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O1945 CA F \BLDGSAF\ADMIN\ca wpd City Council Meeting 6-08-99 Santa MOnica, California ORDINANCE NUMBER 1945 (CCS) (City Council Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE CALIFORNIA BUILDING STANDARDS CODE AND THE SANTA MONICA AMENDMENTS TO THE CALIFORNIA BUILDING STANDARDS CODE, ADOPTING OTHER TECHNICAL CODES, INCLUDING THE UNIFORM HOUSING CODE, UNIFORM ADMINISTRATIVE CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AND THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, ADOPTING NEW TECHNICAL STANDARDS FOR THE EXISTING SEISMIC RETROFIT REQUIREMENTS, AND CLARIFYING THE NUISANCE ABATEMENT ORDINANCE, AND DECLARING THE PRESENCE OF AN EMERGENCY WHEREAS, on December 12, 1995, the City Council adopted Ordinance Number 1835 (CCS), which adopted by reference certain Technical Codes, the Santa MOnica local amendments to these Techmcal Codes and the Callforma BUilding Standards Code, and WHEREAS, Health and Safety Code SectIon 18938 proVides that the triennial edition of the California BUildIng Standards Code establishes building standards for all occupancies throughout the State and reqUIres that these standards Incorporate the latest editions of the Technical Codes wIth necessary California amendments, and WHEREAS, In January of 1999, the State BUilding Standards CommiSSIon approved and published the 1998 edition of the California BUilding Standards Code, which Incorporated the 1996-1997 editIons of the T echmcal Codes by reference With necessary California amendments, and WHEREAS, Health and Safety Code SectIOns 18938 and 17958 make the California BUildIng Standards Code applicable to all CitIes and counties throughout California, Including the City of Santa Monrca, 180 days after publication by the State BUilding Standards CommissIon, which IS July 1.1999, and WHEREAS, Health and Safety Code Section 18941 5 proVides that the City may establish more restrrctlve bUilding standards If they are reasonably necessary due to local climatiC, geological or topographical conditIons, and WHEREAS, the City Council has conSidered the 1998 edition of the California BUlldmg Standards Code, whIch mcorporates by reference the 1996-1997 editions of the Technical Codes, and all of the referenced standards, tables, matrices and appendices of each of these codes therein, and WHEREAS, based upon the findings contained In the ResolutIon adopted concurrently With thiS Ordinance, the City Council has found that certain modifications and additions to the CalifornIa BUilding Standards Code are reasonably necessary based upon local climatic, topographical and geological conditions, and WHEREAS, on September 29,1992, the City CouncIl adopted Ordinance Number 1650 (CCS) which adopted mandatory seismiC retrofit requirements for eXlstmg bUlldmgs constructed of unremforced masonry, and on June 21, 1994, the City CouncIl adopted Ordinance Number 1748 (CCS), which adopted mandatory seismiC retrofit reqUirements for eXisting bUildings constructed of tIlt-up concrete walls, soft story construction, non- ductIle concrete and steel frame bUlldmgs, and ""I .<... WHEREAS, contmued study of bUlldmgs damaged dUring the Northndge Earthquake has led to Improvements In seismIC retrofIt technology that better Identrfy the types of eXlstmg bUildings that are vulnerable to earthquakes and economic methods to rehabll\tate them, and WHEREAS, by incorporating the latest seismIC retrofit standards and scope of bUlldmgs Into the City's eXistIng reqUIrements, the latest and most effective standards will be Implemented Into design and construction so that the public health and welfare will be better protected, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS Section 1 Chapter 8 04 of the Santa MOnica Municipal Code IS hereby amended to read as fo 1I0ws Chapter 8.04 Technical Codes. 8.04.010 Codes Generally. (a) No person shall erect, construct, enlarge, alter, repair, move, remove, convert, demolish, occupy, equIp, use or maintain any bUIlding or structure, mobIle home or traIler, or fIxture attached thereto, or commence or perform any gradmg, or Import or export any earth materials to or from any site, In Violation of any condlt\on, proVISIon or regulation contamed m any of the technical codes referred to In any of the chapters of Article VIII of the MUntclpal Code and adopted therein. 3 (b) Three copies of each set of technical codes, as amended. deleted, or modified therein, shall be on fIle In the office of the City Clerk for use and examination by the public 8.04.020. Application. (a) Anyvlolatlon ofthe UmformAdmlnlstratlve Code, Uniform HOUSIng Code, Uniform Code for the Abatement of Dangerous BUlldmgs, Umform SWimming Pool, Spa and Hot Tub Code, CalifornIa BUildIng Standards Code, State HOUSIng Law, MobIle Home Parks Act or local amendments thereto adopted In Article VIII of the Municipal Code shall be a misdemeanor as prOVided for In Section 1 08 010 of thiS Code (b) Amendments to the codes referenced In Subsection (a) above shall not In any manner affect the prosecution for Violations thereof, which Violations were committed pnor to the effective date of the ordmance adopting the Section and shall not affect any prosecution or acbon which may be pendmg In any court for the ViolatIon of any of the proVISions thereof As to any such Violation or as to any such prosecution or pending prose- cution or action, the codes referenced In Subsection (a) above and local amendments thereto In effect pnor to the adoption of the ordmance adopting thIS Section shall be deemed to continue and be In full force and effect (c) The provIsions of the codes referenced In SubsectIon (a) above and local amendments thereto, Insofar as they are substantially the same as the proVISIOns In effect prior to the adoption of the ordmance adoptmg thiS 4 Section, shall be construed as restatements and continuations and not as new enactments (d) The provIsions of this Article that affect the Uniform Administrative Code, Uniform Housing Code, UnIform Code for the Abatement of Dangerous BUlldmgs, Uniform SWimming Pool, Spa and Hot Tub Code, California BUilding Standards Code. State Housing Law, Mobile Home Parks Act or local amendments thereto adopted m Article VIII are adopted pursuant to Article XI, Section 7 of the California Constitution, In additIon to the authOrity contained In the Health and Safety Code, and are adopted to protect the public health, safety and welfare of the City (e) The preamble to the ordinance adoptmg the Chapters In Article VIII, and the Resolution adopted by the City CounCIl concurrently therewith, should be consulted for further findmgs, background and legIslative history Section 2 Chapter 8 08 of the Santa MOnica MUnicipal Code IS hereby amended to read as follows Chapter 8.08 Administrative Code. 8.08.010 Administrative Code Generally. (a) Adoption. Those certam documents or portions of documents entitled (1) California BUIlding Standards AdminIstratIve Code, 1998 EditIOn, as published by the California BUilding Standards Commission and the 5 International Conference of BUilding Officials, and (2) Chapter 1-Admmlstratlon of the California BUlldmg Code, 1998 Edition, as published by the California BUlldmg Standards Commission and the International Conference of BUlldmg Officials, and (3) Chapter 1-Admlnlstratlon of the CalifornIa Mechanical Code, 1998 Edition, as published by the California BUilding Standards Commission and the International Conference of BUIlding OffiCials, and (4) Chapter 1-Admlmstratron of the California Plumbing Code, 1998 EditIon, as published by the California BUlldmg Standards Commission and the International ASSOCiation of Plumbmg and Mechamcal Officials, and (5) Article 89-Admmlstratlon of the Callforma Electrical Code, 1998 Edition, as published by the California BUilding Standards Commission and the NatIonal Fire ProtectIon ASSOCiation, and (6) Umform Administrative Code, 1997 Edition, as published by the International Conference of BUilding OffiCials, are hereby adopted, together with the amendments ofthls chapter, as the Administrative Code of the City of Santa MOnica (b) Conflicts between any ofthe administrative prOVISions of any ofthe codes listed In Subsection (a) above, shall be resolved pursuant to Section 104 ofthe Umform Administrative Code,1997 Edition, Conflicting ProviSions (c) Where amendments are made to any prOVISion of the codes listed In Subsection (a) above, these amendments shall also be conSidered 6 amendments to the administrative provIsions of all of the T echmcal Codes adopted In Article VIII of the MUnicipal Code (d) Local amendments to the aforementioned Uniform Administrative Code, 1997 EditIon, and related adminIstrative portions of the Callforma BUlldmg Code, California Mechanical Code, California Plumbing Code, and Callforma Electrical Code are set forth below 8.08.020 Boards of Appeal. Section 204 1 of the Uniform Administrative Code, Section 105 1 of the CalifornIa BUilding Code, and Section 110 1 of the Callforma Mechanical Code, are hereby amended to read as follows Boards of Appeal. In order to provide for reasonable interpretatIons of the bUilding standards contained In these Codes, and to determine the SUitability of alternates, there shall be created appropnate Boards of Appeal conslstmg of members who are qualified by experience and trammg to pass upon matters pertaining to bUilding construction and the techmcal diSCiplines therein The BUlldmg Officer or hiS or her deSignee shall be an ex-offiCIO member of each such board created and shall act as secretary Members of the Boards of Appeal shall be appoInted by the City CounCil to serve a term of four (4) years unless removed for cause No board member shall hold any paid office With the City Said Boards of Appeal shall adopt reasonable rules and regulations for conductmg mvestlgatlons and busmess and shall render all deCISIons and 7 findings In writing to the responsIble official and appellants Said Boards may also recommend to the appOlntmg authonty such new legislation as IS consistent therewith Pursuant to Section 1002 of the Santa MOnica City Charter there are hereby created the following Boards of Appeal 1. Building and Safety Commission. The BUlldmg and Safety Commission shall be composed of five qualified members as follows one State of Callforma licensed architect, one State of California registered CIVil or structural engineer, one State of California licensed building contractor, and two public members The JUriSdiction of this Board shall be limited to hearing appeals on the Interpretation of bUilding standards and the eqUivalency of alternatives for Items regulated In the Technical Codes The Board shall have no jUrisdictIon over matters reserved for any other board herein or under any abatement proceedmgs Initiated under Chapters 8 84, 888, 8 92 or 8 96 of Article VIII of this Code or theIr successors 2. Accessibility Appeals Board. Pursuant to California Health and Safety Code Section 19957 5, the Accesslblhty Appeals Board shall contain a minimum of two physically disabled members, two members experienced In construction. and one public member The two members experienced In construction and one publiC member shall be members of the BUilding and Safety CommiSSion The Junsdlctlon of this Board shall be limited to hearing of appeals of 8 the interpretatIon of accessibility code standards, equIvalent facIlitation and hardship exemptions for accessIbility Items regulated In any of the TechnIcal Codes as adopted, including the State Historical BUlldmg Code The BUIlding Officer shall have authority to promulgate and or adopt administrative regulations governmg the appeal of orders, decIsions and determmatlons of the BUlldmg OffIcer except for those subject to the JurrsdlctlOn of the NUisance Abatement Board under provIsions of Chapters 8 84, 8 88, 8 92 or 896 of thiS Code 8.08.030 Plan Review Expiration. Section 304 4 of the Uniform AdminIstrative Code, SectIon 107 4 of the California BUilding Code, Section 115 4 of the California Mechanical Code, and Section 103 4 3 of the Calrforn la Plumbmg Code are amended to read as follows Expiration of Plan Review. ApplicatIons for which no permit IS Issued within 180 days follOWing the date of appllcatron shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the BUilding Officer The BUlldmg OffIcer may extend the tIme for actron by the applIcant for a penod not exceedmg 180 days on wntten request of the applicant pnor to the expiration date shOWing that circumstances beyond the control of the applicant have prevented actIOn from being taken An apphcatlon shall not be extended more than once 9 An applicatIon shall not be extended If this code or any pertinent laws or ordmances have been amended subsequent to the date of applicatIon In order to renew action on an applIcation after eXpiration, the applicant shall resubmit plans and pay a new plan revIew fee unless otherwise approved by the BUilding Officer The BUIlding Officer may renew an expired application for a permit WIthout reqUiring the re-submlttal of plans and payment of a plan review fee provided (1) no changes have been made or will be made to the original plans and specifIcatIons except as requIred by the origInal plan reView, and (2) no pertment laws or ordInances have been amended subsequent to the date of anginal application, and (3) the time allowed to obtam the permit does not exceed one year from the date of original applIcation, and (4) any approvals granted under Artlcfe IX of the Munrclpal Code are stili valid and have not expIred 8.08.040 Permits Required. Section 301 1 of the Unrform Administrative Code, Section 106 1 of the CalifornIa Building Code, SectIon 112 1 of the California Mechanical Code, and Section 103 1 1 of the California Plumbing Code are amended to read as follows Permits Required. Except as speCified In Section 301 2 of the 10 Uniform Administrative Code or In admlntstrattve gUidelines to be established by the BUilding Officer, no bUilding, structure or bUildIng servIce equipment regulated by thiS code shall be erected, constructed, enlarged, altered, repaIred, moved, Improved, removed, converted or demolished unless a separate, appropnate permit for each bUilding structure or bUilding service equIpment has first been obtaIned from the BUlldmg Officer No person shall do any extenor sandblastmg within the City without first obtammg a permit A permit shall be required for each separate work locatIon or contractor. 8.08.050 Permit Issuance. Section 303 1 of the Uniform Administrative Code and Section 106 4 1 of the California BUilding Code are amended by addmg thereto as follows No bUilding permIt or demolition permit shall be Issued by the City for any development that reqUires a coastal development permIt under the California Coastal Act of 1976, Public Resources Code SectIons 30000 et seq , untIl such time as a coastal development permit has been Issued for such development 8.08.060 Permit Expiration, Extension and Renewal. Section 303 4 ofthe Uniform Administrative Code, Section 106 4 4 of the CalifornIa BUilding Code, Sections 1144 1 and 11442 of the CalifornIa Mechanical Code, and Section 103 34 ofthe California PlumbIng Code are amended to read as follows 1 ] (a) Expiration Every permit Issued under the provIsions of this Code expires by limitation and becomes null and vOid when any of the following circumstances IS applicable (1) If the bUlldmg or work authonzed by such permIt IS not started wlthm 180 days from the date of permit Issuance, (2) If the bUilding or work authonzed IS suspended or abandoned at any time after the work has started, for a perrod of 180 days or more (3) In addition to SubsectIons (1) and (2) above, every bUlldmg, grading or project permit issued under the provisions of this Code expires by limitation and becomes null and VOid when the time allowed to complete aU work authOrized by the permit exceeds the following time penods based on valuation Valuation Time Aflowed* Under $300,000 12 months $300,001 to $1,000,000 24 months $1,000,001 to $5,000,000 30 months $5,000,001 to $20,000,000 36 months Over $20,000,000 _ 48 months * Exception For permits With a valuation of $2.500,000 or more, the time allowed to complete work authOrized by the permit may be Increased by the Burldlng Officer by up to 50 percent (4) EXpiration of time allowed to commence or complete the work 12 required by any order of the NUisance Abatement Board or the BUilding Officer (b) Extensions. An extensIon of time from the stated periods In subsection (3) above may be permItted for good reason, prOVIded such requests are submitted to the BUilding Officer m wntlng pnor to permit eXpiration The wntten request must demonstrate that (1) Due to circumstances beyond the owner's or permIttee's control, construction could not be commenced or completed In the authorized time period, (2) Substantial progress has been made, (3) The condition ofthe property presents no health or safety hazard, and (4) The contInued delay Will not create any unreasonable VIsual or phYSical detnment to the neighborhood The decIsion of the BUilding Officer may be appealed to the Director of Plannmg and Community Development, whose deCISion shall be final Any such appeal shall be filed withIn 7 days of the deCISion of the BUlldmg OffIcer, and shall be In wrltmg Unless approved by the Director of Plannmg and Community Development, based upon unusual Circumstances presentmg a Unique hardship to the applicant, the time penods set forth In subsections (1) and (2) above may be extended no more than once, and the time penod set forth In 13 In Subsection (3) may be extended no more than three times Each extension of tIme shall not exceed 180 days (c) Renewal. Before any work authorized under an expired permit can be recommenced, all new project permits shall be first obtained to do so, and the fee therefor shall be based on valuatIon of remaining construction not previously Inspected and approved, prOVided, no changes have been made or will be made In the anginal plans and speCificatIons for such work, and prOVided, further, that for bUilding, gradIng or project permIts, the total tIme to complete such work, IncludIng suspensIon or abandonment, has not exceeded the time allowed In Item 3 of Subsection (a) above In order to renew action or permit after expiration of the time allowed m Item 3 of Subsection (a) above, the permittee shall pay a new full permit and plan revIew fee 8.08.070 Suspension or Revocation of Permits. Section 303 5 of the Uniform Administrative Code SectIon 106 4 5 of the California BUilding Code, Section 1145 of the California Mechanical Code, and Section 10335 of the CalIfornia Plumbmg Code are amended to read as follows Suspension or Revocation The BUilding Officer may, In writing. suspend or revoke a permit Issued under the proVISions of thIs code whenever the permit has been Issued In error, or on the basIs of mcorrect mformat,on supplred, or m ViolatIon of any ordmances or regulations or any 14 provision of this code Any permit Issued for which less than the correct permit and plan checkmg fees were paid shall be consIdered an Invalrd permit and shall be suspended untIl the complete bill of fees has been paid FaIlure to pay the correct fees shall be sufficient grounds for denial of any required inspection or Issuance of a temporary or permanent certificate of occupancy The BUilding Officer may also, In writing, suspend or revoke a permit when constructIon or demolition activity (1) is In violation of any provision of the approved plans, Technical Codes or any other provIsion of the City's MunIcipal Code which IS applicable to thiS work, including but not limIted to exterior nOise standards and permItted hours of operatIon pursuant to Sections 4 12 130 and 4 12 140 of the Municipal Code (2) IS In Violation of any local condition of approval, Including but not Irmlted to. reqUired constructIon mItIgation measures for occupIed bUildings and adjacent properties (3) has created a safety hazard for adjacent propertIes or the public way, as determined by the BUilding Officer 8.08.080 Fees. Sections 3042 and 3043 of the Uniform Administrative Code, Sectrons 1072 and 1073 of the California BUilding Code, Sections 1152, and 115 3 of the California MechanIcal Code, and Sections 103 4 1 and 15 103 4 2 of the California Plumbing Code relating to permit and plan review fees, are amended to read as follows (a) Permit Fees. The fee for each permit shall be as set forth by Resolution of the City Council The determination of value or valuation under any of the provISions of these codes shall be made by the BUilding Officer The value to be used In computing the bUlldmg permit and bUlldmg plan review fees shall be the total value of all construction work for whIch the permit IS Issued as well as all finish work, painting. roofing, electncal, plumbing, heating. aIr-conditioning, elevators, fire-extinguishing systems and any other permanent eqUIpment (b) Plan and Report ReView Fees When submittal documents are required by any of the Technical Codes, a plan review fee shall be paid at the tIme of submitting the submittal documents for plan review Plan review fees shall be as set forth by ResolutIon of the City CounCIl for plan reviews performed by employees of the City When plans and associated reports require speCial review and analysIs by an outSIde entIty, said fees shall be In an amount reasonably necessary to defray costs to the City directly attnbutable to emploYIng or contracting with such pnvate entity Direct costs shall Include admlmstratlve and overhead costs of the City for procunng and mOnltonng the work attnbutable to the outSide entIty The plan revIew fees speCified In thiS SectIon are separate and In 16 addItion to the permIt fees When submittal documents are Incomplete or changed so as to require additional plan review orwhen the project Involves deferred submittal Items, an addltronal plan review fee shall be charged 8.08.090 Preconstruction Meetings. Pursuant to Health and Safety Code Section 19872, the BUlldmg Officer may require the permittee to partiCipate In a preconstructlon conference pnor to the completion of plan review and permit Issuance The purpose of the preconstructlon conference shall be to review the plans and speCIfications for adequacy and suffICiency of detaIls and conformance to bUildIng standards and interpretations 8.08.100 Sandblasting Regulations. (a) Permit Required No person shall do any exterior sandblasting within the City without first obtaining a permIt A permit shall be reqUIred for each separate work locatIon or contractor (b) Application. To obtain a permit the applicant shall file an applicatIon with the BUilding and Safety DIVIsIon Each application shall state the location, name and address of responsible party, estimated times sandblastrng Will take place, amount of Insurance for property damage and public liability that the applicant carnes and the name of the company Issuing the policy (c) Restrictions. No sandblasting shall be permitted before 800 17 a.m. or after 6 00 pm Monday through Fnday, and before 900 am or after 500 pm Saturday, nor on a Sunday or legal holiday unless a specIal permit for such work IS Issued under Municipal Code Section 4 12 140 No dry sandblasting shall be permitted except upon special permission of the BUIlding Officer Permission shall be granted only m those Situations where wet sandblasting cannot be done due to unique circumstances Any application for dry sandblastmg shall state thereon the reasons why wet sandblasting cannot be used and the addItional precautions that will be taken to protect the public A minimum of 3 days notIce shall be given to owners, tenants and occupants of all structures Within 150 feet of the sIte on which sandblasting IS to be done 8.08.110 Responsibility for Code Enforcement In Mobile Home Parks. The City Council hereby reaffirms Resolution Number 2536 (CCS) adopted November 11, 1961, whereby the CIty assumes responSibIlity for enforcement of State of California regulations and requirements for mobile home parks The BUilding OffIcer shall have authonty to promulgate and or adopt administratIve regulatIons governing the appeal of orders, deCISIons and determinatIons ofthe BUilding Officer for matters concerning the enforcement of the Mobile Home Park Act and Title 25 of the Callforma Code of Regulations 18 8.08.120 Temporary Trailer Permits (a) House-Type Trailers Whenever the expression "house-type trailers" IS used In this Section, It shall mean house traIlers, trailer coaches. mobile homes, and similar vehicles as are defined In Sections 18000 et seq of the Health and Safety Code (b) Regulations. The following regulations shall apply to house-type trailers other than mobile homes located In mobile home parks for use other than as liVing accommodations No person, firm or corporation shall use, store, or place a house-type trailer for any purpose or In any manner except as In these regulations provided (1) No person, fIrm or corporation shalf use a house-type traIler for any purpose or In any manner without fIrst obtamlng a wntten permit from the BUIlding Officer authorizing such use, storage. or placement (2) No person, firm or corporation shall use, store or place a house- type trailer for any purpose or In any manner In violation of or In non- conformance wIth any of the terms proVIded In a permIt Issued by the BUlldmg OffIcer for use, storage, or placement of said house-type trailer (c) Permit Standards. The BUildIng Officer shall be gUided by the followmg standards In the Issuance of permits for the use, storage, and placement of house-type trailers (1) No house-type traIler shall be used m any resIdentIal zone for any 19 purpose other than storage thereof, except when used In connection with the erection of new structures (2) No house-type trailer or house-type traIlers SIngly, In connection groups, or otherwise shall be used for any purpose on any lot or parcel, as defined In Article IX of this Code, for a cumulatIve penod of more than SIX months In any twelve consecutive months, except as hereinafter proVided for any purpose other than storage thereof (3) Except In connectIon wIth the erection of new structures, no house-type trailer shall be used for any purpose not directly connected and assocIated with a bUSiness or actIvIty conducted within an enclosed bUIlding on the lot or parcel upon which It IS used or upon a lot or parcel immediately adjacent or contiguous thereto which IS under the ownership, operation, or direct control ofthe person, firm or corporation to whom the permit IS Issued. (4) No permit shall be Issued for the use of a house-type trailer unless there are legally proVided tOIlet facIlities located within a reasonable dIstance not to exceed 200 feet from the closest pOint of saId house-type traIler, wh Ich tOilet facIlitIes are owned, operated, or under the direct control of the permittee. (5) The total space occupied by a house-type trailer or trailers used under such permit shalf not exceed one percent (1 %) of the total square footage of the enclosed portion of the bUildIng deSCribed above for the actlv~ty, prOVided that the space occupIed by the house-type traIler may be 20 limited to one house-type trailer used In connectIon wIth any business or bUSinesses which are related to each other and are. directly or indirectly, under a common ownership or management. If the space whIch would be occupied by any house-type traIlers In excess of one IS normally used for parking of automobiles or has been so used withIn three months of the time of the application for the permit, and only If the automobIles so displaced may be accommodated on other off street parking facIlities owned or controlled by permIttee (d) Permit Time and Frequency Limits. The permit Issued hereunder may be extended for a period not to exceed one year, proVided that In the event of such an extensIon, no further permIt shall be Issued for use on the same or adjacent premises or on premises owned, operated, or controlled by the permittee or hiS or her successor or successors In Interest for a perrod of two years succeeding expiration of the extended permit 8.08.130 Bracing of Water Heaters. Prior to any bUilding sale, or as part of any bUlldmg permit or inspection earned out by the BUilding and Safety DIVISion, all water heaters shall be braced 10 conformance WIth the minimum standards established by the DIVISion of the State Architect or CalifornIa BUilding Code 8.08.140 Building Addresses. (a) Frontage to be Numbered. All lands and lots Within the City now platted or which hereafter are platted shall have numbers aSSIgned to each 21 space of twenty feet frontage on any street within or bordenng upon the same and such number shall be affixed to all bUildings thereon or which may hereafter be erected thereon (b) System of Numbering. One hundred numbers shall be assIgned to each and every block between streets and avenues and wherever such streets and avenues do not extend through any platted or unplatted lands, the number shall be assigned to the spaces between such streets If extended through such lands (c) Information. The City Engineer shall assign the numbers to all lands now platted and all lands which may hereafter be platted, and shall Indicate the same upon an official City map, and file a copy of the same With the BUilding Officer The owners of property Within the City shall apply to saId BUilding Officer and be furnished With appropnate assIgned numbers, WIthout charge therefor To facIlitate emergency services and record keeping, the BUilding OffIcer shall assign only one numencal address for any new bUilding Portions of a bUilding divided for separate tenants shall use Unit numbers or letters subordinate to the main numencal address Addresses shall not be assigned to accessory structures Section 3 Chapter 8 12 of the Santa Monica MunIcipal Code IS amended to read as follows 21 Chapter 8.12 Building Code 8.12.010 Adoption. That certain document entitled "California BUilding Code, 1998 Edition, which adopts by reference the Uniform BUilding Code, Volumes 1 and 2, 1997 Edition", as published by the California BUlldmg Standards Commission and the International Conference of BUilding OffiCIals Includmg "Maps of Known Active Fault Near-Source Fault Zones m California and Adjacent Portions of Nevada", as published by the InternatIonal Conference of BUIlding OffiCials, are hereby adopted With the local amendments and proVIsions of this Chapter, and Chapters 8 16,820,848,8 56 through 880, and 8 84 of the Santa MOnica MUnicipal Code. as the BUlldmg Code of the City of Santa MOnica 8.12.020 Local Amendments tathe California Building Code. Notwithstanding any prOVISions of the California BUlldmg Code, California BUlldmg Standards Code, State Housing Law or other codes adopted by any Chapter in Article VII I of the Municipal Code to the contrary, the follOWing local amendments shall apply 8.12.030 Additional Appendix Chapters The follOWing appendixes or portions of the Uniform BUlldmg Code, 1997 Edition, as published by the International Conference of BUlldmg OffiCials, are hereby adopted by reference as amendments to the California BUilding Code J~ ~-' (1) Appendix Chapters A3-A- Use or Occupancy: (2) DIvIsion II-AviatIOn Control Towers of Appendix Chapter A4, (3) DIvISion II A-Sound Control Transmission of Appendix Chapter A12, (4) Appendix Chapter A15-Re-roofrng, (5) Appendix Chapter A 16-Structural Forces, (6) Append IX Chapter A 18-Waterproofing and Damproofing Foundations, (7) Appendix Chapter A-29-Mlnrmum Plumbing Fixtures: (8) DivISion II-Membrane Structures of Appendix Chapter A31, (9) Appendix Chapter A33-Excavatlon and Grading, (10) Appendix Chapter A34-Exlstmg BUlldmgs, (11) Volume 3, Material, Testmg and Installation Standards, (12) all related matenal, testing and installation standards referenced In the Unrform BUildIng Code, Volumes 1,2 and 3 8.12.040 Essential Facilities. The followmg faCIlities are deSignated as essential faCIlities, which are necessary for emergency operations subsequent to a natural dIsaster Santa MonIca Police Department, Santa MOnica City Hall, Santa Monrca Municipal Airport AdministratIon BUlldmg, AIrfIeld Maintenance BUilding, fixed base operator bUilding, runway and control tower, Santa Monrca Anrmal Shelter, Santa Monrca CIVIC Audltorrum, the Ken Edwards Center, Santa Monrca Main Library, Santa MOnica Public 24 Works Yard, Santa MOnica Transfer Station, Santa Monica Fire Training Center, the structures located In the Santa MOnica Recreation and Park facllltres at Lmcoln Park except Miles Playhouse, Marine Park, Memorial Park, and Virginia Park, Police Activity League, Senior Recreation Center. Santa MOnica Municipal Bus Lines Grounds and Maintenance BUlldmg and Admrnlstratlon BUilding, Moss Avenue Sewer Pumping Station, Arcadia Water Treatment Plant, Charnock Pumping Station, Mt Olivette ReservoIr, and RIViera Golf Course Reservoir 8.12.050 Supplemental Land Hazard Zone Requirements. In additIon to those areas recognized under the State SeismiC Hazards Mappmg Act, certam portIons of the City are hereby established as SeismiC Hazard Zones and Geologic Hazard Zones SaId zones shall be known as outlined, Illustrated and desIgnated In the Safety Element of the General Plan on the Dlstnctrng Maps Said maps together With all legends, mdlces and explanatory notes thereon IS hereby made a part of these codes It IS further provided that adjustments and changes may be made hereafter In the boundanes of said zones by the BUildIng Officer to Implement the Safety Element ofthe General Plan as additional geologiC or subgrade data IS made public For the purposes of these codes, all construction Within the scope of these codes that IS Within a Land Hazard Zone shall be subject to special design reqUirements which are necessary to effect the stated purpose of ..,- .:oJ these codes Special design requirements shall conform to the gUldelmes of the CalIfornia Department of Conservation, DIvIsion of Mmes and Geology 8.12.060 Guardrails for Open able Windows. SectIon 509 1 of the California BUilding Code IS amended to read as follows 509.1 Where Required. Unenclosed floor and roof openings, open and glazed Sides of stairways, aisles, landings and ramps, balCOnies or porches, which are more than 30 Inches above grade or floor below, openable windows whose Sill height IS less than the reqUired height of a guardraIl, and roofs used for other than service of the bUilding shall be protected by a guardrail Section 4 Chapter 8 16 IS hereby added to the Santa MOnica MUnicipal Code to read as follows Chapter 8.16 Supplemental Seismic Provisions. 8.16.010 Application. Notwlthstandmg any provIsions of the California BUilding Code, Umform BUilding Code or other codes adopted by any chapter In Article VIII ofthls Code to the contrary, the local amendments In thiS Chapter shall apply 8.16.020 Construction Quality Assurance. Section 1702 ofthe California BUilding Code, and Section 307 of the Uniform Admmlstratlve 26 Code are amended to read as follows: Structural Observation. Structural observation shall be proVided when one of the following conditions eXists 1 The structure IS defined In Table 16-K as Occupancy Category 1,2 or 3 2 The structure IS required to comply with Section 403 3 The seismiC load resisting system of the structure IS constructed, altered I retrofitted or repaired In accordance with a structural design proVided by a licensed architect or registered engineer 4 When so deSignated by the architect or engineer of record, or 5 When such observation IS specifically reqUired by the BUilding Officer The owner shaH employ the engineer or architect responsible for the structural deSign, or another engIneer or architect deSIgnated by the engIneer or archItect responsible for the structural deSign to perform structural observation as defined In Section 220 and herein The owner or owner's representative shall coordinate and hold a preconstructlon meetmg between the engineer or architect responsible for the structural deSign, structural observer, contractor, affected subcontractors and special Inspectors The structural observer shall preSide over the meeting The purpose of the meeting shall be to Identify the maJor structural elements and connections that affect the vertical and lateral load systems of 27 the structure and to revIew scheduling of the required observations A record of the meetmg shall be Included In the first observation report submitted to the BUilding Officer Observed defiCiencies shall be reported In wntlng to the owner's representative, special Inspector, contractor and the BUilding Officer Upon the form prescnbed by the BUilding Officer, the structural observer shall submIt to the BUilding Officer a wntten statement at each Significant construction stage stating that the sIte VISit has been made and Identrfymg any reported defiCiencies that, to the best of the structural observer's knowledge, have not been resolved A final report by the structural observer which accurately states that all observed defiCienCies have been resolved IS required before acceptance of the work by the BUilding Officer 8.16.030 Roof Covering-Special Requirements. SectIons 1507 1 1 and 1507 7 1 of the California BUilding Code, 1998 Edition are hereby adopted and shall apply to all occupancies 8.16.040 Concrete and Masonry ChimneysNeneer. (a) Alteration and Repair Standards. Section 1806 6 1 of the California BUlldmg Code IS amended by addIng thereto as forlows Notwithstanding any other provIsions of thiS code, when the fair market value of the cost to alter or repair an eXlstmg masonry or concrete chimney exceeds 10 percent of the fair market value of Its replacement cost Within any 12-month penod, the entire chimney structure and Its anchorage 28 to the structure shall comply With the current reqUirements of this code (b) Reinforcmg And Seismic Anchorage Section 310243 of the California BUilding Code IS amended to read as follows Every element of a masonry or concrete chImney, flue, fIreplace, or barbeque that extends 6 feet (1829 mm) or more above grade or that IS part of a bUilding and all masonry veneer that extends more than 5 feet above adjacent grade shalf be designed In accordance With Chapters 16, 18, 19, 21and 22 (c) Construction requirements NotwithstandIng Section 210462 of the California BUildIng Code to the contrary, every element of a masonry or concrete chimney, flue, fireplace or barbeque that extends 6 feet (1829 mm) or more above grade or that IS part of a bUlldmg shalf not substitute mortar of pounng consIstency for grout 8.16.050 Steel Construction. (a) Proper Standard. The reference standard for DIvISion IV of Chapter 22 of the California Building Code, its title and first paragraph are amended to read as follows Division IV - Seismic Provisions for Structural Steel Buildings Based on Seismic Provisions for Structural Steel Buildings, of the American Institute of Steel Construction, Parts I and III (April 15, 1997) (b) Adoption. Section 2210 of the CalifornIa BUlldmg Code IS 29 amended to read as follows Except for the modifications as set forth In Section 2211 and 2212 of this diVISion and the requirements of the bUilding code, the seismiC design, fabncatlon, and erection of structural steel shalf be In accordance with the Seismic ProvIsions for Structural Steel BUildings, Aprr115, 1997 published by the Amencan Institute of Steel Construction, 1 East Wacker Dnve, SUite 3100, Chicago, IL 60601, as If set out at length herein The adoption of Seismic ProvIsions for Structural Steel BUildings In thiS DIVISion, hereinafter referred to as AISC-Selsmlc, shall Include Part I (LRFD) and Part III (ASD) Where other codes, standards, or specificatIons are referred to In thiS specification, they are to be considered as only an rndlcatlon of an acceptable method or matenal that can be used wIth the approval of the BUilding Officer (c) Design Methods. SectIon 2211 of the California BUilding Code IS amended to read as follows: When the load combmatlons from Section 1612 2 for LRFD are used, structural steel bUildings shalf be deSigned In accordance with Chapter 22 DIVIsion II (AISC-LRFD) and Part I of AISC Seismic as modifIed by thiS DIVIsion When the load combrnatlons from Section 1612 3 for ASD are used, structural steel bUildings shall be deSigned In accordance with Chapter 22 DIVision III (AISC-ASD) and Part III of AISC-Selsmlc as modified by thiSr 30 DIVISion (d) Allowable Stress Design. DIvIsion V, wIth SectIons 2212,2213 and 2214. IS deleted and not adopted In Its entIrety. (e) Amendments to the AISC Seismic Provisions. Section 2212 IS hereby added to DIvISion IV as follows The AISC SeismiC ProVISions adopted by this DIvIsion apply to the seismiC design of structural steel members except as modified by this Section The terms shown In Table 8 16-A that appear In AISC SeismiC shall be taken as Indicated In the 1998 California BUlldmg Code Table 8 16-A AISC SeismiC 1998 California BUilding Code SeismiC Force Resisting System Lateral Force Resisting System DesIgn Earthquake Design BasIs Ground Motion Load Combinations 4-1 Chapter 16 Eq 12-17 Load Combmatlons 4-2 Chapter 16 Eq 12-18 LRFD Spec Section A4-1 Chapter 16 Eq 12-1 LRFD Spec -Section A4-2 Chapter 16 Eq 12-2 LRFD Spec -Section A4-3 Chapter 16 Eq 12-3 LRFD Spec -Section A4-4 Chapter 16 Eq 12-4 LRFD Spec -Section A4-5 Chapter 16 Eq 12-5 LRFD Spec -Section A4-6 Chapter 16 Eq 12-6 OoQE Em 31 The AISC Seismic ProvIsIons are modIfied as follows Part I 1 SCOPE These ProvIsions are Intended for the design and construction of structural steel members and connections In the SeIsmic Force ReSisting Systems In bUildings for which the deSign forces resulting from earthquake motions have been determined on the baSIS of vanous levels of energy diS- Sipation In the melastlc range of response These ProvIsions shall apply to all bUlldmgs These ProvIsions shall be applied In conjunction with Chapter 22, DIVIsion II I hereinafter referred to as the LRFD Specification All members and connections m the Lateral Force ReSisting System shall have a deSign strength as proVided In the LRFD Specification to resist Load Combinations 12-1 through 12-6 (m Chapter 16) and shall meet the reqUirements In these PrOVISions Part I mcfudes a Glossary, which IS specifically applicable to thiS Part, and Appendix S Loads and Load Combmatlons The loads and load combmatlons shaff be those In Section 1612 2 except as modIfied throughout these ProvIsions (f) Near Source Factors. Item 4 of Section 1629 4 2 of the CalifornIa BUilding Code IS amended to read as follows 4 The prOVISIons In Sections 9 6 a and 9 6 b of AISC- SeismIc Part 32 I shall not apply, except for columns In one-story buildings or columns at the top story of multistory bUildings (g) Detailing Requirements. Items 5 and Item 6 of Section 1630 8 2 2 of the California BUlldmg Code are amended to read as follows 5 Not adopted 6 Steel elements designed pnmanly as flexural members or trusses shall have braCing for both top and bottom beam flanges or chords at the location of the support of the discontinuous system (h) Structural Systems. The R value shown In the third column of Table 16-N of the CalIfornia BUilding Code for ordinary moment-resisting frames constructed of steel IS hereby amended to read as the value (4) mstead of (4 5) and the Footnote 6 for Table 16-N IS hereby amended to read as follows 6 In SeismiC Zones 3 and 4 steel OMFs are permitted as follows (a) Where the near source factor N a equals one, structures are permitted to a height of 35 feet or for Single story bUildings where the moment JOints of field connections are constructed of bolted end plates and the dead load of the roof does not exceed 15 psf , the height IS permitted to be Increased to 60 feet The dead weight of the portion of walls more than 35 feet above the base shall not exceed 15 psf (b) Where the near source factor Na IS greater than one, structures are permitted to a height of 35 feet where the dead weight of the floors, walls 33 and roof do not exceed 15 psf (I) Special Inspection. Item 52 ofSectron 1701 5 52 of the CalIfornia BUIlding Code IS amended to read Steel Lateral Force Resistmg Systems. In Seismic Zones 3 and 4, welded JOints In Special. Ordmary and Special Truss Moment Frames and m SpecIal and Ordinary Concentncally Braced Frames and in Eccentrically Braced Frames that are part of the Lateral Force Resisting System shall be Inspected m accordance with Section 1701 5 Item 5 1 and AISC-Selsmlc Part I Section 16 In addition to Item 5 1 requirements, nondestructIve testing as required by Section 1703 of thIs code. (J) Nondestructive Testing. The first paragraph of Section 1703 of the California BUilding Code IS amended to read In SeIsmIc Zones 3 and 4. all complete-jomt-penetratlon groove and partlal-Jomt-penetratlon groove welded JOints m SpeCial, OrdInary and SpeCial Truss Moment Frames and In SpeCial and Ordmary Concentncally Braced Frames and In Eccentrically Braced Frames that are subject to net tenSile forces as part of the Lateral Force Resisting System shall be tested In accordance with AISC SeismIC Part I Section 16 This testing shall be a part of the speCIal inspection reqUIrements of SectIOn 1701 5 A program for this testing shall be established by the person responsible for structural design and as shown on plans and speCifications 34 (k) Design Methods. Section 2204 of the California BUilding Code IS amended to read as follows DesIgn shall be by one of the following methods 2204 1 Load and Resistance Factor DesIgn Steel design based on load and resistance factor design methods shall resist the factored load combinations of Section 16122 In accordance with the applicable requIrements of Section 2205 2204 2 Allowable Stress Design Steel design based on allowable stress design methods shall resist the factored load combmatlons of Section 1612 3 m accordance With the applicable requirements of Section 2205 (I) Design and Construction Provisions. SectIon 2205 3 of the California BUlldmg Code IS amended to read as follows SeIsmiC Design ProvIsions for Structural Steel Steel structural elements that resist seismiC forces shall, m addltron to the requirements of Section 2205 2, be designed In accordance WIth DIVISion IV (m) Steel Stud Wall Systems. DIVISion VIII-Lateral ReSistance for Steel Stud Wall Systems of the California BUilding Code IS deleted In ItS entirety 8.16.060 Wood Construction. (a) Foundations. (1) General Limits of Wood Foundations. The first paragraph of Section 1806 1 of the California BUlldmg Code IS amended to read as 35 follows: Footing and foundatIons, other than treated wood piles, shall be constructed of masonry or concrete, shall be supported on native undisturbed materials or approved certified fill, and shall extend below the frost line Footings of concrete and masonry shall be of solid matenal Foundations supporting wood shall extend at least 6 Inches (152 mm) above the adjacent finish grade Footmgs shall have a minimum depth as Indicated In Table 18-I-C, unless another depth IS recommended by a foundatIon mvestlgatlOn (2) Specific Limits of Wood Foundations Supporting Masonry or Concrete. Exception 3 of Section 2307 of the California BUilding Code IS amended to read as follows 3 Veneer used as an Interior wall finish may be supported on wood floors that are designed to support the additional load and designed to limit the deflection and shrinkage to 1/600th of the span of the supportmg members (3) Retainmg Walls. Section 2306 11 of the California BUilding Code IS deleted In ItS entirety (b) Connections (1) Foundation Sill Plate Anchorage. Item 2 of Section 1806 6 1 of the California BUilding Code IS amended to read as follows 36 2 Steel plate washers of minimum size and thickness as specified In Table 23-II-L shall be used on each bolt (2) Hold-down Connectors For design of shear walls, struts, collectors and diaphragm anchorage, hold-down connectors shall use approved cyclic load values Deformations of hold-down connectors at their ultimate cyclic loads shall demonstrate deformations compatible to adJommg elements Connector bolts mto wood frammg shall require steel plate washers m accordance with Table 23-II-L All hold-down connectors shall be re-tlghtened Just pnor to enclosure of the structure (3) Plate Washer Sizes. Chapter 23 of the California BUlldmg Code IS hereby amended by adding the followmg table Table 23-II-L Minimum Size for Square Plate Washers Bolt Size Plate Washer Size %" 3/16" x 2" x 2" 5/8" 1/4" x 2-112" x 2-1/2" 3/4" 5/16" x 2-3/4" x 2-3/4" 7/8" 5/16" x 3" x 3" 1" 3/8" x 3-1/2" x 3-1/2" (c) Shear Walls and Diaphragms (i) Concrete and Masonry Wall Anchorage. SectIOn 1633 2 90fthe California BUIlding Code IS amended by addmg thereto as follows 8 When deslgmng the diaphragm to comply with the reqUIrements 37 stated In Item 7 above, the return walls, fins or canopIes at entrances shall be designed for seismiC deflection To ensure deflection compatibility with the diaphragm, the return walls and fins or canopies at entrances shall be either seIsmically Isolated or attached to the diaphragm by Integrating Its loads 9 The spacing of continuous ties required In Item 4 above shall not exceed 25 feet (7620 mm) 10 The maximum diaphragm shear used to determine the depth of the subdlaphragm shall not exceed 300 pounds per foot (3 65 kNJrn) (2) Particleboard and Fiberboard Shear Walls and Diaphragms. The follOWing portions of the Calrfornla BUilding Code are hereby deleted In theIr entirety (A) Sections 231555,23194,231556, and 23195 (B) the reference to "Particleboard vertical diaphragms" In SectIon 2315 1 (C) Tables 23-II-B-1,23-1I-1-2, and 23-II-J (3) Plaster and Gypsum Shear Walls. Section 2513 and Table 25-1 of the California BUilding Code are hereby deleted In their entirety (4) Structural Wood Panel Shear Walls. To accou nt for the strength losses due to the cyclic nature of seIsmiC loadmg and to provide reasonable dnft control, the allowable non-cyclIC shear values of CalifornIa BUlldmg Code Table 23-11-1-1 or those calculated by the princIples of mechanics, shall be 38 reduced 25% For shear walls constructed with wood structural panels of 3- ply constructIon, the maximum allowable shear shall be limited to 200 pounds per foot No value shall be given for wood structural sheathIng applied over gypsum or plaster sheathing (5) Fasteners. Fasteners for wood structural panel sheathmg on shear walls and diaphragms shall be common nails wIth full heads unless otherwIse approved Mechanrcally driven common nails may be used when the fastener meets the same tolerances for head, shank and length allowed In ASTM 1667 for hand-dnven nails Nalls shall be placed a minimum of ~ Inch from the panel edges and a minimum of %-Inch from the edge of the connecting members for shear greater than 300 pounds per foot (6) Drift Control. Wood structural panel shear walls shall meet the story dnft limitation of Section 1630 102 of the California BUlldmg Code Conformance to the story dnft limitation shall be determined by approved cyclic testing or calculation or analogies drawn therefrom and not the use of helght-to-wldth ratios Deflection calculated according to Uniform BuIlding Code Standard 23-2, Section 23223, "CalculatIon of Shear Wall Deflection," shall be Increased 25 percent to account for InelastIc action and repetitive loading Calculated deflection shall Include the contnbutlon to the deflectIon from anchor or tIe down slippage The slippage contnbutlon shall Include the 39 vertical elongation of the metal, the vertical slippage of the fasteners and compression or shrinkage of the wood elements The total vertical slippage shall be multiplied by the helght-to-wldth ratio of the shear wall and added to the total hOrizontal deflection (7) limits on Rotation and Cantilever of Diaphragms. Except as permitted below, lumber and wood structural panel diaphragms shall not be considered as transmlttmg lateral forces by rotation Transfer of lateral forces by rotation will be permItted for one-story, attached or detached reSidentIal garages or similar Group U, DIvIsion 1 wood-framed structures wIth a maximum depth normal to the open side of 25 feet and a maximum width of 25 feet provided the diaphragm IS not constructed of straight sheathmg Cantilevered dIaphragms supporting floors or roofs above shall not exceed 15 percent of the distance between lines of lateral-Ioad-reslstmg elements from which the diaphragm cantilevers The depth to Width ratio of the cantilevered portion of the diaphragm shall not be less than 4 1 (d) Conventional Light Frame Construction. (1) limits. For DIVISion IV-Conventional light Frame Construction of Chapter 23 of the California BUilding Code, only the follOWing structures may be constructed without an engineering analysIs per Chapters 16, 18, 19, 21, 22 and 23 of the California BUildIng Code as amended by the City of Santa MOnica 40 1 One story bUlldmgs housing Group R or U occupancIes when all of the following conditions eXist a The first floor framing IS supported directly on the foundation sill plate or the floor IS of slab-on-grade construction b The surface of the adJoining ground does not slope more than 1 unit vertical In 10 units honzontal and the elevation of any floor does not change c When present, anchored masonry or stone wall veneer does not extend more than five feet above adjacent grade d The weight of the roof structure does not exceed fifteen (15) pounds per square foot and the weight of the roofing materials does not exceed SIX (6) pounds per foot e The floor area of the structure or addition does not exceed fifteen hundred (1,500) square feet 2 For all occupancies, Intenor nonbeanng walls per California BUilding Code Table 23-IV-B, when proper lateral support IS proVided as determined by the BUilding Officer 3 For all occupancies, roof ratters, ceiling or floor JOists whose spans and loading conform to the appropriate span tables within DIvIsion IV of the California BUIlding Code as determined by the BUilding Officer (2) Braced Wall Lines. BUildings shall be prOVided with extenor and Interior braced wall lines that are supported on continuous foundations and 41 spaced no more than 25 feet on center m both the longitudinal and transverse directIons (3) Braced Wall Construction. All braced wall lines shall be completely sheathed throughout their entire height and length with 15/32- Inch Structural 1 grade plywood sheathIng Framing members for braced wall lines shall consIst of douglas fIr-larch Studs shall be spaced a maximum of 16-mches on center Sheathmg nails shall be full headed 10d common nalls, placed 1/2 Inch from panel edges and spaced not more than 4 Inches on center at edges and 12 mches on center along Intermediate framing members Sole plate nallmg to JOist or blocking shall use 16d common nails through a maximum 3/4-mch nommal sheathing Braced wall panels that extend the full heIght of the wall and do not exceed a helght-to-wldth ratio of 2 1 shalf be spaced a maximum of 12 feet on center throughout all braced wall lines Section 5 Chapter 8 20 IS hereby added to the Santa MOnica MUnicipal Code to read as follows Chapter 8.20 Special Provisions for Hillside Buildings. 8.20.010 Application Notwlthstandmg any proVIsIons of the Uniform BUlldmg Code, California BUilding Code or other codes adopted by any chapter In Article VIII of this Code to the contrary, the local amendments 42 In this Chapter shall apply to the design and construction of all hillside bUildIngs as defmed herein 8.20.020 Purpose. The purpose of this Section IS to establish minimum regulations for the deSign and construction of new bUildings and additions to eXistIng bUildings when constructing such bUIldings on or Into slopes steeper than three honzontal to one vertical These regulations establish minimum standards for seismIC force resistance to reduce the fisk of Injury or loss of life In the event of earthquakes 8.20.030 Scope. The provIsions of thiS Section shall apply to the deSign of the lateral force resisting system for hillSide bUildings at and below the base level diaphragm The deSign of the lateral force resIsting system above the base level diaphragm shall be In accordance with the provIsions for seismiC and Wind deSIgn as required elsewhere In thIS Chapter and the Callforma BUilding Code as amended by the CIty of Santa MOnica Non-habItable accessory bUlldmgs and decks not supportmg or supported from the maIO bUlldmg are exempt from these regulations 8.20.040 Definitions. For the purposes of thiS Chapter certain terms are defined as follows Base level Diaphragm IS the floor at, or closest to, the top of the highest level of the foundation Diaphragm Anchors are assemblIes that connect a diaphragm to the adJacent foundation at the uphill diaphragm edge 43 Downhill Direction IS the descendmg dIrection of the slope approximately perpendIcular to the slope contours Foundation IS concrete or masonry whIch supports a bUlldmg I Including footings, stem walls. retainIng walls, and grade beams Foundation Extending in the Downhill Direction IS a foundation running downhill and approxImately perpendIcular to the uphill foundation HIllside Building IS any wood frame burldlng or portion thereof constructed on or Into a slope steeper than three hOrizontal to one vertical If only a portion of the bUlldmg IS supported on or Into the slope, these regulations apply to the entire bUilding Primary Anchors are diaphragm anchors desIgned for and provldmg a direct connection between the diaphragm and the uphIll foundation as desCribed m Sections 8 20 050(c) and 8 20 050(e)(3) Secondary Anchors are diaphragm anchors desIgned for and prOVIding a redundant diaphragm to foundation connection, as descnbed In Sections 8 20 050(d) and 820 050(e)(4) Wood Frame Building IS any bUildIng whose basIc structural system IS a beanng wall system and whose lateral-foree-reslstmg system IS mostly light framed walls with shear panels but may also conSist, In lesser part, of braced frames, moment frames or cantilevered column elements Uphill Diaphragm Edge IS the edge of the diaphragm adjacent and closest to the hIghest ground level at the penmeter of the diaphragm 44 Uphill Foundation IS the foundation parallel and closest to the uphill diaphragm edge 8.20.050 Analysis and Design. (a) General. Every hillside bUilding withIn the scope of this Section shall be analyzed, deSigned, and constructed In accordance with the provIsions of this Chapter When the code-prescribed wind deSign produces greater effects, the wind deSIgn shall govern, but detailing reqUirements and limitations prescribed In this and referenced Sections shalf be followed (b) Base Level Diaphragm-Downhill Direction. The follOWing proVIsions shall apply to the seismiC analYSIS and deSign of the connections for the base level diaphragm In the downhIll direction (1) Base for Lateral Force DeSign Defined. For seIsmiC forces acting In the downhill dIrection, the base of the bUilding shalf be the floor at or closest to the top of the highest level of the foundatIon (2) Base Shear. In developing the base shear for seismic design, the lateral-foree-resisting system factor (R) shall not exceed 4 5 for bearing wall and bUilding frame systems The total base shear shall Include the forces tnbutary to the base level dIaphragm including forces from the base level diaphragm (c) Base Shear Resistance-Primary Anchors. (1) General. The base shear In the downhIll direction shall be resisted through primary anchors from dIaphragm struts provided In the base 45 level diaphragm to the foundation (2) location of Primary Anchors. A pnmary anchor and diaphragm strut shall be provIded In line with each foundation extending In the downhill directIOn Pnmary anchors and diaphragm struts shall also be provided where Intenor vertical lateral force resisting elements occur above and In contact with the base level diaphragm The spacing of prrmary anchors and diaphragm struts or collectors shall In no case exceed 30 feet (3) Design of Primary Anchors and Diaphragm Struts. Pnmary anchors and diaphragm struts shall be deSigned In accordance WIth the reqUirements of Section 8 20 050(f) (4) Limitations. The followmg lateral force reslstmg elements shall not be deSigned to resIst seismiC forces below the base level diaphragm m the downhill direction a Wood structural panel wall sheathIng b Cement plaster and lath c Gypsum wallboard d TenSion only braced frames Braced frames deSIgned In accordance With the requirements of Chapter 22 of the Callforma BUilding Code as amended herem may be used to transfer forces from the primary anchors and diaphragm struts to the foundation, proVided lateral forces do not Induce flexural stresses In any member of the frame or In the diaphragm struts Deflections of frames shall 46 account for the vanatlon In slope of diagonal members when the frame IS not rectangular (d) Base Shear Resistance-Secondary Anchors. (1) General. In addition to the primary anchors required by Section 8 20 050( c), the base shear In the downhill direction shalf be resisted throug h secondary anchors In the uphill foundatIon connected to diaphragm struts In the base level diaphragm Exception: Secondary anchors are not reqUired where foundations extending In the downhIll direction spaced at not more than 30 feet on center. extend up to and are directly connected to the base level diaphragm for at least 70% of the diaphragm depth (2) Secondary Anchor Capacity and Spacing. Secondary anchors at the base level diaphragm shall be designed for a minimum force equal to the base shear, including forces tnbutary to the base level diaphragm, but not less than 600 pounds per lineal foot at allowable load Ing The secondary anchors shalf be uniformly dlstnbuted along the uphIll diaphragm edge and shall be spaced a maximum of four feet on center (3) Design. Secondary anchors and diaphragm struts shalf be designed In accordance with Section 8 20 050(f) (e) Diaphragms Below the Base level-Downhill Direction. The following provIsions shall apply to the lateral analysIs and design of the connections for all diaphragms below the base level diaphragm In the 47 downhill dIrection (1) Diaphragm Defined. Forthe purposes ofthls Section, every floor level below the base level diaphragm shall be designed as a diaphragm (2) Design Force. Each dIaphragm below the base level diaphragm shall be designed for all tnbutary loads at that level usmg a minimum seismIC force factor not less than the base shear coeffiCient (3) Design Force Resistance-Primary Anchors. The design force described above shall be resisted through pnmary anchors from diaphragm struts provided In each diaphragm to the foundation Primary anchors shall be proVided and designed In accordance With the requirements and limitations of Section 820 050(c) (4) Design Force Resistance-Secondary Anchors. (A) General. In addItion to the primary anchors required above, the deSign force In the downhill direction shall be resisted through secondary anchors In the uphill foundation connected to diaphragm struts In each diaphragm below the base level Exception: Secondary anchors are not reqUired where foundations extending In the downhIll direction, spaced at not more than 30 feet on center, extend up to and are directly connected to each diaphragm below the base level for at least 70% of the dIaphragm depth (8) Secondary Anchor Capacity. Secondary anchors at each diaphragm below the base level diaphragm shall be deSigned for a minimum 48 force equal to the design force but not less than 300 pounds per lineal foot at allowable loading The secondary anchors shall be uniformly distributed along the uphill diaphragm edge and shall be spaced a maximum offourfeet on center (C) Design. Secondary anchors and diaphragm struts shall be designed m accordance with the provIsions of this Chapter (f) Primary and Secondary Anchorage and Diaphragm Strut Design. Pnmary and secondary anchors and diaphragm struts shall be designed m accordance with the following provIsions (1) Fasteners. All bolted fasteners used to develop connections to wood members shall be proVided with square plate washers at all bolt heads and nuts Washers shall be a minimum of 3/16 mch thIck and two Inches square for one-half Inch diameter bolts and 1/4 Inch thick and 2-1/2 Inches square for 5/8 Inch dIameter or larger bolts Nuts shall be wrench-tightened pnor to covering. (2) Anchorage. The diaphragm to foundation anchorage shall not be accomplished by the use of toe nailing. nails subJectto withdrawal, orwood In cross gram bending or cross gram tension (3) Size of Wood Members. Wood diaphragm struts. collectors, and other wood members connected to primary anchors shall not be less than nominal 3 by members The effects of eccentricity on wood members shall be evaluated as required per Item 9 below 49 (4) Design. Primary and secondary anchorage, including dIaphragm struts, splices. and collectors shall be designed for 125% of the tnbutary force (5) Allowable Stress Increase. The one-thIrd allowable stress mcrease permitted under Section 1612 3 2 shalf not be taken when the working (allowable) stress design method IS used (6) Seismic Load Factor. The seIsmiC load factor shall be 1 7 for steel and concrete anchorage when the strength design method IS used (7) Primary Anchors. The load path for prrmary anchors and diaphragm struts shalf be fully developed mto the diaphragm and mto the foundation The foundation must be shown to be adequate to resist the concentrated loads from the prrmary anchors (8) Secondary Anchors. The load path for secondary anchors and diaphragm struts shall be fully developed In the diaphragm but need not be developed beyond the connection to the foundatIon (9) Symmetry. All lateral force foundation anchorage and diaphragm strut connections shalf be symmetrrcal Eccentrrc connections may be permitted when demonstrated by calculation or tests that all components of force have been provided for In the structural analySIS or tests (10) Wood Ledgers. Wood ledgers shall not be used to resISt cross- grain bendIng or cross-grain tension 50 (9) Lateral Force Resisting Elements Normal to the Downhill Direction. (1) General. Seismic force reslstrng elements, acting normal to the downhill directIon. shall be desIgned In accordance with the requirements of this SectIon (2) Base Shear. In developmg the base shear for seismic design, the structural system factor (R) shall not exceed 4 5 for bearing wall and bUlldrng frame systems (3) Vertical Distribution of Seismic Forces. For seismIC forces actrng normal to the downhill direction, the distribution of seismic forces over the height of the building, uSing Section 16305 of the California BUlldmg Code, shall be determined uSing the height measured from the top of the lowest level of the bUlldmg foundation to the top of the utmost roof dIaphragm (4) Drift Limitations. The story drift under allowable loading below the base level diaphragm shall not exceed 0005 times the story height The total dnft from the base level diaphragm to the top of the foundation shall not exceed 3/4 Inch Where the story height or the height from the base level diaphragm to the top of the foundation vanes because of a stepped footing or story offset. the height shall be measured from the average height of the top of the foundation The story drift shall not be reduced by the effect of hOrizontal diaphragm stiffness 5] Where code-prescnbed wind forces govern the design of the lateral force reslstmg system normal to the downhill directIon, the dnft limitation shall be 0 0025 for the story dnft and the total dnft from the base level diaphragm to the top of the foundation may exceed 3/4 Inch when approved by the BUilding Officer In no case, however, shall the dnft limitatIons for seismic forces be exceeded (5) Distribution of Lateral Forces. (A) General. The design lateral force shall be dlstnbuted to lateral force resisting elements of varying heights In accordance With the stiffness of each individual element (8) Wood Structural Panel Sheathed Walls. The stiffness of a stepped wood structural panel shear wall may be determined by diVidIng the wall Into adjacent rectangular elements, subject to the same top of wall deflectIon Deflections of shear waifs shalf be determined pursuant to Section 8 16060 Sheathing and fastening requirements for the stIffest Section shall be used for the entire wall Each Section of wall shall be anchored for shear and uplift at each step The minImum honzontal length of a step shall be eight feet and the maximum vertical height of a step shall be two feet, eIght Inches (C) Reinforced Concrete or Masonry Shear Walls. Reinforced concrete or masonry shear waifs shalf have forces distributed In proportion to the ngldlty of each section of the wall 52 (D) Limitations. The following lateral force resisting elements shall not be designed to resist lateral forces below the base level diaphragm In the dIrection normal to the downhill direction 1 Cement plaster and lath 2 Gypsum wallboard 3 Tension only braced frames Braced frames designed In accordance wIth the requrrements of the California BUilding Code as amended by the City of Santa MOnica may be designed as lateral force reslstmg elements In the direction normal to the downhill directIon proVided lateral forces do not Induce flexural stresses In any member of the frame Deflections of frames shall account for the vanatlon In slope of diagonal members when the frame IS not rectangular (h) Specific Design Provisions. (1) Footmgs and Grade Beams. All footings and grade beams shall comply with the follOWing (A) Grade beams shall extend at least 12 Inches below the lowest adjacent grade and prOVide a minimum 24-lnch distance honzontally from the bottom outSide face of the grade beam to the face of the descending slope (B) Continuous footings shall be reInforced With at least two Y2 Inch nominal diameter steel remforclng bars at the top and two at the bottom (C) All main footmg and grade beam reinforcement steel shall be bent Into the Intersecting footIng and fully developed around each corner and ,,~ -~ Intersection (0) All concrete stem walls shall extend from the foundation and shall be reinforced as required for concrete or masonry walls (2) Protection Against Decay and Termites All wood to earth separation shall comply With the followmg (A) Where a footing or grade beam extends across a descendmg slope, the stem wall, grade beam, or footing shall extend up to a mmlmum of 18 mches above the highest adjacent grade Exception: At paved garage and doorway entrances to the bUilding, the stem wall need only extend to the fmlshed concrete slab, prOVided the wood framing IS protected With a mOisture proof barrier (8) Wood ledgers supportIng a vertical load of more than 100 pounds per lineal foot and located wlthm 48 Inches of adjacent grade are prohibited Galvamzed steel ledgers and anchor bolts, With or Without wood nailers, or treated or decay resistant sill plates supported on a concrete or masonry seat, may be used (3) Sill Plates. All sill plates and anchorage shalf comply With the following (A) All wood framed walls, Includmg nonbeanng walls, when resting on a footmg, foundation, or grade beam stem wall, shall be supported on wood sill plates bearing on a level surface (8) Power driven fasteners shall not be used to anchor Sill plates 54 except at mterlor nonbeanng walls not designed as shear walls (4) Column Base Plate Anchorage. The base of Isolated wood posts that supports a vertical load of 4000 pounds or more and the base plate for a steel column shall comply with the follOWing (A) When the post or column IS supported on a pedestal extending above the top of a footing or grade beam, the pedestal shall be designed and reinforced as reqUired for concrete or masonry columns The pedestal shall be reinforced With a minimum of four 12 Inch nominal diameter steel reinforcing bars extending to the bottom of the footing or grade beam The top of extenor pedestals shall be sloped for pOSitive drainage (B) The base plate anchor bolts or the embedded portion of the post base, and the vertical relnforcmg bars forthe pedestal, shall be confined With two % mch nominal dIameter steel reinforcing bars or three % Inch nommal dIameter steel reinforcing bar ties Within the top five Inches of the concrete or masonry pedestal The base plate anchor bolts shall be embedded a minimum of 20 bolt diameters Into the concrete or masonry pedestal The base plate anchor bolts and post bases shall be galvanized and each anchor bolt shall have at least two galvanized nuts above the base plate (5) Steel Beam to Column Supports. All steel beam to column supports shall be pOSitively braced In each direction Steel beams shall have strffener plates Installed on each Side of the beam web at the column The stiffener plates shall be welded to each beam flange and the beam web 55 Each brace connection or structural member shall consist of at least two % Inch diameter machine bolts (I) Special Inspections. In addition to the provIsions of Item 11 of Section 1701 5 of the California BUilding Code, special inspection shall be proVided for connecting grade beams and tie beams and the placement of all primary and secondary anchors Section 6 Chapter 8 24 of the Santa MOnica MUnicipal Code IS hereby amended to read as follows Chapter 8.24 Electrical Code. 8.24.010 Adoption That certain document entitled "California Electncal Code, 1998 Edition," except Article 89-Admlnlstratlon, as published by the California BUlldmg Standards CommiSSion and the National Fire Protection ASSociation, which adopts by reference the National Electncal Code, 1996 Edition, and the local amendments of this Chapter, IS hereby adopted as the Electncal Code of the City of Santa MOnica 8.24.020 Local Amendments to the California Electrical Code. Notwithstanding any provIsions of the California Electncal Code, or other codes adopted by any Chapter In Article VI I I of the Mun IClpal Code to the contrary, the followmg local amendments shall apply 56 8.24.030 Wiring. (a) Wiring methods permitted by the Callforma Electrical Code may be Installed provided that any wlnng not having metal protection over the conductors shall be entirely concealed within the bUlldmg structure to prevent and inhibit tampenng (b) Cond uctors for general wlnng made of aluminum alloys containing more than 50% aluminum base metal shall not be permitted In dIameters smaller than No 6 8.24.040 Electrical Appliances, Devices, Materials and Equip- ment Regulations. (a) Use of Approved Materials. No person, fIrm or corporation shall sell, offer for sale, loan, rent, dispose of by gift or premium, give or otherwise furnish, proVide or make available for use any electncal material, devIce, appliance or eqUipment, desIgned or mtended for attachment, directly or Indirectly, to any electrical system, Circuit or electncal service for light, heat or power In the City unless such electncal matenal, device, applrance or equipment complies with the provISions of thiS Chapter The BUlldmg Officer IS hereby empowered to enforce the proVISions of thiS Chapter (b) Rating. All electrical materials, deVices, appliances, or eqUIpment deSigned or Intended for attachment, directly or mdlrectly, to any electrical system, CirCUit or electrical service for light, heat or power, shall be only 57 those which conform with the reqUirements of thIs Chapter Each such article shalf bear or contain the maker's name, trademark or Identification symbol, together With such rating by the manufacturer as may be necessary to determine the Intended use The correct operating voltage, amperage and total watts shall be stated and no person shalf remove, alter, deface or obliterate any such marking (c) Approvals. All electncal matenals, devices, appliances, or equipment covered by and Intended to be regulated by thiS Chapter shall conform to the published National Safety Standards for such materrals, devices, appliances or equipment on file In the office of the Umted States Bureau of Standards Copies of these standards are on file In the office of the Supervising Inspector and shalf be open to inspection by the publiC Listing orlabehng by the Underwnter's Laboratones, Inc ,orother recogmzed testing laboratory whose standards are on file With the United States Bureau of Standards shalf be pnma facie eVidence of conformity With these reqUired standards Where no such standards eXist for any matenal, device, appliance or equipment. the BUilding Officer may deSignate a standard for each article submitted, which shalf specify the tests necessary to proVide the degree of safety to life and property as IS generally required by the National Standards for approved matenals, deVices, appliances and equIpment of SImilar or related character or nature (d) Revocation. Any approval granted by the BUilding Officer may be 58 revoked If the electrical material, device, applIance, or equipment IS found to be hazardous, unsuitable for the purpose used or Intended, or does not conform with the standards under which It was approved for use (e) Exceptions. The provISIons of this Chapter shall not be deemed to apply to (1) Safe, substantial, used or second-hand devices or appliances, prOVided that all parts or eqUlpments used In rebUilding or reconstruction shall conform m all particulars with the National Standards for such article, and prOVided further, that such articles when offered for sale shall have the same degree of safety to fife and property as may then be reqUired In a new article of the same type (2) Electrical materials, devices, appliances and equipment which are safe and SUitable for the purpose used or mtended. provided such matenals, devices, appliances and eqUipment are already fully covered and regulated by eXisting laws and ordinances now In effect (3) Vehicles or motor vehicle equipment (4) Industnal or commerCIal appliances which are to be used In a speCifiC location. and which have been submitted to a recognized laboratory for approval as conforming to the standards required hereof but on which final approval IS stili pending, provided, however, that exemption from the proVISions of thiS Code shall be granted separately for each appliance only when satisfactory written eVidence has been filed that laboratory approval 59 has been applied for, and shall continue In force only durmg such time as the BUilding Officer has reason to believe that the testing laboratory will grant final approval certifying compliance to the prescnbed standards (5) Generating, transforming or converting devIces or appliances, nor any device or appliance for measunng or recording current voltage or power 8.24.050 Used Materials. Previously used matenals shall not be re-used In any work Without the advance approval of the Burldlng Officer 8.24.060 Temporary Service Poles and Associated Feeder Poles. (a) The minimum size of a wood pole used to support service equipment, dlstnbutlon equipment and/or conductors shall be 6 Inches by 6 Inches (nominal) If square, or have a top diameter of at least 5 Inches If round, and be of suffiCient length to mamtaln all required overhead clearances as speCified In the California Electrical Code, Section 225-18, but In any case, shall not be less than 20 feet long The lower end shall be embedded not less than 4 feet In the ground An approved self-supporting pole of a matenal other than wood, If of equivalent strength, may be used See Electncal Service ReqUirements of the Serving Agency or Serving Utility for poles exceeding more than 16 feet above grade Exception: A 4-Inch by 4-Inch (nominal) wood pole, or equivalent, embedded 4 feet In the ground, shall be permitted for dlstnbutlon poles used 60 to support temporarywlflng for other than construction power In conformance with Article 305 of the California Electncal Code and located In areas accessible to pedestnans only. (b) Provisions for Temporary Services. (1) Service Equipment. The service equipment including meter enclosures shall be properly Identified for the Intended use (2) Wiring Methods. Raceways on temporary service poles shall be ngld metal condUit, electrical metallic tubing or schedule 80 rigid nonmetallic conduit The raceways shall be supported at Intervals not to exceed 3 feet Metallic raceways shall be enclosed by wood molding or nonmetallic cond Ult not less than 8 feet below the service head (3) Protective Wood Block. A 4-Inch by 4-Inch protective wood block shall be through-bolted to wooden poles Immediately above metallic service heads or open non-Insulated grounded conductors The block shall be placed In a %-Inch gain on round wood poles (4) Receptacle Outlets. 120-volt, smgle-phase, 15- and 20-ampere receptacle outlets shalf have ground-fault Interrupters for personnel protection Receptacles of different voltage and current ratings shall not be Interchangeable See the California Electncal Code. Article 240 for Overcurrent Protection of Conductors and Article 250 for Grounding and Bonding req u I rements 61 If a made pipe or rod electrode IS used for grounding, It shall be driven at least 8 feet Into the earth and spaced at least 18 Inches from the pole 8.24.070 Underground Concrete Vaults and Handholes. (a) Scope: The follOWing reqUirements apply to the use of specially constructed underground concrete vaults and to hand holes (b) Definitions: (1) Vault. A chamber In an underground condUit distribution system containing suffiCient working space and an entrance for personnel (2) Handhole. A chamber smaller than a vault In an underground condUit dlstnbutlon system having a removable cover and used In lieu of a listed pull box (c) Concrete Vault Provisions: (1) The inSide dimensions of an underground concrete vault shall be not less than 4 feet In Width and 4 feet In length (2) The InsIde height shall be not less than 5 feet between the floor and the top or ceiling (3) Circular access openings shall be not less than 26 Inches In diameter and rectangular access openings shall be not less than 24 Inches by 26 Inches (4) Vaults shall be Installed only In permanently accessible locations outside of bUlldmgs (5) Where exposed to vehicular traffiC, the enclosures and their 62 related covers shall be designed for that purpose (6) Where subject to inundation or exposure to the elements. covers shall be sUitably sealed (7) Conduits shall enter the vault In a manner consistent with the type of wlnng method used In accordance with the following (A) CondUits shall enter the enclosure through the walls and be terminated In a manner that proVides su Itable protection for the type of wiring method used (8) CondUits entering the enclosure walls shall terminate not less than 2 Inches from the bottom or one foot from the top (C) Direct bUrial conductors shall enter the enclosure by means of condUit nipples which shall be sUitably sealed (8) SUitable wall supports or racks shall be proVided to secure open conductors In a fixed pOSitIon 2 Inches or more above the floor (9) Walls and floors shall be made of concrete haVing a minimum thIckness of 6 Inches Ceilings shalf be made of concrete haVing a minimum thickness of 8 Inches Vault dimenSions shall be not less than set forth In Article 370 of the California Electrical Code (10) Exposed noncurrent-carrymg metal parts of eqUIpment. conductor supports or racks, condUits and other metal appurtenances, Including any metal cover and Its supporting ring, shall be bonded together and connected to a common ground The size of the grounding means shall be as 63 prescnbed In Section 250-95 of the Callforma Electncal Code Where the run IS exposed. the grounding conductor shall be not smaller than # 8 AWG (d) Handholes Provisions. Except as modifIed by this Subsection, the provIsions of Subsections (c)-4 through (c)-10 for vaults shall apply to hand holes (1) The handhold shall be so designed that the conductors may be pulled, spliced or otherwise handled Without requiring a person to enter the enclosure (2) The minImum depth of hand holes shall be 18 Inches and the WIdth shall not be less than half the depth Handholes shall not exceed three foot In depth from finish grade to the bottom of the handhold (3) Covers for handholes shall be full opemng, made of carbon steel floor plate or equIvalent, and shall have a minimum thIckness of 1/4-Inch, except when they are subjected to vehicular traffiC (e) Prefabncated concrete boxes and their covers that are deSigned for the purpose of hand holes, haVing dimensions less than set forth In Subsections (c) and (d) of this Section, may be used as vaults and hand holes where specifically approved by the BUIlding and Safety DIVISion Section 7 Chapter 8 28 IS hereby added to the Santa MonIca Mumclpal Code to read as follows 64 Chapter 8.28 Mechanical Code. 8.28.010 Adoption. That certain document entItled "California Mechanical Code, 1998 EdItion," published by the California Burldlng Standards Commission and the International Conference of BUIldIng Officials. except Chapter 1- Administration, which adopts by reference the Umform Mechanical Code, 1997 Edition, and the local amendments of this Chapter, are hereby adopted, as the Mechanical Code of the CIty of Santa MOnica 8.28.020 Local Amendments to the California Mechanical Code. NotwithstandIng any provISions of the California Mechanical Code or other codes adopted by any Chapter In Article VIII of the Municipal Code to the contrary, the following local amendments shall apply 8.28.030 Grease Duct Supports. SectIon 507 3 3 of the California Mechanical Code IS amended to read as follows Duct bracing and supports shall be of noncombustible material securely attached to the structure, of not less than the gage reqUired for grease duct construction and desIgned to carry gravity and lateral loads Within the stress limitations of the California BUilding Code Bolts, screws, rivets and other mechanical fasteners shall not penetrate duct walls 65 8.28.040 Low Temperature. Section 508 7 4 ofthe Cafrfornla Mechanical Code IS amended to read as follows 508.74 Low Temperature. Type I hoods where the cooking equipment Includes low-temperature appliances such as medlum-to-Iow- temperature ranges, roasters, roastmg ovens, pastry ovens, pizza ovens and eqUIpment approved for use under Type II hood SectIon 8 Chapter 8 32 IS hereby added to the Santa MOnica MUnicIpal Code to read as follows Chapter 8.32 Plumbing Code. 8.32.010 Adoption. That certain document entitled "California Plumbing Code, 1998 Edition," as pubfrshed by the Callfornra BUIlding Standards CommIssion and the International ASSociatIon of Plumbing and Mechanrcal OffiCials, except Chapter i-AdmInistration, whIch Incorporates by reference the Uniform Plumbing Code, and the local amendments of thiS Chapter, are hereby adopted as the Plumbmg Code of the City of Santa MOnica 8.32.020 Local Amendments to the California Plumbing Code. Notwithstanding any provISions of the Cafrfornla Plumbing Code or other codes adopted by any Chapter In Article VIII of the MUniCIpal Code to 66 the contrary, the following local amendments shall apply 8.32.030 Medium Pressure Gas. The approval of the use of "Medium Pressure Gas" as defined In Section 1218 of the Califorma Plumbing Code for any bUilding or bUilding service eqUipment as defined In Section 103 of the Umform Administrative Code IS hereby specifically reserved to the BUilding Officer Approval of the use of "Medium Pressure Gas" shall be In writing for each specIfic use or application and shall indicate any conditions or requirements for the installation A copy of the written approval shall be transmitted to the applicant. 8.32.040 Water Softener Using Dry Wells for Discharge. Water softener systems uSing dry wells for the discharge of effluents are prohibited Exception When approved by the BUilding Officer, systems WIth regeneration cycles discharging quantities of total dissolved solids that do not exceed those stipulated In the water quality objectives set by the Regional Water Quality Control Board shall be permitted 8.32.050 Combined Storm Drains and Sewers. Section 1104 3 of the California Plumbing Code IS hereby deleted In ItS entirety Section 9 Chapter 8 36 IS hereby added to the Santa MOnica MUnicipal Code to 67 read as follows Chapter 8.36 Energy Code 8.36.010 Adoption That certain document entitled "California Energy Code, 1998 Edition," which IS Part 6 of TItle 24 of the California Code of Regulations, as published by the California Building Standards CommiSSion and the InternatIonal Conference of BUildIng OfficIals, IS hereby adopted as the Energy Code of the City of Santa MOnica Section 10 Chapter 8 40 IS hereby added to the Santa MOnica MUnicipal Code to read as follows Chapter 8.40 Fire Code. 8.40.010 Adoption That certain document entitled "California Fire Code, 1998 Edition", as published by the California BUilding Standards Commission, International Conference of BUilding Officers and Western Fire Chiefs Assoclatron, which Incorporates by reference the Uniform Fire Code, 1997 EditIon, and the local amendments of this Chapter and Chapter 8 44 are hereby adopted, as the Fire Code of the City of Santa MOnica 8.40.020 Local Amendments to the California Fire Code. In addition to the 1998 California Fire Code, those certain documents entitled "Uniform FIre Code Standards, 1997 Edition", AppendiX Chapters 1- 68 A, 1-8, I-C, 11-8, II-F, II-G, II-H, II-I, II-J, III-A. 111-8, III-C. IV-A, IV-8, IV-C, V-A, VI-A, VI-B, VI-C and VI-D of the "UnIform Fire Code, 1997 EditIon", as published by the International Conference of BUilding Officers and Western Fire Chiefs ASSOCIation and the "National Fire Codes, 1999 Edition," published by the National Fire Protection ASSOCiation. and the local amendments of Chapter 8 44 are hereby adopted as part of the FIre Code of the City of Santa MOnica. Section 11 Chapter 8 44 IS hereby added to the Santa MOnica MUniCipal Code to read as follows Chapter 8.44 Fire and Life Safety Prevention Requirements. 8.44.010 Application. NotwIthstanding any provISIons of the Uniform BUilding Code, Cahfornla Building Code, Uniform Fire Code, CalIfornia FIre Code, California BUild Ing Standards Code, State HOUSing Law or other codes adopted by any Chapter In Article VIII of the MUniCipal Code to the contrary, the follOWing local amendments shall apply 8.44.020 Purpose The purpose of thiS Chapter IS to promote publiC safety and welfare by redUCing the cumulative Impact of certain indiVidual construction and bUIlding projects, each WIth an Increased potential demand on the rescue and fire suppression resources of the community The City CounCil 69 establishes the policy of regulating both new and eXisting bUildings In this class by reqUiring approved automatIc fire extinguishing and detection systems, standpIpes, fire resIstive doors, and other construction to be provided In these structures at the time of theIr construction, converSion, alteration and maintenance so as to significantly reduce the potential demand from Simultaneous InCidents on emergency servIce resources 8.44.030 Scope The prOVIsIons of thiS Chapter shall apply to all new and eXisting bUildings Within the City, as Indicated below Structures for which a bUilding permit has been Issued pnor to July 1. 