The title of this chapter shall be "Unreinforced Masonry Buildings."
(Ord. 198 § 1, 1992)
Chapter
1 of the Appendix, and Sections 108, 109, 201, 203, 204 and 205 in the Uniform Code for Building Conservation, 1991 Edition, published by the International Conference of Building Officials (hereinafter referred to as "code") is adopted and incorporated by reference as the rules, regulations, technical guidelines and specifications for the purposes of this chapter. A copy of the code is on file in the office of the City Clerk.
(Ord. 198 § 1, 1992)
Whenever it is determined by the building official of the city
or designee that a building falls within the criteria for a potentially
hazardous structure, as defined by this chapter, and the structure
is not exempted for local conditions as defined by California Health
and Safety Code Section 18491.6(b), the building official and designee
shall take steps to ensure that the provisions of the code relating
to mitigation are carried out as follows:
A. Service
of Order. The building official shall, if the property owner elects
not to voluntarily participate under subsection (E)(5) of this section,
issue an order as provided in this section to the owner of each building
within the scope of this chapter. The order shall be in writing and
shall be served either personally or by certified or registered mail
upon the owner as shown on the latest equalized assessment roll, and
upon the person, if any, in apparent charge or control of the building.
Prior to the service of an order a bulletin may be issued to
the owner as shown upon the latest equalized assessment roll or to
the person in apparent charge or control of a building considered
by the building official to be within the scope of the ordinance codified
in this chapter. The bulletin may contain information the building
official deems appropriate. The bulletin may be issued by mail or
in person.
B. Contents of Order. The order shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is required to meet the minimum seismic standards as designated in the code. The order shall be accompanied by a copy of subsection
E of this section, which sets forth the owner's alternatives and time limits for compliance.
C. Appeal
From Order. The owner of the building may appeal the building official's
initial determination that the building is within the scope of this
chapter to the City Council. Such appeal shall be filed with the City
Clerk within 60 days from the date of service of the order described
in this section. Appeals or requests for modifications from any other
determinations, orders or actions by the building official may be
appealed to the Community and Economic Development Director for a
determination. In the event the owner is dissatisfied with the decision
of the Community and Economic Development Director, the owner may
appeal the decision to the City Council by filing with the City Clerk
a written notice of appeal within 10 calendar days following the decision
of the Community and Economic Development Director. The City Council
shall thereupon set a hearing date for the hearing of such appeal,
shall so notify the Community and Economic Development Director and
the owner, and upon such hearing date or such dates to which the hearing
may be continued, the City Council shall finally determine whether
or not such requests or modifications from other determinations, orders
or actions shall be approved or denied. The decision of the City Council
shall be final.
D. Recordation
of Order. At the time that the building official serves the order,
the building official shall also file with the office of the County
Recorder a certificate stating that the subject building is within
the scope of this chapter and is a potentially earthquake hazardous
building. The certificate shall also state that the owner thereof
has been ordered to structurally analyze the building and to structurally
alter it where compliance with the requirements set forth in this
chapter have not been met. If the building is found not to be within
the scope of this chapter, or is structurally capable of resisting
minimum seismic forces required by the code as a result of structural
alterations or an analysis, the building official shall file with
the office of the County Recorder a notice terminating the status
of the subject building as being classified within the scope of this
chapter and the code.
E. Compliance
Requirements.
1. The
owner of each building within the scope of this chapter shall, upon
service of an order and within the time limits set forth in the code,
cause a structural analysis to be made of the building by an engineer
or architect licensed by the state to practice as such and, if the
building does not comply with earthquake standards specified in the
code, the owner shall cause it to be structurally altered to conform
to such standards.
2. The
owner of a building within the scope of this chapter shall comply
with the requirements set forth in subsection (E)(1) of this section
by submitting to the building official for review, the following information,
within the stated time limits:
a. Within 270 days after service of the order, a structural analysis,
which is subject to approval by the building official, which shall
demonstrate that the building meets the minimum requirements of the
code; or
b. Within 270 days after service of the order, the structural analysis
and plans for structural alterations of the building to comply with
the code; or
c. Within 120 days after service of the order, plans for the installation
of wall anchors in accordance with the requirements specified in Section
A110 of the code.
