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HomeMy WebLinkAboutOrdinances_2194_CCv0001.pdf ORDINANCE NO. 2194 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDLANDS AMENDING CHAPTER 15. 04 OF TITLE 15 OF THE REDLANDS MUNICIPAL CODE RELATING TO THE ADOPTION OF THE UNIFORM ADMINISTRATIVE CODE, 1991 EDITION, THE UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, 1991 EDITION, AND THE UNIFORM BUILDING CODE, 1.991 EDITION WHEREAS, Health and Safety Code Section 18941. 5 and Government Code Section 50022 . 2 empower the City to adopt by reference various uniform building codes and other codes, including the Uniform Administrative Code, Uniform Housing Code, Uniform Code for Abatement of Dangerous Buildings and the Uniform Building Code; and WHEREAS, Health and Safety Code Section 18941. 5 authorizes the City to make amendments to said uniform building codes on the basis of local climatic, geological, or topographical condition; and WHEREAS, the City Council is informed and finds that the area in which the City is located receives relatively low amounts of precipitation, experiences low humidity levels and high temperatures all of which are conducive to the spread of fire; and WHEREAS, the City Council is informed and finds that the area in which the City is located is subjected to extremely strong winds, commonly referred to as Santa Ana winds, which reach speeds of 80 miles per hour in the City and results in extensive damage and is also conducive to the spread of fire; and WHEREAS, the City Council is informed and finds that within the City four earthquake faults are present and three other faults are immediately adjacent creating the potential for catastrophic damage and fire hazards; and WHEREAS, the City Council is informed and finds that because the City is subject to the above referenced climatic, geological and topographical conditions that amendments to the Uniform Building Code, 1991 Edition, are necessary to protect life and property, and that such amendments are to deal with the following issues: (1) Appeals, (2) Permits and Inspection, (3) Framing Inspection, (4) Roofing and Roof Inspection, (5) Occupancy Certificates, (6) Fire Retardency, (7) Automatic Fire Extinguishing Systems, (8) Street use, (9) Awnings, and (10) Smoke Detectors, NOW, THEREFORE, the City Council of the City of Redlands does ordain as follows: Section 1: Chapter 15. 04 of Title 15 of the Redlands Municipal Code is hereby amended to read as follows: Chapter 15. 04 "UNIFORM BUILDING CODE Sections: 15.04. 010 Documents adopted by reference - Copies on File. 15.04. 020 UBC Section 204 amended - Board of Appeals. 15. 04. 030 UBC Chapter 3 sections amended -- Permits and inspections. 15.04 .040 UBC Section 1101 amended -- Group M Occupancies. 5. 4 . 05 UBC Section 1807 (a) amended -- Sprinkler systems. 15. 4. 060 UBC Chapter 32 sections amended -- Roof construction. 15. 04 . 70 UBC Chapter 38 sections amended -- Fire Extinguishing systems. 15.04. 080 UBC Section 4402 amended Temporary use of streets and alleys. 15. 04.090 UBC Section 4506 amended Awnings. 15.04 .100 UBC Appendix Chapter 1 amended -- Section 115 Smoke detectors. 15. 04. 110 Violation -- Penalty. That certain documentation, at least one copy of which is on file in the Office of the City Clerk of the City, and is marked and designated as the "Uniform Administrative Code, 1991 Edition," "Uniform Housing Code, 1991 Editionill the "Uniform Code for Abatement of Dangerous Buildings, 1991 Edition" and the "Uniform Building Code, 1991 Edition, " including Chapters 2, 3, 11, 18, 32, 38, 44 and 45 (as amended) of the Uniform Building Code, and the Uniform Building Code Appendix Chapters 1, 32, 35, 38, 49, 51, 57 and 70 are adopted as the Building Code of the City and all of the regulations, provisions, conditions and terms of such Uniform Codes and amendments are referred to and are adopted and made part of the ordinance codified in this Chapter. 15.04.020 UBC Section 204 Amended -- Board of Appeals. Uniform Building Code Chapter 2, organization and Enforcement, is amended by revising Section 204, Board of Appeals, to read as follows: Section 204. Board of Appeals. There shall be and is hereby created and established a Board of Appeals consisting of not less than five members who are qualified by experience and training to pass upon matters pertaining to building construction. (a) Membership and organization. Thea members shall be appointed by the Mayor subject to the approval of the City Council. Terms of office will be for five (5) years with terms staggered so that one member's term expires each year. Any member 'may be removed by the Mayor with the approval of the City Council. The board will elect a chairman and other officers they may deem necessary, except the secretary who shall be the Building Official as defined in this Building Code. The Community Development Administrator and the Fire Chief of the City of Redlands