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HomeMy WebLinkAboutReso 122-2018 (18-697)City of South San Francisco P.O. Box 711 (City Hall, • 400 Grand Avenue) South San Francisco, CA • City Council Resolution: RES 122 -2018 File Number: 18 -697 Enactment Number: RES 122 -2018 RESOLUTION APPROVING A BACK TO BUSINESS (B213) PROGRAM AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT AND ADMINISTER THE B2B PROGRAM TO FACILITATE THE TIMELY INSPECTION OF DAMAGED STRUCTURES IN THE EVENT OF A MAJOR DISASTER. WHEREAS, in the aftermath of a major earthquake or other disaster, there may be an urgent need to assess hundreds or thousands of damaged structures in order to determine the condition of the buildings and infrastructure and their suitability for safe use and occupancy; and WHEREAS, in such a major disaster, the need to conduct safety assessments may be overwhelming and far exceed the capacity of the City's building inspectors; and WHEREAS, the City of South San Francisco ( "City ") wishes to establish a public - private partnership with local businesses, known as the Back to Business (132B) Program, that would prepare in advance for the disruption and recovery caused as the result of an earthquake or other major disaster; and WHEREAS, the B2B Program would authorize the Chief Building Official to pre - certify qualified inspectors, such as civil and structural engineers or architects from the private sector with current California licenses, who would be retained by private businesses to perform safety assessment inspections on designated buildings listed under the B2B Program; and WHEREAS, the Chief Building Official is authorized to appoint inspectors who will have such powers as delegated by the Chief Building Official pursuant to Section 103.3 "Deputies" of the 2016 California Building Code, as adopted under Chapter 15.08 of the South San Francisco Municipal Code; and WHEREAS, the Chief Building Official is further authorized to make all required inspections and has authority to accept written and certified reports of inspection by approved agencies or individuals pursuant to Section 104.4 "Inspections" of the 2016 California Building Code, as adopted under Chapter 15.08 of the South San Francisco Municipal Code; and WHEREAS, the B2B Program would enable the Chief Building Official and his/her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment; and WHEREAS, the extent of responsibility and liability for such inspections would be governed by an City of South San Francisco Page 1 File Number. 18 -697 Enactment Number: RES 122 -2018 agreement between the participating building owner and the pre - certified inspector(s); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that it hereby approves the B213 Program, attached hereto as Exhibit A, and incorporated herein. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that it hereby authorizes the City Manager, or his designee, to implement and administer the B213 Program. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that it hereby authorizes the City Manager, or his designee, to make any modifications deemed necessary to effectively implement the B213 Program consistent with the intent of City Council. At a meeting of the Special City Council on 8/8/2018, a motion was made by Richard Garbarino, seconded by Mark Addiego, that this Resolution be adopted. The motion passed. Yes: 5 Mayor Normandy, Mayor Pro Tern Matsumoto, Councilmember Addiego, Councilmember `Gupta, and Councilmember Garbarino Attest by Kris a Nlartinell' City of South San Francisco Page 2 EXHIBIT A Attachment 1 To Associated Resolution Back to Business Program August 8, 2018 City of South San Francisco Economic & Economic & Community Development Department BACK TO BUSINESS PROGRAM (B2B) Building Post-Disaster Re-Occupancy Inspection Application Instructions B2B PROGRAM TABLE OF CONTENTS DESCRIPTION & INSTRUCTIONS I. Introduction 3 II. Purpose 3 III. Definitions 3 IV. Preparation 4 V. Inspector Requirements 4 VI. Inspection Dossier 6 VII. Pre-Certification Documentation 7 VIII. Indemnification, Hold Harmless and Immunity 8 IX. Pre-Certification Acceptance 8 X. Activation 8 XI. Placard Management 9 XII. Building Official Verification 10 XIII. Termination 10 APPLICATION FORMS 11-25 Application Checklist Appendix A Request for Pre-Certification Appendix B Structural Inspector Authorization Appendix C Biennial Program Renewal Appendix D Placard Issuance Appendix E Inspection Dossier Appendix F 3 BACK TO BUSINESS (B2B) PROGRAM I. INTRODUCTION After an earthquake, or other disaster such as a fire, flood or terrorist Incident that may have caused damage to buildings and/or property, buildings will be inspected and appropriately posted for re-occupancy or closure utilizing standardized ATC-20 (www.atccouncil.org) inspection and posting procedures. The Chief Building Official will appropriately prioritize public safety above all other concerns. At the same time, affected businesses will seek to minimize business interruption and resume building