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HomeMy WebLinkAboutOrdinance 477 CERTIFICATION TION 1, Marcia McClure T'orgerson, C.M.C., City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 477, adopted by the Atascadero City Council at a regular meeting thereof held on June 28, 2005, and that it has been duly published pursuant to State Law. DATED: i)lla") Marcia McClure Torgerson,C.M.C.ft.i City Clerk City of Atascadero, California ORDINANCE NO. 477 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING TITLE 8 (BUILDING REGULATIONS) OF THE CITY OF ATASCADERO MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING CERTAIN UNIFORM MODEL CODES RELATING TO BUILDING CONSTRUCTION AND MAINTENANCE The City Council hereby finds and declares as follows: WHEREAS, Government Code Section 50022, et sem. and California Health & Safety Code Section 17922 empower the City of Atascadero ("City") to adopt by reference the California Building Standards Code (the "California Building Standards Code") as provided in Titles 24 and 25 of the California Code of Regulations and other codes, including, without limitation, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings and Uniform Administrative Code; and WHEREAS, the California Building Standards Commission ("Commission") recently adopted new amendments to the California Building Standards Code; and WHEREAS, California Health & Safety Code, Section 17958.5 authorizes cities to modify the California Building Standards Code by adopting more restrictive standards and modifications if such standards and modifications are accompanied by express findings that they are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City Council of the City of Atascadero ("City Council") finds that local climatic, geological or topographical conditions exist within the City, which include, but are not limited to, the following: 1. That the City of Atascadero is situated at the base of a watershed of the Santa Lucia Mountains and that flooding of Atascadero Creek, Graves Creek, and Salinas River results in conditions rendering fire department vehicular traffic unduly burdensome or impossible as witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982, and 1995. Furthermore, flood conditions described above create the potential for overcoming the ability of the fire department to aid or assist in fire control, evacuations, rescues and other emergency task demands inherent in such situations. The resulting overburdening of fire department personnel may cause a substantial or total lack of protection against fire for the buildings and structures located in the City of Atascadero. The afore-described conditions support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code and, in particular, support the imposition of greater requirements than set forth in Sections 601.5.9, 705, 904.2.2, and 1503, and Appendix Sections 3104.2, 3106, and 3107.2 of the 1998 California Building Code, Article 230-70 of the 1998 California Electrical Code, and Sections City of Atascadero Ordinance No.477 Page 2 of 59 902.2.4.3, 902.3.4, 903.3, 1001.9, 1002.1, 1003.2, 1003.3.1, 1006.1, 1007.3.3.6.1, 1102.3.1, 1102.4.1, 5202.3.6, 7802.3, 7902.2.2.1, and 8204.2 and Appendix II-F Sections 1 and 4.3 of the 2001 California Fire Code. 2. That the City of Atascadero is situated near three major faults each capable of generating earthquakes with a magnitude of 7.5. These are the San Andreas to the east of the City, the Nacimiento-Rinconada that crosses Hwy 101 north of the City then parallels the City to the east, and the Hosgri to the South West. Other faults of importance are the Huasna and West Huasna to the Southeast of the City, the San Simeon to the Northwest. In as much as these faults are included as major California earthquake faults, which are subject to becoming active at any time, the City Atascadero is particularly vulnerable to devastation should such an earthquake occur.The potential effects include isolating the City of Atascadero from the North and South due to the potential for collapsing of freeway overpasses or a slide on both the Cuesta and Ontario Grades and the potential for horizontal or vertical movement of the Edna fault rendering surface travel across the southern extremities of the city unduly burdensome or impossible. Additional potential situations inherent in such an occurrence include broken natural-gas mains causing structure and other fires, leakage of hazardous materials, the need for rescues from collapsed structures, and the rendering of first aid and other medical attention to large numbers of people. The protection of human life and the preservation of property in the event of such an occurrence support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code and in particular support the imposition of greater requirements than set forth in Sections 601.5.9, 705, 904.2.2, and 1503 of the 1998 California Building Code, Article 230-70 of the 2001 California Electrical Code, and Sections 902.2.4.3, 902.3.4, 903.3, 1001.9, 1002.1, 1003.2, 1003.3.1, 1006.1. 1007.3.3.6.1, 1102.3.1. 1102.4.1. 5202.3.6, 7802.3, 7902.2.2.1, and 8204.2 and Appendix II-F Sections 1 and 4.3 of the 2001 California Fire Code. 3. That the central commercial area in the City of Atascadero consists of mixed conditions that create the potential for possible conflagration, including congested streets during the business day, numerous older buildings without adequate internal fire-resistance, and contemporary low-rise buildings. Significant spread of fire in said area will actually exceed the fire suppression capabilities of regional firefighting personnel. The continued development of the Atascadero commercial area and the current and potential development of high-rise buildings pose a substantial threat of fire to human life, public safety, and the preservation of property and support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code, and in particular, support the imposition of greater requirements than set forth in Sections 601.5.9, 705, 904.2.2, and 1503 of the 2001 California Building Code, Article 230-70 of the 1998 California Electrical City of Atascadero Ordinance No.477 Page 3 of 59 Code, and Sections 902.2.4.3, 902.3.4, 903.3,1001.9, 1002.1,1003.2, 1003.3.1, 1006.1.1007.3.3.6.1, 1102.3.1, 1102.4.1, 5202.3.6, 7802.3, 7902.2.2.1, and 8204.2 and Appendix II-F Sections 1 and 4.3 of the 2001California Fire Code. 4. That the City of Atascadero is bisected by a major freeway (Hwy 101), traversing in the north/south direction and a major highway (Hwy 41) traversing in an east/west direction. The City is also transected by a mainline railroad that traverses in the north/south direction. It is a frequent occurrence for the aforementioned highways and railway to support the transportation of hazardous materials. The potential for release or threatened release of a hazardous material along one of these routes is highly probable given the volume transported daily. Incidents of this nature will normally require all available emergency response personnel to prevent injury and loss of life, and to prevent as far as practicable, property losses. Emergency personnel responding to said incidents may be unduly impeded and delayed in accomplishing an emergency response as a result of this situation, with the potential result of undue and unnecessary risk to the protection of life and public safety, particularly in those buildings or structures without the protection of automatic fire sprinklers. The above- described problems support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code, and in particular support the imposition of greater requirements than set forth in Sections 601.5.9, 705,904.2.2, and 1503 of the 2001 California Building Code, Article 230-70 of the 1998 California Electrical Code, and Sections 902.2.4.3, 902.3.4, 903.3, 1001.9, 1002.1, 1003.2, 1003.3.1, 1006.1, 1007.3.3.6.1, 1102.3.1, 1102.4.1, 5. That seasonal climatic conditions during the late summer and fall create numerous serious difficulties in the control and protection against fire situations in the City of Atascadero. The hot, dry weather in combination with Santa Ana winds frequently results in wildland fires in the brush-covered slopes on the Santa Lucia Mountains and several areas surrounding. The aforementioned areas completely surround the City. When a fire occurs in said areas, such as occurred in 1994, the Highway 41 fire burned for several days and entered the City, the entirety of local fire department personnel is required to control, monitor, fight and protect against such fire situations in an effort to protect life and preserve property and watershed land. The same climatic conditions may result in the concurrent occurrence of one or more fires in the more populated areas of the City without adequate fire department personnel to protect against and control such a situation. Therefore, the above-described findings support the imposition of fire-protection requirements greater than those set forth in the California State Building Standards Code, and in particular support the imposition of greater requirements than set forth in Sections 601.5.9, 705, 904.2.2, and 1503 of the 2001 California Building Code, Article 230-70 of the 2001 California Electrical Code, and Sections 902.2.4.3, 902.3.4, 903.3, 1001.9, 1002.1, 1003.2, 1003.3.1, 1006.1, 1007.3.3.6.1, 1102.3.1, 1102.4.1, 5202.3.6, City of Atascadero Ordinance No.477 Page 4 of 59 7802.3, 7902.2.2.1, and 8204.2 and Appendix II-F Sections 1 and 4.3 of the 2001 California Fire Code. 6. That for the most part, the soils in the City of Atascadero are medium to highly expansive in nature, and such soils may cause damage to foundations, structures and underground utilities if not properly mitigated through known construction techniques. Furthermore, a significant part of the City lies on hills and rolling topography subject to earth slides and movements and present problems to developments constructed in such areas due to surface water drainage and disposal. The above-described conditions support the imposition of requirements greater than those set forth in the California State Building Standards Code and, in particular, support the imposition of greater requirements than those set forth in Sections 1804.7, 1806.1, and 1900.4.4, Table 18-I-C, 3102.7.2, and Appendix Sections 421, 3305, 3306, 3307, 3308, 3309.3, 3309.4, 3309.8, 3309.10, 3309.11, 3311, 3316.1, and 3318.3 of the 2001 California Building Code and Section 315.4 of the 2001 California Plumbing Code. 7. That the more-restrictive modifications requiring automatic fire-sprinkler systems in buildings evidenced by the afore-described findings allow a trade-off for, and reduction of, other less effective fire-resistive components of a building support the acceptance of requirements lesser than those set forth in the California State Building Standards Code and, in particular, support the imposition of lesser requirements than those set forth in Section 709.4.1 of the 2001 California Building Code and Sections 902.2.1 and 903.2 of the California Fire Code. WHEREAS, based upon the recommendations of the Building Official and Fire Chief, the City Council finds that the proposed amendments to the California Building Standards Code ("amendments") are more restrictive than the standards adopted by the California Building Standards Commission, would decrease the potential incidence of property damage, injury and death due to fires and earthquakes, and are reasonable and necessary to mitigate the aforementioned local climatic, geologic or topographical conditions. WHEREAS, the City Council finds that each of the local amendments to the California Building Standards Code are supported by the local climatic, geologic and/or topographic conditions described herein. WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on June 14, 2005, studied and considered the proposed Building Code Update; and, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: City of Atascadero Ordinance No.477 Page 5 of 59 SECTION 1. The City Council hereby adopts the recitals contained in this Ordinance as findings to support the modifications to the California Building Standards Code. SECTION 2. Findings. The City Council finds that the changes made the uniform codes are enacted to mitigate the threats posed to public peace, health and safety from earthquakes and fire. In this regard, the recitals set forth in this Ordinance are incorporated herein by reference as findings. Moreover, it can be seen with certainty that adoption of this Ordinance will not have a significant adverse effect on the environment and is therefore exempt from California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a notice of exemption within five (5) days of the adoption of this Ordinance. SECTION 3. Approval. The City Council of the City of Atascadero, in a regular session assembled on June 28, 2005 resolved to approve on second reading, by title only, an ordinance that would amend Title 8 of the Atascadero Municipal Code to read in full as follows: 1. 1997 Uniform Administrative Code; 2. 2001 California Building Code, Volume I (including Appendix Chapter 4; Appendix Chapter 15; Appendix Chapter 31 Division I and Division III; and Appendix Chapter 33 except Section 3310), and Volume II; 3. 2004 California Electrical Code; 4. 2001 California Plumbing Code; 5. 2001 California Mechanical Code; 6. 1997 Uniform Housing Code; 7. 