Ordinance Number 467ORDINANCE NO. 467
AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE
(NATIONAL ELECTRICAL CODE AND BUILDING REGULATIONS)
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CERTAIN SECTIONS OF TITLE 8
OF THE MUNICIPAL CODE SETTING FORTH LOCAL
CONDITIONS JUSTIFYING AMENDMENTS TO THE NATIONAL
ELECTRICAL CODE, 1981 EDITION, AND ADOPTING THE
NATIONAL ELECTRICAL CODE, 1981 EDITION, TOGETHER
WITH CERTAIN AMENDMENTS THERETO, AND DELETING THE
1978 EDITION OF THIS SAME NATIONAL ELECTRICAL
CODE, AND ADOPTING CERTAIN ADDITIONS AND
AMENDMENTS TO THE MUNICIPAL BUILDING REGULATIONS
SECTION 1. Findings.
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WHEREAS, Health and Safety Code Section 17958.5 provides
that a City governing body may, upon express findings of the
necessity, make such changes or modifications to the National
Electrical Code as are reasonably necessary because of certain
local conditions; and,
WHEREAS, the Supervisor of the Division of Building and
Safety of the City of San Juan Capistrano has recommended that
the National Electrical Code, 1981 Edition, be adopted by the
City with certain modifications and amendments which are required
by local conditions.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of San Juan Capistrano finds and determines that
certain modifications to the National Electrical Code, 1981
Edition, recommended by the Supervisor of Building and Safety are
necessary and required by the existence of one or more of the
following local conditions:
1. Maintenance of consistency with other City
Historical, Land Use and Preservation Codes and
requirements.
2. Compliance with other existing local Codes and
Ordinances.
3. Establishment of consistent penalty standards.
4. Local soil, terrain,
conditions affecting
and inspections.
weather, wind and other
design, permits, plan checks
5. Existence of extensive local hillside building lot
preparation and construction, by local highly
expansive and other soil conditions and by other
local requirements to control slope erosion,
failure and slippage.
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6. Local conditions which necessitate uniformity of
organization and enforcement procedures.
7. Local soil, climatic and environmental conditions
to protect and preserve the public health and
safety.
SECTION 2. Additions and Amendments.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, IN ACCORDANCE WITH THE FINDINGS SET FORTH IN SECTION
1, DOES HEREBY ORDAIN AS FOLLOWS:
A. Title 8, Chapter 4, Building Code of the San Juan
Capistrano Municipal Code is amended as follows:
1. Section 8-4.01 is amended to read as follows:
"Section 8-4.01.
Adoption of the National
Electrical Code.
"That certain Code known as the 'National
Electrical Code,' 1981 Edition, published by the
National Fire Protection Association, 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, additions, and deletions set forth in this
chapter, and said Code shall be known as the Electrical
Code of the City."
2. Section 8-4.03 is amended to read as follows:
"Section 8-4.03. Amendments: Section 90-9:
Responsibilities.
"Section 90-9 is hereby added to said
Electrical Code to read as follows:
"Section 90-9. Responsibilities.
"(a) This Code shall not be construed to
relieve from or lessen the responsibility
of any party owning, operating,
controlling, or installing any electric
wiring, electric device, or electric
material for damages to persons or
property caused by any defect therein,
nor shall the jurisdiction be held as
assuming any such liability by reason of
the inspections authorized by this Code
or the certificates of inspection issued
as provided in this Code.
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"(b) The Building official is hereby authorized
to determine the intent and meaning of
any provision of this Code.
"(c) It shall be unlawful for any person,
firm, or corporation, either as owner,
architect, contractor, artisan, or
otherwise, to do, or knowingly to cause
or permit to be done, any electrical
wiring as defined in this Code in such a
manner that such wiring shall not conform
to all of the provisions of this Code."
3. Section 8-4.04, Subsection 91-8, (a) and (b),
is amended to read as follows:
"Section 8-4.04.
Amendments: Article 91:
Permits, Fees, and
Inspections.
"Section 91-8. Permits: Expiration.