1999, shall be conSidered as eXisting bUildings 8.44.040 Definitions. For purposes of this Chapter, the follOWing defimtlons shall apply Full Automatic Fire Sprinkler System IS a system that meets the requirements of the Fire Code adopted by Chapter 8 40 of the MUnicipal Code Automatic Fire Detection Alarm System IS a system that complies with Santa Monica Fire Department requirements and IS an approved arrangement of smoke, rate-of-nse, fixed temperature. or any other detector wh Ich IS approved for the use Intended The system shall alert a II occupants of a bUilding In case of fire and, when required by the Fire Chief, notify the Fire Department through Central Station Momtorlng 70 8.44.050 Requirements for Automatic Fire Extinguishing and Protection Sprinkler Systems (a) When Required. An approved automatic fire spnnkler system shall be Installed as set forth In this Chapter under the following conditions (1) In all new construction, without regard to floor area or area separation walls (2) Throughout any eXisting bUilding when there IS a change In occupancy classification to a more hazardous DIvIsion, as shown In Table 8 44-A below or as determined by the Fire Chief TABLE 8.44-A1 DEGREE OF OCCUPANCY HAZARD RANK OCCUPANCY CLASS 1 Groups E and I 2. Groups A, Divisions 2 and 2 1 3. Group R, Division 1 and Group A, DIVISion 3 4 Group H, Divisions 1, 2 and 6 5 Group H, Division 3, 4, 5, 7 and 8 6. Groups B, F, and M; Group S, Divisions 1 and 2 7. Group 5, DiVisions 3, 4 and 5 8 Group R, Division 3 9 Group U, Division 1 1 To use the table - Step 1 Find the eXisting Occupancy ClaSsification or DIVISion In the Occupancy Class column Step 2 If the new Occupancy ClassificatIon or DIVIsion IS ranked above the eXisting class, then the entire 71 bUilding reqUires a full automatIc fire sprinkler system (3) Throughout any existing bUilding whenever more than fifty percent (50%) cumulative, of the eXisting floor area. Including mezzanines, IS added to and/or remodeled within three calendar years (4) Throughout any eXisting bUilding whenever more than fifty percent (50%) of the roof structure IS exposed (5) Throughout any eXisting bUilding whenever more than fifty percent (50%) of the mtenor or exterior walls or partitions are exposed (6) Throughout any existing building whenever an addItional story IS added Exception An automatic fire sprinkler system IS not reqUired, In an eXisting Single-family dwelling, when the added story does not Increase eXisting permitted floor area by more than 33-1/3 percent (7) Throughout any eXisting bUlldmg or structure determmed to be used pnmarlly for public assembly more than 5,000 square feet In total floor area ThIS Subsection shall not apply to bUIldings or structures with an approved full automatIc fire sp rlnkler system or to churches and theaters with fixed seating (8) Throughout the entire floor of any eXisting non-residential bUilding eq ulpped with a partial fire spn nkler system whenever more than fifty percent (50%) of the floor space IS altered or reconfigured (b) Exceptions. The requirements of Subsection (a) above shall not 72 apply to (1) Hospitals as defined In Health and Safety Code Section 1250 (2) BUildings used exclusively as open parking garages (3) BUildings such as power plants, lookout towers, steeples, grain houses, and similar structures with noncontinuous human occupancy only when so determined by the Fire Chief (4) BUildings owned by any public agency or school district (c) When a fire sprinkler system IS required In any bUilding that does not have a designated occupant and use at the time fire sprinkler plans are submitted for approval, the system shall be designed and Installed to deliver a mInimum densIty of not less than that requIred for Ordinary Hazard, Group 2, with a minimum design area of not less than 3,000 square feet When a subsequent change In occupancy classIfication requires the fire spnnkler system to deliver a higher minimum denSity, It shall be the responsibility of the bUlldmg owner to upgrade the system to the reqUired denSity for the new use 8.44.060 Enforcement When It IS determined that a bUilding does not comply With the reqUIrements of Section 8 44 050 of the MUniCipal Code, the owner shall be served With a notice by registered or certified mall, return receipt requested and the notice shalf be deemed served on the date It is placed In the United States Postal System The notice shall specify the manner In which the 73 bUilding falls to meet the minimum requirements of this Chapter It shall direct that plans be submItted to and that necessary permIts be obtained from the Fire Department not less than ninety (90) days after the service of the notice, and that corrections be completed not later than one year after service of the notice 8.44.070 Notice of Non-compliance. Any bUilding or structure faIling to meet the proVIsions of Section 8 44 050 of the MunIcipal Code shall be posted With a notice of non- conformance The notice shall be posted at the main entrance of the structure or structures, or as close thereto as reasonably possible, until all reqUired work has been completed to the satisfaction of the Fire Chief 8.44.080 Standards. The FIre Chief and BUilding Officer are JOintly authOrized to promulgate standards regarding the InstallatIon and type of automatic fire sprinkler systems reqUIred by Section 844050 of the Municipal Code 8.44.090 High-Rise Building Requirements. New bUildings or structures housmg any occupancy claSsification having floors used for human occupancy more than fifty-five feet above the lowest level of Fire Department vehicle access shall comply With the hlgh-nse bUilding reqUirements contained In Section 403 of the California BUlldmg Code, 1998 Edition 74 These requirements shall not apply to (1) HospItals as defined In Health and Safety Code SectIon 1250 (2) BUildings used exclusively as open parking garages (3) BUildings such as power plants, lookout towers, steeples, grain houses, and similar structures with noncontinuous human occupancy only when so determined by the Fire Chief (4) BUildings owned by any public agency or school dlstnct Any full automatIc fire spnnkler system Installed In any hIgh-rise bUilding shall have two connections with control valves to Independent risers on each floor level, with each nser being of the size necessary to supply the required water supply 8.44.100 Smoke Detectors Existing Residential Occu pancies. (a) General. In every eXisting apartment, dwelling Unit, guestroom, one or two family dwelling or condominium, hotel or motel room, smoke detectors shall be Installed In accordance with the provIsions of thiS Section (b) Existing Group R Occupancies. On or before July 1, 2001 approved and listed smoke detectors, which may be battery-powered, shall be Installed and located In accordance with Section 1007 2.9 2 of the California Fire Code (c) Residential Occupancy Remodels. Approved and listed smoke detectors, which meet the provIsIons of Sections 3109 1 3 and 310 9 1 4 of 75 the California Buildmg Code, shall be Installed when any of the followIng occurs' (1) add Itlon of a story which Increases total floor area by more 33-1/3 percent, or (2) more than 50% of the eXlstmg roof structure IS removed, or (3) the floor area of an eXisting residence With a floor area of 1,000 square feet or less Increases more than 75%, or (4) the floor area of an eXisting residence With a floor area of more than1 ,000 square feet Increases more than 50% (d) Transfer of Property. Prior to the sale or exchange of reSIdential bUildings subject to Chapter 9 08 of thiS MUnicipal Code, the seller shall certify, on the report of reSidential bUilding record, that approved and listed smoke detectors have been Installed Smoke detectors, which may be battery-powered, shall be Installed and located In accordance With California Fire Code, Section 1007 2 9 2 (e) Maintenance. Smoke detectors shall be maintained In an operable condition at all times Detectors shall be tested, maintained and cfeaned at least annually by the bUilding owner Proof of maintenance and cleaning shall be maIntained by the bUilding owner for a minimum offlve years New batteries shall be Installed In smoke detectors an nually or In accordance With the manufacturer's instructions When It IS determined that any Installed smoke detector was manufactured more than 10 years pnor to the effective 76 date of this Chapter, It shall be replaced Exception Single-family dwellings, which are owner occupied, do not need to mamtam a written record of proof of mamtenance and cleaning (f) Service. Smoke Detectors shall be tested, cleaned, serviced, and replaced as needed every five years by a licensed C-10 electncal/fire alarm contractor Written record of the service for each detector shall be malntamed by the bUlldmg owner and shall be made available for review by the Fire Department upon request Wntten certIfication of the reqUired five year service shall be submitted to the Fire Prevention DIvIsion of the Fire Department Exception Smgle-famlly dwellings, which are owner occupied, do not need to maintain a wntten record (g) Hearing Impaired Occupants In a dwelling Unit occupied by one or more hearing Impaired persons, each smoke detector shall cause the operation of approved notification appliances for the hearing Impaired VIsible notification appliances used In rooms where hearing Impaired persons sleep shall have a minimum rating of 177 candela for a maximum room size of 14 ft by 16 ft For larger rooms, the notification appliance shall be located Within 16 ft of where the pillow IS normally located Wall mounted Visual notification appliances which are part of a smoke detector shall be located between four and twelve Inches below the ceiling measured to the top of the smoke detector Visual notification appliances In non-sleeping 77 areas shall have a minimum rating of 15 candela ExceptIOn' Where a vIsual notIficatIon appliance In a sleepmg room IS mounted more than 24 Inches below the ceiling, a minimum ratIng of 110 candela shall be permItted Since hearing deficits are often not readily apparent, the responsibility to advise the property owner or manager shall rest with the heanng Impaired party The responsibility for compliance shall rest with the property owner or manager. 8.44.110 Standards for Fire Protection Systems. (a) General. Fire Protection systems shall conform to the standards adopted by Chapter 8 40 of the MunIcipal Code and to supplemental requirements of the Fire Chief (b) System Monitoring Alarm systems, required by Chapter 8 40 of the MUnicipal Code shall be mOnitored by an approved and listed central station Exception FIre spnnkler systems contammg less than one hundred heads may be provided with a local alarm (c) Annunciation and Control. ExtingUishing systems shallrnclude control valves and Signaling devices to control and Indicate system operation by floors or other approved subdivIsions An approved annuncIator panel shall be provided In an approved location near the prrnclpal entrance (d) Fire Department Connections and System Zones. Systems shall be provIded wIth hsted FIre Department connections at approved locations on public street frontages Multiple extenor connections and system 78 zones shall be Interconnected (e) Design, Approval, Acceptance, Testing and Maintenance. Fire alarm systems shall be maintained In an operable condItion at all times When required by the Fire Chief. an approved fire watch shall be provided and maintained while a fire and life safety system IS inoperative or ImpaIred The fIre watch shalf be maintained until the inoperative or Impaired system IS restored a fully operational condition and a test IS approved by the Fire Department (f) Approval, Acceptance, Testing of New Fire Alarm Systems. New fire alarm systems shall be designed, Installed, tested and maintained In accordance With the provisions of the National Fire Alarm Code pubhshed by the NatIonal Fire Protection Association (g) Existing Fire Alarm Systems. EXisting fire alarm systems shall be tested and maintained In accordance With the provIsIons of the NatIonal Fire Alarm Code 8.44.120 Seismic Protection of Fire Sprinkler Systems. (a) General. ThIs Section shall be applicable to all eXisting automatic fire sprinkler systems Installed pnor to January 1, 1996 At the time of reqUired five (5) year service. the seismiC protection of all automatic fire sprinkler systems shalf be Inspected In accordance With thiS Section The C-16 contractor performing the Inspection shall prepare a wntten notice of system defiCienCies. which shall be submitted to the Fire Prevention DIVISIon 79 (b) Standard. Seismic protection shall comply with the 1996 Edition of NFPA 13, Standard for the Installation of Automatic Fire Spnnkler Systems (c) Restricted Fasteners. Through bolts with washers and nuts shall be used to secure earthquake bracing In wood members Lag screws shall not be used to secure longitudinal bracing In wood members Powder-dnven studs shall not be used to secure earthquake bracmg In concrete or masonry members When It IS determined that powder-driven studs have been used, they shall be replaced with an approved fastener (d) Suspended Ceilings. Ceilings shall be braced With splayed seismiC bracing wire (e) Unsupported Sprinklers Spnnklerdrops longer than 8 feet shall be braced With splayed seismiC bracing wire (f) Armovers. Armovers used to pOSItion spnnkler heads In ceilings shall be braced With splayed seismic bracing wire (g) Branch lines. A listed wrap-around hanger shall be mstalled on all branch lines Within 18-Inches of the end (h) Unlisted Mechanical Couplings. All unlisted mechanrcal couplings shall be replaced With approved and listed mechanrcal couplings (I) Unbraced Systems. Listed bracing shall be Installed In accordance With NFPA 13, 1996 Edition (J) Threaded Pipe. All sprinkler systems shall use shop-welded 80 branch lines The branch lines shall be secured to cross-mains by approved grooved mechanical fittings Longitudinal and lateral bracing shall be Installed on feed mains, cross-mains and branch lines largerthan 25 Inches Bracing shall be Installed on smaller branch lines that could stnke fight fixtures, bUildIng system components. and bUilding structural members (k) Threaded Pipe Sway Bracing. No thin wall pipe shall be used for sway bracing Pipe used shall be minimum Schedule 40 (I) Retaining Straps. All C-c1amp type hangers shall be equipped With retammg straps (m) Notification and Enforcement. Notification, enforcement and compliance shall be In accordance With Sections 8 44 060 and 8 44 070 of the MUnicipal Code When It IS determmed that an eXlstmg automatic fire spnnkler system does not meet the minimum standard, the bUilding owner shall be notified In accordance With this Subsection 8.44.130 Plans and Specifications Pnor to installation of any automatic fire extmgulshlng, life safety or fire protection system required by this Chapter, the Fire Chief shall approve the plans and specifications for the system 8.44.140. Fire Retardant Roofing. All roofs shall be Class A or B roofing assemblies In accordance With Uniform BUlldmg Code Standard 15-2 The use of non-tire-retardant wood shingles or non-tire-retardant shakes for new or replacement rooting IS 81 prohibited Section 12 Chapter 8 48 IS hereby added to the Santa MOnica MUnicipal Code to read as follows Chapter 8.48 Building Security. 8.48.010 Purpose. (a) The purpose of this Chapter IS to provide minimum standards to safeguard property and public welfare by regulating and controlling the deSign, construction, and quality of matenals, and the location and maintenance of all bUildIngs and structures wlthm the City of Santa MOnica In compliance with SectIon 14051 of the California Penal Code, relating to BUlldmg Securrty (b) Secunty methods shall not create a hazard to life by obstructing any means of egress or any opening which IS clasSified as an emergency eXiting faclhty Securrty provIsions shall not supersede the safety requirements relating to latching or locking deVices on eXit doors which would be contrary to the provIsions of this Chapter or be construed to waive any other provISion of these Codes 8.08.020 8.48.020 Scope. Unless speCified otherwise, the provIsions of this Chapter shall apply to all new construction and condominium conversions Any bUildIng as defined In the California BUilding Code and Title 19 of 82 the California Administrative Code, reqUiring special type releasing I latching, or locking devices, other than desCribed herein, shall be exempt from the provIsions hereof relating to locking devices of Intenor and/or exterior doors 8.48.030 Definitions. For the purpose of this Chapter certain terms are defined as follows "Approved" means certified as meeting the requirements of thiS Chapter by the enforcing authonty or ItS authonzed agents, or by other offiCials designated by law to give approval on a particular matter dealt With by the proVISions of thiS Chapter With regard to a given matenal, mode of construction, piece of equIpment or device "Astragal" means a narrow half round molding or a projecting strip on the edge of a folding door "Auxiliary Locking Device" means a secondary locking system added to the primary locking system to proVide additional security "Bolt" IS a metal bar which, when actuated, IS proJected (or thrown) either hOrizontally or vertically Into a retaining member, such as a strike plate, to prevent a door or Window from moving or opening "Bolt Projection" or "Bolt Throw" IS a distance from the edge of the door, at the bolt center line, to the farthest pOint on the bolt In the proJected posItion "Burglary Resistant Glazing" means those materials as defined In U L Bulletin 972 83 "Commercial Building" means a bUilding, or portion thereof used for a purpose other than dwelling "Component", as distingUished from a part, IS a subassembly whIch combines with other components to make up a total door or window assembly For example, the primary components of a door assembly Include door, lock, hmges, Jamb/wall, Jamb/strike and wall "Cylinder" means the subassembly of a lock contaIning the cylinder core, tumbler mechanism and the keyway A double cylinder lock IS one whIch has a key-actuated cylinder on both the extenor and Intenor of the door "Cylinder Core or Cylinder Plug" IS the central part of a cylinder containing the keyway, which IS rotated by the key to operate the lock mechanism "Cylinder Guard" means a tapered or flush metal ring or plate surrounding the otherwise exposed portion of a cylinder lock to resist cutting, drilling, prying, pulling, or wrenching with common tools "Dead bolt" IS a lock bolt which does not have a spnng action as opposed to a latch bolt, which does The bolt must be actuated by a key or a key and a knob or thumb turn and when projected becomes locked against return by end pressure "Dead Latch or Deadlocking Latch Bolt" means a spnng actuated latch bolt havIng a beveled end and incorporating a plunger WhiCh, when 84 depressed, automatically locks the proJected latch bolt against return by end pressure UDoor Assembly" IS a Unit composed of a group of parts or components which make up a closure for an opening to control passageway through a wall For the purposes of this Chapter, a door assembly consists of the following parts door, hinges, locking device or devices, operation contacts (such as handles, knobs, push plates), miscellaneous hardware and closures, the frame, including the head, threshold and jambs plus the anchorage devices to the surrounding wall and a portion of the surrounding wall extending 36 Inches from each sIde of the jambs and 16 Inches above the head "Door Stop" means that proJection along the top and sides of a door jamb which checks the door's sWinging action "Double Cylinder Deadbolt" means a dead bolt lock which can be activated only by a key on both the Intenor and the extenor "Dwelling" means a bUilding or portion thereof designed exclUSively for resIdential occupancy, including single family and multiple family dwellings "Enforcing Authority" IS the agency or person having the responsibility for enforCing the proVISions of thiS Chapter "Flushbolt" IS a manual, key or turn operated metal bolt normally used on mactlve door(s) and IS attached to the top and bottom of the door 85 and engages In the head and threshold of the frame "Fully Tempered Glass" means those matenals meeting or exceeding ANSI standard Z 97 1 Safety Glazing "Jamb" means the vertical members of a door frame to whIch the door IS secured "JamblWall" IS that component of a door assembly to which a door IS attached and secured The waif and Jamb used together are considered a umt "Key-In-Knob" means a lockset havmg the key cylinder and other lock mechamsms contamed In the knob "Latch or Latch Bolt" IS a beveled, spnng-actuated bolt which may or may not have a deadlockmg device "Lock [or Lockset]" IS a keyed device (complete wIth cylinder, latch or deadbolt mechamsm, and trim such as knobs, levers, thumb turns, escutcheons, etc) for securmg a door m a closed position against forced entry For the purposes of thiS Chapter a lock does not Include the stnke plate "Multiple Family Dwelling" means a bUilding or portion thereof designed for occupancy by two or more families living mdependently of each other, including hotels, motels, apartments, duplexes and townhomes "Panic Hardware" means a latching device on a door assembly for use when emergency access IS required due to fire or other threat to life 86 safety Devices designed so that they will faCilItate the safe egress of people In case of an emergency when a pressure not to exceed 15 pounds IS applied to the releasmg device In the directIOn of eXit travel Such releasing devices are bars or panels extendmg not less than two-thirds of the width of the door and placed at heights sUitable for the service reqUired, lot less than 30, not more than 44 mches above the floor "Part", as distinguished from component, IS a Unit (or subassembly) which combInes with other units to make up a component "Primary Locking Device" means the Single locking system on a door or wmdow umt whose pnmary function IS to prevent unauthorized mtruslon "Private or Single Family Dwelling" means bUilding designed exclusively for occupancy by one family "Rail" means the hOrizontal member of a wmdow or door A meetmg rail IS one which mates WIth a rail of another sash or a frammg member of the door or Window frame when the sash IS In the closed posItion "Sash" IS an assembly of stiles, ralls, and sometimes, mullions assembled Into a smgle frame whIch supports the glaZing matenal A fixed sash IS one which IS not mtended to be opened A movable sash IS mtended to be opened "Sill" IS the lowest hOrizontal member of a wmdow frame "Single Cylinder Deadbolt" means a deadbolt lock which IS activated 87 from the outside by a key and from the inside by a knob, thumb-turn, lever, or similar mechanism "Solid Core Door" means a door composed of solid wood or any door equal In strength to sohd wood construction "Stile" IS a vertical framing member of a window or door "Strike" IS a metal plate attached to or mortised Into a door or door Jamb to receive and to hold a projected latch bolt and/or dead bolt In order to secure the door to the Jamb "Swinging Door" means a door hinged at the stile or at the head and threshold "U.L. Listed" means tested and listed by Underwnters Laboratory, Inc "Value" means estimated cost to replace the bUilding based on current replacement costs "Window Assembly" IS a Unit which Includes a window and the anchorage between the wmdow and the wall "Window Frame" IS that part of a Window which surrounds and supports the sashes and IS attached to the surrounding wall The members mclude Side Jambs (vertical), head Jamb (upper, hOrizontal), Sill and mullions 8.48.040 Enforcement provisions. The enforcement authority shall be the BUilding and Safety DIvIsion The enforcement authority IS directed to administer and enforce the 88 provIsions of thIs Chapter 8.48.050 Violations and penalties. It shalf be unlawful for any person, firm or corporatIon to erect, construct, enlarge, alter, move. Improve, or convert, any bUIlding or structure or cause same to be done, contrary to or In vlolatron of any of the provIsIons of this Chapter Any person, firm, or corporation violating any of the provIsions of this Chapter IS gUilty of a misdemeanor and shalf be pUnishable for each offense, by a fine of not more than $50000, or by confinement In jail for not more than SIX months, or by both fine and confinement In Jail 8.48.060 Appeals. In order to prevent or lessen the unnecessary hardshIp or practical difficulties In exceptional cases where It IS difficult or Impossible to comply with the strict letter of thIs Chapter, the owner or his or her desIgnated agent shall have the option to apply for an exemption from any provIsion of thIs Chapter to the City Council The City Council shall exercise ItS powers on these matters In such a way that the pubhc welfare IS secured, and substantial Justice done most nearly In accord with the Intent and purpose of this Chapter 8.48.070 Alternate materials and methods of construction. The proVISIOns ofthls Chapter are not Intended to prevent the use of any matenal or method of construction not speCifically prescnbed by this 89 Chapter provided any such alternate has been approved by the BUilding and Safety DIVIsIon nor IS It the Intention of thiS Chapter to exclude any sound method of structural design or analysIs not specifically provided for In thiS Chapter Matenals and methods of construction or structural design limitations provided for In thiS Chapter are to be used unless an exception IS granted by the BUlldmg and Safety DIVISion The enforcing authorrty may approve any such alternate provided they find the proposed design to be satisfactory and the materral and method of work IS, for the purpose Intended, at least equivalent to that prescnbed In thiS Chapter In quality, strength, effectiveness, burglary, resIstance, durability and safety 8.48.080 Keying requirements. Upon occupancy by the owner or propnetor, each single Unit In a tract or commercial development, constructed under the same general plan t shall have locks uSing combinatIons which are mterchange free from locks used In all other separate dwellings, propnetorshlps or slmllardlstmct occupancIes 8.48.090 Frames/jambs/strikes/hinges. InstallatIon and construction offrames, Jambs, strikes and hinges shall be as follows (a) Door Jambs shall be Installed With solid backing m such a manner that any open space between trimmers and wood doorjambs shall be solid shimmed by a single piece extendmg not less than 12 Inches above and 90 below the stnke plate (b) Door stops on wooden Jambs for Inswlnglng doors shall be of one piece construction with the Jamb Jambs for all doors shall be constructed or protected so as to prevent vIolation of the stnke (c) In wood framing, honzontal blocking shall be placed between studs at door lock height for three (3) stud spaces each side of the door openings Tnmmers shall be full length from the header to the floor with solid backing against sole plates (d) The stnke plate for deadbolts on all wood framed doors shall be constructed ofmlmmum sixteen (16) US gauge steel, bronze, or brass and secured to the Jamb by a minimum of two screws, which must penetrate at least two (2) Inches mto solId backing beyond the surface to which the stnke IS attached (e) Hinges for out-swinging doors shall be eqUIpped With non- removable hinge pinS or a mechamcallnterlock to preclude removal of the door from the extenor by removing the hinge pins (f) Not less than three 4-1/2-Inch steel butt hinges shall be symmetrrcally fastened to both the door and frame With not less than four No 9 by 3/4-lnch wood screws or to metal With not less than four No 8 machine screws (g) In wood construction, an open space between tnmmers and wood dOOrjambs shall be solid shimmed extending not less than 6 Inches above 91 and below the hmge plate 8.48.100 Windows/sliding glass doors. The following requirements must be metforwlndows and sliding glass doors (a) Except as otherwise specified In MUnicipal Code Sections 848 120 (SpecIal Residential BUilding ProvIsions) and 848 130 (Special Commercial BUilding ProvIsions), all openable extenor windows and slIdIng glass doors shall comply with the tests as set forth In Section 848 140 (T ests) (b) Window assemblies which are designed to be openable and which are regulated by thiS Chapter shall comply with Umform BUilding Code Standard 10-6, unless such windows are protected by approved metal bars, screens or 9 nlles (c) SlIdmg door assemblies regulated by thiS Chapter shall comply with Uniform BUlldmg Code Standard 10-5, Part II (d) Louvered wmdows shall not be used when any portion of the wmdow IS less than twelve (12) feet vertically or SIX (6) feet honzontally from an accessible surface or any adjOIning roof, balcony, landing, stair tread, platform, or Similar structure 8.48.110 Garage type doors--Rolling overhead, solid overhead, swing, added by sliding or accordion. The above deSCribed doors shall conform to the followmg standards 92 (a) Wood doors shall have panels a minimum of five-sixteenths (5/16) Inch In thIckness with the locking hardware being attached to the support framing (b) Aluminum doors shall be a minimum thickness of 0215 Inches and nveted together a minimum of eighteen (18) Inches on center along the outsIde seams There shall be a full width hOrizontal beam attached to the main door structure which shalf meet the pilot, or pedestrian access, door framing Within three (3) Inches of the strike area of the pilot or pedestrian access door (c) Fiberglass doors shall have panels a minimum denSity of SIX (6) ounces per square foot from the bottom of the door to a height of seven (7) feet Panels above seven (7) feet and panels In reSidential structures shall have a denSity not less than five (5) ounces per square foot (d) Doors utiliZing a cylinder lock shall have a minimum five (5) pin tumbler operation With the locking bar or bolt extending Into the receiving gUide a minimum of one (1) Inch (e) Doors that exceed sixteen (16) feet In Width shall have two lock receiving pomts, or, If the door does not exceed nineteen (19) feet, a Single bolt may be used If placed m the center of the door With the locking pOint located either at the floor or door frame header, or, torsion spnng counter balance type hardware may be used (f) Except In a residential bUilding, doors secured by electrical 93 operation shall have a keyed-switch to open the door when In a closed position, or by a signal locking devIce (g) Doors with slide bolt assemblies shall have frames a minimum of 120 Inches In thickness, with a minimum bolt diameter of one-half (1/2) Inch and protrude at least one and one-half (11/2) Inches Into the receiving gUide A bolt diameter of three-eighths (3/8) Inch may be used In a residential bUilding The slide bolt shall be attached to the door with nonremovable bolts from the outside Rivets shall not be used to attach slide bolt assemblies (h) Except In a reSidential bUilding, padlock(s) used with extenor mounted slide bolt(s) shall have a hardened steel shackle locking both at heel and toe and a minimum five pin tumbler operation WIth nonremovable key when In an unlocked pOSition Padlock(s) used With Intenor mounted slide bolt shall have a hardened steel shackle With a minimum four pin tumbler operation 8.48.120 Special residential building provisions. (a) Except for vehicular access doors. all extenor sWinging doors of any residential bUilding and attached garages, including the door leading from the garage area Into the dwelling Unit shall be eqUipped as follows (1) All wood doors shall be of solid core construction With a minimum thickness of one and three-fourths (1 3/4) Inches, or with panels not less than nine-sixteenths (9/16) Inch thick SWinging doors shall comply With Unrform BUilding Code Standard 10-5, Part I Doors In pairs shall be tested In pairs 94 (2) A single or double door shall be eqUipped with a single cylinder dead bolt lock This dead bolt lock must be actuated by a key from the extenor and a knob or thumb turn from the Intenor and when projected becomes locked against return by end pressure The bolt shall have a minimum proJection of one (1) Inch and be constructed so as to repel cutting tool attack The deadbolt shall have an embedment of at least three-fourths (3/4) Inch Into the stnke receiving the projected bolt The cylinder shall have a cylinder guard, a minimum of five pin tumblers, and shall be connected to the Inner portion of the lock by connecting screws of at least one-fourth (1/4) lnch In diameter All installation shall be done so that the performance of the locking device will meet the Intended anti-burglary reqUIrements A dual locking mechanism constructed so that both dead bolt and latch can be retracted by a Single action of the Inside door knob, or lever, may be substituted prOVided It meets all other speCifications for locking devices (3) The Inactive leaf of double door(s) shall be eqUipped With metal flush bolts having a minimum embedment of five-eighths (5/8) Inch Into the head and threshold of the door frame Single-SWinging doors and the active leaf of doors In pairs shall be eqUIpped With an approved extenor key-operating dead bolt whIch has been tested In accordance With Uniform BUilding Code Standard 10-5, Part I See Chapter 10 of the California BUilding Code for reqUirements on door operation for eXiting 95 (4) Glazing In extenor doors or within forty (40) Inches of any locking mechanism shall be of fully tempered glass or rated burglary resistant glazing, except when double cylinder dead bolt locks with a key retaining feature are Installed (5) Except where clear VISIon panels are Installed, all front extenor doors shall be equipped with a wIde angle (1800) door viewer (b) Street numbers and other Identifying data shall be displayed as follows (1) All residential dwellings shall display a street number In a prominent location on both the street Side of the reSIdence and on the alley Side of the property In such a pOSition that the numbers are eaSily VISIble to approaching emergency vehicles The numerals shall be no less than four (4") Inches In height and shall be of a contrasting color to the background to which they are attached (2) There shall be positioned at each entrance of a multiple family dwelling complex an Illuminated diagrammatic representation ofthe complex which shows the location of the viewer and the Unit designations Within the complex In addition, each mdlvldual Unit Within the complex shall display a prominent Identification number, not less than four (4) Inches In heIght, which IS eaSily VISible to approaching vehicular and/or pedestnan traffic (c) Lighting m multiple family dwellings shall be as follows (1) Aisles, passageways, and recesses related to and Within the 96 bUlldmg complex shall be Illuminated WIth an intensity of at least one (1) footcandle at the ground level dunng the hours of darkness Lighting devices shalf be protected by weather and vandalism resistant covers (2) Open parking lots, garages, and car ports shall be provided With a maintained mlnrmum of one (1) footcandle of fight on the parking surface during the hours of darkness Lighting devices shalf be protected by weather and vandalism resIstant covers 8.48.130 Special commercial building provisions. (a) SWlngmg exterior glass doors, wood or metal doors With glass panels, solid wood or metal doors shall be constructed or protected as follows (1) Wood doors shall be of solid core construction With a minimum thickness of one and three-fourths (1-3/4) Inches Wood panel doors With panels less than one (1) Inch thick shall be covered on the inSide With a minimum sixteen (16) U S gauge sheet steel, or ItS eqUivalent, whIch IS to be attached With screws on minimum SIX (6) Inch centers Hollow steel doors shall be of a minimum sixteen (16) U S gauge and have suffiCient remforcement to mamtam the designed thickness of the door when any lockIng device IS Installed, such reinforcement being able to restrict collapSing of the door around any locking device (2) Any glaZing utilized Within 40 mches of any door locking mechanism shall be constructed or protected as follows 97 (A) Fully tempered glass or rated burglary resIstant glaZing, or (B) Iron or steel gnlls of at least one-eighth (1/8) Inch material with a minimum two (2) Inch mesh secured on the inside of the glaZIng may be utilized, or (C) The glaZing shall be covered with Iron bars of at least one-half (1/2) Inch round or one Inch by one-fourth Inch (1" x 1/4") flat steel matenal, spaced not more than five (5) Inches apart, secured on the InSide of the glaZing (0) Items (8) and (C) above shall not Interfere with the operation of opening Windows If such wmdows are reqUired to be openable by the CalifornIa BUildIng Code (b) All sWinging extenor wood and steel doors shall be equipped as follows (1) A Single or double door shall be equipped With a Single cylinder dead bolt lock The dead bolt lock must be actuated by a key from the extenor and a knob or thumb turn from the Intenor and when proJected becomes locked against return by end pressure The bolt shall have a minimum projection of one (1) Inch and be constructed so as to repel cutting tool attack The deadbolt shall have an embedment of at least three-fourths (3/4) Inch Into the stnke receiving the projected bolt. The cylinder shall have a cylmder guard, a minimum offlve pm tumblers, and shall be connected to the Inner portion of the lock by connecting screws of at least one-fourth Inch In 98 diameter The prOVISions of the preceding paragraph do not apply where (1) panic hardware 1$ reqUired, or (2) an eqUivalent devIce IS approved by the enforCIng authority (2) Double doors shall be eqUipped as follows (A) The inactive leaf of double door(s) shall be equipped With metal flush bolts having a minimum embedment of five-eighths Inch Into the head and threshold of the door frame (B) Double doors shall have an astragal constructed of steel a minimum of 125 Inch thick which Will cover the opening between the doors The astragal shall be a minimum of two Inches Wide, and extend a minimum of one Inch beyond the edge of the door to whIch It IS attached The astragal shall be attached to the outside of the active door by means of welding or With non-removable bolts spaced apart on not more than ten-Inch centers (c) Aluminum frame sWinging doors shall be equipped as follows (1) The Jamb on all aluminum frame sWinging doors shall be so constructed or protected to Withstand sixteen hundred pounds of pressure In both a vertical distance of three Inches and a hOrizontal distance of one Inch each SIde of the stnke, so as to prevent Violation of the strike (2) A Single or double door shall be equipped WIth a double cylinder dead bolt With a bolt proJection exceeding one Inch, or a hook shaped or expanding dog bolt that engages the strike suffiCiently to prevent spreading The dead bolt lock shall have a minimum of five pin tumblers and a cylinder 99 guard (d) Panic hardware, whenever required by the California BUIlding Code or Title 19 of the California Administrative Code, shall be Installed as follows (1) Panic hardware shall contain a minimum of two locking pOints on each door, or (2) On Single doors, panic hardware may have one lockIng pOint which IS not to be located at either the top or bottom rails of the door frame The door shall have an astragal constructed of steel 0 125 inch thick which shall be attached With non-removable bolts to the outside of the door The astragal shall extend a minimum of SIX mches vertically above and below the latch of the panic hardware The astragal shall be a minimum of two Inches Wide and extend a minimum of one Inch beyond the edge of the door to which It IS attached (3) Double doors containing panic hardware shall have an astragal attached to the doors at their meetmg pOint which Will close the opening between them, but not Interfere With the operation of either door (e) Honzontal slldmg doors shall be equipped With a metal gUIde track at top and bottom and a cylinder lock and/or padlock With a hardened steel shackle which locks at both heel and toe, and a minimum five pin tumbler operation With non-removable key when In an unlocked pOSItion The bottom track shall be so designed that the door cannot be lifted from the track when 100 the door IS In a locked position (f) In office bUildings (multiple occupancy), all entrance doors to Individual office sUites shall meet the constructIon and locking requirements for extenor doors (9) Windows shall be deemed accessible If less than twelve feet above ground Accessible windows having a pane exceeding nrnety-slx square Inches In an area with the smallest dimenSIon exceeding SIX Inches and not vIsible from a public or pnvate thoroughfare shall be protected In the follOWing manner (1) Fully tempered g lass or burglary-resistant g lazing, or (2) The follOWing Windows barriers may be used but shall be secured with non-removable bolts (A) Inside or outside Iron bars of at least one-half-Inch round or one by one-quarter-Inch flat steel material, spaced not more than five Inches apart and securely fastened, or (B) Inside or outside Iron or steel gnlls of at least one-elghth-Inch matenal with not more than a twO-Inch mesh and securely fastened (3) If a Side or rear window IS of the type that can be opened, It shall, where applicable, be secured on the Inside with either a slide bar, bolt, crossbar, auxIliary locking deVice, and/or padlock with hardened steel shackle, a mlnrmum four pin tumbler operation (4) The protectIve bars or grills shall not Interfere With the operation 101 of openrng windows If such windows are required to be openable by the California BUilding Code (h) All extenor transoms exceeding nrnety-slx square Inches on the side and rear of any bUilding or premises used for busIness purposes shall be protected by one of the following (1) Fully tempered glass or rated burglary-resistant glaZing, or (2) The following barriers may be used but shall be secured with non- removable bolts (A) Outside Iron bars of at least one-half-Inch round or one by one- quarter-Inch flat steel material, spaced no more than five Inches apart and securely fastened, or (B) Outside Iron or steel gnlls of at least one-elghth-Inch with not more than a two-Inch mesh and securely fastened (3) The protective bars or grills shall not Interfere with the operation of opening the transoms If such transoms are required to be openable by the California BUilding Code or Title 19, California Administrative Code (I) Roof openings shall be equipped as follows (1) All skylights on the roof of any bUilding or premises used for business purposes shall be provided with (A) Rated burglary-resistant glaZing, or (8) I ron bars of at least one-half-Inch round or one by one-fourth-Inch flat steel materral under the skylight and securely fastened, or 102 (C) A steel gnU or at least one-elghth-Inch material with a maximum two-inch mesh under the skylight and securely fastened (2) All hatchway openings on the roof of any bUilding or premIses used for busIness purposes shall be secured as follows (A) If the hatchway IS of wooden matenal, It shall be covered on the inside with at least sixteen U S gauge sheet metal. or Its equivalent, attached with screws (B) The hatchway shall be secured from the insIde with a slide bar or slide bolts (C) Outside hinges on all hatchway openings shall be provIded with non-removable pinS when uSing pm-type hinges (3) All air duct or air vent openings exceeding ninety-sIx square Inches on the roof or extenor walls of any bUIlding or premises used for business purposes shall be secured by covering the same with either of the following (A) bars of at least one-half-Inch round or one by one-fourth-Inch flat steel matenal spaced no more than five Inches apart and securely fastened, or (B) Iron or steel gnlls of at least one-elghth-mch matenal with a maximum two-Inch mesh and securely fastened (C) If the barrier IS on the outside, It shall be secured with bolts which are non-removable from the extenor (0) The above (A and B) must not Interfere with venting reqUirements 103 creating a potentially hazardous condition to health and safety or conflict wIth the provIsIons of the California BUilding Code or Title 19 of the California Admmlstratlve Code (j) Permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of ten feet This covering shall be locked against the ladder with a case hardened hasp, secured with non-removable screws or bolts Hinges on the cover Will be provided With non-removable pins when uSing pin-type hinges If a padlock IS used, It shall have a hardened steel shackle, lockmg at both heel and toe, and a minimum five pin tumbler operation With non-removable key when In an unlocked pOSition (k) A bUilding located wlthm eight feet of utll1ty poles or similar structures which can be used to gain access to the bUIlding's roof, wmdows or other openings shall have such access area barricaded or fenced With matenals to deter human climbing (I) The follOWing standards shall apply to lighting, address Identification and parkmg areas (1) The address number of every commercial bUilding shall be Illuminated dUring the hours of darkness so that It shall be eaSily VISible from the street The numerals In these numbers shall be no less than SIX Inches In height and be of a color contrasting to the background In addition, any bUSiness which affords vehicular access to the rear through any dnveway, alleyway or parking lot shall also display the same numbers on the rear of 104 the bUilding (2) All exterior commercial doors, durmg the hours of darkness, shall be Illuminated with a minimum of one footcandle of Irght All extenor bulbs shall be protected by weather- and vandalism-resistant cover(s) (3) Open parking lots, and access thereto, providing more than ten parking spaces and for use by the general public, shall be provided with a mamtamed mmlmum of one footcandle of light on the parkmg surface from dusk until the termination of busmess every operatmg day 8.48.140 Tests (a) It shall be the responsibility of the owner, or his designated agent, of a bUilding or structure failing within the provIsions of thiS Chapter to provide the Building and Safety DIvIsion with a written specification performance test report indicating that the materials utilized meet the minimum requirements These standards shall be on file with the enforcmg authority and available to the public (b) Whenever there IS inSUffiCient eVidence of compliance with the provIsions of thiS Chapter or eVidence that any material or any construction does not conform to the requirements of thiS Chapter, or In order to substantiate claims for alternate matenals or methods of construction, the enforcmg authonty may reqUire tests as proof of compliance to be made at the expense of the owner or hiS agent by any agency which IS approved by the enforCing authority 105 Specifications of testing shalf be on file with the Building and Safety DIVIsion and available to the public (c) SpecImens shall be representative. and the construction shalf be verified by assembly drawings and bill of materials Two complete sets of manufacturer or fabricator Installation instructions and full-size or accurate scale templates for all Items and hardware shall be Included Section 13 Chapter 852 IS hereby added to the to the Santa Monica MUniCipal Code to read as follows Chapter 8.52 Swimming Pools, Spas and Hot Tubs Code. 8.52.010 Adoption. Chapters 2 through 6 of that certain document entitled "Uniform SWImming Pool, Spa and Hot Tub Code, 1997 Edition," as pubhshed by the International ASSOCiation of Plumbing and Mechanical OffiCial, are hereby adopted as the SWimming Pool, Spa and Hot Tub Code of the City of Santa MOnica 8.52.020 Pool Fencmg Regulations (a) Standards for New Enclosures. Every person, firm or corporation owning land on which there IS situated a sWimming pool, pond, or other body of water which contains water 18 Inches or more In depth at any pOint shalf completely surround such body of water or property with a fence, wall or other structure not less than 5 feet above the adjacent gradet 106 at all places and with no opening therein more than 4 Inches In maximum dimensions Any gate m such fence shall have a latch at least 5 feet above the underlYing ground and such gate shall be self-closing and secured when adults are not present (b) Existing Enclosures. Every person, firm or corporation owning land on which there IS situated a sWimming pool, pond, or other body of water which contains water 18 Inches or more In depth at any pOint shall completely surround such body of water or property With a fence, wall or other structure not less than 4-1/2 feet above the adjacent grade at all places and With no opemng therein more than 4 Inches In maximum dimensions Any gate In such fence shall have a latch at least 4-1/2 feet above the underlYing ground and such gate shall be self-closing and secured when adults are not present For the purposes of this Section, eXisting enclosures are those enclosures that were constructed under valid permit Issued pnor to July 1, 1999 (c) Requirements for Nonconforming Enclosures. When an eXlstmg pool enclosure IS replaced or repaired In excess of 50 percent of ItS length, the enclosure shall be made to conform to all ofthe reqUIrements for a new enclosure under prevailing law 8.52.030 Applicability of Other Codes and Laws. The provIsions of thiS Chapter are m addition to the applicable 107 requirements In the Technical Codes and the pool enclosure reqUIrements for public or pnvate pools as required In Chapter 31 B of the California BUilding Code, 1998 Edition When conflicting provIsions or requirements occur between the provIsions of this Chapter, the Technical Codes, Administrative Code and other codes or laws, the most restnctlve provIsions or requirements shall govern Section 14 Chapter 8 56 IS hereby added to the Santa MOnica MUnicipal Code to read as follows Chapter 8.56 Northridge Earthquake Repair. 