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HomeMy WebLinkAboutCC AG PKT 2008-08-11 #G• AGENDA STAFF REPORT DATE: August 11, 2008 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: CONSIDERATION OF REPAIR AND RECONSTRUCTION OF DAMAGED STRUCTURES AND SAFETY ASSESSMENT PLACARDS ORDINANCE SUMMARY OF REQUEST: Introduce Ordinance Number 1579, amending the Municipal Code of the City to establish provisions to allow for the timely repair and reconstruction of damaged • structures and enforcement of posting of safety assessment placards. Instruct staff to schedule for second reading and adoption at the next regular City Council meeting. BACKGROUND: f~eoair and ~9econstruction of Daina4ed Structures This ordinance, if adopted prior to a disaster, allows owners of damaged structures to begin the repair process immediately. In turn, this minimizes the amount of time that owners do not have access to their buildings. From a disaster assistance standpoint for public facilities, the Federal Emergency Management Agency ("FEMA") will only provide financial assistance to put damaged structures back into pre-event conditions when appropriate codes and standards are adopted and in place prior to the occurrence of the disaster event. California Buildin4 Code ("CBC") Title 241ssues: Currently, CBC Title 24 does not provide for damaged structures to be repaired or reconstructed to a structurally safe level, accounting for upgrades in wind and seismic standards. The inability to repair structures based upon the most recent • industry knowledge, thus preventing or mitigating future unnecessary damage or injury, is not in the best interest of the community. Agenda Item G Page 2 The adoption by the City of the 2007 CBC by itself does not necessarily • constitute having codes and standards in place. The problem is that the CBC is primarily a code for new construction. The proposed ordinance provides the triggering mechanisms that will allow building owners to use the appropriate sections of CBC and remain eligible for FEMA Public Assistance. The triggering mechanisms proposed in the ordinance are similar to those used by many jurisdictions to address buildings damaged by fires. Another key aspect of this ordinance is the provision that allows a different level of repair to be used if proposed in an engineering evaluation and approved by the building official. This gives the design professional the leeway necessary to appropriately address not only the specific damage but also the reason for that damage. It should also be pointed out that this ordinance proposes more restrictive requirements for essential service facilities than for other occupancies. This is in accord with the provisions of the current CBC regarding the higher standards required for such facilities. This ordinance addresses historic buildings separately. This ensures that Historical Buildings receive the treatment they are due in order to protect them. Careful attention should be provided so that required repairs maintain the integrity of the structure without adversely affecting its historic nature. • Other sections of the ordinance address the types of buildings or structures that are typically vulnerable to earthquakes. In some cases, these buildings have been damaged several times and inadequately repaired in the absence of this ordinance. Assuring proper repairs will reduce the likelihood of future damage. Robert T. Stafford Disaster Relief and EmerQency Assistance Act ("Stafford Act" The Stafford Act, as amended, authorizes the Federal Emergency Management Agency (FEMA) to fund the repair and restoration of eligible government and non-profit facilities damaged in a Presidential declared disaster. Section 406(e) of the Stafford Act requires that the repair and restoration be "on the basis of the design of such facility as it existed immediately prior to the major disaster and in conformity with current applicable codes, specifications and standards." In 1998, FEMA interpreted this statute in Federal Regulations in 44 CFR 206.226(d): "To the extent a code or standard requires changes to the pre- disaster construction of a facility when it is being repaired or restored, those changes will only be eligible for FEMA funding if the • code meets the following five specific criteria: Page 3 • (1) Apply to the type of repair or restoration required (standards maybe different for new construction and repair work); (2) Be appropriate to the pre-disaster use of the facility; (3) Be found reasonable, in writing and formal/y adopted and implemented by the state or local Qovernment on or before the disaster declaration date or be a legal federal requirement applicable to the type of restoration; (Emphasis added) (4) Apply uniformly to all similar types of facilities within the jurisdiction of owner of fhe facility; and (5) For any standard in effect: at the time of a disaster, it must have been enforced during the time it was in effect." More recently, FEMA has issued several interpretations of the above regulations paraphrased below: 1) Repair ordinances must apply "uniformly", that is to all occupancies regardless of the funding source, the owner, or the regulator. FEMA intends to play one disaster grant applicant off the other if regulations are not entirely applicable or enforced uniformly. FEMA does not consider Appendix Chapter 34 Division III of the 1997 Uniform Building Code ("UBC") to be eligible since it applies only to "natural" disasters. • Therefore, FEMA insists that repair ordinances apply to both natural and man-made damage repairs for funding eligibility. 