HomeMy WebLinkAboutORD 1386 (2010)ORDINANCE NO. 1386
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AMENDING SPECIFIED CHAPTERS OF ARTICLE 8 OF
THE TUSTIN CITY CODE TO ADOPT THE 2010 EDITIONS OF THE
CALIFORNIA BUILDING STANDARDS CODE AND RELATED MODEL
CODES WITH APPENDICES AND AMENDMENTS THERETO
The City Council of the City of Tustin does ordain as follows:
SECTION 1. Construction Codes Adopted.
For the purpose of prescribing regulations for erecting, construction, enlargement,
alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use,
height, and area of buildings and structures, the following building and construction codes
subject to the modifications set forth in this Ordinance, are hereby adopted:
The California Building Code, 2010 Edition, based on the 2009 International
Building Code as published by the International Code Council, including Division II
in Chapter 1;
The California Residential Code, 2010 Edition, based on the 2009 International
Residential Code as published by the International Code Council;
The California Green Building Standards Code, 2010 Edition;
The California Plumbing Code, 2010 Edition, based on the 2009 Uniform Plumbing
Code as published by the International Association of Plumbing and Mechanical
Officials;
The California Mechanical Code, 2010 Edition, based on the 2009 Uniform
Mechanical Code as published by the International Association of Plumbing and
Mechanical Officials;
The California Electrical Code, 2010 Edition, based on the 2008 National Electrical
Code as published by the National Fire Protection Association;
The California Historical Building Code, 2010 Edition;
The California Existing Building Code, based on the 2009 International Existing
Building Code, the Uniform Housing Code, 1997 Edition and the Uniform Code for
the Abatement of Dangerous Buildings, 1997 Edition, as published by the
International Code Council.
The provisions of these Construction Codes, as amended by this Ordinance, shall
constitute the Building and Construction Regulations of the City of Tustin. Except as
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amended herein, where the California Code of Regulations and State Building Standards
Code differ from any sections of the Building and Standards Regulations, State regulations
shall prevail over the Building and Construction Regulations.
One (1) copy of all the above codes and standards therefore are on file in the office of the
Building Official pursuant to Health and Safety Code Section 18942 (d) (1) and are made
available for public inspection.
SECTION 2. Section 8100 of Chapter 1 of Article 8 of the Tustin City Code is deleted
in its entirety and replaced as follows:
8100 ADOPTION OF THE 2010 CALIFORNIA BUILDING CODE CHAPTER 1
DIVISION II AS THE ADMINISTRATIVE CODE FOR BUILDING AND
CONSTRUCTION
Except as provided in this chapter, Chapter 1, Division II of the California Building
Code, 2010 Edition, based on the 2009 International Building Code as published by
the International Code Council, shall be and become the Administrative Code for
building and construction of the City, providing rules and regulations for the
administration and enforcement of the construction codes adopted by the City. The
2010 California Building Code will be on file for public examination in the
Community Development Department.
SECTION 3. Section 8101 of Chapter 1 of Article 8 of the Tustin City Code is
amended as follows: Subsections (a) through (y) are deleted in their entirety and
replaced by subsections (a) through (r) as provided below; subsection (z) is hereby
renumbered as subsection (s).
8101 AMENDMENT OF CHAPTER 1, DIVISION II OF THE CALIFORNIA
BUILDING CODE, 2010 EDITION
Chapter 1, Division II of the 2010 California Building Code is hereby amended as
follows:
(a) Section 101.2 Scope, of Chapter 1, Division II of the 2010 California
Building Code is hereby amended to add a new second and third
paragraph to read:
The provisions of these codes shall apply to and affect all of the properties
within 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. If any conflict between this chapter and any
other provisions of the Tustin City Code exists, this chapter shall govern.
All references to the term [Uniform Building Code] in the Tustin City Code
and Ordinances shall mean the latest edition of the [California Building
Code.]
(b) Section 101.2 of Chapter 1, Division II of the 2010 California Building Code
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is hereby amended by deleting the Exception to Section 101.2.
(c) Section 103.1 of Chapter 1, Division II of the 2010 California Building Code
is hereby amended by adding the following to the end of the section 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 104.6 of Chapter 1, Division II of the 2010 California Building Code
is hereby amended by adding a second paragraph to read:
When the Building Official 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 for
the purpose of inspection and examination pursuant to this code.
(e) Section 105.1 of Chapter 1, Division II of the 2010 California Building Code
is amended by adding Sections 105.1.3, 105.1.3.1, 105.1.4, and 105.1.5
to read:
105.1.3 Grading Permits. The Building Official shall issue permits for
grading and for construction, demolition, addition, alteration, and installation
of improvements. Improvements subject to permit requirements include but
are not limited to: streets, parking Tots, 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. In
addition, all improvements shall comply with the Grading Ordinance and the
Water Quality Ordinance of the Tustin City Code.
105.1.3.1 Drainage across property lines. Drainage across property lines
shall not exceed that which existed prior to grading. Excess or concentrated
drainage shall be contained on site or directed to an approved drainage
facility. Erosion of the ground in the area of discharge shall be prevented by
installation of non-erosive down drains or other devises.
105.1.4 Relocation of Buildings.
No building or structure shall be moved or relocated unless and until the
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necessary permits to relocate the building or structure have been issued by
the Building Official. The Building Official shall determine the applicable
year and Codes that apply.
105.1.5 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 impacts per Tustin City Code.
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 the owner
and/or permittee 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
and/or permittee 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 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.
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(f) Section 105.2 Work exempt from permit of Chapter 1, Division II of the
2010 California Building Code is hereby amended as follows:
Section 105.2, "Building" Item 1 is hereby amended 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 similar uses, provided the floor area does
not exceed 120 square feet (1.1 m2) 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, and grading permits where applicable are not
exempt. A no-inspection building permit shall be issued upon
approval and permit issuance fee only shall apply.
2. Section 105.2, "Building" Item 2 is hereby amended 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
either by natural grade, or by retaining walls 2 feet and under in
height above finished grade for Group R-3 occupancies and those
structures covered by the California Residential Code. 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.
Permit shall not be required if the aforementioned fence is less than 3
feet in height.
3. Section 105.2, "Plumbing" Item 2 is hereby amended to read:
2. The clearing of stoppages or the repairing of leaks in pipes,
valves or fixtures, or 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.