1997 Uniform Code for the Abatement of Dangerous Buildings; 8. California Building Standard Commission Emergency Standards INDEX CHAPTER 1 ADMINISTRATIVE 8-1.101 Administrative 8-1.102 Purpose 8-1.103 Authority 8-1.104 Applicability City of Atascadero Ordinance No.477 Page 6 of 59 CHAPTER 2 ORGANIZATION AND ENFORCEMENT 8-2.101 Creation of Division of Building Services 8-2.102 Powers and Duties of Building Official 8-2.103 Appointing Authority 8-2.104 Custodian of Records 8-2.105 Permits, Inspections, and Fees 8-2.106 Establishment of Board of Appeals 8-2.107 Adoption of Uniform Administrative Code 8-2.108 Modifications of Certain Parts of the Uniform Administrative Code 8-2.109 Right of Entry 8-2.110 Violations and Enforcement 8-2.111 Cargo Containers and Railroad Cars 8-2.112 Temporary Toilet Facilities CHAPTER 3 PRIMARY BUILDING CODE 8-3.101 Adoption of California Building Code 8-3.102 Modifications of Certain Parts of the California Building Code 8-3.103 Soils Reports 8-3.104 Roof Covering Limitations 8-3.105 Fire Sprinkler Systems 8-3.106 Special Building Construction Requirements Based on Fire Zones 8-3.107 Sign Permits CHAPTER 4 PRIMARY ELECTRICAL CODE 8-4.101 Adoption of National Electrical Code 8-4.102 Authority to Disconnect CHAPTER 5 PRIMARY PLUMBING CODE 8-5.101 Adoption of California Plumbing Code 8-5.102 Modifications of Certain Parts of California Plumbing Code 8-5.103 Building Sewers CHAPTER 6 PRIMARY MECHANICAL CODE 8-6.101 Adoption of the California Mechanical Code 8-6.102 Modifications of Certain Parts of the California Mechanical Code CHAPTER 7 SWIMMING POOL BARRIERS 8-7.101 Barriers for Swimming Pools, Spas and Hot Tubs City of Atascadero Ordinance No.477 Page 7 of 59 CHAPTER 8 PRIMARY HOUSING CODE 8-8.101 Adoption of Uniform Housing Code 8-8.102 Modifications of Certain Parts of the Uniform Housing Code CHAPTER 9 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS 8-9.101 Adoption of the Uniform Code for the Abatement of Dangerous Buildings CHAPTER 10 UNREINFORCED MASONRY 8-10.101 Unreinforced Masonry Buildings 8-10.102 Scope 8-10.103 Definitions 8-10.104 Rating Classifications 8-10.105 General Requirements 8-10.106 Administration 8-10.107 Analysis and Design 8-10.108 Materials of Construction 8-10.109 Information Required on Plans 8-10.110 Glossary of Symbols and Notations CHAPTER 11 PRIMARY ENERGY CODE 8-11.101 Adoption of the California Building Standards Commission Emergency Standards CHAPTER 12 POST-DISASTER REQUIREMENTS 8-12.101 Scope 8-12.102 Application of Provisions 8-12.1.03 Definitions 8-12.104 Placards 8-12.105 Repair Criteria 8-1.2.106 Repair Criteria for Historic Buildings 8-12.107 Repair Criteria for Unreinforced Masonry Buildings Title 8 of the City of Atascadero Municipal Code is hereby amended in its entirety to read as follows: CHAPTER 1 ADMINISTRATIVE 8-1.101 Title City of Atascadero Ordinance No.477 Page 8 of 59 A. This Title shall be known as the City of Atascadero Building Code, Title 8 of the Atascadero Municipal Code. 8-1.102 Purpose A. The City Council expressly finds that the purpose of this Code is to provide minimum standards to safeguard life, limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of buildings and structures within the City of Atascadero. 8-1.103 Authority A. This Code is adopted pursuant to the authority granted by Section 7 of Article XI of the State constitution to a City to make and enforce such local, police, sanitary and other regulations as are not in conflict with the general laws of the State. It is further adopted pursuant to the applicable provisions of the State Housing Laws (Health and Safety Code Section 17910 et seq., and particularly Sections 17922 and 17958 thereof) and applicable rules and regulations promulgated pursuant thereto as Title 24 and 25 of the California Code of Regulations. 8-1.104 Applicability A. The provisions of this Code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of buildings and structures located within the incorporated territory of the City of Atascadero. EXCEPTIONS: Public projects located in a public way and not subject to County land use regulations; public utility towers and poles; mechanical equipment not specifically regulated in this Code; hydraulic flood control structures; and buildings and structures owned and constructed by a Federal, State, or other agency whose authority preempts that of City government. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the County, or cause the same to be done, contrary to, or in violation of, any of the provisions in this Code, and Title 8 of the City of Atascadero Municipal Code, the Uniform Housing Code, the California Building Code, the California Plumbing Code, the California Mechanical Code, the California Electrical Code and any other codes as adopted by this Code and the State Housing Law. CHAPTER 2 ORGANIZATION AND ENFORCEMENT; ADOPTION OF PRIMARY ADMINISTRATIVE CODE 8-2.101 Creation of Division of Building and Safety City of Atascadero Ordinance No.477 Page 9 of 59 A. There is hereby contained within the City governmental structure the "Division of Building Services" of Community Development, herein referred to as the 'Building Division", which shall be under the administrative jurisdiction of the Building Official as designated by the appointing authority. 8-2.102 Powers and Duties of the Building Official A. The Building Official is hereby authorized and directed to enforce the provisions of this Code and of the codes adopted by reference herein. For such purpose, the Building Official shall have the power of a law enforcement officer. The Building Official is hereby authorized to consult experts qualified in fields related to the subject matter of this Code and codes adopted by reference herein as necessary to assist him/her in carrying out his/her duties. The decisions of the Building Official in enforcing, interpreting, or in exercising the authority delegated by the provisions of this Code and of the codes adopted hereby shall be deemed final, subject to appeal as provided in Section 10-2.106 of this Code. 8-2.103 Appointing Authority A. The Director of Community Development of the City of Atascadero shall appoint the Building Official and shall authorize the Building Official to appoint such number of officers, inspectors, assistants and other employees for the Building Division as shall be authorized by the City Council from time to time. The Building Official may deputize such employees as may be necessary to carry out the functions of the Building Division. 8-2.104 Custodian of Records A. The Building Official shall cause a record to be kept of all permits and all other pertinent transactions of the Building Division under this Code and the codes adopted hereby. 8-2.105 Permits, Inspections and Fees A. Permits Required. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure regulated by this Code, or cause the same to be done, without first obtaining the necessary permits for each separate building or structure from the Building Official. B. Permits Required/Grading or Waste Disposal Not Separate. 1. Grading and or waste disposal system permits for residential sites shall not be issued separately from the residence permit without the specific approval of the Building Official and City Planner. City of Atascadero Ordinance No.477 Page 10 of 59 2. Grading permits are required for earth movement of over 50 cubic yards and/or for cuts or fills in excess of 3 feet. C. Expiration of Permit. Section 106.4.4 is replaced with the following: 1. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of issuance of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. 2. Failure to request and receive a recorded inspection by the Administrative Authority within the 180-day period constitutes a condition of suspension or abandonment. 3. Before such abandoned or suspended work can be recommenced, a new permit shall be obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, but in no case less than $84.00, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. 4. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. D. Expiration of Plan Review. Section 106.4.4 is replaced with the following: Applications for which no permit is issued within 180 days following date of notification of approval/ready for issuance by the Building Division, or applications within 180 days following date of notification of permit corrections to be picked up or returned, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. No extension is allowed except by written appeal to the Building Official. No application shall be extended more than once. City of Atascadero Ordinance No.477 Page 11 of 59 E. Permit Fees. Section 107.2 is replaced with the following: Permit fees shall be established by City Council resolution as may be necessary from time to time. The value to be used in computing the building permit and building permit plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditions, elevators, site work, fire-extinguishing systems and any other permanent equipment, The regional modifier shall be 1.0. F. Emergency Permits. Emergency permits may be issued by the Building Official for any area of work regulated by this Code when it is determined that the work is of an emergency nature and failure to perform the work may be detrimental to the health, safety, or welfare of the occupants, public, or the environment. Applications for emergency permits shall be filed no later than 10 days from the date of commencement of emergency work. An emergency permit may also require a land use permit. G. Exempted Work. Exempted work shall be as described in Section 106.2 of the California Building Code. 8-2.106 Establishment of Board of Appeals A. The City Council shall constitute the Board of Building Appeals. 8-2.107 Adoption of Uniform Administrative Code A. Certain documents marked and designated as the "Uniform Administrative Code", 1997 Edition are hereby adopted for establishing technical codes that regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings. Regulations, provisions, conditions and terms of such "Uniform Administrative Code", 1997 Edition on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter." 8-2.108 Modifications of Certain Parts of the Uniform Administrative Code. The following portions of the Uniform Administrative Code are hereby amended: A. Section 104.2.3 (Right of Entry). 8-2.109 Right of Entry. The following replaces Section 104.2.3 of the Uniform Administrative Code: During the course of exercising the duties delegated to the Building Official in Section 8-2.102 this Code, and when, in the opinion of the Building Official, there exists a reason to believe that a violation of this Code or due cause exists to inspect a property, the Building Official, or designee, is hereby authorized City of Atascadero Ordinance No.477 Page 12 of 59 to enter such property or premises at any reasonable times and to inspect and perform any duty imposed on him/her by the provisions of Section 8-2.102 of this Code or by other applicable law. If such property or premises is occupied, the Building Official or designee shall first present proper credentials to the occupant and request entry, explaining his/her reasons therefore. If such entry is refused or cannot be obtained because the owner or person having charge or control of the property cannot be located after due diligence, the Building Official shall seek judicial authorization for entry pursuant to an inspection warrant in accordance with the procedures set forth in the California Code of Civil Procedure sections 1822.50-1822.57. Notwithstanding the foregoing, if the Building Official or designee has reasonable cause to believe that there exists an unsafe, substandard, or dangerous condition within the building or premises as to require immediate inspection to safeguard the public health or safety, he/she shall have the right to immediately enter and inspect such property and may use any reasonable means required to secure such entry and make such inspection, whether such property is occupied or unoccupied and whether or not permission has been sought or obtained." 8-2.110 Violations, Enforcement, Compliance Official. The following is added to the Uniform Administrative Code: A. Purpose. This section establishes procedures for enforcement of violations of this Code. The enforcement procedures set forth are intended to assure due process of law in the abatement or correction of violations and substandard, or otherwise noncompliant conditions subject to the jurisdiction of this Code. B. Violations. It shall be unlawful for a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done in violation of this code and any adopted model code. C. Enforcement Responsibility. The responsibility for the enforcement of the provisions of this Code shall be per Title 12 of the Atascadero Municipal Code. D. Cost of Abatement or Compliance; Tax Lien. 1. Liability for Costs of Enforcement. Any person who maintains any premises in violation of any provision of this Code, or any adopted model code, or the State Housing Law shall be liable for and obligated to pay to the City of Atascadero all costs incurred by the City of Atascadero in obtaining abatement or compliance that is attributable to or associated with the enforcement or abatement action, whether the action is administrative, injunctive, or legal, and for all damages City of Atascadero Ordinance No.477 Page 13 of 59 suffered by the City of Atascadero, its agents, officers, and employees as a result of such violation or efforts to abate the violation. 2. Failure to Pay. If the owner of the property involved in such abatement or compliance action fails to pay for the costs of such abatement or compliance action upon demand by the City of Atascadero, the City Council by resolution may order the cost of the abatement to be specially assessed against the parcel. Such assessment shall be collected at the same time and in the same manner as ordinary City taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of the delinquency as are provided for ordinary City taxes. E. Notice of Noncompliance. 1. When Determined by the Building Official that work has been done without required permits, or has not been completed in accordance with the requirements of this Code, the State Housing Laws, or any other code adopted herein, the Building Official may cause a Notice of Noncompliance to be recorded with the County Recorder and shall notify the owner of the property of such action. The Notice of Noncompliance shall describe the property, shall set forth the non- complying conditions, and shall state that the owner of such property has been duly notified. The Building Official shall record a notice of release of the Notice of Noncompliance with the County Recorder when it has been determined by the Building Official that the non- complying conditions have been corrected. F. Public Nuisance. 