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HomeMy WebLinkAbout15 UBC UPDATE 12-04-95 NO. 15 ~ "-~4 -9_5 Inter-Corn DATE: DECEMBER 4, 1995 TO' FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT PROPOSED ADOPTION OF THE UPDATED EDITION ~OF THE UNIFORM BUILDING CODE AND ASSOCIATED TECHNICAL CODES WITH LOCAL MODIFICATIONS RECOMMENDATION It is recommended that the City Council take the following actions: · Schedule a public hearing for the regular meeting of the City Council on January 2, 1996 in order to receive public input regarding the adoption of the new editions of the building codes. 2. Hold first reading of Ordinance No. 1160, by title only. 3. Introduce Ordinance No. 1160. FISCAL IMPACT The adoption of the 1994 Edition of the Uniform Building Code and associated technical codes, with local'modifications, does not have fiscal impact upon the cost of providing building plan check and inspection services for the City. BACKGROUND As is the case with the Uniform Fire Code, the Uniform Building Codes promulgated by the International Conference of Building Officials, are revised every three years. Neither the UnifOrm Building Codes or the Uniform Fire Code are intended to stand alone. The total package (i.e. Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code, Uniform Administrative Code, Uniform. Housing Code, Uniform Sign Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Building Code, Uniform Pool, Spa, and Hot Tub Code, and the Uniform Solar Energy Code), give cities a complete and comprehensive program of model codes. The codes are compatible with one another and have been correlated so that there are no conflicts between them. December 4, 1995 Page two The Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Housing Code, and the National Electrical Code (as amended by the State of California) are mandated for use by local jurisdictions on a statewide basis. The Uniform Administrative Code, Uniform Sign Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Building Code, Uniform Pool, Spa and Hot Tub Code, and the Uniform Solar Energy Code provide the City with certain technical codes to appropriately regulate certain other components of buildings or sites as applicable. The major points of this ordinance .are as follows: o Renumber existing local amendments to conform to the new National Building Code numbering format; o Adopts specific sections of SB 81 for phasing of code upgrades to certain buildings at MCAS Tustin; o Code language updated throughout to make requirements more clear and readable; 0 Fire sprinkler requirements are modified to be consistent with the Fire Code. California law' requires that the City publish notices and make available copies of the resolution and ordinance when adopting certain technical codes by reference. Ordinance No. 1160 and Resolution No. 96-01, along with copies of all the technical codes proposed for.adoption, are now available for public review at the Community Development Department counter at City Hall. The City AttOrney's office has reviewed the proposed ordinance and resolution. Copies of Resolution No. 96-01 and Ordinance No. 1160 for the adoption of the updated building codes are attached. Rick Brown, Building Official Christine Shingl~e~on, Assistant City M~nager Attachment cc report \ubc95. rb\ j ks - 1 RESOLUTION NO. 96-01 10 11 12 13 ~4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA~ SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF TUSTIN WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE UNIFORM BUILDING CODE, THE UNIFORM PLUMBING CODE, AND THE NATIONAL ELECTRICAL CODE REASONABLY NECESSARY FOR HOUSING OCCUPANCIES WHEREAS, Health and Safety Code Section 17958 provides that the City of Tustin ("City") shall adopt Ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922; and WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the Uniform Building and Housing Codes of the International Conference of Building Officials, the Uniform Plumbing Code of theInternational Association of Plumbing and Mechanical Officials, and the National Electrical Code. of the National Fire ProteCtion Association (hereinafter referred to collectively as "Codes"; and WHEREAS, Health and Safety Code Section 17958.5(a) permits'the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geographic or tOpographic conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to the Codes, shall make an express finding that such changes or modifications are reasonably necessary because of local climatic, geographic or topographic conditions; and WHEREAS, the Community Development Department and Orange County. Fire Authority have recommended that changes and modifications be made to the Codes and have advised that certain said changes and modifications to the Uniform Building Code, 1994 Edition and the Uniform Plumbing Code, 1994 Edition and National Electrical Code, 1993 Edition, are reasonably necessary due to local conditions in the City of Tustin and have further advised that the remainder of said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Codes or are reasonably necessary to safeguard life and property within the City of Tustin. Resolution No. 96-01 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as follows: Section 1 Amendments related to fire safety contained in Sections 403.1, 904.1.2, 904.2.8, 1503, Table 15-A, and 3102.3.8 of the 1994 Edition of the Uniform Building Code as recommended by the Community Development Department and Orange County Fire 'Authority are hereby found to be reasonably necessary due to the following, local conditions. A. Climatic Conditions Hot, dry Santa Ana winds are common to all areas within the City of Tustin and Orange County. These winds area constitute a contributing factor which can cause small fires which spreads quickly, and creates the need for an increased level of fire protection. This added protection will supplement normal fire department response available and provide immediate protection for life and safety of multiple occupancy occupants during fire occurrences. · Orange County and the City of Tustin is located in a semi-arid~ 'Mediterranean type climate which predisposes all fuels, including wood shingles to rapid ignition and spread of fire. Therefore, there exists a need for additional fire protection measures. B. Geoqraphic Conditions · Orange County and the City of Tustin are located in Seismic Zone 4. There are earthquake faults that run along both the northeastern and southwestern boundaries of Orange County. The Newport-Inglewood Fault Zone (NIFZ) which runs through Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude, hypocenter off Newport Beach coast), which took 120 lives, with areas damaged from Laguna