California Legislature—2013–14 Regular Session

Assembly Bill No. 2181

Introduced by Assembly Member Bloom

February 20, 2014

An act to amend Sections 19160, 19161, 19162, and 19163 of the Health and Safety Code, relating to building standards.

LEGISLATIVE COUNSEL’S DIGEST

AB 2181, as introduced, Bloom. Building standards: seismic retrofit.

Existing law authorizes a city, city and county, or county to establish, by ordinance, building seismic retrofit standards applicable to the seismic retrofit of any buildings identified, as specified, by the city, city and county, or county as being hazardous to life if an earthquake occurs. Existing law identifies specified types of buildings as potentially hazardous under these provisions, including certain unreinforced masonry buildings and specified woodframe, multiunit residential buildings constructed before January 1, 1978.

This bill would additionally authorize each city, city and county, or county to require that owners assess the earthquake hazard of soft story and older concrete buildings, and would include concrete residential buildings that were constructed prior to the adoption of local building codes that ensure ductility, as specified, as potentially hazardous if an earthquake occurs. The bill would authorize a city, city and county, or to employ seismic evaluation of older concrete residential buildings to address individual seismically hazardous buildings without regard to how the buildings came to the attention of its officials. The bill would require the seismic retrofit of a concrete residential building identified as potentially hazardous to comply with the recommendations of a qualified expert, with nationally recognized research recommendations, or with a nationally recognized model cake, as specified.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 19160 of the Health and Safety Code is
amended to read:

19160.  

The Legislature finds and declares that:

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(a) The harmful effects of future earthquakes can be reduced
through sound retrofitting programs, also known as reconstruction
programs.

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(a)

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begin insert (b) end insert begin insert   end insert Because begin delete of end delete the begin delete generally acknowledged fact end delete begin insert United States
Geological Survey predicts a greater than 99 percent likelihood end insert
that California will experience moderate to severe earthquakes begin delete in
the foreseeable future end delete begin insert before 2038 end insert , increased efforts to reduce
earthquake hazards should be encouraged and supported.

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(b)

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begin insert (c) end insert begin insert   end insert Tens of thousands of buildings subject to severe earthquake
hazards continue to be a serious danger to the life and safety of
hundreds of thousands of Californians who live and work in them
in the event of an earthquake. begin insert The buildings themselves are also
at risk. end insert

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(c)

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begin insert (d) end insert begin insert   end insert Improvement of safety to life is the primary goal of building
reconstruction to reduce earthquake hazards.

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(e) Because every dollar spent on mitigation saves several
dollars in future postdisaster expenditures, a second major goal
is to reduce public costs for disaster relief.

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(d)

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begin insert (f) end insert begin insert   end insert In order to make begin delete building end delete begin insert the evaluation and end insert reconstruction
begin insert of buildings that are at high risk of seismic failure end insert economically
feasible begin delete for end delete , and to begin delete provide improvement of end delete begin insert improve end insert the safety of
life in begin delete , seismically hazardous end delete begin insert these end insert buildings, building standards
enacted by local government for building reconstruction may differ
from building standards which govern new building construction.

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(g) Because higher costs will discourage necessary
reconstruction, the standards that govern new buildings should
not apply to reconstruction unless they are needed to achieve the
desired increase in seismic capacity.

end insert begin insert

(h) “Older concrete residential buildings,” also known as
“nonductile concrete residential buildings” and “pre-1980
concrete residential buildings,” are a subset of concrete buildings
that may be unable to resist earthquake motion. They include
lift-slab buildings with concrete lateral force resisting systems.

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(i) These buildings were a prevalent construction type in highly
seismic zones prior to the mid-1970s, are an important component
of the state’s housing stock, and are in jeopardy of being lost in
the event of a major earthquake.

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(j) The California Office of Emergency Services reports that
concrete buildings, particularly older ones with high numbers of
occupants, can collapse and kill hundreds, and are the fastest
growing cause of earthquake losses around the world.

