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HomeMy WebLinkAbout95-14 CC OrdinanceORDINANCE NO. 95-14 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING CHAPTER 15.02 TO THE TEMECULA MUNICIPAL CODE PROVIDING FOR FEES AND ENFORCEMENT OF BUILDING REGULATIONS; AND AMENDING CHAPTERS 15.04 AND 15.08 OF THIS MUNICIPAL CODE TO ADOPT BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1994 EDITION OF THE UNIFORM BUILDING CODE; THE 1994 EDITION OF THE UNIFORM MECHANICAL CODE; THE 1994 EDITION OF THE UNIFORM PLUMBING CODE; THE 1994 EDITION OF THE UNIFORM ADMINISTRATIVE CODE; THE 1994 EDITION OF THE UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS; THE 1994 EDITION OF THE UNIFORM HOUSING CODE; THE 1994 EDITION OF THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE; AND THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE. The City Council of the City of Temecula does ordain as follows: SECTION I: CHAPTER 15.02, "Fees and Enforcement," is added to Title 15, Buildings and Construction, of the Temecula Municipal Code to read as follows: 15.02.010 Permit Fees. Fees for permits and services rendered pursuant to these Building and Construction Regulations shall be paid to the Building Official as set forth in schedules established by Resolution of the City Council. The determination of value or valuation under any of the provisions of these codes shall be made by the Building Official. The value to be used in computing the fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. 15.02.020 Plan Review Fees. When submittal documents are required by Section 302.2 of the Uniform Administrative Code as adopted in Section 15.04.060 of this Municipal Code, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review shall be 75 percent of the building permit fee as established by Resolution of the City Council pursuant to Section 15.02.010 herein. Ords\95-14 1 The plan review fees specified in this Section are separate fees from the permit fees specified in Section 15.020.010 herein and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 302.4.2 of the Uniform Administrative Code, an additional plan review fee shall be charged at the rate established by Resolution of the City Council. 15.02.030 Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by application of the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application shall not be extended more than once. An application shall not be extended if this code or any other pertinent laws or ordinances have been amended subsequent to the date of application. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. 15.02.040 Civil Penalty. Any person, firm or corporation who shall proceed with or commence work for which a permit is required by these Building and Construction Regulations without first having obtained such permit shall, if subsequently permitted to obtain a permit therefor, pay double the fee fixed for such work. The original permit fee shall be for issuance of the permit and the balance shall be a civil penalty. This provision shall not apply to emergency work when it shall be proved to the satisfaction of the Building Official that such work was urgently necessary and that it was not practical to obtain a permit before commencement of the work. In all such cases a permit must be secured as soon as it is practicable to do so, and if there is an unreasonable delay in securing the required permit, the civil penalty as provided herein shall be charged. In no event shall such civil penalty exceed the permit fee plus $500.00. The civil penalty provided in this Section shall be in addition to any other fines and remedies prescribed elsewhere in this Municipal Code. The payment of such fee and fine shall not relieve any persons from fully complying with the requirements of these Building and Construction Regulations in the execution of the work. 15.02.050 Fee Refunds. The Building Official may authorize refunding of a fee paid hereunder which was erroneously paid or collected. The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under the permit issued in accordance with this Code. The Building Official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 0rds\95-14 2 15.02.060 Violations. 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 or cause or permit the same to be done in violation of Title 15, Buildings and Construction, of this Municipal Code. Violations and violation penalties are subject to Chapter 1.20 of the Temecula Municipal Code. SECTION II: The City Council of the City of Temecula does hereby amend Title 15, Buildings and Construction, of the Temecula Municipal Code to adopt by reference certain uniform codes with amendments as follows: 15.04.010 Codes Adopted. The following are hereby adopted by reference as amended by Section III of this Ordinance, as the Building Codes of the City of Temecula, one (1) copy of which is on file in the office of the City Clerk: to Uniform Building Code, volumes 1, 2 and 3 of the 1994 edition with appendices and California State amendments; ao Uniform Mechanical Code, 1994 edition with appendices and California State amendments; Uniform Plumbing Code, 