2) Repair ordinances must also apply both before and after disasters regardless of whether or not it is a Federally declared disaster. This interpretation by FEMA could render in question any ordinance that is triggered by a locally declared emergency for funding eligibility if FEMA finds it does not uniformly apply or is unreasonable. Repair ordinances that are triggered by locally declared emergencies have not yet been evaluated by FEMA to determine if they comply with its regulations and its interpretations. At this time, FEMA supports the intent of the International Existing Building Code (IEBC), which applies to all repairs regardless of the cause, or whether or not local or federally declarations of disaster or emergency exist.. 3) The reasonableness clause of FEMA's regulations has also been the subject of FEMA's interpretations. FEMA recognizes IEBC because FEMA has been actively pursuing code change proposals with it at the national level, but if FEMA deems that a locally or state generated regulation is unreasonable, FEMA reserves the right to initially deny requests for Public Assistance funds on that basis. This has been the case with some Disaster Service Reports (DSR's) that rely on the • California Historical Building Code (CHBC) as a basis for determining costs to repair damage to public facilities. FEMA has initially ruled against Page 4 the eligibility of Public Assistance funds that use the CHBC on the basis of • lack of reasonableness. Applicants have then been forced to appeal in these cases. This creates in delays in funding and repairs. The proposed provisions relative to this matter are based on a model ordinance developed by the California Building Officials, and are set forth in Section 1 of proposed Ordinance No. 1579. SafetyAssessinent P/aca~ds.• The City utilizes the Applied Technology Council (ATC) safety assessment placards for designation of the safety of structures that have experienced damage during a major emergency response event such as earthquake, fire, flood, etc. These placards were first used in California after the Loma Prieta earthquake in 1989. A panel was convened by the Applied Technology Council to review ATC-20 and update the document based on the Loma Prieta experience. One of the major revisions to come from that panel was to revise the three placards. These revised placards have been included in the Post-Disaster Safety Assessment Program, and are currently utilized as the basis for our local placards. Seal Beach has never officially adopted the safety assessment placards. Technically, these unofficial placards represent only a recommendation from • those who performed the evaluation. As a recommendation, the safety assessment placards do not carry the weight of law and cannot be enforced. Adopting the safety assessment placards by ordinance will make them official and enforceable. In some past emergency response events in California, there have been a number of reports of placards being removed from buildings by owners or tenants. In other cases, there have been reports of the unauthorized change of placards, usually from UNSAFE to one of the other categories. In both cases, adopting placards by ordinance allows the jurisdiction to enforce the posting with local law enforcement personnel if necessary. It should be remembered that only authorized representatives of the jurisdiction may place official safety assessment placards. For this reason, the Post- Disaster Safety Assessment Program (SAP) recommends that the safety assessment evaluators be deputized. If this is done, evaluators can place official jurisdiction placards when they complete their evaluations. If evaluators are not deputized, the jurisdiction must send out its personnel to post the buildings. In accordance with Article 17, Section 8657(b) of the California Emergency Services Act, local government is not financially responsible for providing the volunteers with worker's compensation coverage if the jurisdiction deputizes volunteers. The volunteering Safety Assessment Evaluators are registered with • OES as Disaster Service Worker Volunteers and are provided worker's Page 5 • compensation coverage by the State of California. local government employees are covered by thei respond under mutual aid agreements. Evaluators who are State or r respective jurisdiction and The proposed revisions relative to this matter are based on a model ordinance developed by the California Building Officials, and are set forth in Section 2 of proposed Ordinance No. 1579. FINANCIAL IMPACT: There is minimal fiscal impact to the City with adoption of the ordinance. The ordinance provisions would have positive fiscal effects on owners of damaged structures by allowing for possible FEMA reimbursement in a more timely manner. RECOMMENDATION: Waive further reading and introduce Ordinance Number 1579, An Ordinance of the City of Seal Beach Adding Section 9.60.130, Repair and Reconstruction of Damaged Structures, and Section 9.60.135, Safety Assessment Placards, to the Seal Beach Municipal Code. Instruct staff to schedule for second reading and adoption at the next regular City Council meeting. SUBMITTED BY: NOTED AND APPROVED: e Whittenberg, Director Department of Development Services r/~ ~1 David