8.56.010 Repair, Reconstruction and Reinforcement of Unreinforced Masonry Buildings Requirements. (a) Scope. The owner of any unrelnforced masonry structure damaged In the Northndge Earthquake shall, within the time limits set forth In this Chapter, cause the bUilding to be altered to conform to the earthquake standards specified In thiS Chapter Nothing In thiS Chapter shall allow for an extension or exemption from Chapter 8 60 of the MUnicipal Code BUildings desIgnated as hlstoncally or architecturally significant landmarks on national, state or local historical registers shall also comply With thiS Chapter At the BUilding Officer's dIscretion, modifications to the 108 standards set forth In this Chapter may be made on a case by case basIs, so long as such modifIcations are consistent with the provIsions of the State Historical BUilding Code (b) Definitions. As used In thiS Section, the follOWing terms shall be defined as follows Zone 1 IS one of the follOWing (1) The area wlthm 9 feet of a public right-of-way for one-story bUlldmgs, or (2) The area wlthm 20 feet of a public nght of way for multi-story bUildings Zone 2 IS all areas not m Zone 1 8.56.020 Standards for Repair, Reconstruction and Reinforcement of Unreinforced Masonry Buildings. (a) General In additIon to the requirements of Chapter 8 60, the followmg requirements shall apply to the repair, reconstruction and reinforcement of unremforced masonry bUildings (1) Within 60 days ofthe date notice to the property owner [S provided by the City, the property owner of any unremforced masonry bUilding damaged by the January 17, 1994 Northndge earthquake or ItS aftershocks, shall submit to the BUilding and Safety DIvIsion a report prepared by a 109 licensed engmeer, Identifying the extent of damage to the structure and the necessary repairs Necessary repairs shall be made Within 18 months from the d ate the notice IS provided by the City (2) Except as provided In Subsection (c), when any portion of an unremforced masonry bUilding such as a parapet, wall or other element has failed or collapsed. repairs shall be made With wood frame or steel construction, or other material structurally compatible With the unrelnforced masonry Reinforced masonry and concrete shall not be conSidered structurally compatible With the underlYing unremforced masonry Repairs shall be made by December 21, 1995 (b) Parapets (1) Any unrelnforced masonry parapet or portion thereof damaged by the January 17, 1994 Northndge earthquake or Its aftershocks, With 10 percent or more of damage on any Side, or where the cost of repair exceeds fifty thousand dollars, shall be braced by December 21, 1995 In accordance With the Uniform Code for BUilding Conservation, AppendiX 1, m effect at the time a bUlldmg permit IS Issued (2) Any unremforced masonry parapet, or portion thereof located Within Zone 1, shall be braced to the roof In accordance With the Uniform Code for BUlldmg Conservation, AppendiX 1, m effect at the time the bUilding permit IS Issued. by December 21,1995, or as part of any earthquake repair bUilding permit. whIchever occurs first For parapets located m Zone 2, all 110 parapets shall be braced according to the timetable for making structural alterations contained In Chapter 860 of the MunicIpal Code (c) Walls. (1) Any unremforced masonry wall damaged by the January 17,1994 Northndge earthquake or Its aftershocks with less than ten percent of cracking on any elevation where the wall remains connected to the floor and ceiling and the wall remains In plane, may be repaired With grout or epoxy and shall be repaired an by December 21, 1995 (2) If any unrelnforced masonry wall damaged by the January 17, 1994 Northndge earthquake or Its aftershocks has any elevation out of plane, but by less than two percent, a review and analYSIS by a licensed engineer IS required to determine the extent of damage and the necessary work to repair the damage Such analYSIS shall be submitted to the City by December 21, 1994 Repairs shall be completed by December 21, 1995 (3) If any unrelnforced masonry wall damaged by the January 17, 1994 Northndge earthquake or Its aftershocks has any elevation out of plane by more than two percent, the entire wall shall be removed to the next available hOrizontal or vertical structural boundary (d) Vacant Unreinforced Masonry Structures located in Zone 1. Any portion of a vacant unremforced masonry structure located In Zone 1 which was damaged by the January 17, 1994 Northndge earthquake or Its aftershocks, where the cost of repair exceeds ten thousand dollars, shall be III structurally supported by December 21, 1995 8.56.030 Repair, Reconstruction, and Reinforcement of Soft Story Buildings. (a) Scope. The owner of any soft story bUilding damaged In the Northndge Earthquake shall, Within the time limits set forth In thiS Chapter, cause the bUilding to be evaluated, repaired or retrofitted to conform to the crltena specified In thiS Section Nothing In thiS Chapter shall allow for an extension or exemption from Chapter 8 72 of the MunicIpal Code 8.56.040 Standards for Repair, Reconstruction and Reinforcement of Soft Story Construction. Within 120 days of the date of notice to the owner by the CIty, but no later than March 31, 1995, the owner of any soft story structure damaged by the January 17, 1994 Earthquake or Its aftershocks, where the cost of repair IS less than 50% of the replacement value of the structure, shall submit an engineering report prepared by a licensed engineer ("engineering report") to the BUilding and Safety DIvIsion, except that any owner who did not receive notice shall be granted at least an additional thirty (30) day extension by City staff from the date the owner IS notified of noncompliance The report shall be based on a non-rotatIonal lateral analYSIS and shall demonstrate whether the bUilding complies With the Earthquake Design proVISions contained In the Umform BUilding Code In effect at the time the structural engIneering 112 report IS submitted to the City If the report concludes the structure does not comply with the provIsions, the structure shall be strengthened wlthm the time limits and standards of Chapter 8 72 of the MUniCipal Code Section 15 Chapter 8 60 IS hereby added to the Santa MOnica Municipal Code to read as follows Chapter 8.60 Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings. 8.60.010 Scope. The provIsions of thiS Chapter shall apply to all eXisting unrelnforced masonry bearing wall bUildings bUilt under valid permit, including detached one-or two family dwellings and detached apartment houses containing less than five dwelling Units The provIsions of the Chapter also apply to essential and hazardous faCIlities Such bUlldmgs or structures shall be strengthened to meet the reqUirements of the BUilding Code of the City of Santa Monica for new bUildings of the same occupancy category BUildings deSignated as hlstoncally or architecturally significant landmarks on national, state or local historical registers shall comply With the provIsions of this Chapter At the BUilding Officer's discretion, modifications to the retrofitting standards set forth In thiS Chapter may be made so long 113 as such modifications are consistent with the provIsions of the State Historic BUilding Code 8.60.020 Definitions. For the purposes of this Chapter, the definitions In the BUilding Code and the following shall apply Building Code IS the BUilding Code of the City of Santa Monica Initial Determination IS the date of service for the order of the BUilding Officer pursuant to this Chapter to the owner of any bUilding mformlng him or her that her or she are subject to the strengthening provIsions ofthls Chapter or Chapter 8 56 Subsequent change In ownership shall not change the date of initial determination Type I Building IS any unrelnforced masonry bearing wall bUilding that must be usable In the event of an emergency, and shall Include hospitals, police and fire stations and disaster recovery centers Type II BUilding IS any unrelnforced masonry bearing wall bUilding With 100 or more occupants and Without masonry shear walls or wood frame cross-walls spaced less than 40 feet apart In each story Type III Building IS any unrelnforced masonry bearing wall bUilding With one of the follOWing conditIOns (a) 100 or more occupants and With masonry or wood frame cross- walls spaced less than 40 feet apart In each story (b) at least 20 but fewer than 100 occupants 114 Type IV Building IS any unrelnforced masonry beanng wall bUilding with fewer than 20 occupants Unreinforced Masonry Bearing Wall Building IS any bUilding that has at least one masonry wallin which the relnforcmg steel IS less than 25 percent of the minimum steel ratios required by the California BUilding Code for remforced masonry and such wall provides the vertical support for the reaction of floor or roof-framing members 8.60.030 General Requirements. (a) The owner of each bUilding within the scope of this Chapter shall, Within the time limits set forth m this Chapter, cause the bUilding to be structurally altered to conform to the earthquake standards specified In this Chapter (b) The owner of each bUlldmg Within the scope ofthls Chapter, which has been analyzed to demonstrate compliance or has been structurally altered to comply With the minimum earthquake standards m this Chapter, shall maintain such bUilding In conformity With the requirements of this Chapter In effect at the time of such analYSIS or structural alteration (c) BUildings Within the scope of this Chapter may not be added to or structurally altered or otherwise remodeled WIthout first complymg With the proVIsions of this Chapter unless the BUilding Officer determines that the alterations are minor In nature (d) Notwithstanding any other proVIsions of this Code to the contrary, 115 It shall be unlawful for any person, fIrm or corporation to maintain, use or occupy any bUlldmg withIn the scope ofthls Chapter which does not meetthe mlnlmum earthquake standards specified In this Chapter This provIsion shall not apply If alteration or repair work has commenced to brmg the bUilding Into compliance with requirements of this Chapter, and such work IS proceeding In accordance with the time limits set forth In any order of the BUilding Officer or determination of the NUisance Abatement Board 8.60.040 Demolition. An owner deslnng to demolish a bUIlding must nevertheless comply with the strengthening provIsions of this Code wlthm the time allowed unless such owner receives permission to demolish the bUilding prior to the time limits set forth In thiS Chapter for the filing of a permit and the submlttmg of plans to the BUilding Officer Such an owner shall submIt a demolition permit application to the BUild Ing Officer and shall meet all of the requirements for demolition Imposed by thiS Code, Including but not limited to, those reqUIrements set forth In Section 9 04 10 16 010 of thiS Code, before such a demolition shall be permitted Nothing In thiS Chapter shall be deemed to relieve a bUilding owner of meeting the requirements for demolition of a bUilding Imposed by any other applicable law or regulation 116 8.60.050 Seismic Provisions. (a) Essential and Hazardous Facilities. Essential and hazardous facIlities shall be strengthened to meetthe reqUirements ofthe BUilding Code of the City of Santa Monica for new bUildings of the same occupancy category (b) All Other Buildings All bUildings, other than essential or hazardous faCIlities, shall be strengthened to meet the requirements of that certain document entitled "AppendiX Chapter I of the Uniform Code of BUilding Conservation, 1997 Edition" published by the International Conference of Building OffiCials, adopted herein by reference. and the additional proVISions of thiS Chapter 8.60.060 Timetable for Compliance. The time limits set forth below shall begin to run from September 29, 1992 or from initial determination, whichever IS later The owner of any occupied or vacant bUilding wlthm the scope of thiS Chapter shall comply With the reqUirements of thiS Chapter by filing for a permit, submitting plans to the BUilding Officer, commencing construction and completing constructIon Within the time limits speCified below Such plans shall be prepared by a State of California licensed architect or registered CIVil or structural engineer After plans are filed and approved by the BUilding Officer, the owner shall obtain a bUilding permit and then commence and complete the required construction Within the tIme limits 117 set forth below That portion of the plan check and bUilding permit fees that are allocable to structural alteration of the bUilding that IS necessary for compliance with the provIsions of this Chapter shall be waived by the BUilding Officer An owner electing to Install wall anchors pursuant to the provIsions of thiS Chapter IS also required to structurally alter the bUilding to make It fully comply with all other provIsions of thiS Chapter within the tIme limits set forth In Table 8 60-A below Table 8.60-A Required Action by BUlldmg Type File for Permit and Submit Commence Complete Owner Plans to Buildmg Officer Construction Construction Withm Within Within A Install wall anchors Type I, II. III. IV 180 days 270 days 1 year B If wall anchors Type I 635 days. (1 year 9 months) 2 years 4 years Installed, then make Type II 635 days, (1 year 9 months) 2 years 4 years structural alterations Type III 2825 days (7 years 9 months) 8 years 10 years Type IV 2825 days (7 years 9 months) 8 years 10 years C If wall anchors are Type I 270 days 1 year 2 years not Installed. then make Type 11 270 days 1 year 2 years structural alterations Type III 1000 days (2 years 9 months) 3 years 4 years Type IV 1365 days (3 years 9 months) 4 years 5 years 8.60.070 Administration. (a) Building Classification The BUilding Officer shall determine the occupant load and claSSification of bUilding type The occupant load shall be determined In accordance With the BUilding Code and shall Include the entire 118 bUilding plus the occupant load of any adjacent bUilding that Interconnects wIth the subject bUilding or uses the subject bUilding for eXiting purposes (b) Contents of Order When the BUilding Officer determines that a bUilding IS wlthm the scope of thiS Chapter, the BUilding Officer shall Issue an order as provided herein The order shall specify that the bUilding has been determined by the BUilding Officer to be within the scope of thiS Chapter and, therefore. IS required to meet the seIsmiC strengthening provIsions of thiS Chapter The order shall specify the BUilding Type classification and shall set forth the owner's alternatives and time limits for compliance (c) Service of Order. The order shall be m writing and may be given either by personal delivery thereof to the owner or by deposit m the United States mall In a sealed envelope, postage prepaid, addressed to the owner as shown on the last equalized assessment roll Service by mall shall be deemed to have been completed at the time of deposit m the U S mall The failure of any owner to receive such notice shall not affect In any manner the validity of any of the proceedings taken thereunder Proof of giving notice may be made by an affidaVit of any employee of the City which shows service In conformity With thiS Section BUilding and Safety CommiSSion action, NUisance Abatement Board action, BUilding Officer administrative action, other correspondence between the City and the building owner or bUilding owner's representative, or other eVidence of knowledge of 119 notIfication shall also be deemed as proof of giVing notice (d) Recordation. At the time that the BUllchng OffIcer serves the aforementioned order, the BUilding Officer shall file with the Office of the County Recorder a certificate stating that the subject bUilding IS within the scope ofthls Chapter The certificate shall also state that the bUilding owner thereof has been ordered to structurally analyze the bUilding and to structurally alter It If the BUilding Officer determines the bUilding IS not m compliance with thIS Chapter If the bUilding IS either demolished, found not to be within the scope of thiS Chapter, or IS structurally capable of resisting minimum seismiC forces required by thiS Chapter as a result of structural alterations or an analysIs, the BUilding Officer shall file with the Office of the County Recorder, a certificate terminating the status of the subject bUilding as being classified wlthm the scope of thiS Chapter 8.60.080 Appeals. (a) Initial Determination. The owner of any bUlldmg may appeal the BUilding Officer's initIal determmatlon that the bUilding IS wIthin the scope of thiS Chapter to the BUilding and Safety Commission Such appeal shall be filed with the Commission by December 28, 1992 or within ninety (90) days of date of Initial determination, whichever IS later Any such appeal shall be deCided by the BUilding and Safety Commission no later than ninety (90) days after 120 filing and the grounds thereof shall be stated clearly and concisely (b) Abatement Proceedings. Appeals or requests for modifications from any other determinations, orders, or actions by the BUilding OffiCial pursuant to thiS Chapter for the purposes of abatement under the Dangerous BUlldmg Code or Abatement of NUisances shall be made m accordance with the procedures established In Chapters 8 88 and 8 96 of thiS Code 8.60.090 Enforcement. If the owner m charge or control ofthe subject bUlldmg falls to comply with thiS Code wlthm any of the time limits set forth herem, the BUilding Officer may order that the entire bUilding be vacated and that the bUilding remam vacated until thiS Code has been compiled with If compliance has not been InitIated within ninety (90) days after the date the bUilding has been ordered vacated or such additional time as may have been granted by the NUIsance Abatement Board, the BUilding Officer may (a) commence the bUilding's demolition In accordance with the provISions of Section 102 ofthe California BUilding Code, 1998 Edition, and In accordance with the Uniform Code for the Abatement of Dangerous BUIldings, as adopted by the City, or (b) undertake and complete such structural alteration of the bUIlding as may be necessary m the sole Judgment of the BUildIng Officer to cause 121 the bUilding to conform to the earthquake standards specified In this Chapter, and to cause a lien for the costs of such structural alteration to be placed against the property No demolition may occur pursuant to this Section without compliance wIth all City laws and regulations governing demolitions 8.60.100 Temporary Stay of Enforcement Based on Severe Financial Hardship. The owner of any bUilding may appeal for a temporary stay of enforcement on the basts of severe financial hardship from compliance with thiS Chapter Such appeal shall be filed with the City's Director of Fmance no later than February 26, 1993 Any such appeal shaH be deCided by the Director of Finance no later than nmety (90) days after filing and the grounds thereof shall be stated clearly and concisely The burden shall be on the owner to demonstrate conclUSively that compliance with thiS Section shall result In severe financial hardship Documentary eVidence shall be submitted by the owner at the time the appeal IS filed and shall clearly demonstrate that compliance With thiS Section shall result m severe financial hardship Such documentary eVidence may mclude, but shall not be limited to, the owner's tax returns, general ledgers, rental and lease agreements. personal and corporate Income and expense records, and any such other financial documents or information as the owner deSires to submit for conSideration or as the City'S 122 Director of Finance deems necessary or desirable In evaluating the owner's claim of hardship The failure of the owner to provide any financial document or Information requested by the Director of Finance shall result m denial of the request for a temporary stay of enforcement Any person denied a temporary stay of enforcement by the Director of Fmance may appeal the denial to a three person FinanCial Hardship Appeal Board established by the City Manager Any such appeal shall be made In wrltmg wlthm ten (10) days of the denial and shall be based on the eVidence supplied to Director of Finance The Appeal Board may approve or deny any appeal and may relieve an owner from full or partial compliance With the requirements of thiS Chapter, as the Appeal Board m Its sole discretion deems finanCially feasible The deCISion of the FinanCial Hardship Appeal Board shall be final except for JudiCial review and shall not be appeal- able to the City Council The Appeal Board IS authOrized to establish procedures for the processmg and conSideration of appeals In any case where a bUlldmg IS exempted from compliance With thiS Chapter on the basIs offlnanclal hardship, such exemption shall be null and VOid and of no further force or effect at the time the bUilding IS sold or expenences a major change of occupancy as defmed by the BUilding Officer 8.60.110 Canopies. Prior to commencement of construction of any of the structural alterations reqUired by thiS Chapter, a pedestrian protection canopy shall be 123 constructed below any unremforced masonry wall adjacent to any public ng ht of way Said canopy shall conform to the standards developed by the DIrector of EnvIronmental and Public Works 8.60.120 Shear Test Criteria for Mortar Quality. (a) Test Equipment. An Internal caliper, graduated In 0001 of an Inch (0025 mm) Increments shall be used to measure movement of the masonry unit A hydraulic Jack equipped with a pressure gauge graduated In Increments of 50 pSI (345 kPa) or less shall be used The Jack load shall be applIed at a rate not exceeding 5,000 pounds (22240 N) per minute. (b) Minimum Number of Technicians and Test Readings. The test shall be conducted by a minimum of two technICians Load and displacement readings shall be recorded at the follOWing Intervals (1) At a caliper reading of 0001 Inch (0025 mm). (2) At the first visually-observed sign of movement or cracking of the mortar or masonry unit, (3) At a caliper reading of 0 02 Inch (051 mm), and (4) The ultImate load on the umt (c) Representative Test Locations. The masonry Unit to be tested shall not be located adjacent to a bond course In a bnck wall laid In common bond Tests to evaluate the mortar quality of structural walls shall not be conducted In masonry veneer. 124 Walls with mortar values which are consistently low and do not meet the minimum quality values specified In this Section shall be entIrely pOinted per Uniform BuildIng Code Standard 21-8 except that the depth of JOint penetration shall be 1-1/2 Inch (38 mm) In lieu of the 3/4 Inch (19 mm) specified (d) Core Tests. A minimum number of mortar test specimens equal to the number of required cores shall be prepared from the cores and tested as specified herein The mortar joint of the outer wythe of the masonry core shall be tested In shear by plaCing the circular core Section m a compression testmg machme with the mortar bed Jomt rotated 15 degrees from the aXIs of the applied load The mortar Jomt tested In shear shall have an average ultimate stress of 20 pSI (138 kPa) based on the gross area The average shall be obtained from the total number of cores made If test specImens cannot be made from cores taken, the shearvalue shall be reported as zero SectIon 16 Chapter 8 64 IS hereby added to the Santa MOnica MUniCipal Code to read as follows Chapter 8.64 Seismic Strengthening Provisions for Existing Concrete and Reinforced Masonry Wall Buildings with Flexible Diaphragms 8.64.010 Purpose. The purpose of thiS Chapter IS to promote public safety and welfare 125 by reducmg the risk of death or Injury that may result from the effects of earthquakes on concrete and reinforced masonry wall bUildings with flexible diaphragms designed under the bUilding Codes In effect prior to the 1992 California BUilding Code Past earthquakes have shown that such bUildings are potentially hazardous and prone to slgnrflcant damage, mcludlng pOSSible collapse, In a moderate to major earthquake ThIS Chapter provides priOrities, time periods, and standards under which these bUlldmgs are required to be structurally analyzed and strengthened for seismIC resIstance Where the analYSIS determines that structural defiCienCies eXist, thIS Chapter requires the bUilding to be strengthened 8.64.020 Scope. The proVISions of thiS Chapter apply to all eXistIng concrete or rell1forced masonry bUildings With fleXible dIaphragms, including tilt-up concrete wall bUIldings, designed under the bUIlding Codes In effect pnor to the 1992 California BUilding Code BUildings designated as histOrically or architecturally slgnrficant landmarks on national, state or local histOrical registers shall also comply With the proVISions of thiS Chapter At the BUilding Officer's discretion, modifIcations to the standards set forth m thiS Chapter may be permitted when such modifications are consistent With the proVISions of the State HistOrical BUlldmg Code 126 This Chapter requires the wall anchorage system, as defined herein, to be analyzed, designed and strengthened In conformance with the earthquake design standards of the BUildIng Code of the City of Santa Monica In effect at the time of permit Issuance for the strengthening work SeismIc strengthening In place pnor to December 12,1995 shall be evaluated according to the provIsions of this Chapter and modifIed to comply If deficient 8.64.030 Definitions. For purposes of this Chapter, the applicable defInitIOns In the BUIlding Code of the City of Santa MOnica and the follOWing shall apply Anchorage System IS the system of all structural elements and connections which support the concrete or masonry wall In the lateral direction, Including diaphragms and subdlaphragms, wall anchorage and continuity or cross tie connectors m subdlaphragms and main diaphragms for retrofit and repairs Building Code IS the BUilding Code of the City of Santa MOnica Commenced Construction IS construction pursuant to a valid building permit that has progressed to the pomt that one of the called mspectlons as required by the BUilding and Safety DIVISion has been made and the work for which the inspection has been called has been Judged by the BUilding and Safety DIVISion to be substantial and has been approved by the BUilding and Safety DIVISion 127 Concrete Wall Building IS, for the purposes of this Chapter, any bUilding that has a least one concrete wall whIch mayor may not have suffiCient reinforcing steel as reqUIred by the BUilding Code Date of Engineering Report Submittal IS either that date upon which the report was due to be submitted to the City. or the date of actual submittal to the City, whichever IS earlier Existing Building IS any bUilding, which as of December 12,1995, has been Issued a certificate of occupancy or has been legally occupied Expansion Anchor IS a mechanical fastener placed In hardened concrete or assembled masonry, desIgned to expand In a self-dnlled or pre- drilled hole of a specified size and engage the Sides of the hole In one or more locations to develop shear and/or tension resistance to applied loads without grout, adheSive or drypack Flexible Diaphragm IS, for the purposes of thiS Chapter, any diaphragm constructed of wood structural panel, diagonal or straight wood sheathing or decking, metal decking without a structural concrete tOpping, or hOrizontal rod bracIng Reinforced Masonry Wall Building IS, for the purposes of thiS Chapter, a bUilding that has at least one masonry wall which has 25% or more of the relnforcmg steel ratios required by the BUilding Code for reinforced masonry and IS not classified as an unrelnforced masonry wall bUilding pursuant to Chapter 860 of the MUnicipal Code 128 Retrofit IS an Improvement of the lateral force resisting system of the structure by an alteration of eXisting or addition of new structural elements Tilt-up Concrete Wall IS a form of precast concrete panel constructIon either cast m the honzontal position at the site and after cunng, lifted and moved Into place In a vertical position, or cast off-Site In a fabricator's shop Type I Building IS any concrete wall or reinforced masonry wall bUilding that must be usable In the event of an emergency, and shall Include hospitals, police and fire stations and disaster recovery centers Type II Building IS any concrete wall or reinforced masonry wall bUilding With 100 or more occupants Type III BUilding IS any concrete wall or reinforced masonry wall bUilding With at least 20 but fewer than 100 occupants Type IV Building IS any concrete wall or reinforced masonry wall bUilding With fewer than 20 occupants 8.64.040 General Requirements. (a) The owner of each bUilding Within the scope of this Chapter shall cause an InvestIgation of the eXlstmg construction and 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 standards specified In thiS Chapter, the owner shall cause It to be structurally altered to conform to such standards 129 (b) The ownerof each bUilding within the scope of this Chapter, which has been analyzed to demonstrate compliance or structurally altered to comply with the minimum earthquake standards In this Chapter, shall maintain such bUilding In conformity with the requirements ofthls Chapter In effect at the time of such analysIs or structural alteration (c) BUildings wlthm the scope of this Chapter may not be added to or structurally altered or otherwise remodeled without first complYing with the provIsions of thiS Chapter unless the BUilding Officer determines that the alterations are minor In nature (d) Notwithstanding any other provIsions ofthls 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 Chapterwhlch does not meetthe minimum earthquake standards speCified In thiS Chapter ThiS provIsion shall not apply If alteration or repair work has commenced to bnng the bUilding Into compliance With requirements of this Chapter, and such work IS proceeding In accordance With the time limits set forth In any order of the BUilding Officer or determination of the NUisance Abatement Board 8.64.050 Demolition. An owner desiring to demolish a bUilding must nevertheless comply With the strengthening proVIsions of thiS Code Within the time allowed unless such owner receives permission to demolish the bUilding pnor to the time 130 limits set forth In Section 864060 of the MUnicipal Code for the filing of a permit and the submitting of plans to the BUlldmg Officer Such an owner shall submit a demolition permit application to the Bu lid Ing Officer and shall meet all ofthe requirements for demolltlon Imposed by thiS Code mcludlng, but not limited to those requirements set forth In Section 9 04 10 16 010 of thiS Code, before such a demolition shall be permitted Nothing m thiS Chapter shall be deemed to relieve a bUilding owner of meeting the requirements for demolition of a bUilding Imposed by any other applicable law or regulatIon 8.64.060. Time Period for Compliance. Engineering Report Within 275 days of the date of notice to the owner by the City, the owner of any Tilt-Up bUilding constructed to pre-1992 California BUilding Code standards shall submit an engineering report to the BUilding and Safety DIVISion The report shall demonstrate whether the structure conforms to the Earthquake DeSign Standards contained In the BUilding Code of Santa Monica In effect at the time the report IS submitted to the City If the report concludes the structure does not comply With the standards, the structure shall be strengthened to comply With the standards Within the time periods shown In Table 8 64-A below 131 Table 8.64-A BUlldmg Time Limits for Owner Type File for Permit! Commence Complete Construction Submit Plans Construction I 60 days from date of 150 days from date of 1 year from date of engineering report submittal engineering report submittal engineering report submittal II 180 days from date of 270 days from date of 3 years from date of engineering report submittal engineering report submittal engineering report submittal III 1 % years from date of 1 year 8 months from date of 3 years from date of engineering report submittal engineering report submittal engineering report submittal IV 2 years 5 months from date of 2 years 8 months from date of 4 years from date of engineering report submittal engineering report submittal engineering report submittal 8.64.070 Administration. (a) Building Classification. The BUIlding Officer shall determme the occupant load and claSSification of bUilding type The occupant load shall be determined In accordance With the BUlldmg Code and shall Include the entire bUilding plus the occupant load of any adjacent bUilding that mterconnects With the subject bUilding or uses the subject bUilding for eXltmg purposes (b) Contents of Order. When the BUilding Officer determines that a bUilding IS wlthm the scope of thiS Chapter, the BUilding Officer shall Issue an order as proVided herem The order shall specify that the bUilding has been determined by the BUlldmg Officer to be WIthin the scope of thiS Chapter and, therefore, IS required to meet the seismiC strengthening provIsions of thiS Chapter The order shall specify the BUilding Type claSSification shall set forth the owner's l~'"l J.;. alternatives and time lImits for compliance (c) Service of Order. The order shall be m writing and may be given either by personal delivery thereof to the owner or by depOSit In the Umted States mall In a sealed envelope, postage prepaid, addressed to the owner as shown on the last equalized assessment roll Service by mall shall be deemed to have been completed at the time of depOSit In the U S mall The failure of any owner to receive such notice shall not affect In any manner the validity of any of the proceedings taken thereunder Proof of giVing notice may be made by an affidaVit of any employee of the City which shows service In conformity With this Section BUilding and Safety CommIssion action, NUisance Abatement Board action, BUilding Officer admmlstratlve actIon, other correspondence between the City and the bUildIng owner or bUilding owner's representative, or other eVidence of knowledge of notification shall also be deemed as proof of giving notice (d) Recordation. At the time the BUilding Officer serves the aforementioned order, the BUlldmg Officer shall fIle With the Office of the County Recorder a certificate stating that the subject bUlldmg IS Within the scope of thiS Chapter The certificate shall also state that the owner thereof has been ordered to structurally analyze the bUilding and to structurally alter It when the BUilding Officer determines the bUilding IS not In compliance With thiS Chapter If the bUilding IS either demolished. found not to be Within the scope 1~~ ::u of this Chapter, or IS structurally capable of resisting minimum seismiC forces reqUired by this Chapter as a result of structural alterations or an analYSIS, the BUlldmg Officer 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 Chapter 8.64.080 AnalYSIS And Design. (a) General. BUildings shall have an anchorage system conformmg to the BUilding Code, except as modified herein (b) Wall Panel Anchorage Concrete and masonry walls shall be anchored to all floors and roofs which proVide lateral support for the wall. The anchorage shall proVide a pOSitive direct connection between the wall and floor or roof construction that IS capable of resisting a honzontal force as required In the BUilding Code The required anchorage shall be based on the tnbutary wall panel assuming Simple supports at floors and roofs unless otherwIse approved by the BUilding Officer (c) Special Requirements for Wall Anchors and Continuity Ties. (1) New or eXisting wall anchors shall be proVided to resist out-of- plane forces, mdependent of eXisting shear anchors Anchorage must be provided m addition to the diaphragm sheathing (2) EXisting cast-In-place shear anchors may be used as wall anchors If the tie element can be readily attached to the anchors and If the engineer or architect can establish tension values for the eXisting anchors through the 134 use of approved as-bUilt plans or testing, and through analysIs showing that the bolts are capable of resisting the total shear load (lncludmg dead load) while being acted upon by the maximum tension force due to earthquakes The BUilding Officer shall approve all criteria for analysIs and testIng of eXisting anchors (3) Anchors used m combination shall be of compatible behavior and stiffness (4) Expansion anchors are not allowed when loaded In tension Use of eXisting connectors that were bent or stretched from their mtended use shall be prohIbited (d) Development of Anchor Loads into the Diaphragm. (1) Development of anchor loads Into roof and floor diaphragms shall comply with the BUilding Code (2) If continuously tied girders are present, then the maximum spacing of the continuity ties may be the greater of the girder spacing or 24 feet (3) Lengths of development of anchor loads In wood diaphragms shall be based on eXisting field nailing of the sheathing unless eXisting edge nailing IS positively Identified on the original construction plans or at the site (4) At reentrant corners, where continUity collectors do not eXist, they shall be prOVIded New collectors shall be designed to the capacity required to develop mto the diaphragm a force equal to the lesser of the rocking or 135 shear capacIty of the return wall, or the tributary shear The capacity of the collector need not exceed the capacity of the diaphragm Shear anchors for the return wall shall be commensurate with the collector force If a truss or beam. other than rafters or purllns, IS supported by the reentrant wall or by a col umn Integral with the reentrant wall, an mdependent secondary column, IS reqUired to support the roof or floor members whenever rocking or shear capacity of the reentrant walliS less than the tnbutary shear (e) Anchorage at Pilasters. Anchorage of pilasters shall be deSigned for the tributary wall anchoring load per the BUlldmg Code The pilasters or the walls ImmedIately adjacent to the pilasters shall be anchored directly to the roof frammg such that the eXlstmg vertical anchor bolts at the top of the pilasters are bypassed without permitting tension or shear failure at the top of the pilasters unless sufficient extenor confinement IS proVided (f) Mezzanines. EXlstmg mezzanines relYing on the tilt-up or remforced masonry walls for vertical or lateral support shall be anchored to the walls for the tnbutary mezzanine load Walls dependmg on the mezzanme for lateral support shall be anchored per the BUilding Code (g) Interior Partitions. EXlstmg interior masonry or concrete walls not deSigned as shear walls that extend to the floor above or to the roof diaphragm shall also be 136 anchored for out-of-plane forces per the BUilding Code Wall extending through the roof diaphragm shall be anchored for out-of-plane forces on both sides to provide diaphragm contmulty In the In-plane directIon. the walls may be Isolated or shall be developed Into the diaphragm for a lateral force equal to the lesser of the rocking or shear capacIty of the wall, or the tributary shear but need not exceed the diaphragm capacity 8.64.090 Plan Requirements. (a) General. In additIOn to the seIsmiC analYSIS reqUired elsewhere In this Chapter, the licensed engineer or architect responsible forthe seismic analYSIS of the bUlldmg shall record the information reqUired by this Section on the plans (b) Information Required. The plans shall accurately reflect the results of the engineering Investigation and deSign and show all pertinent dimenSions and sizes for plan review and construction The follOWing shall be provided (1) Floor plans and roof plans shall show eXIsting framIng construction, diaphragm construction, proposed wall anchors, crosstles and collectors EXisting nailing, anchors, ties and collectors shall also be shown on the plans If these are part of the deSign and when these structural elements need to be verified during construction and Inspection (2) At elevations where there are alterations or damage, details shall 1'"'7 ~. show roof and floor heights, dImensions of openrngs, location and extent of eXlstmg damage, and proposed repair (3) TYPical wall panel Sections with panel thickness, height, location of anchors shall be provided (4) Details shall mclude eXisting and new anchors and the method of development of anchor forces Into the diaphragm framing, eXlstmg and/or new crosstles, eXisting and/or new or Improved support of roof and floor gIrders at pilasters or walls (5) The basIs for design and desIgn code shall be stated on the plans Section 17 Chapters 8 68 IS hereby added to the Santa Monrca MUnicipal Code to read as follows Voluntary Seismic Strengthening provisions for Cripple Walls and Sill Plate Anchorage in Single Family Dwellings. 