shall serve in an advisory capacity when requested to do so. Board members will disqualify themselves and will not sit on the Board in any case in which they have an interest. (b) Tasks of the Board of Appeals. The Board of Appeals shall provide reasonable interpretations of the Building Code, determine the suitability of alternate construction materials and kinds of construction, and recommend to the City Council new legislation when conditions so require it. (c) Procedures. All requests for use of alternate materials and kinds of construction and appeals from actions and directions served on the Building Official shall at once be transferred to the Board of Appeals. After notice to such parties as the Board may, by majority vote, approve or deny requests for alternate materials or construction, and affirm, annul or modify the action and/or direction of the Building Official. This will be done in writing to the Building official with a copy to the appellant and may recommend to the City Council such action as is consistent therewith. If the appellant disagrees with the findings of the< Appeals Board, he may appeal the decision to the City Council. Such appeal shall be filed with the Building Official within thirty (30) days of the decision by the Board of Appeals. (d) Limitations of Authority. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this Code nor shall the Board be empowered to waive requirements of this Code. 15.04. 030 UBC Chapter 3 Sections amended -- Permits and Inspections. Certain Sections and Subsections of the Uniform Building Code Chapter 3, Permits and Inspections, are amended by revising section 301(b) , Exempted work; by revising section 303 (4) , Expirations; by adding a new paragraph 303 (f) , Demolition; by adding a paragraph 304 (g) , Special Inspection Fee, to Section 304 ; by amending Section 305(e) -3, Frame Inspection by adding a new paragraph 305 (h) , Roofing Inspection, by amending Section 307 (d) , Temporary Certificate, by adding a new paragraph 307 (g) , Certificate of Occupancy; and by adding a new Section 308, approvals for Utility Connections as follows: SECTION 301 (b) (1) One-story detached accessory buildings used as tool and/or storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 100 square feet. (b) (2) "Fences not over six (6) feet high, " shall be revised to read: "Fences or block walls not more than three (3) feet in height, and retaining walls not over` 2 feet in height shall not require a building permit. " (b) (7) Shall be deleted. SECTION 303 (d) Expiration. Every permit issued by the Chief 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 180 days from date of such permit, or if the building or work authorized by such permit is suspended or abandoned for a period of 180 or more days after work is commenced. Before such work can be recommenced a new permit shall be first obtained, and the fee therefore shall be one-half the amount required for a new permit for such work, providing no changes have been made or will be made in the original plans and specifications for such work; and providing further that such suspension or abandonment has not exceeded one year. Any permittee holding an unexpired permit may apply for extension of time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons (unforseeable causes beyond the control and without fault or omission of the permittee, including but not restricted to, Acts of God, strikes, fires, floods, epidemics, or severe weather) , provided further, that any fee imposed by the City as a condition of the issuance of a building permit which was established or increased subsequent to the issuance of the original permit shall be paid in the amount as required for a new permit at the date of the extension of the permit. The Chief Building Official may extend the time for commencement of work by the permittee for a period not exceeding 180 days upon written request by the permittee providing evidence of the circumstances beyond the control of the permittee which has prevented work from commencing. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. For the purpose of this section "Start of construction" means the placement of permanent construction of a structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation, placement of steel- reinforcement, teelreinforcement, and/or temporary concrete forming. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets driveways or walkways; nor does it include the excavation for a basement, footings, piers or foundations; nor the placement of plumbing, electric wiring, or reinforcing steel; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not as a part of the main structure. For a structure without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling and foundation. It shall be the responsibility of the permittee to show evidence of "start of construction" by arranging for building inspections within 180 days after issuance of permit and to verify non-suspension or abandonment of work by arranging for building inspections which will show the work is progressing within any 180 day time period. (f) Demolition and/or Remodeling Permits. The Building official may require that a detailed schedule be provided to insure that demolition or remodeling work progresses expeditiously and debris is hauled from the site as generated. Failure to keep the site clear of debris may cause the site to be found a public nuisance and abated as provided by law. Failure to continually pursue demolition work during normal working hours, after once started, may cause the site to be declared a public nuisance and abated by procedures as provided by appropriate sections of this code or any other effective ordinance of the City of Redlands. SECTION 304 (g) Special Inspections. The fee for each special inspection, requested for any purpose shall be $30. 00 when the department is required to furnish a written report of the inspection. SECTION 305 (e) (-) 3 Frame Inspection: To be made after all framing, fireblocking and bracing are in place; and after all pipes, chimneys and vents are complete and the rough electrical, plumbing and heating wires, pipes and ducts are approved; and after the exterior walls and roofs are wrapped or covered with weather-proof materials; and before the insulation is installed. After Framing Inspection has been approved, insulation may be installed, but such insulation must be approved prior to the installation of interior wall covering. (h) Roofing Inspections. The following minimum inspections shall be made by the Building official or his representative. (1) New construction. Inspection shall be made with the Construction Superintendent or his representative present and at the following periods: (a) After the roof sheathing is in place and properly fastened and all other work preliminary to application of the roof covering has been completed. (b) Upon completion of the roof work, including the installation of all flashings and counter-flashings. (2) Re-roofing work. The Building Official will be notified at least one day in advance of the start of any re roofing work. The following inspections will be made at the discretion of the Building Official. (a) Prior to the initiation of the work. (b) In progress inspection. (c) Final inspection after all work has been completed. SECTION 307 (d) Temporary Certificate. If thea Building Official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, he may issue a Temporary Certificate of Occupancy for the use of a portion or portions of a building or structure, provided a non-refundable fee is paid for that temporary certificate of occupancy in the minimum amount of $1,000. 00 or as determined by the Building Official to cover the City's costs in issuing the certificate. (g) Certificate of occupancy, a requirement for issuing a city business license. No license to conduct a business, occupation or profession in a particular building or structure in the City of Redlands shall be issued by the City Treasurer of said city in accordance with Chapters 5.04 and 5.08 of the Redlands Municipal Code until the Building Official has certified that a valid certificate of occupancy exists as required by this code. SECTION 308 Approval of Utility Connections: The Building Official may withhold approval of any or all utility connections for any building if the building has not received approval of its final inspection or if the site work has not been completed, or if the property does not comply with all applicable code provisions, laws, ordinances or conditions of approval by the Mayor and City Council or by the Planning Commission, unless it can be determined that the withholding of any utility would be detrimental to health, property or public welfare. No building or structure is to be occupied or used without the approval of the Building Official or without the issuance of a Certificate of occupancy. 15. 04. 040 UBC Section 1101 Amended -- Group M occupancies. Uniform Building Code Chapter 11 is amended by requiring Section 1101 as follows: SECTION 1101. GROUP M OCCUPANCIES shall be: DIVISION 1. Private garages, carports, sheds and agricultural buildings. DIVISION 2 ® Fences and block walls more than three (3) feet high, retaining walls more than two (2) feet high, tanks and towers. DIVISION 3 _ ;Agricultural buildings as defined in Chapter 11 of the appendix. 15.04. 050 UBC Section 1807 (a) Amended -- Sprinkler Systems. Uniform Building Code Chapter 18 is amended by rewriting Section 1807 (a) to read as follows: SECTION 1807 (a) Scope. This section shall apply to all buildings having floors used for human occupancy located more than 45 feet above the lowest level of Fire Department vehicle access, or containing four or more stories. Such buildings shall be provided with an approved automatic sprinkler system in accordance with Section 1807 (c) and Chapter 38, 1991, Uniform Building Code. 15- 04 . 