"Every permit shall expire and become null and
void for either or both of the following reasons:
"(a) Whenever the electric wiring authorized
by a permit is not commenced within one
hundred eighty (180) days after the date
of the issuance of such permit; or
"(b) Whenever the electric wiring authorized
by a permit has been suspended, abandoned,
or discontinued for a continuous period
of one hundred eighty (180) days."
4. Section 8-4.05, Subsection 92-5, is amended
to read as follows:
"Section '8-4.05. Amendments: Article 92:
Installation Standards.
"Section 92-5
Occupancy Group Classifications
for Various Buildings and
Structures.
"All structures shall be classified as set
forth in the Uniform Building Code of the edition
adopted by the City and in effect at the time of
classification."
5. Section 8-4.09 is amended to read as follows:
"Section 8-4.09. Amendments: Section 210-52.
Dwelling Unit Receptacle
Outlets.
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94 "(a) Subsection (f) of Section 210-52 is
hereby amended to read as follow:
"(f) Basements and Garages. For a one -
family dwelling at least one
receptacle outlet in addition to
any provided for laundry equipment
shall be installed in each basement
and in each attached or detached
garage or carport. See Section
210-8(a)(2)."
"(b) Subsection (g) of Section 210-52 is
.hereby added to read as follows:
"(g) Minimum wire size. For the supply
of current to general appliance
and convenience receptacle circuits,
no conductor smaller than No. 12
AWG shall be installed. No
convenience receptacle or appliance
receptacle shall be installed or
operated on a general lighting
branch circuit at any time.
"EXCEPTION: A convenience receptacle
may be on a lighting circuit if
used as a switched lighting outlet."
6. Section 8-4.10 is amended to read as follows:
"Section 8-4.10. Amendments: Section 210-70.
Lighting Outlets Required.
"Section 210-70 of said Electrical Code is
hereby amended to read as follows:
"Section 210-70. Lighting Outlets Required.
"(a) Each single-family dwelling and each
occupancy of a multi -family dwelling
shall have not less than one general
lighting branch circuit with a maximum
of twelve (12) lighting outlets per
circuit installed. The minimum wire
size shall be No. 14 AWG.
"(b) In all occupancies, every room shall
have at least one switched general
lighting outlet. Living rooms, bedrooms,
family rooms, and dens may be excepted
provided at least one switched wall
receptacle is installed of the 'split
plug' variety and supplied by a lighting
branch circuit and a convenience outlet
circuit.
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"(c) Entrance doorways providing access to
the premises from the exterior shall be
provided with exterior illumination
suitably located. The illuminating
source shall be controlled by an interior
switch conveniently located near the
doorway. A vehicle door in an attached
garage is not considered as an butdoor
entrance.
"(d) All interior and exterior stairways and
hallways shall be equipped with adequate
lighting to insure safety. Such lighting
shall have three-way switches installed
at the head and foot of each stairway,
unless lighting is controlled by time
clocks.
"(e) At least one lighting outlet shall be
installed in an attic, underfloor space,
utility area, or basement used for
storage or containing equipment requiring
servicing.
"(f) At least one wall switch -controlled
lighting outlet shall be installed in
each attached or detached garage and
carport.
"(g) At least one wall switch -controlled
lighting outlet or wall switch -controlled
receptacle shall be installed in guest
rooms in hotels, motels, or similar
occupancies."
7. Section 8-4.17 is added to read as follows:
"Section 8-4.17.
Amendments: Section 230-84:
Service Equipment -
Disconnecting Means.
"Subsection (c) of Section 230-84 is hereby
added to said Electrical Code to read as
follows:
"Section 230-84. More Than One Building Or
Other Structure.
"(c) Distribution Panel Disconnect Location.
A suitable disconnecting device shall be
provided in all commercial and industrial
installations for each distribution
panel located remotely from the main
disconnect. This disconnecting device
shall be located in and be accessible to
the tenants or occupants of each separate
suite or area, and shall enable the
entire distribution panel to be deactivated
without leaving the area."
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96 B. Title 8, Chapter 2, Building Code of the San Juan
Capistrano Municipal Code is amended as follows:
1. Section 8-2.09 is added to read as follows:
"Section 8-2.09
Amendments: Section 1719:
Wood Roof Coverinqs.
