HomeMy WebLinkAbout07-19 CC Ordinance
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ORDINANCE NO. 07-19
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TEMECULA ADOPTING BY REFERENCE
THE 2007 EDITION OF THE CALIFORNIA BUILDING
CODE; THE 2007 EDITION OF THE CALIFORNIA
MECHANICAL CODE; THE 2007 EDITION OF THE
CALIFORNIA PLUMBING CODE; THE 2007 EDITION OF
THE CALIFORNIA ELECTRICAL CODE; THE 2007
EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE;
AND THE 2007 CALIFORNIA ENERGY CODE,
TOGETHER WITH CERTAIN AMENDMENTS AND
DELETIONS, AND AMENDING TITLE 15 OF THE
TEMECULA MUNICIPAL CODE; AND DECLARING THE
URGENCY THEREOF
THE CITY COUNCil OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOllOWS:
Section 1. Sections 15.04.010 through 15.04.080 of Chapter 15.04
Construction Codes of Title 15 (Building and Construction) of the Temecula Municipal
Code are hereby deleted. New Sections 15.04.010 through 15.04.070 are hereby
added to Chapter 15.04 to read as follows:
15.04.010 Codes Adopted. Except as hereinafter provided in this Chapter, the
following codes are adopted by reference as the Building Codes of the City of
Temecula:
A. California Building Code, 2007 Edition, Volumes 1 and 2 (Part 2 of Title 24
of the California Code of Regulations), including Appendix Chapter 1-Administration,
Appendix A -Employee Qualifications, Appendix C-Agricultural Buildings, Appendix F -
Rodent Proofing;
B. California Historical Building Code, 2007 Edition (Part 8 of Title 24 of the
California Code of Regulations);
C. California Existing Building Code, 2007 Edition (Part 10 of Title 24 of the
California Code of Regulations);
D. California Electrical Code, 2007 Edition (Part 3 of Title 24 of the California
Code of Regulations);
E. California Mechanical Code, 2007 Edition (Part 4 of Title 24 of the
California Code of Regulations);
F. California Plumbing Code, 2007 Edition (Part 5 of Title 24 of the California
Code of Regulations);
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G. California Administrative Code, 2007 Edition (Part 1 of Title 24 of the
California Code of Regulations);
H. California Energy Code, 2007 Edition (Part 6 of Title 24 of the California
Code of Regulations).
A copy of each of the above codes shall be maintained in the office of City Clerk
and shall be made available for public inspection while such codes are in force.
15.04.020 California Building Code. The following amendments, additions and
deletions are made to the California Building Code, 2007 Edition, as adopted by this
Chapter.
A. Section 105.2 of Appendix Chapter 1 is hereby amended by modifying
subsection 4 under Building, to read as follows:
4. Retaining walls that are not over three (3) feet in height, and garden
walls not over four (4) feet in height, measured from the top of footing to top of wall
unless supporting a surcharge or impounding flammable Class I, Class II or I II-A liquids.
B. Section 105.3 Application for permit, of Appendix Chapter 1, is hereby
amended by adding Subsection 8 to read as follows:
8. All contractors and their subcontractors must have current and valid
city business licenses.
C. Section 105.5 Permit Expiration, of Appendix Chapter 1, is amended to
read as follows:
Every permit issued shall expire by limitation and become invalid unless
the work authorized on the site by such permit is commenced within 180 days after its
issuance, or if the work authorized by such permit does not progress in a manner that
result in an approval of an inspection that clearly moves the project forward. Any permit
that has not progressed meeting this requirement within a period of 180 days shall be
considered suspended or abandoned, and shall expire by limitation. Before such work
can be recommenced, a new permit shall first be obtained to do so, and the fee
therefore shall be one-half 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, no changes have occurred to any applicable codes, and provided further
that such suspension or abandonment has not exceeded one year. In order to renew
action on a permit after expiration, the permittee shall pay a new full permit fee. When
changes to any applicable codes have been adopted, the permit may only be reinstated
after a review has been made to certify that any new code requirements have been
incorporated into the plans.
D.
follows:
Section 108.2 of Appendix Chapter 1 is hereby amended to read as
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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.
Section 108.3 of Appendix Chapter 1 is hereby amended by deleting the
last sentence and replacing the same with a sentence to read as follows:
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.
