HomeMy WebLinkAboutOrd 1114 Continued Occupancy of Buildings - 2nd ReadingORDINANCE NO, 1114
AN ORDINANCE OF THE CITY OF PALM DESERT, STATE OF
CALIFORNIA, ADDING A NEW CHAPTER 15.40 TO DIVISION 15 OF
THE MUNICIPAL CODE, RELATING TO PLACARDS USED TO
DENOTE CONDITIONS RELATING TO CONTINUED OCCUPANCY
OF BUILDINGS.
The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: That Ordinance No. 1114 is hereby approved.
Chapter 15.40 is added to Title 15 of the City of Palm Desert municipal code, to
read:
Chapter 15.40. Safety Assessment Placards.
Sections:
15.40.010 Intent
15.40.020 Application of Provisions
15.40.030 Definitions
15.40.040 Placards
Section 15.40.010 - Intent
This chapter establishes standard placards to be used to indicate the condition of
a structure for continued occupancy. The chapter further authorizes the Building
Official and his or her authorized representatives to post the appropriate placard
at each entry point to a building or structure upon completion of a safety
assessment.
Section 15.40.020 - Application of Provisions.
(a) The provisions of this chapter are applicable to all buildings and structures
and all occupancies regulated by the City Palm Desert. The Council may extend
the provisions as necessary.
Section 15.40.030 - Definitions.
(a) Safety assessment is a visual, non-destructive examination of a building or
structure for the purpose of determining the condition of the building or structure
for continued occupancy.
G:\BldgSfty\Amir Hamidzadeh\Ordinances\Placarding Ordinance Draft.rtf
Ordinance No. 1114
Section 15.40.040 - 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.
(1) INSPECTED - Lawful Occupancy Permitted (Green Placard) 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 (Yellow Placard) 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 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
the Building Official, or his or 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 in general terms the type of
damage encountered.
(b) This ordinance number, the name of the jurisdiction, its address, and phone
number 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. It shall be unlawful for any person, firm or corporation to alter,
remove, cover or deface a placard unless authorized pursuant to this section.
SECTION 2: The City Clerk of the City of Palm Desert, California, shall
certify to the passage adoption of this Ordinance and shall cause the same to be
published once in the Desert Sun, a newspaper of general circulation, circulated
within the City of Palm Desert, and the same be in full force and effect thirty (30)
days after its adoption.
Ordinance No. 1114
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council
this Day of , 20_, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jim Ferguson, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
MEETING DATE 3'023- b
Li CONTINUED TO_-_... CITY OF PALM DESERT
ErrASSEDTD2NDREADING BUILDING AND SAFETY DEPARTMENT
y �
STAFF REPORT
REQUEST:
Recommend City Council adopt a new Ordinance, No. 1114
Safety Assessment Placards
SUBMITTED BY: Ali Hamidzadeh, P.E., Director of Building and Safety
DATE: March 23, 2006
CONTENTS: Proposed Ordinance No. 1114 Safety Assessment Placards
Recommendation:
By Minute Motion waive further reading and pass Ordinance
No. 1114 to second reading.
Executive Summary:
The City of Palm Desert needs to adopt the official Office of Emergency Services
(OES) placards to put on the structures after a disaster.
The California Building Officials (CALBO) and OES utilize the Applied Technologies
Council (ATC-20) publication that has developed a process of placarding or posting of
buildings and structures after a disastrous event, that clearly identified the condition of
buildings to owners and occupants.
These revised placards have been included in the Post -Disaster Safety Assessment
Program, are referenced in the current City Emergency Response Plan, and in this
ordinance. Unless the placards are adopted by ordinance they are not enforceable
by the City and its representatives.
Discussion:
Placards have been widely used in past earthquakes to denote the condition of
buildings and structures. In many cases, the placards have been those recommended
in the ATC-20 publication. Unfortunately, most jurisdictions have not officially adopted
placards. Technically, these unofficial placards represent only a recommendation from
those who performed the evaluation. As a recommendation, the placards do not carry
the weight of law and cannot be enforced. Adopting the placards by ordinance makes
them official and enforceable. Once the placards have been adopted and before they
are printed, the jurisdiction seal, ordinance number, and the responsible department's
name, address, and phone number should be added.
Z:181dgSltytAmir Hamidzadeh\Staff Reports\Placard Ordinance.doc
Staff Report
Adopt Ordinance No. 1114
Page 2of2
March 23, 2006
In past events, there have been a number of reports of placards being removed from
buildings by owners or tenants. In other cases, there have been reports of the
unauthorized change of placards, usually from UNSAFE to one of the other categories.
In both cases, adopting placards by ordinance allows the jurisdiction to enforce the
posting with local police or sheriffs if necessary. Placards are placed on a building to
protect the owner, tenant, and the general public. No action should be permitted that
would compromise such protection.
State's Office of Emergency Services (OES) has a certification process in order to have
certified evaluators and coordinators. As indicated in the City's Emergency Response
Plan and as it is required by OES, only authorized representatives of the jurisdiction
who have such certifications, may place official placards.
The City of Palm Desert currently has two (2) OES certified coordinator and ten (10)
OES certified evaluators in the Building and Safety Department. Post -Disaster Safety
Assessment Program (SAP) recommends that the safety assessment evaluators be
deputized in the event of an emergency. If this is done, evaluators can place official
jurisdiction placards when they complete their evaluations. If evaluators are not
deputized, the jurisdiction must send out other certified personnel to post the buildings.
Submitted By:
Amir Hamidzadeh, P.E.
Director of Building and Safety
Approval:
Homer Croy, Assistant City Manager
for Development Services
Approval:
Carlos Ortegy�'�City Manager
Z:VBldgSftytAmir HamidzadehlStaff Reports\Placard Ordinance.doc
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