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
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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
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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
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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
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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.
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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
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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
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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"
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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
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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.
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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.
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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
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