council staff report · city council of salt lake city 451 south state street, room 304 p.o. box...

CITY COUNCIL OF SALT LAKE CITY

451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476

COUNCIL.SLCGOV.COM TEL 801-535-7600 FAX 801-535-7651

KYLE LAMALFA | DISTRICT 2 | COUNCIL CHAIR || JILL REMINGTON LOVE | DISTRICT 5 | COUNCIL VICE CHAIR || CARLTON CHRISTENSEN | DISTRICT 1 ||

STAN PENFOLD | DISTRICT 3 || LUKE GARROTT | DISTRICT 4 || CHARLIE LUKE | DISTRICT 6 || SØREN SIMONSEN | DISTRICT 7

COUNCIL STAFF REPORT

CITY COUNCIL of SALT LAKE CITY

TO: City Council Members

FROM: Amber McClellan

Constituent Liaison

DATE: April 9, 2013

RE: Briefing: Emergency Management Issues: Building

Occupancy Resumption Program (BORP)

Employee Disaster Leave Program

PROJECT TIMELINE:

Building Occupancy Resumption

Program:

Briefing: April 9, 2013

Potential Action: April 23, 2013

Employee Disaster Leave:

Briefing: April 9, 2013

Set Date: April 23, 2013

Public Hearing: May 7, 2013

Potential Action: May 21, 2013

ISSUE AT-A-GLANCE

The Administration is requesting that the Council adopt the following by ordinances:

Building Occupancy Resumption Program (BORP)

The BORP would utilize local building inspectors and qualified volunteer inspectors to perform

emergency inspections following an earthquake that causes damage to buildings. The inspections would

determine whether buildings are safe to occupy. The proposal is designed to reduce inspection delays.

This voluntary program would allow participating businesses and building owners who satisfy

requirements set by the City an accelerated inspection and re-occupancy of their buildings after a

significant seismic event that result in building damage.

Employee Disaster Leave Program

This proposal that would grant leave with pay to employees who are certified disaster service employees

to participate in disaster relief services for up to 12 work days in any 12 month period. The proposal

would also create Title 22 – Local Emergencies, a separate title in Salt Lake City Code, to give local

emergency provisions greater prominence. The proposal is part of the City’s efforts to actively prepare

for disasters and catastrophic events.

Page | 2

POLICY

1. Could the Building Occupancy Resumption Program be expanded to include other disasters, such as

fires and floods?

2. What is the Administration’s plan for outreach to businesses, in particular local small businesses, to

encourage participation in the BORP?

ADDITIONAL & BACKGROUND

Building Occupancy Resumption Program

The Building Occupancy Resumption Program was first implemented in San Francisco and is now being used in

multiple states.

Preauthorized emergency inspections can reduce inspection delays. Salt Lake City inspection personnel are

typically dispatched first to areas of greatest damage and public hazard. This may not include the buildings in

question and could take several weeks or even months to complete the process of inspecting all commercial

buildings.

In June 2012, the Structural Engineers Association of Utah (SEAU) attended a meeting with Council Member

Søren Simonsen and other licensed engineers and architects to discuss the possibility of implementing a BORP.

The program is supported by the SEAU as well as the State Emergency Management Team.

Employee Disaster Leave

The Disaster Leave Authorization Ordinance authorizes employees paid leave to participate in disaster response

outside of the City through the Voluntary Organizations Active in Disaster (VOAD). This enables approximately

20 properly trained and certified emergency response employees to gain valuable experience by assisting in

active, declared disasters responses. The experience would enhance Salt Lake City’s ability to respond to a local

disaster Deployments could be authorized by the Administration if the deployment does not create a hardship.

The National VOAD coalition includes over 50 organizations including faith-based, community-based and other

non-governmental organizations. The organizations deploy frequently to disaster and catastrophic events

around the country and will partner with Salt Lake City in the event a local response if need.

The value of the services provided by the Disaster Leave Program would be included in the “total amount of

services or other non-monetary assistance provided or fees waived” that may not exceed 1% of the City’s budget

for the year, Utah Code 10-8-2(2)(b).

A public hearing is required on the Disaster Leave Authorization Ordinance by Utah Code Section 10-8-

2(1)(a)(v).

cc: David Everitt, Bianca Shreeve, Holly Hilton, Eric Shaw, Mary De La Mare-Schafer, Orion Goff, Les Koch,

Larry Butcher, Randy Isbell, Cory Lyman, John Flynt, Eric Witt, Ed Rutan, Lynn Pace, City Council Liaisons,

Mayors Liaisons

ERIC D. S H AW

D'R~CTOR

MARY DE LA MARE'SCHAEF'"ER

ROBERT F'"ARRINGTON, .JR .

DEPARTMENT OF'" COMMUN I TY 6. ECONOMIC DEVELOPMENT

OF'"F'"ICE OF'" THE DIRECTOR

CITY COUNCIL TRANSMITTAL

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/ Date Received: 11 David Date sent to Council: (!J2J en 1'7..t){3

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TO: Salt Lake City Council DATE- January 22 2013

FROM

KYle

La::I:, :1:'::, CED Director ..J.~==-6/-='"",,-~~~'~~~~-SUBJECT: Building Occupancy Resumption Program Ordinance

STAFF CONTACT: Orion Goff, Building Services Director (801 )535-668 1

Cory Lyman, Emergency Management Program Director (801)799-3601

DOCUMENT TYPE: Ordinance

RECOMMENDATION : That the City Council approve the Building Occllpancy Resumption Program Ordinance

BUDGET IMPACT: None

BACKGROUND/DISCUSSION:

The pUI]JOse ofa Building Occupancy Resumption Program is for Salt Lake City to preauthorize a post~earthquake building inspection, which will allow a quick and thorough evaluation of possible building damage by qualified persons familiar with the structural design and life-safety systems of a building. This private emergency inspection can facilitate rapid decisions regarding the closure or occupancy of the building or occupancy of only specific building areas.

Following an ealihquake that causes building damage, Salt lake City Building Inspectors and qualified volunteer inspectors will be utilizing standard emergency inspection procedures to post whether or not buildings are safe to occupy, post event. The priority of these inspections will be geared toward public safety rather than expeditious business resumption. With current City Inspectors, the process of inspecting all commercial

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buildings could take several weeks or even months. Some businesses and building owners may wish to inspect and reoccupy their bui ldings more rapid ly than might be accomplished by the current Salt Lake City inspection process.

A program of private emergency building inspections, including the preauthorization ofa building owner's licensed structural engineer and qualified life-safety inspectors, is outlined in the attached program descliption. This program is referred to as the Building Occupancy Resumption Program (BORP) and is fashioned after a very successful program in San Francisco that is now being used in multiple states.

Preauthorized emergency inspection can reduce inspection delays, because jurisdiction inspection perso11l1el typically are dispatched first to areas of greatest damage or public hazard, which may not include the buildings in question.

PUBLIC PROCESS: This program was recommended by the Structural Engineers Association of Utah. (SEAU) A me ting of all stakeholders was held at the City and County Building in early 2012. The meeting was well attended by SEAU and many other licensed engineers and Architects . All in attendance were highly supportive of the proposed program. A presentation was also done at the State Capital for the State Emergency Management team, which was also well attended and demonstrated a consensus of supp0l1.

ATTACHMENTS: I. Ordinance approving the Building Occupancy Resumption Program 2. Building Occupancy Resumption Policy 3. Example Forms 4. Applied TeclU1ology Council A TC-20: Set Procedures for Postearthquake

Safety Evaluation of Buildings

SALT LAKE CITY ORDINANCE No. of2013

(Enacting Chapter 22.06 of the Salt Lake City Code Regarding the City's Bnilding Occupancy Resumption Program.)

An ordinance enacting Chapter 22.06 of the Salt Lake City Code addressing the creation and administration of Salt Lake City Corporation's Building Occupancy Resumption Program ("BORP").

WHEREAS, in the event of an earthqualce that results in damage to buildings, Salt Lake

City Corporation's ("City") building inspection resources will likely be strained beyond capacity

by voluminous requests to determine whether such buildings are safe to occupy; and

WHEREAS, the City's building inspection resources will be allocated with the primary

intent of addressing public safety concerns rather than attempting to facilitate the resumption of

business operations; and

WHEREAS, various businesses and building owners may desire to provide for the

inspection and reoccupation of their buildings more rapidly than the time frame that would be

possible using only the City's building inspection resources; and

WHEREAS, inspection delays occurring due to strain on the City's inspection resources

could be considerably diminished through pre-authorized emergency inspection of buildings by

qualified private inspectors; and

WHEREAS, the Salt Lake City Council finds that the creation of a Building Occupancy

Resumption Program that permits appropriate pre-authorized inspections of qualifYing buildings

subsequent to a significant earthquake promotes the health, safety, and welfare, ofthe citizens of

Salt Lake City.

NOW, THEREFORE, be it ordained by the City Council of Salt Lalce City, Utah:

1

SECTION 1. Chapter 22.06 of the Salt Lalce City Code, shall be and hereby is enacted

to read as follows:

22.06.010

22.06.020 22.06.030 22.06.040 22.06.050 22.06.060 22.06.070

22.06.010

CHAPTER 22.06

BUSINESS OCCUPANCY RESUMPTION PROGRAM

ESTABLISHMENT OF THE BUSINESS OCCUPANCY RESUMPTION PROGRAM DEFINITIONS ADMINISTRATION ADOPTION OF RULES AND REGULATIONS PARTICIPATION IN THE BORP PLAN IMPLEMENTATION OF BORP INSPECTIONS TERMINATION OF BORP PLAN ELIGIBILITY

ESTABLISHMENT OF THE BUSINESS OCCUPANCY RESUMPTION PROGRAM

There is hereby established a voluntary Business Occupancy Resumption Program ("BORP") through which participants who satisfy the requirements set forth in this chapter can provide for the accelerated inspection and re-occupancy of their building after a significant earthquake that results in damage to buildings.

