This Chapter establishes standards and regulations for the 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.
This Chapter does not allow exemptions from the building, fire, electrical,
mechanical, plumbing, or other codes or City ordinances.
(Ord. 747 § 4, 2022)
(a)
The provisions of this Chapter are applicable to all buildings or
structures regulated by the City following each disaster when a local
emergency has been declared by the City Council. The Council may extend
provisions as necessary.
(Ord. 747 § 4, 2022)
For the purposes of this Chapter the following definitions apply:
is an individual licensed by the State of California to practice
architecture as defined in the State of California Business and Professions
Code.
is an individual registered by the State of California to
practice civil engineering as defined in the State of California Business
and Professions Code.
means the edition of the California Building Code, published
by the International Conference of Building Officials, as adopted
by the City of Indian Wells in accordance with the 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.
is an evaluation of a damaged building or structure, or suspected
damaged building or structure, performed under the direction of a
structural engineer or civil engineer retained by the owner of the
building or structure. Engineering evaluations shall, at a minimum,
contain recommendations for repair with appropriate opinion of construction
cost for those repairs.
means those buildings or structures, which have been designated
by the City Council to house facilities which are necessary for the
emergency operations subsequent to a disaster.
means conditions of extreme peril to the safety of persons
and property that may strike the City, caused by, but not limited
to: earthquakes, fire, flood, hazardous spills, civil unrest, epidemics,
storms, etc., for which the City Council has declared an emergency.
is the dollar value, as determined by the Building Official,
of replacing the damaged structure with a new structure of the same
size, construction material and occupancy on the same site.
is an individual registered by the State of California to
practice civil engineering and to use the title, structural engineer,
as defined in the State of California Business and Professions Code.
is the dollar value, as determined by the Building Official,
of making the necessary repairs to the damaged structure.
(Ord. 747 § 4, 2022)
Buildings and structures of all occupancies, except as otherwise
noted, which have been damaged as a result of a disaster, shall be
repaired in accordance with the following criteria:
(a)
When the estimated value of repair is greater than ten percent (10%),
but less than fifty percent (50%), 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.
(b)
When the estimated value of repair is fifty percent (50%) 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. 747 § 4, 2022)
(a)
All damaged chimneys must be repaired or reconstructed to comply
with the requirements of Chapter 31 of the current 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 roofline
and the top of the chimney, the damaged portion shall be removed to
the roofline provided the roof and ceiling anchorage are in sound
condition. Reconstruction portion of the chimney shall be braced to
the roof structure.
(2)
For a single story structure where the damaged portion of the chimney
is below the roofline, or the damaged portion extends from above the
roof line to below the roofline, the chimney shall be removed to the
top of the fireplace.
(3)
For a multi-story structure, the damaged portion of the chimney shall
be removed from the top to a floor line where sound anchorage is found.
(4)
In any structure where the fireplace has been damaged, the entire
chimney and fireplace shall be removed to the foundation. If the foundation
is in sound condition, the fireplace and chimney may be reconstructed
using the existing foundation. If the foundation has been damaged,
it shall be removed and replaced.
(b)
Where existing conditions preclude the installation of all anchorage
required by Chapter 31 of the current code, alternate systems may
be used in accordance with the alternate methods and materials provisions
of the current code when approved by the Building Official. Such alternate
systems shall be designed and detailed by a structural engineer, civil
engineer or architect.
(c)
When the portion of the chimney extending above the roofline exceeds
two times the least dimension of the chimney, that portion above the
roofline shall be braced to the roof structure.
(Ord. 747 § 4, 2022)
(a)
Buildings or structures housing essential service facilities which
have been damaged as a result of a disaster shall have an engineering
evaluation performed.
(b)
Minimum criteria for repair shall be as follows:
(1)
When the estimated value of repair is less than fifty percent (50%)
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 is fifty percent (50%) 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. 747 § 4, 2022)
(a)
Buildings or structures which are included on a national, State,
or local register of 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 Section 16.90.040, Repair criteria, with due consideration 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, the State of California Historic Building Code 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. 747 § 4, 2022)
(a)
The California Code for Building Conservation, including appendices,
1991 Edition, as published by the International Conference of Building
Officials, one (1) copy of which is on file in the office of the City
Building Official, is hereby adopted. As each subsequent edition is
adopted, it shall replace the edition referenced above.
(b)
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 Uniform Code for Building Conservation,
Appendix Chapter 1.
(Ord. 747 § 4, 2022)
The provisions of this Chapter may be appealed to the City Board of Appeals pursuant to Municipal Code Section 16.12.010. At the City Council's discretion, a Board of Appeals may be appointed by the City Council in accordance with the provisions set forth in Section 105 of the California Building Code to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code.
(Ord. 747 § 4, 2022)
