Chapter 9.80
POST-DISASTER SAFETY ASSESSMENT POLICY AND PROCEDURES
Sections:
9.80.020 Application of provisions.
9.80.060 Abatement procedures.
9.80.070 Hazard abatement of historic buildings or structures.
9.80.090 Repair criteria for chimneys.
9.80.100 Repair criteria for historic buildings or structures.
9.80.110 Repair criteria for unreinforced masonry buildings and structures.
9.80.120 Violations and penalties.
9.80.010 Scope and intent.
A. This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or man-made disaster. It further authorizes the community development department, building division as well as authorized representatives, to post appropriate placards at each entry point to a building, structure or area upon completion of a safety assessment survey.
B. The intent of this chapter establishes abatement criteria for all buildings and structures damaged as a result of a natural or man-made disaster for which a local emergency has been declared by the city council or San Mateo County.
C. This chapter establishes standards and regulations for expeditious repair and reconstruction of structures damaged as a result of a disaster for which a local emergency has been declared by the city council or San Mateo County. This chapter does not allow exemptions from the building, fire, electrical, mechanical, plumbing, other codes, or city ordinances. (Ord. 623, § 1; 1976 Code § 9-16.01).
9.80.020 Application of provisions.
The provisions of this chapter are applicable to all buildings, structures and occupancies, regulated by the city following each natural or man-made disaster after a local emergency has been declared by the city council or San Mateo County. (Ord. 623, § 1; 1976 Code § 9-16.02).
9.80.030 Definitions.
As used in this chapter:
“Architect” means a person licensed by the state of California to practice architecture as prescribed by the State of California Business and Professions Code.
“Building official” means the designated employee charged with the administration and enforcement of this chapter, or duly authorized representative.
“Civil engineer” means a person registered by the state of California to practice civil engineering as prescribed by the State of California Business and Professions Code.
“Current code” means the edition of the Uniform Building Code published by the International Conference of Building Officials, as adopted and amended by the state of California and the city of Millbrae in accordance with operation of law pursuant to Section 18941.5 of the State of California Health and Safety Code. The edition to be applied shall be that edition in effect at the time of the declaration of a local emergency by the city council.
“Engineering evaluation” means an evaluation of a damaged building or structure, or suspected damaged building or structure, performed under the direction of a structural engineer, civil engineer or architect retained by the owner of the building or structure. Engineering evaluations shall, at a minimum, contain recommendation(s) for repair with appropriate opinion of construction costs for those repairs. All engineering evaluations shall include the engineer’s or architect’s stamp, wet signed and license expiration date.
“Essential service facility” means those buildings or structures designated by the city of Millbrae to house facilities necessary for emergency operations subsequent to a disaster.
“Event” means any occurrence which results in the declaration of a disaster by the city council or San Mateo County, including but not limited to, wind storms, earthquakes and floods.
“Historic building or structure” means any building or structure registered with a federal, state, county, city or city and county government. Historic buildings and structures shall also include those buildings and structures within a recognized historic district.
“Placard” means a printed colored form used to designate the condition of a building’s usability.
“Replacement value” means the dollar value, as determined by the building official, for replacing a damaged structure with a new structure of the same size, same type of construction and same occupancy, and located on the same site.
“Safety assessment” means a visual examination of a building or structure for the purpose of determining whether continued occupancy is appropriate following a natural or man-made disaster performed by the city of Millbrae, building division or authorized safety assessment team.
“Safety assessment team” means a team of two or more individuals under the direction of the building official who have been authorized to act on behalf of the city of Millbrae to assess damage, post placards and prepare written reports outlining the damages encountered and posting (if any). Written report to be submitted to the building division.
“State Historic Preservation Officer (SHPO)” means a person appointed by the Governor, pursuant to Section 101(b)(1) of the National Historic Preservation Act of 1966, as amended, to administer the State Historic Preservation Program.
“Structural engineer” means a person registered by the state of California to practice structural engineering as prescribed by the State of California Business and Professions Code.
“Value of repair” means the dollar value, as determined by the building official, for making necessary repairs to the damaged building or structure. (1976 Code § 9-16.03).
9.80.040 Placards.
The following official placards shall be used to designate the condition of buildings or structures following a disaster. Placards are to be posted by the building division or authorized safety assessment team.