1. Nuisance Defined. Buildings or structures, or portions thereof, regulated by this Code that are unsafe, or not provided with adequate egress, or that constitute a fire hazard, or that are determined substandard under the provisions of the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, or the State Housing Law, or that are otherwise dangerous to human life, or that constitute a hazard to health, safety or public welfare by reason of inadequate maintenance, dilapidation, damage, obsolescence, or abandonment as specified in this Code, or any other effective ordinance, shall be declared unsafe buildings and shall be declared public nuisances and shall be ordered abated by repair, rehabilitation, removal, or demolition pursuant to the provisions of this code. 8-2.111 Cargo Containers and Railroad Cars. The following is added to the Uniform Administrative Code: City of Atascadero Ordinance No.477 Page 14 of 59 A. Relocation. When proposed use is other than originally designed and/or intended as determined by the Building Official, railroad cars, cabooses, shipping containers, mobile homes, and similar assemblies, etc., may not be moved into or relocated within the City limits without his/her approval. B. Not Conventional Construction. Railroad cars, cabooses, shipping containers, mobile homes, and similar assemblies, etc, do not qualify as conventional construction; therefore, all design/engineering work, plans, calculations, etc., must be accomplished by a California licensed architect or engineer. 8-2.112 Temporary Toilet Facilities Required. The following is added to the Uniform Administrative Code: A. No person shall initiate or proceed with construction, erection, alteration, repair, or razing a project without first having provided an adequate number of suitable sanitary job toilet facilities for the use of workers on the project in a ration of 1 toilet per 30 workers. Toilets must be within two hundred (200) feet of each work area within the project site. CHAPTER 3 PRIMARY BUILDING CODE 8-3.101 Adoption of California Building Code A. Certain documents marked and designated as the "California Building Standards Code", 2001 Edition are hereby adopted for establishing technical codes that regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings. Regulations, provisions, conditions and terms of such "California Building Standards Code", 2001 Edition on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter." 8-3.102 Modifications of Certain Parts of the California Building ,Code. The following portions of the "California Building Code", 2001 Edition, are hereby deleted: (a) Section 101 (Section, Scope,and General) (b) Section 103 (Violations) (c) Sections 104.1 (Organization and Enforcement), 104.2 (Powers and Duties of the Building Official), 104.2.3 (Right of Entry). (d) Section 105 (Board of Appeals) City of Atascadero Ordinance No.477 Page 15 of 59 (e) Sections 106.1 (Permits Required), 106.4.4 (Expiration). (f) Sections 107.2 (Permit Fees), 107.3 (Plan Review Fees), 107.4 (Expiration of Plan Review) 8-3.103 Soils Reports. The following is added to Section 106.3.2: A. Soils reports are required for all new single and multi-family dwellings, new I commercial buildings, commercial additions, swimming pools on slopes equal to or greater than 30%, residential additions and detached accessory structures over 1000 sq. ft., and other structures as determined by the Building Official, to determine soil characteristics. The soils report shall include foundation recommendations for the proposed structure based upon the determined soil characteristics. EXCEPTION: When determined by the Building Official that a soils report is not necessary due to the minor scope of the project, or evidence observed by site investigation, or substantive information provided by project owner or authorized agent. B. An expansive index test is required for all structures not included in Section A above to determine foundation design. EXCEPTION: 1. When determined by the Building Official that an Expansive Index Test is not necessary due to the minor scope of work, or evidence observed by site investigation, or substantive information provided by project owner or authorized agent. 2. In lieu of providing an expansive index test, a foundation design meeting the requirements of 91 — 130 High weighted expansion tests may be used. 8-3.104 Roof Covering Limitations. Roofing Materials. The following is added to Section 1503: A. Installation of wood roofing materials is prohibited. B. Roof covering for all new buildings, and for any re-roofing of existing buildings, shall be no less than Class "A" rating, regardless of building type or occupancy. Any reference to the approved use of roofing materials with less than Class "A" rating is hereby deleted. EXCEPTION: City of Atascadero Ordinance No.477 Page 16 of 59 1. Roof coverings on additions to existing wood shingle roofs amounting to no greater than twenty-five percent (25%) of the existing roof area may be Class "B" rating. 2. Repairs to existing wood roofs not exceeding 25% of existing roof area per calendar year may be Class "B" ratings. 8-3.105 Fire Sprinkler Systems. In addition to the requirements of Section 904.2.1 of the California Building Code, an automatic fire extinguishing system shall be installed in the occupancies and locations as set forth below: A. New Construction. An automatic fire extinguishing system shall be installed and maintained in all new buildings in "A," "B," "E," "F," "H," "I," "M," "R", "S" and "U" (when "U" structure is attached to an "R") occupancies as defined by the Uniform Building Code, regardless of type of construction or floor area, for which any Building Permit is issued after the effective date of this Ordinance. EXCEPTIONS: Detached Group B or M occupancies not exceeding 500 square feet and located at least 10 feet from adjacent buildings and 5 feet from adjacent property lines; Note: "U" occupancies converted to conditioned habitable space will be required to install an automatic fire extinguishing system. a. Existing Construction. Unless the California Fire Code is more restrictive, an automatic fire extinguishing system shall be installed in all existing buildings or structures where proposed or ongoing additions exceed 10% of the total floor area of the existing building or structure, and which meet one or more of the following: (i) Have a total floor area exceeding two thousand(2,000) square feet, (ii)When a second story or higher is added, (iii)When occupancy change increases fire risk or hazard EXCEPTIONS (iv)Additions to single-family residences resulting in a total floor area of less than 3,000 square feet. Regardless of additions, alterations or repairs in existing sprinklered buildings, sprinkler coverages shall remain as per the National Fire City of Atascadero Ordinance No.477 Page 17 of 59 Protection Association 13, 13R, or 13D standards, whichever are applied by the Fire Chief. 8-3.106 Special Construction Requirements Based on Fire Severity Zones A. General: The provisions of this article shall apply within the boundaries of Fire Hazard Zones as defined herein and shown on a map entitled "Fire Hazard Map of Atascadero", on file in the office of the Chief of the City Fire Department and adopted hereby as part of this Code. B. Definitions: For the purpose of this article, certain terms are defined as follows: 1. Very High Fire Hazard Severity Zone: Are those areas of the City of Atascadero designated by the Chief of the City Fire Department as having a very high propensity for wild fire due to the existence of excessive wild brush fuel, lack of adequate water for fire suppression, or lack of adequate access to fire fighting equipment. 2. High Fire Hazard Severity Zone: Are those areas of the City of Atascadero designated by the Chief of the City Fire Department as having a high propensity for wild fire due to the existence of excessive wild brush fuel, lack of adequate water for fire suppression, or lack of adequate access to fire fighting equipment. 3. Moderate Fire Hazard Severity Zone: Are those areas of the City of Atascadero designated by the Chief of the City Fire Department as having a moderate propensity for wild fire due to the existence of excessive wild brush fuel, lack of adequate water for fire suppression, or lack of adequate access to fire fighting equipment. C. Construction in Very High, High, and Moderately High Fire Hazard Zones shall be per the 2000 Edition of the Urban-Wildland Interface Code, and Title 4 of the Atascadero Municipal Code. EXCEPTIONS: 1. Accessory structures not exceeding 120 square feet in floor area when located at least 50 feet from buildings containing habitable spaces. 2. Agricultural buildings at least 50 feet from buildings containing habitable spaces. D. Objective. The objective of this chapter is to establish minimum standards to locate, design and construct buildings and structures or portions thereof for the protection of life and property, to resist damage from wildfires, and to mitigate building and structure fires from spreading City of Atascadero Ordinance No.477 Page 18 of 59 to wildland fuels. The minimum standards set forth in this chapter vary with the critical fire weather, slope and fuel type to provide increased protection, above the requirements set forth in the Building Code, from the various levels of hazards. E. Fire hazard severity maps. The fire hazard severity of building sites for all buildings hereafter constructed, modified or relocated into urban- wildland interface areas shall be established in accordance with the Wildland Fire Hazard Maps on file with the City of Atascadero Fire Department. F. Construction in very high severity fire zones. Construction in very high severity fire zones shall be as described for Class 1 ignition-resistant construction in the 2000 edition of the Urban-Wildland Interface Code and Title 4 of the Atascadero Municipal Code. 1. Roof Covering. Installation of wood roofing products shall be per Section 802.104 of the Atascadero Municipal Code. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be fire stopped to preclude entry of flames or embers. 2. Protection of Eaves. Eaves and soffits shall be protected on the exposed underside by materials approved for a minimum of one-hour- rated fire-resistive construction. Fascias are required and must be protected on the backside by materials approved for a minimum of one-hour-rated fire-resistive construction or 2-inch (51 mm) nominal dimension lumber. 3. Gutters and Downspouts. Gutters and downspouts shall be constructed of noncombustible material. 4. Exterior Walls. Exterior walls of buildings or structures shall be constructed with materials approved for a minimum of one-hour-rated fire-resistive construction on the exterior side or constructed with approved noncombustible materials. EXCEPTION: Heavy timber or log wall construction. Such material shall extend from the top of the foundation to the underside of the roof sheathing. 5. Unenclosed Underfloor Protection. Buildings or structures shall have all underfloor areas enclosed to the ground with exterior walls in accordance with Section 8-3.106.F.4. EXCEPTION: Complete enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, City of Atascadero Ordinance No.477 Page 19 of 59 beams and supporting walls are protected as required for exterior one- hour-rated fire-resistive construction or heavy timber construction. 6. Appendages and Projections. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be a minimum of one-hour-rated fire-resistive construction, heavy timber construction or constructed of approved noncombustible materials. When the attached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have all underfloor areas enclosed to within 6 inches of the ground, with exterior wall construction in accordance with Section 8-3.106.F.4. EXCEPTION: Decks with more than 50% of the perimeter 6 feet or more above grade may be protected with a minimum of one-hour fire resistive construction on the exterior, heavy timber construction or approved noncombustible materials. 7. Exterior Glazing. Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be tempered glass, multilayered glazed panels, glass block or have a fire-protection rating of not less than 20 minutes. 8. Exterior Doors. Exterior doors shall be approved non-combustible construction, solid core wood not less than 1-3/4 inches (45 mm) thick, or have a fire-protection rating of not less than 20 minutes. Windows within doors and glazed doors shall be in accordance with Section 8- 3.106.F.7. EXCEPTION: Vehicle access doors. 9. Vents. Attic ventilation openings shall not be located in soffits, in eave overhangs, between rafters at eaves, or in other overhang areas. Gable end and dormer vents shall be located at least 10 feet (3048 mm) from property lines. Underfloor ventilation openings shall be located as close to grade as practical. 10. Detached Accessory Structures. Detached accessory structures located less than 50 feet (15 240 mm) from a building containing habitable space shall have exterior walls constructed with materials approved for a minimum of one-hour-rated fire-resistive construction, heavy timber, log wall construction or constructed with approved noncombustible materials on the exterior side. City of Atascadero Ordinance No.477 Page 20 of 59 When the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have all underfloor areas enclosed to within 6 inches of the ground, with exterior wall construction in accordance with Section 8-3.106.F.4 or underfloor protection in accordance with Section 8-3.106.F.5. EXCEPTION: The enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls are protected as required for exterior one-hour-rated fire-resistive construction or heavy timber construction. See Section 8-3.106.F.I for roof requirements. G. Construction in high severity fire zones. Construction in high severity fire zones shall be as described for Class 2 Ignition-resistance construction in the 2000 edition of the Urban-Wildland Interface Code and Title 4 of the Atascadero Municipal Code. 1. Roof Covering. Installation of wood roofing products shall be per Section 802.104 of the Atascadero Municipal Code. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be fire stopped to preclude entry of flames or embers. 2. Protection of Eaves. Combustible eaves, fascias and soffits shall be enclosed with solid materials with a minimum thickness of 3/4 inch. No exposed rafter tails shall be permitted unless constructed of heavy timber materials. 3. Gutters and Downspouts. Gutters and downspouts shall be constructed of noncombustible material. 4. Exterior Walls. Exterior walls of buildings or structures shall be constructed with materials approved for a minimum of one-hour-rated fire-resistive construction on the exterior side of constructed with approved noncombustible materials. EXCEPTION: Heavy timber or log wall construction. Such material shall extend from the top of the foundation to the underside of the roof sheathing. 5. Unenclosed Underfloor Protection. Buildings or structures shall have all underfloor areas enclosed to the ground, with exterior walls in accordance with Section 8-3.106.F.4. City of Atascadero Ordinance No.477 Page 21 of 59 EXCEPTION: Complete enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls protected as required for exterior one- hour-rated fire-resistive construction or heavy timber construction. 6. Appendages and Projections. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be a minimum of one-hour-rated fire-resistive construction, heavy timber construction or constructed with approved noncombustible materials. When the attached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have all underfloor areas enclosed to within 6 inches (152 mm) of the ground, with exterior wall construction in accordance with Section 8- 3.106.F.4. EXCEPTION: Decks with more than 50% of the perimeter 6 feet or more above grade may be protected with a minimum of one-hour fire resistive construction on the exterior, heavy timber construction or approved noncombustible materials. 7. Exterior Glazing. Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be tempered glass, multilayered glazed panels, glass block or have a fire-protection rating of not less than 20 minutes. 8. Exterior Doors. Exterior doors shall be approved non-combustible construction, solid core wood not less than 1-3/4-inch thick, or have a fire-protection rating of not less than 20 minutes. Windows within doors and glazed doors shall be in accordance with Section 8- 3.106.G.7. EXCEPTION: Vehicle access doors. 9. Vents. Attic ventilation openings, foundation or underfloor vents or other ventilation openings in vertical exterior walls and vents through roofs shall not exceed 144 square inches each. Such vents shall be covered with noncombustible corrosion-resistant mesh with openings not to exceed 1/4 inch. Attic ventilation openings shall not be located in soffits, in eave overhangs, between rafters at eaves, or in other overhang areas. Gable end and dormer vents shall be located at least 10 feet from property City of Atascadero Ordinance No.477 Page 22 of 59 lines. Underfloor ventilation openings shall be located as close to grade as practical. 10. Detached Accessory Structures. Detached accessory structures locate less than 50 feet from a building containing habitable space shall have exterior walls constructed with materials approved for a minimum of one-hour-rated fire-resistive construction, heavy timber, log wall construction, or constructed with approved noncombustible material on the exterior side. When the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have all underfloor areas enclosed to within 6 inches of the ground, with exterior wall construction in accordance with Section 8-3.106.G.4 or underfloor protection in accordance with Section 8-3.106.G.5. EXCEPTION: The enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls are protected as required for exterior one-hour-rated fire-resistive construction or heavy timber construction See Section 8-3.106.G.1 for roof requirements. H. Construction in moderate severity fire zones. Construction in moderate severity fire zones shall be as described for Class 2 Ignition-resistance construction in the 2000 edition of the Urban-Wildland Interface Code and Title 4 of the Atascadero Municipal Code. 1. Roof Covering. Installation of wood roofing products shall be per Section 802.104 of the Atascadero Municipal Code. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be fire stopped to preclude entry of flames or embers. 2. Unenclosed Underfloor Protection. Buildings or structures shall have all underfloor areas enclosed to the ground with exterior walls. EXCEPTION: Complete enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls are protected as required for exterior one- hour-rated fire-resistive construction or heavy timber construction. 3. Vents. Attic ventilation openings, soffit vents, foundation or underfloor vents or other ventilation openings in vertical exterior walls and vents through roofs shall not exceed 144 square inches each. Such City of Atascadero Ordinance No.477 Page 23 of 59 vents shall be covered with noncombustible corrosion-resistant mesh with openings not to exceed 1/4 inch. I. Replacement or repair of roof coverings 1. Roof coverings on buildings or structures in existence prior to the adoption of this code that are replaced or have 25 percent or more replaced in a 12-month period shall be replaced with roof covering required for new construction as described in Section 8-3.104 of this Code. Roof coverings for repairs less than 25 percent in a 12-month period shall be replaced with not less than Class A fire-treated materials. 8-3.107 Sign Permits. The following signs shall not require a building permit: A. These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this code or any other law or ordinance regulating the same. 1. Changing the advertising copy or message on a painted, printed, or nonstructural sign face. Including theater marquees and similar signs specifically designed for the use of replaceable copy. Sign changes that require structural or electrical modifications shall not be included in this exception. 2. Painting, repairing or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration that requires a sign permit unless a structural change is made. CHAPTER 4 PRIMARY ELECTRICAL CODE 8-4.101 Adoption of National Electrical Code: Certain documents marked and designated as the "California Electrical Code", 2004 Edition, are hereby adopted for establishing administrative, organizational and enforcement rules and regulations for technical codes that regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings. Regulations, provisions, conditions, and terms of such "California Electrical Code", 2004 Edition, on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. City of Atascadero Ordinance No.477 Page 24 of 59 8-4.102 Authority to Disconnect. The building official is hereby authorized to disconnect any wire or electrical conductor in case of an emergency where necessary to safeguard life or property,or where such wire may interfere with the work of the Fire Department. The building official is further authorized to disconnect or order the discontinuance of electrical service to any electrical wiring, device, appliance, apparatus, or equipment found to be dangerous to life or property, or where illegally connected. When such equipment or installation is to be disconnected, a notice shall be given to the owner or tenant listing the causes for such action. The building official shall provide written notice to the occupant or property owner at least 24 hours in advance of such disconnection, statim reasons therefore. In cases of immediate danger to life and property, the building official shall notify the serving utility in writing of the order to discontinue service and request that the service be disconnected. It shall be unlawful for any person, firm, cop2oration or utility company to supply electrical service to any electrical device, apparatus, appliance or equipment that has been disconnected or has been ordered disconnected by the building official until a verification of approval has been granted by the building official. CHAPTER 5 PRIMARY PLUMBING CODE 8-5.101 Adoption of California Plumbing Code: Certain documents marked and designated as the "California Plumbing Code", 2001 Edition, are hereby adopted for establishing administrative, organizational and enforcement rules and regulations for technical codes that regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings. Regulations, provisions, conditions, and terms of such "California Plumbing Code", 2001 Edition, on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. 8-5.102 Modifications of Certain Parts of the California Plumbing Code. The following portions of the "California Building Code", 2001 Edition, are hereby amended: 1. Pursuant to Section 103.4 of the California Plumbing Code (Permit Fees) plumbing fees shall be by the current fee resolution as adopted by the City Council for the City of Atascadero. 8-5.103 Building Sewers. The California Plumbing Code, as adopted by Section 8-1.101 of this title, is amended as follows: A. The following requirements shall apply to building sewers and related drainage piping: City of Atascadero Ordinance No.477 Page 25 of 59 1. All building sewers shall be constructed with pipe of internal diameter not less than four (4) inches, unless a pipe of internal diameter not less than three(3)inches is approved by the Administrative Authority. 2. A cleanout shall be placed in every building sewer within five (5) feet of each building,at all changes in alignment or grade in excess of one hundred thirty five (135) degrees, within five (5) feet of the junction with the public sewer, and at intervals not to exceed one hundred(100) feet in straight runs. The cleanout shall be made by inserting a "Y" fitting in the line and fitting the cleanout in the "Y" branch in an approved manner. In the case of a cleanout near the junction of the public sewer, the "Y" branch riser shall be extended to a depth of not more than one (1) foot. All other cleanouts shall be extended to finish grade. 3. Drainage piping serving fixtures located at an elevation of less than one (1) foot above the nearest upstream manhole cover in the main sewer serving said fixtures shall drain by gravity into the main sewer, and shall be protected from backflow of sewage by installing an approved backwater valve. Each such backwater valve shall be installed only in that branch or section of the drainage system that receives the discharge from fixtures located less than one (1) foot above the nearest upstream manhole cover. B. Private Sewage Disposal Systems. The design, installation operation and maintenance of private sewage disposal systems shall be in conformance with Appendix K of the Uniform Plumbing Code and with standards specified in this section. Where specific standards are not provided within this section or where the Administrative Authority determines that higher requirements are necessary to maintain a safe and sanitary condition, the "Water Quality Control Plan, Central Coast Basin" (adopted by the Regional Water Quality Control Board of the Central Coast Region) or other recognized industry standards may be used as a guideline by the Administrative Authority. C. Percolation Test. An on-site investigation shall be made by a registered engineer competent in sanitary engineering in order to determine the suitability of a particular site for a private sewage disposal system and to provide the data necessary to design a private sewage disposal system. A percolation test shall be required prior to issuance of a permit for all new or enlarged private sewage disposal systems. D. Test Procedures. The following percolation test procedure shall be used in performing percolation tests, except that other accepted test procedures may be used when approved by the Administrative Authority: City of Atascadero Ordinance No.477 Page 26 of 59 1. Number and Location of Test Holes. A minimum of three separate test holes spaced uniformly through and located in the immediate vicinity of the proposed leach field site are to be made. 2. Type of Test Holes. The test hole shall have horizontal dimensions between four(4) and twelve (12) inches and vertical sides to the depth of the absorption trench. 3. Preparation of Test Holes. Smeared soil surfaces shall be removed from the sides and bottom of the test hole to provide a natural soil interface. All loose material shall be removed from the test hole. Two (2) inches of coarse sand or fine gravel shall be added to the test hole to protect the bottom from scouring and sediment. 4. Soil Saturation and Swelling. The test hole is to be carefully filled to a depth of one (1) foot above the gravel or sand with clear water, which is to be kept in the hole for at least four (4) hours but preferably overnight. This step may be omitted in sandy soils containing little or no clay. 5. Measurement of Percolation Rate. The percolation rate shall be determined twenty-four (24) hours after water is first added to the test holes; except, in sandy soils containing little or no clay, the percolation rate shall be determined after the water from one (1) filling, of the test hole has completely seeped away. (i) If water remains in the test hole after the overnight swelling period, adjust the depth to approximately six (6) inches over the gravel or sand and, from a fixed referenced point, measure the drop in water level over a thirty (30) minute period to calculate the percolation rate. (ii) If no water remains in the test hole after the overnight swelling period, add clear water to bring the depth of water in the test hole to approximately six (6) inches over the gravel or sand. From a fixed reference point, measure the drop in water level at approximately thirty (30) minute intervals over four (4) hours refilling six (6) inches over the gravel or sand as necessary. The drop that occurs during the final thirty (30) minute period is used to calculate the percolation rate. The drops during prior periods provide information for possible modification of the test procedure to suit local conditions. (iii) In sandy soils (or in other soils in which the first six (6) inches of water seeps away in less than thirty (30) minutes after the overnight swelling period), the time interval between measurements shall be taken as ten (10) minutes and the test City of Atascadero Ordinance No.477 Page 27 of 59 shall run for one (1) hour with the drop during the final ten (10) minutes being used to calculate the percolation rate. 6. Deep Boring. A soil boring, to a minimum depth of ten (10) feet below the bottom of the absorption trench or pit, shall be made in order to determine the presence of impermeable bedrock and/or ground water. 