15.24.010 - Purpose of chapter.
15.24.050 - Alteration, repair, restoration and rehabilitation standards.
15.24.070 - Appeals—Life safety and structural.
15.24.080 - Damage assessment report.
15.24.110 - Seismic hazard exemption.
15.24.010 - Purpose of chapter.
A major purpose of this chapter is to provide a just, equitable, expedient and practicable method whereby structures that are damaged by earthquake may be altered, repaired, restored, rehabilitated or demolished.
(Prior code § 18-1.01)
The provisions of this chapter shall apply to all structures that are damaged by earthquake.
(Prior code § 18-1.02)
The City Health Officer, the Fire Marshal, the Planning Director, and the Building Official are authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.
No owner, occupant or any other person having charge, care or control of any structure or premises shall fail or refuse, after authorized demand made as herein provided, to promptly permit entry therein by the Planning Director, Fire Marshal, City Health Officer or the Building Official for the purpose of inspection and examination pursuant to this chapter.
(Prior code § 18-1.03)
For the purpose of this chapter, certain words, phrases, terms and their derivatives shall be construed as specified in this section. Words, phrases, and terms that are used in this chapter, but not specifically defined, shall have the meaning set forth in the applicable local, state, or federal code, if appropriate. Other such words, phrases and terms shall be accorded their ordinary meanings.
"Abandoned Historic Structure" means an earthquake-damaged historic structure that has been posted "unsafe" or "limited entry" by the Building Official and is a structure that is not occupied, inhabited, or used for its intended purposes, and is unsecured. For purposes of this chapter, an abandoned historic structure is unsecured when it is unprotected from unauthorized entry by members of the public or from damage and deterioration caused by the effects of environmental elements."
"Abatement" means action necessary to make safe or demolish any earthquake-damaged structure.
"Abatement plan" means a plan prepared pursuant to Section 15.24.130 of this chapter.
"Building Official" means the city of Oakland Building Official or his or her designee.
"Current code" means the current edition of the California State Building Code, as amended from time to time and as amended by the city of Oakland.
"Damage assessment report" means a report prepared pursuant to the requirements of this chapter.
"Earthquake-damaged structure" means a structure damaged by earthquake, resultant aftershocks or other earthquake-related occurrences.
"Fire Marshal" means the city of Oakland Fire Marshal or his or her designee.
"Health Officer" means the Alameda County Health Officer or his or her designee.
"Historic structure" means a structure that meets one of the following requirements:
1.
On the National Register of Historic Places;
2.
Is a California Registered Historical Landmark or is a California Point of Historical Interest;
3.
Has been declared to be a historic landmark by the Oakland City Council;
4.
Is contributory to an S-7 preservation combining zone; or
5.
on the preservation study list pursuant to Section 17.12.060 of the city of Oakland zoning regulations and has received either an "A" or "B" rating in the Oakland cultural heritage survey.
"Immediate hazard and danger" means a structure which has been determined by the Building Official to constitute an immediate health and safety hazard because the structure, or some portion thereof, has been damaged by earthquake, and is determined by the Building Official, using accepted practices, to be subject to immediate failure, detachment, dislodgment or collapse and is likely to injure persons, damage property or cause serious public safety problems.
"Planning Director" means the city of Oakland Planning Director or his or her designee.
"Public nuisance" means a structure that is an immediate hazard and danger.
"Public structure" means a structure for which a governmental entity is legally responsible, because of contract, lease or otherwise, for the repair of the structure.
"Structure" means and includes a building, bridge, fence, pole, street, wall, wire or other structure. The term "structure" includes portions of a structure.
"Temporary abatement" means nonpermanent repair work that causes a structure to cease being an immediate hazard and danger. Temporary abatement shall include, but shall not be limited to, netting, bracing, facade alterations and other temporary repair works.
"Working day" means Monday through Friday, except officially designated city of Oakland holidays.
(Prior code § 18-1.04)
15.24.050 - Alteration, repair, restoration and rehabilitation standards.
Except as otherwise expressly provided in this chapter, the following regulations and standards shall apply to and govern the alteration, repair, restoration and rehabilitation of earthquake-damaged structures:
A.
