POLICY EARTHQUAKE PRONE DANGEROUS & INSANITARY BUILDINGS

POLICY EARTHQUAKE PRONE DANGEROUS & INSANITARY BUILDINGS Adopted: Council Meeting 30 June 2011 Review date: before 30 June 2016

Contents 1 Introduction and background... 1 2 Policy approach... 2 2.1 Policy principles... 2 2.2 Overall approach... 2 2.3 Identification Process... 3 2.4 Assessment and strengthening criteria... 3 2.5 Taking action on earthquake-prone, dangerous and insanitary buildings... 4 2.6 Interaction between Earthquake-prone, Dangerous and Insanitary Building Policy and related sections of the Building Act 2004... 5 2.7 Consultation with building owners of identified earthquake-prone, dangerous or insanitary buildings... 6 2.8 Recording a building s earthquake-prone, dangerous or insanitary status... 6 2.9 Economic impact of policy... 7 2.10 Access to information... 7 2.11 Objections... 7 3 Priorities... 8 4 Heritage buildings... 9 Appendix A Defining Priorities... 10 Appendix B Outline Implementation Plan... 11 ii

1 Introduction and background Section 131 of the Building Act 2004 requires territorial authorities (TAs) to adopt a policy on earthquake-prone, dangerous and insanitary buildings policy by 31 May 2006 and review this within five years of adoption. The initial policy was adopted by Council on 18 May 2006 after due consultation with Council ratepayers and stakeholders in accordance with section 83 of the Local Government Act 2002. This document sets out the policy adopted by Hurunui District Council in accordance with the requirements of the Building Act 2004. The policy is required to state: 1. the approach that the Hurunui District Council will take in performing its functions under the Building Act 2004 2. Hurunui District Council s priorities in performing those functions 3. how the policy will apply to heritage buildings. In developing and adopting this policy, Hurunui District Council will follow the consultative procedure set out in section 83 of the Local Government Act 2002. In preparing this policy, Hurunui District Council has made extensive use of the Department of Building and Housing s guidance document and has also consulted draft policies prepared by a number of other TAs. 1

2 Policy approach 2.1 Policy principles Hurunui District Council has noted that provisions of the Building Act in regard to earthquakeprone, dangerous and insanitary buildings reflect the government s broader concern with the health and safety of the public in buildings and, more particularly, the need to address life safety in earthquakes. Hurunui District Council has also noted that the development of these policies is up to each TA and has responded accordingly. This policy will be finalised after due consultation with Hurunui District Council ratepayers and stakeholders in accordance with section 83 of the Local Government Act 2002. 2.2 Overall approach Earthquake-prone buildings Hurunui is the most tectonically active district within the Canterbury region. The district is dissected by many major faults representing part of the tectonic plate boundary system running through North Canterbury and Marlborough. Central Government, through the implementation of New Zealand Standards, has classified the Hurunui District as being a Type A earthquake zone, which represents the highest earthquake probability out of three categories. For this reason, it is important that the Hurunui District Council adopt an active approach to earthquake-prone buildings, in order to minimise and mitigate injury to people and property as a result of an earthquake, and ensure that our community s life and safety is appropriately addressed. The district s buildings comprise a range of types reflecting steady development over more than 100 years and range from wood, unreinforced masonry, and brick buildings, to modern steel and reinforced concrete buildings. Refurbishment and redevelopment for new uses has meant some of the unreinforced masonry and brick buildings have undergone some levels of strengthening. This policy reflects the Council s determination to reduce earthquake risk over time in a way that is acceptable in social and economic terms to its ratepayers. In developing this policy, the Hurunui District Council must balance the need to protect public health and safety against the economic implications of requiring significant remedial building work and the community s desire to protect historic structures and Hurunui s heritage. The Council proposes in this policy to carry out an initial desktop review to ascertain possible earthquake-prone buildings. The Council will then follow an implementation programme for buildings identified as potentially earthquake-prone according to a categorised list. In addition, this draft policy proposes to include a statement and an attached copy of this policy on all Land Information Memorandums (LIMs) and Project Information Memorandums (PIMs) after final adoption, making readers of these documents aware of the Earthquakeprone, Dangerous and Insanitary Building Policy, and how it could affect them. This means that owners and potential buyers of all the district s buildings are equally made aware of the policy s potential implications, in the case where a particular building has not been appropriately assessed yet, and have the opportunity to find out more upon reading this information. Dangerous and insanitary buildings The Hurunui District Council is committed to ensuring that the Hurunui District is a healthy and safe place to live in. The Building Act 2004 provides the means to ensure that buildings which become dangerous or insanitary are improved to meet the Building Code standards, and the Council wishes to administer the Building Act in a fair and reasonable way. 2 Dangerous and insanitary buildings will be dealt with in much the same way as the Council already deals with these buildings by responding to complaints received from the public and advice received from the New Zealand Fire Service.

