HomeMy WebLinkAboutORD 1344 (2007)ORDINANCE NO. 1344
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AMENDING SPECIFIED CHAPTERS OF ARTICLE 8 OF THE TUSTIN
CITY CODE TO ADOPT THE 2007 EDITIONS OF THE CALIFORNIA
CODES AND RELATED MODEL CODES WITH APPENDICES AND
AMENDMENTS THERETO
The City Council of the City of Tustin does ordain as follows:
Section 1
Sections 8100, 8101, 8102, 8103 and 8105 of Chapter 1 of Article 8 of the Tustin City
Code are hereby repealed in their entirety, and new Sections 8100, 8101, 8102, 8103 and
8105 of Chapter 1 of Article 8 are hereby added in place thereof to read as follows:
8100 ADOPTION OF THE 2007 CALIFORNIA BUILDING CODE APPENDIX CHAPTER
1
Except as provided in this chapter, Appendix Chapter 1 of the California Building Code
2007 Edition, based on the 2006 International Building Code as published by the
International Code Council, shall be and become the administrative code of the City,
providing for the administration and enforcement of the technical codes adopted by the
City. The 2007 California Building Code will be on file for public examination in the
Community Development Department.
8101 Amendment of the 2007 Edition of the Appendix Chapter 1 of the California Building
Code
The Appendix Chapter 1 of the 2007 California Building Code is hereby amended as
follows:
(a) Section 101.2 Scope, of Appendix Chapter 1 of the California Building Code is
amended to add a new second and third paragraph to read:
"The provisions of these codes shall apply to and affect all of the territory of the
City of Tustin, except work located primarily in a public way; public utility towers
and poles; mechanical equipment not specifically regulated in these codes;
hydraulic flood control structures; facilities for the production, generation, storage
or transmission of water or electrical energy by a local agency; and as exempted
by the Tustin Municipal Codes and Ordinances.
All Section numbers in this code shall be renumber with an A preceding the
section numbers"
(b) Section A101.2 of Appendix Chapter 1 of the California Building Code is
amended to delete the Exception to 101.2.
(c) Section A103.1 of Appendix Chapter 1 of the 2007 California Building Code is
Ordinance No. 1344
Page 2
amended to add the following sentences to read:
"Where referred to by this code, "building official" shall mean the Building Official
of the City of Tustin, and "Department of Building and Safety" or "department"
shall mean the Building Division of the Community Development Department of
the City of Tustin. Any and all classification, title changes, organizational
changes are made with respect to approvals thereto by the City Council."
(d) Section A104.6 of Appendix Chapter 1 of the 2007 California Building Code is
amended to add a second paragraph to read:
"When the Building Official or his authorized representative shall have first
obtained a proper inspection warrant or other remedy provided by law to secure
entry, no owner or occupant or any other persons having charge, care, of control
of any building or premises shall fail or neglect, after proper request is made as
herein provided, to promptly permit entry therein by the Building Official or his
authorized representative for the purpose of inspection and examination
pursuant to this code."
(e) Appendix Chapter 1 of the 2007 California Building Code is amended to add
Section A104.12 to read:
"A104.12 Emergency Abatement Authority
1. Authority. Whenever the Building Official determines that an imminent life
safety hazard exists that requires immediate correction or elimination, the
Building Official may exercise any or all of the following powers:
a. Order the immediate vacation of any occupants and prohibit
occupancy until all repairs are completed.
b. Post the premises as unsafe, substandard or dangerous.
c. Board, fence or secure the building or site.
d. Raze and grade that portion of the building or site to prevent further
collapse and remove any hazard to the general public.
e. Make minimal emergency repairs as necessary to eliminate any
imminent life safety hazard.
f. Cause any dangerous water, electrical, gas or plumbing connections to
be disconnected.
g. Take any other action as appropriate under the circumstances.
h. Recover the costs of these actions from the property owner.
Ordinance No. 1344
Page 3
2. Procedures. The Building Official shall comply with the following
emergency abatement procedures:
a. In determining the existence of an imminent life safety hazard, the
Building Official shall conduct an inspection of the hazard and issue a
brief written report identifying the nature, scope and condition of the
hazard.
b. The Building Official shall give notice, setting forth the imminent life
safety hazard found, to the owner, occupant, other responsible person
or authorized representative of the building, structure or site upon
which the hazardous condition exists. If the Building Official
determines that, under the circumstances, notice cannot be given or is
impractical, correction or abatement of the hazard can be commenced
without prior notice.
c. The level of correction or abatement as necessary to eliminate the
immediacy of the hazard shall be determined by the Building Official.
d. Correction or abatement of the imminent life safety hazard shall be
accomplished by the Public Works Department or building
maintenance resources of the City, whenever possible.
e. The Building Official may also pursue any administrative or judicial
remedy to abate any remaining public nuisance.
(f) Section A105.1 of Appendix Chapter 1 of the 2007 California Building Code is
amended to add Section A105.1.3, A105.1.4, A105.1.5 and A105.1.6 to read:
"A105.1.3 Grading and Private Improvement Permits. The Building Official
shall issue permits for grading of private property and for construction, demolition,
addition, alteration, and installation of improvements on private property. Private
improvements subject to permit requirements include: streets, parking lots, curb
and gutter, driveways, sidewalks, disabled access ramps and signage, street and
parking lot striping and signage, street and parking lot lighting, storm drains,
junction structures, catch basins, sewer mains and laterals, water mains and
services, landscaping irrigation, and miscellaneous on-site improvements as
determined by the Building Officia! and shall comply with Chapter 9 of the Tustin
City Code.
A105.1.4 Relocation of Buildings.
No building or structure shall be moved or relocated unless and until the necessary
permits to relocate the building or structure have been issued by the Building
Official. A report shall be prepared by a design professional registered in the state
of California to demonstrate that the structure will comply with Section 3408 of the
Building Code. This report shall include an analysis of the applicable Building
Code provisions and supporting engineering data based on the condition of the
Ordinance No. 1344
Page 4
structure and the site.
Upon request to relocate a building or structure and the submittal of the report, the
Building Official shall collect engineering fees from the owner, agent or
representative for an investigative engineering review and inspection as
established by resolution of the City Council. The Building Official shall determine
if the report comply with the Codes. In addition, if the building is to be moved into
the City, or relocated within the City, the investigative review and inspection shall
determine if the building will comply with the zoning and building code
requirements. The Building Official shall report in writing, all facts, judgments and
information, to advise the owner/representative, the requirements and conditions to
relocate the building.
A permit to relocate the building shall be issued to a Building Moving contractor,
(C-21) license. The relocation permit shall include, grading, building, electrical,
plumbing and mechanical permits, as necessary, and shall be issued for
necessary site work and/or building rework. Permits shall be issued after the
Building Official has approved drawings describing the scope of work to be
constructed, altered, or repaired to place the relocated building in such conditions
that it conforms to the requirements of the state ordinances, and the City Building
and Zoning Codes.
If the relocated building or structure would be unlawful, dangerous or defective and
there is no practical remedy or correction which can effectively be made in the
judgment of the Building Official, or the Building Official's conditions have not been
complied with, the relocation permit shall be denied.
The Building Official shall, in issuing any relocation permit, impose therein such
terms and conditions including a cash bond deposit or surety bond, as may be
necessary to ensure compliance with the requirements of all state laws, City
ordinances and of the City Building and Zoning Codes. The terms and conditions
upon which each permit is granted shall be specified in writing in the permit, or
appended in writing thereto.
Prior to permit issuance, a refundable cash deposit shall be collected. The cash
deposit is determined by valuation of the project. The cash deposit shall be Five
Thousand Dollars ($5,000.00); plus Two Dollars ($2.00) per square foot over one
thousand (1,000} square feet. In addition, the valuation of the improvement
permits shall be added to the cash deposit. The cash deposit will compensate the
City for the Building Official to demolish and dispose of the building or structure if
job is abandoned or to mitigate water quality violation per Tustin City Code Section
4900.
The building relocation permittee shall take out and maintain during the life of the
permit, such public liability and property damage insurance as shall protect the City
of Tustin, its elective and appointive boards, officers, agents and employees,
contractors and any subcontractors, from claims for damages to public and private
property, and for personal injury, including death, resulting from the operations
under the permit for building relocation, whether such operations are by the
permittee, or by anyone directly or indirectly employed by the permittee. The
amounts of said insurance shall be as follows:
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a. Public Liability Insurance. In an amount not less than Five Hundred
Thousand Dollars ($500,000.00) for injuries, including, subject to the same limit for
each person, in an amount not less than One Million Dollars ($1,000,000.00) on
account of any one occurrence.
b. Property Damage Insurance. In an amount of not less than Two Hundred
Thousand Dollars ($200,000.00) for damage to City property, or the property of
each person on account of any one occurrence.
The contractor shall furnish satisfactory proof of carriage of the insurance required,
a certificate of insurance by the insurance carrier naming the City of Tustin and its
employees as additional insured, and legal assurance that each carrier will give the
City at least thirty (30) days prior written notice of the cancellation of any policy
during the effective period of the permit. The insurance certificate shall be as
prescribed by the City of Tustin.
Bond Condition. Every cash bond or surety bond in the amount determined by the
Building Official deposited pursuant to this Section shall be conditioned as follows:
a. That each and all of the terms and conditions of the relocation permit shall
be completed as approved by the Building Official.
b. That all of the work required to be done pursuant to the conditions of the
relocation permit, shall be fully performed and completed within the time
limit specified in the relocation permit; or if no time limit is specified, within
ninety (90) days after issuance of permit. The time limit herein specified, or
the time limit specified in any permit, may be extended for good and
sufficient cause beyond the control of the permittee, by the Building Official.
No such extension shall be a release from any cash bond or insurance
policy.
Default in Performance.
a. If the Building Official finds that a default has occurred in the performance
of any term or condition of any permit, written notice (certified mail, return
receipt requested) thereof shall be given to the owner and/or permittee.
b. Such notice shall specify the work to be done, the estimated cost thereof,
and the period of time deemed to be reasonably necessary for the
completion of such work.
c. After receipt of such notice, the owner and/or permittee thereof specified
shall cause the required work to be performed. Should the owners refuse
or fail therein, the Building Official shall, with no liability to the City or its
employees, proceed by such method to cause the building to be
demolished or completed.
d. Should the building, while being moved, be deemed abandoned in the
public right-of--way and to be dangerous to the public, the Building Official
shall, with no liability to the City or its employees, proceed to cause the
building to be removed from the public right-of-way, including demolition.