"Section 1719 is hereby added to said Building
Code to read as follows:
"Section 1719. Wood Roof Coverings.
"(a) Section 3203 of said Building Code is
hereby amended as follows:
11(1) Wood shingles and wood shakes, when
permitted by this Chapter 32,
shall, in all cases, be pressure
treated with an approved fire
retardant acceptable to the Building
Official.
"(b) Wood shingles and wood shakes, when used
for residential roofing, both new
construction and re -roofing, shall be
pressure treated as in (a), above, and
the completed roof shall conform to at
least Class C requirements.
"(c) Wood shingles and wood shakes, when used
for commercial or industrial roofing,
both new construction and re -roofing,
shall be pressure treated as in (a)
above, and the completed roof shall
conform to at least Class B requirements.
"(d) The provisions of this Section shall
apply to all building wood roof coverings
within the City limits of San Juan
Capistrano unless specifically exempted
by the Building Official."
2. Section 8-2.10 is added to read as follows:
"Section 8-2.10. Amendments: Section 1720:
Roof Coverings - General.
"Section 1720 is hereby added to said Building
Code to read as follows:
"Section 1720.
Roof Coverings - General.
"(a) Roof coverings shall be as specified in
Section 3203, as amended, except that
all roofs shall be fire resistant or
fire retardant.
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"(b) All residential roofing, both new
construction and re -roofing, shall
conform to at least Class C requirements.
"(c) All commercial and industrial roofing,
both new construction and re -roofing,
shall conform to at least Class B
requirements.
"(d) Minor repairs and/or re -roofing not
exceeding ten (10) percent of total roof
area, may, with the prior approval of
the Building Official, and not
withstanding other provisions of this
Code, be made using in-kind materials of
the remainder of the roof.
"(e) When re -roofing exceeds ten (10) percent
but is less than fifty (50) percent of
total roof area, the re -roofed portion
shall comply with the provisions of this
Code. When re -roofing exceeds fifty
(50) percent of total roof area, the
entire roof shall be upgraded to comply
with the provisions of this Code."
3. Section 8-2.11 is added to read as follows:
"Section 8-2.11.
Amendments: Section 1721:
Solar Water Heating
Installations.
"Section 1721 is hereby added to said Building
Code to read as follows:
"Section 1721. Solar Water Heating Installations.
"(a) Policy. It is the policy of the City of
San Juan Capistrano to encourage and
promote the use of solar energy systems
for water heating purposes.
"(b) Installation. All solar energy systems
used for water heating purposes shall
be installed in such a manner as to
maximize heat absorption and to minimize
adverse visual and aesthetic impacts.
"(c) Requirements. In general, each
installed system shall be custom designed
for its intended installation and use.
The design shall consider such factors
as the following:
"(1) The solar panel(s) shall generally
face due south.
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"(2) The solar panel($)
have -an inclination
of approximately 33
11(3) The panel(s) shall
that they will not
surrounding trees,
buildings.
shall generally
from the horizontal
degrees.
be installed so
be shaded by
vegetation or
11(4) Consideration shall be given to
protection of the solar panel(s)
from the wind, in order to minimize
heat loss due to convection.
"(5) If a rack is required to provide
proper installation of the solar
panel, or panels, the materials and
design of the rack shall be such as
to harmonize with its surroundings,
and shall be as unobtrusive as
possible.
11(6) Color and reflectivity of the
completed installation shall comply,
to the greatest extent practicable,
with the requirements of Title 9 of
the Municipal Code. Care shall be
taken to eliminate or minimize
reflected glare which could adversely
affect surrounding premises.
"(7) The installation shall comply with
plumbing and other requirements of
this Code.
"(d) Each installation shall be specifically
approved by the Planning Department and
Building Division prior to permit issuance
and start of work."
C. Title 8, Chapter 5, Grading Code of the San Juan
Capistrano Municipal Code is amended as follows:
1. Section 8-5.07 is amended to read as follows:
"Section 8-5.07. Permits: Terms: Extensions
of Time.
"(a) Terms. Every permit issued pursuant to
the provisions of this chapter shall be
valid as provided by Section 303 of the
Uniform Building Code.
