HomeMy WebLinkAboutMC-873
Effective: June 24, 1993
1
ORDINANCE NO. Me-873
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.12
OF THE SAN BERNARDINO MUNICIPAL CODE TO ADOPT THE UNIFORM CODE FOR
3 BUILDING CONSERVATION, 1991 EDITION, AND AMENDMENTS THEREON
TO ESTABLISH A MITIGATION PROGRAM FOR UNREINFORCED MASONRY
4 BUILDINGS, AND REPEALING RESOLUTIONS 90-117 AND 90-214.
5 WHEREAS, the City of San Bernardino is located on and to
6 the southeast of the intersection of the San Andreas and the
7 San Jacinto earthquake faults, and
8 WHEREAS, the city of San Bernardino is located within
9 seismic zone 4 as defined in Chapter 2-23 of Part 2 of Title
10 24 of the California Administrative Code, and
11 WHEREAS, section 8875.1 of the California Government Code
12 requires all cities within seismic zone 4 to identify
13 unreinforced masonry buildings, and to establish a mitigation
14 program, and
15 WHEREAS, the city has identified unreinforced masonry
16 buildings in the City of San Bernardino in an Unreinforced
17 Masonry Building Survey performed by EQE Engineering and on
18 file with the City Clerk, and
19 WHEREAS, pursuant to sections 17958 and 17922 of the
20 California Health and Safety Code, local governing bodies are
21 required to adopt Appendix Chapter 1 of the Uniform Code for
22 Building Conservation, and
23 WHEREAS, the City of San Bernardino, in an effort to
24 eliminate unsafe unreinforced masonry buildings and to reduce
25
the potential
loss of life
and
property
damage
caused by
26 a major earthquake, needs to establish a mitigation program,
27 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
28 OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
1
MC-873'
1 SECTION 1. section 15.12.010 of the San Bernardino
2 Municipal Code is hereby amended as follows:
3 "15.12.010 Adoption of Code by Reference.
4 Those standards and regulations, as set forth in Appendix
5 Chapter 1 of the Uniform Code for Building Conservation
6 of the International Conference of Building Officials, 1991
7 Edition, are hereby adopted by reference as the regulations
8 governing the seismic strengthening of unrein forced masonry
9 bearing wall buildings within the City of San Bernardino.
10 Copies of this code shall be kept on file in the city
11 Clerk's Office for inspection and reference and a copy of this
12 code shall be furnished to the Director of the Planning and
13 Building Services Department.
14 In the event of any inconsistency or conflict between the
15 above code and the requirements of other City codes or State
16 statutes, the City codes shall apply."
17 SECTION 2. section 15.12.020 of the San Bernardino
18 Municipal Code is hereby amended as follows:
19 "Section 15.12.020 Uniform Code for Building
20 Conservation, Appendix Chapter 1, section A101 amended -
21 PURPOSE
22 Sec.A101. The purpose of this Chapter is to promote
23 pUblic safety and welfare by reducing the risk of death or
24 injury that may result from the effects of earthquakes on
25 buildings with unreinforced masonry bearing walls. Such
26 buildings have been widely recognized as having sustained
27 life-hazardous damage, including partial or complete
28 collapse during past moderate to strong earthquakes.
2
Me-873
1 The provisions of this chapter are intended as minimum
2 standards for structural seismic resistance, and established
3 primarily to reduce the risk of life loss or injury.
4 Compliance with these provisions will not necessarily prevent
5 loss of life or injury, or prevent earthquake damage to
6 rehabilitated buildings.
7 This chapter provides standards for the classification
8 of buildings with unreinforced masonry bearing walls
9 based on their present or proposed use. Priorities,
10 time limits, and standards are established under which certain
11 buildings which are identified to be of unrein forced masonry
12 bearing wall construction shall be structurally analyzed and
13 anchored. Where the analysis determines deficiencies, this
14 chapter requires the building to be strengthened. Owners
15 of other buildings within the scope of this chapter may
16 voluntarily apply for approval to proceed under this chapter."
17 SECTION 3. Section 15.12.030 of the San Bernardino
18 Municipal Code is hereby amended as follows:
19 "15.12.030 Uniform Code for Building Conservation,
20 Appendix Chapter 1, Section A102. (a) amended -
21 SCOPE
22 Sec.A102(a) General. The provisions of this chapter
23 subject to the limitations of Subsections (b) and (c) shall
24 apply to existing buildings having at least one unreinforced
25 masonry bearing wall which were constructed or under
26 construction prior to July 8, 1937, or for which a building
27 permit was issued prior to July 8, 1937, or which on the
28 effective date of this ordinance have unreinforced masonry
3
MC-873.
1 bearing walls as defined herein. The provisions of this
2 chapter also apply to unreinforced masonry buildings
3 constructed prior to June 1, 1946, which at the time of their
4 construction were located outside of the City limits, and
5 which have subsequently been annexed into the City.
6 These buildings include those buildings identified in the
7 Unreinforced Masonry Building Survey dated January 31, 1990
8 conducted by EQE Engineering and on file with the City Clerk,
9 and any buildings which may be subsequently identified as
10 unreinforced masonry bearing wall buildings by the Building
11 Official.
12 EXCEPTION: The following occupancies are exempt from
13 compliance with the requirements of this chapter, provided
14 their use does not change or is not intensified.