operations as soon as is safely possible. Some building owners may proactively develop private inspection programs for their buildings to facilitate rapid, individualized, building re-occupancy inspections. The Back to Business (B2B) Program establishes an agreement between owners and tenants, the City and designated certified deputized inspectors to allow private, post-disaster re- occupancy inspection satisfying accepted standards and procedures in response to a locally declared emergency. II. PURPOSE The purpose of a pre-certified inspection program is to provide a prioritized, thorough evaluation of possible damage to a structure by qualified persons familiar with the structural design and life-safety systems of the building. This private inspection program allows rapid decisions regarding the closure or re-occupancy of buildings to be made by individuals pre-certified by the Chief Building Official for a specified property. The program reduces inspection delays and eases the burden of inspection by government entities that may need to focus resources on more severely stressed areas or areas of greater public hazard, which may not include the property of interest to a business. III. DEFINITIONS A. Applicant – Individual or entity in possession of title for land, building, or other item. The owner may be responsible for paying taxes in relation to property. Applicant may also be a lessee or tenant of the property or building authorized by the owner. B. Deputized Inspectors – Person(s) deputized by the City under the B2B program. 4 IV. PREPARATION Applicants may request participation in this program at any time except 60 days following a local declared disaster. A building designated as having met the requirements outlined herein shall be placed on a list of buildings accepted for private re-occupancy inspection. Applicants may participate in this program, subject to the requirements listed below: A. Select inspection team; B. Develop inspector response plan(s) and compile building structural drawing(s), safety plan template(s), equipment and drawing location(s), and other pertinent information; arrange for submission or electronic posting of documentation availability to the City; C. Assemble the Inspection Dossier located in Section VI. D. Obtain, document, and store safety and inspection equipment/supplies; E. Update inspection plan, supplies, team member changes, and training as necessary; F. Submit the Biennial Program Renewal form before each biennial anniversary of initial approval date (Appendix D). V. INSPECTOR REQUIREMENTS Applicant will partner with structural inspector(s) to assemble an Inspection Team and to apply for B2B program pre-certification. The structural inspector shall be a Civil or Structural Engineer licensed in the State of California. Additional architect(s) or engineer(s) trained in ATC-20 procedures (www.atcouncil.org) may be pre-certified to supplement the inspection team as required. Though architects may consider structural inspections outside their purview, architects can add expertise to an inspection team by addressing nonstructural hazards such as blockage of exits, facade and ceiling assembly hazards and life-safety system performance. Engineers/architects experienced with historical structures should be considered for the inspection of historic buildings. In accordance with Section 103.3 “Deputies” of the California Building Code, as adopted under Ch apter 15.08 of the South San Francisco Municipal Code , the Chief Building Official has authority to appoint inspectors who will have such powers as delegated by the Chief Building Official. Further Section 104.4 “Inspections” of the California Building Code, the Chief Building Official is authorized to make all of the required inspections and has authority to accept written and certified reports of inspection by approved agencies or individuals. The extent of responsibility and liability is governed by the agreement between the Applicant and inspectors. 5 A. Minimum Qualifications and Requirements 1. Structural Inspectors a. Current California license as a professional civil or structural engineer or architect; b. Relevant experience in the structural design and/or inspection of similar buildings; c. Demonstrated proficiency in ATC-20 Rapid and Detailed Evaluation Procedures. B. Required documents, Equipment and Supplies 1. Copy of Building Inspection Dossier; 2. Structural, architectural, and/or life-safety system drawings; as-built drawings; or, if structural drawings are unreadable, incomplete, or do not exist, a clear written description of the structural system and any known weaknesses and unique features; 3. Personal safety equipment including hardhat, etc., defined by Applicant or inspector company safety officer; 4. Inspection equipment including flashlights, measuring devices, ladders, and other applicable items; 5. ATC-20 Rapid and Detailed Evaluation forms (latest edition) for reporting inspection findings to the Chief Building Official; 6. Yellow Caution and Red Danger tape or barricades; 7. Portable radios or other communication devices for large buildings, if applicable. 