HomeMy WebLinkAbout13-09 CC Urgency Ordinance URGENCY ORDINANCE NO. 13-09
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TEMECULA AMENDING SECTIONS
15.04.010 THROUGH 15.04.080, INCLUSIVE, OF THE
TEMECULA MUNICIPAL CODE TO ADOPT BY
REFERENCE THE 2013 EDITION OF THE CALIFORNIA
BUILDING CODE, THE 2013 EDITION OF THE
CALIFORNIA HISTORICAL BUILDING CODE, THE 2013
EDITION OF THE CALIFORNIA EXISTING BUILDING
CODE, THE 2013 EDITION OF THE CALIFORNIA
ELECTRICAL CODE; THE 2013 EDITION OF THE
CALIFORNIA MECHANICAL CODE; THE 2013 EDITION
OF THE CALIFORNIA PLUMBING CODE; THE 2013
EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE;
AND THE 2013 EDITION OF THE CALIFORNIA ENERGY
CODE, 2013 EDITION OF THE CALIFORNIA GREEN
BUILDING STANDARDS CODE, 2013 EDITION OF THE
CALIFORNIA REFERENCED STANDARDS CODE, AND
THE 2013 EDITION OF THE CALIFORNIA RESIDENTIAL
CODE, TOGETHER WITH CERTAIN AMENDMENTS AND
DELETIONS TO SAID CODES, AMENDING SECTION
15.02.060 OF THE TEMECULA MUNICIPAL CODE
RELATING TO PENALTIES AND REMEDIES FOR
VIOLATIONS OF TITLE 15 OF THE CODE, BUILDINGS
AND CONSTRUCTION, 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, inclusive, of Chapter 15.04
of Title 15 of the Temecula Municipal Code are hereby 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, 2013 Edition, Volumes 1 and 2 (Part 2 of Title 24
of the California Code of Regulations), including, Appendix C-Agricultural Buildings,
and Appendix F — Rodent Proofing;
B. California Historical Building Code, 2013 Edition (Part 8 of Title 24 of the
California Code of Regulations);
C. California Existing Building Code, 2013 Edition (Part 10 of Title 24 of the
California Code of Regulations);
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D. California Electrical Code, 2013 Edition (Part 3 of Title 24 of the California
Code of Regulations);
E. California Mechanical Code, 2013 Edition (Part 4 of Title 24 of the
California Code of Regulations);
F. California Plumbing Code, 2013 Edition (Part 5 of Title 24 of the California
Code of Regulations);
G. California Administrative Code, 2013 Edition (Part 1 of Title 24 of the
California Code of Regulations);
H. California Energy Code, 2013 Edition (Part 6 of Title 24 of the California
Code of Regulations),
I. California Green Building Standards Code, 2013 Edition (Part 11 of Title
24 of the California Code of Regulations), including Appendix A4 Residential Voluntary
Measures and Appendix A5 Non Residential Voluntary Measures.
J. California Reference Standards Code, 2013 Edition (Part 12 of Title 24 of
the California Code of Regulations),
K. California Residential Code, 2013 Edition (Part 2.5 of Title 24 of the
California Code of Regulations). including Appendix J, Existing Building and Structures,
and Appendix O Gray Water Recycling System.
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, 2013 Edition, as adopted by this
Chapter.
A. Section 105.2 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 unless
supporting a slopped surcharge and garden walls not over four (4) feet in
height, measured from the top of footing to top of wall or impounding
flammable Class I, Class II or III-A liquids.
B. Section 105.3 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.
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C. Section 105.5 is amended to read as follows:
105.5 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 is suspended or abandoned at any time after the work is
commenced for a period of 180 days. Before such work can be
recommenced a new permit shall first be obtained by reinstatement of the
permit and the fee therefore shall be one half the amount required for
reinstating the permit for such work. When changes to any applicable
codes have been adopted, the permit may only be renewed after a review
has been made to certify that any new code requirements have been
incorporated into the plans and a new full permit fee has been paid.
D. Section 110.3.6 is amended to read as follows:
110.3.6 Fire and smoke resistant penetrations. 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
seals/fire barriers in fire assemblies at fire-resistant penetrations shall be
installed and certified by individuals with classification or certification
covering the installation of these systems and certification of compliance
shall be provided for building official's final approval.
E. Section 111.1 Use 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 resolution of the City Council.
F. Section 114.4.1 is hereby added to read as follows:
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 event 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
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fees and fine shall not relieve any person from fully complying with the
requirements of these building and construction regulations in the
execution of the work.
G. Section 501.2 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, shall be a minimum of eight (8)
inches in height. 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.
