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HomeMy WebLinkAboutOrd 1084-1990ORDINANCE NO. 1084-90 AN ORDINANCE ADDING CHAPTER 15.28 ENTITLED "UNREINFORCED MASONRY STRUCTURES" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN A FOLLOWS: SECTION 1. CHAPTER ADDED. A new chapter, Chapter 15.28, Unreinforced Masonry Structures, is hereby added to the South San Francisco Municipal Code and is to read: Chapter 15.28 UNREINFORCED MASONRY STRUCTURES Sections: 15.28.010 15.28.020 15.28.030 15.28.040 15.28.050 15.28.060 Purpose Scope Standards and Definitions Compliance Requirements Engineering Reports Violations - Penalties Section 15.28.010 Purpose. The City of South San Francisco is located in a geographic area of high seismic risk, due to its proximity to both the San Andreas and Hayward faults and may reasonably be expected to experience moderate to severe groundshaking in the event of a significant local earthquake. Such groundshaking could result in serious injury or loss of life due to damage or collapse of buildings. Historically, unreinforced masonry buildings have been shown to be especially vulnerable. The purpose of this chapter is to promote public safety and welfare by identifying those buildings in the City which exhibit structural deficiencies in their capacities for earthquake resistance and by determining the severity and extent of those deficiencies in relation to their potential for causing injury or loss of life. Section 15.28.020 ~cgpe. (a) The provisions of this chapter shall apply to all unreinforced masonry buildings constructed or under construction prior to 1946, including but not limited to buildings which have unreinforced masonry bearing walls or non-ductile concrete frames with unreinforced masonry walls or partitions, and which have been identified as such by the City Council pursuant to Government Code Section 8875 et seq. (b) This chapter shall not apply to: (1) Detached one or two family dwellings and detached apartment houses containing less than five dwelling units and used solely for residential purposes; (2) Buildings used solely for warehouse purposes, unless used for emergency services or supplies; (3) A detached structure containing less than five dwelling units and warehouse space; (4) Buildings which have already been structurally upgraded in substantial accordance with either the 1973, or later, edition of the Uniform Building Code or the City of Los Angeles Division 88 Standard for URM Buildings. Section 15.28.030 Standards and Definitions. For the purpose of this chapter the definitions in the 1988 Uniform Building Code and the following shall apply: (a) Civil Engineer or Structural Engineer. A licensed civil or structural engineer registered by the State of California pursuant to the rules and regulations of Title 16, Chapter 5 of the Code of California Regulations. (b) Non-Ductile Concrete Frame with Unreinforced Masonry Walls. Buildings which utilize a non-ductile concrete frame and incorporate interior or exterior infill walls, interior partitions, shaft walls or structural walls of unreinforced masonry. (c) Unreinforced Masonry Bearing Walls. Masonry walls having all of the following characteristics: (1) Provide the vertical support for a floor or roof; (2) Have a total superimposed load over 100 pounds per linear foot; (3) Have an area of reinforcing steel less than 50 percent of that required by the Uniform Building Code, 1988 edition. Section 15.28.040 Compliance Requirements. (a) Building Owner Notification. (1) General. Owners of buildings which have been identified as being included in the scope of this program shall be notified by December 31, 1990 by order by the building division. (b) (2) Contents and Service of Order. The written order shall specify that the building has been determined by the chief building inspector to be within the scope of this chapter and, therefore, that the owner is required to comply with the provisions of this chapter. A summary of the requirements shall be provided. The order 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. If service cannot be accomplished personally or by mail, an application can be made to the court to permit service by publication. Appeal. The owner of the building may appeal the initial determination that the building is within the scope of this chapter to the board of appeals established by the Uniform Building Code. Such appeal shall be filed with the board within 60 days from the service date of the order. Within 30 days of the filing of an appeal a hearing date shall be set. A hearing may be continued if necessary. Any such appeal shall be decided by the board no later than 30 days after the close of the hearing and the grounds thereof shall be stated clearly and concisely in writing. Appeals or requests for modifications from any other determinations, orders or actions made or taken pursuant to this chapter shall be made in accordance with the procedures established in the Uniform Building Code. An appeal shall not extend the time periods for compliance specified in this chapter. (c) Owners Duties. (1) General. The owner of each building coming 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, as specified in Section 15.28.060, and shall submit the report to the chief building inspector by February 29, 1992. In the alternative, the owner of a building shall submit to the chief building inspector by February 29, 1992 evidence that the use of the building has been changed to and will remain in an exempt status, as defined in Section 15.28.020(b). The owner of the building may appeal the determination of the chief building inspector to the board of appeals established by the Uniform Building Code. {2) Building Tenant Notification. The owner shall notify all current tenants, in writing, that a structural investigation has been performed and that the report is available at the building division offices. This notice must be sent within thirty (30) days