You will see in the Contra Costa Times article below “State panel urges more stringent refinery safety oversight following major blaze at Richmond Chevron,” a discussion of “dangerous buildings” (“At Richmond City Hall on Thursday, the Planning Commission unanimously passed a resolution calling for city inspectors to declare the Chevron refinery a "dangerous building" and to use powers under the city charter to more aggressively regulate and inspect the 2,900-acre facility.”)
I’m not sure what the Planning Commission actually adopted, but the agenda item read: “ADOPT a resolution expressing concerns about hazardous conditions at the Chevron Richmond refinery and calling on the Building Official and Planning staff for a formal determination of whether portions of the Chevron Richmond refinery constitute dangerous building conditions.”
There has been and continues to be confusion over what all this means. The Richmond Municipal Code includes the following with regard to “dangerous buildings:”
Chapter 6.10 - ABATEMENT OF DANGEROUS BUILDINGS CODE
Sections:
6.10.010 - Administration.
6.10.020 - Adoption by reference.
6.10.030 - Copies on file.
6.10.040 - Amendments, additions and deletions.
6.10.010 - Administration.
These regulations shall be known as the "Code for the Abatement of Dangerous Buildings," may be cited as such, and will be referred to herein as "this chapter."
This code is one of the technical codes of Building Regulations and is administered under Chapter 6.02 of the Municipal Code of the City of Richmond as such.
6.10.020 - Adoption by reference.
The most recent edition of the Uniform Code for the Abatement of Dangerous Buildings, published by the International Conference of Building Officials, is adopted by this reference and incorporated herein the same as though fully set forth in this chapter, subject to the amendments, additions and deletions specified in Section 6.10.040 of this chapter. Any new edition of the Uniform Code for the Abatement of Dangerous Buildings shall be adopted and shall become effective 90 days after publication of said code in the State Building Standards Code.
(Amended by Ordinance No. 13-94 N.S.)
6.10.030 - Copies on file.
Three copies of the Uniform Code for the Abatement of Dangerous Buildings as adopted by Section 6.10.020, and all amendments thereto, shall be kept on file in the office of the city clerk for inspection by the public.
6.10.040 - Amendments, additions and deletions.
The following amendments, additions and deletions are made to the Uniform Code for the Abatement of Dangerous Buildings as adopted by Section 6.10.020 of this chapter:
Addition — Chapter 1, Sec. 102 (b) — Revise the Scope to add the following as an additional paragraph to Sec. 102 (b):
"Sec. 102. (b)...The Administrative part of this chapter is in addition to the City of Richmond's Building Regulations Administrative Code Chapter 6.02 of the Municipal Code. Where conflicts occur between this chapter and Chapter 6.02 of the Municipal Code the provisions of Chapter 6.02 of the Municipal Code shall govern."
(B) Amendment — Section 205 — Revise Section 205(a) of the Uniform Code for the Abatement of Dangerous Buildings to read as follows:
"Sec. 205.(a) General. Appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this code shall be heard and decided by the Board of Appeals, the body created by Richmond Municipal Code Section 6.10.130."
(C) Addition — Section 501 — Appeal Hearing — Demolition. A new subsection, subsection (d), is added to Section 501 of the Uniform Code for the Abatement of Dangerous Buildings, to read as follows:
"(d) Automatic Appeal — Demolition by City. Whenever the owner has failed to repair, correct or abate the conditions constituting a dangerous building within the time specified in the notice required by this code and the Building Official recommends that the City abate the dangerous building by demolition by the City, prior to demolition by the City the Building Official shall request and the Board of Appeals shall hold an appeal hearing. The sole issue on appeal shall be whether the conditions and circumstances justify demolition under the requirements of this code and other applicable laws. The appeal shall otherwise be treated like any other appeal with respect to procedure, notice, conduct of the hearing, and decision-making. Notwithstanding this subsection, demolition by the City may be made on a summary basis and no appeal hearing before the Board of Appeals shall be required where the Building Official has determined that, in the absence of demolition, the building or structure is in such condition as to make it immediately and imminently dangerous to the life, limb, safety, health, or property of the public or adjoining properties and/or the occupants thereof. Prior to carrying out such summary demolition, the Building Official shall first confer with the City Attorney."
