ADOPTS WITH AMENDMENTS:

CBC 2016

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Division 95 Mandatory Earthquake Hazard Reduction in Existing Non-Ductile Concrete Buildings

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Section 91.9501 Purpose

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The purpose of this division is 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 concrete buildings. In the Northridge Earthquake, many concrete buildings constructed prior to the 1976 Los Angeles City Building Code provisions performed poorly and collapsed, causing loss of human life, personal injury and property damage. Similar loss of life, injury and property damage occurred in the Great Hanshin Earthquake, Mexico City Earthquake, and Christchurch New Zealand Earthquake due to the outdated building codes in those communities. The poor performance of these older concrete buildings is typically due to deficiencies in the lateral force resisting system (beams, columns and joints) that render the building incapable of sustaining gravity loads when the building is subjected to earthquake-induced lateral displacements. This division creates minimum standards to mitigate hazards from these structural deficiencies. Adherence to these minimum standards will improve the performance of these buildings during earthquakes and reduce, but not necessarily prevent, the loss of life, injury or earthquake-related damage.

Section 91.9502 Scope

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The provisions of this division shall apply to any existing concrete building built pursuant to a permit application for a new building that was submitted before January 13, 1977, or, if no permit can be located, the structure is determined by the Department to have been built under building code standards enacted before January 13, 1977.

EXCEPTIONS: This division shall not apply to detached single-family dwellings or detached duplexes. Moreover, notwithstanding any provision of this Code, compliance with this division shall not require existing electrical, plumbing, mechanical or fire-safety systems to be altered to comply with existing code unless they constitute a hazard to life or property.

Section 91.9503 Definitions

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The following words and phrases, whenever used in this division, shall be construed as defined in this section. Words and phrases not defined here shall be construed as defined in Division 2 of this Code.

CONCRETE BUILDING is a building having concrete floors and/or roofs, either with or without beams, supported by concrete walls and/or concrete columns, and/or concrete frames with or without masonry infills, or any combination thereof.

DUPLEX is a building containing only two single-family dwelling units.

DWELLING UNIT shall include any individual residential unit within either an R-1 or R-2 occupancy building, including a mixed-occupancy building when part of it is either an R-1 or R-2 occupancy. A dwelling unit shall include the area of a building that is occupied as a dwelling unit, whether the building is approved or unapproved for residential use.

QUALIFIED HISTORICAL BUILDING is any building designated or currently in the process of being designated as a "qualified historical building" as defined in Part 8, Title 24 of the California Code of Regulations.

MASONRY INFILL is the unreinforced or reinforced masonry wall construction within a reinforced concrete frame.

RETROFIT is an improvement of the lateral force-resisting system by alteration of existing structural elements or addition of new structural elements.

SINGLE-FAMILY DWELLING is any building with one dwelling unit which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this Code.

Section 91.9504 Compliance Requirements

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91.9504.1 General

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The owner of each building within the scope of this division shall cause a structural analysis to be made of the building by a civil or structural engineer or architect licensed by the state of California, and if the building does not meet the minimum engineering standards specified in this division, the owner shall cause the building to be structurally altered to conform to such standards or, at the owner's option, cause it to be demolished within the time limits stated in LAMC Subsection 91.9504.2.

91.9504.2 Time Limits for Compliance

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The owner of a building within the scope of this division shall comply with its requirements by completing the following actions within the time limits stated below:
  1. Within three (3) years after service of the order described in LAMC Section 91.9505, submit on the form provided by the Department a completed checklist for the Department to review and approve.
  2. If the building is determined to be a non-ductile concrete building pursuant to LAMC Subsection 91.9504.1, within ten (10) years after service of the order, submit a detailed evaluation of the building documenting whether the building meets or exceeds the requirements set forth in LAMC Section 91.9508. The evaluation shall include one of the following:
    1. Proof that the building was previously retrofitted in conformity with the provisions in either Division 85 or former Division 95 (Ordinance No. 171,260, No. 179,324, No. 172,592 and No. 182,850) of the Los Angeles Building Code; or
    2. Proof that the building was previously retrofitted in conformity with the engineering requirements of this division; or
    3. A report consisting of a structural analysis that shows the building meets the engineering requirements of this division; or
    4. A report consisting of a structural analysis and plans for the proposed structural alteration of the building to comply with the engineering requirements of this division; or
    5. Plans for demolition of the building.
  3. Within twenty-five (25) years after service of the order, complete all necessary demolition or retrofit work on the building.
Time limits for compliance shall be based on the service date of the original order from the Department. Transfer of title shall not change compliance dates.

