Ordinance Number 746U//
ORDINANCE NO. 746
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 8, "BUILDING REGULATIONS," OF THE MUNICIPAL CODE,
RELATING TO THE ADOPTION OF THE 1991 EDITIONS OF THE UNIFORM
ADMINISTRATIVE CODE, UNIFORM BUILDING CODE, UNIFORM PLUMBING
CODE, UNIFORM MECHANICAL CODE, AND THE NATIONAL ELECTRICAL CODE
WHEREAS, there are a number of services provided by the City in processing applications for
Building and Safety Division permits that benefit the public health and safety; and,
WHEREAS, the adoption of the latest Edition of the Model Codes is necessary to insure compliance
with the standards for preserving the fire and life safety of buildings and structures; and,
WHEREAS, the State of California Building Standards Commission has adopted the Model Codes
for application to construction within the State.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Code Amendments.
Title 8, "Building Regulations," is hereby amended as follows:
Chapter I - Building Administrative Code
Section 8-1.01 is hereby amended to read as follows:
"Section 8-1.01. Adoption of Uniform Administrative Code.
For the purpose of providing minimum standards to safeguard life or limb, health, property and public
welfare by regulating and controlling the use and occupancy, location and maintenance of all buildings and structures
within this jurisdiction, that Code known as the Uniform Administrative Code, 1991 Edition, published by the
International Conference of Building Officials, three (3) copies of which are on file in the City Clerk's Department for
public record and inspection, is hereby adopted by reference and made a part of this Chapter as though set forth in this
Chapter in full, subject however, to the amendments set forth in this Chapter, and said Code shall be known as the
Building Administration Code of the City."
Chapter 2 - Building Code
Section 8-2.01 is hereby amended to read as follows:
"Section 8-2.01. Adoption of Uniform Building Code.
For the purpose of prescribing regulations for the erection, construction, enlargement, alteration,
repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance
of all buildings or structures in the City of San Juan Capistrano, those documents, three (3) copies of which
are on file in the office of the City Clerk, being marked and designated as:
(a) Uniform Building Code, 1991 Edition, published by the ICBO, including the generic fire -
resistive assemblies listed in the Fire Resistance Design Manual, 1991 Edition, published by the Gypsum
rim.
Association as referenced in Tables Nos. 43-A, 43-13, and 43-C of said Uniform Building Code, l l
(Agricultural Buildings), 32 (Re -roofing), 49 (Patio Covers), 57 (Regulations Governing Fallout Shelter), and,
(b) Uniform Building Code Standards, 1991 Edition, published by the ICBO, including (i)
Structural Welding Code -Reinforcing Steel, AWS D I.4-79 (U.B.C. Standard No. 26-8); (ii) Structural Welding
Code - Steel, ANSI/AWS Dl.1-84 (U.B.C. Standard No. 27-6); (iii) Structural Welding Code - Sheet Steel,
ANSI/AWS D1.3-81 (U.B.C. Standard 27-16) published by the American Welding Society, Inc; and;(iv)
Standard for the Installation of Sprinkler Systems, NFPA 13-1980, published by the National Fire Protection
Association (U.B.C. Standard 38-1), as modified or amended in the Uniform Building Code Standards
referenced herein,
are hereby adopted by reference and made a part of this Chapter as though set forth in this Chapter in full,
subject, however, to the amendments set forth in this Chapter, and said Code shall be known as the Building
Code of the City."
Section 8-2.02 is hereby amended to read as follows:
"Section 8-2.02. Administration.
Part I (Administrative) of the 1F91 Edition of the Uniform Building Code is hereby deleted in its
entirety."
Section 8-2.03, fust sentence, is hereby amended to replace the words "1988 Edition' with the words
"1991 Edition", as follows:
"Section 8-2.03. Fire Resistive Substitution.
Section 508 of the 1991 Edition of the Uniform Building Code is amended to read as follows:
Section 508. Where one-hour fire -resistive construction throughout is required by this Code, an
approved automatic sprinkler system, as specified in Chapter 38, may be substituted, provided such system is
not otherwise required throughout the building."
Section 8-2.08, subsection Section 7008. (a) Bonds Required., is hereby amended to read as follows:
"Section 8-2.08. Bonds.
