Fillmore Municipal Code Ch. 5.39 Disaster Repair and Reconstruction

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. The chapter does not allow exemptions from the building, fire, electrical, mechanical, plumbing, other codes, or city ordinances.

(Ord. 697 § 3 (part), 1994)

(a) The provisions of this chapter are applicable to all buildings and structures regulated by the city following each disaster after a local emergency has been declared by the city council.

(b) The requirements of this chapter may be waived by the building official subject to an engineering evaluation as defined in Section 5.39.030.

(Ord. 697 § 3 (part), 1994)

For the purposes of this chapter, the following definitions apply:

(a) "Architect" means a person licensed by the state of California to practice architecture as defined in the State of California Business and Professions Code.

(b) "Civil engineer" means a person registered by the state of California to practice civil engineering as defined in the State of California Business and Professions Code.

(c) "Current code" means the edition of the Uniform Building Code, published by the International Conference of Building Officials, as adopted by the city 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.

(d) "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 recommendations for repair with appropriate opinion of construction cost for those repairs.

(e) "Essential service facility" means those buildings or structures designated by the city to house facilities necessary for emergency operations subsequent to a disaster.

(f) "Replacement value" means the dollar value, as determined by a building official, for replacing a damaged structure with a new structure of the same size, construction material and occupancy on the same site.

(g) "Structural engineer" means 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.

(h) "Value of repair" means the dollar value, as determined by a building official, for making necessary repairs to the damaged structure.

(i) "Building official" means the officer or other designated authority charged with the administration and enforcement of this chapter, or duly authorized representative.

(Ord. 697 § 3 (part), 1994)

(a) Buildings and structures of all occupancies which have been damaged as a result of a disaster, except as otherwise noted, shall be repaired in accordance with the following criteria:

(1) When the estimated value of repair does not exceed ten percent of the replacement value of the structure, the damaged portion(s) may be restored to their predisaster condition; except that when the damaged elements include suspended ceiling systems, the ceiling system shall be repaired with all bracing required by current code.

(2) 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, 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.

(3) 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 structure requirements of the current code.

(4) In Group R, Division 3 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 Section 5.39.050.

(Ord. 697 § 3 (part), 1994)

(a) All damaged chimneys must be repaired or reconstructed to comply with the requirements of Chapter 5.37 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 reconstruction portion of the chimney shall be braced to the roof structure.

(2) Of 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 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 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 37 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) When 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.

(Ord. 697 § 3 (part), 1994)

(a) An engineering evaluation shall be performed on buildings or structures damaged in a disaster, which are included on a national, state or local register of historic place or which are qualifying structures within a recognized historic district.

(b) The minimum criteria for repair shall be as established by 5.39.040 of this chapter 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, 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. 697 § 3 (part), 1994)

(a) 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 as adopted by the city.

(Ord. 697 § 3 (part), 1994)

Any person receiving notices pursuant to this chapter may file a written appeal and follow the procedures set forth in the Uniform Code for the Abatement of Dangerous Buildings, adopted by reference in Section 5.04.110.

(Ord. 697 § 3 (part), 1994)