Berkeley Municipal Code (BMC) Chapter 19.39 requires owners of wood-frame Soft, Weak, or Open Front (SWOF) buildings with five or more dwelling units, built before 1978, to seismically retrofit to a Collapse Prevention performance standard. Berkeley sits directly on the Hayward Fault and was one of the first California cities to mandate SWOF retrofits.
BMC 19.39.010 establishes the program for multi-unit wood-frame buildings with a 'soft, weak, or open front' first story (typically tuck-under parking or large storefront openings) constructed under permits issued before January 1, 1978 that contain five or more dwelling units. Owners were required to submit a building permit application for the retrofit no later than December 31, 2016, and to complete construction within two years of permit issuance per BMC 19.39.110. Engineering criteria for retrofits submitted after January 1, 2014 follow BMC 19.39.100, which adopts Appendix Chapter A4 of the International Existing Building Code (IEBC), ASCE 41-13 at the BSE-2E S-5 (Collapse Prevention) objective, or equivalent FEMA P-807 methodology. Owners must also post a city-issued earthquake warning placard at the building entrance and provide written notice of the building's hazardous condition to all tenants.
Failure to retrofit a covered SWOF building is enforced as a public nuisance under BMC Title 1 general penalties. Civil penalties run up to $5,000 per violation per day, and up to $10,000 if a violation causes injury. Continued noncompliance can also lead to vacating orders, denial of permits for other work, and recording of a notice of substandard building against the property.
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