8.68.010 Purpose. The provISions of this Chapter are Intended to promote publiC safety and welfare by redUCing the risk of earthquake-Induced damage to eXisting wood-framed single family dwellings The requirements contained In this Chapter shall substantially Improve the seismiC performance of these bUildings but WIll not necessanly prevent all earthquake-related damage When fully followed, these standards Will strengthen the portion of the Chapter 8.68 138 structure that IS most vulnerable to earthquake damage Pnorto 1960, many wood frame dwellings were bUlltwlth raised wood floors supported by short wood stud walls known as cripple walls These cnpple walls are typically braced With weaker seismiC materials such as portland cement plaster or hOrizontal wood SIdIng In addition, earlier bUIlding codes dId not requIre wood frame bUildings to be bolted to their foundatIons Recent earthquakes of moderate magnitude have shown that If a bUilding has weak cnpple walls or IS unbolted, It may fall off Its foundation Fallen bUlldmgs have collapsed, caught fire or needed extensive repairs to restore their occupancy 8.68.020 Scope. Owners of any light wood-frame sIngle famIly dwellings, which contam one or more of the follOWing structural weaknesses, are encouraged to seIsmically retrofit theIr bUlldmgs pursuant to the proVIsions of thIS Chapter (a) Sill plates or f100rframlng that are supported directly on the ground Without an approved foundation system (b) Perimeter foundation system that IS constructed only of wood posts supported on Isolated pad footings (c) Penmeter foundation system that IS not continuous at locations other than eXisting Single-story extenor walls not exceeding 10 feet (3084 mm) m length forming an extension of floor area beyond the line of an eXisting contmuous perimeter foundation or at porches. storage rooms and 139 similar spaces not containing fuel-burnmg appliances. (d) Perimeter foundation system that IS constructed of unrelnforced masonry (e) Sill plates that are not connected to the foundation or Sill plate that are connected with less than what IS required by the BUilding Code (f) Floor framing members that are supported directly on an approved foundation system wIthout a Sill plate and are not connected to the foundation or are connected with less than what IS required by the BUilding Code (g) Cripple walls that are not braced In accordance with the requirements of this Chapter and Table 8 68-A or cripple walls not braced with diagonal sheathing or wood structural panels In accordance with the BUild Ing Code (h) Cripple walls or Sill plates that are not connected to the floor diaphragm above or are connected with less than what IS required by the BUilding Code 8.68.030 Definitions. For the purpose of this Chapter, In additIon to the applicable definitions In the BUilding Code, certain additional terms are defined as follows Adhesive Anchor IS a fastener placed m hardened concrete or masonry that derives Its holding strength from a chemical adheSive 140 compound placed between the wall of the hole and the embedded portion of the anchor Anchor Side Plate IS a metal plate or plates used to connect a Sill plate to the SIde of a concrete or masonry stem wall Building Code IS the BUilding Code of the City of Santa MOnica Cripple WalliS a wood-framed stud wall extending from the top of the foundation to the underside of the lowest floor frammg Expansion Anchor IS a mechanical fastener placed In hardened concrete or assembled masonry, designed to expand In a self-dnlled or pre- drilled hole of a speCified size and engage the Sides of the hole In one or more locations to develop shear and/or tension resistance to applied loads without grout, adheSive or drypack Perimeter Foundation IS a foundation system which IS located under the exterior walls of a bUilding Snug-tight IS as tight as an Individual can torque a nut on a bolt by hand uSing a wrench with a 10-lnch (254 mm) long handle and the pOint at which the full surface of the plate washer IS contacting the wood member and slightly Indents the wood Unreinforced Masonry Includes adobe, burned clay, concrete or sand-lime bnck, hollow clay or concrete block, hollow clay tile, rubble, cut stone and unburned clay masonry walls 141 8.68.040 General Strengthening Requirements. (a) Scope. The structural weaknesses noted In Section 868020 shall be strengthened In accordance With the requirements of this Chapter Strengthening work may Include both new construction and alteration of eXisting construction Except as provIded herein, all strengthening work and matenals shall comply With the applicable provIsions of the BUilding Code Alternate methods of strengthening shall be allowed provided such systems are designed by an engineer or architect and approved by the BUilding Officer (b) Use of Prescriptive Provisions. The prescnptlve provIsions of thiS Chapter apply to light wood-frame Group R, DIVISion 3 and Group R DIVISion 1 Occupancies With no more than four dwelling units when they contain one or more of the structural weaknesses as specified In Section 8 68 020 The prescriptive proVIsions of thIS Chapter do not apply to the bUildings or elements thereof, listed below These bUildings or elements require analYSIS In accordance With all the requirements of the BUilding Code (1) BUildings With a lateral force resisting system uSing poles or columns embedded In the ground (2) Cnpple walls that exceed four feet (1234 mm) In height (3) BUildings exceeding two stones In height and any two-story 142 bUilding with cnpple wall studs exceeding 14 Inches (360 mm) m heIght (4) BUildings where the BUilding Officer determmes that conditions eXist that are beyond the scope of the prescnptlve requirements of thiS Chapter The BUlldmg Officer shall prepare prescriptive construction details for use In strengthening work These prescnptlve details and the prescriptive prOVISions herein are not Intended to be the only acceptable strengthening methods permitted Alternate details and methods may be used when approved by the BUlldmg Officer (c) Engineered Designs. When analYSIS by an engmeer or architect IS required or prOVided for a bUilding Within the scope of thiS Chapter, such analYSIS shall be In accordance With all requirements of the BUilding Code except that the scope of the strengthening work shall be limited to the part of the load path from the connection of the first floor diaphragm to the foundation-sOil Interface 8.68.050 Requirements Applicable to Engineered and Prescriptive Methods. (a) Condition of Existing Wood Materials. All eXisting wood materials which will be a part of the strengthening work shall be In a sound condition and free from defects which substantially reduce the capacity ofthe member Any wood material found to contain fungus infection shall be removed and replaced With new matenal Any wood matenal found to be 143 Infested with msects or to have been Infested shall be strengthened or replaced With new materials to provide a net dimenSion of sound wood at least equal to Its undamaged onglnal dimension (b) Floor Joists Not Parallel to Foundations. Floor JOistS framed perpendicular or at an angle to penmeter foundations shall be restrained by either an eXisting nommal two-mch (51 mm) wide contmuous nm JOist or by nominal two-inch (51 mm) wide full depth blockIng between alternate JOistS In one- and two-story bUlldmgs, and between each JOist In three-story bUlldmgs Blockmg for multistory bUlldmgs must occur at each JOist space above a braced cnpple wall panel EXisting connections at the top edge of an eXlstmg rim JOISt or blocking need not be verified The bottom edge connection to either the foundation Sill plate or top plate of a cnpple wall shall be venfled unless a supplemental connection IS provided The minimum eXisting bottom edge connectIon shall consIst of 8d toe nails spaced SIX Inches (152 mm) apart for a continuous nm JOiSt or three ad toe nails per block When this mmlmum bottom edge connection IS not present, or IS not verified, a supplemental connection shall be provided In accordance With Subsection (d) When an eXIsting continuous nm jOist or the minimum eXisting blocking does not occur, new 1% Inch (29 mm) wood structural panel blockmg Installed tightly between floor JOists and nailed With 10d common nails at four Inches on center to the Sill or wall top plate shall be proVIded at 144 the inside face of the cripple wall In lieu of 1% Inch (29 mm) wood structural panel blocking, tIght fitting, full or near full depth two Inches nominal Width (51 mm) lumber blockmg shall be allowed provided It does not spilt dUring Installation New blockmg may be omitted where It WIll Interfere with vents or plumbing that penetrates the wall. (c) Floor Joists Parallel to Foundations. Where eXisting floor JOists are parallel to the penmeter foundations, the end JOist shall be located over the foundation and I except for required ventilation openings, shall be continuous and In continuous contact With any eXisting foundation Sill plate or top plate of the cnpple wall EXisting connections at the top edge connection ofthe end JOist need not be venfied, however, the bottom edge connection to either the foundation Sill plate or the top plate of a Cripple wall shall be venfied unless a supplemental connection IS proVided The minimum bottom edge connection shall be 8d toe nails spaced SIX Inches (152 mm) apart If this minimum bottom edge connection IS not present or IS not verified, a supplemental connection shall be proVIded In accordance With Subsection (d) (d) Supplemental connections. Supplemental connections shall provide suffiCient strength to transfer the seismic forces onglnatlng In the structure above to the Cripple wall, Sill plate orfoundatlon below Framing anchors of minimum 20 gauge steel and 12 approved fasteners may be considered to meet this requirement when 145 spaced 24 mches (813 mm) on center for one story bUlldmgs and 16 mches (610 mm) on center for two story bUlldmgs Supplemental connections for three story bUildings shall be spaced as reqUired by analysIs m accordance with all the requirements of the BUlldmg Code Exception: A supplemental connection IS not required when (1) The structural wood panel sheathing extends from the Sill plate to the rim JOist or blocking above (2) The floor sheathing IS nailed directly Into the SIll or top plate of the cnpple wall (e) Single Top Plate Ties. When a single top plate eXists In the cnpple wall, all end Jomts In the top plate shall be tied Ties shall be connected to each end of the dIscontinuous top plate and shall be equal to one of the follOWing (1) 3-mch by 6-Inch (76 mm by 152 mm) by 0 036-lnch-thlck (0 9 mm) galvanrzed steel and nailed With SIX 8d nails at each end (2) 1 % mches (38 mm) by 12-lnch (305 mm) by 0 058 mches (1 47 mm) galvanrzed steel nailed With SIX 16d nails at each end (3) 2-mch by 4-mch by 12-mch wood blocking nailed With SIX 16d naIls at each end 8.68.060 Foundations. (a) New Perimeter Foundations. New perimeter foundations shall be provided for structures With the 146 structural weaknesses noted In Items 1 and 2 of SectIon 8 68 030 SOil investigations or geotechnical studies are not requIred for this work unless the bUilding shows signs of excessive settlement or movement or IS located In a special study zone as designated by the City of Santa MOnica or State of California (b) Foundation evaluation by engineer or architect Partial penmeter foundations or unrelnforced masonry foundations shall be evaluated by an engineer or architect for the force levels of the BUIlding Code Test reports or other substant18tmg data to determme eXisting foundation matenal strengths shall be submitted for review When approved by the BUilding Officer, these foundation systems may be strengthened In accordance With the recommendations Included With the evaluatIon In lieu of being replaced Exception: When approved by the BUilding Officer, testing of eXisting foundations to determine matenal strengths shall not be required when a new non-penmeter foundation system IS Installed to resist all lateral forces as required In Section 860 040(a) of the Municipal Code (c) Details for new perimeter foundations. All new penmeter foundations shall be continuous and constructed accordIng to the standards for new bUildings Exceptions: (1) When approved by the BUilding Officer, the eXisting clearance 147 between eXlstmg floor JOIsts or girders and eXlstmg grade below the floor need not comply with the BUildIng Code This exception shall not be permitted when bUildings are raised and relocated on new foundations (2) When approved by the BUlldmg Officer, and when designed by an engineer or architect, partial penmeter foundations may be used In lieu of a continuous penmeter foundation when the new nonperlmeter foundatIon system IS Installed to resist all lateral forces as required In Section 8 68 040(a) of the MUnicipal Code 8.68.070 Foundation Sill Plate Anchorage. (a) Existing Perimeter Foundations. When the bUlldmg has an eXlstmg contmuous penmeter foundation, all penmeter wall Sill plates shall be connected to the foundation m accordance With Table 8 68-A and thiS Section Anchors shall be Installed With the plate washer Installed between the nut and the Sill plate The nut shall be tightened to a snug-tight condition after cUring IS complete for adheSIve anchors and after expansion wedge engagement for expansion anchors The Installation of nuts on all anchors shall be subject to VerificatIon by the BUlldmg Officer Anchor Side plates shall be permitted when conditions prevent anchor installation vertically through the Sill plate Anchor Side plates shall be spaced as required for adheSive or expansion anchors but only one anchor Side plate IS reqUired on mdlvldual pIeces of Sill plate less than 32 Inches 148 (813 mm) In length Wood structural panel shims shall be used on sill plates for Single plate anchor side plates when the foundatIOn stem walliS from 3/16 Inch (4 8 mm) to 3/4 Inch (1 9 mm) Wider than the SIll plate The shim length shall extend a minimum of two Inches ( 50 8 mm) past each end of the anchor Side plate Adjustable anchor SIde plates shall be used when the total thickness of the required shim exceeds 3/4 Inch (19 mm) All anchor Side plates whIch use Jag or wood screws shall pre-drill the Sill plate to prevent splitting as required by the BUlldmg Code Lag or wood screws shall be Installed In the center of the thickness of the eXlstmg Sill plate ExpanSion anchors shall not be used In unrelnforced masonry or concrete or masonry grout of poor quality AdheSive anchors shall be required when expansion anchors Will not tighten to the required torque or their installation causes surface cracking of the foundation wall (b) Placement of Anchors. Anchors shall be placed Within 12 Inches (305 mm), but not less than mne Inches (229 mm), from the ends of Sill plates and shall be placed near the center of the stud space closest to the required spacing New Sill plates may be Installed In pieces when necessary because of eXisting conditIons The minimum length of new Sill plate pieces shall be 30 Inches (762 mm) Exception: Where phYSical obstructIons such as fireplaces, plumbing or heating ducts mterfere With the placement of an anchor, the anchor shall 149 be placed as close to the obstruction as possible, but not less than nine Inches (229 mm) from the end of the plate Center-to-center spacing of the anchors shall be reduced as necessary to provide the minimum total number of anchors reqUired based on the full length of the wall Center-to-center spacing shall not be less than 12 Inches (305 mm). (c) New perimeter foundations. Sill plates for new perimeter foundatIons shall be anchored as reqUired by the BUilding Code. 8.68.080 Cripple Wall Bracing. (a) General. Unless analYSIS IS provided by an engineer or architect, exterior cnpple walls, not exceeding four feet (1219 mm) In height, shall use the prescnptlve bracing method lIsted below Cnpple walls more than four feet (1219 mm) In height require analYSIS by an engineer or architect m accordance With the BUilding Code. (b) Sheathing Requirements. Wood structural panel sheathing shall not be less than 15/32-lnch (12 mm) thick When used, plywood panels shall be constructed of a minimum of four piles All wood structural panels shall be nailed With 8d common nails spaced four Inches (102 mm) on center at all edges and at 12 Inches (305 mm) on center at each mtermedlate support Nalls shall be driven so that their head or crown IS flush With the surface of the sheathing and shall 150 penetrate the supportIng member a minimum of 1 % Inch (38 mm) When a nail fractures the swface, It shall be left In place and not counted as part of the reqUired nailing A new 8d nail shall be located within two Inches (51 mm) of the discounted nail and hand driven flush with the sheathing surface All honzontal Jomts must occur over nommal two-Inch by four-Inch (51 mm by 102 mm) blocking Installed with the nominal four-Inch (102 mm) dimenSion against the face of the plywood All vertical JOints must occur over studs Vertical JOints at adJomlng pieces of wood structural panels shall be centered on eXisting studs such that there IS a minimum 1/8 Inch (3 2 mm) between the panels Nalls shall be placed a minimum of ~ Inch (12 7 mm) from the edges of the eXisting stud When such edge distance cannot be maintained because of the Width of the eXisting stud, a new stud shall be added adjacent to the eXIsting and connected with 16d common nails at eight Inches (206 mm) on center A minimum of three such nails shall be provided (c) Distribution and Amount of Bracing See Table 8 68-A below for the dlstnbutlon and amount of braCing requIred Bracmg for a bUilding WIth two or more floor levels above cnpple wall studs exceeding 14 Inches (356 mm) In height shall be deSigned In accordance With the BUilding Code The length of the braced panel shall be at least two times the height of the cnpple stud wall but not less than 48 Inches (1219 mm) All panels 151 along a wall shall be nearly equal In length and shall be nearly equally spaced along the length of the wall Braced panels at ends of walls shall be located as near the end as possible When the minimum amount of bracing prescribed In Table 8 68-A cannot be Installed due to obstructions along any wall, the bracing must be designed by an architect or engineer Exception (1) Where physical obstructions such as fireplaces, plumbing or heatmg ducts Interfere With the equal spacing requirement for cnpple wall bracing, the bracing may be placed as close to the obstruction as possible, provided the total length of bracing required IS not reduced (2) Required lengths of braced panels may Include underfloor ventilation openings when the height of the solid portion of the panel meets or exceeds 75 percent of the height of the cripple stud wall provided the sheathing IS properly fastened to framing members or blockmg around the opening (3) For one and two-story bUildings, cnpple walls less than 12 Inches In height may be braced by two-mch nommallumber nailed to the top plate With 16d common nails at 4 Inches on center and connected to the Sill plate With a supplemental connection as specified In Section 8 68 040(d) VentilatIon holes In such stud spaces shall not exceed one-Inch In diameter (d) Stud Space Ventilation. When braCing materials are Installed on the Intenor face of studs 152 forming an enclosed space between the new bracing and eXisting exterior fimsh, each braced stud space must be ventilated Adequate ventilatIon and access for future inspection shall be proVided by drilling one two-Inch to three-Inch (51 mm to 76 mm) diameter round hole through the sheathing nearly centered between each stud at the top and bottom of the Cripple wall Such holes should be spaced a minimum of one-Inch (25 mm) clear from the Sill or top plates In stud spaces containing Sill bolts. the hole shall be located on the center line of the SIll bolt but not closer than one-Inch (25 mm) clear from the nailing edge of the sheathing When eXisting blocking occurs WIthIn the stud space, additional ventilation holes shall be placed above and below the blocking or the eXisting block shall be removed and a new nominal two-Inch (51 mm) by four-Inch (102 mm) block Installed With the nominal four-Inch (102 mm) dimenSion against the face of the plywood For stud heights less than 18 Inches (457 mm) only one ventilation hole need be proVIded Exception~ When two-Inch nominal braCing IS used for one and two- story bUIldings WIth Cripple walls less than 12 Inches In heIght, ventIlation holes shall not exceed one-Inch In diameter (e) Underfloor Ventilation. EXisting underfloor ventIlation shall not be reduced Without provIding equivalent new ventilation as close to the eXisting as possible When a new contmuous perimeter foundation system IS being Installed, ventilation shall ]53 be provIded In accordance with the Building Code 8.68.090 Quality Assurance. (a) Inspection. All work shall be subject to Inspection by the BUilding Officer including. but not limited to (1) Placement and installation of new adhesive or expansion anchors or anchor side plates Installed In eXisting foundations (2) Placement of required blocking and framing anchors (3) InstallatIon and nailing of new cnpple wall bracing (b) Special Inspection. Unless reqUIred by the BUilding Officer or the architect or engineer of record, special inspectIOn IS not required for sill plate anchors Installed In eXlstmg foundations regulated by the provIsions of this Chapter (c) Structural Observation. Structural observation IS not reqUired for work done under the prescriptive provISions of this Chapter When construction documents for strengthenrng are prepared by an archItect or engineer and alternate materials or methods are used, structural observatIon shall be proVided In accordance with the BUIlding Code 154 TABLE 8.68.A SILL PLATE ANCHORAGE AND CRIPPLE WALL BRACING 1,2,3 Number of Stories Minimum Sill Plate Connection Amount of above Cripple and Maximum Spacing Wall Bracinq Walls Adhesive or expansion anchors Each end and shall be }'2-lnch (12 7 mm) not less than One Story mInimum dlametef spaced at SIX 50% of the feet (1829 mm) maximum center wall length to center Adhesive or expansIon anchors Each end and shall be }'2-lnch (12 7 mm) not less than mInimum diameter spaced at 70% of the Two Story four feet (1219 mm) maximum wall lenqth center to center, Of 5/8 Inch (15 9 mm) spaced at SIX feet maxImum center to center 1 Plate washers for use With adhesive or expansion anchors shall be two-inch (51 mm) by two-Inch (51 mm) by 3/16-Inch (48 mm) for %-mch (12 7 mm) diameter anchors and 2Y2-mch (64 mm) by 2Y2-lnch (64 mm) by 114-Inch (6 mm) for 5/8 Inch (159 mm) dIameter anchors 2 EXlstmg Sill plate anchor bolts shall be permitted to provide all or a portIon of the sill plate connection requIrement If a the anchor bolt IS cast In concrete and In sound condItion, and b the diameter size and maximum spacing meets or exceeds the reqUirements of Table 8 68-A, and c a new plate washer conforming to footnote 1 IS Installed, and d the nut IS connected to a snug tight condition 3 Anchor side plates shall be permitted when condItIons pfevent anchor Installation vertically through the sIll plate SectIon 18 Chapters 8 72 IS hereby added to the Santa MOnica MUniCIpal Code to read as follows 155 Chapter 8.72 Seismic Strengthening Provisions For Soft, Weak or Open Front Walls In Light, Wood- Framed Buildings 8.72.010 Purpose The purpose of this Chapter IS to promote the public welfare and safety by redUCing the risk of death or mJury that may result from the effects of earthquakes on eXisting buildings of light wood-frame construction ThIS Chapter creates minimum standards to strengthen the more vulnerable portions of these structures When fully followed, these mInimum standards Will substantially Improve the performance of these bUildings but Will not necessanly prevent all earthquake related damage 8.72.020 Scope. The provIsions of thIS Chapter shall apply to all eXIsting wood frame bUildings or portions thereof deSigned uSing the BUilding Code In effect before December 12,1995 where (a) The ground floor portIon of the wood frame structure contains parking or other similar open floor or basement space that causes soft, weak, or open front wall lines as defined In thiS Chapter and there eXists one or more levels above, or (b) The walls of any story or basement of wood construction are laterally braced With nonconformIng structural materials as defined In thiS Chapter and there eXists two or more levels above 156 BUlldmgs desIgnated as hlstoncally or architecturally significant landmarks on national. state or local historical registers shall also comply wIth the provIsions of this Chapter At the BUilding OffIcer's discretion, modifications to the standards set forth In thiS Chapter may be permitted when such modifications are consistent with the provISions of the State Hlstoncal BUilding Code 8.72.030 Definitions. Notwithstanding the applicable deflnltrons, symbols and notations In the BUilding Code, the following definitions shall apply for the purposes of thiS Chapter Aspect Ratio IS the ratio of the height of a wall Section to ItS Width Building Code IS the BUlldmg Code of the City of Santa MOnica Cripple WalliS a wood-framed stud wall extending from the top of the foundatIon wall to the underSide of the lowest floor framIng. Date of Engineeri ng Report Submittal IS either that date upon which the report was due to be submitted to the City, or the date of actual submittal to the City, whichever IS earlier Expansion Anchor IS an approved mechanical fastener placed In hardened concrete, designed to expand In a self-dnlled or pre-dnlled hole of a specified size and engage the Sides of the hole In one or more locations to develop shear and/or tension resistance to applied loads Without grout, adheSive or drypack 157 Ground Floor IS any floor Within the wood frame portion of a bUilding whose elevation IS ImmedIately accessible from an adjacent grade by vehicles or pedestrians The ground floor portion of the structure does not Include any level that IS completely below adjacent grades Level IS a story, basement, or underfloor space of a bUIlding with Cripple walls exceeding four feet In height Nonconforming Structural Materials are wall bracing matenals for seismiC loads whose allowable shear value was reduced or whose maximum allowable aspect ratIo was decreased since the ong Inal bUilding construction These methods or matenals Include, but are not limited to cement or gypsum plaster, gypsum wallboard, diagonal or let-In braCing, straight or diagonal wood sheathIng, particle board and structural wood panels Open FrontWall Line IS an extenorwallllne without vertical elements of the lateral force reslstmg system which requires tnbutary seismiC forces to be resisted by diaphragm rotatron or excessive cantilever beyond parallel lines of shear walls DIaphragms that cantilever more than twenty-fIve percent of the distance between hnes of lateral force reslstmg elements shall be conSidered excessive Extenor eXit balCOnies of SIX feet or less In Width shall not be conSidered excessive cantilevers Retrofit IS an Improvement of the lateral force reslstmg system by alteration of eXisting structural elements or addition of new structural elements 158 Soft Wall Line IS a wall line whose lateral stiffness IS less than required by story dnft limitations or deformation compatibility reqUIrements of this Chapter In lieu of analYSIS, thIs may be defined as a wall line In a story where the story stiffness IS less than 70 percent of the story above for the direction under conSIderatIon Story Strength IS the total strength of all seismiC resisting elements sharing the same story shear In the dIrectIon under conSideratIon Type I Building IS any wood frame bUIlding that must be usable In the event of an emergency, and shall Include hospitals, polIce and fIre stations and disaster recovery centers Type II Building IS any wood frame bUilding WIth 100 or more occupants or any bUilding WIth occupied square footage other than parking or storage on the first floor or level of the bUilding Type III Building IS any wood frame bUilding With at least 20 but fewer than 100 occupants Type IV Building IS any wood frame bUIlding With fewer than 20 occupants Wall Line IS any length of a wall along a pnnclpal aXIs ofthe bUilding used to provide resistance to lateral loads Parallel wall lines separated by less than four feet shall be considered one wall line for the distrrbutlon of loads Weak Wall Line IS a wall hne laterally braced WIth nonconforming 159 structural materials or a wall line In a story where the story strength IS less than 80 percent of the story above m the dIrection under consideratIon Wood Frame Building IS any bUilding whose basIc structural system IS a beanng wall system and whose lateral-force-reslstmg system IS mostly light framed walls with shear panels but may also consIst, In lesser part, of braced frames. moment frames or cantilevered column elements 8.72.040 General Requirements. (a) The owner of each bUilding within the scope of the Chapter shall cause an investigation of the eXisting construction and a structural analysIs to be made of the bUlldmg by a cIvil or structural engineer or architect licensed by the State of California, and If the bUIlding does not meet the minImum standards specified In this Chapter, the owner shall cause It to be structurally altered to conform to such standards (b) The owner of each bUilding within the scope of this Chapter, which has been analyzed to demonstrate compliance or structurally altered to comply with the minimum earthquake standards In this Chapter, shall maintain such bUild Ing In conformity wIth the req ulrements of thIs Chapter In effect at the time of such analysIs or structural alteration (c) BUildings within the scope of the Chapter may not be added to or structurally altered or otherwise remodeled without first complYing with the provIsions of this Chapter unless the BUilding Officer determines that the alterations are minor In nature 160 (d) Notwithstanding any other provIsions ofthls 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 Chapterwhlch does not meet the minimum earthquake standards specified In thiS Chapter ThiS provIsion shall not apply If alteration or repair work has commenced to bring the bUilding Into compliance with requirements of thiS Chapter, and such work IS proceeding In accordance with the time limits set forth In any order of the BUilding Officer or determination of the NUisance Abatement Board 8.72.050 Demolition. An owner deslnng to demolish a bUilding must nevertheless comply with the strengthening provIsions of thIS Code wlthm the time allowed unless such owner receives permission to demolish the bUilding pnor to the time limits set forth In thiS Chapter for the filing of a permit and the submitting of plans to the BUilding OffIcer Such an owner shall submit a demolitIon permit application to the BUilding Officer and shall meet all ofthe reqUIrements for demolition Imposed by thiS Code, including but not limited to those requirements set forth In Section 9 04 10 16 010 of thiS Code, before such a demolition shall be permitted Nothing In thiS Chapter shall be deemed to relieve a bUilding owner of meeting the requirements for demolition of a building Imposed by any other applicable law or regulation 161 8.72.060. Time Period for Compliance. (a) Engineering Report. Within 120 days of the date of notice to the owner by the City, the owner of any bUilding subject to the provIsIons of this Chapter shall submit an englneenng report to the BUilding and Safety DIvISIon The report shall demonstrate whether the structure conforms to the Earthquake Design provIsIons contamed In this Chapter (b) Plan, Permits and Construction. If the report concludes the structure does not comply With the provIsions of this Chapter, the structure shall be strengthened to comply With the standards of this Chapter wlthm the time periods shown In Table 8 72-A below Table 8.72-A BUilding Time Limits for Owner Type Fde for Permit! Commence Complete Submit Plans Construction Construction I 60 days from date of 150 days from date of 1 year from date of engineering report submittal engineering report submIttal englneenng report submittal II 180 days from date of 270 days from date of 3 years from date of engineering report submittal engineering report submittal engineering report submittal III 1 % years from date of 1 year 8 months from date of 3 years from date of englneenng report submittal englneenng report submittal englneenng report submIttal IV 2 years 5 months from date of 2 years 8 months from date of 4 years from date of engineering report submittal engineering report submittal engineering report submittal ]62 8.72.070 Administration. (a) Building Classification. The BUilding Officer shall determine the occupant load and clasSification of bUilding type The occupant load shall be determined In accordance With the BUilding Code and shall Include the entire bUilding plus the occupant load of any adjacent bUlldmg that mterconnects With the subject bUilding or uses the subject bUilding for eXiting purposes (b) Contents of Order. When the BUilding Officer determines that a bUilding IS Within the scope of thIS Chapter, the BUilding Officer shall Issue an order as provided herein The order shall specify that the bUilding has been determined by the BUlldrng Officer to be wlthm the scope of thiS Chapter and, therefore, IS reqUired to meet the seismIC strengthening provIsions of thIs Chapter The order shall specify the BUilding Type classification and shall set forth the owner's alternatIves and time limits for compliance (c) Service of Order. The order shall be m wrrtmg and may be given either by personal delivery thereof to the owner or by depOSit In the United States mall In a sealed envelope, postage prepaid, addressed to the owner as shown on the last equalized assessment roll Service by mall shall be deemed to have been completed at the time of depOSit In the U S mall The failure of any owner to receive such notice shall not affect In any manner the validIty of any of the proceedings taken thereunder Proof of giVing notice may be made by an affidaVit of any employee of the CIty whIch shows 163 service In conformIty with thIs SectIon BUIldIng and Safety CommISSion action, NUisance Abatement Board action, BUilding Officer admmlstratlve action, other correspondence between the City and the bUilding owner or bUilding owner's representative, or other eVidence of knowledge of notification shall also be deemed as proof of giving notice (d) Recordation. At the time that the BUilding Officer serves the aforementioned order, the BUlldmg Officer shall file with the Office of the County Recorder a certificate statmg that the subject bUilding IS wlthm the scope of thiS Chapter The certificate shall also state that the owner thereof has been ordered to structurally analyze the bUilding and to structurally alter It when the BUilding OffIcer determines the bUilding IS not In compliance with thIS Chapter If the bUilding IS either demolished, found not to be within the scope of this Chapter, or IS structurally capable of resisting minimum seismiC forces required by thiS Chapter as a result of structural alterations or an analysIs, the BUilding Officer 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 Chapter 8.72.080 Analysis And Design. (a) General. Every bUlldmg within the scope of thiS Chapter shall be analyzed, desIgned and constructed In conformance with the BUlldmg Code except as modIfied herem No alteration of the eXlstmg lateral force-reslstmg 164 or vertlcalload-carrymg system shall reduce the strength or stiffness of the eXlstmg structure When any portion of a bUilding within the scope of thiS Chapter IS constructed on or mto a slope steeper than 1 unit vertical In 3 Units hOrizontal, the lateral-force-reslstmg system at and below the base level diaphragm shall also comply With the provIsions of Chapter 8 20 of thiS Code When the portion ofthe bUIlding that requires strengthening IS limited to the underfloor area of the first floor and that area IS used only as an uninhabited crawlspace. strengthening requirements shall also comply With the provIsions of Chapter 8 68 of thiS Code (b) Scope of Load Path ThiS Chapter requires the alteration, repair, replacement or addition of structural elements and their connections to meet the strength and stiffness reqUirements herem The lateral load path analYSIS shall Include the resisting elements and connections from the wood diaphragm above any soft, weak or open front wall lines to the foundation SOil Interface or reinforced concrete slab or masonry wall supporting elements below The lateral load path analYSIS for added structural elements shall also Include evaluation of the allowable SOil bearrng and lateral pressures In accordance With the BUilding Code When an open front, weak or soft wall line eXists due to parking at the ground level of a two-level bUilding and the parking area IS less than 20 165 percent of the ground floor level. then only the wall lines In the open, weak or soft directions of the enclosed parking area, need comply with the provIsions of this Chapter (c) Design Base Shear. The deSign base shear In a given direction shall be equal to the base shear that the BUilding Code requires for new bUildings (d) Vertical Distribution of Forces. The total seismic force shall be distributed over the height of the structure In accordance With the BUilding Code except that dlstnbutlon of force by story weIght shall be permitted for two story bUildings The value of R used In the deSIgn of any story shall be less than or equal to the value of R used In the given direction for the story above (e) Weak Story Limitation. The structure shall not exceed 30 feet In helg ht or two levels If the lower level strength IS less than 65 percent of the story above EXisting walls shall be strengthened as required to comply With this proVISion unless the weak level can resist a total lateral seismiC force of three times the deSign force prescribed In Section 872 080(c) The story strength for each level of all other structures shall be a minimum of 80 percent of the story above (f) Story Drift Limitation. The calculated story drift for each retrofitted level shall not exceed the allowable deformation compatible With all vertical load resisting elements and the story dnft limitations of the 166 BUilding Code The calculated story dnft shall not be reduced by the effects of honzontal dIaphragm stIffness but shall be Increased when these effects produce rotation The effects of rotation and SOil stiffness shall be Included In the calculated story drift when lateral loads are resisted by vertical elements whose req ulred depth of embedment IS determined by pole formulas such as Formula (6-1) and (6-2) In Section 180682 of the Uniform BUilding Code The coeffiCient of vanatlon of subgrade reaction used In the deflection calculations shall be provided from an approved geotechmcal engineering report or other approved methods (g) P f::.. Effects. The reqUirements of the BUilding Code shall apply except as modified herein All framing elements not reqUired by the deSign to be part of the lateral force resisting system shall be Investigated and shown to be adequate for vertical load carrymg capacity when displaced three times the displacements resulting from the reqUired lateral force The stress analYSIS of cantIlever columns shall use a buckling factor of 2 1 for the direction normal to the aXIs of the beam (h) Ties and Continuity. All parts of the structure Included m the scope of Section 872 080(b) shall be Interconnected and the connection shall be capable of resisting the seismiC force created by the parts being connected Any smaller portion of a bUilding shall be tied to the remainder of the bUilding With elements haVing a minimum strength equal to one-fifth 167 of the tnbutary dead load of the smaller portion A pOSitive connection for reslstmg a hOrizontal force actmg parallel to the member shall be provIded for each beam, girder or truss Included In the lateral load path ThiS force shall not be less than one-tenth ofthe combined tnbutary dead and live loads or as required by the lateral load path transfer, whIchever IS greater (I) Collector Elements. Collector elements shall be provided that can transfer the seismiC forces onglnatlng In other portions of the bUilding to the elements wlthm the scope of Section 8 72 080(b) that provide resIstance to those forces (j) Horizontal Diaphragms. The analYSIS of shear demand or capacity of an eXisting plywood or diagonally sheathed honzontal diaphragm need not be investigated unless the diaphragm IS reqUired to transfer lateral forces from the lateral resisting elements above the diaphragm to other lateral resisting elements below the diaphragm due to offset In placement of the elements Wood diaphragms In structures that support floors or roofs above shall not be allowed to transmit lateral forces by rotation or cantilever However, rotational effects shall be accounted for when unsymmetnc wall stiffness mcreases shear demands Exception: Diaphragms that cantilever 25 percent or less of the distance between lines of lateral load resisting elements from which the diaphragm cantilevers may transmit their shears by cantilever provided that 168 rotational effects on shear walls parallel and perpendicular to the load are accounted for (k) Shear Walls. Shear walls shall have suffiCient strength and stiffness to resist the tributary seismiC loads and shall conform to the special requirements of this Section (I) Gypsum or Plaster Products. Gypsum or plaster products shall not be used to provide lateral resIstance (m) Wood Structural Panels. Shear walls sheathed With wood structural panels may be used to resist honzontal forces that do not exceed the allowable shear values and story drift limitations of the BUilding Code Openings are permitted In shear walls If they do not exceed 50 percent of the height or WIdth of the shear wall The remaining portion of the shear wall shall be strengthened for the transfer and Increase of all shearing forces caused by the opening The resulting shear wall shall be analyzed as a mosaic of shear resisting elements Blocking and steel strapping shall be employed at the corners of the opening to transfer forces from discontinuous boundary elements Into adJolnmg panel elements The effect of openings on the stiffness of the shear wall shall be demonstrated to comply With the story dnft limitatIons of the BUilding Code The stiffness shall be calculated uSing the properties of the different shear elements making up the shear wall or It shall be demonstrated by approved testing When shear walls cannot be made to conform to the requirements 169 of this Section because of eXisting opemngs, the openings shall be relocated or reduced In wIdth to meet the strength and stiffness requirements of the lateral loads Relocated and altered opemngs shall comply with the emergency escape and rescue requirements of the BUilding Code Relocated and altered openings shall comply With the light and ventilation requirements for residential occupancies unless otherwise approved by the BUilding Officer. (n) Wood Species of Framing Members. Allowable shear values for wood structural panels shall consider the specIes of the framing members When the allowable shear values are based on douglas fir-larch framing members and framing members are constructed of other species of lumber, the allowable shear values shall be multiplied by the follOWing factors 0 82 for species With speCific gravities greater than or equal to 0 42 but less than 049, and 065 for species With speCific gravities less than 042 Redwood shall use 0 65 and hem fir shall use 0 82 unless othelWlse approved (0) Mechanical Penetrations. Mechamcal penetrations In shearwalls shall be accounted for In the design or the shear wall shall be analyzed as two separate walls on each side of the penetration (p) Substitution for 3 inch Nominal Width Framing Members. Double two-Inch nominal wIdth framing members shall be permitted In lieu of any required three-Inch nominal width framing member when the eXisting and new framing member are of equal dimenSions, are connected as 170 required to transfer the m-plane shear between them and the sheathing for the shear walliS equally fastened between them (q) Hold Down Connectors. Expansion anchors that provide tension strength by friction resistance shall not be used to connect hold down devices to eXisting concrete or masonry elements Expansion anchors shall be permitted to provide tension strength by beanng The required depth of embedment or edge distance for the anchor used m the hold down connector shall be provided In the concrete or masonry below any plain concrete slab unless satisfactory eVidence IS submitted to the BUilding Officer that shows that the concrete slab and footings are of monolithic construction Bolted hold down connectors shall be pre-loaded to reduce slippage of the connector Pre-Ioadmg shall consist of tightening the nut on the tension anchor after the placement but before the tlghtenmg of the shear bolts m the panel flange member The tension anchor shall be tightened until the shear bolts are In firm contact With the edge of the hole nearest the direction of the tension anchor Hold down connectors With self-JIgging bolt standoffs shall be Installed In a manner to permit pre-loadIng Deformation of hold down connectors at ultimate loads shall be compatible With adJolnmg elements and shall be venfled by approved testing 171 8.72.90 Materials of Construction. (a) New Materials. All materials approved by the BUilding Code, Including their approprrate allowable stresses and minimum aspect ratios. shall be permitted to meet the requirements of thiS Chapter (b) Allowable Foundation and Lateral Pressures. Allowable foundation and lateral pressures shall be permItted to use the values from the BUilding Code The coeffiCient of vanatlon of subgrade reaction shall be established by an approved geotechnical engineering report or other approved methods when used In the deflection calculations of embedded vertical elements as required In Section 8 72 080(f) (c) Existing Materials. All eXisting materials shall be In sound condItion and constructed In conformance to the BUilding Code before they can be used to resist the lateral loads prescnbed In thiS Chapter The venficatlon of eXisting matenal conditions and theIr conformance to these requirements, shall be made by phYSical observation reports. matenal testing or record draWings as determIned by the structural deSigner and approved by the BUilding Officer (d) Horizontal Wood Diaphragms. EXisting honzontal wood diaphragms that require analYSIS under Section 8 72 0800) shall be permitted to use Table A-1-D of AppendiX 1 of the Uniform Code for BUilding Conservation, 1997 Edition for their allowable values (e) Wood Structural Panel Shear Walls. 