22.06.020 DEFINITIONS

The terms below have the following meanings when used in this chapter:

A. APPROVED INPECTOR: An inspector who has been approved by the City for the roles of (1) reviewing and signing off on those portions of the applicant's BORP Plan pertinent to the inspector's area of expertise, and (2) performing inspections of appropriate qualifying buildings subsequent to a Triggering Event.

B. BORP: Building Occupancy Resumption Program.

C. BORP CERTIFICATE OF APPROVAL: A certificate issued by the City to the building owner upon approval ofthe BORP Plan pertaining to that particular building.

D. BORP LIST: The City's list of buildings that have a current BORP Certificate of Approval and are eligible for inspection by Approved Inspectors subsequent to a Triggering Event.

2

E. BORP PLAN: A package of information pertaining to a particular building that has been prepared for the purpose of determining whether that building will be included on the City's BORP List.

F. TRlGGERING EVENT: An earthquake large enough to create a declared state of emergency within the City.

22.06.030 ADMINISTRATION

The BORP Program will be administered by the City's Building Official or by the Building Official's Designee.

22.06.040 ADOPTION OF RULES AND REGULATIONS

The Building Official or Designee may adopt rules and regulations approved by the Mayor to implement the provisions of this chapter. Such rules and regulations shall not conflict with this chapter or any other law effective within the boundaries of Salt Lake City.

22.06.050 PARTICIPATION IN THE BORP PLAN

Applicants desiring to add a particular building to the City's BORP List may petition for the inclusion ofthe building by submitting a BORP Plan to the City'S Building Official or Designee for review and approval. The building will only be added to the City's BORP List if the Building Official or Designee determines the submitted BORP Plan satisfies all requirements set forth in this chapter and in any rules or regulations adopted by the Building Official or Designee in accordance with Salt Lake City Code Section 22.06.040.

22.06.060 IMPLEMENTATION OF BORP INSPECTIONS

Upon the occurrence of a Triggering Event, any building that is included on the City's BORP List may be inspected by the appropriate Approved Inspectors pursuant to the approved procedures as set forth in this chapter and in any rules and regulations adopted by the Building Official or Designee in accordance with Salt Lake City Code Section 22.06.040.

22.06.070 TERMINATION OF BORP PLAN ELIGIBILITY.

A building may be removed from the City's BORP List for one or more of the following reasons:

A. The period of BORP List Eligibility specified in the rules and regulations adopted by the Building Official or Designee in accordance with Salt Lake City Code Section 22.06.040 has expired, and the applicant has not submitted any requisite renewal form required by such rules and regulations; or

3

B. The approved inspectors who participated in the review and preparation of the BORP Plan are no longer available to provide necessary inspections.

SECTION 2. This ordinance shall become effective on the date of its first publication.