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(k) During an earthquake, older concrete residential buildings
may create dangerous conditions, as illustrated by the catastrophic
damage or collapse of older concrete buildings in the earthquakes
of San Fernando, Loma Prieta, and Northridge, California (1971,
1989, and 1994), Kobe, Japan (1995), Chi Chi, Taiwan (1999),
Kocaeli, Duzce, and Bingol, Turkey (1999, 1999, and 2003),
Sumatra (2005), Pakistan (2005), Sichuan, China (2008), Haiti
(2010) and Christchurch, New Zealand (2011).

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(l) California instituted building code changes in the mid-1970s
to prevent these problems in future construction, but four decades
later, the great majority of California’s concrete buildings that
were constructed before these changes have still not been evaluated
or retrofitted.

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(m) The assistance of the public is necessary in identifying older
concrete buildings, because no accurate inventory of older concrete
buildings exists, and none can be compiled by external appearances
or an examination of public records.

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(n) Once identified, older concrete buildings must be evaluated
individually by a qualified architect or engineer to assess their
seismic capacity and whether reconstruction is necessary.

end insert begin insert

(o) The failure of older concrete apartment buildings is likely
to be the source of a disproportionate share of the public shelter
population in areas of the state where they are occupied by the
very poor, the very old, and the very young.

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(e)

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begin insert (p) end insert begin insert   end insert “Soft story” residential buildings are a subset of multistory
woodframe structures that may have inadequately braced lower
stories that may not be able to resist earthquake motion.

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(f)

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begin insert (q) end insert begin insert   end insert Soft story residential buildings are an important component
of the state’s housing stock and are in jeopardy of being lost in the
event of a major earthquake.

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(g)

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begin insert (r) end insert begin insert   end insert Soft story residential buildings were responsible for 7,700
of the 16,000 housing units rendered uninhabitable by the Loma
Prieta earthquake and over 34,000 of the housing units rendered
uninhabitable by the Northridge earthquake.

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(h)

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begin insert (s) end insert begin insert   end insert During an earthquake, soft story residential buildings may
create dangerous conditions as illustrated in the Northridge
Meadows apartment failure that claimed the lives of 16 residents.

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(i)

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begin insert (t) end insert begin insert   end insert The collapse of soft story residential buildings can ignite
fires that threaten trapped occupants and neighboring buildings
and complicates emergency response.

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(j)

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begin insert (u) end insert begin insert   end insert The Association of Bay Area Governments (ABAG)
estimates that soft story residential buildings will be responsible
for 66 percent of the uninhabitable housing following an event on
the Hayward fault.

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(k)

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begin insert (v) end insert begin insert   end insert The failure of soft story residential buildings is estimated
by ABAG to be the source of a disproportionate share of the public
shelter population because they tend to be occupied by the very
poor, the very old, and the very young.

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(l)

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begin insert (w) end insert begin insert   end insert The Seismic Safety Commission has recommended that
legislation be enacted to require state and local building code
enforcement agencies to identify potentially hazardous buildings
and to adopt mandatory mitigation programs that will significantly
reduce unacceptable hazards in buildings by 2020.

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(m)

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begin insert (x) end insert begin insert   end insert The current nationally recognized model begin delete code end delete begin insert codes end insert relating
to the retrofit of existing buildings begin delete is Appendix Chapter A4 of end delete begin insert are end insert
the International Existing Building Code begin insert and the Seismic
Evaluation and Retrofit of Existing Buildings by the American
Society of Civil Engineers end insert . However, it is not the intent of the
Legislature, if other begin insert research-based recommendations or end insert model
codes relating to the retrofit of existing buildings are developed,
to limit the California Building Standards Commission or a local
government, pursuant to Section 19162, to adopting a particular
begin insert research-based recommendation or end insert model code. begin insert Equally, the
Legislature does not intend for local governments to delay needed
evaluation and retrofitting programs in the hope that improved
methods to evaluate and retrofit buildings may be developed.
Rather, the Legislature finds that existing scientific knowledge
permits immediate evaluations and retrofitting of older concrete
buildings to significantly increase the safety of life in and reduce
earthquake damage to seismically hazardous older concrete
buildings. end insert