of the date the report is submitted to the city. Whenever there is a change in tenancy, the owner shall notify prospective new tenants, in writing, that a structural investigation has been performed and that the report is available at the building division offices prior to the time a lease is executed. Section 15.28.050 Engineering Reports. (a) Responsibility. A civil or structural engineer or architect licensed by the state shall prepare the investigation and engineering report. The purpose of this report is to investigate, in a thorough and unambiguous fashion, a building's structural systems that resist the forces imposed by earthquakes and to determine if any individual portion or combination of these systems is inadequate to prevent a structural failure (collapse or partial collapse). Each building shall be treated as an individual case without prejudice or comparison to similar type or age buildings which may have greater or lesser earthquake resistance. Generalities or stereotypes are to be avoided in the evaluation process by focusing on the specifics of the structural system of the building in question and the local geology of the land on which the building is constructed. It is the responsibility of the engineer performing the evaluation to choose the appropriate level of investigation which will produce a report that is complete and can serve as a sound basis for a conclusion on the collapse hazard the building may present. (b) Format for the Report. The following is a basic outline of the format each engineering report should follow. This outline is not to be construed to be a constraint on the professional preparing the report, but rather to provide a skeleton framework within which individual approaches to assembling the information required may be accomplished. It also will serve as a means for the City to evaluate the completeness of each report. {1) General Information. A description of the building including: (i) the street address; (ii) the type of occupancy use within the building, with separate uses that generate different occupant loads indicated on a plan showing the square footage of each different use; (iii) plans and elevations showing the location, type and extent of lateral 4 force resisting elements; (iv) a description of the construction materials used in the structural elements and information regarding their present condition; (v) the date, if known, of original construction, and the date, if known, of any subsequent additions or substantial structural alterations of the building; and (vi) the name and address, if known, of the original designer and contractor, and the name and address, if known, of the designer and contractor, for any subsequent additions and substantial structural alterations. (2) Test Reports. All field and laboratory test results shall be included in the report. Evaluation of the significance of these test results shall be made with regard to each structural system or typical connection being evaluated. This evaluation may be limited to a statement of the adequacy or inadequacy of the system or connection based on the lateral load demand it would be required to resist by calculation. If tests reveal inadequacy, a conceptual solution must be included in the report. (3) Conclusions. Based on the demand/capacity ratio a statement shall be provided explaining the overall significance of the deficiencies found to exist in the building's lateral force resisting system regarding potential collapse or partial collapse failure. (4) Recommendations. The preparer of the report shall specify an appropriate solution which could be used to strengthen the structure to alleviate any collapse or partial collapse threat and which reasonably protects the safety of the tenants and the general public. (5) Summary. Each report shall contain a summary in lay language of the conclusions and recommendations and an estimate of the magnitude of costs involved. (c) Review and Acceptance of Reports. The city shall review and accept all reports which meet the requirements and purposes of this chapter. If necessary, the city may utilize the services of civil or structural engineers to assist the building division in determining if the submitted engineering reports conform to the requirements and purposes of this chapter. If the chief building inspector determines that the report does not conform that decision may be appealed pursuant to the procedures in Section 15.28.050(b). 5 (d) Voluntary Retrofit. Should the owner of any building coming within the scope of this chapter voluntarily decide to retrofit the building, the retrofit shall be done in compliance with the engineers plan approved by the city. Section 15.28.060 Violations - Penalties. It is unlawful to fail to comply with the provisions of this chapter. Violation constitutes a misdemeanor, punishable as provided in Chapter 1.24 of this code. In addition, as an alternate or cumulative remedy, the city may pursue any civil remedies available under the law. SECTION 2. CEQA COMPLIANCE. Pursuant to Title 14, Section 15306 of the California Administrative Code, the Council finds that this ordinance is exempt from the requirements of the California Environmental Quality Act in that the ordinance only calls for information gathering and collection. SECTION 3. SEVERABILITY. In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 4. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be published once, with the names of those City Council members voting for or against it, in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced this 25th day of July , 1990 . Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco this 8th day of August , 19 90, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Councilmembers Jack Drago, Gus Nicolopulos, Roberta Cerri Teglia, and Mayor Richard A. Haffey None None Councilmember John R. Penna As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 8th day of August , 19 90.