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The provisions of this division shall apply to all buildings constructed or under construction prior to October 6, 1933, or for which a building permit was issued prior to October 6, 1933, which on the effective date of this ordinance have unreinforced masonry bearing walls as defined herein.
EXCEPTION: This division shall not apply to detached one- or two-family dwellings and detached apartment houses containing less than 5 dwelling units and used solely for residential purposes.
(Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)
For purposes of this division, the applicable definitions in CBC Sections 1602 and 1613 and the following shall apply:
ESSENTIAL BUILDING is any building housing a hospital or other medical facility having surgery or emergency treatment areas, fire or police stations, municipal government disaster operation and communication centers.
HIGH-RISK BUILDING is any building not classified as an essential building having an occupant load, as determined by CBC Section 1004.1, of 100 occupants or more.
EXCEPTION: A high-risk building shall not include the following:
1. Any building having exterior walls braced with masonry cross walls or wood-frame cross walls spaced less than 40 feet (12 192 mm) apart in each story. Cross walls shall be full-story height with a minimum length of 1 1/2 times the story height.
2. Any building used for its intended purpose, as determined by the Department, for less than 20 hours per week.
HISTORICAL BUILDING is any building designated as an historical building by an appropriate federal, state or City jurisdiction.
LOW-RISK BUILDING is any building not classified as an essential building having an occupant load as determined by CBC Section 1004.1 of less than 20 occupants.
MEDIUM-RISK BUILDING is any building not classified as a high-risk building or an essential building having an occupant load as determined by CBC Section 1004.1 of 20 occupants or more.
UNREINFORCED MASONRY BEARING WALL is a masonry wall having all 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 (1.5 kN/m).
3. The area of reinforcing steel is less than 50 percent of that required by CBC Section 2106.1.
(Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)
The rating classifications as exhibited in Table No. 88-A are hereby established and each building within the scope of this division shall be placed in one rating classification by the Department. The total occupant load of the entire building as determined by CBC Section 1004.1 shall be used to determine the rating classification.
EXCEPTIONS:
1. For the purpose of this division, portions of buildings constructed to act independently when resisting seismic forces may be placed in separate rating classifications.
2. For the purpose of this division, to establish the rating classification of a building containing one or more artist in residence spaces, as defined in Section 91.8501 of this Code, the occupant load of each artist in residence space shall be one for each space less than 2,000 square feet (186 m2) in area and two for each space 2,000 square feet (186 m2) or more in area.
(Amended by Ord. No. 171,939, Eff. 4/15/98.)
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 earthquake standards specified in this division, the owner shall cause it to be structurally altered to conform to such standards or cause the building to be demolished.
The owner of a building within the scope of this division shall comply with the requirements set forth above by submitting to the Department for review within the stated time limits:
1. Within 270 days after the service of the order, a structural analysis. Such analysis, which is subject to approval by the Department, shall demonstrate that the building meets the minimum requirements of this division, or
2. Within 270 days after the service of the order, the structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this division, or
3. Within 120 days after service of the order, plans for the installation of wall anchors in accordance with the requirements specified in Section 91.8808.3, or
4. Within 270 days after the service of the order, plans for the demolition of the building.
After plans are submitted and approved by the Department, the owner shall obtain a building permit, and commence and complete the required construction or demolition within the time limits set forth in Table No. 88-B. These time limits shall begin to run from the date the order is served in accordance with Sections 91.8806.1 and 91.8806.2.
Owners electing to comply with Item 3 are also required to comply with Items 2 and 4, provided, however, that the 270 day period provided for in Items 2 and 4 and the time limits for obtaining a building permit, commencing construction and completing construction for complete structural alterations or building demolition set forth in Table No. 88-B shall be extended in accordance with Table No. 88-C. Each such extended time limit, except the time limit for commencing construction, shall begin to run from the date the order is served in accordance with Section 91.8806.2. The time limit for commencing construction shall commence to run from the date the building permit is issued.
(Amended by Ord. No. 171,175, Eff. 7/25/96.)
91.8806.1. Service of Order. (Amended by Ord. No. 171,939, Eff. 4/15/98.) When the Department determines that a building is within the scope of this division, the owner shall comply with Section 91.8805. If the owner does not comply, the Department shall issue an order, as provided in Section 91.8806.2, to the owner of each building with the minimum time periods for service of such orders set forth in Table No. 88-C. The minimum time period for the service of such orders shall be measured from the effective date of this division. The Department shall, upon receipt of a written request from the owner, order a building to comply with this division prior to the normal service date for such building as set forth in this section.
91.8806.2. Contents of Order. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment, and upon the person, if any, in apparent charge or control of the building. 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 of this division. The order shall specify the rating classification of the building and shall be accompanied by a copy of Section 91.8805, which sets forth the owner’s alternatives and time limits for compliance.
91.8806.3. Appeal From Order. The owner or person in charge or control of the building 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 described in Section 91.8806.2. 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 therefor by the Department, and the grounds thereof shall be stated clearly and concisely. Each appeal shall be accompanied by a filing fee as set forth in Table No. 4-A of Division 4 of Article 8 of Chapter IX of the Los Angeles Municipal Code.
Appeals or 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 Section 98.0403.2 of the Los Angeles Municipal Code.
91.8806.4. Recordation. (Amended by Ord. No. 171,939, Eff. 4/15/98.) At the time that the Department serves the aforementioned order, the Department shall file with the Office of the County Recorder a certificate stating that the subject building is within the scope of this division. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it when the Department determines the building is not in compliance with this division.
If the building is either demolished, found not to be within the scope of this division, or is structurally capable of resisting minimum seismic forces required by this division as a result of structural alterations or an analysis, the Department shall file with the Office of the County Recorder a certificate terminating the status of the subject building as being classified within the scope of this division.
91.8806.5. Enforcement. If the owner or other person in charge or control of the subject building fails to comply with any order issued by the Department pursuant to this division within any of the time limits set forth in Section 91.8805, the Department may order that the entire building or a portion thereof be vacated and that the building or a portion thereof remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated or such additional time as may have been granted by the Board, the Superintendent may order its demolition in accordance with the provisions of Section 91.8903 of this Code.
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