Section 7008 is amended in its entirety to read as follows:
Section 7008. (a) Bonds Required. The permits required by the provisions of this Chapter shall not
be issued unless the permittee shall first post with the Building Official a bond executed by the owner and a
corporate surety, authorized to do business in the State as a surety, in an amount sufficient to cover the cost
of the project, including the construction of drainage and protective devices and any corrective work necessary
to remove and eliminate engineering and geological hazards. The bond shall also cover any damage to public
or private streets, roads, or driveways that is caused by the grading operation including hauling of soil onto or
from the site, transportation of equipment and material, or other sources that may cause damage. An inspection
and documentation as to the condition of the roadways providing access to the grading site must be submitted
by the project engineer at the time the grading bond is posted. Any damages to the roadway must be repaired
to the satisfaction of the Building Official before the bond is released. Such bonds shall be in a form prescribed
by the Building Official or approved as to form by the City Attorney.
In lieu of a surety bond, the applicant may file a cash bond or a letter of credit drawn on a bank and
approved by the City Attorney."
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Section 8-2.08. Bonds., is hereby amended by adding Subsection (g) Erosion protection deposit.,
to Subsection 7008, to read as follows:
"(g) Erosion protection deposit. In addition to the bond required in subsection (a) of this section, an
additional deposit shall be posted to ensure the installation of all necessary erosion protection devices, systems,
and controls. The deposit shall be in the form of cash, a letter of credit, or a certificate of deposit posted with
the City and maintained readily available to complete the installation of the erosion system in the event the
property owner, developer, engineer, or other person in control of the grading project fails to complete the
erosion protection plan as required. The deposit amount shall be sufficient to cover the total expected cost to
install all the erosion control measures deemed necessary by the Building Official. The project engineer shall
prepare and submit a cost estimate of the erosion control plan and the deposit amount shall be equal to the cost
estimate. The Building Official shall have the authority to require additional deposit amounts when it is
determined that the cost estimate is not representative of the expected costs for the City to contract to have the
erosion plan completed. The erosion control deposit shall remain in place until the project is inspected and
found to be complete and in conformance with the approved grading plan and all applicable conditions,
standards, and ordinances. Upon final release of the grading project, the erosion control deposit shall be
refunded."
Section 8-2.10. Drainage, Terracing and On -Site Improvements., is hereby amended by adding
subsection (h) Maintenance. to Subsection 7012, to read as follows:
"(h) Maintenance. All drainage devices installed on private or public property including terrace
drains, down drains, interceptor drains, and subsurface drainage devices shall be maintained clear and free of
debris, trash, soil, or other deleterious materials that would impede water flow or interfere with the proper
function and operation of the drainage device.
Failure to comply with a Notice and Order from the Building Official to property maintain a drainage
device shall allow the Building Official to contract to have the necessary work performed to clear the drainage
device and the costs incurred recovered pursuant to the procedures and processes established in the Uniform
Code for the Abatement of Dangerous Buildings as adopted by the City."
Section 8-2.15 Erosion Control., is hereby added to Chapter 2 of Title 8 of the San Juan Capistrano
Municipal Code, to read as follows:
"Section 8-21 S . Erosion Control.
Section 7013(c) and (d) are amended to read as follows:
(c) Installation required. Erosion control devices, systems and controls determined to be
necessary by the Engineer of record or the Building Official shall be installed in conformance with the
approved erosion control plan from October 15 to April 15 inclusive. The erosion control devices and systems
shall be maintained in good condition and replaced if damaged or deteriorated such that they become
ineffective.
(d) Plans required. When determined necessary by the Building Official, appropriate plans and
specifications, prepared; by a licensed Architect, Engineer, or Geotechnical Engineer, shall be submitted and
approved prior to placing erosion control devices or systems. A plan review fee shall be paid as provided by
City Resolution to pay for the review and approval of the erosion control plan."
Section 8-2.11. Grading inspection., is hereby amended by adding subsection (8) to Subsection
7014(g). Site inspections and preinspections, to read as follows:
"(8) In order to verify that the grading and drainage devices have been completed in conformance
with the approved plans and applicable standards, the Civil Engineer, Geotechnical Engineer, grading
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contractor, owner, or other person responsible for the job shall provide adequate survey staking to the
satisfaction of the Building Official."