A. Inspected (Green Color) Placard. Lawful occupancy permitted may be posted on any building or structure where no apparent hazard has been found. Placement of this placard does not mean that there is no damage to the building or structure.
B. Restricted or limited entry (yellow color) placard may be posted on each damaged building or structure where the damage has created a hazardous condition which justifies restricted occupancy. The official who posts this placard will note in general terms the hazard created and will clearly and concisely note the restrictions on occupancy.
C. Unsafe/do not enter or occupy (red color) placard may be posted on each damaged building or structure such that continued occupancy poses a threat to life or health. Buildings or structures posted with this placard may be entered only after authorization in writing by the building official. Safety assessment teams are authorized to enter these buildings any time, when reasonably safe. This placard shall not be used or considered as a demolition order. The official who posts this placard shall note in general terms the damages encountered.
D. Area unsafe/do not enter or occupy (red color) placard may be posted around an area, building or structure such that continued access to the area poses a threat to life or health. Areas posted with this placard may be entered only after authorization in writing by the building official, and/or in certain cases (i.e., hazardous materials) the fire chief or police chief. Safety assessment teams are authorized to enter buildings any time, when reasonably safe. This placard shall not be used or considered as a demolition order. The official who posts this placard shall note in general terms the damages encountered.
E. Removal of Placards. Once the placard has been attached to a building or structure, it shall not be removed, altered or covered until authorized by the building official. (Ord. 623, § 1; 1976 Code § 9-16.04).
9.80.050 Public nuisance.
Any structures or portions thereof which, after inspection by an authorized city official, are determined to be a danger to public safety are declared to be public nuisances and shall be subject to the provisions of Chapter 6.25 MMC. When a local emergency has been declared pursuant to MMC 9.80.010(B), the city may also use the procedures set forth in this chapter for the abatement of such nuisances. (Ord. 623, § 1; 1976 Code § 9-16.05).
9.80.060 Abatement procedures.
A. Notice of Determination. Except as provided in subsection (B) of this section, the building official shall serve a written notice of determination to each property owner as found on the latest available copy of the county assessor’s roll. Said notice of determination shall be delivered by hand-delivery, telephone, telegram, facsimile, certified mail or other reasonable means, and shall clearly indicate that the structure or building is an imminent hazard and dangerous and that, as such, it constitutes a public nuisance. The notice shall set forth those factors which, in the opinion of the building official, make the structure an imminent hazard and dangerous, and shall also include a directive from the building official of the specific action or actions to be taken by the property owner. The notice shall specify that within forty-eight hours from the time of delivery of the notice of determination, the owner or other party of record with an equitable or legal interest in said property shall abate the nuisance in accordance with the directives written in the notice of determination by the building official.
B. Summary Abatement. If a structure or building is an imminent or immediate danger to the health, welfare or safety of the public that must be abated immediately, the building official or fire chief may cause the nuisance to be abated by the city with city resources or city contractors. The city may summarily abate such a nuisance without giving prior notice or a hearing. Reasonable attempts to contact the property owner shall be made.
C. Appeal of Notice of Determination.
1. A notice of determination delivered by the building official that a building or structure is an imminent hazard and dangerous and therefore must be abated, may be appealed by the property owner or any other party of record with an equitable or legal interest in said property. Such appeal must be made to the building official within forty-eight hours of delivery of such notice of determination by the building official. Such appeal shall be accompanied by a written hazard abatement plan signed by a state of California licensed engineer or architect or by a written report by a state of California licensed engineer or architect stating why the engineer or architect feels the building or structure is not an imminent hazard or dangerous at this time. Such report shall include a recommendation by the engineer or architect as to what should and/or should not be done at this time. If the building official accepts the proposed hazard abatement plan in lieu of the notice of determination, the hazard abatement plan must be implemented within forty-eight hours of acceptance by the building official. If the building official accepts an engineer’s or architect’s report and agrees there is no imminent hazard, the building official shall rescind in writing the former notice of determination.
2. Should the building official disagree with the hazard abatement plan, or should the building official disagree with the engineer’s or architect’s report, a hearing shall be conducted within forty-eight hours by a board of appeals to be constituted of individual(s) other than the building official.
