HomeMy WebLinkAbout16-13 CC Ordinance (Urgency) ORDINANCE NO. 16-13
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 2016 EDITIONS OF THE CALIFORNIA
BUILDING CODE; CALIFORNIA MECHANICAL CODE;
CALIFORNIA PLUMBING CODE; CALIFORNIA
ELECTRICAL CODE; CALIFORNIA ADMINISTRATIVE
CODE; CALIFORNIA ENERGY CODE; CALIFORNIA
GREEN BUILDING STANDARDS CODE; CALIFORNIA
HISTORICAL BUILDING CODE; CALIFORNIA EXISTING
BUILDING CODE; CALIFORNIA RESIDENTIAL CODE;
AND CALIFORNIA REFERENCE STANDARDS CODE;
TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS
AND DELETIONS TO SAID CODES AND DECLARING
THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
1 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 15.04.080 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, 2016 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, 2016 Edition (Part 8 of Title 24 of the
California Code of Regulations);
C. California Existing Building Code, 2016 Edition (Part 10 of Title 24 of the
California Code of Regulations);
D. California Electrical Code, 2016 Edition (Part 3 of Title 24 of the California
Code of Regulations);
E. California Mechanical Code, 2016 Edition (Part 4 of Title 24 of the
' California Code of Regulations);
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F. California Plumbing Code, 2016 Edition (Part 5 of Title 24 of the California
Code of Regulations);
G. California Administrative Code, 2016 Edition (Part 1 of Title 24 of the
California Code of Regulations);
H. California Energy Code, 2016 Edition (Part 6 of Title 24 of the California
Code of Regulations),
I. California Green Building Standards Code, 2016 Edition (Part 11 of Title
24 of the California Code of Regulations), including Appendix A4 Residential Voluntary
Measures, Appendix A5 Non Residential Voluntary Measures.
J. California Reference Standards Code, 2016 Edition (Part 12 of Title 24 of
the California Code of Regulations),
K. California Residential Code, 2016 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, 2016 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 sloped 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.
C. Section 105.5 is amended to read as follows:
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
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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 a third party,
state of California licensed fireproofing company and certification of compliance shall be
provided for building official's final approval.
E. Section 111.1 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 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 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
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must have as a minimum four (4) inch high letters. All letters must be placed upon a
tcontrasting background.
H. Section 903.2 is hereby amended to read as follows:
903.2 Where required. In all new buildings and structures which are 3,600
square feet or greater, an approved automatic sprinkler system shall be provided
regardless of occupancy classification. Where the Sections 903.2.1 — 903.2.19 of
the California Fire Code require more restrictive requirements than those listed
below, the more restrictive requirement shall take precedence. In addition the
following is required for existing buildings/structures:
A. 1 . All new tenants and new occupancies hereafter constructed,
which exceeds 3,600 square feet shall have an approved automatic
fire sprinkler system installed throughout therein.
2. All existing occupancies to which additions are made, where
either the addition itself or the building and the addition in total
exceeds 3,600 square feet, shall have an approved automatic fire
sprinkler system installed throughout therein.
3. Change of use or occupancy that exceeds 3,600 square feet
shall have an approved automatic fire sprinkler system installed
throughout therein.
B. Exception: Unless required elsewhere in this code or the
California Fire Code, automatic fire sprinkler systems shall not be required
for the following:
1. Detached Group U occupancies used for agricultural or livestock
purposes, less than 5,500 square feet, and having setback
distances of 50 feet or more from the property line and other
buildings.
2. Detached non-combustible equestrian arena shade canopies
that are open on all sides and used for riding only - no commercial,
assembly or storage uses.
3. Detached fabric or non-combustible shade structures that are
open on all sides and used to shade playground equipment,
temporary storage of vehicles and dining areas with no cooking.
4. Detached Group U occupancy greenhouses less than 5,500
square feet.
' 5. Where determined by the Fire Chief that no major life safety
hazard exists, and the fuel load does not pose a significant threat to
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firefighter safety or to other structures or property, automatic fire
sprinklers may be exempted.
