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