Ordinance Number 4962'72
ORDINANCE NO. 413b -
AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE
(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 UNIFORM
BUILDING CODES, 1982 EDITIONS, AND ADOPTING
CERTAIN UNIFORM BUILDING CODES, 1982 EDITIONS,
TOGETHER WITH CERTAIN AMENDMENTS, APPENDICES
AND STANDARDS THERETO, AND DELETING THE 1979
EDITIONS OF THESE SAME UNIFORM BUILDING CODES
SECTION 1. Findings.
WHEREAS, Health and Safety Code Section 17958.5
provides that a City governing body may make such changes or
modifications to the Uniform Building Code, 1982 Edition; the
Uniform Housing Code, 1982 Edition; the Uniform Plumbing Code,
1982 Edition; and, the Uniform Mechanical Code, 1982 Edition, as
are reasonably necessary because of local conditions; and,
WHEREAS, Health and Safety Code Section 17958.7
requires the City governing body (City Council) to make express
findings of the necessity for modifications in the Uniform
Building Code, 1982 Edition; the Uniform Housing Code, 1982
Edition; the Uniform Plumbing Code, 1982 Edition; and, the
Uniform Mechanical Code, 1982 Edition; and,
WHEREAS, the Building Official of the Division of
Building and Safety of the City of San Juan Capistrano has
recommended that the Uniform Building Code, 1982 Edition; the
Uniform Housing Code, 1982 Edition; the Uniform Plumbing Code,
1982 Edition; and, the Uniform Mechanical Code, 1982 Edition, be
adopted by the City with certain modifications and amendments
which are required by local conditions.
NOW, THEREFORE, BE IT RESOLVED, that the modifications
to the Uniform Building Code, 1982 Edition; the Uniform Housing
Code, 1982 Edition; the Uniform Plumbing Code, 1982 Edition; and,
the Uniform Mechanical Code, 1982 Edition, recommended by the
Building Official are hereby expressly found to be necessary and
required by one or more of the following local conditions:
1. Required to insure consistency with other City
Historical, Land Use and Preservation Codes and
requirements.
2. Necessary to comply with other existing local
Codes and Ordinances.
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3. Required by local conditions which have resulted
in the establishment of consistent penalty
standards.
Necessitated by local soil, terrain, weather and
other conditions affecting permits, plan checks
and inspections.
5. Necessitated by 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.
Required by local conditions which necessitate
uniformity of organization and enforcement
procedures.
7. Required by 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 2, Building Code of the San Juan
Capistrano Municipal Code is amended as follows:
1. Section 8-2.01 is hereby amended to read as
follows:
"Section 8-2.01. Adoption of the Uniform
Building Code.
"For the purpose of prescribing regulations
for the erection, construction, enlargement,
alteration, repair, improvement, removal,
conversion, demolition, occupancy, equipment, use,
height, and area of buildings and structures, that
certain Code known as the 'Uniform Building Code,'
1982 Edition, published by the International
Conference of Building Officials, including the
Appendix (except Chapter 12), Standards, and 1983
Supplements thereto, 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 Building Code of the City."
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2. Subsections (a), (b), (c), (d), and (h)(1) of
Section 8-2.05 are hereby amended to read as
follows:
"Section 8-2.05. Amendments: Section 304:
Fees.
"(a) Building Permit Fees. Building permit
fees shall be as set forth in Article 1
of Chapter 1 of Title 8 of the San Juan
Capistrano Municipal Code.
"The determination of value or valuation
under any of the provisions of this Code
shall be made by the Building Official,
based on the cost per square foot as set
forth in the Building Valuation Data
published by the International
Conference of Building Officials. (See
Section 8-1.102 of Article 1 of Chapter
1 of Title 8 of the San Juan Capistrano
Municipal Code.)
"Where work for which a permit is
required by this Code is started or
proceeded with prior to obtaining such
permit, the fee for such permit shall be
doubled, but the payment of such double
fee shall not relieve any person from
fully complying with the requirements of
this Code in the execution of the work
nor from any other penalty prescribed by
this Code.
"(b) Plan -Review Fees. When a plan is
required to be submitted by subsection
(b) of Section 302, a plan -review fee
shall be paid to the Building Official
at the time of submitting plans and
specifications for checking. Such
plan -review fee shall be as set forth in
Article 1 of Chapter 1 of Title 8 of the
San Juan Capistrano Municipal Code.