8. Sufficient green, yellow, and red official City safety assessment placards to allow appropriate posting at each entrance to the building, to be supplied by City upon approval of application. 6 VI. INSPECTION DOSSIER Applicant or each Inspector, as defined in written company program, shall maintain hard and electronic copies of the Inspection Dossier, and the Dossier shall be readily available to each Inspector for use and reference following a triggering event. The Dossier shall include the following Information: A. Emergency Notification Contact List of the Building B2B Inspection Team Members 1. Licensed engineers/architects certified for structural inspection; 2. Applicant’s site workers responsible for the building; B. Building Information 1. Photograph of building; 2. Address; 3. Description of building including year of original occupancy, number of stories, size, materials of construction, and structural system type; 4. Building floor plans showing entrances, evacuation routes, and recommended locations for observation; 5. Number and location of building entrances per building to be posted with safety assessment placards; 6. Specified building use(s) (e.g., offices, apartments, manufacturing, etc.); 7. Description of life-safety system including location of emergency power generator; 8. Description of building fire detection and suppression systems; 9. Description and locations of potential falling hazards; C. Emergency Response Requirements and Information 1. Trigger for activation of emergency response (earthquake, fire, flood or terrorist incident that may have impacted buildings or property); 2. Rally location for the Applicant’s emergency response and command and control organization; 3. Access procedures and/or location of keys for entrance to the site and all building areas; 4. Inventory and location of required documents, equipment and supplies; 5. Location, type, and handling instructions for any hazardous material. 7 D. Inspection Procedure 1. ATC-20 Procedures for Post-Earthquake Safety Evaluation of Buildings including Rapid and Detailed Evaluation Procedure. Recommended methodology for welded steel joint inspection is FEMA 352 where required. These inspections may be required by the Structural Inspector(s) or the City of South San Francisco. For special inspection or materials testing, use only inspectors pre-certified by the City. 2. Fire/Life-Safety System Checklist (if applicable); 3. Instructions or drawings indicating where to look, what to look for; and to re- inspect following aftershocks; VII. PRE-CERTIFICATION DOCUMENTATION Pre-certification must occur before the incident. No applications for pre-certification will be accepted for a period of at least 60 days after a declared state of emergency. Exceptions may apply only due to limited City resources and the nature of the emergency. Applications may be accepted before the 60 day period ends at the discretion of the Chief Building Official; however, business shall not expect applications to be reviewed during a locally declared emergency. Submit the following to the Building Division: A. Completed B2B Application Checklist (Appendix A); B. Request for Pre-Certification form signed by Applicant (Appendix B); C. Inspection Authorization form providing evidence of qualifications for the Inspection Team (Appendix C); 1. Signed Inspector Authorization form (Appendix C) showing current California License Number as a professional civil or structural engineering or architect and relevant experience in the structural design and/or inspection of buildings of similar size, construction, and complexity; 2. One-page resume describing education and experience relevant to inspection duties. D. Copy of Inspection Dossier or link to electronic file (Appendix F, see content requirements [Section VI.]). 8 VIII. INDEMNIFICATION AND HOLD HARMLESS Each party in the B2B Program agrees to defend, indemnify, hold harmless every party, including the City of South San Francisco, its officers, agents and members of each other party departments and agencies, from all liability, damage (whether in contract or tort), including personal injury, death at any time, or property damage, costs and financial loss, including all costs and expense of litigation, for the sole wrongful or negligent acts or omissions of the indemnifying party’s officers, agents or department members in the performance of any services described in this Agreement that cause such liability, damage, costs and financial loss. If the injury, death or loss that forms the basis of any claim, suit or judgment is determined to have been caused by the combined negligent or willful acts or omissions of more than one party in the performance of any services described in this Agreement, each such party agrees to bear its respective share of the payment of any award, settlement, or judgment, and each such party shall bear its own costs of defense, including