7. General Design Standards. The following standards shall be used in the design of new or enlarged private sewage disposal systems where the percolation rate does not exceed one hundred twenty (120)minutes per inch. (i) Determination of Size of Absorption Area. The absorption area, measured in lineal feet of absorption trench, shall be calculated as set forth in this section. Tables 4-1 (Absorption Area Requirements) and 4-2 (Standard Trench Adjustment Factors), included in this chapter, shall be referred to as necessary. (absorption area per bedroom.) x (no. of bedrooms.) x adjustment factor (ii) Location of Private Sewage Disposal Systems. The minimum distance between components of a private sewage disposal system and other site features shall be as set forth in Table 4-3 (Horizontal Distance Separation) and Table 4-4 (Vertical Distance Separation). Where physical limitations on a site preclude conformance with distance separation requirements, the Administrative Authority may approve a lesser separation when the design is prepared by a registered engineer competent in sanitary engineering and when adequate substantiating data is submitted with the design. The Administrative Authority shall not approve a separation less than that set forth in the "Water Quality Control Plan--Central Coast Region" unless the Regional Water Quality Control Board or its designated representatives have previously approved the design. 8. Additional Standards: (i) Existing legal building sites that are served by an individual on-site well may be approved for a private sewage disposal system only if the site meets lot size standards for private sewage disposal systems. (ii) Private sewage disposal systems proposed to be installed on slopes of twenty percent (20%) or more shall be designed by and have their installation inspected and certified by a registered civil engineer. The design shall minimize grading City of Atascadero Ordinance No.477 Page 28 of 59 disruption associated with access for installation and maintenance. Such systems shall be prohibited on slopes of thirty percent (30%) or more, unless approved by both the Administrative Authority and the Regional Water Quality Control Board. (iii) When the percolation rates is more then thirty (30) minutes/inch, a private sewage disposal system shall be designed, inspected, and certified to work by a registered civil engineer. (iv) When the percolation rates exceeds one hundred twenty (120) minutes/inch, a private sewage disposal system, using solely dependent upon soil absorption, shall not be allowed. (v) The design of private sewage disposal systems shall incorporate an approved filtering device to remove solids from effluent at the outlet of septic tanks. (vi) When the percolation rate exceeds thirty (30) minutes/inch, a private sewage disposal system using a seepage pit shall not be allowed. (vii) Expansion area shall be provided on all building sites, shall be identified on all plans submitted for private sewage disposal systems, and shall remain available for system expansion. If areas reserved for system expansion are not accessible for future installation, then the expansion area shall be installed with the original system. (viii) Inspection risers with four (4) inches minimum diameter shall be installed at the ends of each absorption trench or bed. (ix) Septic tank manholes more than twenty-four (24) inches below grade, valves, distribution boxes, and pumps shall be permanently accessible to the surface in a manner acceptable to the Building Official. 9. Special Design Standards. The following standards shall be used in the design of new or enlarged private sewage disposal systems where the percolation rate exceeds sixty (60) minutes per inch. Designs for alternate types of private sewage disposal systems shall be by a registered civil engineer and may be approved by the Administrative Authority when the design engineer submits adequate substantiating data with the design. City of Atascadero Ordinance No.477 Page 29 of 59 (i) Determination of Size of Disposal Field. The size of the disposal field shall be determined by the design engineer using methods of accepted engineering practice including manuals and documents specified in this chapter or as otherwise approved by the Administrative Authority. (ii) Location of Private Sewage Disposal System. The minimum distance between components of a private sewage disposal system and other site features shall be as set forth in Table 4-3 (Horizontal Distance Separation) and Table 4-4 (Vertical Distance Separation) using the column entitled "Leach Field or Seepage Bed." (iii) When private sewage disposal systems are designed pursuant to this section, the design engineer shall provide the owner with information on the location, design operation and maintenance of the private sewage disposal system. (iv) Existing legal building sites that are served by an individual on-site well may be approved for a private sewage disposal system only if the site is one acre or larger in size and meets other regulations and requirements regarding distance separation. (v) Expansion area shall be provided on all building sites. 10. Replacement of Existing Private Sewage Disposal System. Where an existing private sewage disposal system has failed, the replacement system shall be designed in conformance with this chapter and shall be designed, inspected and certified to work by a registered civil engineer. In the event that the replacement system cannot be designed to conform with this chapter, the Administrative Authority may approve a system designed to lesser standards when it is designed, inspected and certified to work by a registered civil engineer. (i) A private sewage disposal system shall not be replaced by another system if sewers are available. (ii) The Administrative Authority shall not approve a replacement system that does not conform with prohibitions set forth in the "Water Quality Control Plan--Central Coast Basin," unless the Regional Water Quality Control Board or its designed representative has previously approved the design. The Administrative Authority may authorize a temporary means of sewage disposal pending such approval. (Ord. 360 § 3 (part), 1999) City of Atascadero Ordinance No.477 Page 30 of 59 Table 4-1.Absorption Area Requirements Absorption Percolation I Area Per Rate = Bedroom (Minutes/Inch) (Square Feet) 0 9... 150 ---__ 1.6--20 rv, 215 21..'.-25 230 26--30 ..._,.. 250 _ 31--35 136--40V 285_..... .... 141--45 300 46--50 ......... . ... ..... .330 j 71..--80 430 (81--90._.,..M.... 520 91 100 660 101--110 830 111' 120 1250 .w..v City of Atascadero Ordinance No.477 Page 31 of 59 Table 4-2. Standard Trench Adjustment Factor Depth of Gravel Trench Width (in inches) Below Pipes E(in Inches) .. ....._ w.._- _.. ,. .. .......... 30 `36 42 48�54 60 12 .82 .83 .85 .86 m € 18 _. _ _.. ...... .60 .64 .66 E .69 F7:71 ] .73...._ .75 .77 .78 24 50 54 .57 '[6 0 .62 .64 66 .68 70 ____ __ w .43 ._ .47 .50 .53 e....55 58 60 .62 64 E 36 . .... .. ........ ........ ....._ 37 . .41 .44 .47 .. ..50 .52 54 .56 .58 42_...... .33 X37 40 1 .43 w. m45 .4.8 ...50 .52 .54 48 ................ . .. .30 .._.33.._ .36.. 39.w.. .42 44_....3 .46 .48 .50 Note 1. For trenches not shown in Table 4-2, the standard trench adjustment factor may be computed as follows: Where W =width of trench (in feet) D =depth of gravel below pipe (in feet) W+2 W+ 1 +2D Table 4-3. Horizontal Distance Separation (In Feet) Building Septic Leach .Seepage . Sewer 'Tank Field or Pit Seepage ��.......�__...,.. w......: ....,......� ��....�_m.. ._� Bed ... Buildings or structures, including,2 5 8 ' 8 ' porches, steps, breezeways,, ° ` pcarports ....W... ..w..w._ whether p cove ed or not car orts � .,,..,.ry ..,,... ! Property line Clear 2 5 10 Water supply well 50 3 50 100 150 j Streams, when shown 7 1/2 minute 50 50 100 ! 100 ' USGS Map and when a defined channel with definite bed and banks exists r City of Atascadero Ordinance No.477 Page 32 of 59 Swales, ephemeral draws or otherl 50 50 natural watercourses with drainage' j areas larger than 10 acres Trees .. 10.,,.,w.� Seepage pits .J � 12 Leach field or seepage be4 . . 5 1 On site domestic water service line 1 a 5 IF-F-77 Distribution box -- -7 Pressure public water main 10 s 10 10 10 Sloping ground, cuts, or other -- -- 15 s , 15 s embankments Reservoirs, including ponds, lakes, 200 200 200' 200 7 tanks, basins, etc. for storage, regulation and control of watery recreation, power, flood control or 3 Springs. ..,. _ 100..w 100.. ..w. 100_...._�_.� 1.9�......_w..... Notes: (1) Distance separation shall be increased to twenty (20) feet when building or structure is located on a downward slope below a leach field, seepage bed or seepage pit. (2) See Section 315 (c) of Uniform Plumbing Code. (3) Distance separation may be reduced to twenty-five (25) feet when the drainage piping is constructed of materials approved for rise within a building. (4) See Section 1108 of Uniform Plumbing Code. (5) For parallel construction or crossings, approval by the Health Department shall be required. (6) Distance is measured as horizontal distance to daylight. This distance may be reduced where it is demonstrated that favorable geologic conditions and soil permeability exist based on a report and analysis prepared by a licensed geologist or soils engineer. (7) Distance is measured at spillway elevation. (*) See tree protection guidelines. City of Atascadero Ordinance No.477 Page 33 of 59 Table 4-4. Vertical Distance Separation (In Feet) Leach Field#or , Seepage T Ground Seepage ' Pit 5 ... .��_..� .. S water Bedrock 10 Note: Distance is measured from bottom of trench or pit. CHAPTER 6 PRIMARY MECHANICAL CODE 8-6.101 Adoption of California Mechanical Code: Certain documents marked and designated as the "California Mechanical Code", 2001 Edition, are hereby adopted for establishing administrative, organizational and enforcement rules and regulations for technical codes that regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings. Regulations, provisions, conditions and terms of such "California Mechanical Code", 2001 Edition, on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. 8-6.102 Modifications of Certain Parts of the California Mechanical Code. The following portions of the "California Mechanical Code", 2001 Edition, are hereby deleted: 1. Pursuant to Section 115.1 and 115.2 of the California Mechanical Code (Permit Fees) mechanical fees shall be by the current fee resolution as adopted by the City Council for the City of Atascadero. CHAPTER 7 SWIMMING POOL BARRIERS 8-7.101 Barriers for Swimming Pools, Spas and Hot Tubs. All swimming pools, spas and hot tubs within the City shall conform to the requirements as specified in sections 115920 through 115927 of the California Health and Safety Codes and Appendix Chapter 4 of the 2001 Edition of the California Building Code. City of Atascadero Ordinance No.477 Page 34 of 59 CHAPTER 8 PRIMARY HOUSING CODE 8-8.101 Adoption, of Uniform Housing Code. Certain documents marked and designated as the "Uniform Housing Code", 1997 Edition, published by the International Code Council, are hereby adopted for establishing administrative, organizational and enforcement rules and regulations for technical codes that regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, regulations, provisions, conditions and terms of such "Uniform Housing Code", 1997 Edition, published by the International Code Council, on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. 