172 (1) Allowable Nail Slip Values. When the reqwred drift calculations of Section 8 72 080(f) rely on the lower slip values for common nails or surfaced dry lumber, their use In construction shall be venfled by exposure The use of box nails and unseasoned lumber may be assumed wIthout exposure The verification of surfaced dry lumber shall be by Identification conforming to the BUilding Code (2) Reduction for Clipped Nail Heads. When exposed nails do not meet the nominal head sizes required for hand dnven nails In the BUIlding Code, the allowable shear capacity for shear walls sheathed with wood structural panels shall be reduced Allowable shear values for sheathing nailed with clipped nail heads shall be equal to sheathing fastened with casing heads In the BUilding Code (3) Plywood Panel Construction. When VerificatIon of the eXisting plywood materials IS by use of record drawings alone, the panel construction for plywood shall be assumed to be of three piles (4) Framing Members of Other Species. When verification of the eXisting wood material IS by use of record drawings, the allowable shear capacity shall be multiplied by the reduction factor of 082 for bUildings bUilt on or after 1960 BUildings bUilt before thiS period shall use the reduction factor 0 65 When venflcatlon of the eXisting wood matenal IS by IdentifIcatIon In conformance to the BUildIng Code, the allowable shear capacity In the BUlldmg Code may be used 173 (f) Lumber. When the eXlstmg dimensioned lumber IS not Identified In conformance to the BUilding Code, the allowable stresses for lumber shall be permitted for the structural elements specified below Posts and Seams Douglas Fir-larch No 1 JOists and Rafters Douglas Fir-larch No 2 Studs, Blocking Hem FIr Stud Cg) Structural Steel. All eXistIng structural steel shall be permitted to use the allowable stresses for Grade A36 EXisting pipe or tube columns shall be assumed to be of minimum wall thickness unless verrfled by testmg or exposure (h) Strength of Concrete. All eXisting concrete footings shall be permitted to use the allowable stresses for plain concrete With a compressive strength of 2,000 pSI The strength of eXistIng concrete With a record compressive strength greater than 2,000 pSI shall be venfled by testmg, record drawmgs or records of the enforcement agency (I) Existing Sill Plate Anchorage. EXisting cast-In-place anchor bolts shall be permitted to use the allowable service loads for bolts With proper embedment when used for shear resistance to lateral loads and prOVided With plate washers as requIred In the BUilding Code. 8.72.100 Required Information on Plans. (a) General. The plans shall show all necessary dImenSions and matenals for plan review and construction and shall accurately reflect the 174 results of the englneenng investigation and design (b) Existing Construction. The plans shall show the eXisting diaphragm and shear wall sheathing and framing matenals, fastener type and spacing, diaphragm and shear wall connections, continuity ties, and collector elements The plans shall also show the portion of the eXisting matenals that needs verrflcatlon dunng construction (c) New Construction. (1) Foundation Plan Elements. The foundation plan shall Include the Size, type, location and spacing of all anchor bolts With the required depth of embedment, edge and end distance, the location and size of all columns for braced or moment frames, referenced details for the connection of braced or moment frames to their footIng and referenced Sections for any grade beams and footings (2) Framing Plan Elements. The framing plan shall Include the Width, location and matenal of shear walls, the Width, location and materral of frames, references on details for the column to beam connectors, beam to wall connections, and shear transfers at floor and roof dIaphragms, and the required nailing and length for wall top plate splices (3) Shear Wall Schedule, Notes and Details. Shear walls shall have a referenced schedule on the plans that Includes the correct shear wall capacity In pounds per foot, the required fastener type, length, gauge and head Size, and a complete speCification for the sheathmg material and Its 175 thickness The schedule shall also show the required location of three-Inch nommal or double two-Inch nom mal edge members, the spacing of shear transfer elements such as framing anchors or added sill plate nalls, the required hold-down With Its bolt, screw or nail Sizes, and the dimenSions, lumber grade and species of the attached framing member Notes shall show required edge distance for fasteners on structural wood panels and framing members, required flush nailing at the plywood surface, limits of mechanical penetrations, and the Sill plate matenal assumed m the deSign The limits of mechanrcal penetrations shall also be detailed shOWing the maximum notching and drilled hole sizes (4) Quality Control and Assurance Requirements. General notes shall show the requirements for material testmg, special inspection , structural observation and the proper Installation of newly added matenals 8.72.110 Quality Assurance. (a) Structural Observation All structures regulated by thiS Chapter reqUire structural observation dUring construction The owner shall employ the engineer or architect responsible for the structural deSign, or another engineer or architect deSignated by the engmeer or architect responsible for the structural deSign, to perform structural observation as defined In the BUilding Code Section 19 Chapter 8 76 IS hereby added to the Santa MonIca 176 MUnicipal Code to read as Chapter 8.76 Seismic Strengthening Provisions for Existing Welded Steel Moment Frame Structures. 8.76.010 Purpose. The purpose of this Chapter IS to promote public safety and welfare by reducing the risk of death or Injury that may result from the effects of earthquakes on welded steel moment frame structures 8.76.020 Scope. The provIsions of this Chapter shall apply to all bUildings that were designed under bUilding codes In effect pnor to December 12,1995, or bUilt WIth bUilding permits Issued prior to December 12, 1996 and said bUildings are welded steel moment frame structures as defined herein BUIldings designated as hlstoncally or architecturally significant landmarks on national, state or local hlstoncal registers shall also comply With the proVIsions of thiS Chapter At the BUilding Officer's discretion, modifications to the standards set forth In thiS Chapter may be permitted when such modifications are consistent With the provIsions of the State Historical BUilding Code SeismIC strengthening In place prior to the effective date of thiS Chapter shall be evaluated according to the provIsions of thIS Chapter and modified If deemed necessary by the BUilding Officer 177 8.76.030 Defi n itio ns. For purposes ofthls Chapter, the applicable definItions In the BUilding Code and the following shall apply Building Code IS the BUlldmg Code of the City of Santa MOnica Commenced Construction IS construction pursuant to a valid bUlldmg permit has progressed to the pOint that one ofthe called Inspections as required by the BUilding Officer has been made and the work for which the inspection has been called has been Judged by the BUlldmg Officer to be substantial and has been approved by the BUilding Officer Date of Engineering Report Subm ittalls either that date upon which the report was due to be submitted to the City, or the date of actual submittal to the City, whichever IS earlier Type I Building IS any welded steel moment frame structure that must be usable In the event of an emergency, and shall Include hospitals, police and fire stations and disaster recovery centers Type II Building IS any welded steel moment frame structure With 100 or more occupants Type III Building IS any welded steel moment frame structure WIth at least 20 but fewer than 100 occupants Type IV Building IS any welded steel moment frame structure With fewer than 20 occupants Welded Steel Moment Frame Structure IS any bUilding whose 178 primary lateral-force-reslstlng system IS either a speclal-moment-reslstmg frame or ordinary resisting frame constructed of steel with fully welded connections or connections which are partially welded and partially bolted 8.76.040 General Requirements. (a) The owner of each bUIlding wlthm the scope of the Chapter shall cause an Investigation of the eXisting constructIon and a structural analysIs to be made of the building by a structural engineer licensed by the State of California, and Ifthe bUilding does not meet the mInimum standards specified m this Chapter, the owner shall cause It to be structurally altered to conform to such standards (b) The owner of each bUlldmg Within the scope of this Chapter, which has been analyzed to demonstrate compliance or structurally altered to comply With the minimum earthquake standards In this Chapter, shall mamtam such bUlldmg In conformity With the reqUirements of this Chapter In effect at the time of such analYSIS or structural alteration (c) BUildings WIthin the scope ofthe Chapter may not be added to or structurally altered or otherwise remodeled Without first complYing With the proVISions of this Chapter unless the BUilding" Officer determines that the alterations are minor In nature (d) Notwithstanding any other provIsions of thIS Code to the contrary, It shall be unlawful for any person, firm or corporation to mamtam. use or occupy any bUilding Within the scope of this Chapterwhlch does not meetthe 179 minimum earthquake standards specified In thiS Chapter within any of the time periods established ThiS provIsion shall not apply If alteration or repair work has commenced to bnng the bUilding Into compliance with requirements of thiS Chapter, and such work IS proceeding In accordance with the time limits set forth In any order of the BUlldmg Officer or determination of the NUisance Abatement Board 8.76.050 Demolition. An owner deSIring to demolish a bUilding must nevertheless comply wIth the strengthening provIsions of this Code within the time allowed unless such owner receives permission to demolish the bUilding prior to the time lImits set forth In Section 8 76 060 for the filing of a permit and the submitting of plans to the BUilding Officer Such an owner shall submit a demolitIon permit application to the BUilding Officer and shall meet all of the requirements for demolitIon Imposed by thiS Code, Includmg but not limited to those requirements set forth In Section 9 04 10 16 010 of thiS Code, before such a demolition shall be permitted Nothing In thiS Chapter shall be deemed to relieve a bUilding owner of meeting the requirements for demolition of a bUilding Imposed by any other applicable law or regulation 8.76.060. Time Period for Compliance. (a) Engineering Report. Within 275 days of the date of notice to the 180 owner by the CIty, the owner of any welded steel frame structure shall submit to the BUlldmg and Safety Department an englneenng evaluatIon report prepared by a Callforma registered Structural Engineer based upon an inspection of a representatIve sample of connections of the bUildIng ("Structural Report") The Structural Report shall Indicate whether the steel frame structure conforms to standards for steel moment frame bUilding and connections contained In the Intenm GUidelines of the SAC JOint Venture, published In August 1995, as SAC Report 95-02, FEMA Publication 267,SAC Report 96- 03, FEMA 267-A or as such GUidelines are subsequently amended CopIes of the current gUidelines shall be kept on file In the BUilding and Safety DIvIsion (b) Strengthening and Repair Requirements. If the Structural Report concludes that the bUilding does not conform with the aforementioned standards or any subsequent amended gUidelines of the SAC JOint Venture, or If other signifIcant damage is found in the Inspection, the bUilding shall be repaIred to fully conform with the referenced standards wIthin the time penods shown In Table 8 76-A below 181 Table 8.76-A Building Type Time Limits for Owner FIle for Permltl Commence Complete Construction Submit Plans Construction I 60 days from date of 150 days from date of 1 year from date of engineering report submIttal englneenng report submittal englneenng report submittal II 180 days from date of 270 days from date of 3 years from date of englneerrng report submittal engineering report submittal englneenng report submittal III 1 Y:z years from date of 1 year 8 months from date of 3 years from date of englneenng report submittal englneenng report submIttal engineering report submittal IV 2 years 5 months from date of 2 years 8 months from date of 4 years from date of englneerrng report submittal englneenng report submittal engmeerrng report submIttal 8.76.070 Administration. (a) Building Classification. The BUilding Officer shall determine the occupant load and clasSIfication of bUIldIng type The occupant load shall be determined In accordance With the BUilding Code and shall Include the entire bUilding plus the occupant load of any adjacent bUIlding that Interconnects With the subject bUlldmg or uses the subject bUilding for eXiting purposes (b) Contents of Order. When the BUildIng OffIcer determines that a bUilding IS Within the scope of this Chapter, the BUilding Officer shall Issue an order as proVided herein The order shall specify that the building has been determined by the BUilding Officer to be Within the scope of thiS Chapter and, therefore, IS reqUired to meet the seIsmiC strengthemng provIsions of thIS Chapter The order shall specIfy the BUlldmg Type claSSification and shall set forth the 182 owner's alternatives and tIme limits for compliance (c) Service of Order. The order shall be In wntlng and may be given either by personal delivery thereof to the owner or by deposit In the United States mall In a sealed envelope, postage prepaid I addressed to the owner as shown on the last equalized assessment roll Service by mall shall be deemed to have been completed at the time of deposit In the U S mall The failure of any owner to receive such notice shall not affect m any manner the validity of any of the proceedings taken thereunder Proof of giVing notice may be made by an affidaVit of any employee of the City which shows service In conformity WIth thiS Section Building and Safety Commission action, NUisance Abatement Board actIon, BUilding Officer administrative action, other correspondence between the City and the bUilding owner or bUilding owner's representative, or other eVidence of knowledge of notification shall also be deemed as proof of givIng notice (d) Recordation. At the time that the BUlldmg Officer serves the aforementioned order, the BUilding Officer shall file With the Office of the County Recorder a certIficate stating that the subject bUilding is Within the scope of thiS Chapter The certificate shall also state that the bUlldmg owner has been ordered to structurally analyze the bUilding and to structurally alter It when the BUilding Officer determines the bUild Ing IS not In compliance With thiS Chapter If the bUild Ing IS demolished, found not to be Within the scope of thiS ]83 Chapter, or IS structurally capable of resisting minimum seismiC forces reqUIred by this Chapter as a result of structural alterations Of an analysIs, the BUilding Officer 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 Chapter Sectron 20 Chapter 8 80 IS hefeby added to the Santa MOnica MUnicipal Code to read as follows Chapter 8.80 Seismic Strengthening Provisions for Existing Non-Ductile Concrete Buildings. 8.80.010 Purpose. The purpose of this Chapter IS to promote public safety and welfare by reducIng the risk of death or Injury that may result from the effects of earthquakes on concrete bUildings and concrete frame bUildings With masonry tnfiUs 8.80.020 Scope The proVISions of this Chapter shall apply to all bUildings that were desIgned under bUilding codes In effect prior to January 11, 1976, or bUilt WIth bUilding permits Issued prior to January 11, 1978, and said bUildings have concrete floors or roofs supported by reinforced concrete walls or concrete frames and columns, or said bUildings have concrete frames With masonry Infills, BUildings designated as historically or architecturally Significant 184 landmarks on national, state or local historical registers shall also comply with the provIsions of this Chapter At the BUlldrng OffIcer's discretion, modIfications to the standards set forth In this Chapter may be permitted when such modifications are consistent with the provIsions of the State Hlstoncal BUIlding Code Seismic strengthening In place pnor to the effective date of this Chapter shall be evaluated according to the provIsions of thIs Chapter and modifIed If deemed necessary by the BUilding Officer 8.80.030 Definitions. For purposes of this Chapter, the applicable definitions In the BUIlding Code and the follOWing shall apply Building Code IS the BUilding Code of the City of Santa MonIca Commenced Construction IS constructIon pursuant to a valid bUilding permit which has progressed to the pOint that one of the called inspections as reqUired by the BUilding Officer has been made and the work for which the inspectIon has been called has been Judged by the BUilding Officer to be substantial and has been approved by the BUlldmg Officer Date of Engineering Report Submittal IS either that date upon which the report was due to be submitted to the City, orthe date of actual submittal to the City, whichever IS earlier Masonry Infill IS masonry, both unremforced and reinforced, constructed Within reinforced concrete frame members 185 Type I Building IS any non-ductlle concrete bUilding that must be usable In the event of an emergency, and shall Include hospitals, police and fire stations and disaster recovery centers Type II Building IS any non-ductile concrete bUilding with 100 or more occupants Type III Building IS any non-ductile concrete bUilding with at least 20 but fewer than 100 occupants Type IV Building IS any non-ductile concrete bUilding with fewer than 20 occupants 8.80.040 General Requirements. (a) The owner of each bUilding within the scope of this Chapter shall cause an investigation of the eXisting construction and a structural analysIs to be made of the bUIlding by a cIvil or structural engineer or archItect hcensed by the State of California If the bUlldmg does not meet the minimum standards specIfied In thiS Chapter, the owner shaH cause It to be structurally altered to conform to such standards (b) The owner of each bUilding within the scope ofthls Chapter, which has been analyzed to demonstrate compliance or structurally altered to comply with the minimum earthquake standards m thIS Chapter, shall maintain such bUilding in conformity with the requirements of this Chapter In effect at the time of such analysIs or structural alteration (c) BUildings within the scope of thiS Chapter may not be added to or 186 structurally altered or otherwise remodeled without first complYing with the provIsions of this Chapter unless the BUlldmg OffIcer determines that the alterations are minor In nature (d) NotWithstanding any other provIsions ofthls Code to the contrary, It shall be unlawful for any person, firm or corporation to maintain, use or occupy any bUild Ing Within the scope of thIs Chapter which does not meet the minimum earthquake standards specified In this Chapter WithIn any of the time periods established This provIsion shall not apply If alteration or repair work has commenced to bring the bUilding Into compliance With requirements of thiS Chapter, and such work IS proceeding In accordance With the time limIts set forth In any order of the BUilding Officer or determination of the NUisance Abatement Board 8.80.050 Demolition An owner desIring to demolish a bUlldmg must nevertheless comply With the strengthening provISions of this Code Within the time allowed unless the owner receives permission to demolish the bUIlding prior to the time limits set forth In Section 8 80 060 for the filing of a permit and the submittIng of plans to the BUilding Officer The owner shall submit a demolition permit application to the BUilding Officer and shall meet all of the req ulrements for demolition Imposed by thiS Code, Including but not lImited to, those reqUirements set forth In SectIon 187 904 10 16010 of this Code, before a demolitIon shall be permitted Nothing In this Chapter shall be deemed to relieve a bUIlding owner of meeting the requirements for demolitIon of a bUIlding Imposed by any other applicable law or regulation 8.80.060. Time Period for Compliance. (a) Engineering Report. WIthin 275 days of the date of notice to the owner by the CIty, the owner of any bUIlding subject to the provIsions of thIS Chapter shall submIt an englneenng report to the BUilding and Safety DIVIsion For structures over three stones In height, the report shall be based upon a dynamic lateral-force analysis except for structures where resistance to all lateral loads IS prOVided only by either new or eXIsting shear walls that Will be upgraded to the current Code, In which case the report may be based upon a static lateral force analysIs For structures three stones or less, the report shall be based upon a static lateral load analYSIS The report shall demonstrate whether the structure conforms to the Earthquake Design prOVIsions contained In AppendiX 8 of the Umform Code for BUilding Conservation, 2000 Edltron or the BUIlding Code In effect at the time the report IS submitted to the City If the report concludes the structure does not comply With either of these standards, the structure shall be strengthened to comply With the standards Within the time periods shown In Table 8 80-A below 188 Table 8.80-A Building Time Limits for Owner Type Fde for Permit! Commence Complete Submit Plans Construction Construction I 60 days from date of 150 days from date of 1 year from date of englneenng report englneenng report englneenng report submittal submittal su bmlttal II 180 days from date of 270 days from date of 3 years from date of engineering report engineering report engineering report submIttal submittal submittal III 1'Y:z years from date of 1 year 8 months from 3 years from date of englneenng report date of engineering englneenng report submIttal report submittal submIttal IV 2 years 5 months from 2 years 8 months from 4 years from date of date of englneenng date of engmeenng engmeenng report report submittal report submittal submittal 8.80.070 Administration. (a) Building Classification. The BUilding OffIcer shall determine the occupant load and clasSification of bUilding type The occupant load shall be determined In accordance with the BUilding Code and shall Include the entire bUilding plus the occupant load of any adjacent bUlldmg that Interconnects wIth the subject bUilding or uses the subject bUilding for eXltmg purposes (b) Contents of Order. When the BUilding Officer determines that a bUlldmg IS wIthin the scope of this Chapter, the BUlldmg Officer shall Issue an order as provided herein The order shall specify that the bUilding has been determIned by the BUlldmg OffIcer to be within the scope of thiS Chapter and, therefore, IS 189 required to meet the seismic strengthening provISions of thIs Chapter The order shall specify the BUlldmg Type clasSification and shall set forth the owner's alternatives and time limits for compliance (c) Service of Order. The order shall be In wntlng and may be given either by personal delivery thereof to the owner or by deposit In the Umted States mall In a sealed envelope, postage prepaid, addressed to the owner as shown on the last equalized assessment roll Service by mall shall be deemed to have been completed at the time of deposit In the U S mall The failure of any owner to receive such notice shall not affect in any manner the validity of any of the proceedings taken thereunder Proof of giving notice may be made by an affidaVit of any employee of the City which shows service In conformity WIth thiS Section BUilding and Safety Commission action, NUisance Abatement Board action, BUilding Officer admmlstratlve actIon, other correspondence between the City and the bUlldmg owner or bUilding owner's representative, or other eVidence of knowledge of notification shall also be deemed as proof of giving notice (d) Recordation. At the time that the BUilding Officer serves the aforementioned order, the BUilding Officer shall file With the Office of the County Recorder a certificate stating that the subject bUilding IS wlthm the scope of thiS Chapter The certificate shall also state that the bUIlding owner has been ordered to structurally analyze the bUilding and to structurally alter It when the BUilding Officer determines the bUilding IS not In compliance With 190 this Chapter If the bUlldmg IS either demolished, found not to be wlthm the scope ofthls Chapter, or IS structurally capable of reslstmg minimum seismiC forces required by this Chapter as a result of structural alterations or an analysIs, the BUilding OffIcer shall file with the Office of the County Recorder a certificate termmatlng the status of the subject bUIlding as being classified within the scope of thiS Chapter 8.80.080 Strengthening Provisions. (a) Essential and Hazardous Facilities. Essential and hazardous facIlities, shall be strengthened to meet the requirements of the BUlldmg Code of the CIty of Santa MOnica for new bUildings of the same occupancy category (b) All Other Buildings All bUlldmgs. other than essentIal or hazardous faCilities, shall be strengthened to meet the requIrements of Appendix Chapter 8 of the Umform Code of BUilding Conservation, 2000 Edition published by the International Conference of BUIlding Officers, adopted herem by reference, or the BUIlding Code The earthquake loadmg used for determination of demand on elements and the structure, shall correspond to that reqUired by the BUIlding Code for new bUildings Section 21 Chapter 8 84 IS hereby added to the Santa Momca MUnicipal Code to read as follows 19] Chapter 8.84 Repair & Maintenance Code. 8.84.010 General. The purpose of thIs Chapter IS to establIsh minImum standards to regulate and encourage the proper maintenance, use, repaIr, rehabilitation, alteration, addItion and relocation of eXisting bUildings, structures and premises m orderto safeguard life, 11mb, health, property and public welfare The provIsions of this Chapter shall apply to all eXisting bUildings, structures, premises or portions thereof 8.84.020 Drainage Regulations. The roof of every bUilding and structure shall be kept waterproof, and all storm or casual water therefrom shall be properly dramed and conveyed to a street, sewer, storm dram, street gutter or other approved location All portions of a developed property including yards, areaways, courts, pools, parking and other areas shall be properly graded and drained All drams, gutters, baSins, pumps and other deVices reqUired to properly drain a property shall be mamtalned In good working order 8.84.030 Illegal Buildings, Construction and Use. Every eXisting bUilding, structure or portIon thereof, constructed Without a valid permit shall be made to conform to the provIsions of the Technical Codes or shall be demolished and removed Any use or occupancy eXisting In a bUilding Without authOrization of a bUilding permit shall be dlscontmued and removed or shall be made to conform to the 192 provIsions of the Techmcal Codes 8.84.040 Alterations, Repairs or Rehabilitation. Notwithstanding any requirements In the Technical Codes. California BUlldmg Standards Code, or State Housing Law to the contrary, the followIng shall apply Alterations, repairs or rehabilitation to an eXisting bUIlding may be of the same type of constructIon as the eXistIng bUilding or structure, provided the aggregate value of such work In anyone year does not exceed 10 percent of the replacement cost of the bUIlding, and provided further, that no hazardous conditions or substandard residential bUildings are continued or created These provIsions shall be retroactive when specifically required by thIS Code Alterations, repairs or rehabilitation In excess of 10 percent of the replacement cost of the bUild Ing or structure may be made provided all of the work conforms to thiS Code for a new bUlldmg of like area, height and occupancy In the same location and that no hazardous conditions or substandard residential bUildings are continued or created In the remaInder of the bUilding as a result of such work Whenever an eXisting bUilding or structure has been damaged, or IS In need of repairs, or the owner desires to make repairs, alterations or rehabilitation In an amount exceeding 50 percent of the replacement cost of the bUilding or structure, the entire bUilding or structure shall be made to 193 conform to all of the requirements of the Technical Codes or shall be demolished For purposes of this Section, the BUilding Officer shall determine the replacement cost of the bUJldmg or structure and may use the most current bUilding valuation table published by the InternatIonal Conference of BUIlding Officials The BUilding Officer shall also determine the fair market value of any necessary repairs and may calculate the faIr market value of repaIrs as the mean of three responsible bids from properly licensed contractors 8.84.050 Additions. An addition may be made to any eXisting bUilding If the added portion fully conforms to the Technical Codes, Building Standards Code, and State Housing Law, and If the entire bUilding, mcludlng the addition, IS Within the allowable area limit for a bUilding of like type and occupancy 8.84.060 Pool Water Clarity The re-clrculatlon and punflcatlon system of any sWimming pool, fish pond, or any other body of water shall be operated and maintaIned so as to keep the water In such pool or other body of water clean and of reasonable cia nty The following standards shall be used to define reasonable c1anty of the water In such pool, pond or body of water A paInted black dISk, 6 Inches In dIameter on a 12-lnch by 12-lnch white tile, placed at the bottom of the pool at Its deepest pOint, shall be 194 clearly vIsible from the sIdewalks around the pool from all distances up to 10 yards from such diSk, or the water shall be determined to not be of reasonable clarity SectIon 22 Chapter 8 88 IS hereby added to the Santa MOnica MUnicipal Code to read as follows Chapter 8.88 Dangerous Building Code. 8.88.010 Adoption. That certain document entitled "Uniform Code for the Abatement of Dangerous BUildings, 1997 Edition" as published by the International Conference of Building OffiCials, and referenced In Section 102 of the California BUilding Code, 1998 Edition, as amended by thiS Chapter, IS hereby adopted as the Dangerous BUildings Code of the City of Santa Monica. 8.88.020 Board of Appeals. Section 205 of the Uniform Code for the Abatement of Dangerous BUildings, 1997 Edition, IS amended to read as follows General. The NUisance Abatement Board, as established In Chapter 8 96 of Article VIII of the MUniCipal Code, shall serve as the Board of Appeals for the heanng of appeals of orders, deCISions or determinations made by the BUilding Officer relative to the application or Interpretation of thIS Code The Board shall adopt rules of procedure for conducting Its bUSiness 195 and shall render all decIsions and findings In writing to the appellant, With a duplicate copy to the BUilding Officer Appeals to the Board shall be processed In accordance With the proVIsions contained In Section 501 of the Dangerous BUildings Code Copies of all rules or regulations adopted by the Board shall be delivered to the BUilding Officer who shall make them freely accessible to the public Limitations of Authority. The NUisance Abatement Board, as the Board of Appeals, shall have no authOrity relative to Interpretations of the admmistrative provisions of the Dangerous Buildings Code nor shall the Board be empowered to waIve reqUirements of the Dangerous BUildings Code 8.88.030 Conduct of Hearing. SectIon 604-Conduct of Heanng IS amended to read as follows The conduct of heanngs shall be pursuant to Section 8 96 120 of the Santa Monica MUnicipal Code SECTION 23 Chapter 8 92 IS hereby added to the Santa Momca Municipal Code to read as follows Chapter 8.92 Housing Code. 8.92.010 Adoption Articles 1,2,3,4, and 5 of Callforma Code of Regulations, Title 25. DIVISion 1, Chapter 1, Subchapter1, which Incorporates by reference 196 Chapters 4, 5, and 6 and Sections 701 2 and 701 3 ofthat certain document entItled "Uniform Housing Code, 1997 Edition," as published by the International Conference of BUilding Officials, and amended by the State of Callforma Department of Housing and Community Development In Article 5 above, are hereby adopted, with the amendments In this Chapter, as the Housing Code of the City of Santa Monica 8.92.020 Housing Board of Appeals or Agency. (a) The NUisance Abatement Board, as established In Chapter 896 of the MunicIpal Code, shall also selVe as the Housing Board of Appeals for the abatement of substandard bUildings when the BUilding Officer or Fire Chief has Issued an order to vacate and to perform expeditiouS repair pursuant to the Housing Code (b) For all other matters subject to the HousIng Code, the BUildIng Officer shall have authonty to promulgate and or adopt administrative regulattons governing the appeal of orders, deCISions and determinations of the Building Officer 8.92.030 Substandard Buildings. Substandard bUildings shall be defined pursuant to Health and Safety Code Section 17920 3 or Its successor provIsions 8.92.040 Equivalent Abatement Procedures. The procedures for abatement of substandard bUildings contained In Chapters 888,8 92 and 896 of this Code are hereby deemed equivalent for 197 the purpose Intended under ArtIcle 6, Actions and Proceedings of the CalifornIa Code of Regulations, TItle 25, DIvIsion 1, Chapter 1, Sub-chapter 1 SECTION 24 Chapter 8 96 IS hereby added to the Santa MOnica MUnicipal Code to read as follows: Chapter 8.96 Abatement of Nuisances. 8.96.010 Purpose. (a) The Intent of this Chapter IS to provide a comprehensive mechanism for the IdentificatIon and abatement of public nUisances wlthm the City (b) The remedies provided for In this Chapter are supplemental and complementary to all of the provIsions of this Code, State law, and any law cognizable at common law or In eqUity, and nothing herein shall be read, Interpreted or construed In any manner to limit any eXisting right or power of the City to abate any and all public nUisances (c) The procedures for abatement of substandard bUildings contamed In this Chapter are hereby deemed equivalent for the purpose mtended under Article 6, Actions and ProceedIngs of the California Code of Regulations, Title 25, DIvISion 1, Chapter 1, Sub-Chapter 1 8.96.020 Application. The proVIsIons of this Chapter shall apply to all property throughout 198 the City wherem any of the conditions heremafter specified are found to eXIst, provided, however, that any condition which would constItute a violation of this Chapter but which IS duly authorized under any other City, State or Federal law, shall not constItute a violation 8.96.030 Responsibility for maintenance. Every owner, occupant, lessee or holder of any possessor Interest of real property within the City IS required to maintain such property so as not to violate the provISions of this Chapter The owner of the property shall remain liable for Violations hereof regardless of any contract or agreement With any third party regarding such property or the occupatIon ofthe property by any third party 8.96.040 Definitions. (a) The term "Chairperson" shall mean the Chairperson of the NUIsance Abatement Board, or another member of the NUIsance Abatement Board designated by the Chairperson to act on his or her behalf (b) The term "cost of abatement" shall mean the total cost Incurred by the City In connection With abating a publiC nUisance Including, but not limited to (1) any cost Incurred In removing or remedYIng a publiC nUisance, and (2) a service fee for services rendered by the City In connection With Inspection, notification, prosecution and abatement procedures authOrized by this Chapter, which fee Will be calculated based on all services rendered 199 by the CIty from Initial inspection of the property for the purpose of documenting a VIolatIOn of this Chapter until the VIolatIOn IS corrected, and (3) any expense Incurred by the City In collecting the costs enumerated In this Subsection (c) The term "person" shall mean any natural person, firm, association, club, organization, corporation, partnership, business trust, company or any other entity whIch IS recognized by law as having rights and duties (d) The term "Heanng Examiner" shall mean any person appointed by the NUisance Abatement Board to preside over an administrative heanng authorized by this Chapter (e) The term "order" shall mean the order to abate a public nUisance Issued pursuant to Section 8 96 090 of thiS Chapter (f) The term "owner" shall mean the owner of record of real property (g) The term "premises" shall mean any real property or Improvements thereon (h) The term "public nUisance" shall mean any nUIsance deSignated In Section 8 96 050 of thiS Chapter (I) The term "resolution" shall mean the resolution declanng a public nUisance Issued pursuant to Section 8 96 130 of thiS Chapter 8.96.050 Public nuisances. (a) The follOWing are hereby declared to be public nUisances 200 (1) Any bUildIng or structure which meets the definition of an unsafe bUilding or structure as provided In SectIon 102 of the California BUilding Code, or any successor provIsion, adopted pursuant to Santa MOnica MUnicipal Code Section 8 08 010 (2) Any bUilding or structure which meets the definItion of a dangerous bUilding as provided m Section 302 of the Uniform Code for the Abatement of Dangerous BUlldmgs, or any successor provIsion, adopted pursuant to Santa Momca MUnicipal Code SectIon 8 88 010 (3) Any bUilding or structure which meets the definition of a substandard bUilding as provided In SectIon 17920 3 of the Health and Safety Code, or any successor provIsion (4) Any violation of Article 9 of the Santa MOnica MUniCipal Code relating to the City's planning and zomng laws and regulations (5) Any Imminent life safety hazard which creates a present and Immediate danger to hfe, property, health or pubhc safety (b) The following may be declared to be public nUisances (1) Any condition which constitutes an attractive nUisance whether wlthm a structure or on the premises (2) Any bUilding or place which has been operated or maintained In a manner that has resulted In repeated disruptive activities including, but not limited to, disturbances of the peace, public drunkenness, dnnklng In public, harassment of passerby, sale of stolen goods, publrc unnatlon, theft, 201 assaults, battenes, acts ofvandahsm, excessive httenng,lllegal parkmg, loud nOises (particularly In late nIght or early morning hours), traffic violations, curfew violations, or police detentions and arrests (3) Any condition which renders air, food or dnnk unwholesome, unsamtary or detnmental to health (4) Any condition which poses a fire hazard (5) Any conditIon In violation of Chapter 4 04 of this Code (Ammals) (6) The keeping. storage, depOSiting or accumulation on the premises for an unreasonable penod of time of any personal property including, but not limited to, abandoned, wrecked. dismantled or Inoperative vehIcles, abandoned, wrecked, dismantled, or unseaworthy boats or vessels, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, bUilding materials, junk, rubbish, debris, dirt, sand, gravel, concrete or other similar matenals which IS within the view of persons on adjacent or nearby real property or the publIc nght-of-way and which IS detnmental to the public health, safety and general welfare However, bUilding materials being used or to be used for a project of repair or renovation for whIch a bUilding permit has been obtained may be stored for such penod oftlme as IS necessary expeditiously to complete the project (7) Every bUild Ing or place used for the purpose of unlawfully selling t serving, storing, keeping, manufactunng or giVing away any controlled substance (as defined In DIVISion 10 of the Callforma Health and Safety 202 Code) and every bUilding or place wherem or upon which those acts take place (8) Every bUlldmg or place used for the purpose of unlawfully sellmg, serving or giVing away alcoholic beverages and every bUilding or place In or upon which alcoholic beverages are unlawfully sold, served or given away (9) Every bUilding or place used for the purpose of Illegal gambling as defIned by State or local law, lewdness, or prostitution, and every bUilding or place In or upon which such actiVities are held or occur (10) Any publiC telephone or other device that transmits or receives vOice or electrOnic messages whIch IS used as an mstrumentallty for or contnbutes substantially by Its presence to any of the follOWing (A) Illegally selling or giVing away controlled substances (as defined In DIvIsion 10 ofthe California Health and Safety Code), (B) soliCitIng, agreeing to engage tn, or engagIng In any act of prostitution or other cnmlnal activity, (C) consumption of alcoholic beverages on nearby outdoor public or pnvate property except where outdoor consumption of alcoholiC beverages IS specifically authOrized pursuant to a license Issued by the Department of Alcoholic Beverage Control, (D) blockage of streets, alleys or pnvate driveways, or (E) excessive nOIse (11) Any public nUisance as defined In CIVil Code Sections 3479 and 203 3480 and Penal Code SectIons 370 and 371 or otherwise recognized In law or In equity as constituting a public nUisance 8.96.060 Enforcement. The Planning and Community Development Department shall have pnmary responsIbility for the abatement of a public nUisance under thiS Chapter 8.96.070 NUisance Abatement Board. The NUisance Abatement Board shall function as the administrative review body for the Planning and Communrty Development Department and such other diVISIons and departments of the City of Santa MOnica with responsibility for the abatement of public nUisances The Board shall consIst of the DIrector of EnvIronmental and PubliC Works Management, the Director of Planning and Community Development and a City employee to be desIgnated by the CIty Manager A member of the NUisance Abatement Board may designate an employee from his or her department as a designee The Chairperson of the NUisance Abatement Board shall be the Director ofthe Planning and Community Development Department, who shall appoint a secretary and select a staff person In his or her department to act as primary liaIson With other CIty departments and diVISions The NUisance Abatement Board shall hold regular meetings at which the BUilding Officer and representatives of the Police Department, the Fire Department, and the 204 CIty Attorney's Office shall be present, however, the failure of any City representative to attend a regular meeting shall not deprive the NUisance Abatement Board of JUriSdiction to hold and conduct the meeting NotIce of the meetings of the NUisance Abatement Board shall be sent to the Santa MOnica Rent Control Board, and the Board may inVite representatives from other City departments and divISions to attend Its meetings 8.96.080 Abatement. A public nUisance as defined In Section 896050 may be abated by the City m accordance With the provIsions set forth In this Chapter 8.96.090 Order to abate public nuisance. After Inspecting or causing to be Inspected any premises and upon determining the eXIstence of a public nUisance, the Chief of the FIre Department, the BUilding Officer or a person designated by the NUisance Abatement Board may Issue an order to abate a public nUIsance for the premises upon which the nUisance IS discovered The notice shall contam (a) The street address, or the approximate street address If no street address has been assigned, of the property upon which the nUisance eXists (b) A description of the public nUisance which eXists on the premises and a statement that the condition on the premises constitutes a publiC nUisance (c) A statement describing the actlon(s) necessary to abate the public nUisance 205 (d) A statement that the owner or owner's agent/designee IS reqUired to obtain all permits necessary to abate the public nUisance and to take all actlons and/or commence and complete all necessary work by a date specified In the order ThiS date shall be at least five days but no more than thirty days from the date of the order (e) A statement that the owner, or owner's agent/designee, must appear at a hearing conducted by the NUisance Abatement Board, or a Hearing Examiner, at a time, date and location specified In the order, which shall be at least five days but not more than thirty days from the date by which the nUisance abatement IS reqUired to be completed (f) A statement that the owner or owner's agent/designee, upon appeanng at the hearing, will be given the opportunity to present testimony and other eVidence to show cause why the alleged nUisance should not be abated by the owner or by the City (g) A statement that any mterested member of the public Will be given the opportunrty to present testimony or other eVidence regard Ing the alleged publiC nUisance at the heanng conducted by the NUisance Abatement Board or Heanng Examiner (h) A statement that If the owner voluntanly abates the nUisance In accordance With the order, the owner shall submit wntten proof of abatement to the BUilding and Safety DIVISion prior to the hearing The City Will Inspect the premises, and If the nUisance has been abated, the abatement 206 proceedmg will be discontInued (I) A statement that If a public nUisance IS found by the NUisance Abatement Board to eXIst on the property and the owner falls to abate that nUisance, the City has the authonty to undertake repairs, demolition or any other actIon required to abate the public nUisance as determmed by the NUIsance Abatement Board (]) A statement that any abatement order of the NUisance Abatement Board may Impose conditions governmg the future maintenance or operation of the premises so as to prevent the recurrence of the nUisance conditIons Violation of the conditions may Itself constitute a public nUIsance and shall establish a basIs for the suspension or revocatIon of any business license Issued for the premises pursuant to Santa MonIca MUnicipal Code Section 6 04 260 (k) A statement that the cost of