BMC Chapter 19.38 establishes a mandatory seismic hazard mitigation program for unreinforced masonry (URM) buildings — those built before 1956 with masonry bearing walls lacking modern seismic reinforcement. Berkeley adopts Appendix Chapter 1 of the 1997 Uniform Code for Building Conservation (UCBC) as the retrofit engineering standard.
BMC 19.38.020 defines a 'potentially hazardous URM building' as a structure built under a permit issued before 1956 with masonry bearing walls containing seismic reinforcement below the prescribed minimum, that is either approved for commercial or mixed-use occupancy or contains five or more dwelling units; or a building with brick infill walls, brick veneers, or unreinforced parapets in high-pedestrian corridors. BMC 19.38.040 imposes the mandatory retrofit program, with risk classifications and compliance schedules in BMC 19.38.060. The retrofit must follow Appendix Chapter 1 of the 1997 UCBC as adopted with Berkeley amendments in BMC 19.38.130. BMC 19.38.070 obligates owners to give tenants written notice of the building's URM status and any temporary relocation rights. If a vacant URM building is reoccupied after 6+ months of vacancy, the Building Official may require immediate retrofit; refinancing the building also accelerates the compliance trigger.
URM noncompliance is treated as a public nuisance under BMC general penalties, with fines up to $5,000 per day per violation (and up to $10,000 per injury-related incident). The city can record a notice of substandard building against the parcel, withhold permits for other improvements, and in extreme cases order the building vacated.
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Side-by-side rule comparisons with other cities in Alameda County.
See how other cities in Alameda County handle unreinforced masonry.
See how Berkeley's unreinforced masonry rules stack up against other locations.
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