When the cost, as determined by the Building Official, of the alteration, repair, rehabilitation or restoration work is less than twenty-five thousand dollars ($25,000.00), or, if the alteration, repair, rehabilitation or restoration work is not subject to the requirements of subsection B or C of this section, the actual alteration, repair, restoration or rehabilitation work shall comply substantially with current code. Alteration costs unrelated to earthquake damage will not be considered, when calculating the twenty-five thousand dollars ($25,000.00) threshold.
B.
The entire structure, after the structure is altered, repaired, restored or rehabilitated, shall be made to substantially comply with current code, as explained in subsection D of this section, if as a result of earthquake damage, the pre-earthquake seismic lateral capacity of the structure has been reduced by ten percent or more and the structure is one of the following:
1.
An unreinforced masonry building, as defined by Chapter 12.2 of Division 1 of Title 2 of the Government Code, as amended from time to time;
2.
A structure with either an "A," "E" or "I" occupancy classification, as defined by the current code;
3.
A residential structure containing five or more units;
4.
A structure that is four or more stories in height;
5.
A structure with concrete, tilt-up construction;
6.
An office or retail structure with an occupancy load greater than one hundred (100);
7.
A structure that is an "essential facility," as defined in the current code; or
8.
A structure housing, supporting or containing toxic or explosive substances that would be dangerous to the safety of the general public, if released.
C.
The entire structure shall be made to substantially comply with current code, as explained in subsection D of this section, if the structure is not governed by either subsection A or B of this section, and if, as a result of earthquake damage, the pre-earthquake, seismic lateral capacity of the structure has been reduced by twenty (20) percent or more. However, earthquake-damaged single-family dwellings (Uniform Building Code occupancy category R3) shall be governed by the provisions of subsection (D)(4) of this section.
D.
If, as a result of earthquake damage, the pre-earthquake, seismic lateral capacity of the structure has been reduced to an extent exceeding the limits indicated in subsections B and C of this section, the following shall apply:
1.
The entire structure shall be made to substantially comply with the structural requirements of the current code, however the value of ZIC/Rw, (as set forth in Section 2312(e)(2)(A) of the current code), when used to determine the total design base shear in a given direction, need not exceed 0.133.
2.
The Building Official may approve an alternative procedure, if the owner's or applicant's engineer or architect can demonstrate by rational analysis, to the satisfaction of the Building Official, that the structure, after alteration, repair, rehabilitation or restoration, will provide that level of safety as required by the intent of this chapter.
3.
Unreinforced masonry bearing wall buildings may use appropriate provisions of the Structural Engineers Association of California/California Building Officials (SEAOC/CABO) Joint Recommended Unreinforced Masonry Building Seismic Strengthening Provisions, dated January 15, 1990 and as amended from time to time.
4.
Single-family dwellings (UBC occupancy category R3) shall be made to substantially comply only with the foundation, foundation attachment and cripple wall requirements of the current code. However, the structural capacity of the building above the cripple walls shall be fully analyzed and all major deficiencies in lateral load carrying capacity shall be corrected.
5.
Fire and life safety features of the upgraded portions of the public structure shall meet the requirements of the current code.
Proposed alterations, repairs, restoration and rehabilitation of structure shall include an evaluation of the effects of such work to the building in its entirety. This evaluation shall include, but not be limited to, an investigation of the effects of any induced eccentricity and changes in the foundation and in story stiffness as a result of the proposed improvements.
In each case, the Building Official, using accepted practices in the building trades, shall have the authority to determine the seismic lateral capacity of each structure damaged by an earthquake. The term "pre-earthquake lateral capacity," as used in this section, shall mean the ultimate capacity of those elements that have participated in withstanding the lateral forces imposed on the building, whether they are designed structural elements or not.
(Prior code § 18-1.05)
In all cases in which a variance is requested, the applicant should include the request and justification for the variance in the damage assessment report prepared pursuant to Section 15.24.080 of this chapter. In addition, in any case in which a variance is granted, it shall be required that the structure, once altered, repaired, restored or rehabilitated, as a minimum, substantially complies with the structural requirements of the current code, with the design force level of base shear (the total design lateral force or shear at the base of the structure) reduced by no more than twenty-five (25) percent.
In addition to all other requirements imposed by this section, the granting of variances shall be subject to the following:
A.
Force Level Variances.
1.