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e. Should the building, while being moved, be abandoned on public or private
property and the property owner request the Building Official to remove or
dispose of the building, the Building Official shall endeavor to have the
building owner and/or permittee move or dispose of the building. The
Building Officia! shall, after reasonable time (but no less than thirty (30)
days), and with no liability to the City or its employees proceed to cause the
budding to be demolished or the required work to be performed and
completed."
A105.1.5 Demolition of Building or Structure, including in ground swimming
pool.
No building or structure, including in ground swimming pool, shall be demolished
unless and until the necessary permits to demolish the building or structure have
been issued by the Building Official.
Prior to issuing any permits, the Building Official will ensure life and property is
reasonably protected. A refundable cash deposit or surety bond shall be collected,
to reimburse the expenses to the City should the Building Official be required to
demolish the building or structure or any portion remaining thereof, and dispose of
the debris in a public dump and/or to repair or clean public property damaged or
not cleaned by the permittee or to mitigate water quality violation per Tustin City
Code Section 4900.
The cash deposit or surety bond shall be Five Thousand Dollars ($5,000.00) plus
Two Dollars ($2.00) per square foot for each square foot over one thousand
(1,000) square feet.
The Building Official shall, in issuing any demolition permit, impose therein such
terms and conditions, including a cash bond deposit or surety bond, as may be
necessary to ensure compliance with the requirements of all federal, state laws
and City ordinances. The terms and conditions upon which each permit is granted
shall be specified in writing in the permit, or appended in writing thereto.
Default in Performance
a. If the Building Official finds that a default has occurred in the performance
of any term or condition of the demolition permit, or has soiled or damaged
public property, written notice thereof shall be given to the owner and/or
permittee.
b. Such notice shall specify the work to be done, the estimated cost thereof,
and the period of time deemed by the Building Official to be reasonably
necessary for the completion of such work.
c. After receipt of such notice, the owner and/or permittee thereof specified
shall cause the required work to be performed. Should the owner refuse or
fail therein, the Building Official shall proceed to cause the building to be
demolished but no liability shall be incurred therein, other than for City
expenses deducted from the cash deposit.
d. Upon completion of the demolition work, the cash deposit shall be refunded
Ordinance No. 1344
Page 7
or surety bond shall be released, less that portion required to reimburse the
City for demolition, repairs, or clean-up expenses due to the default of the
permittee.
A105.1.6 Permit exemption. Permits are required for installations described in
all codes adopted by reference unless specifically exempted by these codes or
by the Building Official for proper cause on an individual case basis after
consideration of all circumstances and facts presented. Exemptions from permit
requirements of this code shall not be deemed to grant authorization for any
work to be done in any manner in violation of the provisions of this code or any
other laws or ordinances of this jurisdiction."
(g) Section A105.2 of Appendix Chapter 1 of the 2007 California Building Code, is
modified as follows:
1. Amend Section A105.2 Building item 1 to read:
"1. One story detached accessory structures used as tool and storage
sheds, patio and pool supply sheds, free standing vehicle covers, BBQ or
stand-alone fireplaces not exceeding 6 feet above grade, playhouses and
simila2 uses, provided the floor area does not exceed 120 square feet
(1.1 m) and conforming with the Zoning Code. A correctly dimensioned
site plan depicting the property lines, location, elevation, colors and finishing
surface shall be submitted to the City Planning Division for review and
approval. Electrical, plumbing, mechanical, plumbing and grading permits
where applicable are not exempt."
2. Amend Section A105.2 Building item 2 to read:
"2. Fences, block walls, wood, steel, or iron fences 3 feet and over in
height but less than 6 feet above finished grade supported by natural grade,
or retaining walls 2 feet and over in height above finished grade. A correctly
dimensioned site plan depicting the property lines, location, elevation, color
and finishing surface shall be submitted to the City Planning Division for
review and approval. A no-inspection building permit will be issued upon
approval and permit issuance fee only shall apply."
3. Amend Section A105.2 Building item 11 to read:
"11. Swings and other playground equipment. Exemptions from permit
requirements of this code for playground equipment shall not be deemed
to grant authorization for any work to be done in any manner in violation of
the provisions of this code or any other state laws or ordinances of this
jurisdiction and equipment is subject to City review and approval when
otherwise required by state or local laws, regulations or standards."
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Page 8
4. Amend Section A105.2 Plumbing item 2 to read:
" 2. The clearing of stoppages or the repairing of leaks in pipes, valves
or fixtures, nor the removal and reinstallation or replacement of water
closets, sinks, garbage disposals or dishwashers, provided such work
does not involve or require the replacement or rearrangement of valves,
pipes or fixtures and is in conformance with this code and applicable state
laws."
(h) Section 105.3.2 of Appendix Chapter 1 of the 2007 California Building Code is
deleted and amended to read:
"A105.3.2 Time limitation of application. Applications for a permit for any
proposed work for which no permit is issued shall be deemed to have expired
360 days after the date of filing unless otherwise limited by the Code. The
Building Official is authorized to grant one extension of time for action by the
applicant for a period not exceeding 180 days. The extension shall be requested
in writing and justifiable cause demonstrated. Plans and other data submitted
for review may thereafter be returned to the applicant or destroyed by the
Building Official. When required by state law or City ordinance, permit
applications shall be amended to comply with pertinent state laws and City
ordinances adopted subsequent to the date of application.
Time limitation for permit application and subsequent extension as the result of
code enforcement cases shalt be thirty (30) days from the date the notice of
violation is issued or otherwise determined by the Building Official. Building
Official may not grant any extension.
A105.3.2.1 Time limitation for existing applications. Applications for a permit
for any proposed work submitted after September 1, 2007 and before January 1,
2008 shall be subject to the time limitations of application and other provisions
set forth in Section A105.3.2."
(i) Section A105.5 of Appendix Chapter 1 of the 2007 California Building Code is
amended to add a sentence and the end of the paragraph and second
paragraph to read:
"Permits shall not be extended more than twice.
Time limitation for permit as the result of code enforcement cases shall be thirty
(30) days or otherwise determined by the Building Official. Building Official may
not grant any extension."
(j) Section A105.7 of Appendix Chapter 1 of the 2007 California Building Code is
amended to read:
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Page 9
"A105.7 Placement of permit and Inspection record card. The building permit
or copy and the inspection record card shall be kept on site and maintained
available by the permit holder until final approval has been granted by the
Building Official."
(k) Appendix Chapter 1 of the 2007 California Building Code is amended to add
Section 105.8 to read:
"A105.8 Dwelling remodeling. The following regulations and definitions shall
apply to ail remodeling construction on dwellings and properties:
1. Completion of construction. All building permits for residential
remodeling shall expire in accordance with the provisions of the building code if
work is not commenced within one hundred eighty (180) days from the date of
such permit, or if the work authorized by permit is suspended or abandoned, for
one hundred eighty (180) days at any time after the work is commenced.
Notwithstanding the above, and subject to the provisions for extensions provided
in subsection 2 below, all residential remodeling shall be completed by the
owner, owner's agent, or the permittee and approved by the City within the
following time frame:
a. Room additions (exterior of buildings and property area) 18 months
b. Pools/spas 12 months
c. Patio covers 6 months
d. Water heaters, water softeners 6 months
e. Fireplaces fi months
f. Skylights 6 months
g. All other remodeling or building air conditioners 6 months
2. Extensions. Upon written request of the owner or permittee, the Building
Official and/or his/her designated representative may extend the period for
completion of construction in writing for a period not to exceed one hundred
eighty (180) days. The written request must demonstrate that (1) due to
circumstances beyond the owner's or permittee's control, construction could not
be completed in the one-year construction period; (2) that reasonable progress
has been made; (3) that the condition of the property presents no health or
safety hazard; and (4) that the continued delay will not create any unreasonable
visual or physical detriment to the neighborhood. The decision of the Building
Official may be appealed to the City Council by any person who owns property or
resides within three hundred (300) feet of the boundaries of the subject property.
Ordinance No. 1344
Page 10
Any extension beyond one hundred eighty (180) days must be approved by the
Planning Commission. The Planning Commission's decision regarding approval
or denial of the application for additional extension shall be based upon the
applicant's ability to demonstrate the same factors required for the initial
extension of the building construction period.
3. Maintenance of property during remodeling. During remodeling, all
property shall be maintained in a reasonable clean and well-kept manner. All
lumber and building materials shall be neatly piled or stacked in a safe manner
and store in the rear yard of the residential property or inside of the building
construction perimeter except that building materials may be stored in a front
yard for a period not to exceed thirty (30) days. Properties shall be secured by
fencing when the Building Official determines fencing is necessary for public
safety and welfare.
Exterior walls and roofs of buildings shall be covered with finished materials, in
accordance with City-approved plans and the Building Code within six (6) months
from the commencement of construction. A written waiver of this requirement
may be obtained from the Building Official if the construction is screened from
view from adjacent occupied or public property with fencing materials approved
by city zoning and building regulations.
4. Definitions.
a. Remodeling. "Residential remodeling construction" is defined as
construction of work which constitutes construction, enlargement,
alteration, erection, repair, demolition or improvement, of an existing
residential structure or other improvement located on residential property.
b. Reasonable progress. "Reasonable progress" shall mean a
demonstration that all means reasonably available to the permittee to
complete the work within the prescribed time have been exhausted."
(I) Appendix Chapter 1 of the 2007 California Building Code is amended to add
Section A105.9 to read:
"A105.9 Change of contractor or of ownership. A permit issued hereunder
shall expire upon a change of ownership or a change of contractor for the
building, structure or grading for which said permit was issued if the work thereon
has not been completed, and a new permit shall be required for the completion
of the work. If no changes have been made to the plans or specifications last
submitted to the Building Official, a permit issuance fee as set forth in the City's
fee resolution shall be charged to the permit applicant. If changes to the plans or
specifications have been made, the Building Official shall determine appropriate
permit and plan check fees in accordance with the City's fee resolution."
Ordinance No. 1344
Page 11
(m) Appendix Chapter 1 of the 2007 California Building~Code is amended to add
Section A105.10 to read:
"A105.10 Subcontractors. At the time of permit issuance, the applicant shall
complete a form provided by the Building Division, which lists all subcon#ractors,
and shows verification of workers' compensation insurance, State contractor
license and license category, City business license and Federal tax identification
number. No person shall contract orsub-contract construction work without a
valid contractor's license pursuant to applicable provisions of the State of 2007
California Business and Professions Code.