D. City of Millbrae, Board of Appeals Hearing.
1. At the hearing, the appellant shall have the right to call witnesses, submit evidence and to cross-examine the witnesses of the city. All witnesses shall be sworn.
2. A record of the entire proceedings shall be made by tape recording. The hearing will not be conducted in accordance with the formal rules of evidence. Any relevant evidence may be submitted regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in the courts of this state.
3. At the close of this hearing, the board of appeals shall act to either uphold, overrule or modify the determination and order of the building official. The determination and order of the building official shall be upheld, unless the board of appeals finds, based upon evidence in the record, that the building official erred in determining that the structure is an imminent hazard and dangerous. The decision and reasoning of the board of appeals may be given orally on the record. If given orally, the decision shall be memorialized in writing and served upon the applicant within forty-eight hours of the time the oral decision is rendered.
4. If the board of appeals upholds the decisions of the building official, the property owner(s) of record shall be ordered to abate the public nuisance within the time set forth in the order. If the structure is determined not to be a danger to public safety, the building official’s determination and order shall be vacated. The decision of the board of appeals shall be final on the date it is rendered.
E. Hazard Abatement Plan.
1. If a hazard abatement plan is approved by the building official, the owner or other interested party of record shall proceed to execute such plan within forty-eight hours of obtaining approval of the plan from the building official. Within twenty-four hours of completion of the abatement work, the owner or other interested party of record shall provide the building official with a written certification that the public nuisance, as described in the building official’s notice of determination, has been abated.
2. If the work performed pursuant to the hazard abatement plan amounts to temporary abatement, the owner or other party of record, prior to proceeding with permanent repairs, shall obtain the required permits and file a damage assessment report with the building official. The damage assessment report shall be reviewed and approved by the building official before permanent repairs are performed.
F. Failure to Perform. In those instances where the property owner or other interested party of record either does not respond to the building official’s notice of determination or an approved hazard abatement plan, responds untimely or responds timely but fails to abate the public nuisance within the required time period, the imminent hazard and dangerous structures may be subject to summary abatement by the city pursuant to subsection (B) of this section.
G. Suspension of Abatement Work. Notwithstanding any provisions herein to the contrary, the building official is authorized to suspend abatement work by the city, or the city’s contractors, and to allow the property owner or other party of legal interest to complete the abatement work.
H. Change of Status. When the conditions making a structure an imminent hazard and dangerous have been abated, the structure shall no longer be considered an imminent hazard and dangerous. However, if the abatement work is temporary in nature, as determined by the building official, the structure shall remain subject to the provisions of this chapter.
I. If the owner of any building or structure has decided to demolish rather than repair, the owner, or the owner’s representative, shall obtain a demolition permit. (Ord. 623, § 1; 1976 Code § 9-16.06).
9.80.070 Hazard abatement of historic buildings or structures.
A. Within ten days after the event, the building official shall notify the State Historic Preservation Officer that one of the following actions will be taken regarding any historic building or structure determined by the building official to represent an imminent hazard to the health or safety of the public, or pose an imminent threat to the public right-of-way:
1. Whenever possible, as determined by the building official, the building or structure may be braced or shored in such a manner as to mitigate the hazard to public health or safety or the hazard to the public right-of-way.
2. Whenever bracing or shoring is determined to be an unreasonable alterative, the building official may cause the building or structure to be condemned and immediately demolished. Such condemnation and demolition may be performed in the interest of public health or safety without a condemnation hearing as required by MMC 9.70.010.
B. If, ten days after the event and less than thirty days after the event, an historic building or structure is determined by the building official to represent a hazard to health or safety of the public or to pose a threat to the public right-of-way, the building official may initiate condemnation proceedings in accordance with MMC 9.70.010. The building official shall notify the Federal Emergency Management Agency (FEMA), in accordance with the National Historic Preservation Act of 1966, as amended, of its intent to hold a condemnation hearing.
C. If the building official and the owner of any historic building or structure agree that such a building or structure should be demolished, the building official shall submit a request to demolish to the Federal Emergency Management Agency (FEMA), in accordance with the National Historic Preservation Act of 1966, as amended. Said request shall include all substantiating data. (Ord. 623, § 1; 1976 Code § 9-16.07).