Carman ,City Manager Darik Doggett B~Ikling Official Attachments: A. Ordinance Number 1579 • Page 6 ATTACHMENT 1 ORDINANCE NUMBER 1579, AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING SECTION 9.60.130, REPAIR AND RECONSTRUCTION OF DAMAGED STRUCTURES, AND SECTION 9.60.135, SAFETY ASSESSMENT PLACARDS, TO THE SEAL BEACH MUNICIPAL CODE • ORDINANCE NUMBER 1579 • AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING SECTION 9.60.130, REPAIR AND RECONSTRUCTION OF DAMAGED STRUCTURES, AND SECTION 9.60.135, SAFETY ASSESSMENT PLACARDS, TO THE SEAL BEACH MUNICIPAL CODE ' THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 9, Public Property, Public Works and Building Regulations, Chapter 9.60, Building Code, is amended by adding Section 9.60.130, Repair and Reconstruction of Damaged Structures, to read as follows: °§ 9.60.130 Repair and Reconstruction of Damaged Structures. A. Purpose. This section amends the Galifiomia Building Standards Code as adopted by the City by establishing regulations for the expeditious repair of damaged structures. In the event that an amendment to the California Building Standards Code results in conflict between this section and the California Building Standards Code, the text of this section shall govern. In accordance with Califomia Health and Safety Code Section 17958.7, express findings that modifications to the Califomia Building Standards Code are reasonably necessary because of local climatic, • geological or topographical conditions are either already on file with the California Building Standards Commission, or will be filed prior to the effective date of the ordinance codified in this Chapter. B. Definitions. For the purposes of this section, the following definition applies and is hereby added to Section 3402.1, Definitions, of the 2007 California Building Code (CBC): "Substantial Structural Damage: a condition where: 1. In any story, the vertical elements of the lateral-force- resisting system, have suffered damage such that the lateral load- carrying capacity of the structure in any direction has been reduced by more than 20 percent from its pre-damaged condition, or 2. The capacity of any vertical gravity load-carrying component, or any group of such components, that supports more than 30 percent of the total area of the structure's floor(s) and roof(s) has been reduced more than 20 percent from its pre- damaged condition, and the remaining capacity of such affected elements with respect to all dead and live loads is less than 75 percent of that required by the building code for new buildings of similar structure, purpose, and location. C. Repairs. For the purposes of this section, the ~• following repair requirements are hereby added as a new • Subsection 3403.5 Repairs, to Section 3403 Additions, Alterations or Repair of the 2007 California Building Code: Ordinance Number 1579 "3403.5 Repairs. Repairs of structural elements shall comply with this section. 3403.5.1 Seismic evaluation and design. Seismic evaluation and design of an existing building and its components shall 6e based on the following criteria. 3403.5.1.1 Evaluation and design procedures. The seismic evaluation and design shall be based on the procedures specified in the building code, ASCE 31 Seismic Evaluation of Existing Buildings (for evaluation only) or ASCE 41 Seismic Rehabilitation of Existing Buildings. The procedures contained in Appendix A of the Intemational Existing Building Code shall be permitted to be used as specified in Section 3403.5.1.3. 3403.5.1.2 CBC level seismic forces. When seismic forces are required to meet the building code level, they shall be one of the following: 100 percent of the values in the building code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R factor specified for structural systems classified as "Ordinary" unless it can be demonstrated that the structural system satisfies the proportioning and detailing requirements for systems classified as "Intermediate" or "Special". 2. Forces corresponding to BSE-1 and BSE-2 Earthquake Hazard Levels defined in ASCE 41. Where ASCE 41 is used, the corresponding performance levels shall be those shown in Table 3403.5.1.2. TABLE 3403.5.1.2 ASCE 41 and ASCE 31 PERFORMANCE LEVELS OCCUPANCY PERFORMANCE LEVEL PERFORMANCE LEVEL CATEGORY FOR USE WITH ASCE 31 FOR USE WITH (BASED ON AND WITH ASCE 41 ASCE 41 BSE-2 IBC TABLE BSE-1 EARTHQUAKE EARTHQUAKE HAZARD 1604.5) HAZARD LEVEL LEVEL I L'rfe Safety (LS) Collapse Prevention (CP) II Life Safety (LS) Collapse Prevention (CP) III See note (a) See note (a) IV Immediate Occupancy (10) Life Safety (LS) Note (a): Pertormance Levels for Occupancy Category III shall be taken as halfway between the performance levels specified for Occupancy Category II and Occupancy Category IV. 3403.5.1.3 Reduced CBC level seismic forces. When seismic forces are permitted to meet reduced building code levels, they shall be one of the following: 75 percent of the forces prescribed in the building code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R factor as specified in Section 3403.5.1.2. 2. in accordance with the applicable chapters in Appendix A of the Intemational Existing Building Code as specified in Items 2.1 through 2.5 below. Structures or portions of structures that comply with the requirements of the • • Ordinance Number 1579 applicable chapter in Appendix A shall be deemed to comply with the requirements for reduced building code • force levels. 