The applicant may propose a design force level that reduces current code force requirements for base shear by no more than twenty-five (25) percent. Proposals for design force level reduction shall be limited to five percent intervals (i.e., five percent, ten percent, fifteen (15) percent, twenty (20) percent or twenty-five (25) percent), provided the cost/benefit ratio requirements described below are satisfied.
The applicant shall provide the city with the following information:
1. The cost of altering, repairing, restoring or rehabilitating the structure to current code force;
2. The cost of altering, repairing, restoring or rehabilitating the structure to the design force proposed by the applicant;
3. The cost of altering, repairing, restoring or rehabilitating the structure to seventy-five (75) percent of current code force;
3a. The cost of altering, repairing, restoring or rehabilitating the structure to its pre-earthquake lateral capacity;
4. The calculation which represents current code force requirements for the structure;
5. The calculation which represents the proposed design force for the structure;
6. The calculation which represents seventy-five (75) percent of the current code force requirements for the structure;
6a. The calculation which represents the pre-earthquake lateral capacity of the structure.
2.
Upon receipt of the information of subsection (A)(1) of this section, the city shall use the following formulae to determine Ratio "A" and Ratio "B" and to determine whether a variance may be granted pursuant to subsection (A)(1) of this section:
a. Ratio "A" shall equal:
1 (cost of current code force) - 2 (cost of proposed design force)
4 (current code force) - 5 (proposed design force)
b. *Ratio "B" shall equal:
2 (cost of proposed design force) - 3 (cost of 75% of current code force)
5 (proposed design force) - 6 (75% of current code force)
* If the proposed design force calculation is the same as 75% of current code, then Ratio "B" shall be determined by the following formula:
Ratio "B" shall equal:
2 (cost of proposed design force) - 3a (cost of pre-earthquake lateral capacity)
5 (proposed design force) - 6a (pre-earthquake lateral capacity)
A variance shall be granted, if Ratio "A" is 1.25 times or more greater than Ratio "B" and the difference between the cost of altering, repairing, restoring or rehabilitating the structure to the current code force level and the cost of altering, repairing, restoring or rehabilitating the structure to the proposed design force level is more than three percent of the replacement value of the structure.
If the applicant is not eligible to receive a variance pursuant to the above formula, a variance shall be granted, if the applicant is able to show that the required improvements under this chapter will make the achievement of required force levels economically unfeasible. As used in this section, the term "economically unfeasible" shall mean any set of facts that show that the market will not support a reasonable return on the investment that the applicant will have to make to provide the required force levels.
B.
Structural and Life Safety Variances.
1.
Structural Variances. Whenever it is determined, pursuant to Section 15.24.050 of this chapter, that an entire structure must be altered, repaired, restored or rehabilitated to conform to current code requirements, the Building Official, if he or she finds that there are practical difficulties involved in meeting current code requirements, may grant variances for individual cases, provided that he or she first finds that a special individual reason makes the strict letter of the current code impractical to meet.
2.
Life Safety Variances. The Building Official may accept equivalences which meet the intent of Section 15.24.050(D)(5) of this chapter.
Each variance application shall be approved or disapproved by the Building Official within fifteen (15) working days of the date of receipt of such application by the Building Official, or at the time the damage assessment report is approved or disapproved, whichever is later.
(Prior code § 18-1.06)
15.24.070 - Appeals—Life safety and structural.
Unless otherwise stated herein, any decision of the Building Official relating to structural or life safety determinations may be appealed by the building permit applicant to the Board of Examiners and Appeals. Such appeal shall be made within ten working days after the date of the Building Official's decision. Such appeal shall be made on a form prescribed by the Building Official and shall be filed with the Building Official. The appeal shall be heard by the Board of Examiners and Appeals within thirty (30) working days of the date of receipt of the appeal by the city. Not less than five working days prior to the hearing date, the Building Official shall give notice to the appellant of the date, time and place of hearing. The Board shall be authorized to continue the appeal from time to time.
In considering the appeal, the Board shall determine whether, based upon the record, the Building Officials erred or abused his or her discretion. Error or abuse of discretion is shown, if it is established that the Building Official failed to follow the provisions of this chapter.
The decision of the Board shall be in writing and shall be considered final and nonappealable on the date it is issued. A copy of the Board's decision shall be mailed or otherwise delivered to the appellant by the Building Official within five working days of the date of the Board's decision.