8-8.102 Modifications of Certain Parts of the Uniform Housing Code. The following portions of the "Uniform Housing Code", 1997 Edition, are hereby deleted: A. Section 203.1 (Appeals Board) B. Section 302 (Fees) 8-8.103 The following replaces Section 302 of the Uniform Housing Code: A. Whenever work is required to be done under the provisions of this Code, a building, plumbing, electrical, or mechanical permit may be required by the building official prior to the commencement of work. Appropriate fees shall be assessed by the building official pursuant to permit fee resolutions as adopted by the City Council. In the event that abatement proceedings must be initiated against a property in order to gain compliance with the provisions of this Code, all costs associated with the abatement shall be paid by the property owner pursuant to the provisions of Section 8- 2.110.1).1 of this Code. CHAPTER 9 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS 8-9.101 Adoption of Uniform Code for the Abatement of Dangerous Buildings. Certain documents marked and designated as the "Uniform Code for the Abatement of Dangerous Buildings", 1997 Edition, published by the International Code Council, are hereby adopted for establishing administrative, organizational and enforcement rules and regulations for technical codes that regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, regulations, provisions, conditions and terms of such "Uniform Code for the Abatement of Dangerous Buildings", 1997 Edition, published by the International Code Council, on file in the Building Division, are City of Atascadero Ordinance No.477 Page 35 of 59 hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. CHAPTER 10 UNREINFORCED MASONRY 8-10.101 Unreinforced Masonry Buildings A. Purpose. The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on unreinforced masonry bearing wall buildings. Such buildings have been widely recognized as posing a threat to life because of a history of poor performance, i.e. partial or complete collapse, during moderate to strong earthquakes. B. Provisions. The provisions of this chapter are intended as minimum standards for structural seismic resistance established primarily to reduce the risk of life loss or injury. Compliance with these standards will not necessarily prevent loss of life or injury or prevent earthquake damage to rehabilitated buildings. This chapter does not require alteration of existing electrical, plumbing, mechanical or fire safety systems (unless they constitute a hazard to life or property). C. This chapter provides systematic procedures and standards for identification and classification of unreinforced masonry bearing wall buildings based on their present use. Priorities, time periods and standards are also established under which these buildings are required to be structurally analyzed and anchored. Where the analysis finds deficiencies, this chapter requires the buildings to be strengthened or demolished. Qualified Historical Buildings shall comply with the State Historical Building Code (SHBC) established under Part 8, Title 24 of the California Administrative Code. (Ord. 360 § 2 (part), 1999; Ord. 226 § 1 (part), Exh. A (part), 1991) 8-10.102 Scope. The provisions of this chapter shall apply to all unreinforced masonry buildings. A. This chapter shall not apply to detached one- or two-family dwellings and detached apartment houses containing less than five dwelling units and used solely for residential purposes. B. This chapter shall not apply to warehouses and similar buildings used for emergency services or supplies. (Warehouses that have been converted to retail, office, commercial, or residential occupancies are not exempt.) City of Atascadero Ordinance No.477 Page 36 of 59 C. This chapter shall not apply to buildings owned by the Federal or State Government. (Buildings owned by local jurisdictions are not exempt.) All conforming and legal nonconforming buildings that are required to be strengthened by alteration as a result of this chapter shall not be required to comply with current site improvement standards of the City zoning ordinance, including parking and landscaping. In the event a building owner does not agree with zoning or signage conditions, he or she may seek relief through appeal to the Planning Commission. (Ord. 360 § 2 (part), 1999; Ord. 226 § 1 (part),Exh. A (part), 1991) 8-10.103 Definitions. For the purposes of this chapter, the applicable definitions in Sections 2302 and 2312 of the Uniform Building Code shall apply: A. "Essential building" means any building housing a hospital or other medical facility having surgery or emergency treatment areas; fire and police stations; municipal government disaster operation and communication centers. B. "High-risk building" means any building not classified as an essential building. Exception:A high-risk building shall not include the following: 1. Any building having exterior walls braced with masonry crosswalls or wood frame crosswalls spaced less than forty (40) feet apart in each story. 2. Crosswalls shall be full story height with a minimum length of one and one-half(1 1/2) times the story height. C. "Unreinforced masonry bearing wall" means a masonry wall having all of the following characteristics: 1. Provides the vertical support for a floor or roof. 2. The total superimposed load is over two hundred (200) pounds per lineal foot. 3. The area of reinforcing steel is less than fifty (50) percent of that required by Section 8-3.107 of this chapter. (Ord. 360 § 2 (part), 1999; Ord. 226 § 1 (part),Exh. A (part), 1991) City of Atascadero Ordinance No.477 Page 37 of 59 8-10.104 Rating classifications. The rating classifications shown in Table No. 8-10.104A of this section are established and each building within the scope of this chapter shall be placed in one such rating classification by the Building Official. Table No.8-10.104A Rating Classifications Type of Building Class Essential Building I High Risk Building H Exception: For the purpose of this chapter, portions of buildings constructed to act independently when resisting seismic forces may be placed in separate rating classifications. (Ord. 360 § 2 (part), 1999; Ord. 226 § 1 (part), Exh. A (part), 1991) 8-10.105 General requirements. A. The owner of each building within the scope of this chapter shall cause a structural analysis of the building to be made by a civil or structural engineer or architect licensed by the State of California. If the building does not meet the minimum earthquake standards specified in this chapter, the owner shall either cause it to be structurally altered to conform to such standards; or cause the building to be demolished. B. The owner of each building within the scope of this chapter shall comply with the requirements set forth above by submitting to the Building Official for review within the stated time limits: 1. On or before January 1, 2005, a structural analysis, which is subject to approval by the Building Official, and which shall demonstrate that the building meets the minimum requirements of this chapter; or 2. On or before January 1, 2005, a structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this chapter; or 3. On or before January 1, 2005,plans for the demolition of the building. C. After plans are submitted and approved by the Building Official, the owner shall obtain a building permit, commence and complete the City of Atascadero Ordinance No.477 Page 38 of 59 required construction within the time limits set forth in Table No. 8- 10.105A of this section. Table No. 8-10.105A Time Limits for Compliance Rating Occupant Deadline for Building Permit From Date of Permit Classification Load Submission Issuance Issuance of Deadline for Commence Rehabilitation Strengthening Within Complete Plans or Demolition Within I Any January 1, January 1, 180 days 3 years 2005 2005 I I Any January 1, January 1, 180 days 3 years 2005 2005 (Ord. 360 § 2 (part), 1999; Ord. 356 §§ 1, 2, 1999; Ord. 280 § 1, 1994: Ord. 226 § 1 (part), Exh. A (part), 1991) 8-10.106 Administration. A. Service of Order. The Building Official shall issue an order, as provided in subsection (b) of this section, to the owner of each building within the scope of this chapter within sixty(60) days from the effective date of these regulations. B. Contents of Order. 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 last equalized assessment, and upon the person, if any, in apparent charge or control of the building. 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 of this chapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of Section 8-10.105 of this chapter, which sets forth the owner's alternatives and time limits for compliance. C. Appeal Form Order. The owner or person in charge of or in control of the building may appeal to the Board of Appeals the Building Official's initial determination that the building is within the scope of this chapter. N GO cd >, Ln >, anOI U bA bA`+ ^ bA N N U ti f. 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UNIII. cd o s~ b co 6 W 'n UOa o0 City of Atascadero Ordinance No.477 Page 40 of 59 The value of ZCl/RW need not exceed the values set forth in Table 8- 10.107A. Exception: The Building Official, upon receipt of adequate justification prepared by a civil or structural engineer or architect licensed by the state, may accept structural analysis and design in accordance with the latest edition of the Uniform Code for Building Conservation, published by the International Conference of Building Officials, as an alternate method of compliance with the provisions of this chapter. B. Lateral Forces on Elements of Structures. Parts or portions of structures shall be analyzed and designed for lateral loads in accordance with Section 8-10.107(a) of this chapter and 2312(g) of the Uniform Building Code but not less than the value from the following equation: Fp =ZICp Wp (UBC 2312) Exception: Unreinforced masonry walls in buildings that are not of a Class I rating may be analyzed in accordance with Section 8-10.108. The value of Cp need not exceed the values set forth in Table 8-10.107C. C. Anchorage and Interconnection. Anchorage and interconnection of all parts, portions and elements of the structure shall be analyzed and designed for lateral forces in accordance with Table No. 8-10.107C of this code and the equation Fp = ZECp Wp as modified by Table No. 8- 10.107B. Minimum anchorage of masonry walls to each floor or roof shall resist a minimum force of two hundred (200) pounds per lineal foot acting normal to the wall at the level of the floor or roof. D. Level of Required Repair. Alterations and repairs required to meet the provisions of this chapter shall comply with all other applicable requirements of the Uniform Building Code unless otherwise specifically provided for in this chapter. E. Required Analysis. 1. General. Except as modified in this chapter, the analysis and design relating to the structural alteration of existing structures within the scope of this chapter shall be in accordance with the analysis specified in Chapter 23 of the UBC. 2. Continuous Stress Path. A complete, continuous stress path from every part or portions of the structure to the ground shall be provided for the required horizontal forces. City of Atascadero Ordinance No.477 Page 41 of 59 3. Positive Connections. All parts, portions or elements of the structure shall be interconnected by positive means. F. Analysis Procedures. 1. General. Stresses in materials and existing construction utilized to transfer seismic forces from the ground to parts or portions of the structure shall conform to those permitted by the Uniform Building Code and those materials and types of construction specified in Section 8-10.108. 2. Connections. Materials and connectors used for interconnection of parts and portions of the structures shall conform to the Uniform Building Code. Nails may be used as part of an approved connector. Table No. 8-10.107A Horizontal Force Factors Based on Rating Classification Rating Classification ZCl/RW I 0.229 II 0.183 Table No. 8-10.107B Horizontal Force Factors "ZI" for Parts or Portions of Structures Rating Classification ZCl/RW City of Atascadero Ordinance No.477 Page 42 of 59 I 0.50 II 0.40 3. Unreinforced Masonry Walls. Except as modified in this chapter, unreinforced masonry walls shall be analyzed as specified in UBC Sections 2406, 2407 and 2408 to withstand all vertical loads as specified in Chapter 23 of the Uniform Building Code in addition to the seismic forces required by this chapter. The fifty percent (50%) increase in the seismic force factor for shear walls as specified in Section 2407 (h) 4F of the Uniform Building Code may be omitted in the computation of seismic loads to existing shear walls. No allowable tension stress will be permitted in unreinforced masonry walls. Walls not capable of resisting the required design forces specified in this chapter shall be strengthened or shall be removed and replaced. Exception: (i) Unreinforced masonry walls in buildings not rated as a Class I building pursuant to Table No. 8-10.104 may be analyzed in accordance with Section 8-10.108. (ii) An unreinforced masonry wall that carries no design loads other than its own weight may be considered as veneer if it is adequately anchored to new supporting elements. G. Combination of Vertical and Seismic Forces. 1. New Materials. All new materials introduced into the structure to meet the requirements of this section that are subjected to combined vertical and horizontal forces shall comply with Section 2303 of the Uniform Building Code. 2. Existing Materials. When stresses in existing lateral force resisting elements are due to a combination of dead loads plus live loads plus seismic loads, the allowable working stress specified in the Uniform Building Code may be increased one hundred percent (100%). However, no increase will be permitted in the stresses allowed in Section 8-10.108, and the stresses in members due only to seismic and dead loads shall not exceed the values permitted by Section 2303 (d) of the Uniform Building Code. 3. Allowable Reduction of Bending Stress by Vertical Load. In calculating tensile fiber stress due to seismic forces required by this City of Atascadero Ordinance No.477 Page 43 of 59 chapter, the maximum tensile fiber stress may be reduced by the full direct stress due to vertical dead loads. Table No. 8-10.107C Horizontal Force Factor Cp Applicable to Rigid Items Elements of Structures and Nonstructural Components Value of Cp* A. Part of Portion of Structure 1. Walls, including the following: a. Unbraced (cantilevered) parapets......................................................... 2.00 b. Other exterior walls above the ground floor.............................................. 0.75 C. All interior bearing and nonbearing walls and partitions.............................. 0.75 d. Masonry or concrete fences over 6 feet high........................................... 0.75 2. Penthouse (except where framed by an extension of the building frame)............... 0.75 3. Connections for prefabricated structural elements other than walls, with force applied at center of gravity....................................................................0.75 4. Diaphragms ........................................................................................ B. Nonstructural Components 1. Exterior and interior ornamentations and appendages.................................... 2.00 2. Chimneys, stacks, trussed towers and tanks on legs a. Supported on or projecting as an unbraced cantilever above the roof more than one-half its total height.........................................................................2.00 b. All others, including those supported below the roof with unbraced projection above the roof less than one-half its height, or braced or guyed to the structural frame at or above its center of mass......................0.75 3. Signs and billboards........................................................................... 