C. One- and two-family dwellings shall have an automatic fire sprinkler
system regardless of square footage in accordance with the California
Residential Code. Fire sprinkler systems shall be installed in mobile
homes, manufactured homes and multifamily manufactured homes with
two dwelling units in accordance with Title 25 of the California Code of
Regulations.
The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3
b. Exception 2 in Section 903.2.11.3
I. Section 1505.1 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.
J. Section 1907A.2 is hereby added to read as follows:
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 (8)
inches in length. Embedment to existing shall be a minimum of six (6) inches.
K. Section 3109.4.1 is hereby amended to read as follows:
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 forty-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.
L. The following Appendices are deleted in their entirety from the California
' Building Code: Appendices A, B, D, E, G, H, I, J and K.
M. Chapter 29 is deleted in its entirety from the California Building Code.
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15.04.030 California Residential Code. The following Appendices are deleted
in their entirety from the 2016 California Residential Code, Title 24, Part 2.5:
Appendices A, B, C, D, E, F, G, H, I J, K, L, M, N, P, Q, R,S, T, U,V, and W.
15.04.040 California Electrical Code. The following amendments, additions
and deletions are made to the California Electrical Code, 2016 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, or 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, Location of Wiring Method or Circuit - 'Under a building'
is hereby amended to read as follows:
' 'Six (6) inches beneath the concrete slab', in all corresponding columns.
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E. Section 334.10 is hereby amended to read as follows:
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 Section 334.12.
No type NM, NMC, or NMS, or non-metallic sheathed cable (Romex)
usage in commercial applications regardless of mixed-use occupancy.
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 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, 2016 Edition, as adopted by
this Chapter.
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A. Section 106.3 is hereby amended to read as follows:
106.3 Penalties. Violations and violation penalties are subject to Section
15.02.060 and Chapter 1.20 of this Municipal Code.
B. Section 104.5 is hereby deleted in its entirety and superseded by Sections
15.02.010 through 15.02.080 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.
15.04.060 California Plumbing Code. The following amendments, additions
and deletions are made to the California Plumbing Code, 2016 Edition, as adopted by
this Chapter:
A. Section 106.3 of Chapter 1 is amended to read as follows:
106.3 Penalties. Violations and violation penalties are subject to Section
15.02.060 and Chapter 1.20 of this Municipal Code.
B. Section 104.5 of 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 211.0, 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 an approved air gap into a plumbing fixture, interceptor or receptacle which is
directly connected to the drainage system.
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.
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1 E. Section 1213.1 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 1211.7 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.
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.
G. The following chapters are adopted in their entirety from the 2016
California Plumbing Code: Chapter 13, Health Care Facilities and Medical Gas and
Vacuum Systems; Chapter 16A, Non-Potable Water Reuse Systems.
' H. The following appendices are adopted in their entirety from the 2016
California Plumbing Code: Appendix A, Recommended Rules for Sizing the Water
Supply System; Appendix B, Explanatory Notes on Combination Waste and Vent
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1 Systems; Appendix D, Sizing Storm Water Drainage; Appendix G, Gray Water Systems;
Appendix I, Installation Standards; Appendix H, Private Sewage Disposal Systems
I. The following appendix and Chapter are deleted in their entirety from the
2016 California Plumbing Code: Chapter 14, Firestop Protection; and Appendix C,
Alternate Plumbing Systems.
15.04.070 Penalties for violation of Chapter 15.04. Any person, firm,
partnership, or corporation violating any provision or 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.
15.04.080 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."
1 Section 2. 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 3. 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 2016 California
Building Standards Code will take effect on January 1, 2017, while the amendments to
the California Building Standards 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 Standards Code and amendments to building standards
therein, as set forth herein, are adopted by 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 effective immediately and operative on January 1, 2017.
' Section 4, 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.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of
1 Temecula this 13th day of December, 2016.
Michael S. Naggar, Mayor
ATTEST:
Ran ity Clerk
[SEAL]
1
Ords 16-13 11
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl , City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 16-13 was duly adopted and passed as an urgency ordinance at
a meeting of the City Council on the 13th day of December, 2016, by the following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, McCracken,
Rahn, Naggar
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
1
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