1994 edition with appendices and California State amendments; D. Uniform Administrative Code, 1994 edition; E. Uniform Code for the Abatement of Dangerous Buildings, 1994; F. Uniform Housing Code, 1994 edition; G. Uniform Swimming Pool, Spa and Hot Tub Code, 1994 edition; H. National Electrical Code, 1993 edition. SECTION III: The City Council of the City of Temecula does hereby amend Title 15, Buildings and Construction, of the Temecula Municipal Code to provide for amendments to certain Uniform Codes adopted by reference under Section II of this Ordinance as follows: 15.04.020 In general. The following amendments are made to the Building Codes, 1994 editions, as adopted by this Chapter: 15.04.030 Uniform Building Code. The following amendments, additions and deletions are made to the Uniform Building Code, 1994 edition, adopted by this Chapter: Ords\95-14 3 A. Section 103 is hereby amended by adding the following: Be Go Violations and violation penalties are subject to Sections 15.02.060 and Chapter 1.20 of this Municipal Code. Section 106.2 is hereby amended to read as follows: Section 106.2 Work Exempt from Permits. A building permit shall not be required for the following: Retaining walls which are not over two (2) feet in height, and garden walls not over 4" measured from the top of footing to top of wall unless supporting a surcharge or impounding flammable Class I, Class II or III-A liquids. Section 106.3.1 is hereby amended by adding thereto Subsection (8) to read as follows: All contractors and their subcontractors must have current and valid city business licenses. Section 107 is hereby deleted in its entirety and superseded by Sections 15.02.010 thru 15.02.050 of this Municipal Code, expressly incorporated herein by reference. All references in the Uniform Building Code to fees, fee schedules, or fee tables shall mean the fee schedule as established by Resolution of the City Council in accordance with Section 15.02.010 herein. Table No. 1-A Building Permit Fees is hereby deleted in its entirety. Section 502 is hereby amended by adding thereto the following: Numbers for commercial and industrial buildings must be a minimum of twelve (12) inches in height facing the street or front of the building. All suites must have a minimum of (4) inch high letters on both front and rear doors. Residential usages must have as a minimum four (4) inch high letters. All letters must be placed upon a contrasting background. Section 904 is hereby amended to read as follows: Section 904.2.1 Where required. An automatic fire-extinguishing system shall be installed in the occupancies and locations as set forth in 0rds\95-14 4 He Exception: Jo this Section except where the 1994 U.F.C. applies. In that case, the most restrictive provisions will apply. Section 1503 is hereby amended to read as follows: Section 1503. The roof covering on any structure regulated by this Code shall be as specified in Table No. 15-A and as classified in Section 1504, except that no roof covering shall be less than a Class B roofing assembly. 1. The roof covering on any structure regulated by this Code within the Historical District Overlay, generally known as the Old Town Temecula Historical Preservation District, shall not be less than a Class C roofing assembly. 2. The roof covering of any structure located on a parcel with a minimum of one-half acre in area may have a roof covering of not less than a Class C Roofing Assembly when approved by the Building Official. 3. The roof covering of all re-roofing shall conform to the applicable provisions of this Section as amended herein, except that the roof covering for the re-roofing of ten percent (10%) or less of the area of any roof may consist of material comparable to the remainder of the roof. Section 1924 is hereby amended to read as follows: Section 1924. The minimum thickness of concrete floor slabs supported directly on the ground shall not be less than three and one- half (3 1/2) inches. All group R occupancies shall have a minimum six (6) mil moisture barrier with minimum two (2) inch sand cover. Exception: 1. A moisture barrier shall not be required under slabs on grade of open or enclosed patios as defined in Section 217. Section 1924 is hereby further amended by adding thereto a new paragraph to read as follows: Section 1924.1 Slab Dowels. In all occupancies, slab connection from existing slabs to new construction shall be placed at twenty-four (24) inches on center with reinforcing steel on one half inch minimum diameter, eighteen (18) inches in length. 0rds\95-14 5 Appendix Chapter 4. Section 421.1 paragraph 1 is hereby amended to read as follows: The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier which faces away from the swimming pool. L. Appendix Chapter 16. Division I is hereby deleted in its entirety. M. Appendix Chapter 19 is hereby deleted in its entirety. N. Appendix Chapter 21 is hereby deleted in its entirety. O. Appendix Chapter 23 is hereby deleted in its entirety. 