(Prior code § 18-1.07)
15.24.080 - Damage assessment report.
Except as otherwise expressly set forth in this chapter, the owner, or the owner's agent, prior to the start of any alteration, repair, restoration or rehabilitation work on an earthquake damaged structure, shall obtain applicable permits and file with the Building Official a damage assessment report prepared by an architect, or civil or structural engineer licensed by the state of California. A damage assessment report shall be required only for those earthquake-damaged structures that have been posted by the Building Official as "unsafe" structures or "limited entry" structures, provided that a damage assessment report, also, shall be required for all earthquake-damaged structures for which the cost of the alteration, repair, rehabilitation or restoration work, as determined by the Building Official, is twenty-five thousand dollars ($25,000.00) or more. Alteration costs unrelated to earthquake damage will not be considered, when calculating the twenty-five thousand dollar ($25,000.00) threshold. No damage assessment report shall be required in any other case, unless expressly set forth in this chapter. The damage assessment report shall include the following:
A.
A list of all owners of the structure;
B.
The address of the structure;
C.
An assessment which details the before and after earthquake condition of the structure, including but not limited to, vertical load capacity, exterior and interior ornamentation and appendages, fire, and life safety elements, and Title 24 (California Code of Regulations) energy and accessibility elements, where applicable;
D.
A proposed program for repairing the structure, existing damage, hazards and public nuisance. The proposed program shall include a fully developed conceptual design that details the extent of the proposed repair, restoration and rehabilitation work, and the approximate cost of all repairs; and shall include a plan which identifies and describes any proposed modification to exterior finishes, whether or not necessitated by the proposed repairs;
E.
A list of all variances or equivalences that will be requested.
F.
Any other information required by any other section of this chapter and any other information determined by the Building Official, in a particular case, to be necessary because of the facts of that case;
G.
For single-family dwellings (UBC occupancy category R-3), a description of any major deficiency in lateral load carrying capacity above the level of the foundation or cripple wall, if any, that has been identified by the owner's engineer or architect, and a method of correcting that deficiency. Cost estimates for correcting identified deficiencies shall be included.
For purposes of this chapter, the report submitted to the city pursuant to this section shall not be considered filed, unless the express provisions of this section are met. Within ten working days after receipt of any such document, the Building Official shall notify the applicant whether the document is complete for filing. If notice is not given within the required time period, the document, at the end of the ten working day period, shall be considered complete for filing. However, the Building Official, thereafter, shall not be prohibited from requesting additional information from the applicant. Damage assessment reports shall be reviewed, approved or disapproved by the Building Official within thirty (30) working days after the reports are filed, provided that damage assessment reports for nonhistorical Uniform Building Code occupancy category R3 structures shall be reviewed, approved or disapproved within fifteen (15) working days after the reports are filed.
Prior to preparation of the damage assessment report, the owner or the owner's agent of each structure described in Section 15.24.050B of this chapter shall participate in a pre-design conference with the Building Official.
(Prior code § 18-1.08)
A.
It is unlawful for the owner of any structure to fail to provide the city, within the required period, with a valid damage assessment report. After written notice from the city to the owner, the following penalties shall be imposed upon owners who fail to comply with the damage assessment report requirements of this chapter:
1.
Except as otherwise provided herein, a five thousand dollar ($5,000.00) penalty shall be imposed upon the owner of each historic structure and each structure identified in Section 15.24.050(B)(1) through (8) of this chapter, if a valid damage assessment report is not filed with the city within the one hundred twenty (120) working day period described in this chapter. Beginning at the end of the one hundred twenty (120) day period, a fine of one thousand dollars ($1,000.00) per month, for each month the owner fails to submit a valid damage assessment report to the city, shall be imposed upon said owner.
However, the maximum fine imposed upon such owner shall not exceed fifteen thousand dollars ($15,000.00). A penalty of five hundred dollars ($500.00) shall be imposed upon the owner-occupied Uniform Building Code occupancy category R3 structure, if a valid damage assessment report is not filed with the city within the one hundred eighty (180) working day period described in this chapter.
2.
