord. 1091, March 5, 1990)