Section 91.9505 Administration

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91.9505.1 Issuance of Order

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When the Department determines that a building is within the scope of this division, the Department shall issue an order to the owner as described in LAMC Subsections 91.9505.2 and 91.9505.4.

91.9505.2 Service of Order

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The Department shall serve the order in writing, either personally or by certified or registered mail, upon the owner as shown on the last equalized assessment roll. Service by mail shall be deemed complete at the time of deposit in the post office. Proof of giving notice may be made by an affidavit of an employee of the City that shows service in conformity with this division.

91.9505.3 Failure to Receive Order

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Failure of the owner to receive an order shall not relieve the owner of any obligation to comply with the provisions of this division.

91.9505.4 Contents of Order

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The order shall specify that the building has been determined by the Department to be within the scope of this division and, therefore, is required to meet the minimum seismic standards described in LAMC Section 91.9508. The order shall be accompanied by a copy of LAMC Section 91.9504, which sets forth the owner's alternatives and time limits for compliance.

91.9505.5 Appeal From Order

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The owner of any building subject to this division may appeal the Department's initial determination that the building is within the scope of this division to the Board of Building and Safety Commissioners. Such appeal shall be filed with the Board within 60 days from the service date of the order. Any such appeal shall be decided by the Board no later than 60 days after the date that the appeal is filed. Such appeal shall be made in writing upon appropriate forms provided by the Department, and the grounds of the appeal shall be stated clearly and concisely. Each appeal shall be accompanied by a filing fee as set forth in LAMC Table No. 4-A, located in Division 4, Article 8, Chapter IX of the LAMC.

Requests for slight modifications from any other determinations, orders or actions by the Department pursuant to this division shall be made in accordance with the procedures established in LAMC Section 98.0403.2.

91.9505.6 Recordation

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At the time that the Department serves the order described in LAMC Subsection 91.9505.1 the Department shall file with the Office of the County Recorder a certificate stating that the subject building has been determined to be within the scope of this division and that it has been ordered to be structurally analyzed and structurally altered or demolished (if the owner so decides), pursuant to LAMC Subsection 91.9504.2, if the Department determines that it does not conform to the minimum design standards of this division.

The Department shall file with the Office of the County Recorder a certificate terminating the above recorded status of the subject building if the building is thereafter demolished by owner pursuant to LAMC Subsection 91.9504.2, found not to be within the scope of this division, or is determined to be structurally capable of resisting minimum seismic forces as a result of structural alterations or analysis required by this division.

Section 91.9506 Occupant and Tenant Advisory

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91.9506.1 Notification to Tenants and Occupants

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When the Department determines that a building falls within the scope of this division, the owner shall advise all current and prospective residential and non-residential tenants, subtenants, lessees, sublessees, or any other person(s) entitled to the use and/or occupancy of the building of such determination. With respect to current and prospective residential tenants, subtenants, lessees, sublessees, or other person(s) entitled to the use and/or occupancy of the building, the property owner shall advise such persons of the Department's determination in a method and written format approved and promulgated by the Los Angeles Housing and Community Investment Department. With respect to current and prospective non-residential tenants, subtenants, lessees, sublessees, or other person(s) entitled to the use and/or occupancy of the building, the owner shall advise such persons of the Department's determination in a method and written format approved and promulgated by the Department.