For all other structures for which a damage assessment report is required by this chapter, a penalty of one thousand dollars ($1,000.00) shall be imposed upon the owner of each structure who fails to provide the city with a valid damage assessment report within the required one hundred eighty (180) working day period identified in this chapter. Beginning at the end of the one hundred eighty (180) working day period, a fine of two hundred dollars ($200.00) per month, for each month said owner fails to submit a valid damage assessment report to the city, shall be imposed upon said owner. However, the maximum fine imposed upon such owner shall not exceed three thousand dollars ($3,000.00).
B.
Assessed Against Property. The penalties imposed pursuant to this chapter shall be assessed against the real property to which the penalties relate and shall, in addition, be a personal obligation of the owner of the subject real property. The Building Official shall give the owner of such premises a written notice showing the amount of the penalty and requesting payment thereof. If the amount of such penalty is not paid to the Building Official within five working days after the date of such notice, the Building Official shall forward a report of the penalty to the City Council for confirmation.
The property owner shall be given at least ten working days' notice of the confirmation hearing before the City Council. Said notice shall be in writing. The amount of the penalty shall be confirmed by the City Council, unless the City Council finds, based upon evidence in the record, that the Building Official erred in imposing or computing the amount of the penalty. If such error is found, the City Council may modify the amount of the penalty, as warranted.
Upon confirmation of the penalty, the City Council shall direct that the Building Official shall record in the Office of the County Recorder of the county of Alameda, state of California, a certificate substantially in the following form:
NOTICE OF LIEN
Pursuant to Chapter 15.24 of the Oakland Municipal Code, a penalty in the amount of ;#rule; was assessed by the Building Official, and confirmed by the Oakland City Council, against the herein described real property and said amount has not been paid, nor any part thereof, and the City Council does hereby claim a lien upon the hereinafter described real property in said amount; the same shall be a lien upon said real property until said sum has been paid in full. The real property herein above mentioned and upon which a lien is claimed is that certain parcel of land lying and being in the City of Oakland, County of Alameda, State of California and particularly described as follows, to wit:
(insert description of property)
Dated this ;yrrule; day of ;#rule;, 19;yrrule;.
_____
Building Official
City of Oakland
C.
Occupancy Permit Revocation. In addition to imposing the penalties set forth in subsection (A)(1) of this section, the Building Official, after notice to the owner, may revoke the occupancy permit for any structure for which an owner fails to satisfy the deadlines imposed by this chapter. The notice of revocation shall provide the owner with the right to provide the Building Official with evidence that the occupancy permit shall be revoked either because the structure is not subject to the provisions of this chapter or because the Building Official did not follow the provisions of this chapter.
Any decision by the Building Official to revoke an occupancy permit pursuant to this subsection C may be appealed by the owner or his or her agent to the Director of Public Works. Any such appeal shall be made within ten working days of the date of the Building Official's decision. The appeal shall be made on a form approved by the Building Official and shall show how the Building Official has either committed error or has abused his or her discretion.
On appeal, the Director of Public Works shall affirm the decision of the Building Official, unless the Director finds, based upon the evidence in the record, that the Building Official has either committed error or abuse of discretion. The decision of the Director shall be in writing and shall be final.
(Prior code § 18-1.09)
Notwithstanding any other provision of this chapter, the city shall be authorized to exercise any other remedy at law or equity for the enforcement of this chapter.
The Building Official shall have the authority, upon reasonable notice to the building permit applicant, to suspend the building permit and to stop the prosecution of work thereunder, if there is evidence that any term, condition or provision of the building permit or this chapter has been violated.
(Prior code § 18-1.10)
15.24.110 - Seismic hazard exemption.
Any earthquake-damaged structure which is structurally upgraded under the procedures of this chapter and is in compliance with the structure upgrade standards specified in Section 15.24.050 of this chapter, shall not, within a period of fifteen (15) years, or as otherwise determined by California law from time to time, be identified as a seismic hazard to life pursuant to any other building standards adopted by Oakland after the date of the building permit, unless such building no longer meets the structural upgrade standards under which it was reconstructed.
(Prior code § 18-1.11)
The owner of each earthquake-damaged structure, for which a damage assessment report is required, shall provide the Building Official with a certification by a California licensed architect, or civil or structural engineer that his or her proposed repair program and the plans submitted for altering, repairing, restoring and rehabilitating said structure have been prepared to comply with applicable provisions and standards of this chapter. The certification required by this section shall be filed with the Building Official at the time application is made for building permits.
(Prior code § 18-1.12)