abatement of the nUisance by the City may become a lien or special assessment agamst the premIses and a personal liabIlity of the owner of the premises and/or the person responsIble for creatmg, causing, committing or mamtalnmg the publiC nUisance 8.96.100 Service of order to abate public nUisance. The order, and any amended or supplemental order or notice, shall be served either by personal delivery or by certified mall, postage prepaid, return receipt requested and by regular mall to the person lIsted as the owner of the premises, based on the last equalIzed assessment roll or 207 supplemental roll, or as otherwise known to the Chief ofthe FIre Department, the BUildIng Officer, or the NUIsance Abatement Board A copy of the order shall also be mailed to any person who has made a complaint about the nUisance and has requested that he Of she be notified of any heanng conducted relatIng to the nUisance. A copy of the order shall be posted In a conspIcuous place on the parcel or premises A copy of the order may also be mailed to any mortgagees or beneficlanes undef any deed of trust of record, If appropnate, and to any other persons whom the CIty determInes to be responsible for the public nUIsance After completIon of service, a declaration of service certifyIng the time and manner of service and any receipt card or acknowledgment of the receipt of such notIce by registered mall shall be filed wIth the NUisance Abatement Board Except as otherwise provIded by law, neIther the faIlure by the City to comply with any notice provIsion nor the failure of any owner or other person to receIve such notice shall affect m any manner the validity of any of the proceedmgs taken hereunder 8.96.110 Inspection. At the end of the time penod granted for the abatement of a publIc nUIsance as set forth In the order, an Inspector from the CIty shall inspect the premises and make a determInatIon as to whether the public nUisance has been abated as reqUired by the order If the nUisance has been abated, notice shall be sent In the manner set forth In Section 8 96 100 to those 208 persons who had previously received the order stating that the hearrng has been canceled If the nuisance has not been satlsfactonly abated, a notIce Will be sent m the manner set forth In SectIon 8 96 100 to those persons who had prevIously received the order stating that the nUisance continues to eXist and that the hearing Will be held as scheduled The Inspection report, If any, Will become part of the record for the heanng ThIs notIce shall be substantially In the follOWing form NOTICE TO ABATE PUBLIC NUISANCE The owner of the property located at , Santa MonIca, California, IS hereby notifIed to appear before the NUisance Abatement Board or a Heanng Examiner at (date), (time), (location), or as soon thereafter as may be heard, and show cause, If any, why said (describe nUisance) should not be declared a nUisance and abated In the manner provided by law If abatement IS undertaken by the City of Santa MonIca, the costs of abatement shall constitute a hen on the property, may be collected by special assessment, or may become the personal lIabIlIty ofthe owner and/or person responsIble for the public nUisance 8.96.120 Conduct of hearing. (a) At the tIme set for hearrng In the order to abate publrc nUisance, the NUIsance Abatement Board, or designated Hearing Exammer, shall proceed to hear sworn testimony and receIve eVidence regarding the eXistence of a nUisance The person or persons notified to appear at the 209 hearing, or his or her or theIr agent(s) or representatlve(s), shall be gIven an opportumty to present testimony and any other eVidence about whether a public nUisance eXists, and to show cause why the alleged nUisance condItions should not be abated by the owner or by the City The Board or Hearing Examiner shall proceed with the hearing whether or not such person(s) IS (are) In attendance (b) The person or persons notifIed to appear at the hearing may also submit written eVidence ThIs eVIdence shall be considered by the NUisance Abatement Board, or Hearing Exammer, If It IS receIved one day prior to the scheduled hearing The NUIsance Abatement Board, or Hearing Examiner, shall have the discretion to consIder written eVIdence submItted on the day of, or durmg the course of, the hearing (c) DecIsions of a Hearing Exammer shall be referred to the NUisance Abatement Board for adoptIon, modIfication or rejection based solely upon the record presented to the Hearing Examiner (d) The NUisance Abatement Board or Hearing Examiner shall be empowered to compel the attendance of owners or responSible partIes or Witnesses at the hearing, to examine them under oath, and to compel them to produce all eVIdence before It as pfovlded In Section 2 32 060 of this Code (e) The hearing proceedIngs shall be recorded Additionally, any party may proVide a certified shorthand reporter to malntam a record of the 110 proceedings at the party's own expense (f) Preparation of a record of the proceedings shall be governed by California Code of CIvil Procedure Section 1094 6 (g) The secretary of the NUisance Abatement Board or the Hearing Examiner shall administer the oath or affirmation to all Individuals providing testimony (h) The NUisance Abatement Board or Hearing Examiner may grant contInuances from time to time for good cause shown The NUIsance Abatement Board may also continue the hearing on Its own motion (I) The hearing need not be conducted accordIng to technIcal rules relating to eVidence and witnesses, except as provided In thIs Section Any relevant eVIdence shall be admitted If It IS the sort of eVidence on which responsIble persons are accustomed to rely In the cond uct of serrous affairs, regardless of the eXistence of any common law or statutory rule which might make Improper the admIssion of the eVIdence over objections In cIvIl actIons Hearsay eVidence may be used for the purpose of supplementing or explaining other eVIdence but shall not be sufficient In Itself to support a findIng, unless It would be admIssIble over objection In cIvil actions or no objection was made to this use of hearsay eVIdence pnor to the close of the hearrng before the NUisance Abatement Board 8.96.130 Resolution declaring a public nuisance. (a) Upon the conclusIon of a hearrng before the NUisance Abatement 211 Board or after takIng actIon on a Hearing Officer's decIsion referred to the NUisance Abatement Board, the NUIsance Abatement Board may, by resolution, declare the eXistence of a nUisance ThiS resolutIon shall direct the owner, and/or the person responsIble for creatIng, causmg, commItting or malntammg the public nUisance, to abate the same Within not less than ten days and not more than thirty days after the date of postIng of a notIce of resolution declaring a public nUisance on the premIses pursuant to Section 8 96 140 The resolution shall also set forth any conditions Imposed upon the premises by the NUisance Abatement Board governing the future maIntenance or operatIon of the premIses so as to prevent the recurfence of the nUisance conditions (b) The NUisance Abatement Board shall dIrect the City Attorney to draft the fesolutlon, which the Chairperson of the NUisance Abatement Board shall sign or cause to be SIgned The notIce of resolutIon declarrng a public nUisance shall state that If the nUisance IS not abated WithIn the stated time penod, the NUIsance Abatement Board shall cause the nUIsance to be abated and the costs of abatement to be made a lien or speCial assessment agamst the lot or parcel of land upon which the nUIsance IS located, and to be the personal lIability of the owner and/or the person responsible for creatmg, causmg, commlttmg or maIntaining the public nUisance The notice shall Inform the owner the time period In which to seek JudICial revIew The deCISion shall be final when slg ned by the ChaIrperson and shall not bea 212 appealable to the City Councilor to any other City body or official 8.96.140 Mailing notice of resolution declaring public nuisance. WIthin five busIness days of the passage of the resolutIon declarrng a public nUisance, the NUisance Abatement Board shall mall a copy of the notIce of resolution declaring a publIC nUisance In the manner specIfied In Section 8 96 100 above to those persons who received the order A copy of thiS notIce shall also be posted In a conspIcuous place on the parcel or premises 8.96.150 Abatement. Except In emergency SItuations, the NUIsance Abatement Board shall acqu Ire Junsd Ictlon to abate a public nUisance after the NUIsance Abatement Board has held a hearing or acted upon a decIsion of the Heanng Exammer and declared the condItion of the property to be a public nUisance The owner and/or the person responsible for creating, causing, commItting or malntamlng the publIC nUisance shall be dIrected pursuant to Section 8 96 130 to abate the public nUisance The NUisance Abatement Board shall have contmulng JUriSdiction to abate the public nUisance and related or Similar public nUisances on the property In the event the nUisance has not been abated WIthin the time stated In the notice of resolution declanng a public nUIsance, the NUisance Abatement Board has the authOrity to take or direct such action as IS reasonably necessary to abate the nUisance 213 8.96.160 Extension of completion date. (a) Upon receipt of an application from the person reqUIred to comply with the ofder or resolution by a date fIxed In the order or resolution, and an agreement by such person that he/she will comply with the order or resolution If allowed additional time, the Chairperson may g rant an extension of tIme withIn whIch to complete such abatement If the ChaIrperson determines that such an extension will not create or perpetuate a Situation Imminently dangerous to life, property, health or public safety (b) An extensIon of time to abate the public nUIsance shall not In any way affect or extend the time to appeal from the resolution 8.96.170 Emergency procedures. NotwithstandIng Sections 8 96 090 through 8 96 150, whenever the conditIon giVing rise to the publIc nUisance IS an Imminent threat to life, property, health or public safety requIring Immediate action, the NUisance Abatement Board shall have ImmedIate JUriSdIction to abate a public nUisance and may be convened upon such notice as IS reasonable under the Circumstances The NUisance Abatement Board may adopt a resolution declaring a public nUisance and may order or take such action as IS necessary to ImmedIately abate the public nUisance The NUisance Abatement Board shall only pursue such remedIal actions as are reasonably necessary to elimInate the Immediacy of the hazard The costs of such abatement, to the extent that they are not part of 2]4 any regularly provided City service, shall be recoverable against the property owner and/or responsIble persons through the steps outlined In SectIon 8 96 190 8.96.180 Summary abatement of graffiti. (a) The City Council finds that proliferatIon of graffIti, especially gang-related graffiti, presents an ImmInent danger to the public safety and welfare Law enforcement officials and other experts agree that ImmedIate removal of gang-related graffIti IS necessary to reduce the rrsk of VIolent and other crrmlnal activities assocIated With gangs and gang terntorles The presence of graffIti which IS not abated Immediately encourages the creation of addItional graffiti, resultrng In neighborhood blight and Increased costs of abatement (b) The Director of Environmental and Public Works Management IS hereby authOrized to summarily abate graffitI The abatement may be undertaken by City staff or by outSide contractors (c) The Director of Environmental and Public Works Management shall prOVIde the owner of the property subject to abatement actIon under this Section WIth written notIce specifying the date that the CIty Will abate the graffIti This notice shall be mailed to the owner by certifIed mall, return receIpt requested, at least five days prror to the scheduled City abatement It shall Inform the owner that the CIty WIll not undertake the abatement If the owner notifies the CIty In wrrtlng that the owner WIll abate the graffiti by a 215 date specIfic acceptable to the CIty The cost of abatement performed by the City shall be recovered In accordance with Section 8 96 190 except the accounting requirements of Section 8 96 190(b) may be undertaken by the DIrector of EnVIronmental and Public Works Management 8.96.190 Lien, special assessment and other remedies. (a) The cost of abating a public nUisance shall either be a lien on the property, a special assessment agaInst the property, or the personal obligatIon of owner and/or the person responsIble for creating, causing, committIng or maintaining the public nUisance (b) The BUilding Officer shall keep an Itemized account of the expenses Incurred by the City In abating nUisances under the provIsions of this Chapter, IncludIng all admlmstratlve costs Upon the completion ofthe work of abatement, the NUIsance Abatement Board, or Its deSIgnee, shall prepare and fIle WIth the City Council a report specifyIng the abatement measures undertaken I the ItemIzed and total cost of the abatement, a descrrptlon of the real property on which the abatement was done, and the names and addresses of the persons entitled to notice pursuant to Section 896 100, "Service of Order to Abate Public NUisance" This report shall be verrfled by the City official In charge of the abatement work (c) The NUisance Abatement Board shall cause notice of the cost of abatement to be gIven In the same manner as a summons In a CIVIl action In accordance With Code of CIVil Procedure Sections 415 10 et seq If the 216 owner of record after dllrgent search cannot be found, the notIce may be served by posting a copy thereof In a conspIcuous place upon the property for a penod of ten days and publrcatlon thereof In a newspaper of general cIrculation published In Los Angeles County pursuant to Government Code SectIon 6062 The NUisance Abatement Board shall also cause notice ofthe heanng to be served by certifIed mall, postage prepaid, addressed to the persons entitled to notice as specified In Section 8.96.100 Such notIces shall be gIven at least ten days prior to the date set for heanng and shall specify the day, hour and place when the City Council will hear and pass upon the report of the NUisance Abatement Board The notIce shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments (d) At the time fIxed for the heanng, the City CouncIl shall hear and pass upon the report, together WIth any objections or protests whIch may be raIsed by any property owner liable to be assessed for the abatement work The protests heard by the City Council pursuant to thiS Subsection shall relate only to the charge to be made for abatement No protest shall be heard concerning the actIon of the NUisance Abatement Board In ordering the abatement of the nUisance, unless such abatement order was Issued as a result of an emergency Wntten protests may also be fIled With the City Clerk at any time pnor to the time set for the hearing on the report Each wntten protest or objectIon must contaIn the property address and the 217 grounds for such protest or objection After hearing aU oral protests and revIewing all written protests, the City Council may make such reVISIons, corrections or modificatIons to the report as It may deem Just, after WhiCh, by resolution, the report, as submitted, revised, corrected or modified, shall be confirmed The City Council may adjourn the heanngs from time to time The decIsIons of the City Council on all protests and objectIons whIch may be made shall be final and conclusive (e) Pursuant to Government Code Section 38773 1, the cost of abatement of a public nUIsance under thiS Chapter can be a lien on the property or against the owner of the property as provIded In SubsectIon (g) of thiS SectIon (f) Alternatively, pursuant to Government Code SectIon 38773 5, the cost of abatement of a public nUIsance under thIS Chapter can be a specIal assessment agaInst the property as provIded In Subsection (I) of thiS Section (g) If the cost of abatement IS not paid withIn ten days after Its confirmation by the CIty Council, the CIty may file In the Office of the County Recorder a certifIcate In substantIally the follOWing form NOTICE OF LIEN On the day of , 19 ,the City of Santa MOnica caused a public nUIsance to be abated on the real property hereinafter desCribed pursuant to an abatement order of the NUisance Abatement Board dated , 19 218 The CIty of Santa MonIca did on the day of , 19 ,by action duly recorded In Its official minutes, assess the cost of such abatement and related admInistratIve costs, and determined that the same have not been paid The CIty of Santa Momca hereby claims a lien on saId real property for the net expense of the dOIng of said work plus related administrative costs In the sum of $ , and the same shall be a lien on said property until said sum, with Interest at the rate of 7% per annum, from the day of , 19 (date of confIrmation of statement), has been paid In full and discharged of record The real property herein before mentIoned, and upon whIch a lien IS claimed, IS that certaIn piece or parcel of land lYing and being In the City of Santa MOnica, County of Los Angeles, State of Callforma, and particularly described as follows (Description of Property) Street Add ress Legal Descnptlon Parcel Numbers (Name of owner and address) Dated NAB Chairperson (h) From and after the date of recordIng the notice of lien, all persons shall be deemed to have had notice of the contents thereof If any such hen 219 IS not paid, the City may file and maintain an action to foreclose such lien or take any other action as provided by law (I) As an alternative to the procedure authorrzed In Subsection (d) of thIs Section and pursuant to Government Code Section 38773 5, the cost of abatement, If not paid within ten days after Its confirmation by the City CounCil, may constItute a speCial assessment against that parcel of property which shall be recorded as follows (1) After the City CounCil determines that the charge Will be assessed against the property, the City shall record a notice descrrblng the abatement actIon and the total costs With the County Recorder (2) After confirmation of the report prepared pursuant to Subsection (b) of thiS SectIon and recordatIon of the notIce, certified copies of the report and the CIty CounCil resolution shall be given to the County Auditor or Assessor who shall add the amount of the assessment to the next regular tax bill levied agaInst the parcel In the same manner as ordinary munIcIpal taxes (3) The amount of the assessment shall be collected at the same tIme and In the same manner as ordinary mUnicipal taxes, and shall be subject to the same penalties and procedure and sale In case of delInquency as proVIded for ordinary mUnicipal taxes All laws apphcable to the levy, collectIon and enforcement of property taxes shall be apphcable to such assessment (4) The assessment hens shall be subordInate to all eXistIng speCial 220 assessment lIens prevIously Imposed upon the same property and paramount to all other lIens except State, county and mUnicIpal taxes with which It shall be on parity The lien shall contInue until the assessment and all mterest due and payable thereon has been paId (]) The City Council may also order that the cost for the abatement be made a personal obligation of the property owner and/or the person responsible for causIng, committing or mamtammg the public nUisance The City Council shall then direct the City Attorney and the Finance Department to collect the cost of abatement (k) The City CouncIl may dIrect the City Attorney to Institute a lawsUit to collect any amounts due by reason of the abatement of a nUisance by the City and to foreclose any eXlstmg hens for such amounts Notwlthstandmg the proVISions of thiS Chapter, the CIty Attorney may bring any appropriate CIVil and crimInal action for abatement of any nUisance WithIn the CIty pursuant to any other provIsion of the law Upon entry of a second or subsequent CIVil or crlmmal Judgment WIthIn a two-year period, findIng that the owner or possessor of a property, place or area IS responsible for a conditIon that may be abated In accordance With thIS Chapter, except for conditIons abated pursuant to SectIon 17980 of the Health and Safety Code, the court may order the owner or possessor to pay treble the costs of the abatement to the City (I) All monIes recovered by payment of the charge, obligation, 221 assessment or lien shall be paid to the CIty Treasurer who shall credIt the same to the NUIsance Abatement Fund. 8.96.200 Violation. Any person, whether owner, lessee, sublessor, sublessee or occupant, who IS responsible for or who causes, permIts or malntams any conditIon subject to abatement pursuant to the provIsIons of thIs Chapter to eXist on any property, place or area wlthm the CIty, shall be deemed gUilty of a mIsdemeanor and upon conVIction thereof shall be punrshable as proVided m Section 1 08 010 of this Code 8.96.210 Nuisance Abatement Fund. The Finance Director IS authorized to establish a revolVing fund to be known as the NUisance Abatement Fund which shall be used to defray costs of admmlstratlve and Judicial abatement of public nUIsances The fund shall be reImbursed by collectIon from the property or property owner, or any responsible person, as specIfied In thiS Chapter and by the courts ThiS fund may be operated and used m conjunctIon with procedures ordered or authorized under thiS or any other abatement prOVIsion of thIS Code 8.96.220 Abandoned, wrecked, dismantled and inoperative vehicles. (a) Abandonment No person shall abandon a vehicle upon public or private property without the express or Implied consent of the owner or person m lawful possessIon or control of the property 222 (b) Procedures for Abatement of Vehicles Constituting a Public Nuisance. (1) The procedures set forth In this SectIon are hereby establIshed solely for the abatement and removal of abandoned, wrecked, dismantled or inoperative vehIcles or parts thereof (hereInafter "vehicle," "vehlcle(s)," or "vehicles") as public nUIsances from prrvate or publIc property and for the recovery of, or assumption by, the City of the costs of administration and removal of those vehicles These procedures are enacted under the authority granted by the State of CalifornIa pursuant to VehIcle Code Section 22660 (2) It IS the Intent of the City Council to proVide that the abatement of public nUisances consisting of vehicles may be carried on eIther concurrently with or separately from the abatement of other conditions, If any, constItuting a public nUIsance on any premIses within the City, as deemed appropriate under the circumstances ThIs Section shall be admInIstered by regularly salarred full-time CIty employees, except the removal of vehicles shall be by any duly authorized person (c) Notice of Intention to Abate or Remove. (1) After inspectIng or causing to be Inspected any premises, and upon determining the eXistence of a public nUIsance on the premises consistIng of vehIcles, the NUIsance Abatement Board or Director of EnVironmental and PublIc Works Management may Issue a ten-day notice of Intention to abate and remove the vehlcle(s) ("ten-day notice") The ""... ---' ten-day notice shall be Issued to both the owner of the premises upon which the vehIcle IS located, to the owner of the vehicle, and to any person who has made a complaint about the nUIsance and has requested that he or she be notifIed of any actIon taken wIth respect to the nUisance A ten-day notice need not be Issued If the property owner and the owner of the vehIcle have signed releases authorizing removal and waiving further Interest In the vehicle (2) The ten-day notice shall contain the followIng information (A) The street address and any other descriptIon reqUired to IdentIfy the premIses upon which the vehlcle(s) IS located (B) The Identity of the vehlcle(s) to be abated (C) A statement that the City has found the vehlcle(s) or parts thereof to be a public nUisance as defined In this Code (D) A descnptlon In suffIcIent detail which Informs the owner of the premises and the owner of the vehicle of the conditIons which constitute the public nUisance (E) A statement of the actIon feqUlred to be taken as determIned by the City, and that such action IS to be completed WIthin ten days after the mailing of the notice (F) A statement that the owner of the premises and the owner of the vehlcle(s) have the f1ghtto request a hearing before the NUisance Abatement Board 224 (G) A statement on the copy of the notice sent to the owner of the premises As to any vehlcle(s) listed herein, you may file with the NUisance Abatement Board a sworn wntten statement denYIng responsIbIlity for the presence on your property ofthe vehlcle(s) lIsted, together with your reasons for such denial This statement shall be construed as a request for a hearing by you which you need not attend At the hearing, your statement will be consIdered by the NUisance Abatement Board In determInIng whether the cost of removmg said vehlcle(s) will be assessed agamst your property as a lien m the event that removal of the vehlcle(s) IS undertaken by the City You need not file a sworn statement If you Intend to attend the heanng, but you may do so If you Wish The sworn statement will be considered only as to vehlcle(s) and wIll not be considered as to the eXistence of any other condition on your property whIch may be found to constitute a nUisance In this or any other proceeding. (H) A statement that failure either to take the action requIred to abate the nUisance or to request a heanng wlthm the ten-day peflod shall be deemed a waIver of such fights, and the NUisance Abatement Board may proceed to abate the nUIsance (3) The ten-day notice shall be mailed, by regIstered or certified mall, to the owner ofthe premises as shown on the last equalIzed assessment roll 225 or supplemental roll and to the last registered and legal owners of record, unless the vehIcle IS In such a condition that IdentifIcation numbers are not available to determIne ownership (4) A ten-day notice IS not req Ulred for the removal of a vehicle that IS Inoperable due to the absence of a motor, transmiSSion or wheels and Incapable of beIng towed, IS valued at less than two hundred dollars by a person specified In Vehicle Code SectIon 22855, and IS determined by the CIty to be a public nUisance presenting an Immediate threat to public health or safety, provided, that the property owner has signed a release authorrzlng removal and waivIng further Interest In the vehIcle Prror to fInal diSpositIon under VehIcle Code Section 22662 of a low-valued vehicle for which eVidence of registratIon has been recovered, the City shall provide notice to the regIstered and legal owners of Its Intent to dIspose of the vehIcle, and that If the vehIcle IS not claimed and removed within twelve days after the notice IS mailed, from a locatIon specifIed In Vehicle Code SectIon 22662, fInal diSposItion of the vehicle may proceed The CIty or CIty's contractor shall not be liable for damage caused to a vehIcle by ItS removal pursuant to this Subsection Furthermore, this Subsection (c)(4) applies only to moperable vehicles located upon a parcel that IS (1) zoned for agrrcultural use, or (2) not Improved WIth a residential structure contaInIng one or more dwellmg umts 226 (d) Public Hearing on Nuisance Abatement. (1) The owner ofthe vehicle orthe owner of the premises upon which the vehicle IS located may request that a hearing be held before the NUisance Abatement Board The request for a hearing must be received before the ten-day period stated In the notIce expires (2) Whenever the owner of the premises on whIch the vehlcles(s) IS located or the owner of the vehlcle(s) requests a hearing (hereinafter called "requesting party"), the NUisance Abatement Board shall Issue a hearing notice to the requesting party allowing that party to appear before the NUisance Abatement Board, or designated Hearing OffIcer, to show cause why the vehlcle(s) IS not a public nUisance and should not be abated by the City The hearing notice shall be served upon the requestIng party either personally or by mailing a copy of the notice by certified mall, postage prepaid, return receipt requested, not less than five calendar days prior to the hearing date (3) The procedure specifIed In Section 896 120 of this Chapter shall be utilized In conductIng a hearing requested by the owner of the premises on which the vehIcle IS located or by the owner of the vehicle (4) If at the hearing It IS determined that the vehicle was placed on the premIses Without the consent of the owner of the premises and that he or she has not subsequently acquiesced to ItS presence, the NUisance Abatement Board shall not assess the costs of administration or removal of 227 the vehlcle(s) against the property upon which the vehicle IS located or otherwise attempt to collect these costs from the owner of the premises (e) Regulations Regarding Removal of Vehicle Constituting a Public Nuisance. (1) Vehicles may be disposed of by removal to a scrap yard, automobile dismantlIng yard, or any sUitable site operated by a local agency for processing as scrap, or other final dISposItion consistent with SubsectIon (e)(3) below The City may operate such a disposal sIte when the City Council determines that commercial channels of dISpOSitIon are not available or are Inadequate, and may make final diSpOSition of such vehIcles, or the NUisance Abatement Board may transfer the vehicle to another, provided such disposal shall be only as scrap Any momes that the City receIves for the disposal of the vehIcle shall be used to offset the costs of abatement (2) The NUisance Abatement Board shall notify the Department of Motor Vehicles wlthm five days of the date of removal, Identlfymg the vehlcle(s) and submlttmg any eVIdence of regIstration available IncludIng, but not limited to, the registration card, certIficates of ownership or license plates (3) After a vehicle has been removed, It shall be unlawful to reconstruct or make the vehicle operable, unless the vehicle qualifies for either horseless carriage lIcense plates or hIstorical vehicle license plates pursuant to VehIcle Code Section 5004 (4) No CIty employee, other than a peace offIcer, or employee of a 228 sherrff's department or a City police department designated to remove vehicles pursuant to Vehicle Code SectIon 22669, may remove vehicles until that employee has mailed or personally delivered a written report Identrfymg the vehIcle and Its locatIon to the Santa MOnica Police Department (5) LIcensed dismantling or commercial enterprises acqUlrmg vehicles removed pursuant to this Section shall be excused from the reporting reqUirements of VehIcle Code SectIon 11520 and shall not pay any fees and penalties which would otherwise be due the Director of Motor Vehicles, provided, however, that a copy of the resolution or order authorlzmg diSposition of the vehicle IS retamed In the busIness records of the dlsmantler or commercIal enterprrse (f) Exceptions to this Section. ThIS Section shall not apply to a vehicle that IS completely enclosed wlthm a bUildIng In a lawful manner where It IS not vIsIble from the street or other public or pnvate property or to a vehicle that IS stored or parked m a lawful manner on private property m connection With the business of a licensed dIsmantlIng operatIon, licensed vehicle dealer or Junkyard ThiS exception shall not authOrize the mamtenance of a public or private nUisance as defined under proVISions of law other than thIS Section (g) Costs of Abating Abandoned, Wrecked, Dismantled or Inoperative Vehicles. Notwlthstandmg any other proVISIon of thIS Code, the cost of abating any nUisance created by a vehicle, mcludlng the actual tow 229 costs, and an administrative fee coverrng direct and indirect overhead, to be set by resolutIon of the City Council, IS the JOint and sevefal personal obligation of the owner of the premises and the last regIstered owner of the vehlcle(s) However, an owner of the premises who establishes lack of responsibilIty for the presence ofthe vehlcle(s) on the premIses as permitted by Subsection (d)(4), shall not be personally liable for the costs In additIon, the last regIstered owner of the vehlcle(s) who can satisfy the reqUirements of Vehicle Code Section 22524(b) shall not be personally liable for the costs of abatement The cost of abatement performed by the City shall be recovered In accordance wIth SectIon 8 96 190, except the accounting reqUirements of Section 8 96 190(b) may be undertaken by the Director of EnVIronmental and Public Works Management 8.96.230 Attorney's fees. Attorney's fees shall be awarded to the prevailing party In any action or administrative proceeding to abate a nUisance instituted by the City, If the CIty elects, at the begInning of each IndiVidual action or proceeding, to seek recovery of Its own attorney's fees If the City does not elect to recover Its attorney's fees, no party shall be entitled to seek to recover the fees In no action or admInistratIve proceeding shall an award of attorneys' fees to a prevaIling party exceed the amount of reasonable attorneys' fees Incurred by the CIty In the action or proceeding 230 SectIon 25 Chapter 8 100 IS hereby added to the Santa MonIca MUnicipal Code to read as follows Chapter 8.100 Tenant Protection During Construction. -Reserved- Section 26 Chapter 8 104 IS hereby added to the Santa MOnica Municipal Code to read as follows: Chapter 8.104 Underground Storage Tanks. 8.104.010 Findings and purpose. The City Council finds and declares as follows (a) Substances hazardous to the public health and safety, and to the enVironment, are stored pnor to use or disposal In underground locatIons In the City (b) Underground tanks used forthe storage of hazardous substances and wastes are potential sources of contamination of the ground and underlYing aquifers, and may pose other dangers to public health and the environment (c) In many cOmmUnitIes, underground storage of hazardous substances includIng, but not limited to, Industnal solvents, petroleum products, and other matenals, has resulted In undetected and uncontrolled releases of hazardous substances Into the ground These releases have contaminated public dnnklng water supplies and created a potentIal threat to the public health and to the waters of the State 231 (d) Appropriate laws are required to adequately govern the construction, maintenance, testing and use of underground tanks used for the storage of hazardous substances, or the short-term storage of hazardous wastes prior to dIsposal, for the purposes of protecting the public health and the envIronment (e) The protectIon of the public from releases of hazardous substances IS necessary for the protectIon of the public peace, health, safety, and welfare 8.104.020 Definitions. The follOWing words or phrases, as used In this Chapter, shall have the follOWing meanings (a) Automatic line leak detector means any method of leak detection, as determined In regulations adopted by the State Water Resources Control Board, which alerts the owner or operator of an underground storage tank to the presence of a leak "Automatic line leak detector" Includes, but IS not limIted to, any deVIce or mechamsm which alerts the owner or operator of an underground storage tank to the presence of a leak by restnctlng or shutting off the flow of a hazardous substance through piping, or bytnggerrng an audIble orvlsual alarm, and whIch detects leaks of three gallons or more per hour at ten pounds per square Inch line pressure within one hour (b) Board means the State Water Resources Control Board 'l~'l 4..).<. "Regional Board" means a CallforOla RegIonal Water Quality Contfol Board (c) (1) Certified Unified Program Agency or"CUPA" means the agency certifIed by the Secretary for EnvIronmental Protection to Implement the uOIfled program specifIed In Health and Safety Code Sections 25404 et seq Within a Junsdlctlon (2) Participating agency or "PAil means an agency whIch has a wntten agreement With the CUPA pursuant to Health and Safety Code SectIon 25404 3(d), and IS approved by the Secretary of the Environmental Protection Agency to Implement or enforce the uOlfled program element speCified In Health and Safety Code Section 25404(c)(3), In accordance WIth the proVIsions of Health and Safety Code SectIons 25404 1 and 25404 2 (3) Unified Program Agency or "UPA" means the CUPA, and Its partIcipating agencies, to the extent each PA has been deSignated by the CUPA pursuant to a written agreement to Implement or enforce the uOIfled program element specIfIed In Health and Safety Code Section 25404(c)(3) For purposes of thIS Chapter, the UPA's have the responsibility and authonty, to the extent proVided by thiS Chapter and Health and Safety Code Sections 25404 1 and 25404 2, to Implement and enforce only those requirements of thiS Chapter listed In Health and Safety Code Section 25404(c)(3) The UPA's also have the responsIbIlity and authonty, to the extent proVided by Chapter 6 7 and Sections 25404 1 and 25404 2 of the '")~~ ~')J Health and Safety Code, to Implement and enforce the regulations adopted to Implement the reqUirements of this Chapter and Chapter 6 7 of the Health and Safety Code, as provided In Health and Safety Code Section 25404(c)(3) If the City IS certified as a CUPA by the Secretary of the Environmental Protection Agency, the City, as the CUPA, wIll be the only local agency authorized to enforce the reqUirements of thIs Chapter and Chapter 6 7 of the Health and Safety Code, as provIded In Health and Safety Code Section 25404(c)(3), within the CIty This Section shall not be construed to limIt the authorrty or responsibilIty granted to the Board and the RegIonal Board to enforce Chapter 67 of the Health and Safety Code and the regulatIons adopted pursuant thereto (d) Department means the Department of ToxIc Substances Control (e) Facility means anyone, or combination of, underground storage tanks used by a single business entity at a single location or site (f) Federal Act means Sub-Chapter IX (commencing wIth SectIon 6991) of Chapter 82 of TItle 42 of the United States Code, as added by the Hazardous and SolId Waste Amendments of 1984 (P L 98-616), or as It may subsequently be amended or supplemented (g) Hazardous substance means all of the following lIquid and solid substances, unless the City determInes that the substance could not adversely affect the quality of the waters of the State (1) Substances on the list prepared by the DIrector of the Department 234 of Industrial Relations pursuant to Labor Code Section 6382, (2) Hazardous substances, as defined In Health and Safety Code Section 25316, (3) Any substance or matenal which IS classified by the National FIre Protection AssOcIation (NFPA) as a flammable liquid, a Class II combustible liqUId or a Class II I-A combustible liquid, (4) Any substance on the master list of hazardous substances prepared In accordance With Health and Safety Code Section 25281, (5) Any substance requIred to be disclosed under Chapter 5 16 of ArtIcle 5 of this Code relating to ToxIc Chemical DIsclosure, and (6) Any regulated substance, as defined In Subsection (2) of Section 6991 of TItle 42 of the United States Code, as that SectIon was read on January 1, 1989, or as It may subsequently be amended or supplemented (h) Local agency means the local agency authOrized, pursuant to Health and Safety Code Section 25283, to Implement Chapter 6 7 of the Health and Safety Code (I) Operator means any person In control of, or having dally responsibility for, the dally operation of an underground storage tank system (j) Owner means the owner of an underground storage tank (k) Person means an mdlvldual, trust, firm, jOint stock company, corporation, including a government corporation, partnershIp, limited liabIlity company, or aSsocIatIon "Person" also Includes any CIty, county, district, the 235 State, any department or agency thereof, or the UnIted States to the extent authorrzed by Federal law (I) Pipe means any pipelIne or system of pIpelines which IS used In connection with the storage of hazardous substances and which IS not Intended to transport hazardous substances In Interstate or Intrastate commerce or to transfer hazardous materrals In bulk to or from a marine vessel notwithstandIng the foregoing, for purposes of this Chapter, "pipe" means all parts of any pipeline or system of pipelines, used In connection With the storage of hazardous substances Including, but not lImited to, valves and other appurtenances connected to the pipe, pumping unIts, fabrrcated assemblIes assOCiated With pumpIng umts, and meterrng and delivery stations and fabrrcated assemblies therein "Pipe" does not Include any of the follOWing (1) An Interstate pipeline subject to 49 Code of Federal Regulations, Part 195, (2) An Intrastate pipeline subject to Chapter 5 5 (commencing WIth Section 51010) of Part 1 of DIvISion 1 of Title 5 of the Government Code, or (3) Unburred delivery hoses, vapor recovery hoses, and nozzles which are subject to unobstructed visual inspection for leakage (m) Primary containment means the first level of containment, such as the portion of a tank which comes Into ImmedIate contact on Its Inner surface WIth the hazardous substance beIng contained 236 (n) Product-tight means Impervious to the substance whIch IS contained, or IS to be contained, so as to pfevent the seepage of the substance from the prrmary containment To be product-tight, the tank shall not be subject to physIcal or chemIcal deterroratlon by the substance which It contains over the useful life of the tank (0) Release means any spilling, leaking, emItting, discharging, escapIng, leaching, or disposing from an underground storage tank Into or on the waters of the state, the land, or the subsurface sOils (p) Secondary containment means the level of containment external to, and separate from, the prrmary containment (q) Single-walled means constructIon wIth walls made of only one thickness of materral For the purposes of this Chapter, laminated, coated, or clad materials are conSidered single-wailed (r) Special inspectors means a professional engineer, registered pursuant to Chapter 7 (commencing with Section 6700) of DIvIsion 3 of the BUSiness and Professions Code, who IS qualified to attest, at a minimUm, to structural soundness, seismIC safety, the compatibility of construction materials With contents, cathodIC protection, and the mechanical compatibility of the structural elements of underground storage tanks (s) Storage or store means the containment, handling, or treatment of hazardous substances, either on a temporary baSIS or for a period of years "Storage" or "store" does not mean the storage of hazardous wastes 237 In an underground storage tank If the person operating the tank has been Issued a hazardous waste facIlitIes permIt by the Department pursuant to Heath and Safety Code Section 25200 or has been granted interim status under Health and Safety Code SectIon 25200 5 (t) Tank means a statIonary deVice deSIgned to contain an accumulatIon of hazardous substances which IS constructed prlmanly of non- earthen matenals (e g , wood, concrete, steel, plastic) which provides structural support (u) Tank integrity test means a test method capable of detecting an unauthonzed release from an underground storage tank consIstent with the minimum standards adopted by the Board (v) Tank tester means an IOd IVldual who performs tank Integ nty tests on underground storage tanks (w) Unauthorized release means any release or emiSSion of any hazardous substance which does not conform to the provIsions of this Chapter, unless the release IS authorized by the State Water Resources Control Board or a CalIfornia Reg lonal Water Quality Control Board pursuant to DIvIsion 7 (commencing with SectIon 13000) of the Water Code (x)(1) Underground storage tank means anyone or combination of tanks, Including pipes connected thereto, which IS used for the storage of hazardous substances and whIch IS substantially or totally beneath the surface of the ground "Underground storage tank" does not Include 238 structures such as sumps, separatofs, storm drams, catch basins, 011 field gatherrng lines, refinery pIpelines, lagoons, evaporatIon ponds, well cellars, separation sumps, lined and unlined pits, and lagoons Sumps which are a part of a momtonng system reqUired under Health and Safety Code Sections 25291 or25292 or Sections 8 104080 or 8 104 090 of this Code, and sumps or other structures defIned as underground storage tanks under the Federal Act, are not exempted by this SectIon (2) Structures IdentifIed In this Section may be regulated by the Board and any Regional Board pursuant to the Porter-Cologne Water Quality Control Act (DIVIsion 7, commencing WIth Section 13000, of the Water Code) to ensure that they do not pose a threat to water qualrty (y) Underground tank system or tank system means an underground stofage tank, connected piping, ancillary equipment, and containment system, If any (z)(1) Unified program facility means all contiguous land and structures, other appurtenances, and Improvements on the land which are subject to the reqUirements of Health and Safety Code SectIon 25404(c)(3) (2) Unified program facility permit means a permit Issued pursuant to Chapter 6 11 (commencing With SectIon 25404) of the Health and Safety Code, and which encompasses the permIttIng reqUirements of Health and Safety Code Section 25284 (3) Permit means a permit Issued pursuant to Section 8 104040 or 239 a unified program facllrty permit as defined In Subsection (z)(2) above 8.104.030 Master list of hazardous substances. Owners or operators of underground storage tanks shall use the master list of hazardous substances, or, when adopted, the revIsed master list compiled by the Department