Beach to Marina del Rey and inland to Whittier, and poses one of the greatest hazards to lives and property in the nation. Regional planning for reoccurrence is recommended by the State of California, Department of Conservation. Resolution No. 96-01 Page 3 . ~ There was also an earthquake in December, 1989, with the epicenter located near the City of Irvine. The fault on which this quake occurred was unknown prior to this activity. The Oc~°ber 17, 1989 Santa Cruz earthquake resulted in only one major San Francisco fire in the Marina district, but when combined with the 34 other fires and over 500 responses, the department was taxed to its full capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. If more fires had been ignited by the earthquake, it would have been difficult for the fire department to contain them. Experts predict a major earthquake in our area with the next 50 years. This situation creates the need for both additional fire protection measures and automatic on-site fire protection for building occupants since a multitude of fires may result from breakage of gas and electric lines as a result of an earthquake. As noted by "Planing Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, 1988, State Department of Conservation," page 59, "unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe"; Traffic and circulation congestion presently existing in the City of Tustin often places fire department response time to fire occurrences at risk. This condition will be exacerbated by any major disaster, including any earthquake wherein damage to the highway system will occur. This condition makes the need for additional on-site protection° for property occupants necessary. Placement of multiple occupancy buildings, location of arterial roads, and fire department staffing constraints due to recent revenue limiting state legislation have made it difficult for the fire department to located additional fire stations and provide manpower sufficient to concentrate fire companies and personnel to control fires in high density apartment or condominium buildings. Resolution No. 96-01 Page 4 Orange County Fire Department equipment does not allow easy access to areas of buildings greater than 55 feet above the level of Fire Department vehicle access. These conditions create the need for built-in on-site fire protection systems to protect occupants and property until fire fighting apparatus and personnel arrive on the scene. . Untreated wood roofs cause or contribute to serious fire hazard and to the rapid spread of fires when such fires are accompanied by high winds. Pieces of burning wooden roofs become flying brands and are carried by the wind to other locations and thereby spread fire quickly. Section 2 Amendments to Sections 313.9, 604.1, and 1211.5 of the 1994 Edition of the Uniform Plumbing Code as recommended by the Community Development Department are hereby found to be reasonably necessary due to the following local conditions for housing. a. The type of soil prevalent in the City of 'Tustin is extraordinarily high in sulfur and acid content. Extra p~ecaution and protection is required for the protection of steel piping and fittings buried in the ground as noted in sections 313.9 and 604.1. . The use of lead and asbestos cement materials in all uotable water supply systems has been prohibited in Section 604.1. C. Certain natural constituents in the water are corrosive to ferrous piping necessitating amendments to Sections 313.9 and 604.1. De Certain natural constituents in local soils which are corrosive to gas piping necessitating amendments to Section 1211.5. Section 3 Amendments to the 1993 edition of the National Electrical Code as recommended by the Community Development Department are hereby found to be reasonably necessary due to the following local conditions for housing. Resolution No. 96-01 Page 5 ae Be Amendments to Article 310-16 are considered necessary due to the fact that improper installation creates a potential fire hazard and aluminum wire size No. 6 and smaller require greater precision and care for proper installation. Article 336-3 is amended to safeguard life and property within the City of Tustin particularly given prevailing fire hazard conditions in the City. Section 4 Additional amendments have been made to the Uniform Building Code, 1994 Edition and its Appendix, the Uniform Plumbing Code, 1994 Edition, and the Uniform Mechanical Code, 1994 Edition. On the recommendation of the Community Development Department, such amendments are hereby found to be either administrative or procedural in nature or concern themselves with subjects not covered in the Uniform Building Code, Uniform Plumbing Code or National Electrical Code. The changes made include provisions making each of said Codes compatible with other Codes enforced by the City and fee schedules. Section 5 The City Clerk shall file a copy of this Resolution with the Department of Housing and Community Development of the State of California. Resolution No. 96-01 Page 6 PASSED and ADOPTED at a regular meeting of the Tustin City Council, held on the 2nd day of January, 1996. Jim Potts Mayor Pamela Stoker, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 96-01 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; that the above and foregoing Resolution No. 96-01 was passed and adopted at a regular meeting of the City Council held on the 2nd day of January, 1996, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Pamela Stoker, City Clerk ccreso/96-01, rb: jks - 1 ORDINANCE NO. 1160 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING SPECIFIED SECTIONS OF ARTICLE 8 OF THE TUSTIN CITY CODE ADOPTING THE 1994 EDITIONS OF THE UNIFORM CODES AS THE BUILDING REGULATIONS OF THE CITY OF TUSTIN The City Council of the City of Tustin does hereby ordain .as follows: Section 1: Sections 8100, 8101, 8102, 8103 of Chapter 1 of Article 8 of the Tustin City Code are hereby repealed in their entirety, and new Sections 8100, 8101, . 8102 and 8103 of Chapter 1 of Article 8 are hereby added in place thereof to read as follows: 8100 - Adoption of 1994 Uniform Administrative Code Except as provided in this chapter, that certain Administrative Code known and designated as the Uniform Administrative Code, 1994 Edition, published by the International Conference of Building Officials, shall be and become the administrative code of the City, providing for the administration and enforcement of the technical codes adopted by the City. One copy of the Uniform Administrative Code has been filed in the office of the City Clerk, and shall be at all times maintained by the City Clerk for use and examination by the public. 