Passed by the City Council of Salt Lake City, Utah, this ___ day of

~~~~~_, 2013.

CHAIRPERSON

ATTEST:

CITY RECORDER

Transmitted to the Mayor on __________ _

Mayor's Action: __ Approved. Vetoed.

MAYOR ATTEST:

CITY RECORDER

(SEAL)

Bill No. -:--~_of2013. Published: ________ _

HD _ A TTY ·#27554-v I-BORP _ Ordinance.docx

4

APPROVEO AS TO FORM Salt lake CI It rney's Office oaITtee~~t±~~~ By ....

SALT LAKE CITY ORDINANCE No. of20l3

(Enacting Chapter 22.06 of the Salt Lake City Code Regarding the City's Building Occupancy Resumption Program.)

An ordinance enacting Chapter 22.06 of the Salt Lake City Code addressing the creation and administration of Salt Lake City Corporation's Building Occupancy Resumption Program ("BORF").

WHEREAS, in the event of an earthquake that results in damage to buildings, Salt Lake

City Corporation's ("City") building inspection resources will likely be strained beyond capacity

by voluminous requests to determine whether such buildings are safe to occupy; and

WHEREAS, the City's building inspection resources will be allocated with the primary

intent of addressing public safety concerns rather than attempting to facilitate the resumption of

business operations; and

WHEREAS, various businesses and building owners may desire to provide for the

inspection and reoccupation of their buildings more rapidly than the time frame that would be

possible using only the City's building inspection resources; and

WHEREAS, inspection delays occurring due to strain on the City's inspection resources

could be considerably diminished through pre-authorized emergency inspection of buildings by

qualified private inspectors; and

WHEREAS, the Salt Lake City Cmmcil finds that the creation ofa Building Occupancy

Resumption Progranl that permits appropriate pre-authorized inspections of qualifying buildings

subsequent to a significant earthquake promotes the health, safety, and welfare, ofthe citizens of

Salt Lalce City.

NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:

1

SECTION 1. Chapter 22.06 of the Salt Lake City Code, shall be and hereby is enacted

to read as follows:

CHAPTER 22.06

BUSINESS OCCUPANCY RESUMPTION PROGRAM

22.06.010 ESTABLISHMENT OF THE BUSINESS OCCUPANCY RESUMPTION PROGRAM

22.06.020 DEFINITIONS ADMINISTRATION

22.06.040 ADOPTION OF RULES AND REGULATIONS 22.06.050 PARTICIPATION IN THE BORP PLAN 22.06.060 IMPLEMENTATION OF BORP INSPECTIONS 22.06.070 TERMINATION OF BORP PLAN ELIGIBILITY

22.06.010 ESTABLISHMENT OF THE BUSINESS OCCUPANCY RESUMPTION PROGRAM

There is hereby established a volnntary Business Occupancy Resumption Program ("BORP") through which participants who satisfy the requirements set forth in this chapter can provide for the accelerated inspection and re-occupancy of their building after a significant earthquake that results in damage to buildings.


The terms below have the following meanings when used in this chapter:

A. APPROVED INPECTOR: An inspector who has been approved by the City for the roles 0[(1) reviewing and signing off on those portions of the applicant's BORP Plan pertinent to the inspector's area of expertise, and (2) performing inspections of appropriate qualifying buildings subsequent to a Triggering Event.

B. BORP: Building Occupancy Resumption Program.

C. BORP CERTIFICATE OF APPROVAL: A certificate issued by the City to the building owner upon approval of the BORP Plan pertaining to that particular building.

D. BORP LIST: The City'S list of buildings that have a current BORP Certificate of Approval and are eligible for inspection by Approved Inspectors subsequent to a Triggering Event.

2

E. BORP PLAN: A package of information pertaining to a particular building that has been prepared for the purpose of determining whether that building will be included on the City's BORP List.

F. TRIGGERING EVENT: An earthquake large enough to create a declared state of emergency within the City.

22.06.030 ADMINISTRATION

The BORP Program will be administered by the City's Building Official or by the Building Official's Designee.

22.06.040 ADOPTION OF RULES AND REGULATIONS

The Building Official or Designee may adopt rules and regulations approved by the Mayor to implement the provisions of this chapter. Such rules and regulations shall not conflict with this chapter or any other law effective within the boundaries of Salt Lake City.

22.06.050 PARTICIPATION IN THE BORP PLAN

Applicants desiring to add a particular building to the City's BORP List may petition for the inclusion of the building by submitting a BORP Plan to the City's Building Official or Designee for review and approval. The building will only be added to the City'S BORP List if the Building Official or Designee determines the submitted BORP Plan satisfies all requirements set forth in this chapter and in any rules or regulations adopted by the Building Official or Designee in accordance with Salt Lake City Code Section 22.06.040.

22.06.060 IMPLEMENTATION OF BORP INSPECTIONS

Upon the occurrence of a Triggering Event, any building that is included on the City'S BORP List may be inspected by the appropriate Approved Inspectors pursuant to the approved procedures as set forth in this chapter and in any rules and regulations adopted by the Building Official or Designee in accordance with Salt Lake City Code Section 22.06.040.

22.06.070 TERMINATION OF BORP PLAN ELIGIBILITY.

A building may be removed from the City'S BORP List for one or more of the following reasons:

A. The period of BORP List Eligibility specified in the rules and regulations adopted by the Building Official or Designee in accordance with Salt Lake City Code Section 22.06.040 has expired, and the applicant has not submitted any requisite renewal form required by such rules and regulations; or

3

B. The approved inspectors who participated in the review and preparation of the BORP Plan are no longer available to provide necessary inspections.

SECTION 2. This ordinance shall become effective on the date of its first publication.

Passed by the City Council of Salt Lake City, Utah, this ___ day of

_____ ---',2013.

CHAIRPERSON

ATTEST:

CITY RECORDER

Transmitted to the Mayor on __________ _

Mayor's Action: __ Approved. Vetoed.

MAYOR ATTEST:

CITY RECORDER

(SEAL)

Bill No. -:--__ of2013. Published: _______ _

HB _ AT1'Y ~#27554~v 1-130RP _ Ordinance.docx

4

BUILDING OCCUPANCY RESUMPTION PROGRAM

SALT LAKE CITY CORPORATION BUILDING SERVICES

EMERGENCY OPERATIONS PLAN

Page 1 of 14

SALT LAKE CITY BUILDING SERVICES EMERGENCY OPERATIONS PLAN


TABLE OF CONTENTS

I. Purpose 3

II. Preparation 3

III. Emergency Inspector Requirements 4

IV, Emergency Inspection Program 4

V, Precertification Documentation 5

VI. Precertification Acceptance 6

VII. Implementation 6

VIII. DBI Verification 7

IX, Termination 7

FORMS & GUIDELINES:

Appendix A - Checklist 8

Appendix B - Owner Request for Precertification 9

Appendix C - Emergency Inspector Authorization 10

Appendix D - Biennial Program Renewal 11

Appendix E - Program Format 12

Appendix F - ATC 20 Detailed Evaluation Guidelines 15

,Appendix G - ATC 20 Detailed Evaluation Report Form 15

Page 2 of 14

SALT LAKE CITY BUILDING SERVICES City of Salt Lake 451 South State Street #215, Salt Lake City, Utah 84111


After a major earthquake involving damage to Salt Lake City buildings, it is important that local buildings can be inspected and reoccupied and that business can resume operations as soon as it is safely possible. The Division of Building Services and volunteer inspectors will be utilizing standard emergency inspection and posting procedures with priorities geared toward public safety rather than expeditious business resumption. Some building owners may wish to develop programs of private inspection for their buildings to permit rapid, individualized emergency response.

I. PURPOSE

The purpose of a pre-certified emergency inspection program is to allow a quick and thorough evaluation of possible damage to a structure by qualified persons familiar with the structural design and life-safety systems of the building. This private emergency inspection could facilitate rapid decisions regarding the closure or re-occupancy of building areas. Prearranged emergency inspection could reduce inspection delays, as City inspection personnel typically are dispatched first to areas of greatest damage or public hazard, which may not include the building in question.

II. PREPARATION

Building owners or their authorized representatives may request participation in this program at any time except during the aftermath of an earthquake resulting in a declared state of emergency. A building designated as having met the requirements outlined below in preparing for emergency response shall be placed on a list of buildings, which are accepted for private emergency inspection. There is no OBI fee for participation in this program.

Building owners who wish to participate in the program should take the following steps; more detail is available on referenced sections.

• Select emergency inspection team - (Section III, item A) • Obtain building plans • Write inspection plan - (Section IV, item 0) • Develop building information, evacuation plan, inspector response requirements,

equipment and drawing locations, and other pertinent information - Use Checklist -Appendix A

• Prepare precertification documentation (Section V) • Submit written building emergency inspection program, including inspection plan • Obtain and store emergency earthquake safety and inspection equipment/supplies

(Section III, item B) • Update inspection plan, supplies, personnel changes, and training as necessary

Page 3 of 14

• Submit Biennial Renewal form - Appendix D - before each biennial anniversary of initial approval date every other year

III. EMERGENCY INSPECTOR REQUIREMENTS - A minimum of one primary and one alternate inspector shall be retained by the building owner for each applicable inspection discipline. The structural inspection team shall consist of the primary and/or alternate inspector and any additional structural engineer or person trained in ATC 20 procedures, as required. Few architects consider structural inspections within their purview; however, architects can add expertise to an inspection team to address nonstructural hazards such as blockage of exits, facade and ceiling assembly hazards and life safety system performance. Architects/engineers experienced with historical structures should be considered for the emergency inspection of historic buildings.

Approved emergency inspectors for this program will be deputized by the City of Salt Lake to give them authorization to perform inspections and post buildings which are on the precertified list with official City placards. The extent of responsibility and liability is governed by the agreement between the owner and inspectors.

A. Minimum Qualifications and Requirements 1. Structural Inspectors

a. Current Utah license as a professional civil or structural engineer or architect b. Relevant experience in the structural design and/or inspection of similar buildings c. Proficiency in ATC-20 Detailed Evaluation Procedures

2. Elevator Inspectors a. Employment by a firm engaged in elevator maintenance and installation as their primary business. b. Familiarity with the building elevator installation

3. Life-safety System Inspectors (required for high-rise buildings) a. Familiarity with building life-safety system

B. Required Documents, Equipment and Supplies 1. Copy of building Emergency Inspection Program including evacuation plan and other

pertinent information 2. Structural, architectural, and/or life-safety system drawings; or

[If building is so old that structural drawings do not exist or are not clear enough to allow a good understanding of the actual structural system] As-built drawings or a clear description of the structural system and any known weaknesses and unique features