In the event that the applicant cannot provide a complete list of valid
subcontractors at the time of permit issuance, the applicant shall provide to the
City, within a reasonable period of time after award of each permit. Failure to
provide timely valid and current sub-contractor listings shall result in the permit
applicant paying a penalty for default to the City in an amount equal to the
original permit fee for each sub-contractor violation in order to defray City costs
of enforcement of this section. Failure to remit penalty payment shall constitute
a violation of this code, punishable as a misdemeanor under the City charter."
(n) Section A106.1.2 of Appendix Chapter 1 of the 2007 California Building Code is
deleted and amended to read:
"A106.1.2 Means of egress. The construction documents shall show in
sufficien# detail the location, construction, size and character of all portions of the
means of egress in compliance with the provisions of this code. In Group A
occupancies, the construction documents shall designate the number of
occupants to be accommodated on every floor, and in all rooms and spaces."
(o) Section A108.2 of Appendix Chapter 1 of the 2007 California Building Code is
deleted and amended to read:
"A108.2 Schedule of plan check and permit fees. A fee for each building,
electrical, plumbing, mechanical or grading permit shall be paid as established
by City Council resolution in effect at the time of issuance of the permit.
A108.2.1 Permit fees. The fee for each permit shall be as set forth in the fee
schedule established by City Council resolution in effect at the time of issuance
of the permit.
A108.2.2 Plan check fees. When submittal documents are required by 2007
California Building Code Appendix Chapter 1 Section A106.1, a plan check fee
shall be paid at the time of submitting the documents for plan check. Said plan
check fees shall be as set forth in the fee schedule established by City Council
resolution in effect at the time of plan check submittal.
Ordinance No. 1344
Page 12
The plan check fees specified in this section are separate fees from the permit
fees specified in Section A108.2.1 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 A106.3.4.2, an additional plan check fee shall be charged as
set forth in the fee schedule established by the City Council resolution in effect at
the time of the additional or defined plan check submittal.
A108.2.3 Engineering or inspection investigation fees. Whenever work for
which a permit is required by this code has been commenced without first
obtaining a permit, the Building Official may require an investigation by city's
planning, engineering and inspection staff be made before a permit may be
issued for such work.
An investigation fee, in addition to the permit fee, shall be collected whether or
not a permit is then or subsequently issued for city's cost of investigation by
planners, engineers, and inspectors. The payment of such investigation fee shall
not exempt an applicant from compliance with all other provisions of either this
code, or the technical codes nor from the penalty prescribed by law.
A real estate investigation fee, as set by the City Council resolution, may also be
charged for any investigation of a building, structure, or property, when approved
by the Building Official and requested by an owner or authorized agent of such
owner."
(p) Section A108.3 of Appendix Chapter 1 of the 2007 California Building Code is
deleted and amended to read:
"A108.3 Building permit valuations. The determination of value or valuation
under any of the provisions of these codes shall be made as set forth in the fee
schedule established by City Council resolution in effect at the time of plan check
submittal. The value to be used in computing the building permit and building
plan check fees shall be the total value of all construction work, including
materials and labor, for which the permit is issued as well as all finish work,
painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-
extinguishing systems and other permanent equipment. If, in the opinion of the
Building Official, the valuation is underestimated on the application, the permit
shall be denied, unless the applicant can show detailed estimates to meet the
approval of the Building Official. Final building permit valuation shall be set by
the Building Official based on the current edition of the Marshall Valuation
Service published by Marshall & Swift/Boeckh, LLC., RS Means Cost Data
published by Reed Construction Data, or other nationally recognized standards."
(q) Section A108.6 of Appendix Chapter 1 of the 2007 California Building Code is
deleted and amended to read:
Ordinance No. 1344
Page 13
"A108.6 Refunds. The Building Official may authorize refunding of a fee paid
hereunder which was erroneously paid or collected.
The Building Official may authorize refunding not more than 80 percent of the
permit fee paid when no work has been done under a permit issued in
accordance with this code.
The Building Official may authorize refunding of not more than 80 percent of the
plan check fee paid when an application for a permit for which a plan check 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 permittee not later than 360 days after the
date of fee payment or as otherwise required by law."
(r) Section A109.1 of Appendix Chapter 1 of the 2007 California Building Code is
amended by adding Section A109.1.1 to read:
"A109.1.1 Structural tests, special inspections and structural observation.
Structural tests, special inspections and structural observation shall comply with
the provisions of Chapter 17 of the Building Code."
(s) Section A109.3 of Appendix Chapter 1 of the 2007 California Building Code is
amended to read:
"A109.3 Required inspections. The building official, upon notification, shall
make the inspections set forth in this Section.
A109.3.1 Pre-Construction Inspection. Apre-construction inspection shall be
conducted prior to start of construction for all projects involving new buildings
and additions to non-residential structures unless waived by the Building Official.
A109.3.2 Grading, excavation and filling inspection. Inspection shall be
conducted during earthwork, excavations, grading and filling operations to satisfy
requirements of Chapter 18 and Appendix J of the California Building Code, Tustin
City Code Grading and Excavation Chapter, and the Grading Manual and in
accordance with Section 1704.7 of the Building Code.
A109.3.3 Footing and foundation inspection. Footing and foundation
inspections shall be made after excavations for footings are complete and any
required reinforcing steel is in place. For concrete foundations, any required
forms shall be in place prior to inspection. Materials for the foundation shall be
on the job, except where concrete is ready mixed in accordance with ASTM C
94, the concrete need not be on the job.
Ordinance No. 1344
Page 14
A109.3.4 Concrete slab and under-floor inspection. Concrete slab and under-
floor inspections shall be made after in-slab or under-floor reinforcing steel and
building service equipment, conduit, piping accessories and other ancillary
equipment items are in place, but before any concrete is placed or floor
sheathing installed, including the subfloor.
A109.3.5 Lowest floor elevation. In flood hazard areas, upon placement of the
lowest floor, including the basement, and prior to further vertical construction, the
elevation certification required in Section 1612.5 shall be submitted to the
building official.
A109.3.6 Frame inspection. Framing inspections shall be made after the roof
deck or sheathing, all framing, fireblocking and bracing are in place and pipes,
chimneys and vents to be concealed are complete and the rough electrical,
plumbing, heating wires, pipes and ducts are approved.
A109.3.7 Lath and gypsum board inspection. Lath and gypsum board
inspections shall be made after lathing and gypsum board, interior and exterior,
is in place, but before any plastering is applied or gypsum board joints and
fasteners are taped and finished.
Exception: Gypsum board that is not part of afire-resistance-rated
assembly or a shear assembly.
A109.3.8 Fire-resistant penetrations. Protection of joints and penetrations in
fire resistance-rated assemblies shall not be concealed from view until inspected
and approved.
A109.3.9 Energy efficiency inspections. Inspections shall be made to
determine compliance with Chapter 13 and shall include, but not be limited to,
inspections for: envelope insulation R and U values, fenestration U value, duct
system R value, and HVAC and water-heating equipment efficiency.
A109.3.10 Other inspections. In addition to the inspections specified above, the
building official is authorized to make or require other inspections of any
construction work to ascertain compliance with the provisions of this code and
other laws that are enforced by the department of building safety.
A109.3.11 Special inspections and special inspectors. For special
inspections, see Section 1704. Special Inspection shall be performed by
individuals with demonstrated qualifications approved by the Building Official and
listed by the Building Division.
A109.3.12 Final inspection. The final inspection shall be made after all work
Ordinance No. 1344
Page 15
required by the building permit is completed."
(t) Section A110.1 of Appendix Chapter 1 of the 2007 California Building Code is
amended by the addition of the second paragraph to read:
"A change in the use or occupancy of any existing building or structure shall
comply with the provisions of Section 3406 of the Building Code."
(u) Section A112.1 of Appendix Chapter 1 of the 2007 California Building Code is
deleted and amended to read:
"A112.1 General. The Board of Appeals for the City of Tustin shall consist of five
members, comprised of members of the Planning Commission. Said members
shall hold their respective membership on said Board of Appeals by reason of, and
concurrently with their terms of service as Planning Commissioners and shall
cease to be such members upon their ceasing to be such Commissioners. The
Building Official shall be the Secretary of the Board.
The Board of Appeals may adopt reasonable rules and regulations for conducting
its investigations and shall render its decisions and findings on contested matters,
in writing to the Building Official, with a duplicate copy thereof to any appellant or
contestant affected by any such decision or findings, and may recommend to the
City Council such new legislation, if any, as is consistent therewith.
Three members of the Board of Appeals shall consti#ute a quorum. The
Chairperson of the Planning Commission shall be the presiding officer of the Board
and in the Chairpersons' absence the Vice Chairperson of the Commission shall
serve as the presiding officer. Notices of meetings of the Board of Appeals shall
be given by at least three days notice delivered to each member personally or by
registered mail; provided, however, that any meeting of the Board of Appeals shall
be legal for any purpose if the written consent of all of the members of the Board
of Appeals to such meeting is executed and filed in the records of the Board of
Appeals. The Board of Appeals shall hold meetings at its pleasure.
The Board of Appeals shall have the right, subject to such limits as the Building
Official may prescribe, to employ at the cost and expense of the City, such
qualified individuals as the Board of Appeals, in its discretion, may deem
reasonably necessary to assist in its investigations and in making findings acid
decisions."
The Board of Appeals shall render decisions by majority vote in response to city
staff reports.. Minutes of all proceedings shall be maintained by City staff.
All Board of Appeals decisions and findings shall be transmitted in writing to the
appellant. The Building Official shall maintain a full set of records for each case.
A112.1.1 Application. Applicants for a hearing before the Board of Appeals
shall pay a fee in the amount set by City Council resolution prior to administrative
Ordinance No. 1344
Page 16
processing for any proceedings. The applicant shall complete the established
City application form for an appeals hearing along with submittal of required fees.
Applicants for a Board of Appeals hearing shall be notified at least one (1) week
prior to any hearing or proceedings concerning their case. The applicant shall be
given the opportunity to present hislher case at any proceedings involving their
applications."
(v) Section A112.2 of Appendix Chapter 1 of the 2007 California Building Code is
deleted and amended to read:
"A112.2 Limitations on authority. An application for appeal shall be based
on a claim that the true intent of this code or rules legally adopted thereunder
have been incorrectly interpreted, the provisions of this code do not fully apply or
an equally good or better form of construction is proposed. The board shall have
no authority relative to interpretation of the administrative provisions of this code
or to waive requirements of this code."
(w) Section A113.1 of Appendix Chapter 1 of the 2007 California Building Code is
deleted and amended to read:
"A113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation
to erect, construct, alter, extend, repair, move, remove, demolish or occupy any
building, structure or equipment regulated by this code, or cause same to be
done, in conflict with or in violation of any of the provisions of the codes and
ordinances adopted by the City of Tustin."