(g) Section 105.3.2 of Chapter 1, Division II of the 2010 California Building
Code is hereby amended to read:
105.3.2 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
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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 shall 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.
(h) Section 105.5 Expiration of Chapter 1, Division II of the 2010 California
Building Code is hereby amended to add a sentence at the end of the
paragraph and add a 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.
(i) Section 105.7 of Chapter 1, Division II of the 2010 California Building Code
is hereby deleted in its entirety and replaced as follows:
105.7 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.
Q) Chapter 1, Division II of the 2010 California Building Code is hereby
amended by adding Sections 105.8, 105.9, 105.10, 105.11, 105.12 and
105.13 to read:
105.8 Residential remodeling. The following regulations and definitions
shall apply to all remodeling construction on dwellings and properties:
1. Completion of construction. All building permits for Group R-3
occupancies and those structures covered by the California Residential
Code, 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:
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a. Room additions (exterior of buildings and property area)
b. Pools/spas
c. Patio covers
d. Water heaters, water softeners
e. Fireplaces
f. Skylights
g. All other remodeling or building air conditioners
18 months
12 months
6 months
6 months
6 months
6 months
6 months
2. Maintenance of property during remodeling. During remodeling,
all property shall be maintained in a reasonable clean and well-kept
manner in accordance with the Tustin City Code.
3. 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.
105.9 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.
105.10 Subcontractors. At the time of permit issuance, the applicant
shall complete a form provided by the Building Division, which lists all
subcontractors, 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 or
sub-contract construction work without a valid contractor's license
pursuant to applicable provisions of the California Business and
Professions Code.
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In the event that the applicant cannot provide a complete list of valid
subcontractors at the time of permit issuance, the applicant shall provide
said list to the City- within a reasonable period of time after permit
issuance. 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-
contractorviolation 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 Code.
105.11 Clean-Up Deposit. The Building Official shall, prior to issuing a
permit for a swimming pool or spa, require clean-up deposit as follows:
1. Prior to issuance of a building permit for a swimming pool or spa, the
applicant shall provide an agreement and cash deposit for the purpose of
insuring that: a) sand, cement, dirt and any other debris is removed from
streets, gutters, curbs, parkways, sidewalks and other public property; b)
public property is left in a clean and undamaged condition; and, c) adequate
barricades have been installed and maintained. Said deposit shall be
determined by the Building Official for the construction of a swimming pool,
spa or other construction related thereto requiring the use of heavy
equipment.
2. Said agreement and deposit may be reduced to not less than one
thousand dollars ($1,000.00) for the issuance of a spa, Jacuzzi, and other
small pool permit not intended for swimming when the scope of the project
will have a minimal impact on public improvements; by reason of not
requiring the use of heavy construction equipment over curbs, sidewalks or
public streets.
3. Said deposit shall terminate and be returnable to the applicant at the
time of completion and provided that debris and other materials have been
properly removed, and the public property has been left clean and
undamaged.
All damage to public curbs, gutters, sidewalks, driveway and light standards
during the construction of pool, shall be repaired prior to preplaster
inspection. A written signed release from the Public Works Department shall
be filed with the Building Official to ensure damages have been repaired.
4. If the public property has not been left in a clean and undamaged
condition and/or adequate barricades required by the Public Works
Department have not been installed and maintained, the City shall cause the
necessary work to be done and shall deduct the cost thereof from the
deposit.
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105.12 Public Encroachment.
Construction materials, debris, trash containers (dumpsters), and other non-
vehicle materials shall not be deposited on public property without the
written approval of the City Engineer and only under such conditions as
he/she may impose. Any barricading required by the City Engineer shall be
provided by the contractor.
(k) Section 109.2 of Chapter 1, Division II of the 2010 California Building Code
is hereby deleted in its entirety and replaced as follows:
109.2 Schedule of plan check and permit fees. On buildings, structures,
electrical, gas, mechanical, plumbing systems and grading, or alterations
thereof that require a permit, a fee for each plan check and permit shall be
paid as required, in accordance with the schedule as established by a the
City Council resolution in effect at the time of plan check application and
issuance of the permit.
109.2.1 Plan check fees. When construction documents are required,
they should be submitted for plan check by the Building Official. A plan
check fee shall be paid at the time of submitting the documents for plan
check. The plan check fees specified in this section are separate fees
from the permit fees specified in Section 109.2 and are in addition to the
permit fees.
When submittal documents are incomplete or changed or amended so as
to require additional plan review, or when the project is phased as defined
in Section 107.3.3, or when the project involves deferred submittal items
as defined in Section 107.3.4.2, additional plan check fees 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.
109.2.2 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 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 city staff. The payment of such investigation fee shall not
exempt an applicant from compliance with all other provisions of the
Tustin City Code nor from the penalty prescribed by law.
A real estate investigation fee may also be charged for any investigation of
a building, structure, or property, when approved by the Building Official
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and requested by an owner or authorized agent of such owner. Such fee
shall be equal to or less than the cost of providing the inspection and/or
investigation.
(I) Section 109.3 of Chapter 1, Division II of the 2010 California Building Code
is hereby deleted in its entirety and replaced as follows:
109.3 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, and grading as determined 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 or regionally recognized
standards.
(m) Section 109.6 of Chapter 1, Division II of the 2010 California Building Code
is hereby deleted in its entirety and replaced as follows:
109.6 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.
(n) Section 110.3 Required inspections of Chapter 1, Division II of the 2010
California Building Code is hereby deleted in its entirety and replaced as
follows:
110.3 Required inspections. The Building Official, upon notification, shall
make the inspections set forth in this Section. Structural tests, special
inspections and structural observation shall also comply with the provisions
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of Chapter 17 of the California Building Code.
110.3.1 Grading, excavation and filling inspection. Inspection shall be
conducted during earthwork, excavations, grading and filling operations in
accordance with Section 1704.7, Chapter 18, and the Tustin City Code.
110.3.2 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.
110.3.3 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.
110.3.4 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.
110.3.5 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.
110.3.6 Lath and gypsum board inspection. Lath and gypsum board
inspections shall be made after lathing and gypsum board, interior and
exterior, are 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.
110.3.7 Fire-resistant penetrations. Protection of joints and penetrations
in fire-resistance-rated assemblies, smoke barriers and smoke partitions
shall not be concealed from view until inspected and approved.