2.1. The seismic evaluation and design of unreinforced masonry bearing wall buildings in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A1. 2.2. Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A2. 2.3. Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings of light- frame wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A3. 2.4. Seismic evaluation and design of soft, weak, or open-front wall conditions in multiunit residential buildings of wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A4. 2.5. Seismic evaluation and design of concrete buildings and concrete with masonry infill buildings • in all Occupancy Categories are permitted to be based on the procedures specified in Appendix Chapter A5. 3. In accordance with ASCE 31 based on the applicable performance level as shown in Table 3403.5.1.2. 4. Those associated with the BSE-1 Earthquake Hazard Level defined in ASCE 41 and the performance level as shown in Table 3403.5.1.2. Where ASCE 41 is used, the design spectral response acceleration parameters Sxs and Sx1 shall not be taken less than 75 percent of the respective design spectral response acceleration parameters SDS and SD1 defined by the International Building Code and its reference standards. 3403.5.1.4 Wind Design. Wind design of existing buildings shall be based on the procedures specified in the building code. 3403.5.2 Repairs to damaged buildings. Repairs to damaged buildings shall comply with this section. 3403.5.2.1 Unsafe conditions. Regardless of the extent of structural damage, unsafe conditions shall be eliminated. 3403.5.2.2 Substantial structural damage to vertical elements of the lateral-force-resisting system. A building that has sustained substantial structural damage to the vertical • elements of its lateral-force-resisting system shall be evaluated and repaired in accordance with the applicable provisions of Section 3403.5.2.2.1 through 3403.5.2.2.3. Ordinance Number 1579 3403.5.2.2.1 Evaluation. The building shall be evaluated by a registered design professional, and the evaluation findings shall be submitted to the Building Official. The evaluation • shall establish whether the damaged building, if repaired to its pre-damage state, would comply with the provisions of the building code. Wind foroes for this evaluation shall be those prescribed in the building code. Seismic forces for this evaluation are permitted to be the reduced level seismic forces specified in Code Section 3403.5.1.3. 3403.5.2.2.2 Extent of repair for compliant buildings. If the evaluation establishes compliance of the pre-damage building in accordance with Section 3403.5.2.2.1, then repairs shall be permitted that restore the building to its pre- damage state, using materials and strengths that existed prior to the damage. 3403.5.2.2.3 Extent of repair for non-compliant buildings. If the evaluation does not establish compliance of the pre- damage building in accordance with Section 3403.5.2.2.1, then the building shall be rehabilitated to comply with applicable provisions of the building code for load combinations including wind or seismic forces. The wind design level for the repair shall be as required by the building code in effect at the time of original construction unless the damage was caused by wind, in which case the design level shall be as required by the code in effect at the time of original construction or as required by the building code, whichever is greater. Seismic forces for this rehabilitation design shall be those required for the design of the predamaged building, but not less than the reduced level • seismic forces specified in Section 3403.5.1.3. New structural members and connections required by this rehabilitation design shall comply with the detailing provisions of the building code for new buildings of similar structure, purpose, and location. 3403.5.2.3 Substantial structural damage to vertical load- carrying components. Vertical load-carrying components that have sustained substantial structural damage shall be rehabilitated to comply with the applicable provisions for dead and live loads in the building code. Undamaged vertical load- carrying components that receive dead or live loads from rehabilitated components shall also be rehabilitated to carry the design loads of the rehabilitation design. New structural members and connections required by this rehabilitation design shall comply with the detailing provisions of the building code for new buildings of similar structure, purpose, and location. 3403.5.2.3.1 Lateral force-resisting elements. Regardless of the level of damage to vertical elements of the lateral force-resisting system, if substantial structural damage to vertical load-carrying components was caused primarily by wind or seismic effects, then the building shall be evaluated in accordance with Secticn 3403.5.2.2.1 and, if non- compliant, rehabilitated in accordance with Section 3403.5.2.2.3. 3403.5.2.4 Less than substantial structural damage. For • damage less than substantial structural damage, repairs shall be allowed that restore the building to its pre-damage state, using materials and strengths that existed prior to the damage. Ordinance Number 1579 New structural members and connections used for this repair • shall comply with the detailing provisions of the building code for new buildings of similar structure, purpose, and location. 