(x) Section A113.4 of Appendix Chapter 1 of the 2007 California Building Code is
deleted and amended to read:
"A113.4 Violation Penalties. No person, firm, or corporation shall violate any
provision, or fail to comply with any of the provisions of this Code, or of any Code
adopted herein by reference. Any person violating any of the provisions or failing to
comply with any of the mandatory requirements of this Code, or any Code adopted
by reference herein, unless otherwise specified in this Code, shall be guilty of an
infraction or misdemeanor as set forth in Part 2 of Chapter 1 of Article 1 of the
Tustin City Code, entitled Penalty Provisions.
Each such person, firm, or corporation violating any provision or failing to comply
with any of the requirements shall be guilty of a separate offense, and each day
during any portion of which any violation of any provision of this Code, or any Code
adopted by reference herein, is committed, continued or permitted by such person,
shall constitute a separate offense, and shall be punishable accordingly. Provided
further that each such person violating a provision which limits the time an act may
be permitted or continued, each such period or portion thereof of which any
violation of such provision is committed, continued or permitted by such person
shall constitute a separate offense, and shall be punishable accordingly.
Ordinance No. 1344
Page 17
In addition to the penalties hereinabove provided, any condition caused or
permitted to exist in violation of any of the provisions of this Code, or of any Code
adopted by reference herein, may be deemed a public nuisance and may be
summarily abated as such by the City, and each day such condition continues
shall be regarded as a new and separate nuisance and offense."
(y) Sections A115.1, A115.2, A115.3, A115.4 and A115.5 of Appendix Chapter 1 of
the 2007 California Building Code are deleted and amended, and Sections 115.6
through 115.11 are added to read:
"A115.1 Unsafe buildings, structures, equipment and nuisances. All
buildings, structures or existing equipment which are structurally unsafe,
unsanitary or deficient because of inadequate means of egress facilities,
inadequate light and ventilation, or which constitute a fire hazard, or are
otherwise dangerous to human life or the public welfare, or that involve illegal or
improper occupancy or inadequate maintenance, constitute a hazard to safety or
health, or public welfare, by reason of inadequate maintenance, dilapidation,
specified in statute, are, obsolescence, fire hazard or abandonment, as this
division or in any other effective ordinance or for the purpose of this section,
unsafe buildings, structures or equipment and constitute an unsafe condition. All
such unsafe conditions or buildings or structures or equipment are hereby
declared to be public nuisances and may be abated by repair, rehabilitation,
improvement, removal, demolition, in whole or part, in accordance with the
procedures specified in this section or by any other legal means.
A115.2 Inspection. The Building Official shall examine or cause to be
examined every building or structure or equipment or portion thereof or other
condition reported as unsafe, dangerous, damaged or otherwise constituting a
hazard as set forth in the Tustin City Code enforced by the Building Division.
Said inspection shall be conducted in accordance with the provisions of Tustin
City Code, other applicable statutes, and the ordinances, rules and regulations of
State of California and City of Tustin.
A115.3 Notice of defects; time and place of hearing. In any case where this
section is made applicable by reference, or if any building or structure or
equipment, in whole or part, is found to be an unsafe building, structure or
equipment as defined in this section, the Building Official shall give notice setting
forth the defects found to the owner, other responsible person or authorized
representative, hereinafter referred to as "owner," of such building or structure or
equipment. The notice shall set forth the right of the owner to be present at the
hearing, at the owner's option, and introduce such relevant evidence on the
issues as the owner desires. The notice shall also set forth the requirements of
commencement and completion of work and the effect of failure to do so as set
forth in this Code.
Ordinance No. 1344
Page 18
A115.4 Time and place of hearing; evidence. The notice shall set forth the
time and place a hearing shall be had before the Building Official at the time and
place so specified. Evidence shall be submitted as to the facts of any such
defects as to reasonably establish their existence and shall be made available to
the building owner prior to the hearing: the Building Official shall determine
whether the facts so established constitute an unsafe building or structure or
equipment; and evidence may further be submitted as to the repairs,
rehabilitation, improvements or demolition considered necessary to correct said
defects.
A115.5 Order, finality, appeal.
1. At the hearing and upon the determination of the existence of defects, the
Building Official shall determine whether such defects as defined by
Section A115.1 are subject to repair, rehabilitation or improvement or
whether they are part of such nature as to require removal or demolition of
apart of or the whole of any such building or structure or equipment; and
he shall order such repairs, rehabilitation, improvements or demolition as
is considered necessary in the case.
2. The determination and order may be made orally at the hearing and shall
be written and transmitted to the owner within a reasonable time; the
determination and order shall become final within ten (10) working
daysfrom the time it is first rendered, or in the event that the owner was
not present at the hearing, within ten (10) working days of the mailing of
the order at the last-known address of said owner, responsible party or
representative, whichever first occurs.
3. Appeal. The owner may, at any time prior to the determination and order
becoming final as heretofore set forth, appeal the decision of the
Building Official to the Planning Commission of the City of Tustin. The
Building Official shall set a time and place therefore and hold a hearing
and shall thereupon make a determination and order affirming, reversing
or modifying the determination and order of the Building Official as the
Planning Commission may deem proper. The order of the Planning
Commission shall be immediately final.
A115.6 Commencement and completion of work. The owner shall, upon the
expiration of ten, (10) working daysfollowing the finality of the determination and
order of the Building Official (or, if appealed the determination and order of the
Planning Commission of the City of Tustin) commence the repairs, rehabilitation,
improvements, removal or demolition ordered; and such work shall be completed
within ninety (90} days from the commencement thereof, or sooner if so ordered
by the Building Official or upon order on appeal.
Ordinance No. 1344
Page 19
A115.7 Failure of commencement of work. If the owner neglects or fails to
commence, within the time provided therefore, activity and the corrective work
deemed necessary and as ordered, the Building Official may cause the ordered
repairs, rehabilitation or improvements to be performed forthwith; and the cost
thereof maybe a charge and expense against the owner personally and
collectible by an action at law, or initiate legal action allowed by law to gain
compliance.
A115.8 Right to demolish. In case the owner shall fail, neglect or refuse to
comply with the notice or order to remove or demolish said building or structure
or portion thereof, the Appeals Board of the City of Tustin may order the Building
Official to proceed with the work specified in the notice or order. A statement of
the cost of such work shall be transmitted to the City Council, who shall cause
the same to be paid and levied as a special assessment against the property or
collected by any other available legal means. The Building Official may apply to
the City Council for an order under this subsection to proceed with the work
specified in subsection G above when such work is not deemed by him to require
emergency action.
A115.9 Incurred costs. Costs incurred under subsections G and H shall be
paid by the City, but shall be charged to the owner of the premises involved. The
Building Official may apply to the City Council to cause the costs for such work
specified in subsection G, and shall make such application for costs incurred
under subsection H, to be paid and levied as a special assessment against the
property and collected in the manner provided for special assessments or by any
other legal means.
A115.10 Vacation of premises, posting of signs. If necessary, the notice
shall require the building or structure or portion thereof or other site to be
vacated forthwith, and within the time specified, in the interest of immediate
public safety pending the finality of any determination and order.
The Building Official shall cause to be posted at each entrance to such building a
notice containing at least the following:
UNSAFE TO OCCUPY
DO NOT ENTER
BUILDING DIVISION
Date Posted
Said notice may also contain the date, time and place of the hearing and tl7e
name, address and telephone number of the office or Building Official where
additional information may be obtained.
Ordinance No. 1344
Page 20
Such notices shall remain posted until the corrected conditions, required repairs,
rehabilitation, improvements, removal or demolition are completed and a
certificate of occupancy is issued as set forth in this Code.
Such posted notices shall not be removed without written permission of the
Building Official, and no person shall enter the building except for the purpose of
making the required repairs or of demolishing the building.
A115.11 Service of Notices. The notices by this section may be served either:
1. By delivering a copy to the owner or authorized representative as designated
on papers, applications or permits on file with the Building Official, personally;
or
2. If either or both be absent from the place of residence or from usual or
designated place of business, if known, by leaving a copy with some person
of suitable age and discretion at either place, and sending a copy by certified
mail, return receipt requested, addressed to the owner or authorized
representative at his place of residence; or
3. If such place of residence and business cannot be ascertained or a person of
suitable age and discretion there cannot be found, then by affixing a copy in a
conspicuous place on the property, building or structure, and also delivering a
copy to a person there residing, if any or to the person in charge, if any; and,
also sending a copy by certified mail, return receipt requested, addressed to
the owner at the place where the property, building or structure is situated or
to the owner at the last-known or designated address, or both."
(z) Transportation System Improvement Development Fee:
1. In addition to any other changes or improvement requirements, there
shall be a special fee required as a condition precedent to the issuance of
certain building permits for construction or improvement on those
properties lying at least partially within any portion of the City designated
by resolution of the City Council as a Transportation System Improvement
Program Area.
2. The Building Official shall require the payment of a special fee in the
amount established and regulated by resolution of the City Council within
a Transportation System Improvement Program Area before a building
permit will be issued when an application for a building permit indicates
the following:
a. A construction or improvement project which will result in a new
building or structure, or an increase in floor area on a parcel of land
Ordinance No. 1344
Page 21
which lies wholly or partially within the boundaries of a
Transportation Improvement Program Area; and
b. The estimated cost of the proposed construction or improvement,
as determined by the Building Official will exceed thirty thousand
dollars ($30,000) For purposes of this section the valuation per
square foot shall not exceed that listed in the latest edition of
"Building Standards Magazine" containing a building valuation data
chart.
3. The following construction and improvement projects are specifically
excluded from the requirements of the section.
a. Construction of single-family residential units and accessory
structures.
b. Tenant improvements and maintenance work which will not
increase the floor area of existing structures.
c. Off-street parking facilities.
d. Any construction or improvements as to which a development fee
may not lawfully be imposed by State law.
4. Any resolution of the City Council establishing a Transportation System
Improvement Program Area shall have affixed thereto a map specifically
describing the boundary of such Transportation Improvement Program
Area and shall be on file in the office of the City Clerk.
5. The purpose of a Transportation System Improvement Area Plan is to
identify and designate those areas where the transportation system may
experience a significant reduction in the level of service unless corrected
measures are instituted concurrent with increased transportation
demands. Fees collected for building projects and improvements on
properties in Transportation Systems Improvement Program Areas shall
be used to improve the area-wide transportation system within such area,
except said fees may be expended for improvements outside the area
when such improvements will substantially benefit the transportation
system within the area.