3. Personal safety equipment including hardhat, protective clothing, respirator, etc. 4. Inspection equipment including flashlights, measuring devices, ladders, and other applicable items 5. ATC-20 Detailed Evaluation forms (latest edition) for reporting inspection findings to Salt

Lake City 6. Caution tape and barricades 7. Walkie-talkies or other emergency communication equipment for large buildings, if applicable 8. Sufficient green, yellow, and red official City safety assessment placards to provide one of

each color for each entrance to the building - to be supplied by City upon approval

IV. EMERGENCY INSPECTION PROGRAM - The program shall include the following information. Please use the fill-in-the-blank format - Appendix E - for items A-C below. The form can be downloaded from the Internet (http://www.slcgov.com/) or requested on computer disk for easier completion.

Page 4 of 14

A. List of primary and alternate emergency inspectors for this building with addresses and phone numbers, and email addresses for engineers and architects:

1. Licensed engineers/architects retained for structural inspection 2. Staff building engineers 3. Elevator firm, if elevator inspection required 4. Life-safety system inspectors, if required

B. Building information 1. Photograph of building 2. Address 3. Description of building including age, number of stories, size, materials 4. Estirnated current building valuation 5. Number of building entrances to be posted with City placards 6. Listing of building use(s) - offices, apartments, etc. 7. Description of structural system 8. Description of life-safety system including location of emergency power generator 9. Description of building fire detection and suppression systems 10. Description and locations of potential falling hazards 11. Location, type, and handling instructions for any hazardous material

C. Emergency response requirements and information including: 1. Trigger for activation of emergency response (e.g. declaration of emergency, >6.0earthquake, client request) 2. Access procedures and/or keys for entrance to the site and all building areas 3. Location of equipment and supplies 4. Location of Emergency Inspection Plan and on-site drawings

D. Emergency inspection plan including: 1. Inspection guidelines consistent with ATC-20 Procedures for Postearthquake Safety

Evaluation of Buildings including Detailed Evaluation Procedure. Recommended methodology for welded steel joint inspection is FEMA 352, where required. (Note: BORP does not require connection inspection per FEMA 352 for pre-Northridge moment frame buildings.) These inspections may be required by the inspecting engineers, or Salt Lake City. For special inspection or materials testing, use only agencies preapproved by the City; a current list is available at 1660 Mission St., 3rd floor. 2. Detailed instructions regarding where to look, what to look for, and how to obtain

access to inspection areas. 3. Detailed instructions regarding how to inspect specific structural and non-structural

elements and how to interpret observed damage. 4. Detailed instructions regarding additional inspection procedures to be performed

following aftershocks. 5. [Optional] Placement of accelerometers. Instrumentation is recommended as part of an Emergency Inspection Program for all highrise buildings in Salt Lake City. Correct placement of accelerometers per Administrative Bulletin AB-058 can provide valuable postearthquake information about the performance of a building. This option may be considered in certain cases as a means of reducing the percentage of joints required to be inspected after an earthquake.

E. List of required documents, equipment and supplies and their location

V. PRECERTIFICATION DOCUMENTATION - Precertificalion must occur before the

Page 5 of 14

earthquake. No documentation will be accepted for a period of at least three months after a declared state of emergency. Submit two (2) copies each of the following to the Division of Building Services: A. Completed Emergency Inspection Program Checklist (Appendix A)

B. Request for Precertification form signed by building owner or authorized representative (Appendix B)

C. Evidence of emergency inspector qualifications for each individual: 1. Current Utah license as a professional civil or structural engineer or architect - license number 2. Signed Emergency Inspector Authorization form (Appendix C) showing relevant

experience in the structural design and/or inspection of buildings of similar size, construction, and complexity 3. Signed copies of Appendix C for elevator and/or life safety system inspectors, if

required

D. Copy of written Emergency Inspection Program (see content requirements and Appendix E)

VI. PRECERTIFICATION ACCEPTANCE - DBI will add the building to the list of buildings approved for the Building Occupancy Resumption Program and provide the following upon acceptance of precertification documentation:

A City signed Appendix A, Checklist

B. City signed Appendix B, Request for Precertification form

C. City signed copy of each Appendix C, Emergency Inspector Authorization form

D. Both copies of the accepted Emergency Inspection Program

E. Official City posting placards requested for main building entrances

F. Certificate of approval to display in building

VII. IMPLEMENTATION

A. Upon notification of an earthquake resulting in a declared state of emergency, the goal is to initiate the emergency inspection program within 8 hours of daylight access to building, or as agreed between inspecting engineers and owner.

B. Contact Building Services immediately if building or area (including sidewalk, street, or parking area) presents a public safety hazard or if emergency demolition or shoring permit is needed.

C. Arrange for barricading of all unsafe areas. Contact the Transportation Division, 801-535-6630, if areas barricaded include a City street or otherwise adversely affect City services, or if barricades provided by the building owner are insufficient.

D. Complete detailed evaluation as soon as reasonably possible.

E. Post building (green, yellow, or red) at the main entry of the building or at all entrances of

Page 6 of 14

multi-entrance buildings. Elevator and life safety inspection may occur separately from structural inspection.

F. Take preventive measures regarding gas leaks, release of hazardous materials, or other lifesafety mitigation.

G. At owner's and inspector's discretion, non-structural hazards may be mitigated per Salt Lake City procedures.

H. The goal is to submit ATC-20 Detailed Evaluation report (Appendix G) signed and dated by prequalified engineer(s)/architect to DBI within 72 hours of the declared state of emergency. If reports are not received by that time, an inspection may be made by City inspectors or deputized volunteer inspectors using standard City-wide inspection criteria.

VIII. OBI VERIFICATION - The Division of Building Services may perform inspection of a building accepted for the Building Occupancy Resumption Program under any of the following conditions:

A. The emergency inspector has reported the building unsafe and has posted it with a red placard.

B. There is reason to believe that unsafe conditions exist.

C. Building owners, tenants, other City agencies, or members of the general public have expressed specific concerns.

IX. TERMINATION - Before each biennial anniversary of original approval date, a courtesy reminder notice will be sent to owner or agent via email. If there is no response from the owner within 180 calendar days, or for one or more of the following reasons, the building may be removed from the Building Occupancy Resumption Program:

A. Biennial renewal forms have not been submitted.

B. Agreement between building owner and inspection team has been terminated.

C. Changes in building or inspection team do not meet minimum requirements.

Page 7 of 14

BUILDING OCCUPANCY RESUMPTION PROGRAM APPENDIX A CHECKLIST Building Address: Appendix A - This Checklist, marked by submitter to show all items submitted Appendix B - Request for Precertification - signed by building owner or authorized agent Appendix C - Emergency Inspector Authorization - signed, for each inspector Appendix E - Program Format - completed with applicable information including: List of primary & alternate emergency inspectors for this building w/addresses & phone numbers:

1. Licensed engineers/architects for structural inspection 2. Staff building engineers, if applicable 3. Elevator firm, if elevator inspection required 4. Life-safety system inspectors, if required

Building information 1. Photograph 2. Address 3. Description of building including age, number of stories, size, materials 4. Estimated current building valuation 5. Number of entrances for which placards are requested: 6. Listing of building uses - offices, apartments, etc. 7. Description of structural system 8. Description of life-safety system including location of emergency power generator 9. Description of building fire detection and suppression systems 10. Description and locations of potential falling hazards 11. Location, type, and handling instructions for any hazardous material

Emergency response requirements and information including: 1. Trigger for activation of emergency response 2. Access procedures for entrance to the site and all building areas 3. Location of equipment and supplies 4. Location of Emergency Inspection Plan and on-site drawings

Emergency inspection plan including: 1. Inspection guidelines consistent with latest edition of ATC-20 Procedures for Postearthquake Safety Evaluation of Buildings including Detailed Evaluation Procedure. 2. Detailed instructions regarding where to look, what to look for, and how to obtain access for inspection. 3. Detailed instructions regarding how to inspect specific structural and non-structural elements and how to interpret observed damage. 4. Detailed instructions regarding additional inspection procedures to be performed following aftershocks. 5. [Optional] Accelerometer placement - may reduce requirement for inspection of welded jo·lnts.

List of required documents, equipment and supplies and their location, including: 1. Copy of building Emergency Inspection Program inc!. evacuation plan & other pertinent info. 2. Structural, architectural, andlor life-safety system drawings; or as-built drawings or a clear description of the structural system and any unique features 3. Personal safety equipment including hardhat, protective clothing, respirator, and other applicable items 4. Inspection equipment including flashlights, measuring devices, ladders, & other needed items 5. ATC-20 Detailed Evaluation for reporting inspections to the Department of Building Inspection 6. Caution tape and' barricades 7. Walkie-talkies or other emergency communication equipment for large buildings, if applicable 8. Sufficient green, yellow, & red official City placards for each building entrance - supplied upon approval

Reviewed & Accepted by: Date:

RETURN ONE COpy OF THIS FORM TO BUILDING OWNER AFTER REVIEW & ACCEPTANCE

Page 8 of 14

BUILDING OCCUPANCY RESUMPTION PROGRAM APPENDIX B

REQUEST FOR PRECERTIFICATION [When used for Biennial Renewal, complete only if Owner has changed during last two

years.]

Precertification of the building at (address) , Salt Lake City, Utah, is requested for acceptance in the Division of Building Services Building Occupancy Resumption Program.

I certify that:

1. The owner of the building at the above address is: Address: ________________ Phone: ______ _

2. I am authorized to act as the owner's agent in requesting participation in the program.

3. The enclosed precertification documentation and written emergency inspection program complies with the minimum requirements of the Building Occupancy Resumption Program.

4. Emergency inspectors have been given a copy of the Emergency Inspection Program for the building at the address listed above.

