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Ordinance Number 414ORDINANCE NO. 414 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, 1979 EDITIONS, AND ADOPTING CERTAIN UNIFORM BUILDING CODES, 1979 EDITIONS, TOGETHER WITH CERTAIN AMENDMENTS, APPENDICES AND STANDARDS THERETO, AND DELETING THE 1976 EDITIONS OF THESE SAME UNIFORM BUILDING CODES (URGENCY) 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, 1979 Edition; the Uniform Housing Code, 1979 Edition; the Uniform Plumbing Code, 1979 Edition; and, the Uniform Mechanical Code, 1979 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, 1979 Edition; the Unform Housing Code, 1979 Edition; the Uniform Plumbing Code, 1979 Edition; and, the Uniform Mechanical Code, 1979 Edition; and, WHEREAS, the Supervisor of the Division of Building and Safety of the City of San Juan Capistrano has recommended that the Uniform Building Code, 1979 Edition; the Uniform Housing Code, 1979 Edition; the Uniform Plumbing Code, 1979 Edition; and, the Uniform Mechanical Code, 1979 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, 1979 Edition; the Uniform Housing Code, 1979 Edition; the Uniform Plumbing Code, 1979 Edition; and, the Uniform Mechanical Code, 1979 Edition, recommended by the Supervisor of Building and Safety 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. 3. Required by local conditions which have resulted in the establishment of consistent penalty standards. 4. 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. ee 6. Required by local conditons 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 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, improving, removal, conversion, demolition, occupancy, equipment, use, height, and area of buildings and structures, that certain Code known as the 'Uniform Building Code,' 1979 Edition, published by the International Conference of Building Officials, including the Appendix, Standards and 1980 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." 2. Section 8-2.04(a) is added to read as follows: "Section 8-2.04(a). Hours of operation. "Building operations within one-half 00 mile of a structure for human occupancy shall not be conducted between the hours of 8:00 p.m. and 7:00 a.m. However, the Building Official may permit operations during specific hours after 8:00 p.m. or before 7:00 a.m. if he determines that such operations are not detrimental to the health, safety, or welfare of the inhabitants of such a structure. The permitted hours of operation may be shortened by the Building Official on his finding of a previously unforseen effect on the health, safety, or welfare. No building activity may be conducted on Sunday or on a Federal Holiday except by a homeowner on his own residential property. "No permit issued pursuant to the provisions of this chapter and no provision of this section shall be construed to be a waiver of the applicability of the provisions set forth in Chapter 3 of Title 9 of this Code relating to noise control." 3. Section 8-2.04(b) is added to read as follows: "Section 8-2.04(b). Amendments: Section 301(b) Exempted Work. "Section 301(b) of said Building Code is hereby deleted in its entirety." -2- Section 8-2.05 is amended to read as follows: "Section 8-2.05. Amendments: Section 304: Fees. "Section 304 of said Building Code is hereby amended to read as follows: "Section 304. Fees. "(a) Building Permit Fees. Building permit fees shall be as set forth in Article 1 of Chapter 1 of Title 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 Standards published by the International Conference of Building Officials. (See Section 8-1.102 of Article 1 of Chapter 1 0£ 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 -Checking Fees. When a plan is required to be submitted by subsection (b) of Section 302, a plan -checking fee shall be paid to the Building Official at the time of submitting plans and specifications for checking. Such plan -checking 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 Check. Applications for which no permit is issued within 180 days following the date of the application shall expire by limitation, and plans submitted for checking 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 applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action for an application after expiration, the applicant shall resubmit plans and pay a new plan -checking fee. "(d) Additional Plan -Checking Fees. When changes are made to previously submitted plans, an additional plan -checking 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. "(e) Reinspection Fees. When any reinspection is required due to the negligence of the permit holder, his agent, or other responsible persons, or due to the failure of such parties to comply with previous correction instructions, a fee as established by ordinance shall be charged by the Building official for each such reinspection. Such fee shall be paid before any further inspection is made. -3- "(f) Conversion Inspection Fees. A fee as established by ordinance shall be paid when a conversion inspection is required by the Building Official. "(NOTE: The conversion fee shall not include the fees for the building permit, nor fees for electrical, plumbing, or heating and ventilating permits covering the alterations and/or repairs of the conversion.) "(g) Investigation Fees. A fee as established by ordinance may be charged by the Building Official for any investigation of a building, structure, work report, certification, or any other related work requested by an owner or authorized agent of an owner. "(h) Refunds. 