6. All monies received from fees collected pursuant to section 8101 (k)2 for
permits issued within a Transportation System Improvement Authority
upon direction of the City Manager pursuant to the provisions of the Joint
Exercise of Powers Agreement between the City of Tustin and the City of
Santa Ana creating the Tustin-Santa Ana Transportation System
Ordinance No. 1344
Page 22
Improvement Authority. (Ord. No. needs update)
8102 ADOPTION OF THE 2007 CALIFORNIA BUILDING CODE
Except as provided in this chapter, those certain building codes known and designated as
the California Building Code 2007 Edition including Chapter 16A Section 1614A.1.12 and
Appendix J based on the 2006 International Building Code as published by the
International Code Council, shall become the building code of the City for regulating the
erection, construction, enlargement, alteration, repair, moving, removal, demolition,
conversion, occupancy, equipment, use, height, area and maintenance of all buildings
and/or structures in the City. The California Building Code and its appendix will be on file
for public examination in the office of the Building Official.
8103 AMENDMENTS TO THE CALIFORNIA BUILDING CODE
The 2007 California Building Code is hereby amended as follows:
(a) Section 202 of the 2007 California Building Code is amended by adding and
modifying. the following definitions to read:
"FLOOR AREA, FIRE SPRINKLER. For the purpose of calculating square
footage for application of fire sprinkler requirements, the floor area shall be
determined in accordance with the CBC definition for "Floor Area, Gross". For
Group R-3 occupancies portions of the structure not required to be protected by
the automatic sprinkler system do not need to be included into the floor area
calculation."
"HIGH-RISE BUILDING.
2. "High-rise structure" means every building of any type of construction or
occupancy having floors used for human occupancy located more than 55 feet
(16764 mm) above the lowest floor level having building access. (See Section
413.1.2), except buildings used as hospitals as defined in Health & Safety Code
Section 1250."
(b) Sections 403.10.2 and 403.11.1 of the 2007 California Building Code are deleted
and amended to read:
"403.10.2 Standby power loads. The following are classified as standby power
loads:
1. Power and lighting for the fire command center required by Section
403.8;
2. Electrically powered fire pumps
3. Standby power shall be provided for elevators in accordance with
Sections 1007.4 and 3003.
403.11.1 Emergency power loads. The following are classified as emergency
power loads:
Ordinance No. 1344
Page 23
1. Exit signs and means of egress illumination required by Chapter 10;
2. Elevator car lighting;
3. Emergency voice/alarm communications systems;
4. Automatic fire detection systems; and
5. Fire alarm systems.
6. Ventilation and automatic fire detection equipment for smokeproof
enclosures."
(c) Section 412.5.1 of the 2007 California Building Code is amended by adding the
following definition to read:
"EMERGENCY HELICOPTER LANDING FACILITY (EHLF). A landing area on
the roof of a high-rise building that is not intended to function as a helicopter or
helistop but is capable of accommodating fire or medical helicopters engaged in
emergency operations, in accordance with California Fire Code Section 1108. "
(d) Section 506.4.1 of the 2007 California Building Code is deleted in their entirety and
amended to read:
"506.4.1 Mixed occupancies. In buildings with mixed occupancies, the
allowable area per story (Aa} shall be based on the most restrictive provisions for
each occupancy when the mixed occupancies are treated according to Section
508.3.2. When the occupancies are treated according to Section 508.3.3 as
separated occupancies, the maximum total building area shall be such that the
sum of the ratios for each such area on all floors as calculated according to
Section 508.3.3.2 shall comply with the following:
1. The sum shall not exceed 2 for two-story buildings or higher."
(e) Chapter 9 of the 2007 California Building Code is amended to require additional
fire sprinkler provisions as follows:
1. Section 903.2 is hereby deleted and amended to read:
"903.2 Where required. Approved automatic sprinkler systems in new
buildings and structures shall be provided in the locations described in this
section as follows:
A. New buildings or structures: In addition to the requirements of
section 903.2.1 through 903.2.13, approved automatic sprinkler
systems in new buildings and structures shall be provided when the
gross area of the building exceeds 5,000 square feet or more than
two-stories in height.
Exceptions:
1. Group R Detached one and two family dwellings and townhouses
as required by section 903.2.7.
2. Subject to approval by the fire code official, spaces or areas in
telecommunications buildings used exclusively for
Ordinance No. 1344
Page 24
telecommunications equipment, associated electrical power
distribution equipment, batteries and standby engines, provided
those spaces or areas are equipped throughout with an automatic
fire alarm system and are separated from the remainder of the
building by fire barriers consisting of not less than 1-hour fire-
resistance-rated walls and 2-hour fire-resistance-rated floor/ ceiling
assemblies.
3. Subject to approval by the fire code official, open parking garages
in accordance with Section 406.3.
B. Alterations to existing non-sprinklered non-residential buildings
or structures: Approved automatic sprinkler systems shall be
provided throughout existing non-sprinklered buildings and structures
when the floor area of alterations wi#hin any two-year period exceeds
75% of area of the existing structure and the alteration includes
structural modifications other than seismic upgrades.
C. Additions to existing non-sprinklered buildings or structures:
Approved automatic sprinkler systems shall be provided throughout
the entire building or structure when the gross floor area of the existing
building or structure and addition exceeds 6,000 square feet and the
addition is greater than 1,000 square feet in gross floor area."
2. Section 903.2.7 is hereby deleted and amended to read:
"903.2.7. Group R. An automatic sprinkler system installed in
accordance with Section 903.3 shall be provided throughout all buildings
with a Group R fire area.
An automatic sprinkler system shall be installed throughout any existing
building when the floor area of alterations within any two year period
exceeds 50% of gross floor area of the existing structure and the building
gross floor area exceeds 5,500 square feet. When the cost of installing an
approved automatic sprinkler system exceeds 5% of the cost of the
alteration, subject to the approval of the fire code official, the required
automatic sprinkler system may be omitted.
Exceptions:
1. Detached buildings containing two or less dwelling units and less than
5,500 square feet (279 m2} including attached U-occupancy garages.
2. Group R-3.1 occupancies not housing bedridden clients, not housing
nonambulatory clients above the second floor, and less than 5,500
square feet.
3. Pursuant to Health and Safety Code Section 13113 occupancies
housing ambulatory children only, none of whom are mentally ill or
Ordinance No. 1344
Page 25
mentally retarded, and building or portions thereof housing such
children are not more than two stories in height, and thereof housing
such children have an automatic fire alarm system activated by
approved smoke detectors. ~ .
4. Pursuant to Health and Safety Code Section 13143.6 occupancies
licensed for protective social care which house ambulatory clients only,
none of whom is a child (under the age of 18 years), or who is elderly
(65 years of age or over)."
3. Section 903.3.1.1.1 Exception 4 is hereby deleted.
4. Section 903.4 Exceptions are hereby deleted and amended to read:
"Exceptions:
1. Automatic sprinkler systems protecting one- and two-family dwellings
protected by NFPA ~3D sprinkler system with less than 100
sprinklers.
2. Limited area systems serving fewer than 20 sprinklers.
3. (deleted)
4. Jockey pump control valves that are sealed or locked in the open
position.
5. (deleted)
6. Valves controlling the fuel supply to fire pump engines that are sealed
or locked in the open position.
7. Trim valves to pressure switches in dry, preaction and deluge sprinkler
systems that are sealed or locked in the open position."
5. Section 905.4 is amended by adding items 7 and 8 to read:
"7. The centerline of the 2.5" outlet shall be no less than 18" above and no
more than 24" above the finished floor.
8. Every new building with any horizontal dimensions greater than 300
feet (91,440 mm) shall be provided with either access doors or a 2.5"
outlets so that all portions of the building can be reached with 150 feet
(45,720) of hose from an access door or hose outlet. Required access
doors shall be located in the exterior of the building and shall be
accessible without the use of a ladder. The door dimensions shall be
not less than 3 feet (914 mm) in width, and not less than 6 feet 8
inches (2032 mm) in height."
6. Section 907.2.12 is deleted and amended to read:
"907.2.12 High-rise buildings. High-rise buildings with a floor used for
human occupancy located more than 55 feet (16764 mm) above the
lowest level of fire department vehicle access shall be provided with an
Ordinance No. 1344
Page 26
automatic fire alarm system and an emergency voice/alarm
communication system in accordance with Section 907.2.12.2.
Exceptions:
1. Airport traffic control towers in accordance with Section 907.2.22 and
Section 412 of the California Building Code.
2. Open parking garages in accordance with Section 406.3 of the
California Building Code.
3. Buildings with an occupancy in Group A-5 in accordance with Section
303.1 of the California Building Code.
4. Low-hazard special occupancies in accordance with Section 503.1.1 of
the California Building Code.
5. Buildings with an occupancy in Group H-1, H-2 or H-3 in accordance
with Section 415 of the California Building Code."
7. Section 907.2.12.1 is deleted and amended to read:
"907.2.12.1 Automatic fire detection. Smoke detectors shall be
provided in accordance with this section. Smoke detectors shall be
connected to an automatic fire alarm system. The activation of any
detector required by this section shall operate the emergency voice/alarm
communication system. Duct smoke detectors shall operate as specified
in Section 907.12. Smoke detectors shall be located as follows:
1. In each mechanical equipment, electrical, transformer, telephone
equipment or similar room which is not provided with sprinkler
protection, elevator machine rooms, and in elevator lobbies.
2. In the main return air and exhaust air plenum of each air-conditioning
system having a capacity greater than 2,000 cubic feet per minute
(cfm) (0.94 m Is). Such detectors shall be located in a serviceable
area downstream of the last duct inlet.
3. At each connection to a vertical duct or riser serving two or more
stories from a return air duct or plenum of an air-conditioning system.
In Group R-1 and R-2 occupancies, a listed smoke detector is allowed
to be used in each return-air riser carrying not more than 5,000 cfm
(2.4 m3/s) and serving not more than 10 air-inlet openings."
8. Section 907.2.12.2 is deleted and amended to read:
"907.2.12.2 Emergency voice/alarm communication system. The
operation of any automatic fire detector, sprinkler water-flow device or
manual fire alarm box shall automatically sound an alert tone followed by
voice instructions giving approved information and directions for a general
or staged evacuation on a minimum of the alarming floor, the floor above
and the floor below. Duct smoke detectors shall operate as specified in
Ordinance No. 1344
Page 27
Section 907.12. Speakers shall be provided throughout the building by
paging zones. As a minimum, paging zones shall be provided as follows:
1. Elevator groups.
2. Exit stairways.
3. Each floor.
4. Areas of refuge as defined in Section 1002.1.
5. Dwelling Units in apartment houses.
6. Hotel guest rooms or suites.
Exception: In Group I-1 and I-2 occupancies, the alarm shall sound in a
constantly attended area and a general occupant notification shall be
broadcast over the overhead page."
