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Ordinance Number 467ORDINANCE NO. 467 AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE (NATIONAL ELECTRICAL CODE AND BUILDING REGULATIONS) AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CERTAIN SECTIONS OF TITLE 8 OF THE MUNICIPAL CODE SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE NATIONAL ELECTRICAL CODE, 1981 EDITION, AND ADOPTING THE NATIONAL ELECTRICAL CODE, 1981 EDITION, TOGETHER WITH CERTAIN AMENDMENTS THERETO, AND DELETING THE 1978 EDITION OF THIS SAME NATIONAL ELECTRICAL CODE, AND ADOPTING CERTAIN ADDITIONS AND AMENDMENTS TO THE MUNICIPAL BUILDING REGULATIONS SECTION 1. Findings. rm MO -M WHEREAS, Health and Safety Code Section 17958.5 provides that a City governing body may, upon express findings of the necessity, make such changes or modifications to the National Electrical Code as are reasonably necessary because of certain local conditions; and, WHEREAS, the Supervisor of the Division of Building and Safety of the City of San Juan Capistrano has recommended that the National Electrical Code, 1981 Edition, be adopted by the City with certain modifications and amendments which are required by local conditions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano finds and determines that certain modifications to the National Electrical Code, 1981 Edition, recommended by the Supervisor of Building and Safety are necessary and required by the existence of one or more of the following local conditions: 1. Maintenance of consistency with other City Historical, Land Use and Preservation Codes and requirements. 2. Compliance with other existing local Codes and Ordinances. 3. Establishment of consistent penalty standards. 4. Local soil, terrain, conditions affecting and inspections. weather, wind and other design, permits, plan checks 5. Existence of extensive local hillside building lot preparation and construction, by local highly expansive and other soil conditions and by other local requirements to control slope erosion, failure and slippage. -1- 6. Local conditions which necessitate uniformity of organization and enforcement procedures. 7. Local soil, climatic and environmental conditions to protect and preserve the public health and safety. SECTION 2. Additions and Amendments. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, IN ACCORDANCE WITH THE FINDINGS SET FORTH IN SECTION 1, DOES HEREBY ORDAIN AS FOLLOWS: A. Title 8, Chapter 4, Building Code of the San Juan Capistrano Municipal Code is amended as follows: 1. Section 8-4.01 is amended to read as follows: "Section 8-4.01. Adoption of the National Electrical Code. "That certain Code known as the 'National Electrical Code,' 1981 Edition, published by the National Fire Protection Association, three (3) copies of which are on file in the City Clerk's Department for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said Code shall be known as the Electrical Code of the City." 2. Section 8-4.03 is amended to read as follows: "Section 8-4.03. Amendments: Section 90-9: Responsibilities. "Section 90-9 is hereby added to said Electrical Code to read as follows: "Section 90-9. Responsibilities. "(a) This Code shall not be construed to relieve from or lessen the responsibility of any party owning, operating, controlling, or installing any electric wiring, electric device, or electric material for damages to persons or property caused by any defect therein, nor shall the jurisdiction be held as assuming any such liability by reason of the inspections authorized by this Code or the certificates of inspection issued as provided in this Code. -2- 93 "(b) The Building official is hereby authorized to determine the intent and meaning of any provision of this Code. "(c) It shall be unlawful for any person, firm, or corporation, either as owner, architect, contractor, artisan, or otherwise, to do, or knowingly to cause or permit to be done, any electrical wiring as defined in this Code in such a manner that such wiring shall not conform to all of the provisions of this Code." 3. Section 8-4.04, Subsection 91-8, (a) and (b), is amended to read as follows: "Section 8-4.04. Amendments: Article 91: Permits, Fees, and Inspections. "Section 91-8. Permits: Expiration. "Every permit shall expire and become null and void for either or both of the following reasons: "(a) Whenever the electric wiring authorized by a permit is not commenced within one hundred eighty (180) days after the date of the issuance of such permit; or "(b) Whenever the electric wiring authorized by a permit has been suspended, abandoned, or discontinued for a continuous period of one hundred eighty (180) days." 4. Section 8-4.05, Subsection 92-5, is amended to read as follows: "Section '8-4.05. Amendments: Article 92: Installation Standards. "Section 92-5 Occupancy Group Classifications for Various Buildings and Structures. "All structures shall be classified as set forth in the Uniform Building Code of the edition adopted by the City and in effect at the time of classification." 5. Section 8-4.09 is amended to read as follows: "Section 8-4.09. Amendments: Section 210-52. Dwelling Unit Receptacle Outlets. -3- 94 "(a) Subsection (f) of Section 210-52 is hereby amended to read as follow: "(f) Basements and Garages. For a one - family dwelling at least one receptacle outlet in addition to any provided for laundry equipment shall be installed in each basement and in each attached or detached garage or carport. See Section 210-8(a)(2)." "(b) Subsection (g) of Section 210-52 is .hereby added to read as follows: "(g) Minimum wire size. For the supply of current to general appliance and convenience receptacle circuits, no conductor smaller than No. 12 AWG shall be installed. No convenience receptacle or appliance receptacle shall be installed or operated on a general lighting branch circuit at any time. "EXCEPTION: A convenience receptacle may be on a lighting circuit if used as a switched lighting outlet." 6. Section 8-4.10 is amended to read as follows: "Section 8-4.10. Amendments: Section 210-70. Lighting Outlets Required. "Section 210-70 of said Electrical Code is hereby amended to read as follows: "Section 210-70. Lighting Outlets Required. "(a) Each single-family dwelling and each occupancy of a multi -family dwelling shall have not less than one general lighting branch circuit with a maximum of twelve (12) lighting outlets per circuit installed. The minimum wire size shall be No. 14 AWG. "(b) In all occupancies, every room shall have at least one switched general lighting outlet. Living rooms, bedrooms, family rooms, and dens may be excepted provided at least one switched wall receptacle is installed of the 'split plug' variety and supplied by a lighting branch circuit and a convenience outlet circuit. 9.N "(c) Entrance doorways providing access to the premises from the exterior shall be provided with exterior illumination suitably located. The illuminating source shall be controlled by an interior switch conveniently located near the doorway. A vehicle door in an attached garage is not considered as an butdoor entrance. "(d) All interior and exterior stairways and hallways shall be equipped with adequate lighting to insure safety. Such lighting shall have three-way switches installed at the head and foot of each stairway, unless lighting is controlled by time clocks. "(e) At least one lighting outlet shall be installed in an attic, underfloor space, utility area, or basement used for storage or containing equipment requiring servicing. "(f) At least one wall switch -controlled lighting outlet shall be installed in each attached or detached garage and carport. "(g) At least one wall switch -controlled lighting outlet or wall switch -controlled receptacle shall be installed in guest rooms in hotels, motels, or similar occupancies." 7. Section 8-4.17 is added to read as follows: "Section 8-4.17. Amendments: Section 230-84: Service Equipment - Disconnecting Means. "Subsection (c) of Section 230-84 is hereby added to said Electrical Code to read as follows: "Section 230-84. More Than One Building Or Other Structure. "(c) Distribution Panel Disconnect Location. A suitable disconnecting device shall be provided in all commercial and industrial installations for each distribution panel located remotely from the main disconnect. This disconnecting device shall be located in and be accessible to the tenants or occupants of each separate suite or area, and shall enable the entire distribution panel to be deactivated without leaving the area." -5- 96 B. Title 8, Chapter 2, Building Code of the San Juan Capistrano Municipal Code is amended as follows: 1. Section 8-2.09 is added to read as follows: "Section 8-2.09 Amendments: Section 1719: Wood Roof Coverinqs. "Section 1719 is hereby added to said Building Code to read as follows: "Section 1719. Wood Roof Coverings. "(a) Section 3203 of said Building Code is hereby amended as follows: 11(1) Wood shingles and wood shakes, when permitted by this Chapter 32, shall, in all cases, be pressure treated with an approved fire retardant acceptable to the Building Official. "(b) Wood shingles and wood shakes, when used for residential roofing, both new construction and re -roofing, shall be pressure treated as in (a), above, and the completed roof shall conform to at least Class C requirements. "(c) Wood shingles and wood shakes, when used for commercial or industrial roofing, both new construction and re -roofing, shall be pressure treated as in (a) above, and the completed roof shall conform to at least Class B requirements. "(d) The provisions of this Section shall apply to all building wood roof coverings within the City limits of San Juan Capistrano unless specifically exempted by the Building Official." 2. Section 8-2.10 is added to read as follows: "Section 8-2.10. Amendments: Section 1720: Roof Coverings - General. "Section 1720 is hereby added to said Building Code to read as follows: "Section 1720. Roof Coverings - General. "(a) Roof coverings shall be as specified in Section 3203, as amended, except that all roofs shall be fire resistant or fire retardant. -6- M "(b) All residential roofing, both new construction and re -roofing, shall conform to at least Class C requirements. "(c) All commercial and industrial roofing, both new construction and re -roofing, shall conform to at least Class B requirements. "(d) Minor repairs and/or re -roofing not exceeding ten (10) percent of total roof area, may, with the prior approval of the Building Official, and not withstanding other provisions of this Code, be made using in-kind materials of the remainder of the roof. "(e) When re -roofing exceeds ten (10) percent but is less than fifty (50) percent of total roof area, the re -roofed portion shall comply with the provisions of this Code. When re -roofing exceeds fifty (50) percent of total roof area, the entire roof shall be upgraded to comply with the provisions of this Code." 3. Section 8-2.11 is added to read as follows: "Section 8-2.11. Amendments: Section 1721: Solar Water Heating Installations. "Section 1721 is hereby added to said Building Code to read as follows: "Section 1721. Solar Water Heating Installations. "(a) Policy. It is the policy of the City of San Juan Capistrano to encourage and promote the use of solar energy systems for water heating purposes. "(b) Installation. All solar energy systems used for water heating purposes shall be installed in such a manner as to maximize heat absorption and to minimize adverse visual and aesthetic impacts. "(c) Requirements. In general, each installed system shall be custom designed for its intended installation and use. The design shall consider such factors as the following: "(1) The solar panel(s) shall generally face due south. -7- "(2) The solar panel($) have -an inclination of approximately 33 11(3) The panel(s) shall that they will not surrounding trees, buildings. shall generally from the horizontal degrees. be installed so be shaded by vegetation or 11(4) Consideration shall be given to protection of the solar panel(s) from the wind, in order to minimize heat loss due to convection. "(5) If a rack is required to provide proper installation of the solar panel, or panels, the materials and design of the rack shall be such as to harmonize with its surroundings, and shall be as unobtrusive as possible. 11(6) Color and reflectivity of the completed installation shall comply, to the greatest extent practicable, with the requirements of Title 9 of the Municipal Code. Care shall be taken to eliminate or minimize reflected glare which could adversely affect surrounding premises. "(7) The installation shall comply with plumbing and other requirements of this Code. "(d) Each installation shall be specifically approved by the Planning Department and Building Division prior to permit issuance and start of work." C. Title 8, Chapter 5, Grading Code of the San Juan Capistrano Municipal Code is amended as follows: 1. Section 8-5.07 is amended to read as follows: "Section 8-5.07. Permits: Terms: Extensions of Time. "(a) Terms. Every permit issued pursuant to the provisions of this chapter shall be valid as provided by Section 303 of the Uniform Building Code. "(b) Extensions of time. If the holder of a grading permit presents satisfactory reasons for his failure to complete the work during the period of the validity of the permit, the Building Official, upon an application of the permittee, may grant extensions of time deemed necessary by reason of such difficulties. No request for such extensions shall be considered later than the thirtieth (30th) day preceding the date on which such permit would otherwise expire. Only one such extension shall be permitted." 2. Section 8-5.09(d) is added to read as follows: "Section 8-5.09. Permits: Denial "(d) Winter grading. The Building Official may deny issuance of a grading permit for work to be done during the period of October 15th through April 15th in any case where he finds that the work as proposed by the applicant is liable to constitute a hazard to the public welfare, or endanger life or any private property, or result in the deposit of debris on any public way, or interfere with any existing drainage course. "If it can be shown to the satisfaction of the Building Official that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, or drainage devices or by other means, the Building Official may issue the permit with the conditions under which such work shall be performed. Section 8-5.12(b) is amended to read as follows: "Section 8-5.12. Earth Transportation. "(b) The loading and transportation of earth from or to the site shall be accomplished between 7:00 a.m. and 6:00 p.m. on Monday through Friday and between 8:30 a.m. and 12:30 p.m. on Saturdays. Saturday afternoon work -hours may be extended up to 4:30 p.m. only with the prior approval of the Building Official. Such approval shall be based upon consideration of haul route, noise and dust factors, proximity to residences and similar criteria. No earth loading or transportation shall be permitted on Sundays or on Federal Holidays." 100 D. Title 8, Chapter 10, Swimming Pool Code of the San Juan Capistrano Municipal Code is amended as follows: 1. Section 8-10.08 is amended to read as follows: "Section 8-10.08. Fences and Gates. "All swimming pools shall be enclosed by a permanent fence of a design satisfactory to the Building official having a height of not less than five (51) feet measured at any point on the outside of the fence. "All gates installed in the swimming pool fencing shall be at least five (5') feet high and shall be of the self-closing and self -latching type. "All swimming pool fencing and gates shall have been installed and satisfactorily inspected prior to filing the swimming pool." 2. Section 8-10.09 is added to read as follows: "Section 8-10.09. Covers. "All swimming pools shall be equipped with a cover which meets the following minimum requirements: "(a) Cover may be opaque or translucent. "(b) Cover shall have a minimum thickness of 4 mils (0.004 inch). "(c) Cover shall have been manufactured for and intended for use as a swimming pool cover. "(d) Cover shall have a minimum three-year guarantee. "(e) Cover shall be on the pool at the time of final inspection." E. Title 8, Chapter 1, Fees, of the San Juan Capistrano Municipal Code is amended as follows: 1. Article 4, Section 8-1.401, Mechanical Permits, is amended by adding a new fee schedule at the end of Section 8-1.401 which reads as follows: "For each free-standing metal fireplace installation . . . . . . . . . . . . .$10.00." -10- 2. Article 5, Section 8-1.501, Plumbing Permits, is amended by adding two new fee schedules at the end of Section 8-1.501 which read as follows: "For each solar hot water system. . . . .$12.50 "For each swimming pool solar heater system: Domestic . . . . . . . . . . . . . . $12.50 Commercial . . . . . . . . . . . . .$25.00" SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. The provisions of this Ordinance shall apply to all building activity for which permits are issued after the effective date hereof. Building activity for which permits were issued prior to the effective date hereof shall be completed and inspected under the provisions which were in effect at the time the permit was issued. Further, the City Clerk shall be and hereby is authorized and directed to forward, for filing, a copy of this Ordinance to the State Department of Housing and Community Development. SECTION 4. Citv Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted in the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this 3rd day of August 1982, by the following vote, to wit: AYES: Councilmen Friess, Bland, and Mayor Buchheim NOES: None .--ABSENT: Councilmen H sdorfer, S wartze NCE F. B HH MA OR ATTEST: CITY CLEW -11-