110.3.8 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.
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110.3.9 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.
110.3.10 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 City of Tustin.
110.3.11 Final inspections. The final inspection shall be made after all
work required by the building permit is completed.
(o) Section 113.1 General of Chapter 1 Division II of the 2010 California
Building Code is hereby deleted in its entirety and replaced as follows:
113.1 General. The Building 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 Building 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 Building 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.
All Building 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. The order of the Building Board of Appeals shall
be immediately final.
113.1.1 Application. Applicants for a hearing before the Building Board
of Appeals shall pay a fee in the amount set by City Council resolution
prior to administrative 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 Building 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 his/her case
at any proceedings involving their applications.
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(p) Section 114.1 of Chapter 1 Division II of the 2010 California Building Code
is hereby deleted in its entirety and replaced as follows:
114.1 Unlawful acts. It shall be unlawful for any person, firm or
corporation to grade, 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 Tustin City Code.
(q) Section 114.4 of Chapter 1 Division II of the 2010 California Building Code
is hereby deleted in its entirety and replaced as follows:
114.4 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
the Penalty Provisions of the Tustin City Code.
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.
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.
(r) Section 116 of Chapter 1, Division II of the 2010 California Building Code
is hereby deleted in its entirety and replaced as follows:
SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT
116.1 Unsafe sites, buildings, structures, equipment and nuisances.
All sites, buildings, structures or existing equipment which are determined
by the Building Official to be unsafe, unsanitary or deficient, as this
division or in any other effective ordinance, including but not limited to the
International Property Maintenance Code, the Uniform Housing Code, and
the Uniform Code for the Abatement of Dangerous Buildings as adopted
by the City of Tustin constitute an unsafe condition. All such unsafe
conditions, sites, buildings, structures, or equipment are hereby declared
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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 the Tustin City Code or by any other legal means.
SECTION 4, Section 8102 of Chapter 1 of Article 8 of the Tustin City Code is hereby
deleted in its entirety and replaced as follows:
8102 ADOPTION OF THE 2010 CALIFORNIA BUILDING CODE
Except as provided in this chapter, those certain building codes known and
designated as the California Building Code, 2010 Edition, based on the 2009
International Building Code as published by the International Code Council,
excluding Chapter 1 Division II, 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.
SECTION 5. Section 8103 of Chapter 1 of Article 8 of the Tustin City Code is hereby
amended as follows: Subsections (a) through (o) are hereby deleted in their entirety and
replaced with subsections (a) through (u) as provided below; subsection (p) is hereby
renumbered as subsection (v).
8103 AMENDMENTS TO THE 2010 CALIFORNIA BUILDING CODE
The 2010 California Building Code is hereby amended as follows:
(a) Section 403, the first paragraph of Section 403.1, and definition no. 2 under
HIGH-RISE BUILDING of Section 403.1.1 of the 2010 California Building
Code are amended to read as follows:
SECTION 403
HIGH-RISE BUILDINGS HAVING OCCUPIED FLOORS LOCATED
MORE THAN 55 FEET ABOVE THE LOWEST LEVEL OF FIRE
DEPARTMENT VEHICLE ACCESS AND GROUP I-2 OCCUPANCIES
HAVING OCCUPIED FLOORS LOCATED MORE THAN 75 FEET
ABOVE THE LOWEST LEVEL OF FIRE DEPARTMENT VEHICLE
ACCESS
403.1 Applicability. New high-rise buildings having occupied floors
located more than 55 feet above the lowest level of fire department vehicle
access and new Group I-2 occupancies having occupied floors located
more than 75 feet above the lowest level of fire department vehicle access
shall comply with Sections 403.2 through 403.6.
403.1.1 Definitions.
HIGH-RISE BUILDING: In other than Group I-2 occupancies "high-rise
Ordinance No. 1386
Page 14 of 34
buildings as used in this code:
2. High-rise structure shall mean every building of any type of
construction or occupancy having floor used for human occupancy located
more than 55 feet above the lowest floor level having building access (see
Section 403.1.2), except buildings used as hospitals as defined by the
Health and Safety Code Section 1250.
(b) Section 403.4.7.2 and 403.4.8.1 of the 2010 California Building Code are
modified by moving Item 2. "Ventilation and automatic fire detection
equipment for smoke proof enclosures" from section 403.4.7.2 "Standby
Power Loads" and placing it in 403.4.8.1 "Emergency Power Loads". The
revised sections are to read as follows:
403.4.7.2 Standby power loads. The following are classified as standby
power loads:
1. Power and lighting for the fire command center required by Section
403.4.5; and
2. Standby power shall be provided for elevators in accordance with
Sections 1007.4, 3003, 3007, and 3008.
403.4.8.1 Emergency power loads. The following are classified as
emergency power loads:
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;
5. Fire alarm systems;
6. Electrically powered fire pumps; and
7. Ventilation and automatic fire detection equipment for smoke
proof enclosures.
(c) Sections 412.1 and 412.2 of the 2010 California Building Code are hereby
deleted in their entirety and replaced as follows:
412.1 General. Aircraft-related occupancies, except for Emergency
Helicopter Landing Facility, shall comply with Sections 412.1 through 412.7
and the California Fire Code.
412.2 Definitions. The following words and terms shall, for the purposes
of this chapter and as used elsewhere in this code, have the meanings
shown herein.
Ordinance No. 1386
Page 15 of 34
APPROACH-DEPARTURE PATH. The flight path of the helicopter as it
approaches or departs from the landing pad.
EMERGENCY HELICOPTER LANDING FACILITY (FREE). A landing
area on the roof of a building that is not intended to function as a heliport
or helistop but is capable of accommodating fire or medical helicopters
engaged in emergency operations.
FIXED BASE OPERATOR (FBO). A commercial business granted the
right by the airport sponsor to operate on an airport and provide
aeronautical services, such as fueling, hangaring, tie-down and parking,
aircraft rental, aircraft maintenance and flight instruction.
HELIPORT. An area of land or water or a structural surface that is used,
or intended for the use, for the landing and taking off of helicopters, and
any appurtenant areas that are used, or intended for use, for heliport
buildings or other heliport facilities.
HELISTOP. The same as "heliport," except that no fueling, defueling,
maintenance, repairs or storage of helicopters is permitted.
