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HomeMy WebLinkAbout02-08 CC OrdinanceURGENCY ORDINANCE NO. 02-08 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.04 OF THE TEMECULA MUNICIPAL CODE TO ADOPT BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 2001 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2001 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2001 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2001 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 1999 EDITION OF THE UNIFORM ADMINISTRATIVE CODE; THE 2000 EDITION OF THE INTERNATIONAL CODE FOR ABATEMENT OF DANGEROUS BUILDINGS; THE 2001 EDITION OF THE CALIFORNIA HOUSING CODE; AND THE 2000 EDITION OF TIlE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE ARE RESPONSIBLE AND NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE The City Council of the City of Temecula does ordain as follows: SECTION I: Chapter 15.04 Construction Codes of Title 15 (Building and Construction) of the Temecula Municipal Code is amended 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, 2001 Edition (Part 2 of Title 24 of the California Code of Regulations); B. California Mechanical Code, 2001 Edition (Part 4 of Title 24 of the California Code of Regulations); C. California Plumbing Code, 2001 Edition (Part 5 of Title 24 of the California Code of Regulations); D. California Electrical Code, 2001 Edition (Part 3 of Title 24 of the California Code of Regulations); E. Administrative Code, 2001 Edition, published by the International Conference of Building Officials; International Code for the Abatement of Dangerous Buildings, 2000 Edition, published by the International Conference of Building Officials; G. California Housing Code, 2001 Edition, published by the International Conference of Building Officials; and R\Ords 2002\Ords 02-08 I H. International Swimming Pool Spa and Hot Tub Code, 2000 Edition, published by the International Code Council A copy of each of the above codes shall be maintained in the office of the 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, 2001 Edition, adopted by this Chapter. A. Section 103 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. Section 106.2 is hereby amended by modifying subsection five (5) to read as follows: 5. Retaining walls which are not over two (2) 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 sumharge or impounding flammable Class I, Class II or Ili- A liquids Section 106.3.1 is hereby amended by adding thereto Subsection (8) to read as follows: 8. All contractors and their subcontractors must have current and valid city business licenses Section 106.4.4 is amended to read as follows Permit 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 180 days from the date of such permit, or if the building or work authorized by such permit does not progress in a manner that results 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 be first 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 R\Ords 2002\Ords 02-08 2 be reinstated after a review has been made to certify that any new code requirements have been incorporated into the plans. Section 107.2 Permit Fees. Is hereby amended to read as follows: 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 conditions\lng, elevators, fire extinguishing systems and any other permanent equipment (Ord 95-14 § 1 (part)). Section 107.3 Plan review fees is hereby amended to read as follows: 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 fee shall be seventy-five percent of the building permit fee as established by resolution of the city council pursuant to Section 15.02.010. The plan review fees specified in this section are separate fees from the permit fees specified in Section 15.02.010 and are in addition to the permit fee. 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. Ord 95-14 § 1 (part)) Section 107.4 Expiration of plan review, is hereby amended to read as follows: Applications for which no permit is issued within one hundred eighty 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 one hundred eighty days on written request by the applicant showing that circumstances beyond the control of R\Ords 2002\Ords 02-08 3 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. (Ord. 95-14 § 1 (part)) Section 107.6 Fee refunds is hereby amended to read as follows: 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 eighty 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 eighty 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 permitee not later than on hundred eighty days after the date of fee payment (Ord. 95-14 § 1 (part)) Section 107.7 Violations - Penalties is hereby added: 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. (Ord. 95-14 § 1 (part)) Section 107.8 Civil penalty is hereby added to read as follows: 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 event shall such civil penalty exceed the permit fee plus five hundred dollars. The civil penalty provided in this section R\Ords 2002~Ords 02-08 4 shall be in addition to any other fines and remedies prescribed elsewhere in this 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. (Ord. 95-14 § 1 (part)) Section 108.1 is hereby amended to read as follows: General. All construction or work for which a permit is required shall be subject to inspection by the building official and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the building official. In addition, certain types of construction shall have continuous inspection, as specified in Section 1701.5 Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. A survey of the lot shall be required by the building official to verify that the structure is located in accordance with the approved plans. The survey shall denote any variations from the approved plan in tenths of a foot for locations and elevations. Section 109.1 exception is amended to read as follows: Exception: Group R, Division 3 and Group U Occupancies. Occupancy shall not be permitted prior to obtaining final inspection approval. Table No. I-A Building Permit Fees is hereby deleted in its entirety. Section 217 - Progress - is the action or performance of work necessary to move forward, or to advance a project towards completion 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, B occupancies shall be those with an occupant load of fifty (50) or less. R\Ords 2002\Ords 02-08 5 Section 502 is hereby amended by adding thereto the following: Numbers or addresses for commemial 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 (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. P. Section 1202.2.6 is hereby amended by adding: When mechanical ventilation is required in a Group S, Division 3 repair garage, the ventilation shall comply with the design provision in Section 1202.2.4. Q. Section 1503 is hereby amended to read as follows: The roof covering or roofing assembly 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. Exception: 1. 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. 