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046 of 2013 - Enacting Chapter 22.06 creation and administration of SLC Building Occupancy Resumption Program (BOR 0 13-1 0 13-20 SALT LAKE CITY ORDINANCE No. 46 of 2013 (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 ("BORP"). 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 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, of the citizens of Salt Lake City. NOW, 'I'IIERF,FORE, 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 TIIE BUSINESS OCCUPANCY RESUMPTION PROGRAM 22.06.020 DEFINITIONS 22.06.030 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 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 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 TIIE 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 16 day of July , 2013. CHA E S ATTEST: r /(M'4 ) CITY RECORDER Transmitted to the Mayor on July 17, 2013 Mayor's Action: y Approved. Vetoed. $f M•YO'' ATTEST: CITY RECORDER -* • CiCit3• . . ,(,• (SEAL) r- APPROVED AS TO FORM 1 Salt Lake C Aft mey's Office .t o • Date Bill No. 46 of 2013. r s; By Published: 7-29-13 HQ ATTY-#27554-vI-BORP Ordinance.docx 4