3403.5.3 Referenced Standards. Standard Reference Referenced in Code Number Title Section Number ASCE 31-03 Seismic Evaluation of Existing 3403.5.1.1, Table Buildings 3403.5.1.2, 3403.5.1.3 ASCE 41-06 Seismic Rehabilitation of 3403.5.1.1, 3403.5.1.2, Existing Buildings Table 3403.5.1.2, 3403.5.1.3" SECTION 2. Title 9, Public Property, Public Works and Building Regulations, Chapter 9.60, Building Code, is amended by adding Section 9.60.135, Safety Assessment Placards, to read as follows: "§ 9.60.135 Safety Assessment Placards A. Aaolication of Provisions. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Seal Beach. The City Council may extend the provisions as necessary. B. Definitions. • For the purposes of this section, the following definition applies: 1. Safety Assessment a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy. C. Safety Assessment Placards. 1. The following Safety Assessment Placards shall be used to designate the condition for continued occupancy of buildings or structures. a. "INSPECTED - Lawful Occupancy Permitted" shall be posted on any building or structure wherein no apparent structural hazard has been found and shall not mean that there is no damage to the building or structure. b. "RESTRICTED USE" shall be posted on each damaged building or structure wherein the damage has resulted in some form of restriction to the continued occupancy. The Restricted Use placard shall contain a general description of the type of damage encountered and shall clearly and concisely note the restrictions on continued occupancy. c. "UNSAFE - Do Not Enter or Occupy" shall be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life, • health, or safety. No person or persons shall enter a building or structure on which such a placard has been posted under any circumstance except safety assessment teams or persons authorized in writing by the Building Official. The "unsafe - Do Not Enter or Occupy" placard shall not to be used or constnaed to be a Ordinance Number 1579 demolition order. The individual who posts such placard shall note thereon in general terms the type of damage encountered. • 2. Every Safety Assessment Placard shall cite this section number, and include the City's name, address, and phone number. 3. Once a Safety Assessment Placard has been attached to a building or structure, it shall not be removed, altered or covered except by an authorized representative of the Building Official. ft shall be unlawful for any person, firm, or corporation to alter, remove, cover, obscure, or deface a Safety Assessment Placard unless authorized pursuant to this section. 4. The form of Safety Assessment Placard shall be substantially the same as follows: (Intentionally Left Blank) • • • • INSPECTED LAWFUL OCCUPANCY PERMITTED This structure has been inspected (as indicated Date: below) and no apparent structural hazard has been found. Time: ^ Inspected Exterior Only ^ Inspected Exterior and Interior Report any unsafe condition to local authorities; reinspection may be required. Inspector comments: Facility Name and Address: (Caution: Aftershocks since inspection may increase damage and risk) This facility was inspected under emergency conditions by: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 (562) 431-2527 Inspector I D/Agency: Do Not Remove, Alter or Cover this Placard until Authorized by the Building Official (Municipal Code Section 9.60.135) DS -Ord #1579 - Repair and Reconstruction - Placards.2 RESTRICTED USE Caution: This structure has been inspected and found to be damaged as described below: Entry, occupancy, and lawful use are restricted as indicated below ^ Do not enter the following areas: ^ Brief entry allowed for access to contents: ^ Other restrictions: Date: Time: (Caution: Aftershocks since inspection may increase damage and risk) This facility was inspected under emergency conditions by: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 (562) 431-2527 Inspector ID/Agency: Facility Name and Address: Do Not Remove, Alter or Cover this Placard until Authorized by the Building Official (Municipal Code Section 9.60.135) DS -Ord #1579 -Repair and Reconstruction - Placards.2 • • • • • UNSAFE DO NOT ENTER OR OCCUPY (THIS PLACARD IS NOT A DEMOLITION ORDER) Caution: This structure has been inspected, found to be seriously damaged and is unsafe to occupy as described below: Do not enter, except authorized in writing Seal Beach. Entry death or injury. Facility Name and Address: as specifically by the City of may result in Date: Time: This facility was inspected under emergency conditions by: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 (562) 431-2527 Inspector I D/Agency: Do Not Remove, Alter or Cover this Placard until Authorized by the Building Official (Municipal Code Section 9.60.135 DS -Ord #1579 -Repair and Reconstruction - Placanis.2 Ordinance Number 1579 SECTION 3. If any section, subsection, subdivision, paragraph, sentence, • clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of .2008. Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California do hereby certify that the foregoing Ordinance was introduced for first reading at a meeting held on • the 11th day of Auaust , 2008 and was passed, approved and adopted by the City Council at a meeting held on the day of 2008 by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: And do hereby further certify that Ordinance Number 1579 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk C