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HomeMy WebLinkAbout1103 building codesORDINANCE NO. 1103 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING PORTIONS OF DIVISION 3, CHAPTERS 1 AND 2 OF THE UKIAH CITY CODE, PERTAINING TO THE ADOPTION OF THE BUILDING CODES AND AMENDMENTS THEREOF. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Ukiah City Code Sections 3000 - 3013, 3015 - 3016, 3030, 3040, 3051, 3071, 3074 - 3076 and 3079 being part of Division 3, Chapters 1 and 2, of the Ukiah City Code, are hereby amended or repealed as follows. § 3000: ADOPTION OF MODEL CODES: Except as amended or modified by other provisions of this Division, the City Council hereby adopts by reference and makes effective within the City the following: the versions of the Model codes and specific appendices, as listed and defined in Sections 3001 through 3010 of this Chapter, which have been adopted by the State of California within title 24 of the California Code of Regulations, as they are adopted, amended, or repealed from time to time pursuant to Chapter 2 of Part 1.5 of Division 13 of the Health and Safety Code (commencing with section 17910) including the California Administrative Code, California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Elevator Safety Construction Code, California Historical Building Code, California Existing Building Code, and the California Referenced Standards Code. § 3001: CALIFORNIA ADMINISTRATIVE CODE: The term "California Administrative Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Administrative Code" with the year of the edition designated. § 3002: CALIFORNIA BUILDING CODE: The term "California Building Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Building Code" including the following appendices: Chapter 1 (Administration), H (Signs) and J (Grading) with the year of the edition designated. § 3003: CALIFORNIA ELECTRICAL CODE: The term "California Electrical Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Electrical Code" with the year of the edition designated. § 3004: CALIFORNIA MECHANICAL CODE: The term "California Mechanical Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Mechanical Code" including the following appendices: Chapter 1 (administration), A (Uniform Mechanical Codes Standards) and B (Procedures to be followed to place Gas Equipment in Operation) with the year of the edition designated. § 3005: CALIFORNIA PLUMBING CODE: The term "California Plumbing Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Plumbing Code" including the following appendices: Chapter 1 (Administration), A (Recommended Rules for Sizing the Water Supply System), B (Explanatory Notes on Combination Waste and Vent Systems), D (Sizing Storm water Drainage Systems), E (Manufactured/Mobile Home Parks and Recreational Vehicle Parks), I (Installation Standards), K (Private Sewage Disposal Systems) with the year of the edition designated. § 3006: CALIFORNIA ENERGY CODE: The term "California Energy Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Energy Code" including Appendix 1-A with the year of the edition designated. § 3007: CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE: The term "California Elevator Safety Construction Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Elevator Safety Construction Code" with the year of the edition designated. § 3008: CALIFORNIA HISTORICAL BUILDING CODE: The term "California Historical Building Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Historical Building Code" including Appendix A with the year of the edition designated. 2 § 3009: CALIFORNIA EXISTING BUILDING CODE APPENDIX CHAPTER A1: The term "California Existing Building Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Existing Building Code Appendix Chapter Al"with the year of the edition designated. § 3010: CALIFORNIA REFERENCED STANDARDS CODE: The term "California Referenced Standards Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Referenced Standards Code' with the year of the edition designated. § 3011: JURISDICTION: The term "Jurisdiction" or "This Jurisdiction" as used in any of the model codes herein adopted shall mean the City of Ukiah. § 3012: ADMINISTRATIVE AUTHORITY: The term "Administrative Authority" as used in any of the model codes herein adopted shall mean the Building Official of the City. § 3015: EXCLUSION: The provisions of this Chapter shall not apply to any project under the control and jurisdiction of the City of Ukiah, the County of Mendocino, the State of California or the United States unless, and to the extent, the contract or specifications for a particular project specifies compliance with this Chapter or any of the model codes adopted herein. § 3016: MODIFICATIONS TO THE CALIFORNIA BUILDING CODE: A. The section of the California Building Code, relating to applications for building permits is modified to require in an application to demolish a building, the date when the building was first constructed, if known. The terms "demolish" or "demolition," as used in this section, shall mean (1) the tearing down of all or part of a building or (2) the cumulative alteration of a building pursuant to one or more building