This building has what is called a "soft story" condition. This term is used to describe any building that has a habitable room or rooms above a garage, carport, or porch area that was not specifically designed to transmit shear (sideways moving) forces to the story above. The failure of this kind of building with a soft story condition was the primary cause of loss of life in the Northridge Earthquake. In Santa Monica, all commercial soft story buildings have been required to have a retrofit and most of that work has been done. Los Angeles is currently drafting an ordinance to require retrofitting of all "soft story" buildings.

In California there is an earthquake hazard disclosure law requiring the seller to disclose to the buyer at the time of sale the existence of certain known earthquake hazards, such as lack of bolting, existence of cripple walls with no shear paneling, hot water heaters that are not properly strapped, etc. One of the conditions required to be disclosed as a hazard is the existence of a habitable room or rooms over a garage.

Large open areas such as carport or garage door openings do not transfer shear (sideways moving forces) unless they have an element specifically designed to transfer shear built into them, such as a ridged steel frame. Today, whenever you see a home being built where there will be a room over the garage, you always see a steel frame built first. Try to visualize two dominos standing on their small ends, opposite each other. I can load four or five bricks on the dominos with no difficulty because the dominos are strong enough to carry the load, or downward force due to the weight. But if I go to the side of my structure and apply a tiny shear force with my breath, the whole thing comes crashing down. Or imagine a shoe box bottom turned upside down with a brick on top of it. Even if I jiggle this a little, it is pretty stable. Now imagine removing one of the sides of the box. A rectangle can become a parallelogram without breaking any of the sides.

Current construction for house with rooms above garages typically have steel frames built into them at the time of construction. Steel frames can adequately transfer the shear forces to the second story. It is, of course, somewhat more difficult to install after the house has been built, but this can, and very frequently is, be done.
 
 
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