2.00 4. Mechanical, plumbing and electrical equipment and machinery and City of Atascadero Ordinance No.477 Page 44 of 59 associated piping............................................................................... 0.75 5. Tanks and vessels (plus contents), including support systems and anchorage.........0.75 6. Storage racks (include contents)..............................................................0.75 7. Anchorage for permanent floor-supported cabinets and bookstacks more than 5 feet in height (includes contents).....................................................0.75 8. Anchorage for suspended ceilings and light fixtures (See also Section 4701(e))...... 0.75 9. Access floor systems........................................................................... 0.75 * See Section 8-10.107(b) for use of Cp. See UBC C Table No. 23-P (1988) for footnote references. (Ord. 360 § 2 (part), 1999; Ord. 226 § 1,Exh. A (part), 1991) 8-10.108 Materials of construction. A. General. All materials permitted by the Uniform Building Code including their appropriate allowable stresses and those existing configurations of materials specified in this chapter may be utilized to meet the requirements of this chapter. B. Existing Materials. 1. Unreinforced Masonry Walls. Unreinforced masonry walls analyzed in accordance with this section may provide vertical support for roof and floor construction and resistance to lateral loads. The facing and backing of such walls shall be bonded so that not less than four (4) percent of the exposed face area is composed of solid headers extending not less than four (4) inches into the backing. The distance between adjacent full-length headers shall not exceed twenty-four (24) inches vertically or horizontally. Where the backing consists of two or more wythes, the header shall extend not less than four (4) inches into the most distant wythe, or the backing wythes shall be bonded together with separate headers whose area and spacing conform to the foregoing. Tension stresses due to seismic forces normal to the wall may be neglected if the walls do not exceed the height to thickness ratio in Table 8-13.108A and the in-plane shear stresses due to seismic loads as set forth in Table No. 8-10.108B. City of Atascadero Ordinance No.477 Page 45 of 59 If the wall height-thickness ratio exceeds the specified limits, the wall may be supported by vertical bracing members designed in accordance with this section. The deflections of such bracing member at design loads shall not exceed one-tenth of the wall thickness. Table No. 8-10.108A Allowable Value of Height-Thickness Ratio of Unreinforced Masonry Walls with Minimum Quality Mortar',2 Buildings with Crosswalks All Other Wall Location as Defined by Section AC2403 Buildings Walls of One Story Buildings 16 13 First Story Wall of Multi-Story Buildings 16 15 Walls in Top Story of Multi-Story Buildings 14 9 All Other Walls 16 13 (1) Minimum quality mortar shall be determined by laboratory testing in accordance with Section 8-10.108(e). (2) Table No. 8-10.108A is not applicable to buildings of rating Classification I. Walls of buildings within rating Classification I shall be analyzed in accordance with 8-10.107(f). Table No. 8-10.108B Allowable Shear Stress for Tested Unreinforced Masonry Wall Eighty Percent of Seismic In- plane Test Results of PSI Average Test Results Shear Based on Not Less Than of Cores in PSI Gross Areal 30 plus axial stress 20 3 psi 40 plus axial stress 27 4 psi City of Atascadero Ordinance No.477 Page 46 of 59 50 plus axial stress 33 5 psi 100 plus axial stress 67 or more 10 psi max or more 1 Allowable shear stress may be increased by addition of 10% of the axial stress due to the weight of the wall directly above. Exception: The wall may be supported by flexible vertical bracing members designed in accordance with Section 8-10.107, if the deflection at design loads is not less than one-quarter nor more than one-third of the wall thickness. All vertical bracing members shall be attached to floor and roof construction for their design loads independently of required wall anchors. Horizontal spacing of vertical bracing members shall not exceed one-half the unsupported height of the wall nor ten (10) feet. The wall height may be measured vertically to bracing elements other than a floor or roof. Spacing of the bracing elements and wall anchors shall not exceed six (6) feet. Bracing elements shall be detailed to minimize the horizontal displacement of the wall by components of vertical displacements of the floor or roof. 2. Existing Roof, Floors, Walls, Footings and Wood Framing. Existing materials including wood shear walls utilized in the described configuration may be used as part of the later load resisting system, provided that the stresses in these materials does not exceed the value shown in Table No. 8-10.108C. C. Strengthening of Existing Materials. New materials including wood shear walls may be utilized to strengthen portions of the existing seismic resisting systems in the described configurations provided that the stresses do not exceed the values shown in Table No. 8-10.108D. Table No. 8-10.108C Values for Existing Materials City of Atascadero Ordinance No.477 Page 47 of 59 Existing Materials or Configuration of Materials) Allowable Values 1. Horizontal Diaphragms. a. Roofs with straight sheathing and roofing 100 lbs. per foot for seismic shear applied directly to the sheathing. b. Roofs with diagonal sheathing and roofing 400 lbs. per foot for seismic shear applied directly to the sheathing. c. Floors with straight tongue and groove sheathing. 150 lbs. per foot d. Floors with straight sheathing and finished wood flooring. 300 lbs. per foot for seismic shear e. Floors with diagonal sheathing and finished wood flooring. 450 lbs. per foot for seismic shear f. Floors or roofs with straight sheathing and plaster Add 50 lbs. per foot sheathing and plaster applied to the joist or rafters.2 to the allowable values for Items la and Ic. 2. Shear Walls. Wood stud walls with lath and plaster. 100 lbs. per foot each side for seismic shear 3. Plain Concrete Footings. f= 1500 psi unless otherwise shown by tests. 4. Dolas Fir Wood. Allowable stress same as no. 1 D.F. 5. Reinforcing Steel. f= 18,000 lbs. per square inch maximum. 6. Structural Steel. f= 20,000 lbs. per square inch maximum.3 1 Material must be sound and in good condition. 2 The roof lath and plaster must be reattached to existing joists or rafters in a manner approved by the Building Official. 3 Stresses given may be increased for combinations of loads as specified in Section 8-10.107.G.2. City of Atascadero Ordinance No.477 Page 48 of 59 Table No. 8-10.108D Allowable Values of New Materials Used in Conjunction with Existing Construction Existing Materials or Allowable Values Configuration of Materials' From UBC Tables 1. Horizontal Diaphragms. Plywood Same as specified in Tables No. 25-J of sheathing applied directly over UBC. existing straight sheathing with ends of plywood sheets bearing on joists or rafters and edges of plywood located on center of individual sheathing boards. 2. Shear Walls. a. Plywood sheathing applied directly Same as values specified in Tables 25-- over existing wood studs. No value K of the UBC. shall be given to plywood applied over existing plaster or wood sheathing. b. Drywall or plaster applied directly 75% of the values specified in Table No. over the existing wood studs. 47-1 of the UBC. 3. Shear Bolts. Shear bolts and shear 100% of the values for solid masonry dowels embedded a minimum of 8 specified in Table No. 24E of UBC. No inches into unreinforced masonry values larger than those given for 1/4 walls, bolt centered in a 2-1/2 inch inch bolts shall be used. diameter hold with dry-pack or non- shrink grout around circumference of bolt or dowel.' 4. Tension Bolts. Tension bolts and 1200 lbs. per bolt or dowel. tension dowels extending entirely through unreinforced masonry walls secured with bearing plates on far side of wall with at least 20 sq. inches of area.2 5. Wall Anchors (8-10.109(2)(a)). a. Bolts extending to t he exterior face 600 lbs. per bolt. of the wall with a 2-1/2 inch round plate under the head. Installed as specified for shear bolts. Spaced not closer than 12 inches on centers.1,2 b. Bolts or dowels extending to the 1200 lbs. per bolt or dowel. exterior face of the wall with a 2-1/2 City of Atascadero Ordinance No.477 Page 49 of 59 inch round plate under the head and drilled at an angle of 22-1/2 degrees to the horizontal. Installed as specified in shear bolts.''2 Table No. 8-10.108D (Continued) Allowable Values of New Materials Used in Conjunction with Existing Construction Existing Materials or Allowable Values Configuration of Materials' From UBC Tables 6. Infilled Walls. Reinforced masonry Same as values specified for infilled openings in existing unreinforced masonry walls. unreinforced masonry walls with keys or dowels to match reinforcing. 7. Reinforced Masonry. Masonry piers Same values as specified in Chapter and walls reinforced per Section 2407 24, UBC. of the UBC. 8. Reinforced Concrete. Concrete Same values as specified in Chapter footings, walls, and piers reinforced as 26, UBC. specified in Chapter 26 of the UBC and designed for tributary loads. 9. Existing Foundation Loads. Calculated existing foundation loads Foundation loads for structures due to maximum dead load plus live exhibiting no evidence of settlement. load may be increased 25% for dead load and may be increased 50% dead load plus seismic load required by this Division. Notes: 1 Bolts and dowels to be tested as specified in Section 8-3.107(f). 2 Bolts and dowels to be 1/2 inch minimum in diameter. D. Alternate Materials. Alternate materials, designs and methods of construction may be approved by the Building Official in accordance with the provisions of the Uniform Building Code. E. Minimum Acceptable Quality of Existing Unreinforced Masonry Walls: City of Atascadero Ordinance No.477 Page 50 of 59 1. General Provisions. All unreinforced masonry walls utilized to carry vertical loads and seismic forces parallel and perpendicular to the wall plant shall be tested as specified in this subsection. All masonry quality shall equal or exceed the minimum standards established herein or shall be removed and replaced by new materials. Alternate methods of testing may be approved by the Building Official. The quality of mortar in all masonry walls shall be determined by performing in-place shear tests or by testing eight (8) inch diameter cores. Alternative methods of testing may be approved by the Building Official. Nothing shall prevent pointing with mortar of all the masonry wall joints before the tests are first made. Prior to any pointing, the mortar joints must be raked and cleaned to remove loose and deteriorated mortar. Mortar for pointing shall be Type S or N except that masonry cements shall not be used. All preparation and mortar pointing shall be done under the continuous inspection of a special inspector certified to inspect masonry or concrete, and approved by the Building Official. At the conclusions of the inspections of, the inspector shall submit a written report to the licensed engineer or architect responsible for the seismic analysis of the building setting forth the result of the work inspected. Such report shall be submitted to the Building Official for approval as part of the structural analysis. All testing shall be performed in accordance with the requirements specified in this subsection by a testing agency approved by the Building Official. An accurate record shall be kept of all such tests and of their locations in the building, and these results shall be submitted to the Building Official for approval as part of the structural analysis. 2. Number and Location of Tests. The minimum number of tests shall be two per wall or line of wall elements resisting a common force, or one (1) per fifteen hundred (1500) square feet of wall surface, with a minimum of eight (8) tests in any case. The exact test or core location shall be determined at the building site by the licensed engineer or architect responsible for the seismic analysis of the subject building. 3. In-Place Shear Tests. The bed joints of the outer wythe of the masonry shall be tested in shear by laterally displacing a single brick relative to the adjacent bricks in that wythe. The opposite head joint of the brick to be tested shall be removed and cleaned prior to testing. The minimum quality mortar in eighty percent (80%) of the shear tests shall not be less than the total of thirty (30) psi plus the axial stress in the wall at the point of the test. The shear stress shall be based on the gross area of both bed joints and shall be that at which movement of the brick is first observed. 4. Core Tests. A minimum number of mortar test specimens equal to the number of required cores shall be prepared from the cores and tested City of Atascadero Ordinance No.477 Page 51 of 59 as specified in this chapter. The mortar joint of the outer wythe of the masonry core shall be tested in shear by placing the circular core section in a compression testing machine with the mortar bed joint rotated fifteen (15) degrees from the axis of the applied load. The mortar joint tested in shear shall have an average ultimate stress of twenty (20) psi based on the gross area. The average shall be obtained from the total number of cores made. If test specimens cannot be made from cores taken, then the shear value shall be reported as zero. F. Testing of Shear Bolts. One-fourth of all new shear bolts and dowels embedded in unreinforced masonry walls shall be tested by a Special Inspector using a torque calibrated wrench to the following minimum torques: 1/2" diameter bolts or dowels =40 foot-lbs. 5/8" diameter bolts or dowels = 50 foot-lbs. 3/4" diameter bolts or dowels =60 foot-lbs. No bolts exceeding three-fourths (3/4) of an inch shall be used. All nuts shall be installed over malleable iron or plate washers when bearing on wood and heavy cut washers when bearing on steel. G. Determination of Allowable Stresses for Design Methods Based on Test Results. 