15.04.040 Uniform Mechanical Code. The following amendments, additions and deletions are made to the Uniform Mechanical Code, 1994 edition, adopted by this Chapter. A. Section 111 is hereby amended by adding the following: Violations and violation penalties are subject to Sections 15.02.060 and Chapter 1.20 of this Municipal Code. Section 115 is hereby deleted in its entirety and superseded by Sections 15.02.010 thru 15.02.050 of this Municipal Code, expressly incorporated herein by reference. All references in the Uniform Mechanical Code to fees, fee schedules, or fee tables shall mean the fee schedule as established by Resolution of the City Council in accordance with Section 15.02.010 herein. C. Section 504 is hereby amended by adding the following: Section 504.1. Makeup and exhaust ducts. Bathroom and laundry room exhaust ducts may be of gypsum wallboard subject to the limitation of Section 1002(a). Aluminum flex ducts are not permitted to be installed horizontally in rooms that produce steam. An angle greater than forty-five (45) degrees from the vertical is considered a horizontal run. 15.04.050 Uniform Plumbing Code. The following amendments, additions and deletions are made to the Uniform Plumbing Code, 1994 edition, adopted by this Chapter: A. Section 102.3.2 is hereby amended by adding the following: Ords\95-14 6 go Do Violations and violation penalties are subject to Sections 15.02.060 and Chapter 1.20 of this Municipal Code. Section 103.4 is hereby deleted in its entirety and superseded by Sections 15.02.010 thru 15.02.050 of this Municipal Code, expressly incorporated herein by reference. All references in the Uniform Plumbing Code to fees, fee schedules, or fee tables shall mean the fee schedule as established by Resolution of the City Council in accordance with Section 15.02.010 herein. Section 202(I) is hereby amended to read as follows: (a) Indirect Waste Pipe. An indirect waste pipe is a pipe that does not connect directly with the drainage system but conveys liquid wastes by discharging through an approved air gap into a plumbing fixture, interceptor or receptacle which is directly connected to the drainage system. Section 411 is hereby amended by adding the following: Fo Section 411.1 Floor drains shall be installed in all compartments containing urinals or where hose bibs are provided for washing down floors. Section 719.5 is hereby amended to read as follows: Cleanouts installed under concrete or asphalt paving shall be made accessible by yard boxes, or extended flush with paving with a "brass cap" or other approved material for installation where subject to vehicular traffic. Section 1204.3.2 is hereby amended by adding the following: Testing of gas piping over two (2) inches in diameter shall require a twenty-four (24) hour graph test witnessed by the jurisdiction. Section 1211.3 is hereby amended by adding the following exceptions: Exception: 1. The installation of natural gas line for island fixtures is allowed beneath the slab as approved by the Building Official. Exception: 2. The installation of propane gas line for island fixtures is allowed beneath the slab as approved by the Building Official. Ords\95-14 7 The following chapters from the appendices are hereby deleted from the Uniform Plumbing Code, 1994 edition, adopted by this ordinance. Appendix E - mobile home parks and recreational vehicle parks, is hereby deleted in its entirety. Appendix H - commercial kitchen grease interceptors, is hereby deleted in its entirety. Appendix Chapter 3 is hereby amended by adding a new Section thereto as follows: Section 318 Rodent proofing. 318.1 Rodent proofing. Plumbing systems shall be designed and installed in accordance with Sections 318.2 through 318.4 so as to prevent rodents from entering structures. 318.2 Strainer plates. designed and installed in least dimension. All strainer plates on drain inlets shall be so that all openings are not greater than 1/2 inch 318.3 Meter boxes. Meter boxes shall be constructed in such a manner that rodents are prevented from entering a structure by way of the water service pipes connecting the meter box and the structure. 318.4 Openings for pipes. In or on structures where openings have been made in walls, floors or ceilings for the passage of pipes, such openings shall be closed and protected by the installation of approved metal collars that are securely fastened to the adjoining structure. 15.04.060 Uniform Administrative Code. The following amendments, additions and deletions are made to the Uniform Administrative Code, 1994 edition, adopted by this Chapter. A. Section 205 is hereby amended by adding the following: Violations and violation penalties are subject to Sections 15.02.060 and Chapter 1.20 of this Municipal Code. Sections 304.1 and 304.2 are hereby deleted in their entirety and superseded by Section 15.02.010 of this Municipal Code, expressly incorporated herein by reference. All references in the Uniform 0rds\95-14 8 Administrative Code to fees, fee schedules, or fee tables shall mean the fee schedule as established by Resolution of the City Council in accordance with Section 15.02.010 herein. Section 304.3 is hereby deleted in its entirety and superseded by Section 15.02.020 of this Municipal Code, expressly incorporated herein by reference. Section 304.5 is hereby deleted in its entirety and superseded by Section 15.02.040 of this Municipal Code, expressly incorporated herein by reference. 