permits issued over a five year period, where 50% or more of the structural or exterior components of the building are removed or replaced. The review required by this section shall occur with the application for the permit that (1) results in the tearing down of all or part of the building or (2) authorizes the cumulative alteration of the building that equals or exceeds the specified percentage. B. The section of the California Building Code, relating to the issuance of a building permit, is modified to require that, as to buildings constructed fifty (50) years or more prior to the date of application, the Director of Planning or his/her designee shall determine whether: 1. The building is an accessory building such as, but not limited to, a garage, storage shed, or carport, whether attached or detached to a main building; except that certain accessory buildings, such as carriage houses, which are presumed to have historic or architectural significance shall be subject to further review as provided in subsection D of this Section, unless the building is subject to demolition under subsection B2 of this Section. 2. Immediate demolition of the building is necessary to protect the public health or safety and the failure to immediately demolish the building would constitute a serious threat to the public health or safety. C. If subsection B1 or B2 of this Section applies to the building, no further review shall be required under this Section and the permit shall be issued in accordance with the provisions of the California Building Code. D. If the Planning Director finds that neither of the exceptions in subsection B1 or B2 of this Section applies to the building, a building permit to demolish a building shall be subject to further review in accordance with this Section. The Planning Director shall transmit the proposal to the Demolition Review Committee, or other official reviewing body established by the City Council, for review, comment, and a recommendation to the City Council. Once the Demolition Review Committee formulates a recommendation concerning the disposition of the proposed permit, the Planning Director shall schedule and duly notice the matter for a public hearing and decision by the City Council. The public noticing shall indicate the day, time, place, and purpose of the public hearing, and how additional information about the subject matter can be obtained. The public noticing shall be accomplished in the following manner: 1. Publication in a newspaper of general circulation in the City at least ten (10) days prior to the hearing. 2. Mailing or delivery at least ten (10) days prior to the hearing to the owner(s) of the subject property, or his/her agent, and to the project applicant, if the applicant is not the owner. 4 3. First class mail notice to all owners (as shown on the latest available Mendocino County Tax Assessor's equalized assessment roll) of property within three hundred feet (300') of the subject property. E. In reviewing proposed permits, and formulating recommendations to the City Council, the Demolition Review Committee shall consider any information provided during the meeting, and shall use the following criteria. The structure: 1. Has a special or particular quality such as oldest, best example, largest, or last surviving example of its kind; or 2. Exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, or architectural history; or 3. Is strongly identified with persons or events significant in local, State, or national history. F. If the Demolition Review Committee finds that any of the criteria listed in subsection E of this Section apply to the building proposed for demolition, it shall recommend denial of the permit to the City. G. 1. The City Council shall conduct a public hearing pursuant to subsection D of this Section to consider the recommendation of the Demolition Review Committee, and to determine if any of the criteria listed in subsection E of this Section applies to the building proposed for demolition. If the City Council determines that any one of the criteria applies, it shall make a corresponding finding to that effect. 2. At the hearing, the applicant shall have the opportunity to present evidence that a viable market does not exist for the building, taking into account the condition of the building, the probable cost to put the building into marketable condition, and the uses of the property allowed under existing or probable future zoning regulations. The City Council shall consider such evidence offered by the applicant and any other information presented at the meeting by any interested party or by staff, to determine whether or not a viable market exists. "Viable market" means that it is reasonably likely that the building could be sold within a commercially reasonable period of time for more than the seller would be required to invest in the purchase of the property and preparing the property for sale, or that the property could produce a reasonable return on the amount of money it would take to purchase the property and prepare the building for income producing purposes. "Reasonable return" means the average rate of return on real estate investments in the Ukiah Valley. 3. If the City Council determines that a viable market exists: a. It shall so notify the Building Official who shall not issue the permit. The City Council shall determine whether a viable market exists based on substantial evidence presented at the hearing, or, it may assume that a viable market exists, if the applicant fails to present substantial evidence that a viable market does not exist; b. Not more than once within any twelve (12) month period, the applicant may submit a new application for a permit and the City Council may reconsider whether a viable market exists: (1) Upon a showing by the applicant that market conditions have changed; or (2) Based upon new information that in the exercise of reasonable diligence the applicant could not have produced at the first hearing. 4. If the City Council determines, based on substantial evidence, that a viable market does not exist, the issuance of the permit shall be stayed for a period of ninety (90) days. a. During that ninety (90) day period, the City shall do the following: (1) Determine whether other alternatives to demolition exist, which are acceptable to the applicant, that would preserve the historic, architectural or cultural significance of the building; (2) Determine whether funds are available from any private source for the acquisition and preservation of the building through a negotiated purchase on terms acceptable to the applicant; or (3) If sufficient funds are available from any private source and a negotiated purchase is not possible, determine whether to acquire the building through eminent domain. b. If within the ninety (90) days, the City does not reach agreement with the applicant or commence acquisition of the building, the Building Official may issue the permit in accordance with the provisions of the California Building Code. c. If within the ninety (90) day period, the City either: 1) reaches agreement with the applicant or 2) commences acquisition of the building, the Building- Official shall not issue the permit. d. However, the Building Official shall continue to process the application for the permit in accordance with the California Building Code, if the City and the applicant terminate their agreement or the City fails to diligently pursue or abandons acquisition of the building. e. The City Manager or his/her designee shall inform the Building Official whenever the City and the applicant terminate their agreement or the City fails to diligently pursue or abandons acquisition of the building. f. If the Building Official has issued a permit under this subsection and the permittee applies to extend the permit an additional one hundred eighty (180) days in accordance with the applicable provisions of the California Building Code then in effect, the Building Official shall refer the application to the City Manager for an initial determination as to whether market conditions have changed. The City Manager shall make the determination within ten (10) days after the application is referred by the Building Official. If the City Manager determines that market conditions may have changed and that a viable market may exist for the property, he or she shall schedule the matter for a hearing before the City Council to be noticed and conducted in accordance with subsections D and G of this Section. However, at the hearing the City shall have the burden of proving by a preponderance of the evidence that market conditions have changed and a viable market exists. If the City Manager determines that market conditions have not changed, he or she shall so notify the Building Official and the applicant. Upon such notification, the Building Official shall further process the application to extend the term of the permit in accordance with the requirements of the California Building Code then in effect. If the City Council conducts a hearing upon referral by the City Manager, the City Clerk shall provide written notification to the Building Official and the applicant of the City Council decision. If the City Council decides that a viable market exists, the Building Official shall not issue the permit, but the provisions of subsection Gab of this Section shall apply. If the City Council decides that a viable market does not exist, the Building Official immediately shall proceed to further process the application in accordance with the applicable provisions of the California Building Code then in effect. 5. "Diligently pursue acquisition" means taking all steps within the time required by law to acquire the building by eminent domain. 