8101 Amendment of the .1994 uniform Administrative Code The 1994 Uniform Administrative Code is hereby amended as follows: (a) Section 102.2 is amended by the addition of a paragraph, at the end thereto, to'read as follows: "Notwithstanding the ordinances effective on the date of the construction of a building, conditions requiring subsequent alterations, additions or repairs to such buildings included in and required by subsequent resolutions of the City Council, City Planning Commission, or by the Statutes of the State of California, shall be enforceable through the provisions of Sections 102 and 202 of the Uniform Administrative Code." (b) Section 102.4 Existing Buildings, is hereby amended by the addition of the following paragraph, at the end thereof, to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 2 "EXCEPTION. .Buildings and structures located at MCAS Tustin, which is subject to closure based on action of the federal Defense Base Realignment and Closure Commission, may be approved to comply with provisions of state building standards and state standards of fire safety, or to any regulations or standards promulgated pursuant to state building standards, in a graduated manner over a period of no more than ten years from the date a lease of the building or other structure is entered into, provided that specified conditions are met. This provision would be applicable only to a building.or other structure relating to which a specified sublease is entered into prior to January 1, 1996, or as such authority may be .expanded to other disposition mechanisms or time frames as established by state law. Ail such graduated code compliance phasing shall be as recommended by· the Executive Director of the Local RedevRlopment Authority and as approved by the Building Official. Each such building and graduated phasing schedule shall be considered individually. All such graduated phasing shall conform to provisions of Health and Safety Code Section 18941.7 and all of the following conditions must be met: (1) The use of the building or structure is not hazardous to life safety, fire safety, health, or sanitation, as determined by the Building Official and the Fire Marshal. (2) The building or other structure is under lease between the city, county, city and county, redevelopment agency, or reuse entity and the federal government. (3) The city, county, city and county, redevelopment agency, or reuse entity subleases the building or structure to a private party. (4) The governing body of the city adopts a graduated code compliance plan. (c) section 102.8 is hereby deleted and replaced with the following: 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 ~ 26 27 28 Ordinance No. 1160 Page 3 "Repairs, alterations, and add'itions to designated historic structures shall be regulated by the California State Historical Building Code; California Code of Regulations, Title 24, Part 8. (d) Section 202 is amended by adding Subsection 202.11 to read as follows: "202.11 Infractions. As a law enforcement officer (as authorized by) Sections 202.1 and 202.2, and as authorized by the State Penal Code Sections 17, 19c, 19d, 836.5, 840, 841, 853.6 and 1042, the Building Official of this City is authorized to issue citations. These citations may be issued to persons who have committed an infraction in violation of: (1) A state regulation of the California Code of Regulations which provides for enforcement by the Building Official. (2) City Council adopted editions of the Uniform Administrative Code, Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, Uniform Swimming Pool, Spa and Hot Tub Code, Uniform Solar Energy Code, National Electrical Code, ~Uniform Sign Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings. (3) Current zoning code as adopted by ordinance by the City Council which proVides for enforcement by the Building Official." (e) Section 204.1 is amended by the addition of three paragraphs, and the end thereto, to read as follows: "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. 10 11 12 13 15 16 17 18 i9 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 4 The Board may adopt reasonable rules and regulations for. conducting its investigations and shall render all 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 shall constitute a quorum. The Chairperson of the Planning Commission shall be the presiding officer of the Board and in the Chairpersons's absence the Vice Chairman of the Commission shall serve as the presiding officer. Notices of meetings of the Board 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 shall be legal for any purpose if the written consent of all of the members of the' Board to such meeting is executed and filed in the records of the Board. The Board shall hold meetings at its pleasure. The Board 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, in its discretion, may deem reasonably necessary in order to assist it in its investigations and in making its findings and decisions." (f) Section 205 is amended by the addition of the following three paragraphs, at the end thereto, to read as follows: "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 the Tustin City Code, entitled "Penalty Provisions". 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 5 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 condi'tion 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." (g) Section 301.1 is amended by the addition of Subsection 301.1.1 to read as follows: "301.1.1 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, parkin~ lots, curb & gutter, driveways, sidewalks, disabled access ramps & signage, street & parking~ lot striping and signage, street & parking lot lighting, storm drains, junction structures, catch basins, sewer mains & laterals, water mains & services, landscaping irrigation, and miscellaneous on-site improvements as determined by the Building Official. EXCEPTIONS: · Single family (R-3) residences are excluded from this section Unless they are within a new 10 11 12 13 15 16 17 I18 19 20 21 22 23 24 25' 26 27 28 Ordinance No. 1160 Page 6 . residential tract being constructed within the City. Grading and Private Improvements of a minor nature as determined by the Building Official. (h) Section 301.1 is amended by the addition of Subsection 301.1.2 to read as follows: "301.1.2 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. Upon request to relocate a building or structure, the Building Official shall collect fees from the owner or his representative for an investigative inspection as established.by resolution of the City Council. The Building Official shall determine if the building is capable in his judgment of being moved. In addition, if the building is to be moved into.the City, or relocated within the