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Los Angeles City Council Unanimously Approves Earthquake Retrofitting Ordinance
Practical Law Legal Update w-000-6907 (Approx. 3 pages)
Los Angeles City Council Unanimously Approves Earthquake Retrofitting Ordinance
by Practical Law Real Estate
| Published on 21 Oct 2015 • California |
New earthquake retrofitting ordinance to affect thousands of buildings in Los Angeles.
On October 9, 2015, the Los Angeles City Council voted 12-0 to approve an ordinance that will require mandatory earthquake retrofitting for non-ductile concrete buildings and wood frame buildings with soft, weak or open-front walls located in within the City of Los Angeles. According to estimates, the ordinance will affect almost 15,000 buildings citywide.
Under the ordinance, the Department of Buildings and Safety (DBS) will issue orders mandating earthquake retrofitting to the owners of the affected buildings. Upon receipt of the order, owners are required to either:
- Produce an evaluation that indicates that the building meets the minimum earthquake standards set forth in the ordinance.
- Retrofit the building within the timeframes provided for in the ordinance.
No action is required by a building owner until receipt of a DBS order. Upon receipt of a DBS order, however, owners are required to notify all residential and non-residential tenants that the building has been determined to fall within the scope of the ordinance.
Wood Frame Buildings with Soft, Weak or Open-Front Walls
The new ordinance applies to all wood frame construction buildings where:
- The building permit was applied for before January 1, 1978.
- The structure was built under building code standards enacted before January 1, 1978.
- The ground floor of the building contains parking or other similar open space, and there is one or more stories above.
Priority will be given to those buildings containing 16 or more dwelling units.
Owners of this type of building must submit either an analysis that shows compliance with the earthquake standards laid out in the ordinance or plans to retrofit the building in order to achieve compliance.
Permits for retrofitting must be obtained within two years after receipt of the DBS order and all alterations must be completed within seven years after receipt.
Non-Ductile Concrete Buildings
The new ordinance also applies to all non-ductile concrete buildings either:
- Built pursuant to a building permit application that was submitted before January 13, 1977 .
- Built under building code standards enacted before January 13, 1977.
Owners of these buildings have 60 days from receipt of a DBS order to file an appeal challenging the determination that the building falls within the scope of the ordinance, and then three years after receipt to complete a DBS checklist used to determine the building’s status.
If the DBS makes a final determination that the building falls within the purview of the ordinance, the owner will have ten years to either:
- Show that the building already meets the standards set forth in the ordinance.
- Show that the building has been retrofitted to comply with the standards set forth in the ordinance.
- Provide the DBS with plans for future retrofitting or demolition.
All retrofitting or demolition work must be completed within 25 years after receipt of the DBS order.