RESIDENTIAL AIRCRAFT HANGAR. An accessory building less than
2,000 square feet (186 m2) and 20 feet (6096 mm) in building height
constructed on a one- or two-family property where aircraft are stored.
Such use will be considered as residential accessory use incidental to the
dwelling.
SAFETY AREA. A defined area surrounding the landing pad which is free
of obstructions.
TAKEOFF AND LANDING AREA. The combination of the landing pad
centered within the surrounding safety area.
TRANSIENT AIRCRAFT. Aircraft based at another location and at the
transient location for not more than 90 days.
(d) Section 412.7.5 is hereby added to the 2010 California Building Code to
read as follows:
SECTION 412.7.5.
Emergency Helicopter Landing Facility.
Section 412.7.5.1 General. Every building of any type of construction or
occupancy having floors used for human occupancy located more than 75
ft above the lowest level of the fire department vehicle access shall have a
Ordinance No. 1386
Page 16 of 34
rooftop emergency helicopter landing facility (FREE) in a location
approved by the fire code official for only use by fire, police, and
emergency medical helicopters.
Section 412.7.5.2 Rooftop Landing Pad. The landing pad shall be 50 ft.
x 50 ft. or a 50 ft. diameter circle that is pitched or sloped to provide
drainage away from access points and passenger holding areas at a slope
of 0.5 percent to 2 percent. The landing pad surface shall be constructed
of approved non-combustible, nonporous materials. It shall be capable of
supporting a helicopter with a maximum gross weight of 15,000 lbs. For
structural design requirements, see California Building Code.
Section 412.7.5.3 Approach-Departure Path. The emergency helicopter
landing facility shall have two approach-departure paths separated in plan
from each other by at least 90 degrees. No objects shall penetrate above
the approach-departure paths. The approach-departure path begins at
the edge of the landing pad, with the same width or diameter as the
landing pad and is a rising slope extending outward and upward at a ratio
of eight feet horizontal distance for every one foot of vertical height.
Section 412.7.5.4 Safety Area. The safety area is a horizontal plane level
with the landing pad surface and shall extend 25 ft in all directions from
the edge of the landing pad. No objects shall penetrate above the plane of
the safety area.
Section 412.7.5.5 Safety Net. If the rooftop landing pad is elevated more
than 30 in. (2'-6") above the adjoining surfaces, a 6 ft in wide horizontal
safety net capable of supporting 25 Ibs/psf shall be provided around the
perimeter of the landing pad. The inner edge of the safety net attached to
the landing pad shall be slightly dropped (greater than 5 in. but less than
18 in.) below the pad elevation. The safety net shall slope upward but the
outer safety net edge shall not be above the elevation of the landing pad.
Section 412.7.5.6 Take-off and Landing Area. The takeoff and landing
area shall be free of obstructions and 100 ft x 100 ft. or 100 ft. diameter.
Section 412.7.5.7 Wind Indicating Device. An approved wind indicating
device shall be provided but shall not extend into the safety area or the
approach-departure paths.
Section 412.7.5.8 Special Markings. The emergency helicopter landing
facility shall be marked as indicated in Figure 1108.8.1.
Section 412.7.5.9 EHLF Exits. Two stairway exits shall be provided from
the landing platform area to the roof surface. For landing areas less than
2,501 square feet in area, the second exit may be a fire escape or ladder
Ordinance No. 1386
Page 17 of 34
leading to the to the roof surface below. The stairway from the landing
facility platform to the floor below shall comply with CFC 1009.4.2 for riser
height and tread depth. Handrails shall be provided, but shall not extend
above the platform surface.
Section 412.7.5.10 Standpipe systems. The standpipe system shall be
extended to the roof level on which the EHLF is located. All portions of the
EHLF area shall be within 150 feet of a 2.5-inch outlet on a Class I or III
standpipe.
Section 412.7.5.11 Fire extinguishers. A minimum of one portable fire
extinguisher having a minimum 80-B:C rating shall be provided and located
near the stairways or ramp to the landing pad. The fire extinguisher
cabinets shall not penetrate the approach-departure paths, or the safety
area. Installation, inspection, and maintenance of extinguishers shall be in
accordance with the CFC, Section 906.
Section 412.7.5.12 EHLF. Fueling, maintenance, repairs, or storage of
helicopters shall not be permitted.
Figure 1108.8.1 Helicopter Landing Pad Markings
20' Inside Diameter
2' Line Widtl
Red in Color ~
50'
1X5
Address Numbers:
5' High, 1' Line Width
Black in Color
12345
Numbers:
10' High
2' Line Width
Red in Color
Touchdown
Pad Boundary
1' in Width ~.
Red in Color
50'
Ordinance No. 1386
Page 18 of 34
1. The preferred background is white or tan.
2. The circled, red numbers indicate the allowable weight that the facility
is capable of supporting in thousands of pounds.
3. The numbers shall be oriented towards the preferred flight (typically
facing the prevailing wind).
(e) Section 903.3.1.1.1 Exempt locations of the 2010 California Building Code
is hereby amended by revising Item 4 as follows:
4. When approved by the fire code official spaces or areas in
telecommunications buildings used exclusively for telecommunications
equipment, and associated electrical power distribution equipment,
provided those spaces or areas are equipped throughout with an
automatic smoke detection system in accordance with Section 907.2 and
are separated from the remainder of the building by fire barriers consisting
of not less than 1-hour fire barriers constructed in accordance with Section
707 or not less than 2-hour horizontal assemblies constructed in
accordance with Section 712, or both..
(f) Section 903.4 Sprinkler system supervision and alarms of the 2010
California Building Code is hereby revised by modifying Exception 1,
deleting Exceptions 3 and 5, and renumbering the Exceptions as follows:
1. Automatic sprinkler systems protecting one- and two-family dwellings.
2. Limited area systems serving fewer than 20 sprinklers.
3. Jockey pump control valves that are sealed or locked in the open
position.
4. Valves controlling the fuel supply to fire pump engines that are sealed
or locked in the open position.
5. Trim valves to pressure switches in dry, preaction and deluge
sprinkler systems that are sealed or locked in the open position.
(g) Section 904.3.5 of the 2010 California Building Code is hereby revised as
follows:
904.3.5 Monitoring. Where a building fire alarm or monitoring system is
installed, automatic fire-extinguishing systems shall be monitored by the
building fire alarm or monitoring system in accordance with NFPA 72.