5. Emergency inspectors have been given means of access to all areas of the building at all times of day and night or have been given instructions regarding obtaining accompanied access.

6. Emergency inspectors have access to the most recent accurate copies of all relevant structural, architectural, and life-safety drawings at all times.

7. All emergency inspectors will receive immediate notification of any changes in factors affecting the emergency inspection program (e.g. changes to structural or life-safety systems, access to buildings, etc).

(signature.--, ___________ Phone ________ Date ____ _ (typed name)

The precertification documentation for this building has been accepted by the Department of Building Inspection. The building will be placed on the list of buildings for the Building Occupancy Resumption Program.

Accepted by: ________________ Date: _______ _

RETURN ONE COPY OF THIS FORM TO BUILDING OWNER AFTER REVIEW & ACCEPTANCE

Page 9 of 14

BUILDING OCCUPANCY RESUMPTION PROGRAM APPENDIX C

EMERGENCY INSPECTOR AUTHORIZATION [When used for biennial renewal, complete only for NEW inspectors]

I request precertification as an emergency inspector for the building at, __________ _ Salt Lake City, Utah for the following type of emergency inspection: A. [ I Structural Inspector

I am a Utah licensed [ jengineer [ jarchitect Lic. No. ________ _ I certify that:

1. I have relevant experience in the design and/or inspection of similar buildings: 2. I am proficient in ATC-20 Detailed Evaluation Procedures and will complete any additional and/or refresher training in a manner consistent with maintaining readiness. 3. I am familiar with the emergency inspection plan and relevant drawings for this building. 4. I accept authorization as an emergency inspector by the City of Salt Lake Building Services and will display this form upon request.

B. [j Elevator Inspection Firm I certify that:

1. Employees of my firm are authorized as qualified elevator technicians by the building owner. 2. My firm is familiar with the building elevator equipment, installation, and operation. 3. I will report findings to the structural inspector for inclusion in emergency inspection reports, or submit findings directly to Building Services with copy to the structural inspector.

C. [ j Life-safety System Inspector I certify that:

1. I am familiar with the building life-safety system and have access to relevant drawings. 2. I will report findings to the structural inspector for inclusion in emergency inspection reports, or submit findings directly to Building Services with copy to the structural inspector.

(signature) Date:

(typed/printed name)

The structural engineers shown above are deputized as emergency inspectors for the above-listed building by the City of Salt Lake Building Services and are authorized to post this building with official City post-earthquake safety evaluation placards.

Accepted by: Date:

RETURN ORIGINAL OF THIS FORM TO BUILDING OWNER AFTER REVIEW & ACCEPTANCE BUILDING OWNER TO GIVE ORIGINAL TO INSPECTOR FOR !DENTIFICA TlON PURPOSES

Page 10 of 14


APPENDIX D

BIENNIAL PROGRAM RENEWAL

TO BE SUBMITTED EVERY OTHER YEAR BEFORE EACH BIENNIAL ANNIVERSARY OF ORIGINAL APPROVAL DATE

Building Address: ___________________ , Salt Lake City, Utah.

Estimated current building valuation is $ ___________ _

[ 1 No change has been made in the building or any element of emergency inspection program.

[ 1 All emergency equipment and supplies for the program have been checked and updated as necessary.

[ 1 The building owner has changed. The new owner is

A Request for Precertification form signed by the new owner is enclosed.

[ 1 Emergency inspectors/contact information has changed. Completed Emergency Inspector Authorization forms for new inspectors are enclosed.

[ 1 Changes have been made to the building that affect the Emergency Inspection Program. Emergency inspectors have been given revised drawings for any relevaht changes to the building.

[ 1 Emergency inspectors have been given a copy of all Emergency Inspection Program revisions.

Signed by: The designated contact person for biennial update (the structural inspector, or the owner, or the owner's agent):

(Signalure): ________________ Oate: ________ _

(Typednam~ ____________ ___

(Company): _______ (Phone No.): ______ (Emai/): ______ _

The updated documentation for this building has been accepted by Salt Lake City Building Services. The building will remain on the list of buildings for the Building Occupancy Resumption Program.

Accepted by: _______________ ,Oate: __________ _

RETURN ONE COPY OF THIS FORM TO BUILDING OWNER AFTER REVIEW & ACCEPTANCE

Page 11 of 14


APPENDIX E PROGRAM FORMAT

A. Emergency Inspectors (include address of firm)

1. Licensed engineers/architects retained for Structural Inspection:

2. Staff building engineers:

3. Elevator firm, if elevator inspection required:

4. Life-safety system inspectors, if required:

B. Building Information

1) Photograph 2) Address: 3) Description of building:

a) Date of original construction: _--:-:::--________ _ b) No. of stories beginning at ground floor: _______ _ c) No. of levels below ground: --;-________ ---::;:--;--;----d) Building height and square footage: Total square feet

e. Dimension of ground floor footprint: _______ _ f. Other recommended items:

Sketch or plan of each floor, roof, and basement level, and each exterior elevation. Identify all entrances, location of supplies, primary structural elements, and additional key inspection information.

4. Estimated current building valuation: $ 5. Number of entrances for which placards are requested: 6. Estimated number of occupants: 7. Listing of building use(s): 8. Description of structural system & materials:

9. Description of life-safety system including location of emergency power generator:

10. Description of building fire detection and suppression systems:

Page 12 of 14

11. Description & locations of potential falling hazards:

12. Information about hazardous material, including known friable asbestos-containing materials:

a. Location: Type:

Handling instructions:

b. Location: Type:

Handling instructions:

C. Emergency response requirements and information:

1. Trigger for activation of emergency response:

2. Access procedures and/or keys for entrance to the site and all building areas:

3. Location of equipment and supplies:

a. Drawings (structural, architectural, life-safety); Emergency Inspection Plan; evacuation plan; green, yellow & red official City safety assessment placards (one of each color for each building entrance); inspection report forms for owner; ATC-20 Detailed Evaluation forms:

b. Hard hats, gloves, safety glasses, respirators, flashlights, tape measures, micrometer, hammer, screwdriver, and walkie-talkies or other emergency communication equipment (if needed):

c. Ladders or other equipment needed for inspection access:

d. Caution tape, barricades

e. Other necessary equipment or supplies:

Page 13 of14

D. Emergency Inspection Plan - Please attach inspection guidelines for the building which are consistent with ATC-20 Procedures for Postearthquake Safety Evaluation of Buildings including Detailed Evaluation Procedure (Appendix F). The emergency inspection plan must include:

1. A detailed evaluation procedure.

2. Detailed instructions regarding where to look, what to look for, and how to obtain access to inspect specific structural and non-structural elements.

3. Detailed instructions regarding how to inspect specific structural and non-structural elements and how to interpret observed damage.

4. Detailed instructions regarding additional inspection procedures to be performed following aftershocks.

5. [Optional] Placement of accelerometers. (This option may be considered in certain cases as a means of reducing the percentage of joints required to be inspected after an earthquake.)

ATTACH AS MANY SHEETS AS NEEDED.

* * * * *

Appendices F & G - Pages 13-23 - are the "Detailed Evaluation Method," A TC-20 Postearthquake Safety Evaluation of Bui/dings and accompanying inspection report form, which are not included in the electronic version of the program. For a copy of this material please call Technical Services at 415-558-6084. To order a copy of the entire publication, contact the Applied Technology Council, 555 Twin Dolphin Drive, Suite 500, Redwood City, CA 94065,650-595-1542; email http://www.atcouncil.org/.

Page 14 of 14

RAlPH SECKER ~~

OfFICE OF THE MAYOR

CITY CO UNCIL TRANSMITTAL

SCANNED T0t[f SCANNED BY.

DATE: J'IfJ /'10/ nrE©rEO\iJrE fjj1

JAN 30 1013 ~I s/ /

David ' tt, Chi of Staff

I , Date Received: ~/'3

Date sent to Council: ~"3.

TO: Salt Lake City Council Kyle LaMalfa, Chair

FROM: David Everitt, Chief of Staff

DAT E: January 30, 2013

SUBJECT : Disaster Leave Ordinance and Creation of New Local Emergencies title of the City Code

STAFF CONTACT: Cory Lyman, Emergency Management Program Director (80 1)799-3601

DOCUMENT TYPE: Ordinance

RECOMMENDATION: The Administration recommends the Council review the employee Disaster Leave Program and approve the related ordinance.

The Administration also recommends that the Council create a new Local Emergencies title for thi s provision and other emergency related provisions.

BUDGET IMPACT: None

BACKGROUND/DISCUSSION: The City is active ly preparing for disaster and catastrophic event response. Employees can gain valuable experience in their assigned emergency response roles by assisting in active, declared disaster responses outside the city. This ordinance authorizes employees leave to participate in outside responses through the Voluntary Organizations Active in Disaster (VOAD).

City plans for disaster and catastrophic incidents invo lve assigning City employees nontrad itional tasks such as mass care and sheltering, volunteer and donated goods management and resource distribution. While employees can attend training and pru.1icipate in exercises, there is no substitute for the experience gained through deployment in a real disaster.

451 SOUTH STATE STREET, ROOM 306

P.O. BOX 14S474, SALT LAKE CITY, UTAH B4114-5474

TELEPHONE: 801·535·7704 FAX: 801-535-6331

www.slcgov.(om

@ .... o .. o •••• •

National Voluntary Organizations Active in Disaster (VOAD) is a non-profit, nonpartisan membership organization that serves as the forum where organizations share knowledge and resources throughout the di saster cycle .

The National VOAD coal ition includes over 50 of the country's most reputable national organizations (faith-based, corrununity-based and other non-governmental organizations) and 55 StatefTerritory VOADs, which represent Local/Regional VOADs and hundreds of other member organizations throughout the country.

Organizations in the VOAD deploy regularly to di saster and catastrophic events around the country and will be our partners in a local response when needed.

This ordinance will enable properly trained and certified City employees to deploy as VOAD volunteers. These deployments could be authorized by administration if the deployment does not create hardship and the experience will enhance the City' s ability to respond to local di sasters. Employee deployments could be a maximum of 12 days in a 12 month period.

The proposed ordinance is modeled on Utah Code Section 34-43- 10 1 et seq.

The value of the services provided by thi s program would be included in the "total amount of services or other non-monetary assistance provided or fees waived" that may not exceed 1% of the City's budget for the year. See Utah code 10-8-2(2)(b) .

If the City Council adopts the proposed Disaster Leave ordinance and/or the proposed Building Occupancy Resumption Program ("BORP") ordinance, which is being transmitted separately, the City Attorney recommends that the City Council create a new T itle 22 of the City Code - "Local Emergencies" - for emergency-related ordinances. The current ordinance provisions related to emergencies are contained in Chapter 2.09 of Title 2 - "Administration and personnel. " .