15.04.070 Uniform Code for the Abatement of Dangerous Buildings. The following amendments, additions and deletions are made to the Uniform Code for the Abatement of Dangerous Buildings, 1994 edition, adopted by this Chapter: A. Section 203 is hereby amended by adding the following: Violations and violation penalties are subject to Sections 15.02.060 and Chapter 1.20 of this Municipal Code. 15.04.080 Uniform Housing Code. The following amendments, additions and deletions are made to the Uniform Housing Code, 1994 edition, adopted by this Chapter: A. Section 204 is hereby amended by adding the following: Violations and violation penalties are subject to Sections 15.02.060 and Chapter 1.20 of this Municipal Code. Section 302 is hereby deleted in its entirety and superseded by Sections 15.02.010 thru 15.02.050 of this Municipal Code, expressly incorporated herein by reference. All references in the Uniform Housing Code to fees, fee schedules, or fee tables shall mean the fee schedule as established by Resolution of the City Council in accordance with Section 15.02.010 herein. 15.04.090 Uniform Swimlning Pool, Spa and Hot Tub Code. The following amendments, additions and deletions are made to the Uniform Swimming Pool. Spa and Hot Tub Code, 1994 edition, adopted by this Chapter: A. Section 1.7 is hereby amended by adding the following: Violations and violation penalties are subject to Sections 15.02.060 and Chapter 1.20 of this Municipal Code. Ords\95-14 9 go Section 1.11 is hereby deleted in its entirety and superseded by Sections 15.02.010 thru 15.02.050 of this Municipal Code, expressly incorporated herein by reference. All references in the Uniform Swimming Pool, Spa and Hot Tub Code to fees, fee schedules, or fee tables shall mean the fee schedule as established by Resolution of the City Council in accordance with Section 15.02.010 herein. Chapter 15.08 National Electrical Code is hereby deleted in its entirety and superseded by the following: 15.04.100 National Electrical Code. The following amendments, additions and deletions are made to the National Electrical Code, 1993 edition, adopted by this Chapter: A. Section 90-4 is hereby amended by adding the following: Violations and violation penalties are subject to Sections 15.02.060 and Chapter 1.20 of this Municipal Code. B. Section 110-5 is hereby amended by adding the following: Notwithstanding any provision to the contrary, no aluminum conductors smaller than/?6 A.W.G. shall be used. C. Section 210-1 is hereby amended by adding the following: Accessory uses or other building, signs, etc., separately located on the same lot or premises, shall have connecting conductors run underground. (Agricultural area excepted.) Where spare circuit protective devices are provided or space for future circuit protective devices are provided on the bus in any flush or semi-flush mounted panel, then raceways of sufficient capacity to permit utilization of such space or spaces shall be provided to an approved accessible location. Such accessible location is normally described as follows: Where sufficient attic space is available or under floor space is available, a raceway shall terminate conveniently for future use in each such space. Where this condition does not exist or other factors govern, then such terminations shall be approved by the Building Official. D. Section 336-3 is hereby amended to read as follows: Section 336-3 Uses Permitted. Non-metallic sheathed cable shall not be used for exposed wiring, except as provided in Section 336-10(b), and shall only be used in one and two family dwellings or multi-family Ords\95-14 10 dwellings (apartment houses) not exceeding three (3) floors above grade. SECTION IV: Pursuant to Health and Safety Code Sections 17958.5 and 17958.7, amendments to building standards as set forth herein shall be accompanied by findings as adopted by Resolution of the City Council of the City of Temecula. SECTION V: If any Section, subsection, subdivision, sentence, clause, or portion of this Ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this Ordinance, and each Section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsection, subdivision, sentence, clause, phrase, or portions of the application thereof to any person or place be declared invalid or unconstitutional. SECTION Vh The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION VII.' This ordinance shall be effective thirty (30) days following the date of adoption hereof. PASSED, APPROVED AND ADOPTED this 19th day of December. A~FEST: reek, CMC ~' City Clerk , Mayor [SEAL] 0rds\95-14 11 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 95-14 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 12th day of December, 1995, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 19th day of December, 1995, by the following roll call vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Parks, Roberts, Stone NOES: 0 C OUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None JuneC~S'. Gree ,~~CMC City Clerk 0rd~\95-14 12