Section 8-2.13. Import or Export, Subsection 7016. Earth transportation. (a), is amended to replace
the words "5,000 cubic yards of earth" with the words "50 cubic yards of earth" to read as follows:
"Section 8-2.13. Import or Export.
Chapter 70 of the Uniform Building Code is amended by adding Section 7016 to read as follows:
Section 7016. Earth transportation. (a) Where an excess of 50 cubic yards of earth per site project
is moved on public or private roadways from or to the site of an earth grading operation, all of the following
requirements shall apply:"
Chapter 3 - Electrical Code.
Section 8-3.01. Adoption., is hereby amended to read as follows:
"Section 8-3.01. Adoption.
That certain Code known as the National Electrical Code, 1991 Edition, published by the National
Fire Protection Association, three (3) copies of which are on file in the City Clerk's Office for public record
and inspection, is hereby adopted by reference and made a part of this Chapter as though set forth in this
Chapter in full."
Chapter 4 - Mechanical Code
Section 8-4.01. Adoption., is hereby amended to read as follows:
"Section 8-4.01. Adoption.
That certain Code known as the Uniform Mechanical Code, 1991 Edition, published by the
International Association of Plumbing and Mechanical Officials, including appendices thereto and the 1991
supplement to the Uniform Mechanical Code, three (3) copies of which are on file in the City Clerk's Office
for public record and inspection, is hereby adopted by reference and made a part of this Chapter as though set
forth in this Chapter in full."
Chapter 5 - Plumbing Code
Section 8-5.01. Adoption., is hereby amended to read as follows:
"Section 8-5.01. Adoption.
That certain Code (mown as the Uniform Plumbing Code, 1991 Edition, published by the International
Association of Plumbing and Mechanical Officials, including the entire appendices thereof, three (3) copies
of which are on file in the City Clerk's Office for public record and inspection, is hereby adopted by reference
and made a part of this Chapter as though set forth in this Chapter in full.
Chapter 6 - Swimming Pool, Spa, and Hot Tub Code
Section 8-6.01. Adoption, is hereby amended to read as follows:
"Section 8-6.01. Adoption.
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That certain Code known as the Uniform Swimming Pool, Spa, and Hot Tub Code, 1991 Edition,
published by the International Association of Plumbing and Mechanical Officials, three (3) copies of which are on file
in the City Clerk's Office for public record and inspection, is hereby adopted by reference and made a part of this
Chapter as though set forth in this Chapter in full."
Chapter 7 - Housing Code
Section 8-7.01. Adoption, is hereby amended to read as follows:
"Section 8-7.01. Adoption.
That certain Code known as the Uniform Housing Code, 1991 Edition, published by the International
Conference of Building Officials, three (3) copies of which are on file in the City Clerk's Office for public
record and inspection, is hereby adopted by reference and made a part of this Chapter as though set forth in
this Chapter in full."
Chapter 8 - Dangerous Building Code
Section 8-8.01. Adoption., is hereby amended to read as follows:
"Section 8-8.01. Adoption.
That certain Code known as the Uniform Code for the Abatement of Dangerous Buildings, 1991
Edition, published by the International Conference of Building Officials, three (3) copies of which are on file
in the City Clerk's Office for public record and inspection, is hereby adopted by reference and made a part of
this chapter as though set forth in the chapter in full."
This Ordinance shall take effect and be in force thirty (30) days after its passage.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the
duly designated posting places within the City and published once within fifteen (15) days after passage and adoption
as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and
a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date
of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published
the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against
the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 3rd day of May 1994.
d0LLENE-fAMPBtLL, MAYOR
ATTEST:
DLY__
CITY CLERI
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY
CERTIFY that the foregoing is a true and correct copy of Ordinance No. 746 which was introduced at a
meeting of the City Council of the City of San Juan Capistrano, California, held on April 19
1994, and adopted at a meeting held on May 3 , 1994, by the following vote:
AYES: Council Members Jones, Nash, Vasquez and Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: Council Member Hausdorfer
(SEAL)_
CHERYL JOHNSON, 6TY CLERK
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