City, the investigative inspection shall determine if the building will satisfy the zoning and building code requirements. He shall then report in writing, all facts, judgments and information, to advise the owner or his representative, the requirements and conditions to relocate the building. A permit to relocate the building shall be issued only to a building, moving, Wrecking contractor, C- 21 license, to move the building. Concurrent with the relocation permit, grading, building, electrical, plumbing and mechanical permits, as necessary, 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, repaired, and such other work, 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 7 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. If the relocation permit is not issued within ninety (90) days after notice to the applicant by the Building· Official, a new ~investigation fee shall be paid and an additional inspection and written report be made before the relocation permit may be issued. Prior to permit issuance, a refundable cash deposit shall be collected to reimburse the expense to the City for the Building Official to demolish the building or structure, and dispose of the debris in a public dump or other action as required of the Building Official as stated elsewhere. The cash deposit or surety bond (to be only issued by companies which are 'A' rated or better in the "Best Rating Guide" or the "Key Rating Guide to Property Casualty Companies") shall be Two Thousand Five Hundred Dollars ($2,500.00); plus One Dollar and Twenty-five cents ($1.25) 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 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 8 employed by the permittee. The amounts of said insurance shall be as follOws: 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. Contractor shall furnish satisfactory proof of carriage of the insurance required, a certificate of insurance by his insurance carrier naming the City of Tustin an~ its employees as additional insured, and legal assurance that ~ach 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 9 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. There shall be no additional extension. Default in Performance. a · Whenever the Building Official shall find 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 . C · 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. 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 as the Building Official deems appropriate to cause the building to be demolished or completed. d · eo Should the building, while being moved, be wrecked or abandoned in the public right-of-way and the Chief of Police declare the building to be dangerous to the public, the Building Officia~l~ in the interest of public safety shall, without delay, and with no liability to the City or its employees, proceed by such method as the Building Official deems appropriate to cause the building to be removed from the public right-of-way, including demolition. 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 10 Official shall endeavor to have the building owner and/or permittee move or dispose of the building. The Building Official shall, after reasonable time (but no less than thirty (30) days), and with no liability to the City or its employees proceed by such mode as the Building Official deems convenient to cause the building to be demolished or the required work to be performed and completed. (i) Section 301.l is amended by the addition of Subsection 301.1.3 to read as follows: "301.1.3 Demolition of Building or Structure. No building or structure 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. The cash deposit or surety bond (to only be issued by companies which are rated 'A' or better in the "Best Rating Guide" or the "Key Rating Guide to Property Casualty Companies") shall be Two Thousand Five Hundred Dollars ($2,500.00) plus One Dollar and Twenty-five cents ($1.25) 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 state laws, City ordinances, and of the City Building and Zoning Codes. The terms and conditions upon which each 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 27 28 Ordinance. No. 1160 Page 11 permit is granted shall be specified in writing in the permit, or appended in writing thereto. Default in Performance. a · Whenever the Building Official shall find 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. be 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. Ce 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 by such mode as he deems convenient, to cause the building to be demolished but no liability shall be incurred therein, other than for City expenses deducted from the cash deposit. de 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." (j) Section 301.2.1 is amended by the modification of Item 2; by the addition of Item 12; and by the addition of a paragraph, and the end thereof, to read as follows: "2. Wood, steel, or iron fences not over 6 feet in. height and stucco, brick, or block fences not over 3 feet height above finished grade. 12. Other incidental structures and improvements may be exempted from permit requirements as determined by the Building Official. 1 10 11 12 13 15 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 12 Unless otherwise exempted by this Code, separate plumbing, electrical and mechanical permits shall be required for the above exempted items as applicable. Exemption from the 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 the technical codes or any other laws or ordinances of the City." (k) Section 303.4 is hereby deleted and replaced with the following: "Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. The length of time of suspension or abandonment shall be determined by the time lapsed from the filing of a request for inspection with the Building Official or by the documentation of the last inspection in the City's inspection records. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee prior to expiration showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once." ~5 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 ~ 26 27 28 Ordinance No. 1160 Page 13. (1) Section 303 is amended by adding Subsection 303.6 to read as follows: "303.6 Change of Contractor or of Ow,nership. A permit issued hereunder shall expire upon a change .of ownership or a change of contractor regarding 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 the provisions of Section 303.4 above are not applicable and if no changes have been made to the plans and specifications last submitted to the Building Official, no charge, other than the permit issuance fee, shall be made for the issuance'of the new permit under such circumStances. If, however, changes have been made to the plans and specifications last submitted to the .Building Official, a permit fee based upon the valuation of the work to be. completed shall be charged to the permit applicant." (m) Section 304.2 the first paragraph is hereby deleted and replaced with the following: " Permit fee schedules for each technical code adopted by the City shall be that schedule which the City Council may from time to time adopt by resolution. No fees will be required for work financed by the City of Tustin." (n) Section 304.3 the entire section is hereby deleted and replaced with the following: "When a plan or other data are required to be submitted by Section 302.2 or 302.3, a plan review fee .shall be paid at the time of submitting plans and specifications for review. Plan review fees schedules for each technical code adopted by the City shall be that schedule which the City Council may from time to .time adopt by resolution." (o) Section 304.4 is amended by the addition of a paragraph,, at the end thereof, to read as follows: ,'Plans and calculations approved for the construction of multiple buildings shall be revised to conform with new or changed code requirements following the adoption of such new technical codes 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 14 by the City Council. Such new or changed codes shall only apply to .buildings for which no building permit has been issued prior to adoption of the new codes." (p) Section 304.5.2 the entire section is hereby deleted and replaced with the following: "An investigation fee, in addition to the permit fee, shall be required and collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit required by this Code. The minimum investigation fee shall be as established by resolution .of the City Council. The payment of such investigation fee shall not exempt any person from compliance with all of the provisions of either this Code or the technical codes or from any penalty described by law." (q) Section 306.1.13 the entire section is hereby deleted and replaced with the following: "During earthwork, excavations, grading and filling operations inspection to satisfy requirements of UBC Chapter 33 and the City of Tustin Grading and Excavation Code and Grading Manual." (r) The Uniform~ Administrative Code is amended by deleting Table Numbers 3-A, 3-B, 3-C, 3-D, 3-E, 3- F, 3-G and 3-H. 8102 - ADOPTION OF THE 1994 uNIFORM BUILDING CODE (Volumes 1,2,& 3) Except as provided in this chapter, those certain building codes known and designated as the Uniform Building Code 1994 Edition including Appendices (Chapter 3A, Chapter 4 Division I, Chapter 10, Chapter 12A Division IIA, Chapter 15, Chapter 29 and Chapter 31 Division III) published by the International Conference of Building Officials, shall become the building codes 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. One copy each of the Uniform Building Code and its appendices has been filed in the office of the City Clerk, and shall be at all times 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 15 maintained by the City clerk for use and examination by the public. 8103 - AMENDMENTS TO THE UNIFORM BUILDING CODE The 1994 Uniform Building code is hereby amended as follows: (a) Chapter I Chapter 1, Administration,is hereby amended by the deletion of the following Sections; 105.1, 106.1, 106.2, 106.3.1, 106.3.2, 106.3.3, 106.3.4.1, 106.3.4.2, 106.4.1, 106.4.4, 107.2, 107.3, 107.4, 107.5.1, 107.5.2, and Table 1-A. (b) Section 310.9.1.1 is hereby amended, by adding a new paragraph to the end. thereof, to read as follows: "It shall be the responsibility of the owner to supply, install and maintain all required smoke detectors. The owner shall be responsible for annually testing all required smoke detectors." (c) Section 403.1 is hereby amended, by the deletion of Section 403.1 and the addition of a new Section 403.1, to read as follows: "This section applies to all Group B office buildings and Group R, Division 1 Occupancies, each having floors used for human occupancy located more than 55 feet above the lowest level of fire department vehicle access. Such buildings shall be of Type I or' II-F.R. construction and shall be provided with an approved automatic sprinkler system'in accordance with Section 403.2. Additional fire and life safety provisions as contained in the fire protection regulations for the City of Tustin shall also apply." (d) Section 502 is hereby amended, by the addition of two paragraphs at the end thereof, to read as follows: "Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 16 street or road fronting the property. Said numbers shall contrast with their background. Any commercial building occupied by more than one business shall have numbers or addresses placed on or immediately adjacent to all doors that would allow fire department access in an emergency. In no case shall the numbers be less than four (4) inches for residential and six (6) inches for commercial with a one (1) inch stroke. Multiple units (i.e. apartments, condominiums, townhouses, businesses, etc.) having entrance doors not visible from the street or road shall have approved numbers grouped for all businesses within each structure and positioned so as to be plainly visible from the street or road. Said numbers may be grouped on the wall of the structure or on a substantial mounting post independent of the structure." (e) Section 904.1.2 is hereby amended, by the deletion of the first sentence and the addition of two paragraphs, to read as follows: "Automatic fire-extinguishing systems shall be installed in accordance with the NFPA standards as adopted in Appendix V of the Fire Code amendments contained in Tustin Ordinance No. 1159. When a residential sprinkler- system is provided where specified in NFPA 13R, as adopted in Appendix V of the Fire Code amendments, exceptions to, or reductions in, code requirements allowed because of the installation of an automatic fire-extinguishing system are not permitted. (f) Section 904.2.2 is hereby amended, by adding a new item 6 to this section, to read as follows: "6. In all new or enlarged buildings or structures when the gross square footage thereof exceeds six thousand (6,000) square feet or more than two (2) stories. For the purposes of subsection 6, area separation walls shall not define separate buildings. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 17 (g) Section 904.2.2.3 is hereby amended, by the deletion of the entire-section and the addition of the following paragraph, to read as follows: "An automatic sprinkler system shall be installed in Group A Occupancies which have more than 6,000 square feet of floor area which can be used for exhibition or display purposes." (h) Section 904.2.4.1 is hereby amended by the deletion of exception number 2 with no replacement thereof. (i) Section 904.2.7 is hereby amended, by the deletion of the entire section and the addition of the following paragraph, to read as follows: "An automatic sprinkler system shall be installed in retail sales rooms classed as Group M Occupancies where the floor area of the building exceeds 6,000 square feet. The floor area of mezzanines shall be included in the calculation of total floor area. (j) Section 904.2.8 is hereby amended, by the deletion of the entire section and the addition of the following three paragraphs, to read as follows: "Group R Occupancies. Ail new Group R, Division 1 and Group R, Division 3 Occupancies, other than detached one and two family dwellings, shall be equipped with an automatic sprinkler system. Residential or quick-response standard sprinkler shall be used in the dwelling unit and guest room portions of the building. · Ail new R-3 Occupancies, detached one and two family dwellings, where the gross square footage exceeds 5,500 square feet or more than two stories in height, shall be equipped with an automatic sprinkler system. Residential or quick response standard sprinkler heads shall be used in ~the dwelling unit and guest room portions of the building. For the purposes of this section, area or occupancy separation walls shall not define separate buildings." 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 18 (k) Section 904.4 is hereby amended, by the addition of a new paragraph at the end of Item 2, to read as follows: "Other fire extinguishing systems compatible with the hazardous materials being stored or used shall be installed to protect special hazards or occupancies in lieu of automatic sprinklers." (1) Section 904.5.2 is~hereby amended, by the addition of five new paragraphs at the end thereof, to read as follows: "Every new building with any horizontal dimension greater than three hundred (300) feet shall be provided with either access doors or hose outlets located so that alt portions of the building can be reached with one hundred fifty 150 feet of hose from an access door or hose outlet. Required access doors shall be located in the exterior wall of the building and shall be accessible without the use of a ladder. The door dimensions shall be not less than three (3) feet in width nor less than six (6) feet eight (8) inches in height. The hose outlets shall be two and one-half (2 1/2) inches in size with an approved valve. The water supply for the hose outlets shall be supplied as follows: · By a separate main from the system side of the check valve at the fire department connection; or · From an adjacent section of the sprinkler system arranged to allow the hose outlets to deliver water when the sprinkler system, or portion of the system that protects the area served by the hose outlet, is shut off." (m) Section 1503 is hereby amended, by the deletion of the first paragraph and the addition of a new paragraph thereto, to read as follows: "The minimum roof covering assembly classification for any building is Class B.. Class A roof covering assemblies are required for all buildings located within the Hillside District as defined in the East 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~6 27 28 Ordinance No. 1160 Page 19 Tustin Specific Plan or when required by Table 15-A as amended by the City." (n) Table 15-A is hereby amended, by the deletion of Table 15-A and the addition of a new Table 15-A thereto, to read as follows: TABLE 15-A MINIMUM ROOF COVERING CLASSIFICATIONS TYPES OF CONSTRUCTION I II III IV V OCCUPANCY F.R F.R 1- N 1- N H.T 1- N Hr Hr Hr A-1 B B ....... A) 2-2.1 B B B - B - B B - A-3 B B B B B B B B B A-4 B B B B B B B B B B B B B B~ B B B B B E B B B B B B B B B F B B B B B B B B B H-1 A A A A ..... H) 2-3-4-5-6-7 A B B B B B B B B I)1.1-1.2-2 A B B - B - B B - I-3 A B B - B - _ B - M B B B B B B B B B R-1 B B B B B B B B B R-3 B B B B B B B B B S-l, S-3 B B B B B B B B B S-2, S-5 B B B B B B B B B S-4 B B B B ..... U B B B B B B B B B A- Class A Roofing F.R.- Fire Resistive B- Class B Roofing H.T.- Heavy Timber (o) Section 3102.3.8 is hereby amended, by the deletion of the entire section and the addition of a new section thereto, to read as follows: "Spark arresters shall be installed on all chimneys attached to fireplaces or appliances that burn solid fuel. The net free area of the spark arrester 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 20 shall be not less than four times the net free area of the outlet of the chimney. The spark arrester screen shall have heat and corrosion resistance equivalent to No. 12 gage wire, No. 19 gage galvanized wire, No. 24 gage stainless steel. Openings shall not permit the passage of spheres having a diameter of larger than 1/2 inch.and shall not block the passage of spheres having a diameter of less than 3/8 inch. Chimneys used with fireplaces or heating appliances in which solid or liquid fuel is used shall be provided with a spark arrestor as required by Uniform Fire Code section 1109.7." (p) Section 3501 is hereby amended, by deleting standards 9-1 and 9-3 and adding new reference standards, to read as follOws: "UBC Standard 9-1 is not adopted and whenever it is referenced in this code it shall mean NFPA 13, 1994 Edition, as specified in the Fire Code amendments as adopted in the Tustin City Code. UBC Standard 9-3 is not adopted and whenever it is referenced in this code it shall mean NFPA 13R, 1994 Edition, as specified in the Fire Code amendments as adopted in the Tustin City Code. (q) Section 406.1 of Appendix 4, Division 1 is hereby amended, by the deletion of the first sentence of Item No. 1 and the addition of a new first sentence, to read as follows: "1. The top of the barrier shall be at least sixty (60) inches above grade measured on the side of the barrier which faces away from the swimming pool." (r) Section 406.1 of Appendix 4, Division 1, Item 5, Exception 2, is hereby amended by the addition of the following sentence at the end thereof, to read as follows: "Property owners may elect to not provide an audible door alarm as required by this section. If the property owner does not elect to install a door alarm, then a written statement of their decision shall be filed with the Building Official." 