Loading...
HomeMy WebLinkAbout1992-06-23; City Council; NS-198; CMC 18.07 adds - Unreinforced masonry buildings...I 0 e 1 ORDINANCE NO. NS - 19 8 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARL CALIFORNIA AMENDING TITLE 18 OF THE CARLSBAD MUNICIPAL CO THE ADDITION OF CHAPTER 18.07 ENTITLED "UNREINFORCED MAS BUILDINGS" 5 WHEREAS, the State of California has enacted Chapter 12.2 of Division 1 of Ti 6 7 the California Government Code entitled " Building Earthquake Safety" (GCS 8875 et. sa 8 WHEREAS, the State Seismic Safety Commission has established certain c 10 9 guidelines, and requirements regarding the mitigation of unreinforced masonry struct 11 accordance with this law, and WHEREAS, The City of Carlsbad desires and intends to adopt and comply wi 12 criteria, guidelines, and requirements in accordance with this law and the State Seismic 13 Commission. 14 15 16 17 18 NOW, THEREFORE, the City Council of the City of Carlsbad does hereby or( follows: SECTION I: That Title 18 of the Carlsbad Municipal Code is amended by the a of Chapter 18.07 to read as follows: 19 "Chapter 18.07 I 20 21 22 23 24 25 UNREINFORCED MASONRY BUILDINGS Sections: 18.07.010 Title 18.07.020 Uniform Code for Building Conservation 18.07.030 Actions by the Building Official 18.07.040 Uniform Building Code 26 27 18.07.010 Title. The title of this chapter shall be Unreinforced Masonry Buildin .... 28 I/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 m 0 18.07.020 Uniform Code for Building Conservation adopted by reference. Chaptc the Appendix, and Sections 108, 109, 201, 203, 204, and 205 in the Uniform Code for BI Conservation, 1991 edition, published by the International Conference of Building 0 (hereinafter referred to as "Code") is hereby adopted and herein incorporated by reference rules, regulations, technical guidelines and specifications for the purposes of this ordinan copy of said Code is on file in the office of the City Clerk. 18.07.030 Actions by the Building Official. Whenever it is determined by the BI Official of the City of Carlsbad or his or her designee that a building falls within the crite an unreinforced masonry structure as defined by the Code, The Building Official and his designee shall take steps to ensure that the provisions of the Code relating to mitigation are ( out as follows: (1) Service of Order. The Building Official shall, if the property owner elects voluntarily participate under Subsection (5)(E), issue an order as provided section to the owner of each building within the scope of this Chapter. Thc shall be in writing and shall be served either personally or by certified or reg mail upon the owner as shown on the latest equalized assessment roll, and UI person, if any, in apparent charge or control of the building. Prior to the service of an order a bulletin may be issued to the owner as upon the latest equalized assessment roll or to the person in apparent chz control of a building considered by the Building Official to be within the sc the Code. The bulletin may contain information the building official appropriate. The bulletin may be issued by mail or in person. (2) Contents of Order. The order shall specify that the building has been dete by the Building Official to be within the scope of this Chapter and, therel required to meet the minimum seismic standards as designated in the Codr order shall be accompanied by a copy of Section 18.07.030(5), which sets fc owner's alternatives and time limits for compliance. (3) Appeal from Order. The owner of the building may appeal the Building Of initial determination that the building is within the scope of this Chapter to ti Council. Such appeal shall be filed with the City Clerk within 60 days fr date of service of the order described in this section. Appeals or reque modifications from any other determinations, orders or actions by the B Official may be appealed to the Community Development Director for a dete tion. In the event the owner is dissatisfied with the decision of the Com Development Director, the owner may appeal the decision to the City Cou filing with the City Clerk a written notice of appeal within ten calendz following the decision of the Community Development Director. The City ( shall thereupon set a hearing date for the hearing of such appeal, shall so no Community Development Director and 27 q 28 .... L. I! e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 the owner, and upon such hearing date or such dates to which the hearing r continued, the City Council shall finally determine whether or not such requ modifications from other determinations, orders or actions shall be appro denied. The decision of the City Council shall be final. (4) Recordation of Order. At the time that the Building Official serves the ord Building Official shall also file with the Office of the County Reco certificate stating that the subject building is within the scope of this Chap1 is a potentially earthquake hazardous building. The certificate shall also sk the owner thereof has been ordered to structurally analyze the building structurally alter it where compliance with the requirements set forth Chapter have not been met, If the building is found not to be within the sc this Chapter, or is structurally capable of resisting minimum seismic required by the Code as a result of structural alterations or an analys Building Official shall file with the Office of the County Recorder a terminating the status of the subject building as being classified within the of this Chapter and the Code. (5) Compliance Requirements (A) The owner of each building within the scope of this Chapter shall service of an order and within the time limits set forth in the Code a structural analysis to be made of the building by an engineer or a licensed