060 UBC Chapter 32 Sections Amended -- Roof Construction. Uniform Building Code Chapter 32, Roof Construction, is amended by adding Section 3201(b) Fire Retardency, as follows: SECTION 3201 (b) FIRE RETARDENCY, WHEN REQUIRED - Roof coverings shall be fire retardant, with the following exception: (a) In areas located outside the boundaries of the high fire hazard areas as designated by the Chief of the Redlands Fire Department on an official map titled "Roof Classification Zone Map, : ordinary roof coverings may be installed in buildings of Groups R-3 and M occupancies, except that wood roof coverings shall have a minimum Class C rating for those occupancies. The Roof Classification Zone Map shall be filed in the Office of the City clerk and copies of said map shall be on file in the office of the Department of Building and Safety and the Central Fire Station. The Chief of the Redlands Fire Department shall review the Roof Classification zone map each year during the month of June and shall update said map as required using a distance of approximately 1, 000 feet from concentrations of natural growth of plants such as brush or trees which would propagate fire as a criteria for said Roof Classification Zone Map. 15. 04.070 UBC Chapter 38 Sections Amended -- Fire extinguishing systems. Uniform Building Code Chapter 38 is amended by com- pletely rewriting Section 3802 , as follows: SECTION 3802 Automatic Fire-Extinguishing systems. (a) Where Required. Every structure, except Group R, Division 3 and M-1, hereafter constructed, erected or moved onto a property, regardless of separation walls as outlined in Chapter 5, Uniform Building Code; and any structure, except from Group R, Division 3 and M-1, hereafter remodeled, rebuilt or renovated where such costs exceed fifty percent (50%) of the original square footage as determined by the San Bernardino County Tax Assessor or 5, 000 square feet, whichever occurs first, shall have an approved automatic sprinkler system installed throughout therein. (b) Where Required. Every Group R, Division 3 , structure hereafter constructed, erected or moved onto a property, and any result of fire, earthquake, or other disaster which requires complete demolition and reconstruction of the structure, in its entirety, shall have an approved automatic sprinkler system installed herein. (c) Exceptions: (1) Outdoor, detached storage facilities of 200 square feet or less. (2) Any work for which a building permit is not required. (3) Block Walls. (4) Swimming pools and spas. (5) Patio Covers (i) All lattice patio covers (ii) on existing houses, any patio that meets the definition of Chapter 49 of the Uniform Building Code. (6) Reroofing. (7) Grading. (8) Driveways. (9) Satellite Dishes. (10) Decks. Except a covered deck built as part of new house construction. (11) Gazebos. (d) For special provisions on hazardous chemicals and magnesium, and calcium carbide, see Sections 10. 301 and 45.209 and Articles 48 , 49 and 80 of the Uniform Fire cede,,_ ode, 1988 Edition. (e) For other provisions dealing with automatic fire extinguishing systems, see Redlands Municipal Code Section 15.20.025. 15.04 .080 UBC< Section 4402 Amended -- Temporary use of streets and Alleys. Uniform Building Code Chapter 44 , Protection of Pedestrians During Construction or Demolition, is amended by rewriting Section 4402. Temporary Use of Streets and Alleys, to read as follows: SECTION 4402 . Temporary Use of Streets and Alleys. Public streets and alleys shall not be utilized by persons doing construction or demolition until proper clearance has been obtained from the City Engineer of the Public Works Department of the City of Redlands as required by the City of Redlands Ordinance No. 909. Whenever requested, plot plans and construction details shall be submitted to the City Engineer for his review. The City Engineer may approve, modify or deny a request to utilize public streets by persons during construction and/or demolition and his decision shall be based on findings relative to hazards to life and limb, traffic safety and/or to excessive traffic or pedestrian congestion. Where damage to public property could result, proper bonds and insurance as specified by the City Engineer may be required. Failure to obtain proper clearance for use of public property may result in a finding that the materials constitute a public nuisance and a hazard to persons or property and are subject to abatement and/or removal as provided by law. 15. 04. 