6. References to "applicant" herein shall include the building owner. H. The Planning Director shall provide a written notice of the City Council determination to the applicant. The written notification shall be mailed or hand delivered within five (5) days from the date of the City Council's decision. The notice shall include the finding(s) and decision made by the City Council and a copy of this Section. I. The applicant for a permit for a building determined to have historic, architectural or cultural significance shall salvage the building materials for reuse to the maximum extent feasible, and shall ensure that upon completion of the demolition, the site is left in a safe, presentable, and clutter free condition. J. Reconsideration of Decisions: 1. Grounds For Reconsideration: The City Council may reconsider a decision under this Section within sixty (60) calendar days from the date the decision was made, if information that may have materially affected the decision was: a) misrepresented by the applicant, orb) not disclosed by the applicant, if the applicant knew or should have known that the information may have affected the City Council decision. "Information" as used herein means matters of fact or law. A decision may not be reconsidered, if all three (3) of the following have occurred. The permit: a) has been issued, b) did not at the time it was issued violate any provision of the California Building Code, as adopted by the City, or any other City ordinance or State or Federal law, and c) the permittee has commenced demolition in good faith reliance on the permit. 2. Procedure on Reconsideration: Reconsideration of a decision under this Section may be placed on the agenda for a regular City Council meeting by any member of the City Council who voted in favor of the original decision. Notice of any meeting where reconsideration is on the agenda shall be provided in accordance with subsection D of this Section. If already issued, the permit shall be suspended from the date that an eligible City Council member requests that the matter be placed on the agenda and until the City Council makes a final decision upon reconsideration. The Building Official shall notify the applicant in writing of the permit suspension. At the meeting, the City Council shall determine, based on evidence provided to the City prior to or during the meeting, whether reconsideration is permitted under subsection J1 of this Section. Any motion to reconsider the decision shall contain findings supported by substantial evidence. If upon reconsideration the City Council makes a different decision, the City Clerk shall provide notice of that decision to the Building Official and the applicant/permittee within five (5) working days after the decision is made. If, upon reconsideration, the City Council determines that a building has historic, architectural, or cultural significance, and the Building Official has issued a permit based on the previous decision, the Building Official shall revoke the permit. If 8 the previously issued permit has expired, the Building Official shall deny an application for a new permit, unless the permit is issued in accordance with subsection G4 of this Section. § 3030: CALIFORNIA BUILDING CODE APPENDIX CHAPTER 1 SECTION 105.5 IS AMENDED AS FOLLOWS: Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void unless a required inspection is received and signed off within 180 days after its issuance or within 180 days of the last received and signed off inspection. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing by the permittee prior to the permit expiration and justifiable cause demonstrated. If a permit expires, the permittee may apply to reinstate the permit, subject to a fee established from time to time by resolution of the City Council. § 3040: REPEALED § 3051: REPEALED § 3071: PROVISIONS IN COMPLIANCE WITH GOVERNMENT CODE SECTIONS 8875-8875.5: The provisions of this Chapter are intended to establish minimum standards for structural seismic resistance as provided in the California Existing Building Code and the California Historical Building Code While compliance with these standards is intended to improve the performance of potentially hazardous buildings in an earthquake, such compliance will not necessarily prevent the loss of life or injury or prevent earthquake-related damage to rehabilitated buildings. This Chapter does not address buildings that contain only non-bearing masonry walls or buildings constructed of non-masonry materials. § 3074: DEFINITIONS: For the purpose of this Chapter the following definitions shall apply: A. "Potentially hazardous building" -shall mean any building constructed prior to the adoption by the city of Ukiah of the California Building Code provisions requiring earthquake-resistant design of buildings and constructed of unreinforced masonry bearing walls. B. "Unreinforced masonry bearing wall" -shall mean a masonry wall having all of the following characteristics: 9 1. Provides the vertical support for a floor or roof. 2. The total superimposed load is over 100 pounds per linear foot. 3. The area of reinforcing steel is less than fifty percent (50%) of that required by the California Building Code for reinforced masonry. C. "Owner" -shall mean the owner of real property as shown on the last equalized assessment roll maintained by the Mendocino County Assessor. § 3075: ADOPTION OF THE CALIFORNIA EXISTING BUILDING CODE AND THE CALIFORNIA HISTORICAL BUILDING CODE: The structural provisions of the California Existing Building Code and the California Historical Building Code, as they read on the effective date of this ordinance and as they are amended from time to time, together with any exclusions and modifications set forth in this