(h) Section 905.4 Location of Class I standpipe hose connections of the 2010
California Building Code is hereby amended by adding Items 7 and 8 to
read as follows:
7. The centerline of the 2.5 inch (64 mm) outlet shall be no less than 18
inches (457 mm) above and no more than 24 inches (610 mm) above
the finished floor.
Ordinance No. 1386
Page 19 of 34
8. Every new building with any horizontal dimensions greater than 300
feet (91 440 mm) shall be provided with either access doors at the
grade level or a 2.5 inch (64 mm) hose outlet(s). 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. These doors are for fire department
access only and need not meet other requirements of this code.
(i) Section 907.2.13 of the 2010 California Building Code is hereby deleted in
its entirety and replaced as follows:
[F] 907.2.13 High-rise buildings having occupied floors located more
than 55 feet above the lowest level of fire department vehicle access
and Group I-2 occupancies having floors located more than 75 feet
above the lowest level fire department vehicle access. High-rise
buildings having occupied floors located more than 55 feet above the
lowest level of fire department vehicle access and Group I-2 occupancies
having floors located more than 75 feet above the lowest level fire
department vehicle access shall be provided with an automatic smoke
detection system in accordance with Section 907.2.13.1, a fire department
communication system in accordance with Section 907.2.13.2 and an
emergency voice/alarm communication system in accordance with Section
907.5.2.2.
Exceptions:
1. Airport traffic control towers in accordance with Section 907.2.22
and Section 412.
2. Open parking garages in accordance with Section 406.3.
3. Buildings with an occupancy in Group A-5 in accordance with
Section 303.1.
4. Low-hazard special occupancies in accordance with Section
503.1.1.
5. In Group I-2 and R-2.1 occupancies, the alarm shall sound at a
constantly attended location and general occupant notification shall be
broadcast by the emergency voice/alarm communication system.
Q) Section 907.3.1 of the 2010 California Building Code is hereby deleted in
its entirety and replaced as follows:
[F] 907.3.1 Duct smoke detectors. Smoke detectors installed in ducts
shall be listed for the air velocity, temperature and humidity present in the
duct. Duct smoke detectors shall be connected to the building's fire alarm
control unit when a fire alarm system is installed. Activation of a duct
smoke detector shall initiate a visible and audible supervisory signal at a
constantly attended location and shall perform the intended fire safety
Ordinance No. 1386
Page 20 of 34
function in accordance with this code and the California Mechanical Code.
Duct smoke detectors shall not be used as a substitute for required open
area detection.
Exception:
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.
(k) Section 907.5.2.2 Emergency voice/alarm communication systems of the
2010 California Building Code is hereby amended by adding items 5 and 6
to read:
5. Dwelling Units in apartment houses.
6. Hotel guest rooms or suites.
(I) Section 907.6.3.2 of the 2010 California Building Code is hereby deleted in
its entirety and replaced as follows:
907.6.3.2 High-rise buildings. In high-rise buildings having occupied
floors located more than 55 feet above the lowest level of fire department
vehicle access and Group I-2 occupancies having floors located more
than 75 feet above the lowest level 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 waterflow devices.
3. Manual fire alarm boxes
4. Other approved types of automatic detection devices or suppression
systems.
(m) Section 910.3.2.2 of the 2010 California Building Code is hereby deleted
in its entirety and replaced as follows:
[F] 910.3.2.2 Sprinklered buildings. Where installed in buildings
provided with an approved automatic sprinkler system, smoke and heat
vents shall be designed to operate automatically by actuation of a heat-
responsive device rated at least 100° F above the operating temperature
of the sprinkler, unless otherwise approved.
(n) Table 1505.1 of the 2010 California Building Code is hereby amended to
read:
Ordinance No. 1386
Page 21 of 34
TABLE 1505.1a
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
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Unless otherwise required in accordance with Chapter 7A.
(o) Section 1505.1.3 of the 2010 California Building Code is hereby deleted in
its entirety and replaced as follows:
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.
(p) Section 1505.5 Nonclassisfied roofing of the 2010 California Building
Code is hereby deleted in its entirety without replacement.
(q) Section 1505.7 Special purpose roofs of the 2010 California Building Code
is hereby deleted in its entirety without replacement.
(r) Section 3109.4.4 Private Swimming Pools (statewide) of the 2010 California
Building Code is hereby amended by adding Sections 3109.4.4.9 and
3109.4.4.10 to read:
3109.4.4.9 Waste Water Disposal.
No direct or indirect connection shall be made between any storm drain,
sewer, drainage system, seepage pit, underground leaching pit, or subsoil
drainage line, and any line connected to a swimming pool, unless approved
by the Building Official.
Waste water from any filter, scum filter, scum gutter, overflow pool emptying
line or similar apparatus or appurtenance shall discharge into an approved
type receptor by air gap and subsequently into public sewer. The flood level
rim of such receptor shall be at least six (6) inches above the flood level of
the adjacent ground. Each such receptor, when permitted to be connected
to any part of a drainage system shall be provided with an approved three
(3) inch trap.
Plans and specifications for any deviation from the above manner of
installation shall first be approved by the Building Official before any portion
of any such system is installed.
Ordinance No. 1386
Page 22 of 34
3109.4.4.10 Construction Requirements.
(a) All pool construction shall be in conformance with engineered design
for expansive soils, unless a soils report by a registered engineer approved
by the Building Official indicates otherwise.
(b) The pool shall be constructed not less than seven (7) feet from the
top of a cut, fill or natural earth slope, less than five (5) feet from toe of a cut,
fill or natural earth slope not less than five (5) feet from the property line
(measured from water line).
(c) A continuous inspection by a special inspector shall be required on all
pools constructed of reinforced gunite, or reinforced cast in place concrete.
Said special inspector shall insure all electrical bonding is properly installed;
ensure all required reinforcing steel and diving board or slide anchor bolts
are properly in place, ensure concrete is cast to the thickness required for
expansive soil, ensure the concrete is properly placed; and take test
samples during the placing of concrete and such samples shall be tested by
an approved testing laboratory to attain a strength exceeding two thousand
(2,000) psi, or as required by the design engineer at twenty-eight (28) days.