090 UBC Section 4506 Amended -- Awnings. Chapter 45 of the Uniform Building Code, 1991 Edition, is revised by rewriting Section 4506, Awnings, as follows: SECTION 4506. (a) GENERAL. This section shall apply to awnings projecting over public and/or private property. (b) DEFINITIONS. For the purpose of this section: AWNING is either a fabric covered appendage or a temporary collapsible shelter of non-combustible materials supported entirely from the exterior wall of a building. LADDER ACCESS AREA is the air space required for a ladder to rest upon the ground, street, or sidewalk and be supported by a building window sill, permanent appendage, parapet or roof eaves at an angle of 75 degrees from the horizontal. COLLAPSIBLE is the property of an awning which will enable it to be readily collapsible, retractable or capable of being folded against the face of the supporting building without the use of a tool, special effort or special knowledge. (c) CONSTRUCTION. Awnings shall have non-combustible frames but may have fabric coverings. Every awning with non-combustible coverings and every fabric covered awning which projects into the ladder access area, as defined above, shall be collapsible. EXCEPTION; A fixed awning not more than ten (10) feet in length may be erected over a doorway to the building. (d) PROJECTION. Awnings may extend over public or private property not more than seven (7) feet from the face of the supporting building, but no portion shall extend nearer than two (2) feet to the face of the nearest curb or edge of the traffic way measured horizontally. In no case shall the awning extend over public property greater than two-thirds of the distance from the property line to the nearest curb in front of the building or shall any portion of the awning be closer to the side or rear property lines than would be permitted by the current edition of the Uniform Building Code for eave overhang. (e) All portions of an awning shall be at least eight (8) feet above any public or private walkway. EXCEPTION: Any valance attached to an awning shall not project above the roof of the awning at the point of attachment and shall not extend more than twelve (12) inches below the roof of the awning at the point of attachment, but in no case shall any portion of a valance be less than seven (7) feet in height above a public or private way. 15.040. 100 UBC Appendix Chapter 1 A-mended -- Section 115 Smoke Detectors. Chapter 1, Section 115 of the Appendix to the Uniform Building Code is amended by adding paragraphs 5, 6, 7 and 8. 5. Smoke Detectors--Every dwelling unit in an apartment house and every guest room in a hotel,- motel or lodging house (all R-1 group occupancies) used for sleeping purposes shall have been furnished with smoke detectors on or before the eighteenth day of May, 1956. In addition, every single family dwelling, manufactured home, mobilehome, and every" ether building used for sleeping ;purposes shall be provided with smoke detectors within six Months of the effective date of this ordinance. . The smoke detector shall be approved and listed by the Stage Fire Marshall pursuant to California Health and Safety Cade 13114, and shall conform to the Uniform Building Code Standard No. 43- . All detectors shall b installed in accordance with approved manufacturer's instructions. 7. In new construction, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source.. Wiring shall be permanent and: without a disconnecting switch other than those required for overcurrent protection. Smoke detectors may be battery operated when installed in existing buildings, orinbuildings without commercial power. S. The owner of the dwelling or sleeping units shall b responsible for testing and maintaining smoke detectors. The smoke detector shall be operable at the time a tenant takes possession of a living or sleeping unit. A tenant shall be responsible for notifying the owner if the tenant becomes aware of an inoperative smoke detector within his or her dwelling or sleeping unit. The owner or authorized agent shall: correct any reported deficiencies in the smoke detector and shall not be in violation of this section when she or he has not received notice of the: deficiency. 1 . 04. 110 violation--penalty. It is unlawful for any person, firm or corporation to do or permit to be done the following= Erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use or maintain any building in violation of this code, as amended. by Chapter 15. 04 of the Redland Municipal Code. Every person who violates any of the provisions of this code, as amendedby Chapter 15. 04 of the Redlands Municipal Code, is guilty of a misdemeanor. 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 chapter is committed, continued or permitted- Upon conviction, such person may be punished by a fine not exceeding one; thousand dollars ($1, 000.00) , or by imprisonment in the county jail for a period not exceeding six ( months, or by both such fine and imprisonment. '* Section 2 . The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect in accordance with law. Mayor,, ATTEST: Ci, ler k o , City of Red nds I, Lorries Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 20th day of Qctober , 1992 , by the following vote: AYES: Councilmembers Larson, Cunningham, Milson, Foster; Mayor DeMirjyn NOES: None ABSTAIN: None ABSENT: None CRY Clerk, i Redlands