2.3 Identification Process Earthquake-prone Buildings Step 1: Hurunui District Council will undertake an initial desktop review of Council files to assess which buildings could be earthquake-prone and follow this with a brief inspection of each building, where necessary. A list will be collated of potentially earthquake-prone buildings according to the results of the initial desktop review. This list will categorise the earthquake-prone buildings and prioritise follow-up investigation according to the following: Category A: Buildings with special post-disaster functions as defined in AS/NZS 1170.0: 2002, Importance Level 4. Category B: Buildings that contain people in crowds or contents of high value to the community as defined in AS/NZS 1170.0: 2002, Importance Level 3. Category C: Buildings listed as heritage buildings in Appendix 8 of the Hurunui District Plan. Category D: Buildings with an Importance Level less than 3 as defined in AS/NZS 1170.0:2002. (for definitions and examples of these categories, see Appendix A) Step 2: A programme to carry out initial evaluation of performance in an earthquake by using the New Zealand Society for Earthquake Engineering (NZSEE) Initial Evaluation Procedure (IEP) will be undertaken by a Chartered Professional Engineer from 2014 to 2016, at Council s expense. If the IEP identifies that the building is likely to be earthquake-prone, further assessment is required. Step 3: The Council will write to owners of buildings the IEP has identified as likely to be earthquake-prone, advising that their building could be earthquake-prone and provide an opportunity to discuss options. Step 4: Owners will be required to do a detailed assessment on buildings identified as likely to be earthquake-prone in the IEP, unless otherwise agreed in discussion following the IEP. This detailed assessment must be administered by a suitably qualified person i.e. a Chartered Professional Engineer with expertise in Earthquake Engineering and is at the building owner s expense. In addition to actions outlined above, this policy will include a statement and an attached copy of this policy on all LIMs and PIMs after final adoption, making readers of these documents aware of the Earthquake-prone, Dangerous and Insanitary Building Policy, and how it could affect them. This means that owners and potential buyers of all the district s buildings are equally made aware of the policy s potential implications, in the case where a particular building has not been appropriately assessed yet, and have the opportunity to find out more upon reading this information. Dangerous and insanitary buildings The Council will respond to building complaints received from the public and to advice received from the NZ Fire Service and then investigate and assess the condition of the building. 2.4 Assessment and strengthening criteria Assessment criteria Earthquake-prone buildings For practical purposes, Hurunui District Council will define earthquake-prone buildings as follows. 3 Section 122 of the Building Act 2004 defines an earthquake-prone building as a building that will have its ultimate capacity exceeded in a moderate earthquake. The Building Regulations