attorneys’ fees. Pursuant to California Code Section 8655, etc. seq., the state or its political subdivisions shall not be liable for any claim upon the exercise or performance, or the failure to exercise or perform, a discretionary function or duty on the part of a state or local agency or any employee of the state or its political subdivisions in carrying out the provisions of the California Services Act. IX. PRE-CERTIFICATION ACCEPTANCE Application for the B2B Program will be reviewed by the Chief Building Official and determination will be made within 14 business days after submittal. The Building Division will add the building to the list of buildings approved for the B2B Program and provide the following upon acceptance of pre-certification documentation: A. Building Official-signed Appendix A, Checklist, accepting the Inspection Dossier; B. Building Official-signed Appendix B, Request for Pre-certification form; C. Building Official-signed copy of each Appendix C, Inspector Authorization form; D. Official placards for posting at predetermined building entrances; E. Certificate of approval. X. ACTIVATION A. Upon proclamation of a local emergency that may have caused damage to buildings and/or property, initiate and direct the inspection program as agreed between Applicant and pre-certified deputized Inspection Team; B. Contact the City Building Division at (650) 829-6670 immediately if building or area (including sidewalk, street, or parking area) presents a public safety hazard, or if emergency demolition or shoring is required; 9 C. Arrange for barricading or taping off of all unsafe areas. Contact the City Public Works Department at (650) 877-8550 immediately if areas barricaded include a public street or otherwise adversely affect City services, or if barricades available to Applicant are insufficient; D. Complete rapid inspection per ATC-20 only rapid evaluation adequate to placard unless concerns observed, then proceed to detailed evaluation as soon as reasonably possible, if required. E. Take preventive measures regarding gas leaks, hazardous material spills, or other life-safety mitigation F. Post building (green, yellow, or red) at the main entry of the building and at all entrances of multi-entrance buildings. Elevator and life-safety inspection may occur separately from structural inspection; G. Submit ATC-20 Rapid and/or Detailed Evaluation Report signed and dated by pre-certified deputized Inspector to the Building Division as soon as reasonably practical, preferably within 72 hours of the declared local emergency. Note: If reports are not received within 72 hours, an inspection may be made by City building inspectors or deputized volunteer inspectors using standard City-wide inspection criteria. XI. PLACARD MANAGEMENT Safety Assessment placards are controlled documents and recipients must carefully manage their storage and use. Applicants and Inspectors must adhere to the following protocol in order to participate in the B2B program: A. Placards must be stored in a locked and secure location accessible only to the Applicant and designated Inspector(s); B. Each placard must clearly display a unique identification number assigned by the City of South San Francisco; C. Applicant and/or Inspector must carefully document the posting of every safety assessment placard. Documentation must include placard identification number, building address and entrance where posted, date and time of posting, and name of pre-certified Inspector who authorized the placard posting by the Inspection Team. This information must be provided to the Chief Building Official along with the Inspection documentation. D. Placards shall not be destroyed or discarded. If a placard is erroneous, damaged, or is superseded, the Inspector shall fully mark the front of the placard with an "X", and return the placard to the Chief Building Official. 10 Important: Failure to follow the protocol for safety assessment placards may result in termination from the B2B Program. XII. BUILDING OFFICIAL VERIFICATION The City Building Division in the Economic & Community Development Department may perform inspection of the B2B designated building under any of the following conditions: A. The Inspector has reported the building unsafe and has posted it with a red placard; B. There is reason to believe that unsafe conditions exist; C. Applicants, tenants, other public agencies, or members of the general public express specific concerns. XIII. TERMINATION Before each biennial anniversary of original approval date, a courtesy reminder notice will be sent to the Applicant via email. If there is no response from the Applicant within 180 calendar days, or for one or more of the following reasons, the building may be removed from the B2B Program: A. Biennial renewal forms have not been submitted; B. Partnership or agreement between Applicant and inspection team has been terminated; C. Changes in inspection team members have not been submitted and/or do not meet minimum requirements; D. Alterations made to the building affecting seismic response or inspection procedures have not been reflected in the Inspection Dossier; E. Placards have not been properly managed. 