"(c) Expiration of Plan Review. Applications
for which no permit is issued within 180
days following the date of the
application shall expire by limitation,
and plans submitted for review may
thereafter be returned to the applicant
or be destroyed by the Building
Official. The Building Official may
extend the time for action by the
applicant for a period not exceeding 180
days upon a written request by the
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"applicant showing that circumstances
beyond the control of the applicant have
prevented action from being taken. No
application shall be extended more than
once. In order to renew action for an
application after expiration, the
applicant shall resubmit plans and pay a
new plan -review fee.
"(d) Additional Plan -Review Fees. When
changes are made to previously submitted
plans, an additional plan -review fee
shall be paid to the Building Official
based upon the value of the construction
of the proposed change or design. In
establishing such fee, no allowance for
a decreased valuation shall be permitted
due to the replacement, omission, or
lessening of any member or portion of
the building shown in the original
plans. Such fee may be waived when, in
the opinion of the Building Official,
the additional fee is not warranted. No
additional fee shall be charged for
checking corrections required by the
Building official.
"(h) Refunds.
11(1) Refunds may be made to the
permittee in an amount equal to
eighty (80%) percent where work
authorized by a permit has not
commenced, except that no refund
shall be made after such permit has
expired."
3. Subsection (c)(5) of Section 8-2.06 is hereby
amended to read as follows:
"Section 8-2.06. Amendments: Section 307:
Certificate of Occupancy.
"(5) A statement that the described
portion of the building complies
with the requirements of this Code
for the group and division of
occupancy and the use for which the
proposed occupancy is classified;
and,"
Subsection (f) is hereby added to Section
8-2.06 to read as follows:
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"Section 8-2.06. Amendments: Section 307:
Certificate of Occupancy.
"(f) Revocation. The Building Official may,
in writing, suspend or revoke a
certificate of occupancy issued under
the provisions of this Code whenever the
certificate is issued in error, or on
the basis of incorrect information
supplied, or when it is determined that
the building or structure or portion
thereof is in violation of any ordinance
or regulation or any of the provisions
of this Code."
Section 8-2.07, paragraphs one and two are
hereby amended to read as follows; existing
subsections (a), (b), and (c) remaining
unchanged:
"Section 8-2.07. Amendments: Section 308:
Plastering: Permits: Fees.
"Section 308 is hereby added to said Building
Code to read as follows:
"Section 308. Plastering: Permits:
Fees. It shall be unlawful for any person, firm,
or corporation, whether acting as principal, agent
or employee, to do, or cause or permit to be done,
any plastering work, including stucco, interior or
exterior, within the area covered by this Code
without first obtaining a permit therefor from the
Building Official, and, further:"
6. Section 8-2.08, Amendments: Section 1718:
Restrictions in Brush -Covered Areas, is
hereby amended to show all references to
Section 1718 as Section 1717.
7. Section 8-2.09, Amendments: Section 1719:
Wood Roof Coverings, is hereby amended to
_ show all references to Section 1719 as
Section 1718.
Section 8-2.10, Amendments: Section 1720:
Roof Coverings: General, is hereby amended
to show all references to Section 1720 as
1719.
9. Section 8-2.11, Amendments: Section 1721:
Solar Water Heating Installations, is hereby
amended to show all references to Section
1721 as 1720.
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B. Title 8, Chapter 3, Dangerous Buildings Code of
the Zan Juan Capistrano Municipal Code is amended
as follows:
1. Section 8-3.01, Adoption of the Dangerous
Buildings Code, is hereby amended to show the
reference to the 1979 Edition as the 1982
Edition.
C. Title 8, Chapter 5, Grading Code, is hereby
amended as follows:
1. Section 8-5.02, Scope, is hereby amended to
show the reference to the 1979 Edition as
the 1982 Edition.
D. Title 8, Chapter 7, Housing Code, is hereby
amended as follows:
1. Section 8-7.01, Adoption of the Uniform
Housing Code, is hereby amended to show the
reference to the 1979 Edition as the 1982
Edition.
E. Title 8, Chapter 8, Mechanical Code, is hereby
amended as follows:
1. Section 8-8.01, Adoption of the Uniform
Mechanical Code, is hereby amended to show
the reference to the 1979 Edition as the
1982 Edition.
F. Title 8, Chapter 9, Plumbing Code, is hereby
amended as follows:
1. Section 8-9.01, Adoption of the Uniform
Plumbing Code, is hereby amended to show the
reference to the 1979 Edition as the 1982
Edition and by the addition of Appendix H to
the existing Appendices A, B, C, D, and I.