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 Ordinance No. 1160 Page 21 (s) Section 1024 of Appendix Chapter 10 is hereby amended, by the deletion of the first sentence and the addition of a new sentence, to read as follows: "The purpose of this code is to establish minimum standards to make buildings resistant to unlawful entry." (t) Section 1025 of Appendix Chapter 10 is hereby amended, by the deletion of the first paragraph the addition of a new paragraph, to read as follows: "The provisions of this chapter shall apply to openings into all buildings, including dwelling units within apartment houses of Group R, Division 1 Occupancies and Group R, Division 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." (u) Appendix Chapter 10 is hereby amended, by the addition of a new Section 1033, to read as follows: "Section 1033 Garage Type Doors. Rolling Overhead, Solid Overhead, Swinging, Sliding or Accordion style doors shall conform to the following- I · 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. . Overhead doors shall be equipped with bolts which shall be capable of utilizing padlocks with a minimum nine-t'hirty-se~onds-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. · Doors that exceed sixteen (16) feet in width shall have two (2) lock receiving points, or 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 22 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. · Slide bolt assemblies shall have a frame a minimum of .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 (3/8) inch may be used in a residential building. . 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. · Padlocks used with exterior mounted slide bolts shall have a hardened steel shackle a minimum of nine thirty-seconds (9/32) 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." (v) Appendix Chapter 10 is hereby amended, by the addition of a new Section 1034, to read as follows: "Section 1034 Provisions. Special Residential Building The following special provisions shall apply to all residential dwellings (R-i, R-3 and M-I) : 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 · Ail 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 23 · 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 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 (5/8) 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 · Ail front exterior doors shall be equipped with a wide angle (one hundred eighty [180] degrees) door viewer, except where clear vision panels are installed. Street numbers and other identifying data shall be displayed as follows- a · Every dwelling unit shall display a street number in a prominent location on the street side of the residence in such a position that the number is easily 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 24 visible to approaching emergency vehicles. The numerals shall be no less than four (4) inches in height and shall be of a contrasting color to the background to which they are attached and illuminated during hours of darkness. b . There shall be positioned at each entrance of each R-1 occupancy complex an illuminated representation of the complex which shows the location of the viewer and the unit designations within the complex. In addition, each individual unit within the complex shall display a prominent identification number which is easily visible to approaching vehicular and/or pedestrian traffic. Lighting in R-1 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 vandal- ism 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 type occupancies shall have an enclosed parking space with a garage door equipped as in section 1029 of this chapter. (w) Appendix Chapter 10 is hereby amended, by the addition of a new Section 1035, to read as follows: "Section 1'035 Special Commercial Building Provisions other than Group R-I, R-3 and U-1. 10 11 12 14 15 16 17 18 19 2~0 21 22 23 24 25 -' 26 27 28 Ordinance No. 1160 Page 25 The following special provisions shall apply to commercial buildings- · · · . o Ail 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 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.) 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. 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. 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. Double doors shall have an astragal constructed of steel a minimum of .125 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 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 Ordinance No. 1160 Page 26 door by welding or nonremovable bolts spaced apart on not more than ten-inch (10") on center. , 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. · Aluminum frame swinging doors shall conform to the following: a . The jamb shall be so constructed or protected to withstand sixteen hundred (1600) 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. In multiple occupancy office buildings, all entrance doors to individual office suites shall meet the requirements for exterior doors. 28 ,l 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 27 28 Ordinance No. 1160 Page 27 · Where panic hardware is required by this Code, or Title 19, California Administrative Code, it shall be equipped and installed as follows- a e 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 .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 Ce 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 be Interior steel or iron bars ~of at least one-half-inch (1/2") round or one-inch by one-quarter-inch (1" x 1/4") flat steel or iron may be used if spaced not more than five (5) inches apart and secured by bolts which are nonremovable from the exterior; or 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 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 Ordinance No. 1160 Page 28 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. Ail 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. Ail 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" × 1/4") flat metal, spaced no more than five (5) inches apart and secured by bolts which are nonremovable from the exterior; or b o 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. 10 11 12 13 15 16 17 18 19 20 21 23 24 25 27 28 Ordinance No. 1160 Page 29 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. Padlocks shall have hardened steel shackles, heel and toe locking, a minimum of five (5) pin tumblers in its operation and a non- removable key when in an unlocked position. 14. Ail 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." (x) Appendix Chapter 10 is hereby amended, by the addition of a new Section 1036, to read as follows: "Section 1036 Definitions. . "Approved" means 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 30 · "Auxiliary Locking Device" is a secondary locking system added to the primary locking system to provide additional security. · "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. · "Part" as distinguished from component, is a unit for subassembly, which combines with other units to make up a component. . "Primary Locking Device" is the single locking system on a door or window unit whose function is to prevent unauthorized intrusion. · "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. · "Solid Core Door" means a door composed of solid wood construction. · "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. · "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. I0. "Swinging Door" means a door hinged at the stile or at the head and threshold. 