2005 identify a moderate earthquake as generating shaking that is one-third as strong as what would be used to design a new building. Therefore, the Act requires a building must have an earthquake strength of 33% not to be classified as earthquake-prone. In relation to the initial desktop review of Council files to assess which buildings could be earthquake-prone, buildings that will NOT require further assessment include those: designed or strengthened to the 1976 NZS 4203 and subsequent codes, unless they have a critical structural weakness isolated structures unlikely to collapse causing injury, death or damage to other property (refer Section 122(1)(b) of the Building Act 2004) used wholly or mainly for residential purposes, unless the building comprises 2 or more storeys and contains 3 or more household units (refer Section 122(2) of the Building Act 2004) Therefore this policy will mainly apply to shops, halls, churches etc, but not most residential properties. Dangerous and Insanitary buildings The Council will assess dangerous buildings in accordance with Section 121(1) of the Building Act 2004. The Council will assess insanitary buildings in accordance with Section 123 of the Building Act. Strengthening requirements for earthquake-prone buildings The Hurunui District Council will require the use the NZSEE Recommendations 1 as its preferred basis for defining technical requirements and criteria. These Recommendations are designed to be used in conjunction with: AS/NZS 1170 Loadings Standard; NZS 3101 Concrete Structures Standard; NZS 3404 Steel Structures Standard; and other materials Standards. The Hurunui District Council will consider each building on its merits to determine the required level of upgrade that can be reasonably achieved with a target of at least 67% of the current building code where practicable. Partial strengthening of earthquake-prone buildings On occasion, the IEP or detailed assessment may find that only part of a building is earthquake-prone and requires strengthening e.g. an addition or façade. In these situations, Council will decide on the level of strengthening and the timetable for remedial action on a case-by-case basis. 2.5 Taking action on earthquake-prone, dangerous and insanitary buildings Earthquake-prone buildings Hurunui District Council, on being satisfied that a building is earthquake-prone, will: Provide owners of buildings identified as earthquake-prone with the opportunity to carry out an independent assessment of the structural performance of those buildings. The Council will encourage that this task be carried out by a suitably qualified person i.e. a Chartered Professional Engineer with expertise in Earthquake Engineering, or follow this assessment with a peer review to ensure a fair and accurate assessment. This will ensure Council s ability to approve the detailed assessment report upon receipt. Use the powers given in section 124 of the Building Act 2004 to serve formal 4 1 June 2006 (including Corregendum No1)

notice requiring work to be carried out on the building, within a time stated in the notice (which must not be less than 10 days after the notice is given under section 125), to remove or reduce the danger accordingly. Section 124 also enables Council to erect a hoarding, fence or warning sign. This will be decided on a case-by-case basis; however, this will only occur in a worst case scenario. Take into account the timeframes in the outline implementation programme, when setting a timeframe for action (see Appendix B). Use its powers given in section 129 of the Building Act 2004, where it is considered measures are necessary to avoid immediate danger. Council will undertake action at owners expense. Use its powers given in section 126 of the Building Act 2004 to apply to a District Court for an order authorising it to carry out building work if any work under the notice given is not complete, or not proceeding with reasonable speed within the time stated in the notice. The owner of the building is liable for the costs of the work. Dangerous and insanitary buildings Hurunui District Council, on being satisfied that a building is dangerous or insanitary, will: Liaise with the Fire Service to discuss the proposed action when notification has been received from the Fire Service of a dangerous building Use the powers given in section 124 of the Building Act 2004 to serve formal notice requiring work to be carried out on the building, within a time stated in the notice (which must not be less than 10 days after the notice is given under section 125), to remove or reduce the danger accordingly. Section 124 also enables Council to erect a hoarding, fence or warning sign. This will be decided on a case-by-case basis; however, this will only occur in a worst case scenario. Use its powers given in section 129 of the Building Act 2004, where it is considered measures are necessary to avoid immediate danger or to fix insanitary conditions, at owners expense. On being advised of conditions that are alleged to be insanitary within the provisions of section 123 of the Building Act 2004, inspect the buildings and make a determination as to whether action is required under sections 124 or 129 of the Act. [Note: Provisions exist in the Health Act 1956 to deal with nuisance conditions related to certain matters associated with housing under section 29(f) overcrowding likely to be injurious to health or section 42 because of insanitary conditions likely to cause injury to the health of persons or are dwellings unfit for human habitation] Use its powers given in section 126 of the Building Act 2004 to apply to a District Court for an order authorising it to carry out building work if any work under the notice given is not complete, or not proceeding with reasonable speed within the time stated in the notice. The owner of the building is liable for the costs of the work. 2.6 Interaction between Earthquake-prone, Dangerous and Insanitary Building Policy and related sections of the Building Act 2004 Earthquake-prone buildings Section 112: Alterations to existing building When an application for a consent for an alteration that affects the structure of the building identified as potentially earthquake-prone is received, a suitably qualified person i.e. a Chartered Professional Engineer with expertise in Earthquake Engineering has assessed the building, and the building has an earthquake-prone strength of less than 33% of the Code, the building will be required to be strengthened to at least 67% of the Code where practicable as part of the consent. If any new work is proposed, this will have to comply with the Code to the same standard as a new building, as per BL112.02, subsection 1 of the Building Act 2004. 5 Section 115: Change of use When an application for a consent involving a change of use is received, the requirements of the Building Act, section 115, for the building to be strengthened to as near as is reasonably practicable to the strength of a new building would be followed.