of TOXIC Substances Control, to determIne whIch underground storage tanks require permits pursuant to this Chapter Hazardous substances Included on the list may be denominated by sCIentific, common, trade, or brand names 8.104.040 Exemptions. An underground storage tank which meets all of the follOWing cntena IS exempt from the requirements of thiS Chapter (a) All extenor surfaces of the tank, Including connected piping and the floor directly beneath the tank, can be mOnitored by dIrect viewing (b) The structure In which the tank IS located IS constructed In such a manner that the structure provides for secondary containment of the contents of the tank, as determined by the City (c) The owner or operator of the underground storage tank conducts dally inspections of the tank and marntalns a log of Inspection results for review by the CIty (d) The City determines wIthout objectIon from the Board that the underground storage tank meets reqUirements which are equal to or more stnngent than those Imposed by Chapter 6 7 of the Health and Safety Code 240 8.104.050 Administration. (a) The Environmental and Public Works Management Department shall be responsible for the administration of thIs Chapter If the City IS designated as a CertIfied Unified Program Agency (CUPA), the Environmental and Public Works Management Department shall also be responsible for the administratIon of Health and Safety Code Sections 25280 et seq and the regulations adopted by the State Water Resources Control Board (b) Any deCISion ofthe EnvIronmental and PublIC Works Management Department underthls Chapter, except when It relates to a dispute overa fee or penalty assessed by the CIty as the CertIfied UnifIed Program Agency (CUPA) under the SIngle fee system, may be appealed by a permit applicant or permit holder WIthIn ten days from the date of the deCISion to an Appeals Board conslstmg of Director of the Environmental and PublJc Works Management Department, the Environmental Programs Coordinator and the Fire Chief of the FIre Department or their duly authOrized representatives The decIsion of the Appeals Board shall be rendered Within thIrty days from the conclUSion of the hearing The procedures of the Appeals Board shall, to the extent consIstent With thiS Chapter, be In conformity With the procedures for the conduct of hearings by a Hearing Examiner under Sections 6 16010 et seq of thIS Code The decIsion of the Appeals Board shall be final, subject to JudiCIal revIew pursuant to Code of CIVil Procedure 241 Section 10945 (c) DIsputes regarding fees or penalties assessed upon a unIfied program facIlity (facIlity) by the City as the CertifIed UnIfied Program Agency (CUPA) under the single fee system shall proceed as follows (1) The facIlity shall pay any applicable assessed fees and penalties prior to requesting an appeal (2) WithIn SIXty days of the date that the fees or penalty are assessed, the facilIty may request an Inspection, If necessary (3) Any facllrty requesting a refund or adjustment of applIcable fees or penalties shall submit a written applIcation for a refund or an adjustment of the fee or penalty within sixty days of the date that the fees or penalty are assessed (4) If the application for a refund or an adjustment of the fee or penalty IS demed, the facilIty can apply to the Environmental Programs Coordinator for a hearing Within sIxty days of the date of denial of the application for the refund or adjustment (5) The Environmental Programs CoordInator shall set a date for the hearrng not later than ninety days after the date of the request for the hearrng Notice ofthe date and time of the hearing shall be mailed to the last known address of the applicant not later than fifteen days prror to the date set for the hearrng The EnvIronmental Programs Coordinator may request that the facIlity produce records at the hearing 242 (6) The hearing shall be heard by an Appeals Board consisting of DIrector of the Environmental and Public Works Management Department, the Environmental Programs CoordInator, the Fire Chief of the Fire Department and the Director of the Finance Department or their duly authOrized representatives In addition, the Director of the Environmental and Public Works Department shall have the authOrity to appoint three additional members to the Appeals Board and shall serve as ChaIr of the Appeals Board The deCISIon of the Appeals Board shall be rendered Within thIrty days from the conclusIon of the hearing The procedures of the Appeals Board, to the extent consistent With thIs Chapter, shall be In conformity With the procedures for the conduct of heanngs by a Hearing Examiner under Sections 6 16 010 et seq of this Code The deCISIon of the Appeals Board shall be final, subject to Judicial review pursuant to Code of CIVil Procedure Section 1094 5 (d) All deadlines set forth In thIs Section may be extended by the Chair of the Appeals Board for good cause (e) The Director of the Environmental and Publrc Works Management Department IS empowered to adopt regulations governing the admlnrstratlon of thIs Chapter and the actIVItIes of permittees In order to Implement the proVISions of thIs Chapter, applrcable resolutIons of the City CounCIl and applicable State and Federal law The regulations adopted by the Director of the Environmental and Public Works Management Department shall be 243 considered conditions of any permit Issued pursuant to this Chapter 8.104.060 Permit. (a) (1) Except as provIded In SubsectIons (c) and (d) of thIs SectIon, no person shall own or operate an underground storage tank unless a permit for Its operation has been Issued by the City to the owner or operator of the underground storage tank, or unless a unIfied program faCIlity permit has been Issued by the City to the owner or operator of the Unified pfogram faCilIty on which the underground storage tank IS located (2) If the operator IS not the owner of the underground storage tank or umfled program faCIlity, or If the permit IS Issued to a person other than the owner or operator of the underground storage tank or umfied program facility, the permittee shall ensure that both the owner and the operator of the tank or Unified program faCIlity are proVIded wIth a copy of the permit (3) If the permit IS Issued to a person other than the operator of the underground storage tank or unIfied program facilIty, that person shall do all of the follOWIng (A) Enter Into a written agreement with the operator of the undergfound storage tank or UnifIed program faCIlity to mOnitor the tank system as set forth In the permit, (B) ProVide the operator with a copy or summary of Health and Safety Code Section 25299 In the form which the Board speCifies by regulation, (C) Notify the City of any change of operator within thIrty days of the change 244 of operator (b) The City shall prepare a form which provides for the acceptance of the obligations of a transferred permit by any person who IS to assume the ownership of an underground storage tank or unified program faCIlity from the prevIous owner and IS to be transferred the permit to operate the underground storage tank or umfled program faCIlity That person shall complete the form accepting the oblIgations ofthe permit and submit the completed form to the City within thirty days after the ownershIp ofthe underground storage tank or unified program faCIlity IS to be transfefred The CIty may review and modify, or termInate, the transfer of the permit to operate the underground storage tank or umfled program facIlity, pursuant to the criteria speCified In Health and Safety Code Section 25295(a), upon receiving the completed form (c) Any person assumIng ownership of an underground storage tank or unified program faCIlity used for the storage of hazardous substances for which a valid operatmg permIt has been Issued shall have thirty days after the date of assumption of ownership to apply for a permit pursuant to Section 8 104 060 or, If accepting a transferred permit, shall submIt to the CIty the completed form accepting the obligations of the transferred permit, as specified In Subsection (b) of thiS SectIon, on the form prepared and proVIded by the City DUring the period from the date of application until the permit IS Issued or refused, the person shall not be held to be In Violation of thiS Section (d) When In ItS Judgment It IS appropriate to do so, the CIty may Issue a 245 single permit to a person for an underground storage tank or unified program facIlity (e) Except as provIded In Section 8 104047, a permit to operate Issued by the City pUfsuant to thiS Section shall be effective for no more than fIve years ThiS SubsectIon does not apply to unIfied program facilIty permits (f) A permit may be revoked and shall not be Issued or renewed to operate an underground storage tank If the tank does not comply wIth thiS Chapter and applicable State or Federal law (g) A permIt Issued pu rsuant to thiS Section for an underground storage tank Installed on or before December 22, 1988, shall require compliance with Health and Safety Code SectIon 25292 and a permIt Issued pursuant to thIS Section for an underground storage tank Installed after December 22, 1988, shall reqUire compliance wIth Health and Safety Code SectIOn 25291 A permit Issued pursuant to thiS Section may Include a schedule of complIance, when necessary, to allow a reasonable opportunIty to comply wIth any applicable reqUirements of thIS Chapter orthe regulations adopted by the Board Implementing Chapter 6 7 ofthe Health and Safety Code, If the permit requires compliance With requIrements which are no less stnngent than any Federal, State, or local requIrements which apply to the underground storage tank on January 1, 1990 (h) A permIt Issued pursuant to thiS Section shall requIre compliance With all applicable regulations adopted by the Board pursuant to Health and Safety Code Section 25299 3 and the proVIsions of Chapter 6 7 of the Health and Safety Code (I) Except as proVided In Health and Safety Code Section 254045, the City 246 shall not Issue or renew a permit to operate an underground storage tank to any person who has not paid the fee and surcharge reqUired by Health and Safety Code SectIon 25287 (]) The owner and operator of an underground storage tank shall at all times comply WIth the terms and conditIons of any permit Issued pursuant to this Chapter 8.104.070 Tank integrity tester. (a) All tank integrity tests required by thIs Chapter shall be performed only by, or under the dIrect and personal supervision of, a tank tester With a currently valid tank testing license Issued pUfsuant to Health and Safety Code SectIon 252844 No person shall engage In the business oftank Integnty testing, or act In the capacity of a tank tester, WithIn the City, Without first obtaining a tank testing license from the Board (b) Any person proposing to conduct tank integrity testing Within the City shall apply to the Board for a tank testing license and comply With the standards set forth In the proVIsIons of the Health and Safety Code specifIed by the Board 8.104.080 Revocation or modification of permits. (a) The City may revoke or modify a permit Issued pursuant to Section 8 104 060 for cause, including, but not limIted to, any of the follOWing (1) Violation of any of the tefms or conditIons of the permit, (2) ObtaIning the permit by misrepresentation or intentional failure to fully disclose all relevant facts, (3) A change In any conditIon that requires modification or termInation of the 247 operation of the underground storage tank, as determined by the CIty (b) The City shall revoke the permit of an underground storage tank Issued pursuant to Section 8 104 060 If the owner or operator IS not In compliance with Article 3 of Chapter 6 75 of the Health and Safety Code, Sections 25299 30 et seq , on the date three months after the date on which the owner or operator of the tank fIrst becomes subject to Article 3 of Chapter 6 75 of the Health and Safety Code 8.104.090 Applications. (a) An application for a permit to operate an underground storage tank, or for renewal of the permit, shall be made by the owner or operator of the tank, or If there IS a CUPA, by the owner or operator of the umfied program faCIlity on whIch the tank IS located, on a standardIzed form prepared and proVided by the City The applIcation shall be accompanied by the appropriate fee, to be set by resolution of the City Council As a condition of any permIt to operate an underground storage tank, the permIttee shall notify the City, WithIn the period determIned by the City, of any changes In the usage of the underground storage tank. includIng the storage of new hazardous substances, changes In the mOnltorrng procedures, and If there has been any unauthOrized release from the underground storage tank, as speCified In Section 8 104 190 (b) The City shall proVide the desIgnee of the Board With copies of the completed permit applicatIons, uSing forms, an Industry standard computer-readable magnetic tape, diskettes, or any other form In a format acceptable to both the Board and the CIty 248 (c) The applIcation form shall Include. but not be limited to, requests for the followIng Information (1) A descrrptlon of the age. Size, type, locatIon, uses, and construction of the underground storage tank or tanks, (2) A list of all of the hazardous substances which are or will be stored In the underground storage tank or tanks, specifyIng the hazardous substances to be stored In each underground storage tank; (3) A descnptlon of the momtorlng program forthe underground storage tank or tanks, (4) The name and address of the person, fIrm, or corporation whIch owns the underground storage tank or tanks and, If dIfferent, the name and address of the person who operates the underground storage tank or tanks, (5) The address of the facIlity at which the underground storage tank or tanks are located, (6) The name and address of the person making the application, (7) The name and twenty-four-hour phone number of the contact person In the event of an emergency Involving the facIlity, (8) If the owner or operator of the underground storage tank or the owner or operator of the unifIed progfam facIlity on which the tank IS located IS a public agency, the applIcation shall Include the name of the supervisor of the divISion, SectIon, or office which owns or operates the tank or owns or operates the unIfied program facIlity, 249 (9) The State Board of Equalization regIstratIon number Issued to the owner of the tank pursuant to Section 50108 1 of the Revenue and Taxation Code, and (10) If applrcable, the name and address of the owner and, If dIfferent, the operator of the unrfled program facIlity on whIch the tank IS located (d) If a permittee stores In an underground storage tank or tanks a hazardous substance which IS not listed In the applrcatlon. as reqUired by Subsection (c)(2) of this Section, the permIttee shall apply for a new or amended permit wIthin thirty days after commencIng the storage of that hazardous substance 8.104.100 Fees. (a) A fee shall be paid to the City by each person who submits an application for a permit to operate an underground storage tank or to renew or amend a permIt The amount of any fee shall be established and from time to tIme amended by resolutIon of the City CouncIl (b) ThiS fee shall mclude a surcharge, as determIned by the State annually to cover the costs of the Board In carrying out Its responsibilitIes under Chapter 6 7 ofthe Health and Safety Code and the costs of the City In collecting the surcharges The CIty may retain SIX percent of any surcharge collected for costs mcurred In Its collectIon The SIX percent of the surcharge retained by the CIty IS the CIty's sole source of reImbursement for the cost of collecting the surcharge The CIty shall transmIt all remainIng surcharge revenue collected by the City to the Board wlthm forty-five days after receipt (c) Subsection (b) of thiS Section does not apply to the City's Single fee 250 system, whIch will be Implemented pursuant to Health and Safety Code Section 25404 5 upon certIfication of the City as a CUPA 8.104.110 Inspections. (a) Every underground storage tank shall be Inspected at least once every three years The purpose of the inspection shall be to determine whether the tank complies WIth the applicable requirements of this Chapter and the regulations adopted by the State Water Resources Control Board, including the deSign and construction standards of Section 8 104 140 or SectIon 8 104 150, whIchever IS applicable, whether the operator has mOnitored and tested the tank as reqUired by the permit, and whether the tank IS In a safe operating condition (b) After an InspectIon conducted pursuant to Subsection (a) of thiS Section, a complIance plan may be prepared detailing the results of the inspection and the remedial action requIred A copy of the report shall be gIven to the owner and operator Any report prepared pursuant to thIS Section shall be consolidated mto any other Inspection reports required pursuant to Chapter 6 11 (commencing WIth SectIon 25404) of the Health and Safety Code, the requIrements listed In subdiVISIon (c) of Section 25404 otthe Health and Safety Code, and the regulatIons adopted to Implement the requirements lIsted In subdIVISion (c) of Section 25404 of the Health and Safety Code The owner and operator shall comply With the compliance plan WIthIn the time perrod set forth In such plan (c) In addition to, or Instead ofthe inspections speCified In Subsection (a) of thiS Section, the City may requIre the owner to employ perrodlcally speCial 251 Inspectors to conduct an audit or assessment of the owner's facIlity to determine whether the facilIty complies with the factors specIfied In SubsectIon (a) of this Section and to prepare a specIal inspectIon report with recommendatIons concerning the safe storage of hazardous materials at the facIlity The report shall contaIn recommendations consistent with the provISIons of this Chapter, where appropnate A copy of the report shall be filed with the City at the same time the Inspector submits the report to the owner Within thirty days after receiving this report, the owner shall file wIth the City a compliance plan to Implement all recommendations contained In the report or shall demonstrate, to the satisfaction of the CIty, why these recommendations should not be Implemented The owner shall comply with the compliance plan approved by the City within the time period set forth In such plan 8.104.120 Authority to inspect location of tank systems. (a) To carry out the purposes of this Chapter and Chapters 67 and 675 of the Health and Safety Code, any duly authonzed representative of the City, the Regional Board, or the Board has the authonty speCIfied In Health and Safety Code Section 25185, with respect to any place where underground tank systems are located, or In whIch records relevant to the operation of an underground tank system are kept, and In Health and Safety Code SectIon 25185 5, wIth respect to real property which IS within two thousand feet of any place where underg round tank systems are located The authonty conferred by thiS SectIon Includes the authonty to conduct any mOnitoring or testing of an underground tank system 252 (b) To carry out the purposes of this Chapter and Chapters 67 and 6 75 of the Health and Safety Code, any authorized representative ofthe City, the Regional Board, or the Board may require the owner or operator of an underground storage tank to submit, upon request, any InformatIon relevant to compliance with this Chapter or applicable State law, to conduct mOnitoring or testing, and to report the results of that mOnltonng or testing under penalty of perjury The burden of the mOnitoring, testing, and reporting, includIng costs, shall bear a reasonable relationship to the need for the monrtorlng, testing, and reporting 8.104.130 Trade secrets. (a) "Trade secrets," as used In this Chapter, Includes, but IS not limited to, any formula, plan, pattern, process, tool, mechamsm, compound, procedure, prod uctlon data, or compilation of InformatIon which IS not patented, whIch IS known only to certain IndIvIduals within a commercIal concern who are uSing It to fabricate, produce, or compound an article oftrade or a service havmg commercial value, and which gives ItS user an opportunrty to obtain a business advantage over competitors who do not know or use It (b) The Board or the City may dIsclose trade secrets received by the Board or the City pursuant to thiS Chapter or ArtIcle 6 7 of the Health and Safety Code to authOrized representatIves or other governmental agencies only In connection With the Board's or the City'S responSibilitIes pursuant to thiS Chapter or ArtIcle 6 70fthe Health and Safety Code The Board and the City shall establish procedures to ensure that these trade secrets are utIlized only In connectIon With these 253 responsIbilIties and are not otherwise dIsseminated without the consent of the person who provIded the Information to the Board or the CIty (c) Any person providing information pursuant to Health and Safety Code Section 25286 and Section 8 104 060 of this Code shall, at the time of Its submIssion, IdentIfy all information whIch the person believes to be a trade secret Any rnformatlon or record not IdentifIed as a trade secret IS available to the publJc, unless exempted from disclosure by other provIsions of law (d) Where the CIty, by ordinance, provides an alternative to the IJstlng of a substance whIch IS a trade secret, the person storrng that substance shall provide the Identification of the material directly to the Board pursuant to this SectIon 8.104.140 Standards for new underground storage tanks. Every underground storage tank Installed after January 1, 1984, shall meet all of the follOWing reqUirements (a) The underground storage tank shall be deSIgned and constructed to provide prrmary and secondary levels of containment of the hazardous substances stored In them In accordance With the follOWing performance standards (1) Prrmary contaInment shall be product-tIght (2) Secondary containment shall be constructed to prevent structural weakening as a result of contact With any released hazardous substances, and also shall be capable of storrng the hazardous substances for the maximum anticipated perrod of tIme necessary for the storing of any released hazardous substance (3) In the case of any installation With one primary container, the secondary 254 container shall be large enough to contaIn at least one hundred percent of the volume of the pnmary tank (4) In the case of multIple pnmary tanks, the secondary container shall be large enough to contaIn one hundred fifty percent of the volume of the largest primary tank placed In It, or ten percent of the aggregate Internal volume of all primary tanks, whichever IS greater (5) If the faCIlity IS open to rainfall, the secondary container shall be able to additionally accommodate the volume of a twenty-four-hour raInfall as determIned by a one-hundred-year storm history (6) Single-wailed containers do not fulfIll the reqUirement of an underground storage tank proVIdIng both a primary and a secondary containment However, an underground storage tank WIth a pnmary container constructed With a double complete shell shall be deemed to have met the reqUirements for primary and secondary containment set forth In this Sectlon If the outer shell IS constructed primarily of non-earthen materials, Includmg, but not limIted to, concrete, steel, and plastic, whIch proVIde structural support, a contInuous lead detection system IS capable of detecting the entry of hazardous substances from the Inner container mto the space, and the system IS capable of detectIng water intrusion Into the space from the outer shell (7) Underground storage tanks for motor vehIcle fuels Installed before January 1, 1997, may be deSIgned and constructed In accordance With thIS Subsection In lieu ofthe reqUirements of SubsectIons (a)(1) to (a)(6) ofthls SectIon, 255 InclUSive, If all of the follOWing conditions eXist (A) The prrmary containment construction IS of glass fiber reinforced plastic, cathodically protected steel, or steel clad with glass fiber reinforced plastic, (B) Any alternative primary containment IS Installed In conjunctIon wIth a system that Will Intercept and direct a leak from any part of the underground storage tank to a mOnltormg well to detect any release of motor vehicle fuels, (C) The system IS deSigned to provide early leak detection and response, and to protect the groundwater from releases, (O) The mOnitoring IS In accordance wIth the alternative method IdentifIed In Health and Safety Code SectIon 25292(b)(4) This Subsection does not apply to tanks designed, constructed, and monrtored In accordance with Subsection (a){6) of th IS SectIon, (E) Pressurized piping systems connected to tanks used for the storage of motor vehicle fuels and mOnitored In accordance with Health and Safety Code Section 25292(b)(4) also meet the conditions of this subdivIsion If the tank meets the conditIons of Subsections (a)(7)(A) to (a)(7)(0) of this Section, InclUSive However, any pipe connected to an underground storage tank Installed after July 1, 1987, shall be equipped With secondary contaInment which complies With Subsections (a)(1) to (a)(6) of thIs Section, Inclusive (b) The underground storage tank shall be deSIgned and constructed With a monrtorrng system capable of detectIng the entry of the hazardous substance stored In the prrmary containment Into the secondary contaInment If water could 256 Intrude Into the secondary containment, a means of mOnitoring for water IntrusIon and for safely removing the water shall also be provided (c) The underground storage tankshall contain a means of overfill protectIon for any primary tank, Including an overfill preventIon device or an attentIon-getting h Ig her level alarm I or both (d) If different substances are stored In the same tank and In combination may cause a fire, an explOSion, or the production offlammable, tOXIC, or pOisonous gas, or the deterioration of a prrmary or secondary contaIner, then they shall be separated In both the prrmary and secondary containment so as to aVOId potential intermIxing (e) If water could enter Into the secondary containment by precipitation or infIltration, the faCIlity shall contain a means of removIng the water by the owner or operator This removal system shall also prevent uncontrolled removal of this water and provide for a means of analYZing the removed water for hazardous substance contamination and a means of disposing of the water, If so contammated, at an authorrzed dIsposal faclhty (f) Underground pfessurrzed pIping that conveys a hazardous substance shall be equipped With an automatic line leak detector and shall be tightness-tested annually (g) Before the underground storage tank IS covered, enclosed, or placed In use, the standard Installation testing for requirements for underground storage systems speCIfied In SectIon 2-7 of the Flammable and Combustible LiqUIds Code, 257 adopted by the National Fire Protection AssocIation (NFPA 30), as amended and publIshed In the respective edItion of the Uniform Fife Code, shall be followed (h) Before the underground storage tank IS placed m service, the underground storage systems shall be tested m operatmg condition usmg a pfeclslon test as defined In National Fire Protection Association Pamphlet 329, "Recommended Practice for Handling Underground Leakage of Flammable and Combustible LiqUids," as amended, for provmg the Integrity of an underground storage tank (I) If the underground storage tank IS designed to maintain a water level In the secondary containment, the tank shall be eqUIpped With a safe method of removmg any excess water to a holding facIlity and the owner or operator shall Inspect the holding facIlity monthly for the presence of excess water overflow If excess water IS present In the holding facIlity. the permit holder shall provide a means to analyze the water for hazardous substance contamInatIon and a means to dIspose of the water, If so contamInated, at an authOrized disposal facIlity (j) The standards reqUired by the City under this Section shall at no time be less than the standards reqUired pursuant to Health and Safety Code SectIon 25291 8.104.150 Standards for existing underground storage tanks. For every underground storage tank Installed on or before January 1, 1984, and used for the storage of hazardous substances, all of the following actIons shall be taken 258 (a) On or before July 1, 1985, the owner shall outfit the facIlity with a mOnitoring system capable of detectmg unauthOrized releases of any hazardous substances stored In the facIlity, based on matenals stored and the type of mOnitoring Installed (b) Provide a means of Visual inspectIon of the tank, wherever practIcal, for the purpose of the momtorlng reqUIred by SubsectIon (a) ofthls Section Alternative methods of mOnltonng the tank on a monthly, or more frequent basIs, may be reqUired by the EnvIronmental and Public Works Management Department (c) The Environmental and Public Works Management Department shall develop regulatIons specifying mOnitoring alternatIves The City, or any other publIc agency speCified by the CIty, shall approve the locatIon and number of wells, the depth of wells, and the sampling frequency, pursuant to these regulations (d) (1) All eXistIng underground pressurized piping shall be eqUipped With an automatic line leak detector on or before December 22, 1990, and shall be retrofitted With secondary contaInment on or before December 22, 1998 Underground pressurized plpmg shall be tightness-tested annually (2) Subsection (d)(1) of thIs Section does not apply to eXisting pressurized piping containing motor vehicle fuel, If the pIpeline IS constructed of glass fIber reinforced plastic, cathodIcally protected steel, or steel clad With glass fiber reinforced plastIc, IS eqUipped WIth an automatic line leak detector, and IS tlghtness- tested annually (e) The standards reqUired by the City under thIs Section shall at no time be 259 less than the standards reqUIred under Health and Safety Code Section 25292 8.104.160 Underground tank systems. All underground tank systems shall meet the following operatIonal requirements (a) The underground tank system shall be operated to prevent unauthorized releases, Including spills and overfills, during the operating life of the tank, Includmg dUring gauging, sampling, and testing for the integrity of the tank (b) Where equIpped WIth cathodIc protectIon, the underground tank system shall be operated by a person With sufficient tralnrng and experience In preventing corrosion (c) The underground tank system shall be structurally sound at the tIme of upgrade or repair 8.104.170 EVidence of financial responsibility. (a) All owners and operators of an underground tank system shall maintaIn eVidence offlnanclal responsibility for takIng correctIve actIon and for compensatmg third parties for bodily injury and property damage caused by a release from the underground tank system, In accordance WIth regulations adopted by the Board pursuant to Health and Safety Code Section 25299 3 (b) If the owner and the operator are separate persons, either the owner or the operator shall demonstrate complIance WIth subsection (a) of thlsSectlon (c) An owner may comply With thiS Chapter by entering Into an agreement With the operator of the tank requlflng the operator to demonstrate compliance With 260 SubsectIon (a) of this Section However, both the owner and the operator are In vIolatIon of Subsection (a) ofthls SectIon If eVidence of financial responslbllrty IS not established and maintained In accordance with thIs Chapter 8.104.180 Monitoring. (a) The operator of the underground tank or underground tank system shall monItor the underground tank or underground tank system uSing the method speCIfied on the permit for the underground tank or underground tank system Records of mOnitoring, testing, upgrading, repalrrng and closure shall be kept m sufficient detail to enable the CIty to determine that the operator has undertaken all mOnltorrng activities requIred by the permit to operate and IS In compliance wIth this Chapter and the regulatIons adopted by the State Water Resources Control Board (b) If the operator IS not the owner, the owner shall proVide a copy of the pefmlt to the operator, enter Into a wrrtten contract with the operator whIch reqUires the operator to momtor the tank as set forth In the permit, and prOVide the operator wIth a copy of this Chapter The owner shall notIfy the CIty of any change of operator 8.104.190 Unauthorized release. (a) Any unauthorrzed release from the prrmary containment which the operator IS able to clean up Within eIght hours after the release was detected or should have been detected, and which does not escape from the secondary containment, does not Increase the hazard of fire or explOSion and does not cause any detenoratlon of the secondary containment of the undergfound stofage tank, 261 shall be recorded on the operator's monrtorlng reports (b) Any unauthorrzed release which escapes from the secondary contaInment, or from the primary containment If no secondary containment eXists, whIch Increases the hazard of fIre or explosion, or causes any deterioration of the secondary containment of the underground tank or causes contamInation of sOIl or groundwater, shall be reported by the operator to the City wIthin twenty-four hours after the release has been detected or should have been detected A full wntten report shall be transmitted by the owner or operator of the underground storage tanks withIn five working days of the occurrence of the release The report shall descnbe the nature and volume of the unauthorized release, any Investigative actions whIch will be needed to clean up the unauthorized release and abate the effects of the release and a tIme schedule for ImplementIng these actIons (c) The CIty shall review the permit whenever there has been an unauthorized release or whenever It determines that the underground storage tank IS unsafe In determining whether to modrfy or termInate the permIt, the City shall consider the age of the tank, the methods of containment, the methods of monrtorlng, the feasIbIlity of any req U1red repairs, the concentration ofthe hazardous substances stored In the tank, the seventy of potential unauthorized releases, and the sUitability of any other long-term preventive measures which would meet the requirements of this Chapter (d) The reporting requIrements Imposed by thIs SectIon are In addItion to any requIrements which may be Imposed by SectIons 13271 and 13272 of the 262 Water Code (e) For purposes of this Chapter, an unauthorized release Includes, but IS not limited to, a spIll or overfill of a hazardous substance that meets both of the followIng conditIons (1) The spill or overfill occurs while the hazardous substance IS being placed In an underground storage tank, (2) The spill or overfill IS due to the use of Improper equipment, faulty equipment, operatof error, inattentIOn or overfilling (f) A person who causes an unauthOrized release of a hazardous substance specIfied In SubsectIon (e) of this Section shall Immediately notify the operator of the underground storage tank that a spIll has occurred and the operator shall comply with the reqUirements of Health and Safety Code Sections 25294 or 25295, whichever IS applicable 8.104.200 Authority to remedy effects of an remove hazardous substance release The City may request the following agencIes to utilize that agencyts authority to remedy the effects of, and remove, any hazardous substance which has been released from an underground storage tank (a) The Department may take actIOn pursuant to Chapter 68 (commencing wIth SectIon 25300) of the Health and Safety Code and, for this purpose, any unauthOrized release shall be deemed a release as defined In Health and Safety Code Section 25320 263 (b) The Regional Water Quality Control Board may take action pursuant to DIvision 7 (commencing with Section 13000) of the Water Code and, for this pUfpose, the discharged hazardous substance shall be deemed a waste as defined In Water Code Section 13050(d) 8.104.210 Immunity from liability. Ifthe City performs, or causes to be performed, any cleanup, abatement, or other action necessary to remedy the effects of a release of hazardous substances from an underground storage tank, the City shall be Immune from liability for thIs actIon to the same extent as the Board or Regional Board IS Immune If the Board or Regional Board had performed the cleanup, abatement, or other action 8.104.220 Abandonment. (a) No person shall abandon an underground storage tank, or Unified program faCIlity or close or temporarrly cease operatIng an underground storage tank, or unrfled program faCIlity, except as proVided In this Section (b) An underground storage tank or unIfied program faCIlity which IS temporarily taken out of service, but whIch the operator Intends to return to use, shall contInue to be subject to all the permit, inSpection, and monrtorrng requirements of this Chapter and all applicable regulatIons adopted by the Board pursuant to Health and Safety Code Section 25299 3, unless the operator complies With the proVISions of SubsectIon (c) of this SectIon for the perrod of time the underground tank or Unified program faCIlity IS not In use (c) No person shall close an underground storage tank or UnifIed program 264 facIlity unless the person undertakes all of the following actions (1) Demonstrates that all residual amounts of the hazardous substance or hazardous substances which were stored In the underground storage tank pnor to Its closure have been removed, properly disposed of, and neutralized, (2) Removes the underground storage tank In Its entIrety from the ground, or upon approval by the City, adequately seals the tank to mInimIze any threat to the public safety and the possibilIty of water IntrUSion Into, or runoff from, the underground storage tank, (3) ProVIdes for, and carnes out, the maintenance of the underground storage tank as the CIty determines IS necessary for the penod of time the CIty requires, (4) Demonstrates to the satIsfaction of the City that an investigation has been undertaken which reasonably concludes that there has been no signIficant sOil contamInation resu ltlng from a release from the underground storage tank or unIfied program facilIty, and (5) Demonstrates to the CIty that the site has been investigated to determIne If there are any present, or have been any past, releases, and If so, that the appropriate corrective or remedial actIons have been taken 8.104.230 Analysis required to be performed by accredited laboratories. The analysIs of any matenal that IS requIred to demonstrate compliance wIth thiS Chapter shall be performed by a laboratory accredited by the Department 265 pursuant to Article 3 (commencing wIth SectIOn 100825) of Chapter 4 of Part 1 of DIvIsion 101 of the Health and Safety Code 8.104.240 Violations. (a) No operator of an underground storage tank shall do any of the following (1) Operate an underground storage tank for which a permit has not been Issued, (2) Fall to abIde by the requirements of the permIt Issued for the operation of the underground tank system, (3) Fall to permit Inspection or perform any monItoring, testing, or reporting as reqUired by the permIt, thIS Chapter and Health and Safety Code SectIons 25288 and 25289, (4) Fall to maintaIn records as requIred by Section 8 104090, (5) Fall to report an unauthorrzed release as requIred by Section 8 104 190, (6) Fall to properly close an underground storage tank as required by Section 8 104 120, (7) Make any false statement, representatIon, or certification In any application, record, report, or other document submitted or reqUired to be maintained pursuant to thiS Chapter and Chapter 6 7 of the Health and Safety Code, or (8) Fall to comply With any other provIsIon of thiS Chapter or the regulatIons Implemented thereu nder 266 (b) No owner of an underground storage tank shall do any of the following (1) Fall to obtain a permIt as specIfied by this Chapter, (2) Fall to repair or upgrade an underground tank system In accordance with the provIsions of this Chapter, (3) Abandon or Improperly close any underground tank system subject to the provIsions of this Chapter, (4) Fall to take reasonable and necessary steps to assure compliance with this Chapter by the operator of an underground tank system, (5) Fall to abide by the reqUirements of the permit Issued for the operation of the underground tank system, (6) Fall to permit inspectIon or perform any mOnitoring, testing, or reportIng as required by the permit, this Chapter, and Health and Safety Code Sections 25288 and 25289, (7) Make any false statement, representatIon, or certificatIon In any application, record, report, or other document submitted or reqUired to be maintaIned pursuant to this Chapter and Chapter 6 7 of the Health and Safety Code, or (8) Fall to comply with any other prOVISIon of thIs Chapter or the regulations Implemented thereunder (c) Any person who violates any provIsion of thiS Chapter shall be liable for CIVIl penalties as proVIded for In Health and Safety Code Section 25299 (d) Each day that an operator or owner IS In violation of any provIsion ofthls 267 Chapter shall constItute a separate vIolation 8.104.250 Accident or spill prevention plan or response plan. An owner or operator who IS reqUired to prepare an accident or spIll prevention plan or response plan pursuant to thIs Chapter may, If the owner or operator elects to do so, use the format adopted pursuant to Health and Safety Code SectIon 25503 4 8.104.260 Variance. Any permIt holder or permit applicant may apply for a variance from Section 8 104 150 or SectIon 8 104 160 The applIcatIon for a variance shall Include a descrrptlon of the proposed alternative program, method, device, or process A variance from this Chapter may be Issued If It IS found that the applicant has demonstrated by clear and convincing eVIdence that the proposed alternative will adequately protect the sOIl and the beneficial uses of water of the State from an unauthorized release 8.104.270 Scope of Chapter. (a) The degree of protection reqUired by thIs Chapter IS considered reasonable for regulatory purposes The standards set forth herein are minimal standards and nothIng In this Chapter should be construed or Imply that compliance wIth this Chapter will ensure that there will be no unauthorrzed dIscharge of hazardous substances This Chapter shall not create a duty to the owner or operator of an underground storage tank or to any thIrd person to protect such persons from any damage resultIng from an underground storage tank ThIse 268 Chapter shall not create any liability on the part of the CIty, Its City Council, boards and commiSSions, officers, agents, servants, and employees for any damages that result from relIance on thIS Chapter or any admInistrative deCISion made hereunder Any owner or operator of an underground storage tank m the City of Santa MOnica shall take approprrate action In addltron to that required by thiS Chapter and applicable provIsions of State and Federal Jaw to ensure that no damage results from the ownership or operation of an underground storage tank wlthm the City of Santa Monica (b) All of the duties Imposed upon the City, Its City CounCIl, boards and commISSions, offIcers, agents, servants, and employees under thiS Chapter reqUIre the exercise of dIscretion and Judgment Section 27 Section 704810 of the Santa MOnica MUniCipal Code IS amended to read as follows 7.04.0810 Drainage. Where development on a lot generates addItIonal dramage runoff than that previously eXlstmg, or where such development may affect the flow of water In natural dramage courses, orwlthln streets or other public rrghts of way, orwhen due to the application of these Improvement requirements, the CIty Engmeer may require reasonable drainage Improvements WIthIn the lot or rrght of way to accommodate the potential effect of such water flaw, which requirements shall 269 --~/U conform with Section 8.84.020 (drainage regulations) of the Repair and Maintenance Code. Improvement beyond the subject lot and/or other drainage improvements with the improvements required herein. SECTION 28. The adoption of the California Building Standards Code and the Santa Monica amendments to the California Building Standards Code shall be effective on July 1,1999. SECTION 29. URGENCY CLAUSE. To ensure that the Santa Monica local amendments become effective at the same time of implementation of the new California Building Standards Code on July 1,1999, the City Council finds that this Ordinance is necessary for preserving the public health and safety pursuant to City Charter Section 615 and the urgency for its adoption is set forth in the findings attached in separate resolution SECTION 30. Any provision of the Santa Monica Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 31 If any Section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining 270 portions of this Ordinance. The City Council hereby declares that itwould have passed this Ordinance, and each and every Section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 32. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause this ordinance, or a summary thereof to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall be effective immediately. APPROVED AS TO FORM: ~ MARSHAJO City Attorney 271 Adopted and approved this 8th day of June, 1999. Ken Genser, State of California ) County of Los Angeles ss. City of Santa Monica I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 1945 (CCS) had its introduction and adoption on June 8, 1999, by the following vote: Council members: McKeown, Feinstein, Bloom, Holbrook, Rosenstein, Mayor Pro Tern Genser, Mayor O'Connor None Abstain: None Absent: None ::~: Stewart: ~i~ ~~