Section 108.7 is added to Appendix Chapter 1 to read as follows:
108.7 Plan review fees.
a) The plan review fees specified in this Appendix or otherwise
authorized by this Code are separate fees from the permit fees specified in Section
15.02.010 and are in addition to the permit fee.
b) 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 106.3.4.2 of this Appendix, an additional plan review fee shall be
charged at the rate established by resolution to the City Council.
E. Section 109.3.6 Fire-Resistant Penetration, of Appendix Chapter 1, is
amended to read as follows:
Protection of joints and penetrations in fire resistance-rated assemblies
shall not be concealed from view until inspected for all designed fire protection.
Required fire sealslfire barriers in fire assemblies at fire-resistant penetrations shall be
installed by individuals with classification or certification covering the installation of
these systems providing certification covering the installation of these systems providing
certification of compliance for building official's final approval.
F. Section 110.1 Use and Occupancy, of Appendix Chapter 1, is hereby
amended by adding the following:
To ensure appropriate continued use of any occupied space the building
official will issue a new Certificate of Occupancy upon any change of tenant at the fee
rates established by the City Council.
G. Section 113.4 of Appendix Chapter 1 is hereby amended by adding the
following:
Violations and violation penalties are subject to Section 15.02.060 and
Chapter 1.20 of the Municipal Code.
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H. Section 113.4.1 is hereby added to Appendix Chapter 1 to read as follows:
113.4.1 Additional violations. It is 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 this code.
I. Section 113.4.2 is hereby added to Appendix Chapter 1 to read as follows:
113.4.2 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 therefore, 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 in this
section shall be charged. In no even shall such civil penalty exceed the permit fee plus
five hundred dollars. The civil penalty provided in this section shall be in addition to any
other fines and remedies prescribed elsewhere in this code. The payment of such fees
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.
J. Section 304.1 is amended by adding the following exception:
Exception 1: In the Old Town Specific Plan area, for the purpose of
determining required sanitation facilities, Group B and Group M occupancies shall be
those with an occupant load of fifty (50) or less.
K. Section 501.2 Address numbers is hereby amended by adding the
following:
Numbers or addresses for commercial and industrial buildings shall be
maintained a minimum of twelve (12) inches in height facing the street or front of the
building. Numbers or addresses in the Tourist Retail Core (TRC) of the Old Town
Specific Plan, is permitted to be a minimum of eight (8) inches. All suites must have a
minimum of six (6) 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.
L. Section 1506.1 Scope is hereby amended by adding the following:
The roof covering or roofing assembly 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.
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M. Section 1910.1 General, first paragraph, is hereby amended, and a new
exception is added, to read as follows:
The minimum thickness of concrete floor slabs supported directly on the
ground shall not be less than three and one-half (3 %) inches. All occupancies shall
have a minimum six (6) mil moisture-vapor retarder barrier with minimum two (2) inch
sand cover.
Exception 6: A moisture barrier shall not be required under slabs on
grade of open or enclosed patios associated to and with R-3 occupancy.
N. Section 1910.2 is hereby added to read as follows:
1910.2 Additional requirements. Slab Dowels in all occupancies, slab
connection from existing slabs to new construction shall be placed at a minimum
twenty-four (24) inches on center with reinforcing steel of one half inch minimum
diameter, eight (18) inches in length. Embedment to existing shall be a minimum of six
(6) inches.
O. Section 3109.4.1 Barrier height and clearances is hereby amended to
read as follows:
Every outdoor swimming pool shall be provided with a barrier that shall be
installed, inspected and approved prior to plastering or filling with water. The top of the
barrier shall be at least sixty (60) inches above grade measured on the side the barrier
that faces away from the swimming pool. The maximum vertical clearance at the
bottom of the barrier may be increased to four (4) inches (102 mm) when the grade is a
solid surface such as a concrete deck, or when the barrier is mounted on top of the
above ground pool structure. When barriers have horizontal members space less than
fort-five (45) inches (1143 mm) apart, the horizontal members shall be placed on the
pool side of the barrier. Any decorative design work on the side away from the
swimming pool, such as protrusions, indentations away from the swimming pool, such
as protrusions, indentations or cutouts which render the barrier easily climbable, is
prohibited.
P. The following Appendices are deleted in their entirety from the California
Building Code: Appendices B, D, E, G, H, I, and J, and the California Elevator Safety
Construction Code.
15.04.030 California Electrical Code. The following amendments, additions
and deletions are made to the California Electrical Code, 2007 Edition, as 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.
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For commercial projects an electrical contractor shall be responsible for
obtaining permits for electrical work performed.