9. Section 907.9.3 is deleted and amended to read:
"Section 907.9.3 High-rise building. In~buildings with a floor used for
human occupancy that is located more than 55 feet (1fi764 mm) above
the lowest level of fire department vehicle access, a separate zone by
floor shall be provided for all of the following types of alarm-initiating
devices where provided:
1. Smoke detectors.
2. Sprinkler water-flow devices.
3. Manual fire alarm boxes.
4. Other approved types of automatic fire detection devices or
suppression systems."
10. Section 907.12 is deleted and amended to read:
"907.12 Duct smoke detectors. Duct smoke detectors shall be
connected to the building's fire alarm control unit when a fire alarm system
is provided. Activation of a duct smoke detector shall initiate a visible and
audible supervisory signs! at a constantly attended location. Duct srnoke
detectors shall not be used as a substitute for required open area
detection.
Exception:
1. (deleted).
2. In occupancies not required to be equipped with a fire alarm
system, actuation of a smoke detector shall activate a visible
and an audible signal in an approved location. Smoke detector
trouble conditions shall activate a visible or audible signal in an
approved location and shall be identified as air duct detector
trouble."
11. Section 910.3.2.2 is deleted and amended to read:
Ordinance No. 1344
Page 28
"910.3.2.2 Sprinklered buildings. Where installed in buildings equipped
with an approved automatic sprinkler system, smoke and heat vents shall
be designed to operate automatically by actuation of cheat-responsive
device rated at least 100° F above the operating temperature of the
sprinkler. "
(f) Table 1505.1 of the 2007 California Building Code is hereby deleted and amended
to read:
TABLE 1505.1
MINIMUM ROOF COVERING CLASSIFICATIONS
TYPES OF CONSTRUCTION
IA IB IIA IIB IIIA IIIB IV VA VB
B B B B B B B B B
(g) Section 1505.1.3 of the 2007 California Building Code is hereby deleted and
amended to read:
"1505.1.3 Roof coverings within all other areas. The entire roof covering of
every existing structure where more than 50 percent of the total roof area is
replaced within any one-year period, the entire roof covering of every new
structure, and any roof covering applied in the alteration, repair or replacement of
the roof of every existing structure, shall be afire-retardant roof covering that is
at least Class B."
(h) Chapter 1613 of the 2007 California Building Code is hereby amended by adding
Section 1613.8 to read:
"1613.8 Equivalent Lateral Force Procedure Seismic Response Coefficient.
ASCE 7 Section 12.8.1.1 Equation 12.8-5 shall be modified as follows:
CS = 0.044 SAS I (Eq. 12.8-5) "
(i) Chapter 1613 of the 2007 California Building Code is hereby amended by adding
Section 1613.9 to read:
Ordinance No. 1344
Page 29
"1613.9 Chapter 16A Section 1614A.1.12, ASCE 7, Section 13.5.6.2. Seismic
design of suspended ceilings shall be in accordance with ASCE 7 Section 13.5.6.2
as amended and as provided in Chapter 16A Section 1614A.1.12 of this code."
(j) Section 1704.1 exception 2 of the 2007 California Building Code is amended to
read:
" 2. Except for footing and slab on grade concrete for any construction for
which the total floor area exceeds 500 square feet, Special inspections are not
required for building components unless the design involves the practice of
professional engineering or architecture as defined by applicable state statutes
and regulations governing the professional registration and certification of
engineers or architects."
(k) Section 1704.1 of the 2007 California Building Code is amended #o read:
"1704.1.3 Qualifications of special inspector; examination; certificate of
listing. Qualifications, examination and certificate of listing as special inspector
in the City of Tustin shall be in accordance with the following:
1. The special inspector shall be a qualified person approved by the Building
Official. The special inspector shall furnish continuous inspection on the
construction and work requiring his or her employment as prescribed in
the applicable code. The special inspector shall report to the Building
Official in writing, noting all code violations and other information as
required on forms prescribed by the City of Tustin.
2. Each person applying for listing as a special inspector for the City of
Tustin shall possess a valid certificate as a special inspector, issued upon
presentation of evidence of successful completion of testing/examination
by a testing agency, which is acceptable to the Building Official for each
classification for which the person is applying. The Building Official may,
on special occasion, administer an oral review and/or testing procedures
which he or she may find appropriate.
3. Each person applying for listing as a special inspector for the City of
Tustin shall pay a listing fee of twenty dollars ($20.00) or as established
by resolution of the City Council for each classification payable with the
application upon approval for listing.
4. A certificate of listing shall be issued to each such special inspector who
qualifies. A renewal fee of twenty dollars ($20.00) or as established by
resolution of the City Council for each classification shall be charged on
the anniversary date from the date of the original issuance, thereafter, at
which time the special inspector may be subject to reexamination.
Ordinance No. 1344
Page 30
5. The Building Official may revoke any special inspector's certificate of
listing at any time for due cause on written notice. This notice shall set
forth the time and place evidence would be submitted to show cause why
the certificates of listing should not be revoked.
6. Failure to appear at such hearing by the special inspector may result in
immediate revocation of said inspector's certificate of listing.
7. Revocation of the certificate of listing does not exempt any further legal
actions from the City.
8. Special inspector's certificate of listing are to be given only for the
execution of work done under Chapter 17 of the California Building Code
in the City of Tustin or for work specifically authorized by the Building
Official."
(I) Section 1704.2 of the 2007 California Building Code is hereby deleted and
amended by adding Sections 1704.2 and 1704.2.1 to read::
"1704.2 Inspection of fabricators. Where fabrication of structural load-bearing
members and assemblies is being performed on the premises of a fabricator's
shop, the fabricator must be registered and approved by a recognized agency to
perform such work.
1704.2.1 Fabricator approval. Approval of fabricator shall be based upon
review of the submitted written procedural and quality control manuals and
periodic auditing of fabrication practices by an approved agency. At completion
of fabrication, the approved fabricator shall submit a certificate of compliance to
the Building Official stating that the work was performed in accordance with the
approved construction documents."
(m) Section 1704.4 of the 2007 California Building Code is hereby amended as
follows:
1. Item 6 of Table 1704.4 is deleted and amended to read:
"6. Inspection of concrete and shotcrete placement for proper application
techniques including all structural concrete placement for new swimming
pools."
2. Exception of Section 1704.4 is deleted and amended to read:
"Exception: For placement of concrete in building foundations and slabs
supported on grade less than five-hundred (500) square feet in area in all
occupancies and other non-building construction, special inspection shall
Ordinance No. 1344
Page 31
not be required for:"
3. Section 1704.4 Exception 3 is deleted and amended to read:
"3. Nonstructural concrete slabs supported directly on the ground
which do not contain pre-stressed reinforcing and not exceed 500 square
feet in total area."
(n) Section 1908.1 of the 2007 California Building Code is hereby amended by
adding Sections 1908.1.17, 1908.1.17.1 and 1908.1.17.2 to read:
"1908.1.17 AC1318, Equation (14-7) of Section 14.8.3 and 14.8.4. Modify ACI
318, Sections 14.8.3 and 14.8.4 as follows:
1908.1.17.1 Modify equation (14-7) of ACI 318 Section 14.8.3 to read as
follows:
Icr shall be calculated by Equation (14-7), and M, shall be obtained by iteration of
deflections.
3
I~r - ES AS + P~ h ~d - c)Z+ we (14-7)
E~ fy 2d 3
and the value ESIE~ shall not be taken less than 6.
1908.1.17.2. Modify ACt 318 Sec, 14.8.4 to read as follows:
14.8.4 -Maximum out-of-plane deflection, OS, due to service loads, inclucing PO
effects, shall not exceed /x/150.
If Ma, maximum moment at mid-height of wall due to service lateral and eccentric
loads, including PD effects, exceed (213)M~r, 0S shall be calculated by Equation
(14-8):
a
M - --- M
= Z 0 -}- a 3 cr ~- 2
s 3 cr 2 ( n 3 cr ~{ 14-8)
Mn 3 Mcr
If Ma does not exceed (213}M~~, 0S shall be calculated by Equation (14-9):
Ordinance No. 1344
Page 32
MQ
~s - ~ ~cr
cr
where:
7~ ,~ 2
_ S lVl cr ~c
~cr 48E 1
c g
~ _ SM„l~
48E~I~r
(14-9)
(o) Section 3109.4.4 of the 2007 California Building Code is hereby amended as
follows:
1. Section 3109.4.4.1 is amended to add the following definition to read:
"PRIVATE POOL is any constructed pool, permanent or portable, which is
intended for noncommercial use as a swimming pool by not more than
three owner families and their guests."
2. Section 3109.4.4.2.1 is added to read:
"3109.4.4.2.1 Enclosure of yards containing private pools. Every
person in possession of land within the City, either as owner, purchaser
under contract, lessee, tenant, licensee or otherwise, upon which is
situated a private swimming pool or other out-of-doors body of water
designed, constructed and used for swimming, dipping or immersion by
men, women or children, having a depth in excess of eighteen (18)
inches, shall maintain in good condition an enclosure to completely
separate the private pool from adjoining properties by fencing complying
with Section 3109.4.4.3 or building walls, or a combination thereof,
substantially constructed, not lower than five (5) feet in height above the
surface of the ground measured vertically from the outside grade or
otherwise higher determined by the Planning Division.
Any pool enclosed by a fence or enclosure which does not meet the
requirements of this chapter shall be drained immediately and shall not be
refilled until such time as the enclosure is brought into compliance with the
provisions of this article.
All gates opening through the swimming pool yard enclosure shall be
Ordinance No. 1344
Page 33
equipped with aself-closing and self-latching device designed to keep
such door or gate securely closed at all times when not in actual use.
Access gates through the enclosure shall open away from the swimming
pool. The unlocking or unlatching device shall be located not less than
five (5) feet above grade or steps at the gate or door measured vertically
outside the enclosed areas. This shall include any passage door or gate
opening from an accessory building, such as a garage.
Exceptions:
(1) The unlocking or unlatching device may be located on the inside of
the enclosure at less than the required five (5} feet in height when not
operable from the outside of the enclosure.
(2) Double-gates installed across vehicular access ways shall be self-
closing and shall be equipped with a latching device which may be
manually operated. Such gates shall be securely closed at all times when
not in actual use."