11 APPENDIX A APPLICATION CHECKLIST Building Address/Location and Number: Appendix A: This Checklist, marked by applicant to show all items submitted Appendix B: Request for Pre-certification - signed by Applicant Appendix C: Inspector Authorization - signed, include one form for each inspector, with 1-page resume Appendix D: Biennial Program Renewal Form Appendix E: Copy of Complete Inspection Dossier or link to electronic filing, including: Part A. List of Individual’s Contact Information for this building 1. Licensed engineers applying for pre-certification as re-occupancy inspectors for structural inspection Part B. Building Information 1. Photograph of building 2. Address 3. Description of building, including year of original occupancy, number of stories, size, materials of construction, and structural system type 4. Building floor plans showing entrances; evacuation routes; stairs; elevators; and recommended locations of observation for detecting structural distress 5. Number of building entrances to be posted with City placards 6. List of building use(s) - offices, apartments, manufacturing, etc. 7. Description of life-safety system including location of emergency power generator with description of building fire detection and suppression systems. 8. Description and locations of potential falling hazards, noted on drawings or other documentation 12 Part C: Response requirements and information, including: 1. Trigger for activation of response (earthquake, fire, flood or terrorist incident that may have impacted buildings or property) 2. Rally location for the Applicant’s emergency response and command and control organization; 3. Access procedures and/or location of keys for entrance to the site and all building areas; 4. Inventory and location of required documents, equipment and supplies, including: a. Structural, architectural, and/or life-safety system drawings; as-built drawings, or (if structural drawings are unavailable or otherwise inadequate) a clear description of the structural system and any known weaknesses and unique features b. Personal safety equipment including hardhat c. Inspection equipment including flashlights, measuring devices, ladders, other applicable items d. ATC-20 Rapid and Detailed Evaluation Forms (latest edition) for reporting inspection findings to the Chief Building Official e. Caution/Danger tape and/or barricades f. Handheld radios or other communication devices for large buildings, if applicable 5. Location, type, and handling instructions for hazardous response plan material 13 Part D: Inspection procedure, including: 1. Latest edition of ATC-20-1 Field Manual for Post-Earthquake Safety Evaluation of Buildings including Rapid and Detailed Evaluation Procedures 2. [Optional] Accelerometer placement - may reduce requirement for inspection of welded joints Completed By Applicant Name/Date: Reviewed & Accepted by Chief Building Official Name/Date: RETURN ONE COPY OF THIS FORM TO APPLICANT AFTER REVIEW & ACCEPTANCE Last Updated Date: Original Approval Date: 14 APPENDIX B REQUEST FOR PRE-CERTIFICATION When used for Biennial Renewal, complete only if Applicant has changed during last year. Company Name, Building Address/Location and Number: is hereby requested for acceptance in the City B2B Program. I certify that: 1. The Owner of the building at the above address is: Applicant’s Address: Applicant Phone: Applicant E-Mail: 2. I am the Building owner or I am authorized to act as the Owner's agent in requesting participation in program. 3. The enclosed or linked Pre-Certification Documentation and Inspection Dossier comply with the minimum requirements of the City’s B2B Program. 4. Inspectors have been given access to a copy of the Inspection Dossier for the building at the address listed above. 5. Inspectors have been given instructions regarding obtaining accompanied access or have been provided a means of access to all areas of the building at all times of day and night if safe. Business emergency command/site crisis management teams responsible for respective buildings at the time must authorize entry and track deployment and return of Inspection Teams. 6. Inspectors have access to the most recent accurate copies of all relevant structural, architectural, and life-safety drawings at all times, if available, or maintain detailed layout plans with information necessary to complete inspection, including entrances, evacuation routes, stairs, elevators, and recommended locations of observation for detecting structural distress. 7. All Inspectors will receive immediate notification of any changes in factors affecting the Inspection Dossier (e.g. changes to contact information, structural or life-safety systems, access to buildings, etc.). 