B. Section 90.8 is hereby amended by adding the following:
Accessory uses or other building, signs, 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.
Circuits for electric vehicle charging stations shall meet all the
requirements of CEC Article 625. Residential garages shall have a minimum three
quarter (3/4) inch metal flex conduit ran from meter box to the garage fire wall and
terminated in a metal box at forty-two (42) inches above finished floor for future electric
vehicle charging station.
All residential electrical applications shall provide two (2) future expansion
conduits from the meter box, one each stubbed to an approved, accessible upper and
lower location.
C.
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.
D. CEC Table 300.5 is hereby amended to read as follows:
CEC Table 300.5 location of wiring method or circuit "Under a Building" is
amended to read "Six (6) inches beneath the concrete slab."
E. Section 334.10 is hereby amended to read as follows:
Section 334.10 Uses Permitted. Type NM, Type NMC, and Type NMS
cables shall be permitted to be used in the following:
1) One and two-family dwellings.
2) Multi-family dwellings permitted to be types III, IV, and V
construction except as prohibited in 334.12.
No type NM, NMC, or NMS, or non-metallic sheathed cable (Romex)
usage in commercial applications regardless of mixed-use occupancy.
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15.04.040 California Mechanical Code. The following amendments, additions
and deletions are made to the California Mechanical Code, 2007 Edition, as adopted by
this Chapter.
A. Section 111.1 is hereby added to Appendix Chapter 1 to read as follows:
111.1 Violations and Violation Penalties. Violations and violation
penalties are subject to Section 15.02.060 and Chapter 1.20 of this Municipal Code.
B. Section 115 is hereby deleted in its entirety and superseded
by Sections 15.02.010 through 15.02.050 of this Municipal Code, expressly
incorporated herein by reference. All references in the California 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 504.1 is hereby amended by adding the following:
Aluminum flex ducts are not permitted to be installed horizontally in
rooms that produce steam. An angle greater than forty-five degrees from
the vertical is considered a horizontal run.
15.04.050 California Plumbing Code. The following amendments, additions
and deletions are made to the California Plumbing Code, 2007 Edition, adopted by this
chapter:
A.
following:
Section 102.3.2 of Appendix Chapter 1 is amended by adding the
Violations and violation penalties are subject to Sections 15.02.060 and
Chapter 1.20 of this Municipal Code.
B. Section 103.4 of Appendix Chapter 1 is deleted in its entirety and
superseded by Sections 15.02.010 through 15.02.050 of this Municipal Code, expressly
incorporated herein by reference. All references in the California 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.
C. Section 211, definition of indirect waste pipe, is hereby amended to read
as follows:
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 and approved air gap into a plumbing fixture, interceptor or receptacle which is
directly connected to the drainage system.
D. Section 412.3 is amended by adding the following:
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Notwithstanding anything herein to the contrary, all occupancies, buildings
or portions thereof where persons are employed shall be provided with at least one
water closet. Separate facilities shall be provided for each sex when the number of
employees exceeds four. Such toilet facilities shall be located either in such building or
conveniently in a building adjacent thereto on the same property as referenced from
Table 4-1 Minimum Plumbing Facilities.
In the Old town District, separate toilet facilities will be provided for each
sex when the seating number of occupants for restaurant uses exceeds twenty (20).
Such water closet rooms in connection with food establishments where
food is prepared, stored or served shall have a non-absorbent interior finish as specified
in Section 1210.5 of the California Building Code.
E. 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 by extending flush in paving with a "brass cap" or other
approved material for installation where subject to vehicular traffic.
F. Section 1204.3.2 is hereby amended by adding the following:
Testing of gas piping two (2) inches or greater or exceeding twenty (20)
feet in length shall require a twenty-four (24) hour graph test witnessed by the
jurisdiction. Such test shall be sixty (60) p.s.i. All welded pipe shall be graph tested for
twenty-four (24) hours at sixty (60) p.s.i. witnessed by the jurisdiction. No gas tests
shall be performed at less than ten (10) p.s.i.
G. Section 1211.3.5 is amended by adding the following additional
exception:
Exception 2: The installation of propane gas line for island fixtures is
allowed beneath the slab as approved by the building official.
H. Section 1211.18 is hereby amended by adding the following:
The installation of Seismic Gas Shutoff Valves shall comply with the
following requirements:
1. Be installed by a contractor licensed in the appropriate
classification by the State of California.
Exception: Seismic gas shutoff valves may be installed by a gas utility
provided a permit is obtained and the valves are installed and approved in accordance
with this section.