(p) Amend 2007 California Building Code by adding Appendix K Building Security, to
read as follows:
"Appendix K Building Security
The provisions of this chapter shall apply to openings into all buildings, including
dwelling units within apartment houses of Group R, Divisions 1, 2, and 3
Occupancies, and to openings between attached garages and dwelling units.
Except for vehicular access, door openings in enclosed attached garages shall
be in accordance with the provisions of this chapter.
K101 Garage Type Doors. Rolling Overhead, Solid Overhead, Swinging,
Sliding or Accordion style doors shall conform to the following:
1. Fiberglass doors shall have panels a minimum density of six (6) ounces
per square foot from the bottom of the door to a height of seven (7) feet.
Panels above seven (7) feet and panels in residential structures shall
have a density of not less than five (5) ounces per square foot.
2. Overhead doors shall be equipped with bolts which shall be capable of
utilizing padlocks with a minimum nine-thirty-seconds-inch shackle.
3. Doors utilizing a cylinder lock shall have a minimum five-pin tumbler
operation with the bolt or locking bar extending into the receiving guide a
minimum of one (1) inch.
Ordinance No. 1344
Page 34
4. Doors that exceed sixteen {16) feet in width shall have two (2) lock
receiving points, or if the door does not exceed nineteen (19) feet, a single
bolt may be used if placed in the center of the door with the locking point
located either in the floor or door frame header.
5. Slide bolt assemblies shall have a frame a minimum of 0.120 inches in
thickness, a bolt diameter a minimum of one-half (1/2) inch and protrude
at least one and one-half (1 1/2) inches into the receiving guide. A bolt
diameter of three eights (318) inch may be used in a residential building.
6. Slide bolt assemblies shall be attached to the door with bolts which are
nonremovable from the exterior. Rivets shall not be used to attach such
assemblies.
7. Padlocks used with exterior mounted slide bolts shall have a hardened
steel shackle a minimum of nine thirty-seconds (9132) inch in diameter
with heel and tow locking and a minimum five-pin tumbler operation. The
key shall be nonremovable when in an unlocked position."
K102 Special Residential Building Provisions. The following special
provisions shall apply to all residential dwellings (R-1, R-2, and R-3):
1. Except for vehicular access doors, all exterior swinging doors of any
residential building and attached enclosed garages, including the door
leading from the garage area into the dwelling unit, shall be equipped as
follows:
a. All wood doors shall be of solid core construction with a minimum
thickness of one and three fourths (1 3/4} inches, or with panels not
less than nine-sixteenths (9/16} of an inch thick.
b. A single or double door shall be equipped with a single cylinder
deadbolt having a minimum protection of one (1) inch and an
embedment of at least three-fourths (3/4} inch into the strike
receiving the bolt. The bolt shall be constructed so as to resist
cutting tool attacks.
The cylinder shall have a cylinder guard, a minimum of five (5) pin
tumblers, and shall be connected to the inner portions of the lock
by connecting screws of at least one-fourth (1/4) of an inch in
diameter. (The provisions of the preceding paragraph do not apply
where panic hardware is required or an equivalent device is
approved by the enforcing authority. Further, a dual locking
mechanism, constructed so that both the deadbolt and latch can be
Ordinance No. 1344
Page 35
retracted by a single action of the inside door knob or lever, may be
substituted provided it meets all other specifications for locking
devices.)
c. The inactive leaf on metal frame double doors shall be equipped
with flush bolts having a minimum protection of five-eighths (518) of
an inch at the top and bottom of the leaf. On wood frame double
doors, the projection shall be a minimum of one (1) inch.
d. Glazing in exterior doors or within forty (40) inches of a door locking
mechanism shall be of fully tempered glass or rated burglary
resistant glazing, except where double cylinder deadbolts are
installed.
e. All front exterior doors shall be equipped with a wide angle (one
hundred eighty [180} degrees) door viewer, except where clear
vision panels are installed.
3. Lighting in R-1 and R-2 type occupancies shall be as follows:
a. Aisles, passageways and recesses related to and within the
building complex shall be illuminated with an intensity of at least
twenty-five hundredths (.25) of a footcandle at the ground level
during the hours of darkness. Lighting devices shall be protected
by weather and vandalism resistant covers.
b. Open parking lots and carports shall be provided with a maintained
minimum of one (1) footcandle of light on the parking surface
during hours of darkness. Lighting devices shall be protected by
vandal resistant covers. These lighting devices shall be
automatically energized during hours of darkness.
c. Each residential unit of R-1 and R-2 type occupancies shall have
an enclosed parking space with a garage door equipped as in
section K101 of this chapter."
K103 Special Commercial Building. Provisions for other than Group R-1, R-2,
R-3 and U-1.
The following special provisions shall apply to buildings other than Group R-1, R-
2, R-3 and U-1:
1. All exterior swinging doors shall be equipped with a single cylinder
deadbolt. The bolt shall have a minimum projection of one (1) inch and
will have an embedment of at least three-quarters (3/4) of an inch into the
Ordinance No. 1344
Page 36
strike receiving the bolt. The bolt shall be constructed so as to resist
cutting tool attacks. The cylinder shall have a cylinder guard, a minimum
of five (5) pin tumblers and shall be connected to the inner portion of the
lock by connecting screws of at least one-quarter-inch (1/4") diameter.
(The provisions of the preceding paragraph do not apply where panic
hardware is required or an equivalent device is approved by the enforcing
authority.)
2. Wood doors shall be of solid core construction and have a minimum
thickness of not less than one and three-fourths (1 3/4} inches.
3. Hollow metal doors shall be constructed of a minimum sixteen (16) U.S.
gauge steel and have sufficient reinforcement to maintain the designed
thickness of the door when any locking device is installed; such
reinforcement being able to resist collapsing of the door around the
locking device.
4. The inactive leaf on metal frame double doors shall be equipped with
automatic flush bolts having a minimum projection of five-eighths (5/8) of
an inch at the top and bottom of the leaf. On wood frame doors, the
projection shall be a minimum of one (1) inch. . .
5. Double doors shall have an astragal constructed of steel a minimum of
1/8 of an inch thick which will cover the opening between the doors. The
astragal shall be a minimum of two (2} inches wide and extend a minimum
of one (1) inch beyond the edge of the door to which it is attached. The
astragal shall be attached to the outside of the active door by welding or
nonremovable bolts spaced apart on not more than ten (10) inches on
center.
6. Any glazing utilized within forty (40) inches of any locking mechanism on a
door shall be secured as follows:
a. Fully tempered glass or rated burglary resistant glazing; or
b. Iron or steel bars of at least one-half-inch round or one-inch by
one-fourth-inch flat metal spaced not more than five (5) inches
apart and secured on the inside of the building; or
c. Iron or steel grills of at least one-eighth-inch (1/8") metal with a
maximum two-inch (2") mesh, secured on the inside of the building.
Items a. and b. above shall not interfere with the operation of opening
windows if such windows are required to be openable by this Code.
Ordinance No. 1344
Page 37
7. Aluminum frame swinging doors shall conform to the following:
a. The jamb shall be so constructed or protected to withstand sixteen
hundred (1,600) pounds of pressure in both a vertical distance of
three (3) inches and a horizontal distance of one (1) inch each side
of the strike, so as to provide violation of the strike.
b. The bolt projection shall be a minimum of one and one-half (1 1/2)
inches; or, a hook shaped or similar bolt may be used as long as it
engages the strike sufficiently to resist jamb spreading.
8. In multiple occupancy office buildings, all entrance doors to individual
office suites shall meet the requirements for exterior doors.
9. Where panic hardware is required by this Code, or Title 19, it shall be
equipped and installed as follows:
a. There shall be a minimum of two (2) locking points on each door; or
b. On single doors, panic hardware may have one (1) locking point
which is not to be located at either the top or bottom rails of the
door frame. The door shall have an astragal constructed of steel
0.125 inches thick which shall be welded or attached with
nonremovable bolts to the outside of the door. The astragal shall
extend a minimum of two (2) inches wide and extend a minimum of
one (1) inch beyond the edge of the door; or
c. Double doors containing panic hardware shall have an astragal
attached to the doors at their meeting point which will close the
opening between them but not interfere with the operation of either
door.
10. Exterior transoms or windows shall be deemed accessible if less than
twelve (12) feet above ground or adjacent to any pedestrian walkway.
Accessible windows and transoms not visible. from a public or private
thoroughfare and having a pane or opening exceeding ninety-six {96)
square inches shall be constructed or protected as follows:
a. Fully tempered or rated burglary resistant glazing shall be used; or
b. Interior steel or iron bars of at least one-half-inch (1/2") round or
one-inch by one-quarter-inch (1" x 114") flat steel or iron r~~ay be
used if spaced not more than five (5) inches apart and secured by
bolts which are nonremovable from the exterior; or
Ordinance No. 1344
Page 38
c. Interior iron or steel grills of at least one-eighth inch (1/8") metal
having a mesh of not more than one (1) inch may be used if
secured with bolts which are nonremovable from the exterior.
Items a. and b. above shall not interfere with the operation of windows if
such windows are required to be operable by this Code. The bars or
grillwork shall be capable of quick opening from the inside only.
11. All hatchway openings on the roof of any building used for business
purposes shall be secured as follows:
a. If the hatchway is of wooden material it shall be covered on the
inside with a minimum sixteen (16) gauge sheet metal or its
equivalent, attached with screws.
b. The hatchway shall be secured from the inside with a slide bar or
slide bolt. The slide bar or slide bolt shall automatically release
when actuated by smoke or heat from a fire.
c. Outside hinges on all hatchway openings shall be provided with
nonremovable pins and shall use nonremovable screws for
mounting.
12. All exterior air duct or air vent openings exceeding ninety-six (96) square
inches shall be secured by one of the following means:
a. Iron or steel bars of at least one-half-inch {1/2") round or one-inch
by one-fourth-inch (1" x 1/4") flat metal, spaced no more than five
(5) inches apart and secured by bolts which are nonremovable
from the exterior; or
b. Iron or steel grills having a minimum thickness of one-eighth-inch, a
mesh of net not more than one-inch, and secured by bolts which
are nonremovable from the exterior.
c. The above must not interfere with any venting requirements.
13. Permanently .affixed ladders leading to roofs shall be covered with sheet
metal to a height of ten (10) feet. If the ladder protrudes more than six (6}
inches from the building, the sides must also be covered with sheet metal.
The covering shall be locked against the ladder by means of a case
hardened hasp, secured with nonremovable bolts or screws. If hinges are
of the pin type, they shall be equipped with nonremovable pins.