111. 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 one year has elapsed after the date of issuance. "2. Refunds may be made in an amount equal to 1008 of the amount paid when a permit has been issued inadvertently outside the jurisdiction of the City or a duplicate permit has been issued, except that no refund shall be made if one year has elapsed after the date of such erroneous issuance. "3. No refund shall be made of feps collected in an amount of One and no/100ths ($1.00) Dollar or less. "4. The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. "The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment." 5. Section 8-2.05(a) is added as follows: "Section 8-2.05(a). Amendments: Section 305(g) Reinspections. "The fourth paragraph of Section 305(8) of said Building Code is hereby amended by deleting the words 'in accordance with Table No. 3-A.'" 6. Section 8-2.06 is amended as follows: "In the section title and in two places in the body of the text, revise 'Section 306' to read 'Section 307.'" 7. Section 8-2.07 is amended as follows: "In the section title and in two places in the body of the text, revise 'Section 307' to read 'Section 308.'" -4- 15 S. Section 8-2.08 is amended as follows: "Delete the existing Section 8-2.08 which refers to Section 1604 in its entirety." Add a new Section 8-2.08 to read as follows: "Section 8-2.08. Amendments: Section 1718: Restrictions in Brush -Covered Areas. "Section 1718 is hereby added to said Building Code to read as follows: "Section 1718. Restrictions in Brush -Covered Areas. "(a) Brush -Covered Land Defined. For the purposes Of this section, 'brush -covered land' shall mean: "1. An area with natural vegetation, such as brush or chaparral, trees, scrub oak, sumac, sage, buckwheat, greasewood, or similar noncultivated vegetative growth; and/or "2. An area with growth as set forth in subsection 1 of this subsection in combination with the annual growth of grass and weeds; and/or "3. Where brush -covered land, as defined in subsections 1 and 2 of this subsection, extends over an area of two (2) acres or more or has a horizontal distance of 400 feet or more. "(b) Structures in Brush -Covered Areas. Buildings or structures constructed or moved into brush -covered land on or after September 1, 1978, or which are located v'ithin 1000 feet of brush -covered land shall comply with the following requirements: "1. Roof Coverings. Roof coverings shall be as specified in Section 3203, except that all roofs shall be fire resistant or fire retardant. Wood shingles and shakes shall be pressure treated. The roofing shall be firestopped at the eave ends to preclude the entry of flames or embers under the roofing materials. 112. Protection of Openings. Openings into attics, floors, or other enclosed areas shall be covered with corrosion -resistant wire mesh not greater than one-fourth (i") inch in any dimension, except where such openings are equipped with sash or doors. 113. Alterations. Buildings and structures erected in brush -covered land to which additions, alterations, or repairs are made shall comply with the requirements of this section for new buildings or structures, except as specifically provided by Section 104." B. Title 8, Chapter 3, Dangerous Buildings Code of the San Juan Capistrano Municipal Code is amended as follows: 1. Section 8-3.01 is amended to read as follows: -5- CIM Section 8-3.01. Adoption of the Dangerous Buildings Code. "That certain Code known as the 'Uniform Code for the Abatement of Dangerous Buildings,' 1979 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 any amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Dangerous Buildings Code of the City." Title 8, Chapter 5, Grading Code of the San Juan Capistrano Municipal Code is amended as follows: Section 8-5.02 is amended to read as follows: "Section 8-5.02. Scope. "This chapter sets forth rules and regulations to control excavations, grading, and earthwork construction, including fills and embankments; establishes administrative procedures for the issuance of permits; and provides for the approval of plans and the inspection of grading construction in accordance with the requirements for grading and excavations as set forth in Chapter 70 of the Uniform Building Code, 1979 Edition, with extensive additional requirements and regulations deemed necessary to meet local conditions." , Section 8-5.05 is amended to read as follows: "Section 8-5.05. Permits: Applications. "The provisions of subsection (a) of Section 302 of the Uniform Building Code shall be applicable to grading, and, in addition, such applications shall state the estimated quantities of the work involved." Section 8-5.18(d) is amended to read as follows: "(d) Other inspections. The