3. After plans are submitted and approved by the building official, the owner shall obtain a building permit and then commence and complete the required construction within the time limits set forth in Table A-1-G of this subsection. These time limits shall begin to run from the date the order is served in accordance with Section
18.07.030(A), except that the time limit to commence structural alteration shall begin to run from the date the building permit is issued. The building official may order compliance at an earlier date if the owner requests an earlier date in writing.
Table A-1-G
Time Limits for Compliance
|
---|
Required Action by Owner
|
Obtain Building Permit Within
|
Commence Construction Within
|
Complete Construction Within
|
---|
Structural alterations or building
|
1 year2
|
180 days1
|
3 years2
|
Wall anchors
|
180 days2
|
270 days2
|
1 year2
|
Notes:
|
---|
1
|
Measured from date of building permit issuance.
|
2
|
Measured from date of service of order.
|
4. Owners
electing to comply with paragraph (2)(c) of this subsection are also
required to comply with paragraph (2)(b) of this subsection and all
applicable time limits.
5. The
owner of each building may commit to a voluntary program of compliance
with the requirements of this chapter. The owner shall then take steps
to ensure that the provisions of the code relating to mitigation are
carried out as follows:
a. The owner shall notify the building official in writing within 30
days of the effective date of the ordinance codified in this chapter
of the owner's intent to initiate a voluntary compliance program for
mitigation of the building. Owners whose buildings are identified
as falling within the criteria of this chapter after this period,
shall notify the building official within 30 days of receiving notification
advising him or her of the condition.
b. The owner shall then, within one year of the notice of intent to
the building official, cause a structural analysis of the building
to be made.
i. The structural analysis, which is subject to approval by the building
official shall demonstrate that the building meets the minimum requirements
of the code; or
ii. The structural analysis shall include plans, which are subject to
approval by the building official, for the structural alterations
of the building to comply with the code; or
iii.
The structural analysis shall include plans, which are subject
to approval by the building official, for the installation of wall
anchors in accordance with the requirements specified in Section A110
of the code.
c. Owners electing to comply with paragraph (5)(b)(iii) of this subsection
are also required to comply with paragraph (5)(b)(ii) of this subsection.
d. When the scope of necessary repairs is approved by the building official,
the owner shall commit in writing to a schedule for repairs to be
agreed upon by both the owner and the building official.
e. The building official may issue an order, as provided in this section,
to owners not in compliance with the agreed upon time lines of the
owners voluntary program.
F. Historical
Buildings. Alterations or repairs to qualified historical buildings,
as defined by Section 18955 of the
Health and Safety Code of the state
and as regulated by the State Historical Building Code (Health and
Safety Code Sections 18950 et seq.), as designated on official national,
state or local historical registers or inventories shall comply with
the California Historical Building Code (
California Code of Regulations
Title 24, Building Standards Part 8), in addition to this chapter.
G. Enforcement.
If the owner in charge or control of the subject building fails to
comply with any order issued by the building official pursuant to
this chapter or with any of the time limits set forth in this section,
the building official shall verify that the record owner of this building
has been properly served. If the order has been served on the record
owner, then the building official shall order the entire building
vacated until such order has been complied with.
H. Replacement of Nonconforming URM Buildings. Notwithstanding Chapter
21.48 of the Carlsbad Municipal Code, if any unreinforced masonry building (URM) which is within the scope of this chapter is determined to be nonconforming according to the development standards set forth in the Carlsbad Municipal Code, such building shall be allowed to be replaced with the same nonconforming use. This shall include building footprint, height, total square footage and on-site parking.
(Ord. 198 § 1, 1992; Ord. NS-303 § 1, 1995; Ord. CS-164 § 14, 2011)