15 1. Detached one or two-family dwellings and detached
16 apartment houses containing less than five dwelling
17 units and used solely for residential purposes.
18 2. Unoccupied warehouses or similar structures, when
19 the Building Official determines that such structures do
20 not pose a significant threat to adjacent buildings or
21 public ways.
22 SECTION 4. section 15.12.040 of the San Bernardino
23 Municipal Code is hereby amended as follows:
24 "15.12.040 Uniform Code for Building
25 Appendix Chapter 1, is hereby amended by
26 A111(cl through A111(el -
27 Sec.A111.(cl Compliance Requirements.
28 1. The owner of each building within the scope of
Conservation,
adding section
4
Me-8?3
1 this chapter shall, upon service of an order and within the
2 time limits set forth in this chapter, cause a structural
3 analysis to be made of the building by an engineer or
4 architect licensed by the state to practice as such and, if
5 the building does not comply with the earthquake standards
6 specified in this chapter, the owner shall cause it to be
7 structurally altered to conform to such standards.
8 2. The owner of a building within the scope of this
9 chapter shall comply with the requirements set forth above
10 by completing each of the required actions within the
11 corresponding time limits as specified in Table No. A-I-G.
12
13
14
15
16
17
18
19
20
21
22
TABLE NO. A-l-G
TIME LIMITS FOR COMPLIANCE***
I
1
I
months 1
II
II
1
11.5
1
years 1 2 years
1 (5 yr.)*
1
1
1
2 years 12.5 years
1(5.5 yr)*
I
3 years 14 years
1 (7 yr.) *
1
I
Commence
Construction
within:
I
1
1
I 4 years
I'
I,
1 5 years
1
4 years I 6 years
(7 yr.)*1 (9 yr.)*
1
1
1
4.5 years 1 6.5 years
(7.5 yr)*1 (9.5 yr.)*
I
6 years Is years
(9 yr.)* 1 (11 yr.)*
1
I
I
Classification
II i III
1
1 years 1 2 years
II
II
years! 3 years
1
IV
I
I
1
1
1
1
1
1
1
1
II
II
1
I
1
23
24
25
26
27
28 within the specified time limits, the time limits
Complete
Construction
within:
* If wall anchors are installed at the floor and roof diaphragms
5
in parenthesis
MC-873
1 apply to the remaining work required to complete the rehabilitation
2 of the building in conformance with the structural analysis, the
3 approved plans, and the requirements of this chapter.
4 ** If after the structural analysis is reviewed by the Building
5 Official, and if it is determined by the Building Official that it
6 demonstrates compliance with the requirements of this chapter, no
7 further action is required by the owner.
8 ***Time limits for compliance are measured from the date the order
9 is served.
10 3. Vacant Buildings. Buildings vacant or abandoned in excess
11 of 180 days shall be seismically strengthened in accordance with
12 this chapter prior to reoccupancy, but no later than the time
13 limits specified in Table No. A-I-G.
14 (d) Historical Buildings.
15 Alterations or repairs to qualified historical buildings,
16 as defined by section 18955 of the Health and Safety Code of the
17 State of California and as regulated by Sections 18950 to 18961
18 of that Code, as designated on official national, state, or
19 local historical registers or inventories shall comply with
20 the State Historical Building Code (California Code of
21 Regulations Title 24, Building Standards, Part 8), in addition
22 to this chapter.
23 (e) Administration.
24 I.Subsequent Identification of Buildings. The Building
25 Official may identify additional unreinforced masonry
26 buildings after the effective date of this ordinance which may
27 have been missed in the original survey. ATC 21, as published
28 by the Applied Technology Council, shall be used as a
6
Me-873
1 guildeline for identification.
2 Prior to adding a building to the active list, the
3 Building Official shall notify the owner of record that the
4 building has been identified as having unreinforced masonry
5 bearing walls, and afford the owner the opportunity to submit
6 documentation to the contrary.
7 2. Order - Service.
8 A. The Building Official shall issue an order as
9 provided in this section to the owner of each building
10 within the scope of this chapter. The order shall be
11 in writing and shall be served either personally
12 or by certified mail, return receipt requested, upon the
13 owner as shown on the last equalized assessment role.
14 B. Prior to or simultaneous to the service of
15 the order, a bulletin may be issued to the owner, and
16 all tenants of the building. The bulletin may contain
17 information the Building Official deems appropriate. The
18 bulletin may be issued by mail or in person.
19 3. Order - Contents.
20 The order shall specify that the building has been
21 determined by the Building Official to be within the scope
22 of this chapter and, therefore, is required to meet the
23 minimum seismic standards of this chapter. The order shall
24 specify the rating classification of the building and shall
25 be accompanied by a copy of Section Alll(c), which sets
26 forth the owner's responsibilities and time limits for
27 compliance.
