This chapter shall apply to all buildings identified by street
address within the "City of Santa Barbara Survey of Potentially Hazardous
Buildings" completed in 1988 ("Survey"). The Chapter shall also apply
to any other building which utilizes unreinforced masonry bearing
walls as an element of construction and for which construction began
prior to the City's adoption on July 24, 1947 of the 1946 Edition
of the California Building Code as adopted and amended by the City.
This chapter does not apply to (i) single family residences, duplexes,
or buildings containing less than five dwelling units and used exclusively
for residential purposes, and (ii) buildings owned and occupied by
federal, state or county governments.
(Ord. 4586, 1989; Ord. 4984, 1996; Ord. 5451, 2008)
A wall with a total superimposed load in excess of 100 pounds
per linear foot, or an infill wall that will experience lateral forces
as a result of the inability of other lateral load resisting framing
elements to resist the lateral forces specified in Appendix Chapter
One of the Uniform Code for Building Conservation.
A document adopted by resolution of City Council that subdivides
the City of Santa Barbara into five districts, and includes a schedule
identifying, by district, deadlines for permit approval and for completion
of construction.
Any potentially Hazardous Building having an occupant load
in excess of 100 persons, as determined by California Building Code,
as adopted and amended by the City, Section 1002.1, except (1) a building
having exterior walls braced with masonry or wood frame crosswalls
of at least full story height, with a minimum length of one and one-half
times the story height, spaced less than 40 feet apart in each story;
or (2) a building occupied less than 20 hours per week. Any building
meeting one of these exception criteria shall be classified as a Moderate
Risk Building.
Any potentially Hazardous Building not classified as a High
Risk Building.
A notice to be mailed by the Chief of Building and Safety
to the owner of every structure identified within the Survey, specifying
the degree of risk represented by that structure.
A building for which construction began prior to the City's
adoption on July 24, 1947 of the 1946 Edition of the California Building
Code, as adopted and amended by the City, and which is constructed
of unreinforced masonry bearing wall construction.
The date a notice is posted by the United States Postal Service,
as evidenced by certified mail receipt, to a building owner at the
address most recently indicated by the roles of the County Tax Assessor.
A model code published by the International Conference of Building Officials, incorporated by reference in Section 22.04.010 of this title.
Part 8 of Title 24 of the California Code of Regulations.
A code applying exclusively to existing buildings and published by the International Conference of Building Officials, the Second Printing (copyright 1987) portions of which have been amended by local ordinance and incorporated by reference in Section 22.04.010 of this title.
(Ord. 4586, 1989; Ord. 4984, 1996; Ord. 5451, 2008)
Each Potentially Hazardous Building shall be designated as either
a High or Moderate Risk Building and shall be included on a list of
such structures maintained by the Chief of Building and Safety. The
owners of each structure listed in the Survey shall be served a Notice
of Building Classification and a District Mitigation Schedule.
A.
Permits and construction. Unless otherwise excepted, each Potentially Hazardous Building shall meet all of the requirements outlined in Appendix Chapter One of the Uniform Code for Building Conservation as amended by local ordinance. Where the scope of work proposed by the owner of a Potentially Hazardous Building, including demolition and replacement of an existing building or structure pursuant to Section 28.87.045 or Section 30.165.080, is limited to compliance with this chapter, the requirements for permit approval shall be exclusively those outlined within this chapter. Minor exterior work, such as parapet bracing or wall anchor plate installation on buildings located within El Pueblo Viejo Landmark District or another landmark district or on a building that is a designated Landmark, shall be subject to review by the Community Development Director or designee in accordance with guidelines approved by the Historic Landmarks Commission. Such minor exterior work on buildings outside of landmark districts shall be subject to review by the Community Development Director or designee in accordance with guidelines approved by the Architectural Board of Review. Other exterior work will be subject to full Historic Landmarks Commission or Architectural Board of Review approval, as applicable. Nothing in this chapter shall be construed so as to prohibit additions to buildings as permitted under Municipal Code Chapter 28.85 or Chapter 30.170.
B.
Time
limits. All time limits shall be as outlined in the District Mitigation
Schedule established by resolution of the City Council.
C.
Exceptions.
Two categories of buildings are excepted from this general requirement
as provided below:
1.
Moderate risk buildings which may utilize alternative compliance measures provided by Appendix Chapter One of the Uniform Code for Building Conservation in accordance with Table No. A1-E as amended by local ordinance and adopted by reference in Chapter 22.04 of this code; and
2.
Historical
buildings listed in the 1987 Cultural Resources Section of the City's
Master Environmental Assessment, and Landmarks and Structures of Merit
designated pursuant to Chapter 22.22 of this title which may utilize
the alternative compliance measures outlined in paragraph 1 above
or those described in Chapter 8-5 "Alternative Structural Regulations"
of the California Historical Building Code. Application of alternative
compliance measures for High Risk Historic Buildings shall be evaluated
on a case-by-case basis in accordance with the required findings of
reasonable safety contained in the California Historical Building
Code.
(Ord. 4586, 1989; Ord. 4847, 1994; Ord. 4984, 1996; Ord. 5451, 2008; Ord. 5609, 2013; Ord. 5798, 2017)
Property owners appealing the determination that their building
is potentially hazardous must do so in writing to the Building and
Fire Code Board of Appeals ("Board") in accordance with Section 204
of the Uniform Administrative Code. An appeal shall be filed with
the City Clerk within 180 days of the service date for the Notice
of Building Classification. Each appeal request shall be accompanied
by a fee in an amount set by resolution of the City Council and shall
include verification that (1) construction began after July 24, 1947;
(2) materials used were other than unreinforced masonry; or (3) the
building is in compliance with requirements outlined in Sections A106
through A108 of the Uniform Code for Building Conservation, as demonstrated
by a complete structural analysis in accordance with those sections.
The Chief of Building and Safety shall review all materials used in
support of the appeal prior to scheduling the appeal and may reclassify
such buildings based upon the information submitted. All decisions
and appeals shall be governed by standards and procedures established
by the Community Development Director and all decisions of the Board
shall be final.
(Ord. 4586, 1989; Ord. 4984, 1996)
Any person who fails to comply with the provisions of this chapter
within the time limits established herein is guilty of a misdemeanor.
Each 30 day period of continued failure to comply shall constitute
a separate offense. In the alternative, the Chief of Building and
Safety may elect to invoke the provisions of the Uniform Code for
the Abatement of Dangerous Buildings.
(Ord. 4586, 1989; Ord. 4984, 1996)
The Chief of Building and Safety may promulgate administrative
rules and policies for the administration of this chapter.
(Ord. 4586, 1989; Ord. 4984, 1996)