9.80.080 Repair criteria.
All buildings, structures and occupancies which have been damaged as a result of a disaster, except as otherwise noted, shall be repaired in accordance with the following criteria:
A. When an estimated value of repairs does not exceed ten percent of the replacement value of the structure, the damaged portions may be restored to the pre-disaster condition; except that when the damaged elements include suspended ceiling systems, the suspended ceiling system shall be repaired with all bracing required by current code.
B. When the estimated value of repair is greater than ten percent but less than fifty percent of the replacement value of the structure, the damaged elements shall be repaired and/or brought into conformance with the structural requirements of the current codes.
C. When the estimated value of repair is fifty percent or more of the replacement value of the structure, the entire structure shall be brought into conformance with the fire and life safety and structural requirements of the current applicable code.
D. In Group R, Division 3 (one- and two-family dwellings) occupancies, the repair value of damaged chimneys may be excluded from the computation of percentage of replacement value. Damaged chimneys shall be repaired in accordance with MMC 9.80.090.
E. Essential Service Facility.
1. When the estimated value of repair for an essential service facility is less than thirty percent of the replacement value of the structure, the damaged elements, as well as all critical ties, supported elements and supporting elements associated with the damaged elements, shall be repaired and/or brought into conformance with the structural requirements of the current code.
2. When the estimated value of repair for an essential service facility is thirty percent or more than the replacement value of the structure, the entire structure shall be brought into conformance with the structural requirements of the current code. (Ord. 623, § 1; 1976 Code § 9-16.08).
9.80.090 Repair criteria for chimneys.
A. All damaged chimneys must be repaired or reconstructed to comply with the requirements of Chapter 11 of the Uniform Building Code. Damaged portions of chimneys shall be removed in accordance with the following criteria:
1. When the damaged portion of the chimney is located between the roof line and the top of the chimney, the damaged portion may be removed to the roof line provided the roof and ceiling anchorage are in sound condition. The reconstructed portion of the chimney shall be braced to the roof structure using an approved method.
2. On a single-story structure in which the damaged portion of the chimney is below the roof line or the damaged portion extends from above the roof line to below the roof line, the chimney may be removed to the top of the firebox.
3. For multistory structures, the damaged portion of the chimney shall be removed from the top to a floor line where anchorage is found.
4. In any structure where the firebox has been damaged, the entire chimney and firebox shall be removed to the foundation. If the foundation is in sound condition, the firebox and chimney may be reconstructed using the existing foundation. If the foundation has been damaged, the foundation shall be removed and replaced.
B. Where existing conditions preclude the installation of all anchorage required by Chapter 11 of the Uniform Building Code, alternate systems may be used in accordance with the alternate methods and materials provisions of the Uniform Building Code when approved by the building official.
C. Where the portion of the chimney extending above the roof line exceeds two times the least dimension of the chimney, that portion above the roof line shall be braced to the roof structure using an approved method. (Ord. 623, § 1; 1976 Code § 9-16.09).
9.80.100 Repair criteria for historic buildings or structures.
A. Buildings or structures which are included on a national, state or local register for historic places or which are qualifying structures within a recognized historic district, which have been damaged as a result of a disaster, shall have an engineering evaluation performed.
B. The minimum criteria for repair shall be as included in MMC 9.80.080, Repair criteria, with due considerations given to the historical rating and nature of the structures. Additional standards and criteria, as noted in Part 8, Title 24, California Code of Regulations shall apply.
C. Where conflicts exist between the standards contained herein and the State of California Historic Building Code, the Historic Building Code shall govern. (Ord. 623, § 1; 1976 Code § 9-16.10).
9.80.110 Repair criteria for unreinforced masonry buildings and structures.
All damaged buildings determined to be bearing wall buildings constructed of unreinforced masonry shall be repaired and strengthened to fully comply with the requirements of the 1985 Edition of the Uniform Building Code and the 1985 City of Los Angeles Division 88 Standard for URM Buildings. (Ord. 623, § 1; 1976 Code § 9-16.11).
9.80.120 Violations and penalties.
The penalties for violations of any provisions of this chapter are set forth in Chapter 1.05 MMC. (Ord. 680, § 2; 1976 Code § 9-16.12).