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Ordinance Number 371ORDINANCE NO. 371 UNIFORM PLUMBING CODE, 1976 EDITION AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING THE 1973 EDITION OF THE UNIFORM PLUMBING CODE AND ADOPTING BY REFERENCE THE 1976 EDITION OF THE UNIFORM PLUMBING CODE, INCLUDING APPENDICES, AND ADOPTING MODIFICATIONS AND AMENDMENTS THERETO AND ADOPTING THE 1976 UNIFORM SWIMMING POOL CODE WITH CERTAIN EXCEPTIONS, AND REPEALING ORDINANCE NO. 269 THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Sections. ARTICLE 1. 1. Adoption of the Uniform Plumbing Code, 1976 Edition, and Amendments Thereto. 2. Reference to Uniform Plumbing Code. 3. Application and Scope. 4. Administrative Authority. 5. Duties of Administrative Authority. 6. Right of Entry. 7. Dangerous and Insanitary Construction or Condition. S. Validity and Length of Permit. 9. Violations and Penalties. 10. Permit Required. 11. Work not Requiring Permit. 12. Application for Permit. 13. All Work to be Inspected. 14. Notification. 15. Cost of Permit. 16. Section 1004 - Materials Amended. 17. Section 1008 - Installation, Inspection and Testing Amended. 18. Chapter 10 - Section 1010 Added. 19. Section 1101 - Sewer Required Amended. 20. Section 1309 - Prohibited Locations of the Uniform Plumbing Code. 21. Appendix "J" Added. ARTICLE 2. 1. Adoption of the Uniform Swimming Pool Code, 1976 Edition Repeal. Effective Date. Clerk's Certification. ARTICLE 1. SECTION 1. Adoption of the Uniform Plumbing Code, u 1976 Edition, and Amendments Thereto. There is hereby adopted by the City Council of the City of San Juan Capistrano, 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, 1976 Edition, published by the International Association of Plumbing and -1- Mechanical Officials, including Appendices A, B, C, D, H and I only, and the whole thereof, save and except Part 1, Administration, and such portions as are hereinafter deleted, modified, or amended, of which Code not less than three (3) copies are on file in the Office of the City Clerk. The said Code is adopted and incorporated as fully as if set forth at length herein and, subject to all amendments set forth in this article, shall be in effect within the City of San Juan Capistrano from the effective date of this Ordinance. n SECTION 2. Reference to Uniform Plumbing Code. This Article shall be known as the Uniform Plumbing Code, may be cited as such, and will be referred to in this Article as 'this Code.' SECTION 3. Application and Scope. The provisions of this Code shall apply to all new construction, relocated buildings, and to any alterations, repairs, or reconstruction, except as provided for otherwise in this Code. Minor and unimportant work may be exempt by the Building Official. SECTION 4. Administrative Authority. Whenever the term "Administrative Authority" is used in this Code, it shall mean the Building Official of the City of San Juan Capistrano. Whenever the terms "Building Official" or "assistants" are used in.this Code, it shall be construed to mean the Director of Public Works or his authorized designees. Unless otherwise provided for by law, the office of the Administrative Authority shall be that of the Building Official of the City of San Juan Capistrano. SECTION 5. Duties of Administrative Authority. The Building Official shall maintain public office hours necessary to efficiently administer the provisions of this Code and amendments thereto and shall perform the following duties: (a) Require the submission of, examine and check plans and specifications, drawings, descriptions, and/or diagrams necessary to show clearly the character, kind, and extent of plumbing work covered by applications for a permit and upon approval thereof shall issue the permit applied for. (b) Collect all fees for permits issued as provided by this Code, issue receipts thereof in duplicate, and maintain the duplicate copy as a record of this office. (c) Administer and enforce the provisions of this Code in a manner consistent with the intent thereof and shall inspect all plumbing and drainage work authorized by any permit to assure compliance with provisions of this Code or amendments thereto, approving or condemning said work in whole or in part as conditions require. (d) Issue upon request a Certificate of Approval for any work approved by him. -2- (e) Condemn and reject all work done or being done or materials used or being used which do not in all respects comply with the provisions of this Code and amendments thereto. (£) Order changes in workmanship and/or materials essential to obtain compliance with all provisions of this Code. (g) Investigate any construction or work regulated by this Code and issue such notices and orders as provided in Section 7. (h) Keep a complete record of all the essential transactions of his office. (i) Transfer all fees collected by him to the proper authority provided by law to receive such funds. SECTION 6. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe as defined in Section 203 of the Uniform Building Code, 1976 Edition, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this Code; provided that if such building or premises be occupied, he shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building official or his authorized representative shall have recourse to every remedy provided by law to secure entry. SECTION 7. Dangerous ad Insanitary Construction or Conditionn. (a) Any portion of a plumbing system found by the Building Official to be insanitary as defined herein is hereby declared to be a nuisance. (b) Whenever brought to the attention of the agency or department having jurisdiction that any insanitary conditions exist, or that any construction or work regulated by this Code is dangerous, unsafe, insanitary, a nuisance or a menace to life, health, or property or otherwise in violation of this Code, the said agency or department may request an investigation by the Building Official who, upon determining such information to be fact, shall order any person, firm, or corporation using or maintaining any such condition or responsible for the use or maintenance thereof to discontinue the use or maintenance thereof or to repair, alter, change, remove or demolish same as he may consider necessary for the proper protection of life, health, or property; and, in the case of any gas piping or gas appliance may order any person, firm, or corporation supplying gas to such piping or appliance to discontinue supplying thereto until such piping or appliance is made safe to life, health, or property. -3- (c) Notice, hearing, procedure. Any construction or condition found to be insanitary, dangerous, damaged, unsafe, a nuisance, or a menace to life, health, or property or otherwise in violation of this Code shall be reported, and the Building Official, upon a determination of such condition, shall give notice to the owner,, authorized representative, or other responsible person in accordance with the provisions of State Law. n SECTION 8. Validity and Length of Permit. (a) Validity. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as that part of the work or use which it authorizes is lawful. The issuance or granting of a permit or approval of plans shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this Code or of any other ordinance or from revoking any Certificate of Approval when issued in error. (b) Expiration. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within one hundred twenty (120) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty (120) days (except as provided in Section 320(d) of the Uniform Building Code as amended by the City of San Juan Capistrano). Before such work can be recommenced, a new permit shall be first obtained so to do, and the fee therefor shall be onehalf the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one year. (c) Change o£ Contractor or of Ownership. A permit issued hereunder shall expire upon a change of ownership or a change of contractor regarding the building or structure for which said permit was issued if the work thereon has not been completed, and a new permit shall be required for the completion of the work. If the provisions above are not applicable and if no changes have been made to the plans and specifications last submitted to the Building Official, no charge shall be made for the issuance of the new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the Building Official, a permit fee based upon the valuation of the work to be completed as provided for in Section 14 hereof shall be charged to the permit applicant. -4- (d) Suspension or Revocation. The Building Official may, in writing, suspend or revoke a permit issued under provisions of this Code whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of any ordinance or regulation of any of the provisions of this Code. SECTION 9. Violations and Pe It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. Any person, firm, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. SECTION 10. Permit Required. (a) No plumbing or drainage work shall be commenced in any building, structure, or in or about any premises until a permit to do such work has been first obtained from the Building Official. (b) A separate permit shall be obtained for each building or structure. SECTION 11. Work not Requiring Permit. No permit shall be required in the case of any repair work as follows: (a) For the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, when such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures. (b) For the stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any trap, drainpipe, soil, waste or vent pipe be or become defective and it becomes necessary to_ - remove and replace the same shall be considered as such new work and a permit shall be procured and inspection made as herein provided. SECTION 12. Application for Permit. Any person legally entitled to apply for and receive a permit shall make such application on forms provided for that purpose. He shall give a description of the character of the work proposed to be done, and the location, ownership, occupancy and use of the premises in construction therewith. The Building Official may require plans, specifications, or drawings and such other information as may be deemed necessary. If the Building Official determines that the plans, specifications, drawings, descriptions, or information furnished by the applicant is in compliance with this Code, he shall issue the permit upon payment of the required fee as set forth by ordinance. -5- 224 SECTION 13. All Work to be Inspected. All plumbing and drainage systems shall be inspected by the Building Official to insure compliance with all the requirements of this Code. SECTION 14. Notification. It shall be the duty of the person doing the work authorized by the permit to notify the Building,Official orally or in writing that said work is ready for inspection. Such notification shall be given not less than twenty-four (24) hours before the work is to be inspected. It shall be the duty of the person doing the work authorized by the permit to make sure that the work will stand the tests prescribed elsewhere in this Code before giving the above notification. SECTION 15. Cost of Permit. (a) Permit Fee. Every applicant for a permit to install, add to, alter, relocate or replace a plumbing or drainage system or part thereof shall state in writing on the application form provided for that purpose the character of work proposed to be done and the amount and kind in connection therewith, together with such information pertinent thereto as may be required. Such