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HomeMy WebLinkAboutOrdinance 1620 (Unreinforced Maronry Building Mitigation)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1620 entitled: "ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING IN ITS ENTIRETY CHAPTER 12.40 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL SETTING FORTH AN UNREINFORCED MASONRY BUILDING MITIGATION PROGRAM" is a true and correct copy of an ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the ASH day of JULY , 1992, published as required by City Charter in the MARIN INDEPENDENT JOURNAL , a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a REGULAR meeting of the City Council of said City held on the 20TH day of JULY 1992, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None WITNESS my hand and the official seal of the City of San Rafael this 22nd day of JULY 19g ' JEANNE ONCINI,` Cizyy~Clerk ORDINANCE NO. 1620 ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING IN ITS ENTIRETY CHAPTER 12.40 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL SETTING FORTH AN UNREINFORCED MASONRY BUILDING MITIGATION PROGRAM WHEREAS, the San Rafael General Plan 2000 has a seismic safety element which calls for the City to implement measures to encourage the rehabilitation or elimination of structures susceptible to collapse or failure in an earthquake (Seismic Safety Policy S-12); and WHEREAS, State law (SB 547) requires that the City Council adopt a mitigation program pertaining to existing unreinforced masonry buildings. follows: NOW, THEREFORE, the City Council of the City of San Rafael does ordain as DIVISION I, Chapter 12.40 of the San Rafael Municipal Code is amended in its entirety to read as follows: Chapter 12.40 UNREINFORCED MASONRY BUILDING MITIGATION PROGRAM DIVISIONs: 12.40.010 12.40.020 12.40.030 12.40.040 12.40.050 12.40.060 12.40.010 PURPOSE Purpose Scope Definitions Rating Classifications General Requirements Administration The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on unreinforced masonry buildings. Such buildings have been widely recognized for sustaining life -hazardous damage, including partial or complete collapse during moderate to strong earthquakes. The provisions of this chapter are intended as minimum standards for structural seismic resistance established primarily to reduce the risk of life loss or injury. Compliance with these standards will not necessarily prevent loss of life or injury or prevent earthquake damage to rehabilitated buildings. This chapter does not require alteration of existing electrical, plumbing, mechanical or fire safety systems unless they constitute a hazard to life or property. ORIGINAL �`� This chapter provides systematic procedures and standards for identification and classification of unreinforced masonry buildings based on their present use. Priorities, time periods and standards are also established under which these buildings are required to be structurally analyzed and repaired. Qualified Historical Buildings shall comply with the State Historical Building Code (SHBG) established under Part 8, Title 24 of the California Administrative Code. 12.40.020 SCOPE The provisions of this chapter shall apply to all buildings which on the effective date of this ordinance have at least one unreinforced masonry bearing wall as defined herein. The Building Official, or his authorized representative, shall create and maintain a list of the existing unreinforced masonry buildings in the City of San Rafael. This list shall be kept current and additions and deletions of buildings from this list shall be made at any time changes in building status are determined. EXCEPTION: This chapter shall not apply to detached one or two family dwellings, detached apartment houses containing less than 5 dwelling units which are used solely for residential purposes, and warehouses. 12.40.030 DEFINITIONS For purposes of this chapter, the applicable definitions in the Uniform Building Code (1) shall also apply: ESSENTIAL BUILDING: Any building housing a hospital or other medical facility having surgery or emergency treatment areas; fire or police stations; municipal government disaster operation and communication centers. HIGH RISK BUILDING: Any building, not classified as an essential building, having an occupant load of 100 or more, as determined by DIVISION 3302(a). EXCEPTION: A high risk building shall not include the following: 1. Any building having exterior walls braced with masonry crosswalls or wood frame crosswalls spaced less than 40 feet apart in each story. Crosswalls shall be defined as walls having full story height with a minimum length of 1-1/2 times the story height. 2. Any building used for its intended purpose, as determined by the Building Official, for less than 20 hours per week. -2- MEDIUM RISK BUILDING: Any building, not classified as a high risk building or an essential building, having an occupant load of 50 occupants or more as determined by DIVISION 3302(a). LOW RISK BUILDING: Any building, not classified as an essential building, having an occupant load of less than 50 occupants as determined by DIVISION 3302(a). Open Front is an exterior building wall plane on one side only without vertical elements of the lateral force resisting system in one or more stories. Pointing is the partial reconstruction of the bed joints of an unreinforced masonry wall as defined in U.B.C. Standard No. 24.42. Unreinforced Masonry Bearing Wall. A URM wall which provides the vertical support for a floor or roof for which the total superimposed load exceeds 100 pounds per linear foot of wall. (1) For the purposes of this chapter all references to the Uniform Building Code shall refer to the 1985 edition. 12.10.040 RATING CLASSIFICATIONS The rating classifications shown in Table No. 12.40-A below are hereby established and each building within the scope of this chapter shall be placed in one such rating classification by the Building Official. The total occupant load of the entire building as determined by DIVISION 3302(a) shall be used to determine the rating classification. EXCEPTION: For the purpose of this chapter, any buildings, portions of which are constructed to act independently when resisting seismic forces, may be placed in separate rating classifications. TABLE NO. 12.40-A RATING CLASSIFICATIONS TYPE OF BUILDING CLASSIFICATION Essential Building I High Risk Building II Medium Risk Building III Low Risk Building IV -3- 12.40.050 GENERAL REQUIREMENTS a) All buildings subject to the provisions of this chapter shall be seismically strengthened as follows: 1) Parapet bracing shall be provided except where adjacent structures will prevent parapets from falling away from buildings. 2) Floors and roofs shall be anchored to their supporting walls. 3) Open fronts shall be seismically braced. 4) Mortar joints shall be pointed. 5) Any special site-specific conditions felt by the Building Official or the designer to be an immediate hazard to public health and safety shall be corrected. b) The design standard for compliance with the items listed in DIVISION 12.40.050(a) shall be in conformance with DIVISION 12.40.050(d). c) Should a property owner wish to strengthen his building beyond the requirements of DIVISION 12.40.050(a) such additional work shall comply with the requirements of DIVISION 12.40.050(d). d) Unreinforced masonry buildings to be strengthened pursuant to DIVISION 12.40.050(a) Items (1) thru (5) and 12.40.050(c) shall be designed and repaired in compliance with the applicable DIVISIONS of Appendix Chapter 1 of the 1991 edition of the Uniform Code for Building Conservation or other recognized standard acceptable to the Building Official. Deviations from these standards may be made if, in the opinion of the Structural Engineer and the Building Official, compliance with the standards would result in extreme hardship and the deviations are not likely to result in damage from earthquake forces that would injure occupants or passersby. e) Time limits for compliance shall be as specified in Section 12.40.060(a) and (b). 12.40.060 ADMINISTRATION a) Service of Order. The Building Official shall issue an order to the owner of each building within the scope of this chapter in accordance with the maximum time periods for service of such orders set forth in Table No. 12.40-B. The maximum time period for the service of such orders shall be measured from the effective date of Chapter 12.40. -4- RXIINU CLASSIFICATION I (Highest Priority) II III IV (Lowest Priority) TABLE NO. 12.40-B SERVICE PRIORITIES UCCUYANT LOAD Any 100 or more 50 to and including 99 Less than 50 MAMMUM'IlM1; P6WUUS N'UR I SERVICE OF ORDER BY CITY 0 180 days 2 years 2 years b) Time limits for compliance. The owner of a building within the scope of this chapter shall comply with the requirements set forth above by submitting to the Building Official: (1) Within 270 days after the service of the order, a structural analysis, which is subject to approval by the Building Official, and which shall demonstrate that the building meets the minimum requirements of this Chapter; or (2) Within 270 days after the service of the order, a structural analysis, plans, and a building permit application for the proposed structural alterations of the building necessary to comply with the minimum requirements of this chapter: or (3) Within 270 days after the service of the order, plans for the demolition of the building. After plans are submitted and approved by the Building Official, the owner shall obtain a building permit, commence and complete the required construction or demolition within the time limits set forth in Table No, 12.40-C. These time limits shall commence from the date the order is served in accordance with DIVISION 12.40.060(a) and (c). TABLE NO. 12.40-C TIME LIMITS FOR COMPLIANCE REQUIRED ACTION OBTAIN BUILDING PERMIT COMMENCE CONSTRUCTION COMPLETE CONSTRUCTION BY OWNER WITHIN WITHIN WITHIN Complete Structural 1 year 180 days (1) 1 year (1) Alterations or (from service of Building Demolition order) (1) Measured from date of building permit issuance. All the other time limits are measured from the date of the order. -5- c) Contents of Order. The order shall be in writing and shall be served by certified or registered mail upon the owner as shown on the last equalized assessment, and upon the person, if any, in apparent charge or control of the building. The order shall specify that the building has been determined by the Building Official to be within the scope of this chapter and, therefore, is required to meet the minimum seismic standards of this chapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of DIVISION 12.40.050 and DIVISION 12.40.060 which sets forth the owner's alternatives and time limits for compliance. d) Appeal from Order. The owner of the building may appeal to the City Council, sitting as the Board of Appeals, the Building Official's initial determination that the building is within the scope of this chapter. Such appeal shall be filed with the board within 60 days from the service date of the order described in DIVISION 12.40.060(a) and (c). Any such appeal shall be decided by the board no later than 60 days after the date that the appeal is filed. Such appeal shall be made in writing upon appropriate forms provided therefor, by the Building Official and the grounds thereof shall be stated clearly and concisely. Filing of an Appeal hereunder shall toll the time periods specified in Section 12.4 0.0 6 0 (b) . Each appeal shall be accompanied by a filing fee as set forth by Resolution of the City Council. Appeals or requests for slight modifications from any other determinations, orders or actions by the Building Official pursuant to this chapter, shall be made in accordance with the normal appeal procedures established in this code. e) Recordation. At the time that the order is served, the Building Official shall file with the office of the County Recorder a certificate stating that the subject building is within the scope of Chapter 12.40 - Unreinforced Masonry Building Mitigation Program. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it where it is not found to comply with Chapter 12.40. If the building is found not to be within the scope of this chapter, or as a result of structural alterations, is found to be structurally capable of resisting minimum seismic forces required by this chapter, or is demolished; the Building Official shall file with the office of the County Recorder a certificate terminating the status of the subject building as being classified within the scope of Chapter 12.40 - Unreinforced Masonry Building Mitigation Program. f) Program status reports to the City Council. The Building Official shall submit an annual report to the City Council on the status of the Unreinforced Masonry Building Mitigation. DIVISION 2. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, DIVISIONs, or applications of the Ordinance which can be given effect without the invalid provisions or applications, and to this end any phrase, DIVISION, sentence, or word is declared to be severable. DIVISION 3. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. Attest: &RTB O, Mayor / E M. LEONOINI, City Clerk The foregoing Ordinance No. 1620 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 6th day of July , 1992, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 2 0 th day of July , 1992. J rI. LEONCIN City Clerk -7- -- O n m O z Mul mz w m O rL 0 N N O � ►� y a: g W CA U zo z . b o N -1z cn r zi ] y g w• w o zo cr o n �to�� a ►d W CA � �b Ila o 0 0 0 9 e° m H U3 W T c o 0 o xn a, W U3 U3 Q x zo m 0 c y no J ao aro ao � N *4 *4 N Q� V W N CVVO Q► Q V. 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