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HomeMy WebLinkAbout1323Attachment 8 ORDINANCE NO. 13 2 3 (1997 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE UNIFORM CODE FOR BUILDING CONSERVATION AS ADOPTED IN TITLE 15, CHAPTER 15.04 OF THE MUNICIPAL CODE TO ESTABLISH REQUIREMENTS FOR STRENGTHENING UNREINFORCED MASONRY BUILDINGS WHEREAS, the City of San Luis Obispo contains 113 buildings of unreinforced masonry construction determined to be "potentially hazardous" during a seismic event; and WHEREAS, the City of San Luis Obispo is situated near three major earthquake faults each capable of generating earthquakes with a magnitude of 7.5, and is therefore particularly vulnerable to devastation should such an earthquake occur; and WHEREAS, the City of San Luis Obispo is located in Seismic Zone 4 and is subject to the provisions of Chapter 12.2, Division 1 of Title 2 of the Government Code, and specifically Section 8875 et seq. which requires that the City establish a mitigation program to substantially reduce the hazards associated with unreinforced masonry buildings; and WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obispo to provide citizens with the greatest degree of life safety involving buildings of unreinforced masonry construction in the most cost effective manner. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 15.04.050 of Chapter 15.04 of Title 15 of the San Luis Obispo Municipal Code is hereby modified as follows. A. Section 15.04.050 D is renumbered 15.04.050 F, Section 15.04.050 E is renumbered 15.04.050 G and new sections 15.04.050 D and 15.040 E are created as follows: D. Amend Section A103 to add the following definitions: LEVEL A STRENGTHENING of an unreinforced masonry building is compliance with the provisions of this chapter, limited to the removal of or bracing of parapets, installation of anchors between walls and roof, and installation of anchors between walls and floors. LEVEL B STRENGTHENING of an unreinforced masonry building is compliance with all provisions of this chapter. r% 1 770 Ordinance No. 1323 (1997 Series) Page 2 ROOF COVERING is any roof - covering assembly allowed by the Building Code. E. Amend Section A105 to add Section A105.4 to read as follows: A105.4 Permit Requirement. Notwithstanding any interpretation of work exempt from a permit as provided in the Uniform Administrative Code, a building permit shall be required for the installation of a new roof covering and required strengthening improvements. B. Section 15.04.050 G (renumbered) is amended as follows: G. Add new Appendix Section A115 entitled "Administrative Provisions" to read as follows: SECTION A115 - ADMINISTRATIVE PROVISIONS A115.1 Compliance Requirements. 1. The owner of each building within the scope of this chapter shall, upon service of an order, cause a structural analysis to be made of the building by an engineer or architect licensed by the state to practice as such. Said analysis shall include the preparation of a report detailing the investigation, evaluation, test data, conclusions, and recommendations to establish compliance with this chapter. If the building does not comply with seismic standards established in this chapter, the report shall specify the work and cost necessary to structurally alter the building to conform to such standards. The Building Official shall establish a basic outline for the format of the report. 2. The owner of a building within the scope of this chapter shall comply with the requirements set forth above by submitting the analysis report to the Building Official for review and acceptance within 18 months of the service of an order. 3. The owner of a building within the scope of this chapter shall structurally alter the building to conform to Level A Strengthening when roof covering is replaced or overlaid. For buildings with multiple roof levels, strengthening may be limited to the building area directly below the roof area to be covered with new roof covering. 4. The owner of a building within the scope of this chapter shall structurally alter the building to conform to Level B Strengthening when at Ordinance No. 1323 (1997 Series) Page 3 least one of the following occurs: 4.1. The value of additions, alterations, and /or maintenance repairs requiring a building permit, cumulative from March 4, 1992, exceeds 50 percent of the replacement cost of the building established by the Building Official per Section 304.2 of the Uniform Administrative Code, which may include a certified appraisal report. The cumulative value of alterations and maintenance repairs need not include reroofing, Level A Strengthening, and installation of an automatic fire sprinkler system. EXCEPTION: Buildings containing more than one tenant space if the floor area of altered tenant spaces, cumulative from March 4, 1992, does not exceed 50 percent of the total floor area of the building. 4.2. The use of the building changes to a different division of the same occupancy group or to a different occupancy group. EXCEPTION: 1. Notwithstanding the provisions of Section 3405 of the Building Code, buildings containing more than one occupancy classification need not be strengthened if the total floor area for changes in use, cumulative from March 4, 1992, does not exceed 50 percent of the floor area of the building. 2. Occupancy classification changes to Groups F, M, S and U from an equivalent category as defined in the previous editions of this code. 3. An occupancy classification change to a Group R, Division 1 Occupancy with not more than five dwelling units. 4. An occupancy classification change to a Group S Occupancy used exclusively as a warehouse with no human habitation. 4.3. Roof covering is replaced or overlaid after January 1, 2007. EXCEPTION: Buildings in compliance with Level A Strengthening prior to January 1, 2007. Ordinance No. 1323 (1997 Series) Page 4 Notwithstanding the above provisions of Section Al 15.1.4, the owner of a building within the scope of this chapter shall structurally alter the building to conform to Level B Strengthening by January 1, 2017. A115.2 Service of Notice and Order A115.2.1 General. A notice or order issued pursuant to this section shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll, and upon the person, if any, in apparent charge or control of the building. The failure of any such person to receive such notice or order shall not affect the validity of any proceedings taken under this chapter or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter. A115.2.2 Notice. The Building Official shall, within 30 days of the effective date of this chapter or determination that a building is of unreinforced masonry construction issue a notice as provided in this section to the owner of a building within the scope of this chapter. A115.2.3 Order. The Building Official shall issue an order as provided in this section to the owner of each building within the scope of this Chapter. A115.3 Content of Notice and Order A115.3.1 General. The notice or order shall be accompanied by a copy of Section Al 15. 