Should such test show the concrete to fail or to be of questionable quality or
strength, the special inspector may require core tests to be taken upon
approval of the Building Official. Special inspectors shall submit to the
Building Official a written report showing the dates of inspection, and the
result of the laboratory tests. The report shall indicate the reinforcing steel is
per the approved drawings, expansive soil details were followed, the work
complies with the approved drawings, this Code and footings and anchor
bolts of diving boards and other pool accessories are adequate.
(s) Section 3400 of the 2010 California Building Code is hereby amended by
adopting Sections 3402 and 3405, and by adding Section 3405.6 to read:
3405.6 Seismic Evaluation and Design Procedures for Repairs. The
seismic evaluation and design shall be based on the procedures specified
in the California Building Code, ASCE 31 Seismic Evaluation of Existing
Buildings (for evaluation only) or ASCE 41 Seismic Rehabilitation of
Existing Buildings. The procedures contained in Appendix A of the
International Existing Building Code shall be permitted to be used as
specified in Section 3403.5.1.1.3.
3405.6.1 Compliance with CBC level seismic forces. Where
compliance with the seismic design provisions of the California Building
Code is required, the procedures shall be in accordance with one of the
following:
Ordinance No. 1386
Page 23 of 34
1.One-hundred percent of the values in the California Building Code.
Where the existing seismic force-resisting system is a type that can be
designated as Ordinary, the values of R, S2o, and Cd used for analysis in
accordance with Chapter 16 of the California Building Code shall be those
specified for structural systems classified as Ordinary in accordance with
Table 12.2-1 of ASCE 7, unless it is demonstrated that the structural
system will provide performance equivalent to that of a Detailed,
Intermediate or Special system.
2. Compliance with ASCE 41 using both BSE-1 and BSE-2 earthquake
hazard levels and the corresponding performance levels in Table
3405.6.1.
TABLE 3405.6.1
PERFORMANCE CRITERIA FOR CBC LEVEL SEISMIC FORCES
PERFORMANCE LEVEL PERFORMANCE
OCCUPANCY FOR USE WITH LEVEL FOR USE WITH
CATEGORY ASCE 41 BSE-1 ASCE 41 BSE-2
(BASED ON CBC EARTHQUAKE EARTHQUAKE
TABLE 1604.5) HAZARD LEVEL HAZARD LEVEL
I Life Safety (LS) Collapse Prevention (CP)
II Life Safety (LS) Collapse Prevention (CP)
III N ote a Note a
IV Immediate Occupancy Life Safety (LS)
(10)
a. Acceptance criteria for Occupancy Category III shall be taken as 80
percent of the acceptance criteria specified for Occupancy Category II
performance levels, but need not be less than the acceptance criteria
specified for Occupancy Category IV performance levels.
3405.6.2 Compliance with reduced CBC level seismic forces. Where
seismic evaluation and design is permitted to meet reduced California
Building Code seismic force levels, the procedures used shall be in
accordance with one of the following:
1. The California Building Code using 75 percent of the prescribed
forces. Values of R, Oo, and Cd used for analysis shall be as specified
in Section 3405.6.1 Item 1.
2. Structures or portions of structures that comply with the
requirements of the applicable chapter in Appendix A of the
International Existing Building Code as specified in Items 2.1 through
2.5 below shall be deemed to comply with this section.
2.1. The seismic evaluation and design of unreinforced masonry
bearing wall buildings in Occupancy Category I or II are permitted
Ordinance No. 1386
Page 24 of 34
to be based on the procedures specified in Appendix Chapter A1.
2.2. Seismic evaluation and design of the wall anchorage system in
reinforced concrete and reinforced masonry wall buildings with
flexible diaphragms in Occupancy Category I or II are permitted to
be based on the procedures specified in Appendix Chapter A2.
2.3. Seismic evaluation and design of cripple walls and sill plate
anchorage in residential buildings of light-frame wood construction
in Occupancy Category I or II are permitted to be based on the
procedures specified in Appendix Chapter A3.
2.4. Seismic evaluation and design of soft, weak, or open-front wall
conditions in multiunit residential buildings of wood construction in
Occupancy Category I or II are permitted to be based on the
procedures specified in Appendix Chapter A4.
2.5. Seismic evaluation and design of concrete buildings in all
Occupancy Categories are permitted to be based on the
procedures specified in Appendix Chapter A5.
3. Compliance with ASCE 31 based on the applicable performance
level as shown in Table 3405.6.2. It shall be permitted to use the BSE-
1 earthquake hazard level as defined in ASCE 41 and subject to the
limitations in item 4 below.
4. Compliance with ASCE 41 using the BSE-1 Earthquake Hazard
Level defined in ASCE 41 and the performance level as shown in
Table 3405.6.2. The design spectral response acceleration parameters
SXS and SX~ specified in ASCE 41 shall not be taken less than 75
percent of the respective design spectral response acceleration
parameters SoS and S~~ defined by the California Building Code and its
reference standards.
TABLE 3405.6.2
PERFORMANCE CRITERIA FOR REDUCED CBC
LEVEL SEISMIC FORCES
OCCUPANCY PERFORMANCE PERFORMANCE LEVEL
CATEGORY LEVEL FOR USE WITH ASCE 41
(BASED ON CBC FOR USE WITH ASCE BSE-1 EARTHQUAKE
TABLE 1604.5 31 HAZARD LEVEL
Life Safety (LS) Life Safety (LS)
II Life Safety (LS) Life Safety (LS)
III Note a, Note b Note a
Ordinance No. 1386
Page 25 of 34
IV Immediate Occupancy Immediate Occupancy
(10) (10)
a. Acceptance criteria for Occupancy Category III shall be taken as 80
percent of the acceptance criteria specified for Occupancy Category I I
performance levels, but need not be less than the acceptance criteria
specified for Occupancy Category IV performance levels.
b. For Occupancy Category III, the ASCE screening phase checklists shall
be based on the life safety performance level.
3405.6.3 Referenced Standards
Standard Referenced
Reference In Code
Number Title Section Number
ASCE 31-03 Seismic Evaluation of Existing Buildings 3405.6.1,
TABLE 3405.6.1
3405.2.4.2,
TABLE 3405.6.2
ASCE 41-06 Seismic Rehabilitation of Existing Buildings 3405.6.1,
Including Supplement No. 1 TABLE 3405.6.1
3405.6.2,
TABLE 3405.6.2
(t) Chapter 35 Referenced Standards of the 2010 California Building Code is
hereby amended by adding the second paragraph to read:
For revisions to NFPA 13, 13R, 13D, 14, 24, and 72, refer to Fire Code
Amendments Chapter 47 Referenced Standards.