H. Section 903.2 is hereby amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems shall be
installed in all occupancies and locations greater than 3,600 square feet or
any structure requiring a fire flow requirement of 1,500 gpm or more. The
requirements supersede the requirements set forth in sections 903.2.1
through 903.2.12.
I. Section 903.2.11.1.1 is hereby amended to read as follows:
903.2.11.1.1 Opening dimension and access. Openings shall have a
minimum dimension of not less than 36 inches. Such openings shall be
accessible to the fire department from the exterior and shall not be
obstructed in a manner that the fire fighting or rescue cannot be
accomplished from the exterior.
J. Section 903.3.7 is hereby amended to read as follows:
903.3.7 Fire department connections. The location of the fire department
connections shall be approved and be located within 50-feet of a public or
approved fire hydrant by the fire code official. The fire department
connection height shall not be less than 36 inches or more than 48 inches
above grade to the inlets.
K. Section 903.4 is hereby amended to read as follows:
903.4 Sprinkler system supervision and alarms. All valves controlling the
water supply for automatic sprinkler systems, pumps, tanks, water levels
and temperatures, critical air pressures, and water-flow switches on all
sprinkler systems shall be electrically supervised by a listed fire alarm
control unit regardless of the number of sprinkler heads including interior
and exterior valves regardless of location or floor.
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L. Section 903.4.3 is hereby amended to read as follows:
903.4.3 Floor Control Valves. Approved supervised indication control
valves shall be provided at the point of connection to the riser on each
floor in all buildings and Group 1-2 occupancies. Valve locations will be in
the fire sprinkler riser room on each riser or on each floor level in an
accessible location.
M. Section 907.2.19 is hereby amended to read as follows:
907.2.19 Deep underground buildings. All underground buildings shall be
equipped throughout with /Oa manual fire alarm system, including an
emergency voice/alarm communication system installed in accordance
with section 907.6.2.2.
N. Section 912.2.1 is hereby amended to read as follows:
912.2.1 Visible location. Fire department connections shall be located on
the front access side of buildings, fully visible and recognizable from the
street or nearest point of fire department vehicle access or as otherwise
approved by the fire code official. The location of fire department
connections shall be approved and installed as follows:
1. Within 50-feet of an approved roadway or driveway and
arranged so that hose lines can be readily attached to the inlets without
interference from any nearby objects including buildings, fences, posts,
plantings, or other fire department connections and or otherwise approved
by the Fire Chief.
2. Within 50- feet of an approved hydrant.
3. So that the inlet height shall not be less than 36 inches or more
than 48 inches above grade.
4. Guard posts or other approved means may be required to
protect fire department inlet connections from vehicular damage.
O. Section 1506.1 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.
P. Section 1907.2 is hereby added to read as follows:
1907.2 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
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half inch minimum diameter, eight (18) inches in length. Embedment to
existing shall be a minimum of six (6) inches.
Q. Section 3109.4.1 is hereby amended to read as follows:
3109.4.1 Barrier height and clearances. 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.
R. The following Appendices are deleted in their entirety from the California
Building Code: Appendices A, B, D, E, G, H, I, J and K.
15.04.030 California Residential Code. The following Appendices are deleted
in their entirety from the 2013 California Residential Code, as adopted by this Chapter:
Appendices A, B, C, D, E, F, G, H, I J, K, L, M, N, P, Q, R.
15.04.040 California Electrical Code. The following amendments, additions
and deletions are made to the California Electrical Code, 2013 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.
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
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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. Table 300.5 is hereby amended to read as follows:
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:
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) may
be used in commercial applications regardless of mixed-use occupancy.
[THE REMAINDER OF SEC. 334.10 TO 334.12 SHALL REMAIN
UNCHANGED.]
F. Section 690.4 (A) is hereby amended to read as follows:
(A) Solar Photovoltaic Systems. Solar Photovoltaic Systems shall only be
installed by registered California Contractors License Board entities with a
valid A, B, C-10 or C-46 contractor license or the property owner. Valid
copies of the entity's City of Temecula Business License and California
Contractors License Board license shall be submitted on the plans.
The current carrying conductors of all sources of energy *shall be
designed to de-energize, and remain de-energized, from their respective
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source of energy generation when the utility-supplied service's main
breaker is opened (set to the "off' position) on the electrical system being
energized by the aforementioned sources of energy.
*For purposed of this section, "sources of energy" includes alternating
current, solar, wind, and fuel cell.