91.9506.2 Tenant Habitability Plan

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If required by the Rent Stabilization Ordinance, the property owner shall be required to submit to the Los Angeles Housing and Community Investment Department a Tenant Habitability Plan pursuant to Article 2, Chapter XV of the Los Angeles Municipal Code (LAMC Section 152.03 B.). If, upon review of the Tenant Habitability Plan, it is determined by the Los Angeles Housing and Community Investment Department that work required under this division affects the tenantability of any building or residential unit as defined in California Civil Code Section 1941.1, the owner shall be required to pay relocation benefits pursuant to Article 1, Chapter XV of the Los Angeles Municipal Code (LAMC Section 151.09 G.) to any tenant, subtenant, lessee, sublessee, or other person(s) entitled to the use and/or occupancy of the building that is affected by the untenantable conditions or displaced from the residential unit. However, the mere undertaking and completion of work performed by the owner pursuant to this division shall not, in and of itself, result in any building or residential unit being deemed untenantable or uninhabitable as defined in California Civil Code Section 1941.1.

Section 91.9507 Historical Buildings

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Qualified historical buildings shall comply with requirements of the California Historical Building Code established under Part 8, Title 24 of the California Code of Regulations.

Section 91.9508 Engineering Analysis

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91.9508.1 Scope of Analysis

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This division requires the alteration, repair, replacement or addition of structural elements and their connections to meet the following requirements in this section.

91.9508.2 Building Structural Analysis, Design and Evaluation

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The building shall meet one of the following criteria:
  1. Strength of the lateral-force resisting system shall meet or exceed 75% of the seismic base shear specified in "The Equivalent Lateral Force Procedure" of the current Los Angeles Building Code. Elements not designated to be part of the lateral-force resisting system shall be adequate for gravity load effects and seismic displacement due to the full (100%) of the design story drift specified in the current Los Angeles Building Code seismic provisions.
  2. Meet or exceed the requirements specified for "Basic Performance Objective for Existing Buildings" of AASCE 41, using a Tier 3 procedure and the two level performance objective for existing buildings (BPOE) in Table 2-1 for the applicable risk category, and using ground motions and procedures established by the Department.
  3. Pursuant to LAMC Subdivision 91.104.2.6, other methods approved by the Department deemed to be equivalent to the standards set forth in Items 1 and 2 above.

Section 91.9509 Information Required on Plans

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91.9509.1 General

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For existing and new construction, the plans and specifications shall be of sufficient clarity to indicate the nature and extent of the proposed work and to show in detail that it will conform to the provisions of this division and the Los Angeles Building Code.

91.9509.2 Engineer's or Architect's Statement

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The responsible engineer or architect shall provide the following statements on the approved plans:
  1. "I am responsible for designing this building's seismic strengthening in compliance with the minimum standards of Division 95, Article 1 of the LAMC using the design criteria of 75% of ASCE 7 or ASCE 41."
and when applicable:
  1. "The Registered Deputy Inspector, required as a condition of the use of structural design stresses requiring continuous inspection, will be responsible to me as required by LAMC Section 91.1704."
  2. "Structural Observation will be performed in accordance with the current Los Angeles Building Code."

Section 91.9510 Violation/Penalty

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Notwithstanding any other provision of this Code to the contrary, it shall be unlawful for any person, firm, or corporation to maintain, use, or occupy any building within the scope of this division that fails to meet the minimum earthquake standards specified in this division after receiving an order described in LAMC Section 91.9505.

Any person who violates or causes or permits another person to violate this division is guilty of a misdemeanor, and shall be subject to prosecution and/or administrative enforcement under the Los Angeles Municipal Code. For purposes of this paragraph, "any person" includes an owner, lessor, sublessor, manager or person in control of a building subject to this division. This term shall not include any person who is merely a tenant or other individual occupying any dwelling unit, efficiency dwelling unit, guest room or suite in a building. The legal owner of a building is that person, firm, corporation, partnership or other entity whose name or title appears on the record with the Office of the County Recorder, as well as all successors or assignees of these persons.

EXCEPTION: This section shall not apply to any building on which work is proceeding in compliance with the time limits set forth in this division, or in compliance with any extensions of time granted by the Department or the Board; or any action, order or determination made by the Department or the Board in the implementation of this division.

Section 91.9511 Severability

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If any subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction or by reason of any preemptive legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this section, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
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