PROPOSED ORDINANCE TO REQUIRE RETROFIT OF SOFT, WEAK OR OPEN FRONT - PowerPoint PPT Presentation

1 PROPOSED ORDINANCE TO REQUIRE RETROFIT OF SOFT, WEAK OR OPEN FRONT BUILDINGS BERKELEY, JULY 25, 2013 Planning and Development, Building & Safety Division Alex Roshal, Building Official Wendy Cosin, Deputy Director of Planning Jenny McNulty, Program & Administration Manager Rent Board, Matthew Siegel, Staff Attorney Planning a safe and sustainable future for Berkeley

Presentation Overview 2  Introduce the Ordinance  Seek input from the public  Invitations sent to owners, tenants, engineers and commissioners

Soft, Weak or Open Front Buildings 3  Wood frame building  Pre-1978 buildings  Open parking or commercial spaces on lower story with large openings in lower walls  Lower story walls and columns do not provide adequate lateral resistance  Identified as potentially hazardous in the California Health and Safety Code

Soft Story Buildings 1989 Earthquake 4

Risks of SWOF Buildings in an Earthquake 5 TENANTS OWNERS  Personal injury  Property damage  Damage to  Loss of rental income possessions  Loss of housing

Phase I: Establish and Evaluate Inventory 6  Ordinance adopted in 2005 establishing an inventory of SWOF buildings with 5+ residential units  Berkeley first city to do so; other cities have used it as a model.  Required preparation of an engineering evaluation report  Analyzing ability of buildings to resist earthquake forces  Identifying weaknesses  Describing work to remedy those weaknesses  Required owners to notify tenants the building was soft story and post a sign  Did not require owners to perform retrofit

Initial 2005 Inventory 7

2005 List: 321 Wood Frame Soft Story Buildings Progress as of July 25, 2013 8 Compliance Rate = 94% Voluntarily Retrofitted = 40% 51 Removed from the list due to Calculation: 109/(321-51) reconsideration Retrofitted and removed 109 from inventory 143 Submitted engineering evaluation report Did not submit engineering 18 evaluation report

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Phase II: Mandatory Retrofit 10  The new ordinance adopts mandatory seismic retrofit requirements for soft, weak or open front buildings  161 buildings will need to comply with Phase 2  Buildings contain 1,577 residential units

Retrofitting 11  Saves lives.  Strengthens critical story to reduce likelihood of collapse.  Does not require retrofit actions above critical story.  Provides elements to resist lateral forces imposed on the building by an earthquake.  Increases possibility people will be able to get out of the building safely.  Increases value and lifespan of the building

Proposed Time Line for Completing Retrofits 12 January 1, 2014 Target date for adoption of the ordinance requiring mandatory retrofits of SWOF buildings 2014-2016 Owners have three years to submit a building permit application for seismic retrofitting 2014-2018 Retrofit shall be completed no later than two years after submittal of application for a building permit

Retrofit Cost 13  2009 study by the Berkeley Rent Board of 48 Berkeley projects showed average cost per unit $3,280  Estimated from $2,000 to $10,000 per unit in a San Francisco study

Engineering Criteria for Retrofit 14  The draft ordinance provides several options for engineering criteria for retrofits, including  The 2012 edition of the International Existing Building Code (IEBC) Appendix Chapter A-4  American Society of Civil Engineers (ASCE) 41-06, Seismic Rehabilitation of Existing Buildings  ASCE 41-13 Seismic Evaluation and Rehabilitation of Existing Buildings  FEMA P-807 Seismic Evaluation and Retrofit of Multi-unit Wood-Frame Buildings with Weak First Stories  Standards were recommended by the Structural Advisory Committee, composed of structural engineers.

Acceleration of Deadlines 15  Owners will be required to submit building permit application within 6 months and complete retrofit 18 months after application if:  Title transferred or building sold to new owner(s)  Excluding inheritance or transfer to spouse/domestic partner  Cash-out refinancing  Change of building use or occupancy  Building will be reoccupied after vacancy of 6+ months  Remodel valued at $50,000+ per unit  Building Official identifies building as unsafe

Hardship Exception 16  Extension of deadline for one year may be granted if the following is submitted and accepted:  Documentation of why exception needed  Written plan for proceeding with retrofit work  Including agreement to seek all available financing

Criteria for Review of Hardship Exception 17 • No imminent threat to life safety • Engineering Evaluation Report provided as required by Phase I • Financing unavailable or to qualify for financing, low- income tenants’ rent will be raised too much • Other exceptional circumstances

Tenant Protections 18  Most retrofit work will not require relocation.  Owners must notify tenants if relocation needed for seismic retrofit at least 90 days in advance.  Tenant may contact the Rent Stabilization Board for more information at 981-7368.  Tenant and owner may mutually agree on relocation while work is performed.  Mediation services can help both parties reach agreement.

Can Rent be Raised to Pay for Retrofits? 19  Possibly. Rent Board will decide on a case-by-case basis.  It is more likely for properties with most apartments occupied by long-term tenants in place since 1998 or earlier.  Less likely for properties with units rented after 1999.  The Rent Board is willing to consider revising the regulations once a SWOF ordinance is adopted provided increases are limited, there is a hardship provision and sitting tenants are not displaced.

Next Steps 20 July 25 th public meeting Presentations Disaster & Fire Safety Housing Advisory Rent Stabilization Planning Commission Commission Commission Board If necessary, second public meeting after students return from summer vacation Goal to have ordinance approved by City Council by December 2013

Contact and Q&A 21  Contact me with questions and comments:  Jenny McNulty, Program & Administration Manager  jmcnulty@ci.berkeley.ca.us, Tel: 510 981-7451  2120 Milvia Street, Berkeley, CA 94704  Earthquake Warning Signs available and will be mailed to Property Owners  For more information, go to: http://www.ci.berkeley.ca.us/Planning_and_Developme nt/Building_and_Safety/Soft_Story_Program.aspx  Or go to City of Berkeley’s website and do a search for soft story  Q&A