2. The roof covering or roof assembly 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. R. Section 1900.4.4 is hereby amended 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 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 1900.4.4.1 is hereby further amended by adding thereto a new paragraph to read as follows: 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 R\Ords 2002\Ords 02-08 6 minimum diameter, eighteen (18) inches in length. Embedment to existing shall be a minimum of six (6) inches. For slab cuts 24" or greater shall also conform with these provisions. T. Appendix Chapter 4. Section 421.1 paragraph I Requirements is hereby amended to read as follows: 421.1 Outdoor Swimming Pool. An outdoor swimming pool shall be provided with a barrier that shall be installed, inspected and approved prior to plastering or filling with water or filling with water. The barrier shall comply with the following: The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to 4 inches (102 mm) when 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 spaced less than 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 or cutouts which render the barrier easily climbable, is prohibited. The following appendices are deleted in their entirety from the 2001 California Building Code; Appendix 3, 9.10,11,13,16,19,21,23,29, and 33. 15.04.030 California Mechanical Code. The following amendments, additions and deletions are made to the California Mechanical Code, 2001 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 through 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 R\Ords 2002\Ords 02-08 7 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. 15.04.50 California Electrical Code. The following amendments, additions and deletions are made to the California Electrical Code, 2001 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. 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, etc., separately located on the same lot or premises, shall have, connecting conductors run underground. (Agricultural area excepted.) Where spare cimuit 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 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, stubbed to an accessible 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 amended to read as follows: CEC Table 300-5 location of wiring method or circuit "Under a Commercial Building" is amended to read "Six (6) inches beneath the concrete slab" R\Ords 2002\Ords 02-08 8 E. Section 336-4 is hereby amended to read as follows: Section 336-4 Uses Permitted. Non-metallic sheathed cable shall not be used for exposed wiring, except as provided in Section 336-4(b), and shall only be used in one and two family dwellings or multi-family dwellings (apartment houses). 15.04.40 California Plumbing Code. The following amendments, additions and deletions are made to the California Plumbing Code, 2001 Edition, adopted by this chapter A. Section 102.3.2 is 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 103.4 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 is 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. D. Section 413.1 is amended by addition the following: In Groups B,F,H,M and S Occupancies, buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex when the number of employees exceeds four. 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. Such water closet room in connection with food establishments where food is prepared, stored or served shall have a non-absorbent interior finish as specified in Section 807.1 of the California Building Code, shall have hand- washing facilities therein or adjacent thereto, and shall be R\Ords 2002\Ords 02-08 9 separated from food preparation or storage rooms as specified in section 302.6 of the California Building Code. E. Section 719-5 is 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. F. Section 1202 is amended by adding the following: 1202.2.2 Downstream of Gas Utility - that portion of a gas piping which is away from the gas utility meter and is on the user or customer side of the meter serving a building or structure. 1202.8.1. Residential Building - any single family dwelling, duplex, apartment building, condominium, town house, lodging house, congregate residence, hotel, or motel. 1202.8.2 Seismic Gas Shutoff Valve - a system consisting of a seismic sensing means and actuating means designed to automatically actuate a companion gas shut off means installed in a gas piping system in order to shut off the gas downstream of the location of the gas shutoff means in the event of a severe seismic disturbance. The system may consist of separable components or may incorporate all functions in a single body. The terms "Seismically Activated Gas Shutoff Valves" and "Earthquake Sensitive Gas Shutoff Valves" are synonymous, G. Section 1204.3.2. is amended by adding the following: Testing of gas piping greater than two and one quarter (2 ~,4) inches in outside diameter shall require a twenty-four (24) hour graph test witnessed by the jurisdiction. Such test shall be at sixty (60) p.s.i. H. Section 1211.4 is amended by adding the following exceptions: Exception: 2. The installation of propane gas line for island fixtures is allowed beneath the slab as approved by the Building Official. I. Section 1211 is amended by adding the following: 1211.22 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. R\Ords 2002\Ords 02-08 10 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. 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. Have a thirty-year warranty, which warrants that the valve is free from defects, and will continue to properly operate for thirty years from the date of installation. 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. J. The following appendices are deleted in their entirety from the 2001 California Plumbing Code: Appendix E, mobile home parks and recreational vehicle parks; Appendix H, commercial kitchen grease interceptors; Appendix J, reclaimed water systems for nonresidential buildings. SECTION 2. State law requires that localities adopt the California Building Standards Code and modifications thereto, by November 1,2002. It is essential that the City have in effect on the date codes that comport with state law and contain those modifications necessitated by unique topographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the building codes unique to the City's special circumstances will not be in place and this will have a detrimental effect on public, health safety and welfare. The modifications to the Codes contain vital provisions regarding administrative procedures, building standards and criteria, and other similar matters necessitated by the City's proximity to active earthquake fault zones, the City's exposure to Santa Ana winds, and the City's limited rainfall in the summer and fall months. For these reasons, the public health, safety and welfare require that this ordinance take effect on November 1,2002. R\Ords 2002\Ords 02-08 11 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 22nd day of October, 2002. · ATTEST: [SEAL] Ron I~oberts, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 02-08 was duly adopted and passed as an urgency ordinance at a regular meeting of the City Council on the 22nd day of October, 2002 by the following vote, to wit: AYES: 4 COUNCILMEMBERS: Naggar, Pratt, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Comerchero ABSTAIN: 0 COUNCILMEMBERS: None ~[ S u san W,/U o/n e's,~M C ~,~..~ j,/ CityClerk R\Ords 2002\Ords 02-08 12