HomeMy WebLinkAboutAgenda Report - November 17, 2010 K-08AGENDA ITEM K-08
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Ordinance No. 1841 Entitled, "An Ordinanceof the City Council of the City of Lodi
Amending Lodi Municipal Code Title 15 — Buildings and Construction — by Adding
Chapter 15.22, `ATC -20 Safety Assessment Placards,' Used to Denote Conditions
Relatingto Continued Occupancyof Buildings"
MEETING DATE:
PREPARED BY:
November 17,2010
City Clerk
RECOMMENDEDACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1841.
BACKGROUND INFORMATION: Ordinance No. 1841 entitled, "An Ordinance of the City Council of
the City of Lodi Amending Lodi Municipal Code Title 15 — Buildings
and Construction — by Adding Chapter 15.22, `ATC -20 Safety
Assessment Placards,' Used to Denote Conditions Relating to Continued Occupancy of Buildings," was
introduced at the regular City Council meeting of November 3, 2010.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code§ 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
FUNDING AVAILABLE:
RJ/JMR
Attachments
None.
None required
APPROVED:
counci I/councom/Ord inancel . d oc
9 —
Ranohl
City Clerk
Konradt Bartlam, Interim City Manager
ORDINANCE NO. 1841
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LODI AMENDING LODI MUNICIPAL CODE TITLE 15 —
BUILDINGSAND CONSTRUCTION — BYADDING CHAPTER
15.22, "ATC -20 SAFETY ASSESSMENT PLACARDS," USED TO
DENOTE CONDITIONS RELATING TO CONTINUED
OCCUPANCYOF BUILDINGS
WHEREAS, one of the functions of the Applied Technology Council ATC -20 publication
entitled Post-DisasterSafety Assessment Programwas the development of placards that clearly
identify the condition of buildings to owners and occupants during a disaster; and
WHEREAS, these placards were first used after the Loma Prieta earthquake in 1989;
and
WHEREAS, a panel was convened by the Applied Technology Council to review ATC -20
and update the publication and placards based on the Loma Prieta experience that
recommended revisions to the placards; and
WHEREAS, placards have been widely used in past earthquakes to denote the condition
of buildings and structures, and in many cases, the placards have been those recommended in
the ATC -20 publication; and
WHEREAS,. in past events, there have been a number of reports of placards being
removed from buildings by owners or tenants or an unauthorized change of placards, usually
from UNSAFE to one of the other categories, compromising the protection of the public; and
WHEREAS, adopting the ATC -20 recommended placards by ordinance makes them the
City's official placards and their use enforceable under this Code and the misuse or removal of
the placards punishable under this Code; and
WHEREAS, only authorized representatives cf a jurisdiction may place official placards,
and for this reason, the Post -Disaster Safety Assessment Program recommends that safety
assessment evaluators be deputized. If evaluators are not deputized, the jurisdiction must send
out its own personnei to post the buiidings. in accordancewith Article 1 ,, Section 8657(b) of the
California Emergency Services Act, local government is not financially responsible for providing
disaster volunteers with worker's compensation coverage if the jurisdiction deputizes and
registers the volunteers. Volunteering safety assessment evaluators registered with OES as
Disaster Service Worker Volunteers are provided worker's compensation coverage by the State
of California; safety assessment evaluators who are State or local government employees are
covered by their respective jurisdiction and respond to disasters under the terms of mutual aid
agreements.
BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1 _ Lodi Municipal Code Title 15 — Buildings and Construction — is hereby amended
by adding Chapter 15.22, "ATC -20 Safety Assessment Placards," to read as follows:
CHAPTER 15.22
ATC -20 SAFETY ASSESSMENT PLACARDS
Sections:
15.22.010
Intent
15.22.020
Application of Provisions
15.22.030
Definitions
15.22.040
Placards
Section 15.22.010 Intent
This Chapter establishes standard placards to be used to indicate the condition of a structure
for continued occupancy. This Chapter further authorizes the Building Official and his/her
authorized representatives to post the appropriate placard at each entry point to a building or
structure upon completion of a safety assessment.
Section 15.22.020 Application of Provisions.
(a) The provisions of this Chapter are applicable to all buildings and structures Cr all
occupancies regulated by the City of Lodi. The Council may extend the
provisions as necessary.
Section 15.22.030 Definitions.
(a) Safety assessment is a visual, non-destructive examination of a building or
structure for the purpose of determining the condition for continued occupancy.
Section 15.22.040 Placards.
(a) The following are verbal descriptions of the official jurisdiction placards to be
used to designate the condition for continued occupancy of buildings or
structures. Copies of actual placards are attached.
INSPECTED - Lawful Occupancy Permitted is to be posted on any
building or structure wherein no apparent structural hazard has been
found. This placard is not intended to mean that there is no damage to
the building or structure.