provisions of Section 305 of the Uniform Building Code shall apply to all grading work, and whenever the Building Official determines that the work does not comply with the terms of the permit or this chapter, or that the soil or other conditions are not as set forth in the permit, he may order the immediate cessation of all the work thereunder, and such work shall cease until such corrections shall be complied with." D. Title 8, Chapter 7, Housing Code of the San Juan Capistrano municipal Code is amended as follows: Section 8-7.01 is amended to read as follows: "Section 8-7.01. Adoption of the Uniform Housing Code. "For the purpose of prescribing regulations for the erection, construction, enlargement, alteration, repair, maintenance, moving, improving, removal, conversion, demolition, and occupancy of all buildings, or portions thereof, used, or designed or intended to be used, for human habitation, that certain Code known as the 'Uniform Housing Code,' 1979 Edition, published -6- 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, additions, and deletions set forth in this chapter, and said Code shall be known as the Housing Code of the City." Section 8-7.02 is amended to read as follows: "Section 8-7.02. Housing Authority. "The Division of Building and Safety of the City shall serve as the Housing Authority of the City." Section 8-7.04(a) is added to read as follows: Section 8-7.04(a). Amendments: Section 201: General. "Sections 201(a) and 201(b) of said Housing Code are hereby amended to read as follows: "Section 201. "(a) Authority. The Building Official is hereby authorized and directed to enforce all of the provisions of this Code and the Health Officer will also enforce those portions of the Code as apply to sanitation, maintenance, ventilation, use or occupancy. For such purposes, they shall have the powers of a law enforcement officer. "(b) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Building Official, the Health Officer or their authorized representatives have reasonable cause to believe that there exists in any building or upon any premises, any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official, the Health Officer or their authorized representatives may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official or Health Officer by this code, provided that if such building or premises be occupied, they shall first present proper credentials and request entry; and if such building or premises be unoccupied, they shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official, the Health Officer or their authorized representatives shall have recourse to every remedy provided by law to secure entry. "When the Building Official, the Health Officer or their authorized representatives shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official, Health Officer or their authorized representatives for the purpose of inspection and examination pursuant to this code." -7- IM �:' ;�; E. Title 8, Chapter 8, Mechanical Code of the San Juan Capistrano Municipal Code is amended as follows: 1. Section 8-8.01 is amended to read as follows: Section 8-8.01. Adoption of the Uniform Mechanical Code. "That certain Code known as the 'Uniform Mechanical Code,' 1979 Edition, published by the International Conference of Building Officials, including the Appendices thereto and the Uniform Building Code Standards set forth therein, 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 Mechanical Code of the City." F. Title 8, Chapter 9, Plumbing Code of the San Juan Capistrano Municipal Code is amended as follows: 1. Section 8-9.01 is amended to read as follows: "Section 8-9.01. Adoption of the Uniform Plumbing Code. "For the purpose of prescribing regulations for the protection of the public health and ,Safety and establishing minimum regulations for the installation, alteration, or repair of plumbing and drainage systems and the inspection thereof, that certain Code known as the 'Uniform Plumbing Code', 1979 Edition, published by the International Association of Plumbing and Mechanical Officials, including Appendices A, B, C, D, and I thereto, and the Installation Standards 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 Plumbing Code of the City." 2. Section 8-9.03 is amended to read as follows: "Section 8-9.03. Administrative Authority. "Whenever the term 'Administrative Authority' is used in this chapter and said Plumbing Code, it shall mean the Building Official of the City. "Unless otherwise provided for by law, the office of the Administrative Authority shall be that of The Division of Building and Safety of the City." 3. Section 8-9.09 is amended to read as follows: "Section 8-9.09. Permits: Applications. "Any person legally entitled to apply for and receive a permit shall make application therefor as provided in Section 302 of the Uniform Building Code." �J 4. Section 8-9.10 is amended to read as follows: "Section 8-9.10. Permits: Issuance. "Issuance, validity, expiration and suspension or revocation of plumbing permits shall be as provided in Section 303 of the Uniform Building Code." 5. Section 8-9.11 is amended to read as follows: "Section 