"(b) Extensions of time. If the holder of a
grading permit presents satisfactory
reasons for his failure to complete the
work during the period of the validity
of the permit, the Building Official,
upon an application of the permittee,
may grant extensions of time deemed
necessary by reason of such difficulties.
No request for such extensions shall be
considered later than the thirtieth
(30th) day preceding the date on which
such permit would otherwise expire.
Only one such extension shall be permitted."
2. Section 8-5.09(d) is added to read as follows:
"Section 8-5.09. Permits: Denial
"(d) Winter grading. The Building Official
may deny issuance of a grading permit
for work to be done during the period of
October 15th through April 15th in any
case where he finds that the work as
proposed by the applicant is liable to
constitute a hazard to the public welfare,
or endanger life or any private property,
or result in the deposit of debris on
any public way, or interfere with any
existing drainage course.
"If it can be shown to the satisfaction
of the Building Official that the hazard
can be essentially eliminated by the
construction of retaining structures,
buttress fills, or drainage devices or
by other means, the Building Official
may issue the permit with the conditions
under which such work shall be performed.
Section 8-5.12(b) is amended to read as follows:
"Section 8-5.12. Earth Transportation.
"(b) The loading and transportation of earth
from or to the site shall be accomplished
between 7:00 a.m. and 6:00 p.m. on
Monday through Friday and between 8:30
a.m. and 12:30 p.m. on Saturdays.
Saturday afternoon work -hours may be
extended up to 4:30 p.m. only with the
prior approval of the Building Official.
Such approval shall be based upon
consideration of haul route, noise and
dust factors, proximity to residences
and similar criteria. No earth loading
or transportation shall be permitted on
Sundays or on Federal Holidays."
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D. Title 8, Chapter 10, Swimming Pool Code of the San
Juan Capistrano Municipal Code is amended as
follows:
1. Section 8-10.08 is amended to read as follows:
"Section 8-10.08. Fences and Gates.
"All swimming pools shall be enclosed by a
permanent fence of a design satisfactory to the Building
official having a height of not less than five (51)
feet measured at any point on the outside of the fence.
"All gates installed in the swimming pool
fencing shall be at least five (5') feet high and shall
be of the self-closing and self -latching type.
"All swimming pool fencing and gates shall
have been installed and satisfactorily inspected prior
to filing the swimming pool."
2. Section 8-10.09 is added to read as follows:
"Section 8-10.09. Covers.
"All swimming pools shall be equipped with a
cover which meets the following minimum requirements:
"(a) Cover may be opaque or translucent.
"(b) Cover shall have a minimum thickness of
4 mils (0.004 inch).
"(c) Cover shall have been manufactured for
and intended for use as a swimming pool
cover.
"(d) Cover shall have a minimum three-year
guarantee.
"(e) Cover shall be on the pool at the time
of final inspection."
E. Title 8, Chapter 1, Fees, of the San Juan Capistrano
Municipal Code is amended as follows:
1. Article 4, Section 8-1.401, Mechanical Permits,
is amended by adding a new fee schedule at
the end of Section 8-1.401 which reads as
follows:
"For each free-standing metal fireplace
installation . . . . . . . . . . . . .$10.00."
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2. Article 5, Section 8-1.501, Plumbing Permits,
is amended by adding two new fee schedules at
the end of Section 8-1.501 which read as
follows:
"For each solar hot water system. . . . .$12.50
"For each swimming pool solar heater system:
Domestic . . . . . . . . . . . . . . $12.50
Commercial . . . . . . . . . . . . .$25.00"
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
The provisions of this Ordinance shall apply to all
building activity for which permits are issued after the effective
date hereof. Building activity for which permits were issued
prior to the effective date hereof shall be completed and inspected
under the provisions which were in effect at the time the permit
was issued.
Further, the City Clerk shall be and hereby is authorized
and directed to forward, for filing, a copy of this Ordinance to
the State Department of Housing and Community Development.
SECTION 4. Citv Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted in the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 3rd day of
August 1982, by the following vote, to wit:
AYES: Councilmen Friess, Bland, and Mayor Buchheim
NOES: None
.--ABSENT: Councilmen H sdorfer, S wartze
NCE F. B HH MA OR
ATTEST:
CITY CLEW
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