applicant shall pay a fee for each permit issued at the time of issuance in accordance with that set forth by ordinance of the City Council and at the rate provided for each classification shown therein. Any person who shall commence any plumbing work for which a permit is required by this Code without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by this section for such work, provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so and, if there be an unreasonable delay in obtaining such permit, a double fee as herein providedshallbe charged. For the purpose of this section, a sanitary plumbing ole or appliance may be set or attached shall be construed to be a fixture. Fees for reconnection and retest of existing plumbing systems in relocated buildings shall be based on the number of plumbing fixtures, gas systems, water heaters, or other appliances involved. When a permit has been obtained to connect an existing building or existing work to the public sewer or to connect to a new private disposal facility, backfilling of private sewage disposal facilities abandoned consequent to such connection is included in the building sewer permit. (b) Plan Check Fee. A plan checking fee as established by the City Council, shall be paid when plans are required by Section 12 at the time of submittal of such plans. (c) Special Investigation Fee. A special investigation may be required before a permit will be issued for such work which has been started without first obtaining a necessary permit. In addition to the double permit fee, the said investigation fee which may be collected is as estabished by ordinance of the City Council. No permit shall be issued when an investigation fee is due until such fee has been paid. The payment of the investigation fee shall not exempt any person from compliance with the provisions of this Code nor from any penalty prescribed by law. The provisions for an investigative fee shall not apply to emergency work when it shall be proved to the satisfaction of the Building Official that such work was urgently required and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so. (d) Reinspection Fee. When any reinspection is required due to the failure of the permit holder, his agent, or other responsible persons to comply with previous correction instructions, a fee as established by ordinance may be charged by the Building Official for each such reinspection. This fee shall be paid before any further inspections are made. (e) Refunds. The Building Official shall make no refunds on fees collected amounting to one dollar ($1) or less, or on any plan checking fee. In any case where work designated in the permit has not commenced, or where one year has not elapsed from its date of issuance, a refund may be made in the amount equal to eighty-five percent (85%) 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 that a duplication of permits has been made and two fees have been collected for the same job, in which case one hundred percent (1008) may be refunded; provided that no refund of any fee or portion thereof shall be made in either of the following cases: (1) After one year has elapsed from the date of the issuance of permit; or i(2) If the work designated in the permit has been commenced. SECTION 16. Section 1004 - Materials Amended. Section 1004 of said Uniform Plumbing Code is hereby amended to read as follows: (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 -7- 226 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 a like material, except where otherwise approved by the Building Official. (b) Piping and tubing which has previously been used for any purpose other than for potable water systems shall not be used. n (c) Prohibited Materials: Galvanized malleable iron, galvanized wrought iron, or galvanized steel are prohibited materials. SECTION 17. Section 1008 - Installation, Inspection and Testing Amended. Section 1008 of said Uniform Plumbing Code is hereby amended to read as follows: (a) Installation. All water piping shall be adequately supported to the satisfaction of the Building Official. Burred ends shall be reamed to the full bore of the pipe. Changes in direction shall be made by the appropriate use of fittings, except that changes in direction in copper tubing may be made with bends having a radius of not less than six (6) diameters of the tubing, providing that such bends are made by the use of forming equipment which does not deform or create a loss in cross sectional area of the tubing. Approved provisions shall be made for expansion in hot water piping. All piping, equipment, appurtenances and devices shall be installed in a workmanlike manner in conformity with the provisions and intent of the Code. (b) Water service pipes or any underground water pipes, shall not be run or laid in the same trench with building sewer or sewage piping constructed of materials which are not approved within a building unless both of the following conditions are met: (1) The bottom of the water pipe, at all points, shall be at least twelve (12) inches above the top of the sewer line. (2) The water pipe shall be placed on a solid shelf excavated at one side of the common trench. (c) Water piping installed within a building and in or under a concrete floor slab resting on the ground shall be installed in accordance with the following requirements: (1) Ferrous piping shall be prohibited. (2) Copper tubing shall be installed without joints where possible. Where joints are permitted, they shall be brazed and fittings shall be wrought copper. -8- (d) Inspection. No water supply system or portion thereof shall be covered or concealed until it first has been tested, inspected, and approved. (e) Testing. Before such approval, both hot and cold water piping shall be subjected to a full working