Chapter, are hereby adopted by reference and shall apply to all potentially hazardous buildings with unreinforced masonry bearing walls. All such buildings must comply with the structural provisions of said code and the recommendations contained in the Earthquake Safety Reports required by §3077 of this Code in accordance with a Compliance Schedule that shall be adopted by resolution of the City Council. Upon adoption of said resolution, the City shall notify by regular first class mail the owners of all potentially hazardous buildings. § 3076: ESTABLISHMENT OF POTENTIALLY HAZARDOUS BUILDINGS LIST: The City Building Official or his designate shall systematically compile and maintain a list of all potentially hazardous buildings constructed with unreinforced masonry bearing walls ("Potentially Hazardous Buildings List"). The owners of all buildings placed on the list shall be notified by regular first class mail that their buildings have been included on the list. Once a building is designated as potentially hazardous and is included on the Potentially Hazardous Buildings List, the building owner or agent thereof shall: A. File with the City Building Official a written engineering survey and evaluation ("Earthquake Safety Report") subject to the approval of the Building Official within a time period not to exceed two (2) years from the date of notification pursuant to this Section. The Earthquake Safety Report shall be obtained by the property owner and conducted by a civil or structural engineer or 10 architect licensed by the State of California who is knowledgeable in earthquake resistant design. The Earthquake Safety Report shall determine the feasibility of rehabilitating the building to meet, at a minimum, the structural standards of the California Existing Building Code and the California Historical Building Code, including a description of the buildings ability to resist seismic activity and a reasonably detailed description of the changes recommended by the engineer or architect to improve the ability of the building to resist damage in an earthquake and, at a minimum, to meet the structural standards of the California Existing Building Code and the California Historical Building Code. The report must contain sufficient factual detail and engineering analysis to allow independent review and evaluation by a competent professional. B. Until made to comply with the provisions of the California Existing Building Code and the California Historical Building Code adopted in this Chapter, post an 8" x 10" minimum sign in a conspicuous location in or on the building which is in public view at all times. The sign shall have the first two words of the following statement printed in 50-point bold type and the remaining words in at least 30- point type. The text shall read as follows: "EARTHQUAKE WARNING this is an unreinforced masonry building. You may not be safe inside or near unreinforced masonry buildings during an earthquake." If the Earthquake Safety Report concludes that a building is so hazardous that it cannot be feasibly rehabilitated to meet the standards of the California Existing Building Code and the California Historical Building Code, abatement proceedings shall be initiated to require demolition of the building as provided in §§3300-3310 of this Code, and thereafter the building shall be removed from the Potentially Hazardous Buildings List. § 3079: APPEAL: Any owner dissatisfied with a determination under this Chapter, including the Compliance Schedule affecting his or her property or the inclusion of the owner's building on the Potentially Hazardous Buildings List shall have the right to appeal that decision to the City Council or, in the City Council's discretion, to the Board of Appeals established under the California Building Code. A. The owner must file a written notice of appeal with the City Clerk within thirty (30) days of the date when the notice of decision appealed from is deposited in the U.S. Mail or personally delivered to the owner. B. The City Council or Board of Appeals must render its decision within sixty (60) days of the date when the written notice of appeal is filed with the city clerk. 11 C. The appellant shall have the right to appear personally and be represented at a hearing on the appeal of which the appellant must be given ten (10) days' prior written notice. After conducting the hearing, the City Council or Board shall render a decision in writing which shall be based on the evidence and argument received during the hearing. The decision shall be final for the City and there shall be no right to request reconsideration. SECTION TWO. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall be in full force and effect on January 1, 2008. Within fifteen days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within 15 days after its adoption. Introduced by title only on October 17, 2007, by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin NOES: None ABSENT: None ABSTAIN: None Adopted on November 26, 2007 by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin NOES: None ABSENT: None ABSTAIN: None ~~_ Mari Rodin, Mayor (' . ATT~S~. -~ ~ O .,,\ 'L' Brow Ci erk 12