Dangerous and insanitary buildings Upon receipt of a consent for any building work to be undertaken on a building, the Council will inspect the building file to determine whether or not the building in its current state has been classified as dangerous or insanitary. When the owner of a dangerous or insanitary building on whom notice has been served, but who has not yet undertaken the required remedial work, applies for a consent for action covered by sections 112 to 116A of the Building Act 2004 (alterations to existing buildings, change of use, extension of life, and subdivision of buildings), they are required to reduce or remove the danger at the same time as (or before, if appropriate) the building work set out in the consent application. 2.7 Consultation with building owners of identified earthquake-prone, dangerous or insanitary buildings The steps in the process are outlined in 2.5 above. 1. Before exercising its powers under section 124, Hurunui District Council will seek, within a defined time-frame, to discuss options for action with owners with a view to obtaining from the owner a mutually acceptable approach for dealing with the danger, leading to receipt of a formal proposal from owners for strengthening or removal of earthquake-prone buildings, or otherwise dealing with the dangerous or insanitary situation by alterations to the building, removal, or action being taken under the Health Act 1956. 2. In the event that discussions do not yield a mutually acceptable approach and proposal, Hurunui District Council will serve a formal notice on the owner in accordance with section 124 of the Building Act 2004. 2.8 Recording a building s earthquake-prone, dangerous or insanitary status Earthquake-prone buildings Hurunui District Council will keep a register of all buildings found to be earthquake-prone through the detailed assessment carried out by a Chartered Professional Engineer (Step 4 of Policy 2.3) noting the status of requirements for improvement or the results of improvement as applicable. In addition, the following information will be placed on the Land Information Memorandum (LIM) and Project Information Memorandum (PIM) for each earthquake-prone building: address and legal description of land and building statement that the building is on the Council s register of earthquake-prone buildings date by which strengthening or demolition is required (if known) statement that further details are available from the Council to those who can demonstrate a genuine interest in the property Dangerous or insanitary buildings Any buildings identified as being dangerous or insanitary will have a requisition placed on the Council s records for the property on which the building is situated until the danger or insanitary condition is remedied. In addition, the following information will be placed on any LIM: Copies of any notices issued where a building is dangerous or insanitary and requires evacuation of the building Copies of any letters sent to the owner, occupier and any other person where a building is dangerous or insanitary Copies of any notices given under section 124(1) which identifies the work to be carried out on a building and the timeframe given to reduce or remove the danger or insanitary condition 6

2.9 Economic impact of policy Earthquake-prone buildings The possible costs to the Hurunui District Council are currently not quantified. It has been indicated that perhaps 150 to 200 buildings in the Hurunui District could be in the earthquakeprone building category. In addition, there will be costs associated to individual building owners. It is difficult to estimate the economic cost of the policy before the database of possible earthquake-prone buildings is confirmed. In 2002, the Department of Internal Affairs commissioned a Report on Cost Benefit of Improving the Performance of Buildings in Earthquakes by David C Hopkins and George Stuart. For Christchurch, this report estimated the Net Present Value (NPV) of the cost of strengthening to 33% of current code to be $97.2 million. There was no separate analysis in this report for the Hurunui District. The economic impact will be able to be assessed in more detail when the next five yearly review is undertaken. At that stage, a database of buildings will be available. Dangerous and insanitary buildings Council will simply continue current practices in relation to dangerous and insanitary buildings, which incurs no additional costs. 2.10 Access to information Information concerning the earthquake-prone status of a building and any notice that has been served under section 124 in respect of any earthquake-prone, dangerous or insanitary building, will be available on the relevant property file and be included in the relevant LIM and PIM. In granting access to information concerning earthquake-prone buildings, the Council will conform to the requirements of the relevant legislation. 2.11 Objections In the first instance, building owners or other directly affected parties who wish to object to a building being declared earthquake-prone, dangerous or insanitary should record their objections in writing to the Council. A formal hearing can subsequently be arranged, upon which the owner will be given the opportunity to make a submission to Council. Priority will be given to objections where the building has been declared to be of such as risk as to require immediate remedial action so that no undue delays are caused. Determinations Building owners and a variety of other interested parties can formally object to the Council s decision through the right to apply to the Chief Executive of the Department of Building and Housing for a determination. Determinations can be applied for concerning the Council s decisions to issue or not issue a consent or code of compliance certificate, or to exercise its powers concerning dangerous, earthquake-prone or insanitary buildings. Sections 176-190 of the Act lay out the requirement for determination. 7

3 Priorities Earthquake-prone Buildings Hurunui District Council has prioritised both the identification and the requirement to strengthen or demolish buildings as follows. Figures in brackets indicate the latest date for identification and notification and the maximum time for strengthening or demolition respectively. Times required for strengthening or demolition commence on the date of issue of formal notice. Specific times will be assigned for action according to the assessment of structural performance and the nature of the concerns. The order will be as indicated below. Category A: Category B: Category C: Category D: Buildings with special post-disaster functions as defined in AS/NZS 1170.0: 2002, Importance Level 4 (December 2014, 15 years). Buildings that contain people in crowds or contents of high value to the community as defined in AS/NZS 1170.0: 2002, Importance Level 3 (December 2015, 20 years). Buildings listed as heritage buildings in Appendix 8 of the Hurunui District Plan (December 2016, 25 years). Buildings with an Importance Level of less than 3 as defined in AS/NZS 1170.0: 2002 (December 2017, 30 years). Once each category has been reviewed and the earthquake-prone buildings within it identified, the process of liaising with owners and serving notice on them will commence. Identification of buildings in each category will proceed according to the priorities identified above. The overall approach and timetable is summarised in the accompanying Outline Implementation Programme (see Appendix B). Dangerous and Insanitary Buildings Hazards posed by dangerous and insanitary buildings must be mitigated before they impact on building owners, those who use the buildings and those who live close by. Council will respond promptly to complaints and will inspect to assess the dangerous or insanitary status of a building. The assessment will determine if immediate or urgent action is necessary, if the building is confirmed as being dangerous or insanitary. If an immediate response is required, section 129 of the Building Act 2004 gives Council options to take action. In general, 10 days is considered a minimum notice period for the danger to be removed or the insanitary conditions to be fixed, unless the situation requires immediate rectification. 8

4 Heritage buildings Hurunui District Council believes it is important that its heritage buildings have a good chance of surviving a major earthquake in order to retain these important connections to the district s history and unique character. However, Hurunui District Council does not wish to see the intrinsic heritage values of these buildings adversely affected by structural improvement measures. Hurunui District Council will assess heritage buildings in the same way as other potentially earthquake-prone, dangerous and insanitary buildings and as per sections 121-123 of the Act and discussions will be entered into with the owner and the New Zealand Historic Places Trust (pursuant to section 125(2)(f) where the building is contained in their Register) to identify a mutually acceptable way forward which meets heritage objectives and Building Act requirements as near as is reasonably practicable in the circumstances. Any work carried out on such buildings must comply with the rules, standards, conditions and terms of the Hurunui District Plan and resource consent provision for protecting buildings of heritage importance. If a building consent to upgrade or strengthen an earthquake-prone, dangerous or insanitary heritage building is sought, the Council will, under section 39 of the Building Act 2004, provide a copy to New Zealand Historic Places Trust for comment, whom can recommend, under the Historic Places Act 1993, actions to be taken. Any upgrading work should be designed to involve minimal loss to heritage. Following this consultation period, notices will be served requiring improvement within a stated (and preferably agreed) time-frame. 9

Appendix A Defining Priorities Source: Australian/New Zealand Standard, Structural design actions, Part 0: General principles (AS/NZS 1170.0:2002) Category Comment Examples A Structures with special post-disaster functions Buildings and facilities designated as essential facilities Buildings and facilities with special post-disaster function Medical emergency or surgical facilities Emergency service facilities such as fire, police stations and emergency vehicle garages Utilities or emergency supplies or installations required as backup for buildings and facilities of Importance Category Level A Designated emergency shelters, designated emergency centres and ancillary facilities Buildings and facilities containing hazardous materials capable of causing hazardous conditions that extend beyond the property boundaries B Structures that as a whole may contain people in crowds or contents of high value to the community or pose risks to people in crowds Buildings and facilities as follows: (a) Where more than 300 people can congregate in one area (b) Day care facilities with a capacity greater than 150 (c) Primary school or secondary school facilities with a capacity greater than 250 (d) Colleges or adult facilities with a capacity greater than 500 (e) Health care facilities with a capacity of 50 or more resident patients but not having surgery or emergency treatment facilities (f) Airport terminals, principal railway stations with a capacity greater than 250 (g) Correctional institutions (h) Multi-occupancy residential, commercial (incl. shops), industrial, office and retailing buildings designed to accommodate more than 5000 people and with a gross area greater than 10,000m2 Emergency medical and other emergency facilities not designated as post-disaster Power-generating facilities, water treatment and waste water treatment facilities and other public utilities not designated as postdisaster Buildings and facilities not designated as post-disaster containing hazardous materials capable of causing hazardous conditions that do not extend beyond the property boundaries C Heritage Buildings Buildings listed as heritage buildings in Appendix 8 of the Hurunui District Plan, or Category I and Category II buildings on the New Zealand Historic Places Trust register. (category not referenced from AS/NZS 1170.0:2002) D Normal structures and structures not in other importance category levels and structures presenting a low degree of hazard to life and other property Buildings not included in Importance Category Levels A,B or C Single family dwellings Car parking buildings Structures with a total floor area of <30m 2 Farm buildings, isolated structures, towers in rural situations Fences, masts, walls, in-ground swimming pools 10

Appendix B - Outline Implementation Programme YEAR Activity 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 Category A Buildings Desktop Review Initial Evaluation Procedure (IEP) Discuss Serve Notice Action to Improve/Demolish Category B Buildings Desktop Review Initial Evaluation Procedure (IEP) Discuss Serve Notice Action to Improve/Demolish Category C Buildings Desktop Review Initial Evaluation Procedure (IEP) Discuss Serve Notice Action to Improve/Demolish Category D Buildings Desktop Review Initial Evaluation Procedure (IEP) Discuss Serve Notice Action to Improve/Demolish 11