The individual chapters of Title 2 deal with internal city governance, predominantly specific boards and commissions. Other more general chapters such as "Conflict of Interest" still have an internal focus. While the current provisions on " local emergency proclamation" and interim succession fall within that scope, the current provision on price controls in an emergency and the proposed BORP ordinance have an external regulatory impact. Creating a separate title for Local Emergencies could also g ive the provisions greater prominence, similar to what was done with the creation of a separate human rights title.

PUBLIC PROCESS: A public hearing is required by Utah Code Section 10-8-2( 1)(a)(v), but the fu ll "Doug Short" process does not apply. See Utah Code Section 10-8-2(2)(a).

ATTACHMENTS: 1. Employee Disaster Leave Authorization ordinance

SALT LAKE CITY ORDINANCE No. of2013

(Enacting new Title 22: Local Emergencies, renumbering existing emergency management provisions in Chapter 2.09, and adopting new Chapter 22.05 on volunteer leave)

An Ordinance creating new Title 22, Local Emergencies; renumbering and amending existing provisions on emergency management in Section 2.08.010, 2.08.020, 2.09.025,2.09.030, 2.09.040,2.09.050,2.09.060,2.09.070,2.09.080, and 2.09.090; and adopting new Chapter 22.05 giving the City discretion to grant leave with pay to employees who are certified disaster service employees to participate in disaster relief services for up to 12 work days in any 12 month period.

WHEREAS, effective emergency preparedness and response are critical to the

safety and health of the Salt Lake City community; and

WHEREAS, volunteer organizations such as the American Red Cross playa

critical role in Salt Lake City'S emergency preparedness and response plans; and

WHEREAS, in the event of a disaster in Salt Lake City, volunteer organizations

such as the American Red Cross would draw from volunteers around the country to

support their response in Salt Lake City; and

WHEREAS, the City Council finds that the availability to these volunteer

organizations such as the American Red Cross of volunteers from other parts of the

country to respond in the event of a disaster in Salt Lake is an important benefit to the

City; and

WHEREAS, the City Council finds that that benefit is equivalent to the benefit

that would be provided to volunteer service organization, such as the American Red

Cross and to City employees by the adoption of the following ordinance; and

WHEREAS, after a public hearing the City Council has detennined that the

following ordinance is in the City's best interests.

NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City,

Utah:

SECTION J. That Chapter 2.09, Salt Lake City Code, pertaining to Emergency

Management, is renumbered, retitled and amended to read as follows:

Subject

Purpose

Definitions

Local Emergencies

TITLE 22

LOCAL EMERGENCIES

Chapter

22.0 1

22.02

22.03

Price Controls During Local Emergency 22.04

Disaster Service Volunteer Leave 22.05

SECTION 2. That Section 2.09.0 I 0, Salt Lake City Code, pertaining to the

purpose of the Emergency Management provisions is renumbered and amended to read as

follows:

22.01.010 PURPOSE

Chapter 22.01

PURPOSE

The purpose of this title is to enable the city to prepare for and respond quickly

and effectively to emergencies threatening lives, property, public health, welfare and/or

safety within the city's jurisdiction. This title is to be liberally construed to achieve that

purpose to the full extent of statutory and constitutional authority.

2

SECTION 3. That Section 2.09.020, Salt Lake City Code, pertaining to

definitions is renumbered as Chapter 22.02 and Section 22.02.0 10.


Chapter 22.02

DEFINITIONS

DISASTER: A situation causing, or threatening to cause, widespread damage, social

disruption, or injury or loss of life, or property, resulting from attack, internal

disturbance, natural phenomenon or technological hazard.

EMERGENCY INTERIM SUCCESSOR: A person designated to exercise the emergency

powers and discharge the emergency duties of an office when the person legally

exercising those powers and duties of the office is unavailable.

LOCAL EMERGENCY: A condition which requires that emergency assistance be

provided by the city to save lives and protect property within its jurisdiction in response

to an emergency or disaster, or to avoid or reduce the threat of a disaster.

PLACE OF GOVERNANCE: The physical location where the powers of an office are

being exercised.

TECHNOLOGICAL HAZARD: Any hazardous material accident, mine accident, train

derailment, truck wreck, or crash, radiation incident, pollution, structural fire or

explosion.

UNAVAILABLE: Either: a) not physically present at the place of governance or not able

to be communicated with for two (2) hours or b) mentally or physically impaired, during

a disaster that seriously disrupts normal goverrunent operations, provided that if a

vacancy exists in the office of the mayor pursuant to section 2.04.060 of this title, the

3

provisions of section 2.04.060 of this title shall prevail over the provisions of this chapter.

"Unavailable" does not include a person who is reachable by telephone, radio or any

electronic means.

SECTION 4. That Section 2.09.030, Salt Lake City Code, pertaining to Local

Emergency Proclamation, is renumbered and amended to read as follows:

SECTION

22.03.010

22.03.020

22.03.030

22.03.040

22.03.050

22.03.060

22.03.070

2203.080

22.03.010

Proclamation

CHAPTER 22.03

LOCAL EMERGENCIES

Effectiveness and Continuation as Renewal of Local Emergency

Powers in a Local Emergency

Emergency Interim Succession

Detennination of Unavailability

Effective Date, Filing and Public Notice

Temporary Emergency Location for the Principal Office

Penalty for Violation of Emergency Proclamation, Rule or Order

PROCLAMATION

A. The mayor (or the mayor's emergency interim successor as provided in section

22.03 .040 of this chapter) may declare a local emergency by proclamation. The

proclamation shall state: 1) the nature of the local emergency; 2) the area or areas of

the city that are affected or threatened; and 3) the conditions which caused the local

emergency.

4

B. If the mayor is not personally present to sign the proclamation of local emergency and

the mayor orally or by electronic message directs another person to sign the

proclamation on his or her behalf, such person shall sign the proclamation with the

mayor's name followed with the notation "By Direction of the Mayor" and the other

person's signature and printed name.


Effectiveness and Continuation or Renewal of Local Emergency is renumbered as

Section 22.03.020.

SECTION 6. That Section 2.09.050, Salt Lake City Code, pertaining to Powers

in a Local Emergency is renumbered as Section 22.03.030.

SECTION 7. That Section 2.09.060, Salt lake City Code, pertaining to

Emergency Interim Succession, is renumbered as Section 22.03.040.


Determination of Unavai labi li ty is renumbered as Section 22.030.050.

SECTION 9. That Section 2.09.070, Salt Lake City Code, pertaining to Effective

Date, Fi ling and Public Notice is renumbered and amended to read as follows:

22.03.060 EFFECTIVE DATE, FILING AND PUBLIC NOTICE:

All orders, rules and regulations promulgated pursuant to section 22.03.030 of this

chapter shall become effective immediately upon fili ng with the city recorder. Public

notice shall be given by the best practicable means available under the circumstances.


Temporary Emergency Location for the Principal Office is renumbered as Section

22.03.070.

5

SECTION 11. That Section 2.09.090, Salt Lake City Code, pertaining to Penalty

for Violation of Emergency Proclamation, Rule or Order is renumbered and amended to

read as follows:

22.03.080 PENALTY FOR VIOLATION OF EMERGENCY PROCLAMATION,

RULE OR ORDER:

Except as provided with respect to violations of Chapter 22.04 of this title, the

violation of a proclamation declaring a local emergency, a subsequent proclamation

exercising emergency powers, or any order or rule issued pursuant to this chapter, or an

order or directive given by police, fire or other emergency services personnel pursuant to

authority resulting from this chapter is a class 8 misdemeanor and punishable as provided

by section 1.12.050 of this code or any successor provision.

SECTION 12. That Section 2.09.055, Salt Lake City Code, pertaining to Price

Controls During Local Emergency is renumbered and amended to read as fo llows:

Section

22.04.010

22.04.020

22.04.030

22.04.040

CHAPTER 22.04

PRICE CONTROLS DURING LOCAL EM ERGENCY:

Definitions

Excessive Price Prohibited

Enforcement; Penalty

Non-applicability

22.04 PRlCE CONTROLS DURING LOCAL EMERGENCY

6

22.04.010 DEFINITIONS:

The following definitions apply fo r purposes of this chapter:

CONSUMER: A person who acquires a good or service for consumption.

EMERGENCY TERRITORY: The geographical area:

1. For which there has been a state of local emergency declared; and

2. That is directly affected by the events giving rise to the state aflocal emergency.

"Emergency territory" does not include a geograph ical area that is affected by the

events giving rise to a state of local emergency only by economic market forces.

EXCESSIVE PRICE: A price for a good or service that exceeds by morc than ten

percent (10%) the average price charged by that person for that good or service in the

thirty (30) day period immediately preceding the day on which the state of emergency

is declared.

GOOD: Any personal property displayed, held, or offered for sale by a merchant that

is necessary for consumption or use as a direct result of events giving rise to a state of

emergency.

RETAIL: The level of distribution where a good or service is typically sold directly,

or otherwise provided, to a member of the public who is an end user and does not

resell the good or service.

SERVICE: Any activity that is perfonned in whole or in part for the purpose of

financial gain including, but not limited to, personal service, professional service,

rental, leasing, or licensing for use that is necessary for consumption or use as a direct

result of events giving rise to a state of emergency, provided that "service" shall not

include the rental of private residential property.

7

22.04.020 EXCESSIVE PRICE PROmBITED:

Excessive prices are prohibited as fo llows:

1. Except as provided in subsection 2 of this section, if a state of local emergency

ex ists, a person may not charge a consumer an excessive price for goods or

se~vices sold or provided at retail during the time period for which a state of local

emergency declared by the city exists within the emergency territory.

2. A person may cbarge an excessive price if:

a. That person's cost of obtaining the good or providing the service exceeds

the average cost to the person obtaining the good or providing the service

in the thirty (30) day period immediately preceding the day on which the

state of local emergency is declared; and

b. The price charged for the good or service does not exceed the sum of:

1. Ten percent (10%) above the total cost to that person of obtaining

the good or providing the service; and

11. The person ' s customary markup.

3. Upon request of the business licensing division or the city attorney's office, a

person allegedly charging an excessive price under this section shall provide

documentation to the city attorney's office that the person is in compliance with

this section.

4. If a good or service has not been sold by a person during the thirty (30) day period

immediately preceding the day on which the state of local emergency is declared,

a price is not excessive ifit does not exceed thirty percent (30%) above the

person ' s total cost of obtaining the good or providing the service.