SECTION 6, Section 8105 of Chapter 1 of Article 8 of the Tustin City Code is hereby
deleted in its entirety and replaced as follows:
8105 ADOPTION OF STATE HISTORICAL BUILDING CODE
The California Historical Building Code, 2010 Edition, as published by the
International Code Council, shall be and become the Historical Code of the City
of Tustin, providing alternative building regulations for the rehabilitation,
preservation, restoration or relocation of buildings or structures designated as
historical buildings by Federal, State, County, or City laws and/or regulations.
The California Historical Building Code is on file for public examination in the
office of the Building Official.
SECTION 7, Chapter 2 of Article 8 of the Tustin City Code is hereby deleted in its
entirety and replaced as follows:
Ordinance No. 1386
Page 26 of 34
CHAPTER 2
MECHANICAL CODE
8200 ADOPTION OF 2010 EDITION OF THE CALIFORNIA MECHANICAL
CODE
Except as provided in this chapter, the California Mechanical Code, 2010 Edition,
based on the 2009 Uniform Mechanical Code as published by the International
Association of Plumbing and Mechanical Officials, shall be and become the
Mechanical Code of the City of Tustin, 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 2010 California
Mechanical Code is on file for public examination in the office of the Building
Official.
8201 AMENDMENTS TO THE CALIFORNIA MECHANICAL CODE
The 2010 Edition of the California Mechanical Code is hereby adopted with no
amendments.
SECTION 8, Chapter 3 of Article 8 of the Tustin City Code is hereby deleted in its
entirety and replaced as follows:
CHAPTER 3
PLUMBING CODE
8300 ADOPTION OF 2010 EDITION OF THE CALIFORNIA PLUMBING CODE
Except as provided in this chapter, the California Plumbing Code, 2010 Edition,
based on the 2009 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 of Tustin. The 2010 California Plumbing Code will be on file for public
examination in the office of the Building Official.
8301 AMENDMENTS TO THE CALIFORNIA PLUMBING CODE
a. Section 604 of the 2010 California Plumbing Code is hereby amended by
adding Section 604.1.2 to read:
604.1.2 All metallic pipe, fittings and parts of fixtures buried in the ground shall be
protected by at least 40 mils plastic sleeve or equivalent wrapping. Ferrous
piping shall not be permitted under floor slab within a building.
Ordinance No. 1386
Page 27 of 34
b. Section 1209.5 of the 2010 California Plumbing Code is hereby amended
by adding Section 1209.5.1.4 to read:
1209.5.1.4 Approved Polyethylene or other pipe material approved for
underground installation shall be used in exterior buried piping systems.
SECTION 9, Chapter 4 of Article 8 of the Tustin City Code is hereby deleted in its
entirety and replaced as follows:
CHAPTER 4
ELECTRICAL CODE
8400 ADOPTION OF 2010 EDITION OF THE CALIFORNIA ELECTRICAL CODE
Except as provided in this chapter, the California Electrical Code, 2010 Edition,
based on the 2008 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 of Tustin. The 2010 California Electrical Code is on file
for public examination in the office of the Building Official.
8401 AMENDMENTS TO THE CALIFORNIA ELECTRICAL CODE
The 2010 Edition of the California Electrical Code is hereby amended as follows:
(a) Article 300.5 of the 2010 California Electrical Code is hereby amended, by
the addition of a new subsection (L) to read:
300.5(L) Earth within the City of Tustin is corrosive, unless the permittee
proves to the satisfaction of the Building Official the earth in the specific project
area 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.
(b) Article 310.2(8) of the 2010 California Electrical Code is hereby amended by
adding a second paragraph to read:
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.
SECTION 10, Chapter 9A of Article 8 of the Tustin City Code is hereby deleted in its
entirety and replaced as follows:
Ordinance No. 1386
Page 28 of 34
CHAPTER 9A
CALIFORNIA EXISTING BUILDING CODE
A8900 ADOPTION OF 2010 EDITION OF THE CALIFORNIA EXISTING
BUILDING CODE
Except as provided in this chapter, the 2010 California Existing Building Code
Appendix A-1, based on the 2009 International Existing Building Code as published
by the International Code Council, shall be and become the Existing Building Code
of the City of Tustin for regulating existing unreinforced masonry bearing wall
buildings in the City. The 2010 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 2010 Edition of the California Existing Building Code is hereby adopted with
no amendments.
SECTION 11, Chapter 1A of Article 8 of the Tustin City Code is hereby added to read
as follows:
A8100 ADOPTION OF THE 2010 CALIFORNIA RESIDENTIAL CODE
Except as provided in this chapter, the California Residential Code, 2010 Edition,
based on the 2009 International Residential Code as published by the International
Code Council, shall be and become the Residential Building Code of the City of
Tustin, providing for the enforcement of the construction, alteration, movement,
enlargement, replacement, repair, equipment, use and occupancy, location,
maintenance, removal and demolition of every detached one-and two-family
dwelling, townhouse not more than three stories above grade plane in height with a
separate means of egress and structures accessory thereto. The 2010 California
Residential Code will be on file for public examination in the Community
Development Department.
A8101 Amendment to the 2010 Edition of the California Residential Code
(a) Section R301.2 of the 2010 California Residential Code is hereby
amended by revising Table R301.2(1) to read:
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
WIND DESIGN SUBJECT TO DAMAGE FROM
GROUND Speed SEISMIC Frost WINTER ICE BARRIER AIR MEAN
SNOW ° opographi DESIGN line Termite DESIGN UNDERLAYMENT FLOOD FREEZING ANNUAL
LOAD m h effects'` CATEGORY eatherin De th" TEMP° REQUIRED" HAZARDS° INDEX' TEMP
NFIP Maps
164, 168,
169, 277,
278, 279,
281, 282,
Very and 283 in
Zero 85 No D, or E Ne li ible 0" Heav 43 No Communit 0 60
Ordinance No. 1386
Page 29 of 34
235
December
3, 2009
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.
a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the
structural requirements of this code. The weathering column shall be filled in with the weathering
index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering
Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34,
C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.
b. The frost line depth may require deeper footings than indicated in Figure R403.1(1).