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(n)

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begin insert (y) end insert begin insert   end insert Therefore, it is the intent of the Legislature to encourage
cities and counties to address the seismic safety of begin insert end insert begin insert older concrete
residential buildings and end insert soft story residential buildings begin delete and
encourage local governments to initiate efforts end delete begin insert by encouraging
and imitating programs to inform owners, residents, and the public
about the dangers of these potentially hazardous buildings,
mandate their evaluation at owner expense, and require retrofitting end insert
to reduce the seismic risk in begin delete vulnerable soft story residential
buildings end delete begin insert those that are unacceptably hazardous end insert .

SEC. 2.  

Section 19161 of the Health and Safety Code is
amended to read:

19161.  

(a) Each city, city and county, or county, may assess
the earthquake hazard in its jurisdiction begin insert or require that owners
assess the earthquake hazard of soft story and older concrete
buildings, end insert and begin insert thereby end insert identify buildings subject to its jurisdiction
as being potentially hazardous to life in the event of an earthquake.
Potentially hazardous buildings include begin insert , but are not limited to, all
of end insert the following:

(1) Unreinforced masonry buildings constructed prior to the
adoption of local building codes requiring earthquake resistant
design of buildings that are constructed of unreinforced masonry
wall construction and exhibit any of the following characteristics:

(A) Exterior parapets or ornamentation that may fall.

(B) Exterior walls that are not anchored to the floors or roof.

(C) Lack of an effective system to resist seismic forces.

(2) Woodframe, multiunit residential buildings constructed
before January 1, 1978, where the ground floor portion of the
structure contains parking or other similar open floor space that
causes soft, weak, or open-front wall lines, as provided in a
nationally recognized model code relating to the retrofit of existing
buildings or substantially equivalent standards.

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(3) Concrete residential buildings, including lift-slab buildings
with concrete lateral force resisting systems, that were constructed
prior to the adoption of local building codes that ensure ductility.

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(b) Structural evaluations made pursuant to this section shall
be made by an architect as defined in Section 5500 of the Business
and Professions Code, or a civil or structural engineer registered
pursuant to Chapter 7 (commencing with Section 6700) of Division
3 of the Business and Professions Code, or staff of the enforcing
agency, as described in Section 17960, supervised by an architect
or civil or structural engineer authorized by this subdivision to
make the structural evaluations.

SEC. 3.  

Section 19162 of the Health and Safety Code is
amended to read:

19162.  

(a) Notwithstanding the provisions of Section 19100
or 19150 or any other provision of law, the governing body of any
city, city and county, or county may, by ordinance, establish
building seismic retrofit standards applicable to the seismic retrofit
of any buildings identified pursuant to paragraph (1) of subdivision
(a) of Section 19161 by the city, city and county, or county as
being potentially hazardous to life in the event of an earthquake.

(b) (1) Notwithstanding the provisions of Section 19100, 19150,
or any other provision of law, the governing body of any city, city
and county, or county may, by ordinance, establish building seismic
retrofit standards applicable to the seismic retrofit of any buildings
identified pursuant to paragraph (2) of subdivision (a) of Section
19161 by the city, city and county, or county as being potentially
hazardous to life in the event of an earthquake. Any standards
established pursuant to this section shall apply until the effective
date of building standards adopted by the California Building
Standards Commission relating to the retrofit of existing buildings,
if any, at which time the standards adopted by the commission as
amended by the city, county, or city and county pursuant to Section
17958.5 shall apply.