28 IIIII
7
Me-8?3
1
2
4. Appeal From Order.
A. The owner of the
building
may appeal to the
3 Building Official the initial determination that the
4 building is within the scope of this chapter. Such appeal
5 shall be in writing on a form provided, and shall be
6 filed with the Director of Planning and Building Services
7 within 30 days from the service date of the order. The
8 Building Official shall schedule an informal hearing with the
9 owner within 60 days of receipt of the appeal. The Building
10 Official shall review any evidence submitted by the owner or
11 other interested parties, and the requirements of this
12 chapter. Following the hearing, the Building Official shall
13 respond to the appeal in writing within 30 days, stating his
14 decision and the grounds thereof clearly and concisely.
15 B.The owner of the building may appeal the Building
16 Official's decision to the Board of Building Commissioners.
17 Such appeal must be filed with the Board within 30 days of
18 the date of the Building Official's decision. Appeals or requests
19 for modifications from any other determinations, orders or
20 actions by the Building Official pursuant to this chapter
21 shall be made in accordance with the procedures established
22 in sections 105 and 106 of the Building Code.
23 All orders of the Board of Building commissioners
24 regarding unreinforced masonry buildings shall be final
25 unless appealed within fifteen (15) days to the Mayor and
26 Common Council pursuant to section 2.64 of the San Bernardino
27 Municipal Code.
28 IIIII
8
MC-873
1 5.Recordation.
2 At the time that the Building Official serves the
3 aforementioned order, the Building Official shall also file
4 with the Office of the County Recorder a certificate
5 stating that the subject building is within the scope of
6 this chapter and is a potentially earthquake hazardous
7 building. The certificate shall also state that the owner
8 thereof has been ordered to obtain a structural analysis
9 of the building and to structurally alter the structure
10 to bring it into compliance with this chapter.
11 If the building is either demolished, found not to be
12 within the scope of this chapter, or is structurally capable
13 of resisting minimum seismic forces required by this chapter
14 as a result of structural alterations or an analysis, the
15 Building Official shall file with the Office of the County
16 Recorder a form removing the status of the subject
17 building as being classified within the scope of this
18 chapter.
19 6. Enforcement.
20 A. Any building within the scope of this chapter which
21 does not comply with the requirements of this chapter within
22 the time limits as specified herein, is deemed to be a public
23 nuisance. If the owner in charge or control of the subject
24 building fails to comply with any order issued by the
25 Building Official pursuant to this chapter within any of
26 the time limits set forth in section All 1. (c)2 and
27 Table No. A-I-G, the Building Official shall verify that the
28 record owner of this building has been properly served. If
9
MC-873
1
2
3
4
5
6
7 B. When any order or determination by the Building
8 Official, the Board of Building Commissioners or the Mayor
9 and Common Council has been made pursuant to this chapter,
10 it is unlawful for any person to fail, to neglect or to
11 refuse to obey any such order or determination. Failure to
12 comply with such order or determination is a misdemeanor,
13 which upon conviction thereof is punishable in accordance
14 with the provisions of section 1.12.010 of this Code,
15 in addition to any other civil or administrative
16 remedies provided by law. Each day of noncompliance
17 shall constitute a separate violation.
18 C. If, after any order or determination by the Building
19 Official, the Board of Building Commissioners, or the Mayor
20 and Common Council, made pursuant to this chapter becomes
21 final, and the person to whom such order or determination is
22 directed fails, neglects or refuses to obey, the Building
23 Official shall take action to abate such public nuisance,
24 pursuant to Chapter 8.30 of this code, and to lien the subject
25 property for expenses."
26 SECTION 5. sections 15.12.050, 15.12.060, 15.12.070,
27 15.12.080, and 15.12.090 of the San Bernardino Municipal Code
28 are hereby repealed.
the order has been served on the record owner, then the
Building Official shall order the entire building to be
vacated within 30 days, and that the building remain vacated
until such order has been complied with. The owner may appeal
this order to vacate to the Board of Building Commissioners
within 15 days.
10
Me-873
1 SECTION 6.
2 repealed.
3
IIIII
4 IIIII
IIIII
5 IIIII
IIIII
6 IIIII
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Resolutions 90-117 and 90-214 are hereby
11
Me-873
1 ORDINANCE... AMENDING CHAPTER 15.12 OF THE SAN BERNARDINO MUNICIPAL
CODE, TO ADOPT THE UNIFORM CODE FOR BUILDING CONSERVATION, 1991
2 EDITION, AND AMENDMENTS THEREON, TO ESTABLISH A MITIGATION PROGRAM
FOR UNREINFORCED MASONRY BUILDINGS, AND REPEALING RESOLUTIONS 90-
3 117 AND 90-214.
4
I HEREBY CERTIFY
that the foregoing ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at an adiourned reaular meeting thereof, held on the
7 24th day of Mav , 1993, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA x
10 REILLY --L-
11 HERNANDEZ --L-
12 MAUDSLEY --L-
13 MINOR ---1L-
14 POPE-LUDLAM -L-
15 MILLER x
16
17
18
19
20
of
The foregoing ordinance
May , 1993.
~~U~
city Clerk
/"
is hereby approved~his
/7
/
day
{
21
Approved as to
22 form and legal content:
23 JAMES
City
24
"~
25
26
27
12
28