by the state to practice as such and, if the building does not ( with earthquake standards specified in the Code, the owner shall cau be structurally altered to conform to such standards. (B) The owner of a building within the scope of this Chapter shall comp the requirements set forth above by submitting to the Building Offil review, the following information, within the stated time limits: (i) Within 270 days after service of the order, a structural a which is subject to approval by the Building Official, whic demonstrate that the building meets the minimum requirem the Code; or (ii) Within 270 days after service of the order, the structural 2 and plans for structural alterations of the building to comp the Code; or .... (iii) Within 120 days after service of the order, plans for the inst of wall anchors in accordance with the requirements spec Section All0 of the Code. 28 .... 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 (C) After plans are submitted and approved by the Building Official, thc shall obtain a building permit and then commence and complete the r construction within the time limits set forth in the Table below. The limits shall begin to run from the date the order is served in accc with Section 18.07.030(1), except that the time limit to cor structural alteration shall begin to run from the date the building p issued. The Building Official may order compliance at an earlier da owner requests an earlier date in writing. TABLE A-1-G TIME LIMITS FOR COMPLIANCE Required Action by Owner Structural Alterations or Building Wall Anchors Obtain Building Permit Within 1 year’ 180 days’ Commence Comp Construction Const Within Withir 180 days’ 3 yea1 270 days’ 1 yea1 ’ Measured from date of building permit issuance. 2 Measured from date of service of order. (D) Owners electing to comply with Section 18.07.030(5)(B)(iii) above required to comply with Section 18.07.030(5)(B)(ii) and all applica limits. (E) The owner of each building may commit to a voluntary pro) compliance with the requirements of this Chapter. The owner sl take steps to ensure that the provisions of the Code relating to m are carried out as follows: (i) The owner shall notify the Building Official in writing w days of the effective date of this ordinance of his or her : initiate a voluntary compliance program for mitigation building. Owners whose buildings are identified as fallin the criteria of this Chapter after this period, shall notify the Official within 30 days of receiving notification advising hi1 said condition. (ii) The owner shall then, within one year of the notice of inte Building Official, cause a structural analysis of the buildi made. 4. l 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 (1) The structural analysis, which is subject to approval Building Official shall demonstrate that the buildin! the minimum requirements of the Code; or (2) The structural analysis shall include plans, which are to approval by the Building Official, for the st alterations of the building to comply with the Code; (3) The structural analysis shall include plans, which are to approval by the Building Official, for the install; wall anchors in accordance with the requirements SI in Section All0 of the Code. (iii) Owners electing to comply with Section 18.07.030(5)(E)(ii)(2 are also required to comply with Section 18.07.030(5)(E)(ij (iv) When the scope of necessary repairs is approved by the E Official the owner shall commit in writing to a schedule for to be agreed upon by both the owner and the Building Offit (v) Building Official may issue an order as provided in 18.07 owners not in compliance with the agreed upon time lines owners voluntary program. (6) Historical Buildings. Alterations or repairs to qualified historical buildi defined by Section 18955 of the Health and Safety Code of the State of Ca and as regulated by the State Historical Building Code (Health and Safet Sections 18950 et seq.), as designated on official national, state, or local hi registers or inventories shall comply with the California Historical Buildin (California Code of Regulations Title 24, Building Standards, Part 8), in z to this Chapter. (7) Enforcement. If the owner in charge or control of the subject building : comply with any order issued by the Building Official pursuant to this Cha with any of the time limits set forth in Section 18.07.030, the Building 4 shall verify that the record owner of this building has been properly served. order has been served on the record owner, then the Building Official shal the entire building vacated until such order has been complied with. (8) Replacement of non-conforming URM buildings. Notwithstanding Chapte~ of the Carlsbad Municipal Code, if any unreinforced masonry building which is within the scope of this Chapter is determined to be non-conf according to the development standards set forth in the Carlsbad Municipal such building shall be allowed to be replaced with the same non-conformi This shall include building footprint, height, total square footage and parking. 5. 1 * 0 1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adopt 2 5 4 in the Carlsbad Journal within fifteen days after its adoption. 3 the City Clerk shall certify to the adoption of this ordinance cause it to be published at 1c INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City (1 held on the 5th day of MAY , 1992 and thereafter 6 7 PASSED AND ADOPTED at a regular meeting of said City Council held on t 8 23rd day Of June , 1992, by the following vote, to wit: 9 AYES: Council Members Lewis, Larson, Stanton, and Nygaard 10 NOES: None 11 12 13 ABSENT: Council Member Kulchin APPROVED AS TO FORM: 14 15 17 16 Q. fs" 18 19 RONALD R. BALL, Acting city Attorney 6 *z-T*$ L 20 ll ATTEST: 21 22 23 24 (SEAL) 25 26 27 28 6.