8

22.04.030 ENFORCEMENT; PENALTY:

Enforcement shall be as follows:

1. To enforce this chapter, business licensing may commence a proceeding

following the procedures set forth in section 5.02.260 of this code.

2. In determining whether to issue a cease and desist order; suspend or revoke a

business license; or impose civil penalties against a person who violates this

section, the hearing examiner shall consider:

a. The person's cost of doing business not accounted for in the cost to the

person of the good or service, including costs associated with a decrease

in the supply available to a person who relies on a high vo lume of sales;

b. The person's efforts to comply with this chapter;

c. Whether the average price charged by the person during the thirty (30) day

period immediately preceding the day on which the date of local

emergency is declared is artificially deflated because the good or service

was on sale for lower price than the person customarily charges for the

good or service; and

d. Any other factor that the hearing examiner considers appropriate; and

e. In the case of a suspension or revocation of a business license, whether

such suspension or rejection shall begin after the state of local emergency

has ended.

3. a. If the hearing examiner finds that a person has violated, or is violating,

subsection B of this section the hearing examiner may:

i. Issue a cease and desist order; and/or

9

11. Subject to subsection C3b of this section, either impose an

administrative fine of up to one thousand dollars ($1,000.00) for

each violation of subsection B of this section or revoke or suspend

the person's business license.

b. Each instance of charging an excessive price under subsection B of this section

constitutes a separate violation, but in no case shall any administrative fine

imposed under subsection C3a of this section exceed ten thousand dollars

($10,000.00) per day.

4. The city may sue in a court of competent jurisdiction to enforce an order under

subsection C3 of this section.

5. In a suit brought under subsection C3 of this section, if the city prevails, the court

may award the city:

22.04.040

a. Court costs;

b. Attorney fees; and

c. The city's costs incurred in the investigation of the vio lation of this

section.

NONAPPLICABILITY:

The provisions of this chapter shall not apply to any part of the city encompassed by a

state of emergency declared by the governor of Utah or the president of the United States

of America whi le such state of emergency declared by the governor or the president

remains in effect.

SECTION 13. That Chapter 22.06, Salt Lake City Code, pertaining to Disaster

Service Voluntary Leave is enacted to read as fo llows:

10

SECTIONS

22.05 .010

22.05.020

22.05.010

CHAPTER 22.06

DISASTER SERVICE VOLUNTEER LEAVE

Definitions

Leave of Absence - Request for Leave - Approval by City.

Definitions

As used in this Chapter.

I. "Volunteer Organization" means a member of the National Volunteer

Organizations Active in Disasters.

2. "Certified disaster service volunteer" means any person who has completed the

necessary training for and has been certified as a disaster service specialist by the

American Red Cross.

3. "Disaster" means any disaster designated at Level III or higher in the American

National Red Cross Regulations and Procedures.

4. "City" means any City office, officer, official, department, board, commission,

institution, bureau, agency, division, or unit of the City, including those within the

legislative branch of the City government.

22.05.020. Leave of Absence - Request for leave - Approval by City.

t . A City employee who is a certified disaster service volunteer may be granted

leave from work with pay for an aggregate of up to 12 work days, consecutively

or nonconsecutively, in any 12-month period to participate in disaster relief

11

services for a volunteer organization in connection with any disaster, upon the

request of the volunteer organization for such employee's services.

2. A City employee requesting leave under this chapter shall file a written request

with the employee's supervisor, which includes:

a. the anticipated duration of the leave of absence;

b. the type of service the employee is to provide on behalf of the volunteer

organization;

c. the nature and location of the disaster where the employee 's services will

be provided; and

d. a copy of the written request for the employee's services from an official

of the volunteer organization.

3. Nothing contained in this chapter shall be construed to require the City to grant a

City employee 's request for voluntary disaster service leave if the City

detennines, in its sole discretion, that the grant of leave would pose a hardship on

the City.

SECTION 14. Effective Date. This ordinance shall be effective on the date of

its first publication.

Passed by the City Council of Salt Lake City, Utah this ___ day of

_____ ,2013.

CHAIRPERSON

12

ATTEST:

CITY RECORDER

Transmitted to Mayor on __________ _

Mayor's Action: __ ~Approved, _ _ _ Vetoed,

MAYOR

CITY RECORDER

(SEAL)

Bill No,-;-__ of20 l 3, Published: _____ _

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SALT LAKE CITY ORDINANCE 2 No. 0[2013 3 4 (Enacting new Title 22: Local Emergencies, renumbering existing emergency management 5 provisions in Chapter 2.09, and adopting new Chapter 22.05 on volunteer leave) 6 7 An Ordinance creating new Title 22, Local Emergencies; renumbering and g amending existing provisions on emergency management in Section 2.08.010, 2.08.020, 9 2.09.025,2.09.030, 2.09.040,2.09.050,2.09.060,2.09.070,2.09.080, and 2.09.090; and

10 adopting new Chapter 22.05 giving the City discretion to grant leave with pay to II employees who are certified disaster service employees to participate in disaster relief 12 services for up to 12 work days in any 12 month period. 13

14 WHEREAS, effective emergency preparedness and response are critical to the

15 safety and health of the Salt Lake City community; and

16 WHEREAS, volunteer organizations such as the American Red Cross playa

17 critical role in Salt Lake City's emergency preparedness and response plans; and

18 WHEREAS, in the event ofa disaster in Salt Lake City, volunteer organizations

J 9 such as the American Red Cross would draw from vo lunteers around the country to

20 support their response in Salt Lake City; and

21 WHEREAS, the City Council finds that the availability to these volunteer

22 organizations such as the American Red Cross of volunteers from other parts ofthe

23 country to respond in the event of a disaster in Salt Lake is an important benefit to the

24 City; and

25 WHEREAS, the City Council finds that that benefit is equivalent to the benefit

26 that would be provided to volunteer service organization, such as the American Red

27 Cross and to City employees by the adoption of the following ordinance; and

28 WHEREAS, after a public hearing the City Council has determined that the

29 fo llowing ordinance is in the City'S best interests.

30 NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City,

31 Utah:

32 SECTION 1. That Chapter 2.09, Salt Lake City Code, pertaining to Emergency

33 Management, is renumbered, retitled and amended to read as follows:

34 TITLE 22

35 LOCAL EMERGENCIES

36 Subject

37 Purpose

38 DetinitiollS

39 Local Emergencies

40 Price Controls During Local Emergency

41 Disaster Service Volunteer Leave

Chapter

22.0 1

22.02

22.03

22.Q4

22.05

42 SECTION 2. That Section 2.09.010, Salt Lake City Code, pertaining to the

43 purpose of the Emergency Management provisions is renumbered and amended to read as

44 follows:

45 Chapter 22.01

46 PURPOSE

47 2.09.01022.0 1.010 PURPOSE

48 The purpose of this eha(3ter title is to enable the city to prepare for and respond

49 quickly and effectively to emergencies threatening lives, property, public health, welfare

50 and/or safety within the city's jurisdiction. This elolapter title is to be liberally construed to

51 achieve that purpose to the full extent of statutory and constitutional authority.

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53 SECTION 3. That Section 2.09.020, Salt Lake City Code, pertaining to

54 definitions is renumbered as Chapter 22.02 and Section 22.02.0 10.

55 Chapter 22.02

56 DEFINITIONS

57 2.09.02022.02.010 DEFINITIONS

58 DISASTER: A situation causing, or threatening to cause, widespread damage, social

59 disruption, or injury or loss of life, or property, resulting from attack, internal

60 disturbance, natural phenomenon or technological hazard.

61 EMERGENCY INTERIM SUCCESSOR: A person designated to exercise the emergency

62 powers and discharge the emergency duties of an office when the person legally

63 exercising those powers and duties of the office is unavai lable.

64 LOCAL EMERGENCY: A condition which requires that emergency assistance be

65 provided by the city to save lives and protect property within its jurisdiction in response

66 to an emergency or disaster, or to avoid or reduce the threat of a disaster.

67 PLACE OF GOVERNANCE: The physical location where the powers of an office are

68 being exercised.

69 TECHNOLOGICAL HAZARD: Any hazardous material accident, mine accident, train

70 derailment, truck wreck, or crash, radiation incident, pollution, structural fire or

71 explosion.

72 UNA V AILABLE: Either: a) not physically present at the place of governance or not able

73 to be communicated with for two (2) hours or b) mentally or physically impaired, during

74 a disaster that seriously disrupts nonnal government operations, provided that if a

75 vacancy exists in the office of the mayor pursuant to section 2.04.060 of this title, the

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76 provisions of section 2.04.060 of this title shall prevail over the provisions of this chapter.

77 "Unavailable" does not include a person who is reachable by telephone, radio or any

78 electronic means.

79 SECTION 4. That Section 2.09.030, Salt Lake City Code, pertaining to Local

80 Emergency Proclamation, is renumbered and amended to read as follows:

81 CHAPTER 22.03

82 LOCAL EMERGENCIES

83 SECTION

84 22.03.010 Proclamation

85 22.03.020 Effectiveness and Cont inuation as Renewal of Local Emergency

86 22.03.030 Powers in a Local Emergencv

87 22.03.040 Emergency Interim Succession

88 22.03.050 Determination of Unavailability

89 22.03.060 Effective Date. Filing and Public Notice

90 22.03.070 Temporary Emergency Location for the Principal Office

91 20 .03 .080 Penalty for Violation of Emergency Proclamation, Rule or Order

92 2.09.03022.03.010 PROCLAMATION

93 A. The mayor (or the mayor's emergency interim successor as provided in section

94 2.09.06022.03.040 of this chapter) may declare a local emergency by proclamation.

95 The proclamation shall state: 1) the nature of the local emergency; 2) the area or areas

96 of the city that are affected or threatened; and 3) the conditions which caused the

97 local emergency.

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98 B. If the mayor is not personally present to sign the proclamation of local emergency and

99 the mayor orally or by electronic message directs another person to sign the

100 proclamation on his or her behalf, such person shall sign the proclamation with the

101 mayor's name followed with the notation "By Direction of the Mayor" and the other

102 person's signature and printed narne.


104 Effectiveness and Continuation or Renewal of Loca! Emergency is renumbered as

105 Section 22.03.020.

106 2.09.04022.03.020 EFFECTIVENESS AND CONTINUATION OR RENEWAL OF

107 LOCAL EMERGENCY:

108 SECTION 6. That Section 2.09.050, Salt Lake City Code, pertaining to Powers

109 in a Local Emergency is renumbered as Section 22.03.030.

110 2.09.05022.03.030 POWERS IN A LOCAL EMERGENCY:

