Legal Update: New Retrofit Requirements in Los Angeles Could Apply to You

According to notification on the website of the Los Angeles Department of Building and Safety, the City of Los Angeles recently passed Ordinance 183893, which requires the retrofit of pre-1978 wood-frame soft-story buildings and non-ductile concrete buildings.

What is a Retrofit?

A retrofit is an improvement to your building by altering or adding any structural elements.  Please check when your building was built, when a certificate of occupancy was issued, and the type of construction in your building.  The goal of the mandatory retrofit programs, under the ordinance is to reduce structural deficiencies and improve the performance of these buildings during earthquakes. Without proper strengthening, these vulnerable buildings may be subjected to structural failure during and/or after an earthquake.

What is a “soft-story retrofit program”?

There is a “soft-story retrofit program.”  A soft-story building is a structure which has a weaker first floor and is unable to carry the weight of the stories above during an earthquake. The first floor generally would have large openings in the perimeter walls such as garages, tuck under parking or even large windows.   From past earthquakes, multi-story buildings with weak and/or open front wall lines creating a “soft-story” (i.e. buildings with tuck-under-parking) performed poorly and collapsed. The goal of the mandatory retrofit program, under Ordinance 183893 and Ordinance 184081, is to reduce structural deficiencies by the most economical and feasible method. Without proper strengthening, these vulnerable buildings may be subjected to structural failure during and/or after an earthquake.

Is your building vulnerable?

Buildings that are most vulnerable have been identified with the following criteria:

  • Consisting of 2 or more stories wood frame construction
  • Built under building code standards enacted before January 1, 1978
  • Contains ground floor parking or other similar open floor space

The program does not apply to residential buildings with 3 or less units.  Property owners are sent an order to comply. Some notices went out in 2016, and others will be sent in 2017.   The property owner must comply with the ordinance within the following time limits:

  • From the receipt of the Order to Comply – 2 years
  • Submit proof of previous retrofit, or plans to retrofit or demolish – 3.5 years
  • Obtain permit to start construction or demolition
  • 7 years to complete construction

Please visit the City of Los Angeles Department of Building and Safety website for more information.    To be in compliance you should have a written plan in place, consider financing options to pay for the cost of retrofit, and get bids from contractors that have experience in this type of construction.

Copyright 2017 Nate Bernstein, Attorney at Law. LA Real Estate Law Group. All Rights Reserved.

The author of this article, Nate Bernstein, Esq., is the Managing Counsel of LA Real Estate Law Group, and a member of the State Bar of California and his practice concentrates in the areas of complex real estbio pic nate bernsteinate litigation, commercial litigation, employment law, and bankruptcy matters. The contact number is (818) 383-5759, and email is [email protected].  Nate Bernstein is a 22 year veteran Los Angeles real estate and business attorney and trial lawyer. Mr. Bernstein also has expertise on bankruptcy law, the federal bankruptcy court system, creditor’s rights and debtor’s bankruptcy options. He previously served as Vice President and In House trial counsel at Fidelity Title Insurance Company, a Fortune 500 company, and in house counsel at Denley Investment Management Company. Nate Bernstein created www.laquiettitleattorney.com, a leading educational resource on quiet title real estate litigation. Nate Bernstein is a local expert on real estate law and economic trends in the real estate and leasing market, business law, and bankruptcy law. Nate has personally litigated more than 40 major real estate trials, and has settled more than 200 complex real estate and business cases. 

Any statement, information, or image contained on any page of this article not a promise, representation, express warranty, or implied warranty, or guarantee about the outcome of a legal matter, and shall not be construed as being formal legal advice. All statements, information, and images are promotional. All legal matters are factually specific, laws change on a daily basis, and courts interpret laws differently. No express or implied attorney client relationship shall be inferred from any statement, information, or image contained any pages of this website. No attorney client relationship is formed until the client or the client’s representative, and the attorney signs a written retainer agreement.