2. Section 8-9.04, Duties of the Administrative
_ Authority, is hereby amended by deleting
existing subsection (d), and renumbering the
remaining existing subsections as follows:
"(e) to (d) ;
"(f) to (e);
"(g) to (f);
"(h) to (g) ; and,
" (i) to (h) "
3. Subsection (e) of Section 8-9.13 is hereby
amended to read as follows; existing
subsections (e)(1) and (e)(2) remaining
unchanged:
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"Section 8-9.13. Refunds.
Z78
"(e) Refunds. The Building Official shall
make no refunds of fees collected
amounting to One and no/100ths ($1.00)
Dollar or less or of any plan -review
fee. In any case where work designated
in the permit has not commended, and
where such permit has not expired, a
refund may be made in an amount equal to
eighty (80%) percent of the permit fee
paid, unless the fee paid for the
issuance of the permit has been made for
an area outside of his jurisdiction or a
duplication of permits has been made and
two (2) fees have been collected for the
same job, in which case 100% may be
refunded; provided, however, no refund
of any fee, or portion thereof, shall be
made in either of the following cases:"
Section 8-9.18 is hereby amended to read as
follows:
"Section 8-9.18. Amendments: Section 1010:
Faucets.
"Section 1010 is hereby added to said Plumbing
Code to read as follows:
"Section 1010. Faucets. All faucets
shall be flow -control types designed to limit the
maximum flow to two (2) gallons per minute per
valve or four (4) gallons per minute on single
control faucets, unless otherwise provided in this
Code."
5. Subsection (f) of Section 8-9.19 is hereby
amended to read as follows:
"Section 8-9.19. Amendments: Section 1101:
Sewers Required.
"(f) On every lot or premises connected to a
public sewer on or after September 1,
1978, all plumbing and drainage systems,
or parts thereof, on such lot or
premises shall be connected with such
public sewer.
"EXCEPTION: Single-family dwellings and
buildings, or structures accessory
thereto, existing and connected to an
approved private sewage disposal system
prior to the time of connecting the
premises to a public sewer, when no
hazard, nuisance, or insanitary
condition is evidenced and -.written
permission has been obtained from the
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"Administrative Authority, may remain
connected to such properly maintained
private sewage disposal system when
there is insufficient grade or fall to
permit drainage to the sewer by
gravity."
G. Title 8, Chapter 10, Swimming Pool Code, is hereby
amended as follows:
1. Section 8-10.01, Adoption of the Uniform
Swimming Pool Code, is hereby amended to show
the reference to the 1979 Edition as the
1982 Edition.
SECTION 3. Effectivity.
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 of the 1979 Edition of the Uniform
Building Codes which were in effect at the time the permit was
issued.
SECTION 4. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
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 5. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted at the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 18th day of
October , 1983 , by the following vote, to wit:
AYES: Councilmen Friess, Buchheim, Schwartze,
and Mayor Bland
NOES: None
ABSENT: Councilman Haus
ATTEST:
CITY CLERY _8_
4 O
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAP=STRANO )
I, MARY ANN HANOVER, 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. 496 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on October 6 1983_and
adopted at a meeting held on October i g , 19R'1
(SEAL)
MARY ANN NOVER, CITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 79-2-21-7 and on the 21st day of October 1983
she caused to be posted:
ORDINANCE NO. 496
being: AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE
(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 UNIFORM
BUILDING CODES, 1982 EDITIONS, AND ADOPTING
CERTAIN UNIFORM BUILDING CODES, 1982 EDITIONS,
TOGETHER WITH CERTAIN AMENDMENTS, APPENDICES
AND STANDARDS THERETO, AND DELETING THE 1979
EDITIONS OF THESE SAME UNIFORM BUILDING CODES
in three (3) public places in the City of San Juan Capistrano,
to wit: The Administration Building; The San Juan Hot Springs
Dance Hall; The Orange County Public Library.
MARY ANN OVER, CITY CLERK
San Juanapistrano, California
281
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ORD. NO.......RES. NO............
-;./, Mayor has signed
Clerk has signed
_....._.._,.City Seal stamped
__....:_ All blanks typed in �1
"Absent.. ...........
..-----. :�� .................-._..........
.Noes.. ........................................................
___../Typed in Official Record Book
..... _.. ----- Posted to Classified Cards -
......... Copies sent to .. :V-14 (1;- d-, .....
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-........... Legal Publication ordered to be published
(date) .- ----------- --- .-----.------ -.__.'--------- ..._......
No. Affidavits ....... __.. ...................... ...... -..._.
No. Printed copies required ....._..._._........._
Remar ._- ..
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