water pressure test from the street main or other source of supply, or to an air pressure of not less than fifty (50) pounds per square inch for not less than fifteen (15) minutes. Piping must not leak when subjected to test. SECTION 18. Chapter 10 - Section 1010 added. Section 1010 is hereby added to said Uniform Plumbing Code to read as follows: All faucets shall be flow -control types designed to limit maximum flow to two gallons per minute per valve or four gallons per minute on single control faucets. The Building Official may waive these requirements where he finds them impracticable. SECTION 19. Section 1101 - Sewer Required Amended. Section 1101 of said Uniform Plumbing Code is hereby amended to read as follows: (a) Every building in which plumbing fixtures are installed, and every premise having drainage piping thereon, shall have a connection to a public or private sewer, except as provided in Section 320 and in subsections (b) and (d) of this section. (b) When no public sewer, intended to serve any lot or premises, is available in any thoroughfare or right-of-way abutting such lot or premises, drainage piping from any building or works shall be connected to an approved private sewage disposal system. (c) Within the limits prescribed by subsection (d) hereof, the rearrangement or subdivision into smaller parcels of a lot which abuts and is served by a public sewer shall not be deemed cause to permit the construction of a private sewage disposal system, and all plumbing or drainage systems on any such smaller parcel or parcels shall connect to the public sewer. (d) The public sewer may be considered as not being available when such public sewer or any building or any exterior drainage facility connected thereto is located more than two hundred (200) feet from any proposed building or exterior drainage facility on any lot or premises which abuts and is served by such public sewer. (e) No permit shall be issued for the installation, alteration, or repair or any private sewage disposal system or part thereof, on any lot for which a connection with a public sewer is available. -9- 228 (£) On every lot or premises hereafter connected to a public sewer, 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 may, when no hazard, nuisance, or insanitary condition is evidenced and written permission has been obtained from the Administrative Authority, 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) Whenever it is determined by the Building Official that under existing conditions the provisions of Chapter II titled "Building Sewers and Private Sewage Disposal Systems" of this Code are not adequate to properly govern the installation of a sewer collection system, in that such an installation would not secure the results sought to be obtained by this Code in protecting health and safety and providing for the disposal of sewage, such systems shall be installed in accordance with Division 4, Sanitary Sewer Collection Systems, of this Title. SECTION 20. Section 1309 - Prohibited Locations of the Uniform Plumbing Code. Section 1309 of said Plumbing Code is hereby amended to read as follows: No water heater which -depends on the combustion of fuel for heat shall be installed in any room used or designed to be used for sleeping purposes, bathroom, clothes closet, or in any closet or other confined space opening into any bath or bedroom. No water heater shall be located more than 25 feet from the most remotely located hot water supplied plumbing fixture. The 25 -foot dimension shall be measured along the developed length of the piping serving the plumbing fixture. EXCEPTION: The above 25 -foot limitation shall not apply to water heaters equipped with a mechanical or other approved recirculating system, wherein no section of hot water piping supplying a plumbing fixture exceeds 25 feet without being incorporated into the recirculating system. SECTION 21. Appendix "J" Added. Appendix "J" is hereby added to the Uniform Plumbing Code, 1976 Edition, to read as follows: APPENDIX J AUTOMATIC FIRE -EXTINGUISHING SYSTEMS Automatic fire -extinguishing systems shall be required as provided in Chapter 38 of the Uniform Building Code as adopted by the City of San Juan Capistrano. Permit and plan check fees related to fire -extinguishing systems shall be as established by ordinance of the City Council-. d[1L ARTICLE 2. SECTION 1. Adoption of the Uniform Swimming Pool Code, 1976 Edition. There is hereby adopted by the City Council of the City of San Juan Capistrano, the Uniform Swimming Pool Code, 1976 Edition, published by the International Association of Plumbing and Mechanical Officials, of which Code not less than three (3) copies are on file with the Clerk of the City Council, and the same are hereby adopted and incorporated as fully as if set forth at length herein. The fee schedules of charges for swimming pools shall be as established by ordinance of the City Council of the City of San Juan Capistrano. REPEAL. All those provisions of Ordinance No. 269, save and except the amended fee schedule adopted by Ordinance No. 359, be and are hereby repealed. EFFECTIVE DATE. This Ordinance shall take effect and be in force 30 days after its passage. 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 15 days after its passage. PASSED, APPROVED AND ADOPTED this 2nd day of August 1 1978 , by the following vote, to wit: AYES: Councilmen Hausdorfer, Thorpe and Buchheim NOES: None ABSENT: None ABSTAIN: Counc' an Schwartze an Mories.s.KE NETH E. FRIESS, MAYORr ATTEST: I Y CLE7 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. 371 , which was introduced at ai,meeting of the City Council of the City of San Juan Capistrano, California, held on July 19 1978, and adopted at a meeting held on August 2 1 1978• (SEAL) MARY ANy HANOVER, CITY CLERK -11-