(2) RESTRICTED USE is to be posted on each building or structure that has
been damaged wherein the damage has resulted in some form of
restriction to the continued occupancy. The individual who posts this
placard will note on the placard in general terms the type of damage
encountered and will clearly and concisely note the restrictions on
continued occupancy.
(3) UNSAFE - Do Not Enter or Occupy is to be posted on each building or
structure that has been damaged such that continued occupancy poses a
threat to life safety. Buildings or structures posted with this placard shall
not be entered under any circumstance except as authorized in writing by
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the Building Official, or his/her authorized representative. Safety
assessment teams shall be authorized to enter these buildings at any
time. This placard is not to be used or considered as a demolition order.
The individual who posts this placard will note on the placard in general
terms the type of damage encountered.
(b) The number of the ordinance adopting this Chapter, along with the address and
phone number of the Building Division of the City's Community Development
Department, shall be permanently affixed to each placard.
(c) Once it has been attached to a building or structure, a placard is not to be
removed, altered, or covered until done so by an authorized representative of the
Building Official, including deputized safety assessment evaluators. It shall be
unlawful for any person, firm, or corporation to alter, remove, cover, or deface a
posted placard unless authorized to do so pursuant to this section.
(d) Placards Shall Read as Follows:
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INSPECTED
•. LAWFUL OCCUPANCY PERMITTED
Community Development Department, Building Division
221 West Pine Street, Lodi, California 95240
(209) 333-6714
Citv of Lodi Ordinance No. Adoated:
This structure has been inspected (as indicated below) and no apparent structural hazard
has been found.
C inspected Exterior Only
r7 Inspected Exterior and Interior
Report any unsafe condition to local authorities; Re -inspection may be required.
Inspector Comments:
Inspector ID/Agency;
Facility Name & Address:
Date:
Time:
(Caution: Aftershocks Since Inspection May Increase Damage and Risk)
This Facility was inspected under emergency conditions by:
Jurisdiction:
Address:
Telephone:
DO NOT REMOVE, ALTER OR COVER THIS PLACARD UNTIL AUTHORIZED BY
THE BUILDING OFFICIAL (LODI MUNICIPAL CODE §15.22.040)
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LIMITED ENTRY
OFF LIMITS TO UNAUTHORIZED PERSONNEL
DO NOT ENTER OR OCCUPY
.
(THIS PLACARD IS NOT A DEMOLITION ORDER
Community DevelopmentDepartment, Building Division
221 West Pine Street,Lodi, California95240
(209) 333-6714
Chy of Lodi Ordinance No. Adopted-,
This Structure has been Inspected, Found to be Seriously Damaged and is Unsafe to
Occupy, as Described Below:
DO NOT ENTER, EXCEPT AS SPECIFICALLY AUTHORIZED IN WRITING BY
JURISDICTION. ENTRY MAY RESULT IN DEATH OR INJURY.
Facility Name & Address:
This Facility was Inspected Under Emergency Conditions By:
Jurisdiction:
Address-,
Telephone:
[nspector ID/Agency:
Date:
Time:
DO NOT REMOVE, ALTER OR COVER THIS PLACARD UNTIL AUTHORIZED
BY THE BUILDING OFFICIAL (LODI MUNICIPAL CODE §15.22.040)
UNSAFE
Community Development Department, Building Division
221 West Pine Street, Lodi, California 95240
(209) 333-6714
Citv of Lodi Ordinance No. Adopted:
CAUTION: This Structure Has Been Inspected and Found to be Damaged as Described
Below:
Entry, Occupancyand Lawful Use are Restricted as Indicated Below:
Facility Name & Address:
Date:
Time:
(Caution: Aftershocks Since Inspection may Increase Damage and Risk)
This Facility was inspected under emergency conditions by:
f urisdiction:
Address;
Telephone:
inspector
[D/Agency:
DO NOT REMOVE, ALTER OR COVER THIS PLACARD UNTIL AUTHORIZED
BY THE BUILDING OFFICIAL (LODI MUNICIPAL CODE §15.22.040)
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Section 2. This ordinance is not intended to and shall not be construed or given effect in a
manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of
care towards persons or property within the City or outside of the City so as to provide a basis of
civil liability for damages, except as otherwise imposed by law.
Section 3. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
Section 4. This ordinance shall be published one time in the "Lodi News Sentinel," a daily
newspaperof general circulation printed and published in the City of Lodi, and shall be in force
and take effect 30 days from and after its passage and approval.
Approved this 17"' day of November, 2010.
PH I L KATZAKIAN
Mayor
Att
RAN L, City Clerk
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1841
was introduced at a regular meeting of the City Council of the City of Lodi held November 3,
2010, and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held November 17, 2010, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
further certify that Ordinance No. 1841 was approved and signed
date of its passage and the same has been publizNf
law.
City Clerk
Approved as to Form:
D. STEPHEN SCHWABAUER
City At ney, City of Lodi
JANICE_ . MAGDICH
-9eptfji City Attorney
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by the Mayor of the