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HomeMy WebLinkAbout33- Final Reading of Ordinance 1 ORDINANCE NO. 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: 33 1 1 SECTION 1. Section 15. 12 . 010 of the San Bernardino 2 Municipal Code is hereby amended as follows: 3 1115. 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 unreinforced 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 I 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 unreinforced 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 1115. 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 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 1115.12. 040 Uniform Code for Building Conservation, 25 Appendix Chapter 1, is hereby amended by adding Section 26 A111(c) through A111(e) - 27 Sec.Alll. (c) Compliance Requirements. 28 1. The owner of each building within the scope of 4 0 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-1-G. 12 13 I TABLE NO. A-1-G , TIME LIMITS FOR COMPLIANCE*** 1 14 1Required Action classification I 15 1By Owner 1 I i II i III i IV 1 16 Submit Structur- ial Analysis ** 1 6 monthsl 1 years 1 2 years 1 4 years i 17 [Within: ]g , Submit Plans , Submit i 1 year 11.5 yearsi 3 years 1 5 years 1 19 'obtain Building 20 Permits Within: 1.5 years 2 years 1 4 years 1 6 years I 2] I I 1 (5 yr. ) * I (7 yr. ) * I (9 yr. ) * I Commence I I I I I 22 Construction ,Within: 1 2 years 12 .5 years, 4.5 yearsi 6. 5 years i 23 1 i 1( 5.5 yr) * i (7.5 yr) * I (9. 5 yr. ) * I , Complete 24 lConstruction 13 years 14 years 16 years 1 (lleyr. ) * 25 26 I I I I 27 * If wall anchors are installed at the floor and roof diaphragms 28 within the specified time limits, the time limits in parenthesis 5 0 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-1-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 1.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 Q 4 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 ����� © O 1 4 . Appeal From Order. 2 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 s I 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 Alil. (c) 2 and 27 Table No. A-1-G, the Building Official shall verify that the 28 record owner of this building has been properly served. If 9 o 1 the order has been served on the record owner, then the 2 Building Official shall order the entire building to be 3 vacated within 30 days, and that the building remain vacated 4 until such order has been complied with. The owner may appeal 5 this order to vacate to the Board of Building Commissioners 6 within 15 days. 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 2,5 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. 10 1 SECTION 6. Resolutions 90-117 and 90-214 are hereby 2 repealed. 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 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 a meeting thereof, held on the 7 day of , 1993 , by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN BA SENT 9 ESTRADA — 10 REILLY 11 HERNANDEZ — 12 MAUDSLEY — 13 MINOR — 14 POPE-LUDLAM 15 MILLER 16 17 City Clerk 18 The foregoing ordinance is hereby approved this day of , 1993 . 19 20 W. R. Holcomb, Mayor City of San Bernardino 21 Approved as to 22 form and legal content: 23 JAMES F. PENMAN, City ttorney 24 By: w 25 26 27 lz 28