8-9.11. Inspections. "All plumbing and drainage systems shall be inspected as provided in Section 305 0£ the Uniform Building Code." 6. Section 8-9.16 is amended to read as follows: "Section 8-9.16. Amendments: Section 1004: Materials. "Section 1004 of said Plumbing Code is hereby amended to read as follows: "Section 1004. Materials. "(a) Water pipe and fittings shall be of brass, copper, cast iron, lead, or other approved materials. Asbestos -cement, PE or PVC water pipe manufactured to recognized standards may be used for cold water distribution systems outside a building. All materials used in the water supply system, except valves and similar devices, shall be of the same material, except where otherwise approved by the Building Official. "(b) Piping, tubing and fittings which have previously been used for any purpose shall not be reinstalled without prior approval of the Building Official. "(c) Galvanized malleable iron, galvanized wrought iron, and galvanized steel shall be prohibited materials without prior approval of the Building Official. "(d) Plastic pipe and fittings may not be used in a water supply system inside a building unless both of the following conditions have been met: 111. The pipe and/or fittings have been tested and approved for the intended use by a recognized testing agency acceptable to the Building Official, and 112. Prior specific approval shall have been obtained from the Building Official for the use of said plastic pipe and/or fittings for the intended application. "(e) Plastic pipe and/or fittings shall not be used in Commercial or Industrial waste water and vent systems without the prior approval of the Building Official for the intended application." G. Title 8, Chapter 10, Swimming Pool Code of the San Juan Capistrano Municipal Code is amended as follows: 1, section 8-10.01 is amended to read as follows: 0 s "Section 8-10.01. Adoption of the Uniform Swimming Pool Code. "That certain Code known as the 'Uniform Swimming Pool Code,' 1979 Edition, published by the International Association of Plumbing and Mechanical 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 any amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Swimming Pool Code of the City." 2. Section 8-10.03 is added to read as follows: "Section 8-10.03. Amendments: Part I: Administration. "Part I of said Swimming Pool Code is hereby deleted in its entirety." 3. Section 8-10.04 is added to read as follows: "Section 8-10.04. Administrative Authority. "Whenever the term 'Administrative Authority' is used in this chapter and in said Swimming Pool Code, it shall mean the Building Official of the City. "Unless otherwise provided for by law, the office of the Administrative Authority shall be that of The Division of Building and Safety of the City." 4. Section 8-10.05 is added to read as follows: "Section B-10.05. Permits: Applications. "Any person legally entitled to apply for and receive a permit shall make application therefor as provided in Section 302 of the Uniform Building Code." 5. Section 8-10.06 is added to read as follows: "Section 8-10.06. Permits: Issuance. "Issuance, validity, expiration and suspension or revocation of swimming pool permits shall be as provided in Section 303 of the Uniform Building Code" 6. Section 8-10.07 is added to read as follows: "Section 8-10.07. Inspections. "All swimming pools and the systems appertaining thereto shall be inspected as provided in Section 305 of the Uniform Building Code." 7. Section 8-10.08 is added to read as follows: "Section 8-10.08. Fences and Gates. "All swimming pools shall be enclosed by a permanent, non -climbable fence having a height of not less than five (5) feet measured at any point on the outside of the fence. -10- DW "All gates installed in the swimming pool fencing shall be at least five (5) feet high and shall be non -climbable, 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 filling the swimming pool." 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 1976 Edition of the Uniform Building Codes which were in effect at the time the permit was issued. SECTION 4 Effective Date. This is an Urgency Ordinance to preserve the health, safety and welfare of the City of San Juan Capistrano and the inhabitants thereof, and shall, accordingly, become effective upon its passage. This determination of urgency is necessary in order to comply with adoption deadlines mandated by the State of California and with the provisions of the "State Housing Law", Health and Safety Code, Section 17910 et seq. 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 in the duly designated posting places within with City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this 10th day of December 1 1980 , by the following vote, to wit: AYES: Councilmen Friess, Schwartze, Bland Buchheim and Mayor Hausdorfer NOES: None STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 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. 414 , adopted by the City Council of the City of San Juan Capistrano, California, at an adjourned regular meeting thereof held on the 10th day of December 1980 _? -ice (// ��'�� (SEAL) MARY N/NHANOVER, CITY CLERK man