2. Be mounted rigidly to the exterior of the building or structure
containing the fuel gas piping.
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Exception: This requirement need not apply if the Building Department
determines that the seismic gas shutoff valve has been tested and listed for an alternate
method of installation.
3. Be listed by an approved testing laboratory and certified by the
Office of the State Architect.
4. Be approved by the Building and Safety Department.
5. Have thirty (30) year warranty, which warrants that the valve is free
from defects, and will continue to properly operate for thirty (30) years from the date of
installation.
6. Where seismic gas shutoff valves are installed as required by this
section, they shall be maintained for the life of the building or structure or be replaced
with a valve complying with the requirements of this section.
I. The following appendices are deleted in their entirety from the 2007
California Plumbing Code:
Appendix E, Mobile Home Parks and Recreational Vehicle Parks;
Appendix G and Chapter 16, reclaimed water systems for nonresidential buildings.
15.04.060 Penalties for violation of Chapter 15.04.
Any person, firm, partnership, or corporation violating any provision or to failing to
comply with any of the requirements of this Chapter or any of the Codes hereby
adopted, shall be subject to the penalties set forth in Chapters 1.20, 1.21 and 1.24 of
the Temecula Municipal Code. Each and every person, firm, partnership, or corporation
shall be deemed guilty of a separate offense for each and every day or any portion
thereof during which any violation of any of the provisions of this Chapter or the Codes
hereby adopted is committed, continued or permitted by such person, firm, partnership
or corporation, and shall be deemed punishable therefore as provided in this Chapter.
15.04.070 Civil remedies available. The violation of any of the provisions of this
Chapter or any of the Codes hereby adopted shall constitute a nuisance and may be
abated by the City through civil process by means of restraining order, preliminary or
permanent injunction or in any other manner provided by law for the abatement of such
nuisances.
Section 2. Section 15.04.090 of Chapter 15.04 ofTitle 15 of the Temecula
Municipal Code is hereby renumbered as Section 15.04.080.
Section 3. The City Council finds and determines that the immediate
preservation of the public health, safety and welfare requires that this ordinance be
enacted as an urgency ordinance pursuant to Government Code Section 36937(b) and
take effect immediately upon adoption. Pursuant to state law, the 2007 California
Building Standards will automatically take effect in the City on January 1, 2008.
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However, Government Code Section 17958.7 of the California Health and Safety Code
allows local agencies to enact modifications to those building standards to address local
climatic, geological or topographical conditions. Accordingly, this Ordinance includes
several local amendments to the state standards. Thus, if this Ordinance does not
become effective immediately, but instead becomes effective thirty days after its second
reading, ambiguity and confusion regarding the applicability of the City's local
amendments to the California Building Standards could result. Therefore, this
Ordinance is necessary for the immediate preservation of the public peace, health,
safety and welfare and its urgency is hereby declared. In addition the Council finds and
determines that the substantive terms of this ordinance were introduced and discussed
on November 6, 2007 and were the subject of a duly noticed public hearing on
December 11,2007 along with Ordinance No. 07-19.
Section 4. Pursuant to Government Code Section 36937 and other applicable
law, this Ordinance shall be effective on January 1, 2008 and shall remain in effect until
Ordinance No. 07-19 is effective.
Section 5. Severability. The City Council declares that, should any provision,
section, paragraph, sentence or word of this Ordinance or the Codes hereby adopted be
rendered or declared invalid by any final court action in a court of competent jurisdiction,
or by reason of any preemptive legislation, the remaining provisions, sections,
paragraphs, sentences and words of this Ordinance and the Codes hereby adopted
shall remain in full force and effect.
Section 6. The City Clerk of the City of Temecula shall certify to the passage
and adoption of this Urgency Ordinance and shall cause the same or a summary
thereof to be published and posted in the manner required by law.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 11th day of December, 2007.
ATTEST:
h--t:>a
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
/)1
I, Susan Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 07-19 was duly adopted and passed as an urgency ordinance at
a regular meeting of the City Council on the 11th day of December, 2007 by the following
vote, to wit:
AYES: 5
COUNCIL MEMBERS:
NOES: 0
COUNCIL MEMBERS:
ABSENT: 0
COUNCIL MEMBERS:
ABSTAIN: 0
COUNCIL MEMBERS:
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Comerchero, Edwards, Naggar, Roberts,
Washington
None
None
None
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Susan W. Jones, MMC
City Clerk