1. Design Shear Values. Design seismic in-plane shear stresses shall be substantiated by tests performed as specified in subsections (e)(3) and (4) of this section. Design stresses shall be related to test results obtained in accordance with Table No. 8-10.108B. Intermediate values between three (3) and ten (10)psi may be interpolated. 2. Design Compressions for Tension Values. Compression stresses for reinforced masonry having a minimum shear value of three (3) psi shall not exceed one hundred (100) psi. Design tension values for unreinforced masonry shall not be permitted. H. Tests Required. Five percent (5%) of the existing rod anchors utilized as all or part of the required wall anchors shall be tested in pullout by an approved testing laboratory. The minimum number tested shall be four (4) per floor, with two (2) tests at walls with joist framing into the wall and two (2) tests at walls with joists framing into the wall and two tests at walls with joists parallel to the wall. The test apparatus shall be supported on the masonry wall at a minimum distance of the wall thickness from the anchor tested. The rod anchor shall be given a pre-load of three hundred (300) lbs. prior to establishing a datum for recording elongations. The City of Atascadero Ordinance No.477 Page 52 of 59 tension test load reported shall be recorded at one-eighth (1/8) inch relative movement of the anchor and the adjacent masonry surface. Results of all tests shall be reported. The report shall include the test results as related to the wall thickness and joist orientation. The allowable resistance value of the existing anchors shall be forty percent (40%) of the average of those tested anchors having the same wall thickness and joist orientation. I. Test Procedures. Qualification tests for devices used for wall anchorage shall be tested with the entire tension load carried on the enlarged head at the exterior face of the wall. Bond on the part of the device between the enlarged head and the interior wall face shall be eliminated for the qualification tests. The resistance value assigned the device shall be twenty percent (20%) of the average of the ultimate loads. (Ord. 360 § 2 (part), 1999; Ord. 226 § 1,Exh. A (part), 1991) 8-10.109 Information required on plans. A. General. In addition to the seismic analysis required elsewhere in this chapter, the licensed engineer or architect responsible for the seismic analysis of the building shall determine and record the information required by this section on the approved plans. B. Construction Details. The following requirements with appropriate construction details shall be made part of the approved plans: 1. All unreinforced masonry walls shall be anchored at the roof level by tension bolts through the wall as specified in Table 8-10.108D, or by approved equivalent at a maximum anchor spacing of six (6)feet. All unreinforced masonry walls shall be anchored at all floors with tension bolts through the wall or by existing rod anchors at the maximum anchor spacing of six (6) feet. All existing rod anchors shall be secured to the joists to develop the required forces. The Building Official may require testing to verify the adequacy of the embedded ends of existing rod anchors. Tests when required shall conform to Section 8-10.108(h). When access to the exterior face of the masonry wall is prevented by proximity to an existing building, wall anchors conforming to Items 5 and 6 in Table 8-10.108D may be used. Alternative devices to be used in lieu of tension bolts for masonry wall anchorage shall be tested as specified in Section 8-10.108(i). City of Atascadero Ordinance No.477 Page 53 of 59 2. Diaphragm chord stresses of horizontal diaphragms shall be developed in existing materials or by addition of new materials. 3. Where trusses and beams other than rafters or joists are supported on masonry, ledgers or columns shall be installed to support vertical load of the roof or floor members. 4. Parapets and exterior wall appendages not capable of resisting the forces specified in this chapter shall be removed, stabilized or braced to ensure that the parapets and appendages remain in their original position. 5. All deteriorated mortar joints in unreinforced masonry walls shall be pointed with Type S or N mortar. (Masonry cements shall not be used.) Prior to any pointing, the wall surface must be raked and cleaned to remove loose and deteriorated mortar. All preparation and pointing shall be done under the continuous inspection of a special inspector certified to inspect masonry or concrete, and approved by the Building Official. At the conclusion of the project, the inspector shall submit a written report to the Building Official setting forth the portion of the work inspected. 6. Repair details shall be prepared for any cracked or damaged unreinforced masonry wall required to resist forces specified in this chapter. C. Existing Construction. The following existing construction information shall be made part of the approved plans: 1. The type and dimensions of existing walls and the size and spacing of floor and roof members; 2. The extent and type of existing wall anchorage to floors and roof; 3. The extent and type of parapet corrections, if any, which were performed in accordance with the Uniform Building Code; 4. Accurately dimensioned floor plans and masonry wall elevations showing dimensioned openings, piers, wall thickness and heights; 5. The location of cracks or damaged portions of unreinforced masonry walls requiring repairs; 6. The type of interior wall surfaces and whether reinstalling or anchoring of ceiling plaster is necessary; City of Atascadero Ordinance No.477 Page 54 of 59 7. The general condition of the mortar joints and whether the joints need pointing. (Ord. 360 § 2 (part), 1999; Ord. 226 § 1, Exh. A (part), 1991) 8-10.110 Glossary of symbols and notations. c = Numerical coefficient as specified in UBC Section 2312 (e) 2B. cp = Numerical coefficient as specified in UBC Section 2312 (g) and given in Table No. 23-P. f c = Specified compressive strength of concrete, psi. Fp = Lateral forces on a part of the structure. fT That portion of the base shear, V, considered concentrated at the top of the structure in addition to Fn. hN = Height in feet above the base to Level i, n or x respectively. I = Importance Factor given in UBC Table No. 23-L. RW = Numerical coefficient given in Tables 23-0 and 23-Q of UBC. V = The total design lateral force or shear at the base. W = The total seismic dead load as defined in UBC Section 2312(e)1. WP = The weight of an element or component. Z = Numerical coefficient of 0.40 for Seismic Zone 4. (Ord. 360 § 2 (part), 1999; Ord. 226 § 1,Exh. A (part), 1991) CHAPTER 11 PRIMARY ENERGY CODE 8-11.101 Adoption of California Energy Code: Certain documents marked and designated as the "California Energy Code", 2001 Edition, specifically including, without limitation, the California Building Standards Commission's Emergency Standards "Building Standards Bulletin 01-03", dated on or about August 1, 2003, are hereby adopted for establishing administrative, organizational and enforcement rules and regulations for technical codes that regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings. Regulations, provisions, conditions and terms of such "California Energy Code", 2001 Edition, on file in the Building Division, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. CHAPTER 12 POST DISASTER REGULATIONS 8-12.101 SCOPE. City of Atascadero Ordinance No.477 Page 55 of 59 This subchapter 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 Building Services as well as authorized representatives to post appropriate placards at each entry point to a building or structure upon completion of a safety assessment. This subchapter also establishes standards and regulations for the 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 subchate does not allow exemptions from the building, fire, electrical, mechanical., and plumbingcodes, and other codes, or city ordinances. 8-12.102 APPLICATION OF PROVISIONS. A. The provisions of this subchapter 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 subchapter may be waived by the Building Official subject to an engineering evaluation as defined in Section 8-12.:103 of the Atascadero Municipal Code. 8-12.103 DEFINITIONS. For the purpose of this subchapter, the following definitions shall appy ARCHITECT. A person licensed by the State of California to practice architecture as prescribed by the State of California Business and Professions Code. BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this subchapter, or duly authorized representative. CIVIL ENGINEER. 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. The edition of the California Building Code published by the International Code Council, as adopted by the city in accordance with operation of law pursuant to Cal. Health & safety Code 1.8938. The edition to be applied shall be that edition in effect at the time of the declaration of a local emergency y the City Council. ENGINEERING EVALUATION. An evaluation of a damaged building or structure, or suspected damaged buildingor r structure, performed under the direction of a structural engineer, civil engineer, or architect retained by the owner of the buildings or structure. ENGINEERING EVALUATIONS shall at a minimum contain recommendations for repair with appropriate opinion of construction cost for those repairs. All City of Atascadero Ordinance No.477 Page 56 of 59 ENGINEERING EVALUATIONS shall include the engineer's or architect's stamp, wet-signature and license expiration date. ESSENTIAL SERVICE FACILITY. Those buildings or structures designated by the city to house facilities necessary for emergency operations subsequent to a disaster. EVENT. Any occurrence whish results in the declaration of a disaster by the City Council, including but not limited to, wind storms,earthquakes, fire and floods. HISTORIC BUILDING OR STRUCTURE. Any building or structure registered with a federal, state, county, or city government, or the register of points of interest. HISTORIC BUILDINGS AND STRUCUTRES shall also include those buildings and structures within a recognized historic district. SAFETY ASSESSMENT. 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. STRUCTURAL ENGINEER. Aperson 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. REPLACEMENT VALUE, The dollar value, as determined by a 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. VALUE OF REPAIR. The dollar value, as determined by a Building Official, for making necessary repairs to the damaged structure. 8-12.1.04 PLACARDS. A. The following official. placards shall be used to designate the condition of buildings or structures following a disaster. 1. Green: "INSPECTED — Lawful Occupancy Permitted" may 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. 2. Yellow: "RESTRICTED OR LIMITED ENTRY" may be posted on each damaged building or structure where the damage has created a hazardous condition. which justifies restricted occupancy. The Building Official who posts this placard will note in general terms the hazard created and will note in general terms the hazard created and will clearly and concisely note the restrictions on occupancy. City of Atascadero Ordinance No.477 Page 57 of 59 3. Red: "UNSAFE —Do Not Enter or Occupy 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 a building official. Safety assessment teams are authorized to enter these buildings at any time. This placard shall not be used or considered as a demolition order. The official who posts this placard shall note in general terms damage encountered. C. Once the placard has been attached to a building or structure, it shall not be removed, altered or covered until authorized by a building official. 8-12.105 REPAIR CRITERIA. Buildings and structures of all occupancies which have been damaged as the result of a disaster, except as otherwise noted, shall be repaired in accordance with the following criteria: A. When the estimated.value of repairs does not exceed 10% of the replacement value of the structure, the damaged portion may be restored to the pre-disaster condition; except that when the damaged elements include suspended ceiling systems, the ceiling system shall be repaired with all bracing required by current code. B. When the estimated value of repair is greater than 10% but less than 50% 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 50% 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 codes. D. 1n. Group .R, Division 3 occupancies, the repair value of damaged chimneys may be excluded from the computation of percentage of replacement value. 8-12-106 REPAIR CRI'T'ERIA FOR HISTORIC BUILDINGS OR STRUCTURES. 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 8-12.107 with due consideration given to the historical rating and nature of the structures. Additional standards and criteria, as noted in the Cal. Code of Regs. Title 24,Part 8 shall apply. City of Atascadero Ordinance No.477 Page 58 of 59 C. Where conflicts exists between the standards contained herein and the State of California Historic Code, the Historic Building Code shall govern. 8-13-107 REPAIR CRITERIA FOR UNREINFORCED MASONRY BUILDINGS. 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 and the Atascadero Municipal Code. SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective. SECTION 5: A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public. SECTION 6. Effective Date. This ordinance shall be effective at 12:01 a.m. on the 31St day after its passage. City of Atascadero Ordinance No.477 Page 59 of 59 INTRODUCED at a regular meeting of the City Council held on June 14, 2005, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on June 28, 2005,by the following roll call vote: AYES: Council Members Clay, Luna, O'Malley, Pacas and Mayor Scalise NOES: None ABSTAIN: None ABSENT: None CITY OF ATASCADE O By: �-Wendy lisey�'yor i` AT'T'EST: t.. Marcia McClure Torgerson, C.M.C.,Pity Clerk APPROVE AS TO FORM: Patricgkl,. Eng ity Attorney