III SECTION 7. That Section 2.09.060, Salt lake City Code, pertaining to

112 Emergency Interim Succession, is renumbered as Section 22.03.040.

113 2.09.06022.03.040 EMERGENCY INTERIM SUCCESSION:


115 Determination of Unavailability is renumbered as Section 22.030.050.

116 2.09.02522.03.050 DETERMINATION OF UNAVAILABILITY:

117 SECTION 9. That Section 2.09.070, Salt Lake City Code, pertaining to Effective

118 Date, Filing and Public Notice is renumbered and amended to read as follows:

119 2.09.07022.03.060 EFFECTIVE DATE, FILING AND PUBLIC NOTICE:

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120 All orders, rules and regulations promulgated pursuant to section 2.09.050

121 22.03.030 of this chapter shall become effective immediately upon filing with the city

122 recorder. Public notice shall be given by the best practicable means available under the

123 circumstances.

124 SECTION 10. That Section 2.09.080. Salt Lake City Code, pertaining to

125 Temporary Emergency Location for the Principal Office is renumbered as Section

126 22.03.070.

127 2.99.98922.03 .070 TEMPORARY EMERGENCY LOCATION FOR THE

PRINCIPAL OFFICE: 128


130 Penalty for Violation of Emergency Proclamation, Rule or Order is renumbered and

131 amended to read as follows:

132 2.99.99922.03.080 PENALTY FOR VIOLATION OF EMERGENCY

133 PROCLAMATION, RULE OR ORDER:

134 Except as provided with respect to violations of Section Chapter 22.04 2.09.055 of

\35 this titlecHaptcr, the violation of a proclamation declaring a local emergency, a subsequent

\36 proclamation exercising emergency powers, or any order or rule issued pursuant to this

137 chapter, or an order or directive given by police, fire or other emergency services personnel

138 pursuant to authority resulting from this chapter is a class B misdemeanor and punishable

139 as provided by section 1.12.050 of this code or any successor provision.

140 SECTION 12. That Section 2.09.055, Salt Lake City Code, pertaining to Price

\41 Controls During Local Emergency is renumbered and amended to read as follows:

142 CHAPTER 22.04

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143 PRICE CONTROLS DURING LOCAL EMERGENCY:

144 Section

145 22.04.010

146 22.04.020

\47 22.04.030

148 22.04.040

DetinitiollS

Excess ive Price Prohibited

Enforcement: Penalty

Non-applicabi I ity

149 2.09.05522.04 PRICE CONTROLS DURING LOCAL EMERGENCY

150 flr.22.04.- 010 DEFINITIONS: "'* 151 The following definitions apply for purposes of this seetioAchapter:

152 CONSUMER: A person who acquires a good or service for consumption.

153 EMERGENCY TERRITORY: The geographical area:

J 54 1. For which there has been a state of local emergency declared; and

155 2. That is directly affected by the events giving ri se to the state af loeal emergency.

156 "Emergency territory" does not include a geographical area that is affected by the

157 events giving ri se to a state ofloea1 emergency only by economic market forces.

158 EXCESSIVE PRICE: A price for a good or service that exceeds by more than ten

159 percent (10%) the average price charged by that person for that good or service in the

160 thirty (30) day period immediately preceding the day on which the state of emergency

16[ is declared.

[62 GOOD: Any personal property displayed, held, or offered for sale by a merchant that

[63 is necessary for consumption or use as a direct result of events giving rise to a state of

[64 emergency.

[65 RETAIL: The level of distribution where a good or service is typically sold directly,

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166 or otherwise provided, to a member of the public who is an end user and does not

167 resell the good or service.

168 SERVICE: Any activity that is perfonned in whole or in part for the purpose of

169 financial gain including, but not limited to, personal service, professional service,

170 rental, leasing, or licensing for use that is necessary for consumption or use as a direct

171 result of events giving rise to a state of emergency, provided that "service" shall not

172 include the rental of private residential property.

173 B22.04.020,_ EXCESSIVE PRICE PROHIBITED:

174 Excessive prices are prohibited as fo llows:

175 1. Except as provided in subsection ~2..of this section, if a state of local emergency

176 exists, a person may not charge a consumer an excessive price for goods or

177 services sold or provided at retail during the time period for which a state of local

178 emergency declared by the city exists within the emergency territory.

179 2. A person may charge an excessive price if:

180 a. That person's cost of obtaining the good or providing the service exceeds

181 the average cost to the person obtaining the good or providing the service

182 in the thirty (30) day period immediately preceding the day on which the

183 state of local emergency is declared; and

184 b. The price charged for the good or service does not exceed the sum of:

185 l. Ten percent (10%) above the total cost to that person of obtaining

186 the good or providing the service; and

187 II. The person's customary markup.

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188 3. Upon request of the business licensing division or the city attorney's office, a

189 person allegedly charging an excessive price under this subseetion Bsection shall

190 provide documentation to the city attorney's office that the person is in

191 compliance with this section.

192 4. If a good or service has not been sold by a person during the thirty (30) day period

193 immediately preceding the day on which the state of local emergency is declared,

194 a price is not excessive ifit does not exceed thirty percent (30%) above the

195 person's total cost of obtaining the good or providing the service.

196 G-,22.04.030 -ENFORCEMENT; PENALTY:

197 -Enforcement shall be as follows:

198 1. To enforce this seetionchapter, business licensing may commence a proceeding

199 following the procedures set forth in section 5.02.260 of this code.

200 2. In determining whether to issue a cease and desist order; suspend or revoke a

201 business license; or impose civil penalties against a person who violates this

202 section, the hearing examiner shall consider:

203 a. The person's cost of doing business not accounted for in the cost to the

204 person of the good or service, including costs associated with a decrease

205 in the supply available to a person who relies on a high volume of sales;

206 b. The person's efforts to comply with this chapter;

207 c. Whether the average price charged by the person during the thirty (30) day

208 period immediately preceding the day on which the date of local

209 emergency is declared is artificially deflated because the good or service

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210 was on sale for lower price than the person customarily charges for the

211 good or service; and

212 d. Any other factor that the hearing examiner considers appropriate; and

213 e. In the case of a suspension or revocation of a business license, whether

214 such suspension or rejection shall begin after the state of local emergency

215 has ended.

216 3. a. If the hearing examiner finds that a person has violated, or is violating,

217 subsection B of this section the hearing examiner may:

218 1. Issue a cease and desist order; and/or

219 11. Subject to subsection C3b of this section, either impose an

220 administrative fine of up to one thousand dollars ($1,000.00) for

221 each violation of subsection B of this section or revoke or suspend

222 the person's business license.

223 b. Each instance of charging an excessive price under subsection B of this section

224 constitutes a separate violation, but in no case shall any administrative fine

225 imposed under subsection C3a of this section exceed ten thousand dollars

226 ($10,000.00) per day.

227 4. The city may sue in a court of competent jurisdiction to enforce an order under

228 subsection C3 of this section.

229 5. In a suit brought under subsection C3 of this section, if the city prevails, the court

230 may award the city:

231 a. Court costs;

232 b. Attorney fees; and

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233 c. The city's costs incurred in the investigation of the vio lation of this

234 section.

235 1*22.04.040 NONAPPLICABILITY:

236 The provisions of this seetion chapter shall not apply to any part of the city encompassed

237 by a state of emergency declared by the governor of Utah or the president of the United

238 States of Ameri ca while such state of emergency declared by the governor or the

239 president remains in effect.

240 SECTION 13. That Chapter 22.06, Salt Lake City Code, pertaining to Disaster

241 Service Voluntary Leave is enacted to read as follows:

242 CHA PTER 22.06

243 DISASTER SERVICE VOLUNTEER LEA VE

244 SECTIONS

245 22.05.0 I 0 Definitions

246 22.05.020 Leave of Absence - Request for Leave - Approval by City.

247

248 22.05.010 Defi ni tions

249 As used in this Chapter.

250 1. "Volunteer Organization" means a member of the Nationa l Volunteer

251 Or!.!an izat ions Act ive in Disasters.

252 '~_.~ ___ ·~·C~e~r~li~"~ed~d~i s~a~Sl~e~r 2se~~~ic~e~v~o~l~u~nl~e~er~"~I~n~ea~l~lsua~nuy~p~e~r~so~n~w~h~o~h~~~c~o~ln~p~le~l~ed~lh",e

253

254

necessary training for and has been cert itied as a disaster serv ice specialist by the

American Red Cross.

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256

257

3.

4.

"Disaster" means any disaster designated at Level III or higher in the American

National Red Cross Regu lations and Procedures.

"City" means any City office, officer. offic ial. department. board. commission.

258 institution. bureau, agency. division. or unit of the City. including those within the

259 Ie!:!islative branch of the City government.

260 22.05.020. Leave of Absence - Request for leave - Approval by City.

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265

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269

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271

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276

I.

2.

+'3.

A City employee who is a certified disaster service volunteer may be granted

lei.lve from work with Day for an aggregate crup to 12 work days. consecutively

or nonconsecutivelv. in any 12-month period to participate in disaster relief

services lor a volunteer organizat ion in connection with any disaster, upon the

request o f the volu nteer organization for such employee's serv ices,

A City employee requesting leave under this chapter shall tile a written req uest

with the employee's supervisor. which includes:

a. the anticip<1led duration of the leave of absence:

b. the type o f serv ice the employee is to provide on behalf of the volunteer

organization:

c. the nature and location of the disaster where the employee ' s services wi ll

be provided: and

d. a copy orthe written request for the emplovee's services from an official

or the volunteer organization.

Nothing contained in this chapter shall be construed to require the City to

grant a City employee' s request for vol untary disaster service leave if the City

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277 determines. in its sale discretion. that the grant of leave would pose a hardship on

278 the City.

279 SECTION 14. Effective Date. This ordinance shall be effective on the date of

280 its first publication.

281 Passed by the City Council of Salt Lake City, Utah thi s _ _ _ day of

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283 284

285

286 287

288

_____ ,, 2013 .

289 ATIEST: 290 291 292

293 CITY RECORDER 294

CHAIRPERSON

295 Transmitted to Mayor on __________ . 296 297

298 299 300 301 302 303

30'

Mayor's Action:

305 ATIEST: 306 307 308 309 CITY RECORDER 3 10 311 (SEAL) 312

___ .Approved. ___ Vetoed.

MAYOR

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