(2) A local ordinance establishing building seismic retrofit
standards applicable to soft story residential structures adopted
before January 1, 2006, shall remain in full force and effect until
the effective date of building standards adopted by the California
Building Standards Commission relating to the retrofit of existing
buildings unless the city, county, or city and county after January
1, 2006, adopts an ordinance pursuant to paragraph (1).

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(c) Notwithstanding the provisions of Section 19100 or 19150
or any other provision of law, the governing body of any city, city
and county, or county may do both of the following:

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(1) Employ seismic evaluations of older concrete residential
buildings, including lift-slab buildings with concrete lateral force
resisting systems, to address individual seismically hazardous
buildings, without regard to how these buildings came to the
attention of its officials.

end insert begin insert

(2) Establish, by ordinance, building seismic retrofit standards
applicable to the seismic retrofit of any of these buildings that are
potentially hazardous to life in the event of an earthquake. Any
standards established pursuant to this paragraph shall apply until
the effective date of applicable building standards adopted by the
California Building Standards Commission relating to the retrofit
of existing buildings, if any, at which time the standards adopted
by the commission as amended by the city, city and county or
county pursuant to Section 17958.5 shall apply.

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(c)

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begin insert (d) end insert begin insert   end insert Building seismic retrofit standards adopted pursuant to this
section may be applied uniformly throughout the city, city and
county, or county, or may be applied in specific areas designated
by the city, city and county, or county begin insert , or to specific buildings
within the city, city and county, or county if those buildings are
those described in paragraph (3) end insert begin insert   end insert begin insert of subdivision (a) end insert begin insert   end insert begin insert of Section
19161 end insert .

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(d)

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begin insert (e) end insert begin insert   end insert For purposes of this chapter, “seismic retrofit” means either
structural strengthening or providing the means necessary to modify
the seismic response that would otherwise be expected by an
existing building during an earthquake, to significantly reduce
hazards to life and safety while also providing for the substantial
safe ingress and egress of the building occupants immediately after
an earthquake.

SEC. 4.  

Section 19163 of the Health and Safety Code is
amended to read:

19163.  

Any local ordinance adopted pursuant to Section 19162
shall require the following:

(a) Any seismic retrofit of any building identified pursuant to
paragraph (1) of subdivision (a) of Section 19161 as being
hazardous to life in the event of an earthquake shall provide for
the reasonable adequacy of all of the following:

(1) Unreinforced masonry walls to resist normal and inplane
seismic forces.

(2) The anchorage and stability of exterior parapets and
ornamentation.

(3) The anchorage of unreinforced masonry walls to the floors
and roof.

(4) Floor and roof diaphragms.

(5) The development of a complete bracing system to resist
earthquake forces.

(b) Any seismic retrofit of any building identified pursuant to
paragraph (2) of subdivision (a)  of Section 19161 as potentially
hazardous shall comply with a nationally recognized model code
relating to the retrofit of existing buildings or substantially
equivalent standards. If the city, county, or city and county adopts
local amendments to those provisions, it shall determine that the
amendments are consistent with Section 17958.5.

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(c) Any seismic retrofit of any building identified pursuant to
paragraph (3) of subdivision (a) of Section 19161 as potentially
hazardous shall comply with the recommendations of a qualified
expert under paragraph (b) of Section 19161 or with nationally
recognized research recommendations, a nationally recognized
model code relating to the retrofit of existing buildings, or
substantially equivalent standards. If the city, city and county, or
county adopts local amendments to those provisions, it shall
determine that the amendments are consistent with Section 17958.5.

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(c)

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begin insert (d) end insert begin insert   end insert Seismic retrofit of any building or portions of any building
shall be designed to resist and withstand the seismic forces from
any direction as set forth in the building seismic retrofit standards
using the allowable working stresses adopted pursuant to this
article.

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(d)

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begin insert (e) end insert begin insert   end insert The governing board of any city, city and county, or county
may establish, by ordinance, standards and procedures to fulfill
the intent of paragraph (2) of subdivision (a) without regard to
the remainder of the requirements specified above.