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
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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.
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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.
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(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.
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(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.
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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.
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(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.
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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
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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.
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(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.
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(£) 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-.
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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
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