HomeMy WebLinkAboutCC AG PKT 2008-08-25 #CAGENDA STAFF REPORT
DATE: August 25, 2008
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: ADOPT ORDINANCE NO. 1579, ADDING SECTION
9.60.130, REPAIR AND RECONSTRUCTION OF
DAMAGED STRUCTURES, AND SECTION 9.60.135,
SAFETY ASSESSMENT PLACARDS
SUMMARY OF REQUEST:
Waive further reading and Adopt 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.
BACKGROUND:
The City Council considered this matter on August 11, 2008 and introduced the
subject ordinance. It is now appropriate to adopt the subject ordinance.
FISCAL 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 timely manner.
RECOMMENDATION:
Waive further reading and Adopt 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.
NOTED AND APPROVED:
~"~~.-~
ee,Whittenberg David Carmany
Director of Development Servi es City Manager
Agenda Item C
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. Pumose.
This section amends the California 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
California Health and Safety Code Section 17958.7, express
findings that modifications to the California 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 be 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:
1. 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 Life 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 pertormance 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
specirfied 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 Sxi 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 Wlnd 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 forces 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 Section 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
Existing Buildings
SECTION 2. Title 9, Public Property,
Regulations, Chapter 9.60, Building Code, is
9.60.135, Safety Assessment Placards, to read a:
3403.5.1.1, 3403.5.1.2,
Table 3403.5.1.2,
3403.5.1.3"
Public Works and Building
amended by adding Section
s follows:
"§ 9.60.135 Safety Assessment Placards
A. A~Dlication 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 construed to be a
Ordinance Number 1579
demolition order. The individual who posts such placard shalt 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. It 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)
Ordinance Number 1579
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
(Caution: Aftershocks since inspection
may increase damage and risk)
^ Inspected Exterior and Interior
Report any unsafe condition to local authorities;
reinspection may be required.
Inspector comments:
Facility Name and Address:
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:
Do Not Remove, Alter or Cover this Placard until Authorized by the Building Official
(Municipal Code Section 9.60.135)
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
UNSAFE
DO NOT ENTER OR OCCUPY
(THIS PLACARD IS NOT A DEMOLITION ORDER)
Caution: This structure has been Date:
inspected, found to be seriously damaged Time:
and is unsafe to occupy as described
below:
Do not enter, except as specifically
authorized in writing by the City of
Seal Beach. Entry may result in
death or injury.
Facility Name and Address:
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
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 25th day of AUQUSt , 2008.
ATTEST:
Mayor
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 25th day of Auoust , 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