(Amended by Ordinance No. 13-94 N.S. Source: Ordinance No. 20-86 N.S.)
However, the referenced “Uniform Code for the Abatement of Dangerous Buildings, published by the International Conference of Building Officials” was last published in 1997 and is obsolete. In fact, the International Conference of Building Officials (ICBO) no longer exists and has long since been replaced by the International Code Council (ICC).
The current California Building Code, which was once based on the Uniform Codes is now based on the International Building Code. Chapter 34 of the California Building Code includes only the following with respect to dangerous building conditions:
3401.1.1 existing materials. Materials already in use in a building in compliance with requirements or approvals in effect at the time of their erection or installation shall be permitted to remain in use unless determined by the building code official to be dangerous to life, health or safety. Where such conditions are determined to be dangerous to life, health or safety, they shall be mitigated or made safe.
State panel urges more stringent refinery safety oversight following major blaze at Richmond Chevron
By Robert Rogers Contra Costa Times
Posted:   07/12/2013 07:30:40 PM PDT
Updated:   07/12/2013 07:30:41 PM PDT

http://www.contracostatimes.com/contra-costa-times/ci_23652601/state-panel-urges-more-stringent-refinery-safety-oversight
RICHMOND -- A state panel convened in the wake of last year's Chevron refinery blaze has recommended the creation of a refinery safety task force, with broad powers to impose stiffer penalties and improve air-quality monitoring standards.
A report released Thursday by the Interagency Working Group on Refinery Safety, a panel formed by Gov. Jerry Brown in response to the Aug. 6 fire, recommended that existing regulators work together under a single task force that would be created within Cal EPA by Sept. 1.
Known as the Interagency Refinery Task Force, it would bring together the work of all the state agencies with a role in regulating refinery operations and ensure they all freely share and have access to the same information. The task force would have greater control over penalties related to refinery accidents and develop a real-time air-quality monitoring system.
A statement released Friday by U.S. Chemical Safety Board Chairman Rafael Moure-Eraso hailed the working group's findings. The CSB conducted a lengthy investigation into the fire and released a preliminary report earlier this year blaming the blaze on a badly corroded pipe that should have been replaced and warned of ongoing safety shortcomings at the aging refinery.
"This report represents an important step forward in improving oil refinery safety and environmental performance both in California and nationally," Moure-Eraso said in a prepared statement. "... Not only are more preventive inspections by highly competent inspectors needed, but more rigorous major accident prevention requirements are necessary as well."
Chevron spokeswoman Melissa Ritchie did not reply to emails Friday seeking a response. Chevron has said repeatedly in recent months that it welcomes the scrutiny following the fire and looks forward to working with regulators and government officials to enhance safety and prevent future accidents.
Federal, state and local officials all have weighed in during recent days on the need for stronger refinery regulations and oversight.
At Richmond City Hall on Thursday, the Planning Commission unanimously passed a resolution calling for city inspectors to declare the Chevron refinery a "dangerous building" and to use powers under the city charter to more aggressively regulate and inspect the 2,900-acre facility.
"There is additional corrosion all over the refinery," said Roger Lin, an attorney for Communities for a Better Environment, a local activist group. "We are concerned the refinery could explode any day."
The resolution could come before the council as early as this month.
Councilman Tom Butt welcomed the task force's findings but said he was not sure what more local building and safety officials can do.
"The findings from the CSB report were so egregious that everyone knows more needs to be done, and I welcome the news on that this week," Butt said. "But I don't see any reason to criticize our planning department right now."
Andres Soto of Communities for a Better Environment said it is time for "local bureaucrats to stop dragging their feet" and use their powers to impose greater scrutiny on the refinery.
The report gives a grim view of refinery safety in California that "raises significant issues relevant to the state's other 14 refineries." Refinery workers told the investigators of pervasive equipment corrosion and inadequate maintenance.
Assemblywoman Nancy Skinner (D-Berkeley), who successfully pushed a state budget measure that will require Cal/OSHA to use fees to add 15 chemical and refinery inspectors, noted that the task force concluded that more oversight is needed.
"These recommendations can help the state become a model for refinery safety," Skinner said in a statement.
Contact Robert Rogers at 510-262-2726 or rrogers@bayareanewsgroup.com. Follow him at Twitter.com/roberthrogers.