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on
whether there has been a history of local subterranean termite damage.
d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map
[Figure R301.2(4)]. Wind exposure category shall be determined on asite-specific basis in
accordance with Section R301.2.1.4.
e. Temperatures shall be permitted to reflect local climates or local weather experience as determined
by the Building Official.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from
Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the
National Flood Insurance Program (date of adoption of the first code or ordinance for management of
flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and
dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority
having jurisdiction, as amended.
h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and
R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the
jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of
the table with "NO."
i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-
days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center
data table "Air Freezing Index- USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.htrnl.
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National
Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at
www. ncdc. noaa. gov/fpsf. html.
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural
damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of
the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table.
(b) Section R313.1 Townhouse automatic fire sprinkler systems of the 2010
California Residential Code is hereby amended to read:
See City of Tustin adopted California Fire Code, Section 5130 et al.
(c) Section R313.2 One- and two-family dwellings automatic fire systems of
the 2010 California Residential Code is hereby amended to read: (For 1
and 2 family dwellings)
See City of Tustin California Fire Code Section 5130 et al.
(d) Section R403.1.3 Seismic reinforcing of the 2010 California Residential
Code is hereby amended by deleting the exception.
Ordinance No. 1386
Page 30 of 34
(e) Section R405.1 Concrete or masonry foundations of the 2010 California
Residential Code is hereby amended by deleting the exception.
(f) Section R902.1 of the 2010 California Residential Code is hereby deleted in
its entirety and replaced as follows:
R902.1 Roofing covering materials. Roofs shall be covered with
materials as set forth in Sections R904 and R905. A minimum Class A or
B roofing shall be installed in areas designated by this section. Classes A
or B roofing required by this section to be listed shall be tested in
accordance with UL 790 or ASTM E 108.
Exceptions:
1. Class A roof assemblies include those with coverings of brick,
masonry and exposed concrete roof deck.
2. Class A roof assemblies also include ferrous or copper shingles or
sheets, metal sheets and shingles, clay or concrete roof tile, or slate
installed on noncombustible decks.
(g) Section R902.1.3 of the 2010 California Residential Code is hereby deleted
in its entirety and replaced as follows:
R902.1.3 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) Section R902.2, first paragraph of the 2010 California Residential Code is
hereby amended to read:
R902.2 Fire-retardant-treated shingles and shakes. Fire-retardant-
treated wood shakes and shingles are wood shakes and shingles
complying with UBC Standard 15-3 or 15-4 which are impregnated by the
full-cell vacuum-pressure process with fire-retardant chemicals, and which
have been qualified by UBC Standard 15-2 for use on Class A or B roofs.
(i) Chapter 44 Referenced Standards of the 2010 California Residential Code is
hereby amended by adding the second paragraph to read:
For revisions to NFPA 13, 13R, 13D, 14, 24, and 72, refer to Fire Code
Amendments Chapter 47 Referenced Standards.
SECTION 12, Chapter 1 B of Article 8 of the Tustin City Code is hereby added to read
as follows:
Ordinance No. 1386
Page 31 of 34
B8100 ADOPTION OF THE 2010 CALIFORNIA GREEN BUILDING STANDARDS
CODE
Except as provided in this chapter, the California Green Building Standards Code,
2010 Edition, as published by the International Code Council, shall be and become
the Green Building Standards Code of the City of Tustin, providing for the
administration and enforcement of the planning, design, operation, construction,
use and occupancy of every newly constructed buildings or structures. The 2010
California Green Building Standards Code will be on file for public examination in
the Community Development Department.
B8101 Amendment to the 2010 Edition of the California Green Building Standards
Code
(a) Section 202 Definitions of the 2010 California Green Building Standards
Code is hereby amended to add the following definition:
Sustainability. Consideration of present development and construction
impacts on the community, the economy, and the environment without
compromising the needs of the future.
(b) Section 4.304.1 of the 2010 California Green Building Standards Code is
hereby deleted in its entirety and replaced as follows:
Irrigation controllers. Automatic irrigation system controllers for
landscaping provided and installed at the time of final inspection and shall
comply with the following:
Controllers shall be weather- or soil moisture-based irrigation
controllers that automatically adjust irrigation in response to
changes in plants' needs as weather conditions change.
2. Weather-based controllers without integral rain sensors or
communication systems that account for local rainfall shall
have a separate wired or wireless rain sensor which connects
of communicates with the controller(s). Soil moisture-based
controllers are not required to have rain sensor input.
SECTION 13, Chapter 5 of Article 8 of the Tustin City Code is hereby deleted in its
entirety without replacement.
SECTION 14, Section 8106 of Chapter 1 of Article 8 of the Tustin City Code is hereby
added to read as follows:
8106 ADOPTION OF PROPERTY MAINTENANCE CODE
The International Property Maintenance Code, 2009 Edition, including Appendix
A as published by the International Code Council, shall be and become the
Property Maintenance Code of the City of Tustin, providing regulations for the
maintenance of buildings and properties. The International Property
Maintenance Code is on file for public examination in the office of the Building
Ordinance No. 1386
Page 32 of 34
Official.
SECTION 15, Section 8107 of Chapter 1 of Article 8 of the Tustin City Code is hereby
added to read as follows:
8107 ADOPTION OF UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS
The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as
published by the International Code Council, shall be and become the Code of
the City of Tustin, providing regulations for requirements for the repair, vacate, or
demolition of buildings or structures which from any cause endanger the life,
limb, health, moral, property, safety, or welfare of the general public or their
occupants. The Uniform Code for the Abatement of Dangerous Buildings is on
file for public examination in the office of the Building Official.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this 7t" day of December, 2010.
ATTEST:
PAMELA STOKER
CITY CLERK
Ordinance No. 1386
Page 33 of 34
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1386
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 five (5); that the above and foregoing Ordinance No.
1386 was duly and regularly introduced and adopted at a regular meeting of the City
Council held on the 7t" day of December, 2010 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
Amante, Nielsen, Gavello, Gomez, Murrav (5)
None (Q)
None
None
(0)
(0)
Ordinance No. 1386
Page 34 of 34