The point where the current carrying conductors are to be de-energized
and remain de-energized shall be immediately adjacent to the point of
energy generation or immediately adjacent to a combiner box, if so
equipped. This shall apply to all electrical system installations, regardless
of location of conductors inside or outside of any structures.
Solar systems not installed on roofs —
Foundation and/or footings size plans and substantiating design
calculations shall be submitted showing supporting member sizes,
dimensions, materials and the loads which will be imposed on the
foundation or footings. Where the supporting framework of the modules or
arrays is shown as part of the laboratory approved system, design
calculations will not be required for the supporting framework of the
modules or arrays provided they are included in the approved listing.
15.04.050 California Mechanical Code. The following amendments, additions
and deletions are made to the California Mechanical Code, 2013 Edition, as adopted by
this Chapter.
A. Section 111.1 is hereby added to read as follows:
111.1 Violations and violation penalties are subject to Section 15.02.060
and Chapters 1.20, 1.21, 1.24 and 8.12 of this Municipal Code.
B. Section 115 is hereby deleted in its entirety and superseded by Sections
15.02.010 through 15.02.080 of this Municipal Code. 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.
15.04.060 California Plumbing Code. The following amendments, additions
and deletions are made to the California Plumbing Code, 2013 Edition, as adopted by
this chapter:
Ords 13-09 8
A. Section 102.3.2 of Chapter 1 is amended by adding the following:
Violations, violation penalties, and remedies are subject to Sections
15.02.060 and Chapters 1.20, 1.21, 1.24 and 8.12 of this Municipal Code.
B. Section 103.4 of Chapter 1 is deleted in its entirety and superseded by
Sections 15.02.010 through 15.02.050 of this Municipal Code. 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.
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 of the California Building Code.
D. Section 719.5 is hereby amended to read as follows:
719.5 Access. 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.
E. Section 1203.3.2 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 thirty (30) minute 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 and
at not less than fifteen (15) minutes witnessed by the jurisdiction.
F. 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.
G. Section 1211.10 is hereby amended by adding the following:
Ords 13-09 9
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.
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.
H The following chapters are adopted in their entirety from the 2013
California Plumbing Code: Chapter 13, Health Care Facilities and Medical Gas and
Vacuum Systems; Chapter 16A, Non-Potable Water Reuse Systems.
I. The following appendices are adopted in their entirety from the 2013
California Plumbing Code, Appendix A, Recommended Rules for Signing the Water
Supply System; Appendix B, Explanatory Notes on Combination Waste and Vent
Systems; Appendix D, Sizing Storm Water Drainage; Appendix G, Gray Water Systems;
Appendix I, Installation Standards; Appendix K, Private Sewage Disposal Systems
J. The following appendix and Chapter are deleted in their entirety from the
2013 California Plumbing Code: Chapter 15, Firestop Protection; and Appendix L,
Alternate Plumbing Systems.
15.04.070 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
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the penalties and remedies set forth in Chapters 1.20, 1.21, 1.24 and 8.12 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.
15.04.080 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 15.02.060, Penalties, of the Temecula Municipal Code is
hereby amended to read as follows:
15.02.060 Violations—Penalties.
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 title. Violations, violation penalties and
remedies are subject to Chapters 1.20, 1.21, 1.24 and 8.12 of this code.
Section 3. 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 4. Urgency. The City Council finds that it is necessary, for the
immediate preservation of the public health, safety and welfare, that this Ordinance take
effect immediately. In the absence of immediate effectiveness, the 2013 California
Building Code will take effect on January 1, 2014, while the amendments to the
California Building Code adopted herein and providing greater protection to the public
health, safety and welfare, will not become effective until after said date, unless the
California Building Code and amendments to building standards therein, as set forth
herein, are adopted by urgency ordinance. Such a delay in adoption of more protective
building standards, which are primarily designed to protect the health, safety, and
welfare of persons within the City of Temecula, would result in less stringent building
standards being operative and would constitute an immediate threat to the public health,
safety and welfare until the new standards take effect. Therefore, the City Council
adopts this Ordinance as an urgency ordinance, effective immediately and operative on
January 1, 2014.
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Section 5. The City Clerk of the City of Temecula shall certify to the passage
and adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 10th day of December, 2013.
Michael S. Nag r, Mayor
ATTEST:
SusanW. Jones MMC
City Cle
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 13-09 was duly adopted and passed as an Urgency
Ordinance at a regular meeting of the City Council on the 10th day of December, 2013, by
the following vote:
AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Naggar
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Washington
ABSTAIN: 0 COUNCIL MEMBERS: None
usan W. Jones, MMC
City Clerk
Ords 13-09 12