15 Certified by: Signature of Applicant Date: Print/Type Name Company Do Not Write Below/For Use of Authorizing Building Official Only [ ] The pre-certification documentation for this building has been accepted by the City Building Division in the Economic & Community Development Department. The building will be placed on the list of buildings for the B2B Program. Accepted by: Name: Date: RETURN ONE COPY OF THIS FORM TO APPLICANT AFTER REVIEW & ACCEPTANCE Last Updated Date: Original Approval Date: 16 APPENDIX C STRUCTURAL INSPECTOR AUTHORIZATION When used for biennial renewal, complete only for NEW Inspectors. Inspector Name: Inspector’s Phone: Company: Inspector’s Email: I request pre-certification as a Structural Inspector for the building located at: Address: I am a ( ) structural engineer; ( ) civil engineer; ( ) architect, licensed in the State of California. License No. Exp. Date I am applying to be a Structural Inspector for this building. Note: Primary Structural Inspector must be a California licensed structural or civil engineer. Attach 1-page resume to this Appendix for each Structural Inspector; including education and experience relevant to inspection duties, in addition to brief experience descriptions below. I certify that: 1. I have relevant experience in the design and/or inspection of similar buildings: Building Address Building Type No. stories 2. I have completed training in ATC-20 Rapid and Detailed Evaluation Procedures and will complete any additional and/or refresher training in a manner consistent with maintaining readiness. ID # Exp. Date: 17 I understand that while I am acting as an Inspector under this B2B agreement, my activities are in no way affiliated with the Cal-EMA Safety Assessment program and I am not entitled to worker's compensation benefits or limited immunity from liability provided by the State of California Disaster Service Worker Volunteer Program. 3. I am familiar with and have access to a complete and current copy of the Inspection Dossier for this building. 4. I am familiar with and will adhere to the management protocol for Safety Assessment Placards. 5. I accept authorization as a Deputized Inspector by the City Building Division upon emergency declaration and will present this form upon request. Signature Date: Do Not Write Below/For Use of Authorizing Building Official Only The individual listed above is certified as a deputized Inspector for the above-listed building by the City Building Division in the Economic & Community Development Department and is authorized to post this building with official City post-disaster safety assessment re- occupancy placards. All evaluations and placard postings by designated Inspectors are subject to review by the Chief Building Official, and ultimate occupancy posting is at the sole discretion of the Chief Building Official. Accepted by: Date: RETURN ORIGINAL OF THIS FORM TO APPLICANT AFTER REVIEW & ACCEPTANCE APPLICANT TO GIVE ORIGINAL TO INSPECTOR FOR IDENTIFICATION PURPOSES Last Updated Date: Original Approval Date: 18 APPENDIX D BIENNIAL PROGRAM RENEWAL TO BE SUBMITTED BIENNIALY PRIOR TO ANNIVERSARY OF DATE OF ORIGINAL APPROVAL Applicant Name(s): Building Address/Location and Number: ( ) No change has been made to any element of Inspection Dossier. ( ) All equipment and supplies for the program have been checked and updated as necessary. ( ) The Applicant has/have changed. The Applicant is A Request for Pre-Certification form completed and signed by the new owner is enclosed. ( ) Inspector/ has changed. Completed Inspector Authorization forms for all new inspectors are enclosed, and Inspection Dossier has been updated and a copy/link provided herewith. ( ) Changes have been made to the building affecting the Inspection Dossier. Inspectors have been provided access to revised drawings for all relevant changes to the building. Inspection Dossier has been updated and a copy/link provided herewith. Designated contact person for biennial update (Applicant): Signature: Date: Print/Type Name: Phone: Company: 19 Do Not Write Below/For Use of Authorizing Building Official Only The updated documentation for this building has been accepted by the City Building Division in the Economic & Community Development Department. The building remains on the list of buildings for the B2B Program. Accepted by: Title Date: Last Updated Date: Original Approval Date: 20 APPENDIX E PLACARD ISSUANCE TO BE COMPLETED BY BUILDING OFFICIAL Applicant Name: Building Address/Location and Number: The following Safety Assessment Placards have been issued to the Applicant: Placards Quantity Identification Numbers (Range) Red (Unsafe- No Entry) Yellow (Restricted Use) Green (Inspected - Lawful Occupancy Permitted) ( ) Each Pre-certified Deputy Inspector has confirmed understanding of placard management protocol and has indicated intent to adhere to protocol by signing the Structural Inspector Authorization form. Building Official Signature: Date: Last Updated Date: Original Approval Date: 21 CITY OF SOUTH SAN FRANCISCO ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT B2B PROGRAM APPENDIX F INSPECTION DOSSIER (Attach Complete Dossier or Attach Link) 2958272.1