1, which sets forth the owner's responsibilities. A115.3.2 Notice. The notice shall specify that the building has been determined by the Building Official to be within the scope of this chapter and, therefore, is subject to the minimum seismic standards of this chapter. A115.3.3 Order. The order shall direct the owner to obtain and submit to the Building Official the structural analysis required by this chapter and /or cause the building to be structurally altered to conform to the provisions of this chapter, or cause the building to be demolished. A115.4 Appeal. The owner of the building may appeal the Building Official's initial determination that the building is within the scope of this chapter to the Board of Appeals established by Section 204 of the Uniform Administrative Code. Such appeal shall be filed with the Board within 60 days from the service date of the order described in Section Al 15.3. Appeals or requests for modifications from any other determinations, Ordinance No. 1323 (1997 Series) Page 5 orders or actions by the Building Official pursuant to the chapter shall be made in accordance with the procedures established in Sections 105, 106 and 204 of the Uniform Administrative Code. Any appeal shall be decided by the Board no later than 90 days after filing and the' grounds thereof shall be stated clearly and concisely. A115.5 Recordation. At the time that the Building Official serves the aforementioned notice, the Building Official shall also file and record with the office of the county recorder a certificate stating that the subject building is within the scope of this chapter and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof will be ordered to structurally analyze the building to determine compliance with this chapter. If the building is either demolished, found not to be within the scope of this chapter, or is structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or an analysis, the Building Official shall file and record with the office of the county recorder a form terminating the status of the subject building as being classified within the scope of this chapter. At the request of an owner of a building subject to the provisions of this chapter, the building official shall file a certificate stating the level compliance with the various requirements of Section Al 15. A115.6 Enforcement. If the owner in charge or control of the subject building fails to comply with any order issued by the Building Official pursuant to this chapter within the time limit set forth in Section Al 15. 1, the Building Official shall verify that the record owner of this building has been properly served. If the order has been served on the record owner, then the following provisions apply: 1. The Building Official may order that the entire building be vacated and that the building remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated or such additional time as may have been granted by the Board of Appeals, the Building Official may order its demolition in accordance with the provisions of Section 203 of the Uniform Administrative Code. 2. Any person who violates any provision of this chapter is guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter Ordinance No. 1323 (1997 Series) Page 6 1.12 of the San Luis Obispo Municipal Code. The City may also pursue alternative civil remedies as set forth in Section 1. 12.090 of the Municipal Code. A115.7 Program Monitoring and Annual Report. During January of each year, the Building Official shall submit a report to the City Council outlining the progress to date concerning reduction of the hazards presented by the unreinforced masonry building inventory for the City. The report shall include: 1. The number of unreinforced masonry buildings strengthened, demolished, or otherwise eliminated from the inventory; 2. The number of unreinforced masonry buildings remaining on the inventory, including the status of orders issued pursuant to this Chapter that are not resolved. The annual report at five -year intervals, beginning in the year 2002, shall include the degree of accomplishment of the following goals, as well as recommendations for modification of this chapter if necessary: 1. By the year 2002, approximately 50% of all URM buildings will comply with Level A or Level B Strengthening. 2. By the year 2007, approximately 95% of all URM buildings will comply with Level A or Level B Strengthening. 3. By the year 2012, approximately 60% of all URM buildings will comply with Level B Strengthening. 4. By the year 2017, all identified URM buildings subject to this chapter will comply with Level B Strengthening. For determining compliance with the above goals, demolition of a URM building shall be considered the same as Level B Strengthening. The percentage calculation shall be based on the total inventory of confirmed URM buildings as of January 1, 1990 (126 buildings) or as modified at a later due to additional findings. SECTION 2. If any provision of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, the City of San Luis Obispo hereby declares that it would have passed each and every remaining provision irrespective of such holding in order to accomplish the intent of this ordinance. Ordinance No. 1323 (1997 Series) Page 6 ordinance. SECTION 3. A synopsis of this ordinance, approved by the City Attorney, together with the names of Council Member voting for and against, shall be published at least 5 days prior to its final passage in the Telegram Tribune, a newspaper published and circulated in said City. This ordinance shall go into effect at the expiration of 30 days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 15th day of April , 1997, on motion of Council member Smith seconded by Council Member Romero, and on the following roll call vote: AYES: Council Members Smith, Romero, Roalman, Williams and Mayor Settle NOES: None ABSENT: None ATTEST: Bonnie Gawf, CITY CLERK APPROVED: #CityAttoml ��� '�`- � .' � . s � '� Ordinance No. 1323 (1997 Series) lY 04q " FINALLY PASSED this 6 day of May , 195K, on motion of Council Member Romero , seconded by Council Member Smith , and on the following roll call vote: AYES: Council Members Romero, Smith, Roalman, Williams, and Mayor Settle NOES: None ABSENT: None ATTEST: