Loading...
HomeMy WebLinkAboutOrdinance 1587 (Masonry Building Mitigation)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Er, -Officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance NO. 1587 entitled: ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 12.40 TO 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 16th day of APRIL 19 90 , 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 7th day of MAY , 19 90 , by rhe following vote, to wit: AYES: COUNCILMEMBERS: Boro, Brei ner, Thayer & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey WITNESS my hand and the official seal of the City of San Rafael this 7th day of HAY , 19 90 JEANO LEONCINI, City Clerk ORDINANCE NO. 1587 ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 12.40 TO 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. NOW, THEREFORE, the City Council of the City of San Rafael does ordain as follows: Section I, Chapter 12.40 is hereby added to the San Rafael Municipal Code to read: Chapter 12.40 UNREINFORCED MASONRY BUILDING MITIGATION PROGRAM Sections: 12.40.010 Purpose 12.40.020 Scope 12.40.030 Definitions 12.40.040 Rating Classifications 12.40.050 General Requirements 12.40.060 Administration 12.40.070 Analysis, Design and Construction Requirements 12.40.010 PURPOSE 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 build- ings. Such buildings have been widely recognized for sustaining life -hazardous damage, including partial or complete collapse during moderate to strong earthquakes. - 1 -- OR I ur`�N A I 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. This chapter provides systematic procedures and standards for identification and classification of unreinforced masonry build- ings based on their present use. Priorities, time periods and standards are also established under which these buildings are required to be structurally analyzed and conceptual plans and cost estimates prepared and submitted to the building official for review. Qualified Historical Buildings shall comply with the State Histo- rical Building Code (SHBG) established under Part 8, Title 24 of the California Administrative Code. Upon receipt of the information required above, the Building Official or his authorized representative shall review the reports, plans and estimates. A report based on this information shall be submitted to the City Council so that they may direct the Building Official to prepare an appropriate mandatory repair ordinance which addresses all of the issues and impacts resulting from such a mandatory ordinance. 12.40.020 SCOPE The provisions of this chapter shall apply to all buildings which on the effective date of this ordinance have unreinforced masonry bearing walls 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 deter- mined. EXCEPTION: This chapter shall not apply to detached one or two family dwellings and detached apartment houses containing less than 5 dwelling units and which are used solely for residential purposes. 12.40.030 DEFINITIONS For purposes of this chapter, the following applicable definitions in Sections 2302 and 2312 of the Uniform Building Code (1) shall 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 Section 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 12 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. MEDIUM RISK BUILDING: Any building, not classified as a high risk building or an essential building, having an occupant load of 20 occupants or more as determined by Section 3302(a). LOW RISK BUILDING: Any building, not classified as an essential building, having an occupant load of less than 20 occupants as determined by Section 3302(a). UNREINFORCED MASONRY BEARING WALL: A masonry wall having all of the following characteristics: 1. Provides the vertical support for a floor or roof. 2. Has a total superimposed load which is over 100 pounds per linear foot. 3. The area of reinforcing steel is less than 50 percent of that required by Section 2407(h). (1) For the purposes of this chapter all references to the Uniform Building Code shall refer to the 1985 edition. 12.40.040 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 Section 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 classi- fications. 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 - 4 - 12.40.050 GENERAL REQUIREMENTS The owner of each building within the scope of this chapter shall have a civil or structural engineer or architect, licensed by the State of California, conduct a structural analysis of the building when served with an order by the Building Official to do so. (See Section 12.40.060 (c). The analysis shall determine the existence, nature, and extent of structural deficiencies which could result in collapse, or partial collapse, of the building being studied. The analysis shall make recommendations as to the methods of repair and estimates of the cost of improvements required to bring the buildings into compliance with this ordinance. The owner of a building within the scope of this chapter shall comply with the requirements set forth above by submitting the structural analysis, conceptual plans and cost estimates to the Building Official within 180 days of receipt of the order to do so. The Building Official shall review the submitted reports and estimates for compliance with the requirements of this chapter and report these findings to the City Council. The fee for this review by the City shall be recovered with an application fee assessed against the building owner based on the time required for the review. A $1,000 cash deposit is required at the time the analysis is submitted to the City for review. Any outstanding balance will be refunded to the property owner upon completion of the engineering analysis by the Building Official. - 5 - 12.40.060 ADMINISTRATION a) NOTIFICATION TO PROPERTY OWNERS An initial registered letter shall be sent to all property owners whose buildings have been preliminarily identified as being subject to this chapter. Should the owner feel that their building is exempt from the requirements of this chapter, they shall have 30 days from receipt of the registered letter to submit an analysis showing that their building(s) should not be included on the City's list, because they do not fall within the scope of this chapter. If the City does not receive an analysis from any owner after thirty (30) days from his or her receipt of the registered letter, the list shall be deemed accurate. All other property owners shall be required to provide an analysis of their building within 180 days of receipt of the registered letter. b) NOTIFICATION TO TENANTS The building owner shall notify all building tenants, in writing, that their building is subject to this chapter. This notice must be sent within 30 days after notification by the Building Official to do so. Building owners shall provide proof of service of their tenant notification to the Building Official. This proof shall be submitted to the Building Official within 60 days of the Building Official's notification to the owners requiring tenant notification. c) SERVICE OF ORDER. The building official shall issue an order to the owner of each building within the scope of this chapter within 30 days of the effective date of this chapter. d) CONTENTS OF ORDER. The order shall be in writing and shall be served by certified or registered mail at the address of 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 analysis standards of this chapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of Section 12.40.050 which sets forth the owner's alternatives and time limits for compliance. e) APPEAL FROM ORDER. 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 City Council, sitting as the Board of Appeals. Such appeal shall be filed with the Board of Appeals within 60 days from the service date of the order described in Section 12.40.060(d). Any such appeal shall be decided by the board no later than 60 days after the date that the appeal is filed. The appeal shall be made in writing and shall clearly and concisely state the grounds for such appeal. f) 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 indicate that the owner thereof has been ordered to structurally analyze the building and to submit the findings of that analysis to the City. If the building is found not to be within the scope of this chapter by the Building Official, based on submitted - 7 - documentation, or is found to be structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations, or is demolished, the building official shall file with the office of the County recorder a certificate removing the status of the subject building as being classified within the scope of Chapter 12.40 Unreinforced Masonry Building Mitigation Program. g) PROGRAM STATUS REPORT TO THE CITY COUNCIL. The Building Official, or his representative, shall analyze the reports, plans and estimates submitted and prepare a report to the City Council detailing the findings. The City Council may then direct the Building Official to work with the affected property owners and downtown business community to prepare an appropriate mandatory repair ordinance which addresses all of the issues and impacts resulting from such an ordinance. h) ENFORCEMENT. If the owner of the subject building fails to comply with any order issued by the building official pursuant to this chapter within any of the time limits set forth in Section 12.40.050, the Building Official may order vacation or demolition of the building in accordance with the Abatement of Dangerous Buildings provisions of this code. 12.40.070 ANALYSIS, DESIGN AND CONSTRUCTION REQUIREMENTS The City Council shall adopt a resolution detailing the method of analysis, design standards, and construction requirements consistent with this chapter which shall be used to demonstrate compliance with the requirements of this chapter. SECTION 2 If any provision of this ordinance or its application is held invalid by a court of competent jurisidiction, such invalidity shall not affect other provisions, sections, or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end any phrase, section, sentence, or word is declared to be severable. SECTION 3 This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circu- lated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. LAWRENCE E. MULRYAN Mayor tN J NSE M. City Clerk The foregoing Ordinance No. 1587 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 16th day of April , 1990, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Brei ner, Shippey, Thayer & Mayor Mul ryan 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 7th day of Mav , 1990. JEAM. LEONCINI� City Clerk Me=