Ordinance No. 1344
Page 39
Padlocks shall have hardened steel shackles, heel and toe locking, a
minimum of five (5) pin tumblers in its operation and a nonremovable key
when in an unlocked position.
14. All exterior commercial doors shall be illuminated with a minimum of one
(1) footcandle of light. Such lights shall be maintained during hours of
darkness and be protected by vandal resistant covers.
15. Open parking lots providing more than ten (10) parking places and for use
by the general public shall be provided with a maintained minimum of one
(1) footcandle of light on the parking surface from dusk until the
termination of business every operating day.
16. Every commercial building shall display an address number in a prominent
position so that it shall be easily visible from the street. The numerals in
these numbers shall be no less than six (6) inches in height, of a color
contrasting to the background and located so that they may be clearly
seen and read. Any business which affords vehicular access to the rear
of the building through any driveway, alleyway or parking lot shall also
display the same numbers on the rear of the building."
K104 Definitions.
1. Approved shall mean approved by the Building Official as meeting the
requirements of this Chapter with regard to a given material, mode of
construction, piece of equipment or device.
2. Auxiliary Locking Device is a secondary locking system added to the
primary locking system to provide additional security.
3. Bolt is a metal bar which, when actuated, is projected (or thrown) either
horizontally or vertically into a retaining member, such as a strike plate, to
prevent a door from moving or opening.
4. Part as distinguished from component, is a unit for subassembly, which
combines with other units to make up a component.
5. Primary Locking Device is the single locking system on a door or
window unit whose function is to prevent unauthorized intrusion.
6. Single Cylinder Deadbolt is a deadbolt lock which is activated from the
exterior by a key and from the interior by a knob, thumb-turn, lever or
similar mechanism.
7. Solid Core Door shall mean a door composed of solid wood construction.
Ordinance No. 1344
Page 40
8. Stile is a vertical framing member of a window or door. A meeting stile is
one which mates with a stile of another sash or a vertical framing member
of a door or window frame when the sash is in the closed position.
9. Strike is a metal plate attached to or mortised into a door jamb to receive
and to hold a projected latch bolt and/or deadbolt in order to secure the
door to the jamb.
10. Swinging Door shall mean a door hinged at the stile or at the head and
threshold.
11. U.L. Listed shall mean tested and listed by Underwriters' Laboratories,
Inc.
K105 Keying Requirements. Upon occupancy by the owner or proprietor, each
single unit in a tract or commercial development, constructed under the same
general plan, shall have locks using combinations which are interchange free
from locks used in all other separate dwellings, proprietorships or similar distinct
occupancies. This is intended to prohibit master keying."
8105 ADOPTION OF STATE HISTORICAL BUILDING CODE
The California Historical Building Code, 2007 Edition as published by the International
Code Council, shall be and become the Historical Code of the City, providing alternative
building regulations for the rehabilitation, preservation, restoration or relocation of
buildings or structures designated as historical buildings by Federal, State of California,
County of Orange, or City of Tustin, all provisions in effect June 23, 1998, and
approved by the California Building Standards Commission on January 29, 2007. The
California Historical Building Code is on file for public examination in the office of the
Building Official.
Ordinance No. 1344
Page 41
Section 2
Chapter 2 of Article 8 of the Ci#y of Tustin is hereby repealed in its entirety and a new
Chapter 2 is hereby added in place thereof to read as follows:
CHAPTER 2
MECHANICAL CODE
8200 ADOPTION OF 2007 EDITION OF THE CALIFORNIA MECHANICAL CODE
Except as provided in this chapter, the California Mechanical Code, 2007 Edition based
on the 2006 Uniform Mechanical Code as published by the International Association of
Plumbing and Mechanical Officials, shall be and become the Mechanical Code of the
City, regulating and controlling the design, construction, installation, quality of materials,
location, operation and maintenance of heating, ventilating, cooling, refrigeration
systems, incinerators and other miscellaneous heat producing appliances. The
California Mechanical Code is on file for public examination in the office of the Building
Official.
8201 AMENDMENTS TO THE CALIFORNIA MECHANICAL CODE
The 2007 Edition of the California Mechanical Code is hereby adopted with no
amendments.
Ordinance No. 1344
Page 42
Section 3
Chapter 3 of Article 8 of the Tustin City Code is repealed in its entirety, and a new
Chapter 3 is hereby added in place thereof to read as follows:
CHAPTER 3
PLUMBING CODE
8300 ADOPTION OF 2007 EDITION OF THE CALIFORNIA PLUMBING CODE
Except as provided in this chapter, the California Plumbing Code, 2007 Edition, based
on the 2006 Uniform Plumbing Code as published by the International Association of
Plumbing and Mechanical Officials, shall be and become the Plumbing Code of the City
of Tustin, regulating erection, installation, alteration, repair, relocation, replacement,
maintenance or use of plumbing systems within the City. The California Plumbing Code
will be on file for public examination in the office of the Building Official.
8301 AMENDMENTS TO THE CALIFORNIA PLUMBING CODE
The 2007 Edition of the California Mechanical Code is hereby adopted with no
amendments.
Ordinance No. 1344
Page 43
Section 4
Chapter 4 of Article 8 of the Tustin City Code is repealed in its entirety, and a new
Chapter 4 is hereby added in place thereof to read as follows:
CHAPTER 4
ELECTRICAL CODE
8400 ADOPTION OF 2007 EDITION OF THE CALIFORNIA ELECTRICAL CODE
Except as provided in this chapter, the California Electrical Code, 2007 Edition, based on
the 2005 National Electrical Code as published by the National Fire Protection
Association, shall be and become the Electrical Code of the City of Tustin, regulating all
installation, arrangement, alteration, repair, use and other operation of electrical wiring,
connections, fixtures and other electrical appliances on premises within the City. The
California Electrical Code is on file for public examination in the office of the E~uilding
Official.
8401 AMENDMENTS TO THE CALIFORNIA ELECTRICAL CODE
The 2007 Edition of the California Electrical Code is hereby amended as follows:
(a) Article 90 is hereby amended, by the addition of Articles 90-10, 90-11, 90-12, and
90-13 to read as follows:
"Article 90-10 Revocations and Suspensions.
The Building Official may suspend or revoke any electrical permit for any of the
following reasons:
1. If any reason is found to exist which would have been cause for denial of
such permit.
2. Any material misrepresentation or falsity in the application upon whi~~h said
permit was issued.
3. For .failure to comply with the provisions of the sections in this code
pertaining to electricity; after due notice or corrections and the time limit
therefore has expired, or for failure to comply with other codes that may be
related to or appertain to the sections in this Code pertaining to electricity.
Article 90-10 Revocations and Suspensions.
Upon completion of the work which has been authorized by issuance of any
permit, except an annual permit, it shall be the duty of the person, firm, or
Ordinance No. 1344
Page 44
corporation installing the same, to notify the Building Official who shall inspect the
installation as soon thereafter as practicable. If, upon inspection, the installation is
not found to be in conformity with the provisions of this Code, the Building Official
shall notify the person, firm or corporation making the installation, stating the
defects which have been found to exist. All defects shall be corrected within ten
(10) days after inspection and notification, or within other reasonable time as
permitted by the Building Official. No electrical installation shall be energized until
inspected and approved by the Building Official.
Article 90-11 Approval of Equipment.
All appliances and equipment shall be listed and labeled by a nationally recognized
testing laboratory, equal to but not limited to Underwriter's Laboratories, Inc., and
approved by the Building Official.
Article 90-12 Used Materials.
Previously used materials shall not be re-used without the written approval
obtained in advance from the Building Official.
Article 90-13 Nameplates.
The maker's nameplate, trademark, or other identification symbol shall be placed
on the outside, where it is visible at time of inspection on all electrical materials,
devices, appliances, fittings, and equipment used or installed under the provisions
of this Code."
(b) Article 300-6(b) is hereby amended, by the addition of a new paragraph at the end
thereof, to read as follows:
"Earth within the City of Tustin is corrosive, unless the permittee proves to the
satisfaction of the Building Official the specific earth is not corrosive for the
installation of the above noted electrical items in contact with or buried in the earth.
Unless otherwise authorized by the Building Official, all such items embedded in
the ground shall be protected by at least double, spiral wrapping, half overlapping
with 10 mil plastic tape (total 40 mils cover), or approved equal."
(c) Article 310.2(8) is hereby amended, by the addition of a second paragraph, to
read as follows:
"Copper wire shall be used for wiring size No. 4/o and smaller in all installation.
Consideration for use of aluminum wiring can be made by the Building Official for
feeder lines only on an individual basis where adequate safety measures can be
ensured."
Ordinance No. 1344
Page 45
(d) Table No. 310-5 is amended to add footnote No. 1 at the bottom of the table.
"1. Use of aluminum conductors requires prior approval from the Building Official.
See (new) Section 310.16 Copper and Aluminum Wire."
(e) Article 310 is amended, by addition of a new Article 310.16, to read as follows:
"310-16 Copper and Aluminum Wire. Copper wire shall be used when plans or
installations require size No. 4/0 or smaller wiring. Aluminum conductors when
permitted by the Building Official for branch circuits shall require continuous
inspection by an approved independent testing agency for proper torquing of
connections at their termination point."
Ordinance No. 1344
Page 46
Section 5
Chapter 9A of Article 8 of the Tustin City Code is repealed in its entirety, and a new
Chapter 9A is hereby added in place thereof to read as follows:
CHAPTER 9A
CALIFORNIA EXISTING BUILDING CODE
8900 ADOPTION OF 2007 EDITION OF THE CALIFORNIA EXISTING BUILDING
CODE
Except as provided in this chapter, the California Existing Building Code Appendix A-1
based on the 2006 International Existing Building Code as published by the International
Code Council, shall become the Existing Building Code of the City for regulating existing
unreinforced masonry bearing wall buildings in the City. The California Existing Building
Code will be on file for public examination in the office of the Building Official.
A8901 AMENDMENTS TO THE CALIFORNIA EXISTING BUILDING CODE
The 2007 Edition of the California Existing Building Code is hereby adopted with no
amendments.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin,
held on the 20th day of Nov. , 2007.
Lou Bone
Mayor
Pamela Stoker
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
Ordinance No. 1344
Page 47
CERTIFICATION FOR ORDINANCE N0.1344.
Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council
of the City of Tustin is ;that the above and foregoing Ordinance ~4 was duly and
regularly introduced, passed and adopted at a regular meeting of the City Council held on
the 20th day of Nov , 2007 by the following vote:
COUNCILMEMBER AYES: Bone, Amante, Davert, Kawashima, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
Pamela Stoker, City Clerk