11. ."U.L. Listed" means tested and listed by Underwriters' Laboratories, Inc." (y) Appendix Chapter 10 is hereby amended, by the addition of a new'Section 1037, to read as follows: "Section 1037 Keying Requirements. Upon occupancy by the owner or proprietor, each single unit in a tract or commercial development, 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 27 Ordinance No. 1160 Page 31 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." (z) SeCtion 3011.1 of Appendix Chapter 30, is hereby amended, by the deletion of the entire section and the addition of a new section, to read as follows: "Permits Required. It shall be unlawful to hereafter install any new elevator, moving walk, escalator, or dumbwaiter, to make major alterations to any existing elevator, dumbwaiter, escalator or moving walk as defined in Part XII of the ANSI Code, without having first obtained a permit for such installation from the State of California Division of Industrial Safety. Permits shall not be required for maintenance or minor alterations. (aa) Section 3011.2 of Appendix Chapter 30, is hereby amended, by the deletion of the entire section and the addition of a new section, to read as follows: "Certificates of Inspection Required. It shall be unlawful to operate any elevator, dumbwaiter, escalator or moving walk without a current certificate of inspection issued by the State of California Department of Industrial Safety. Such certificate shall be issued annually upon payment of prescribed fees and the presentation of a valid inspection report indicating that the conveyance is safe and that the inspections and tests have been performed in accordance with Part X ' of the ANSI Code. Certificates shall not be issued when the conveyance is posted as unsafe pursuant to Section 3015. EXCEPTION- Certificates of Inspection shall not be required for conveyances within a dwelling unit." (bb) Section 3011.3 of Appendix Chapter 30, is hereby amended, by the deletion of the entire section and the addition of a new section, to read as follows: 28 "Application for Permits. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 32 Application for a permit to install shall be made on forms provided by the State of California Division of Industrial Safety and the permit shall be issued to an owner upon payment of prescribed permit fees." (cc) Section 3011.4 of Appendix Chapter 30, is hereby amended, by the deletion of the entire section and the addition of a new section, to read as follows: "Application for Certificates of Inspection. Application for a Certificate of Inspection shall be made by the owner of an elevator, dumbwaiter, escalator or moving walk. Applications shall be accompanied by an inspection report as described in Section 3011.2." (dd) Section 3011.5 of Appendix Chapter 30, is hereby amended, by the deletion of the entire section and the addition of a new section, to read as follows: "Fees. Permit and inspection fees shall be as required by the State of California Division of Industrial Safety." (ee) Section 3014.2 of Appendix Chapter 30, is hereby amended, by the deletion of the entire section and the addition of a new section, to read as follows: "Annual Inspections and Tests. Except in dwelling units, elevators, escalators and moving walks shall be inspected at least once every twelve (12) months by an inspector for the State of California Division of 'Industrial Safety. Such inspections shall include tests of the car and counterweight safeties, governors and oil buffers to be made in accordance with Rule 1001.lb of the ANSI Code. Inspections and tests shall be made as required by Part X of the ANSI Code." (ff) section 3014.5 of Appendix Chapter 30, is hereby amended, by the deletion of the entire section and the addition of a new section, to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~6 27 28 Ordinance No. 1160 Page 33 "Inspection Reports. After each required inspection, a full and correct report of such inspection shall be filed with the State of California Division of Industrial Safety." (gg) Section 3015 of Appendix Chapter 30, is hereby amended, by the deletion of the entire section and the addition of a new section, to read as follows: "Unsafe Conditions. When an inspection reveals an unsafe condition, the inspector for the State of California Division of Industrial Safety shall immediately file with the owner, and the Building Official afull and true report of such inspection and such unsafe condition. If the inspector for the State of California Division of Industrial Safety finds that the unsafe condition endangers human life, he shall cause to be placed on such elevator, escalator or moving walk in a conspicuous place, a notice stating that such conveyance is unsafe. The owner shall see to it that such notice of unsafe condition is legibly maintained where placed by the inspector. The State Inspector sh'all also issue an order in writing to the owner requiring the repairs or alterations to be made to such conveyance which are necessary to render it safe and may order the operation thereof discontinued until the repairs or alterations are made or unsafe conditions are removed. A posted notice of unsafe conditions shall be removed only by the State Inspector when he is satisfied that the unsafe conditions have been corrected." Section' 2- Chapter 2 of Article 8 of the City 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 1994 UNIFORM MECHAI~ICAL CODE Except as provided in this chapter, that certain Mechanical Code known and designated as the Uniform 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 34 Mechanical Code, 1994 Edition including Appendices A, B, C, and D published by the International Conference of Building 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. One (1) copy of the Uniform Mechanical Code has been filed in the office of the City Clerk and shall~be at all times maintained by the City Clerk for use and examination by the public. 8201 AMENDMENTS TO THE UNIFORM MECHANICAL CODE The 1994 Uniform Mechanical Code is hereby amended as follows: (a) "Chapter I: Chapter I is hereby deleted from the Uniform Mechanical Code in its entirety.,' 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- C}{APTER 3 PLUMBING CODE 8300 ADOPTION OF 1994 UNIFORM PLUMBING CODE Except as provided in this chapter, that certain plumbing code known and designated as the Uniform Plumbing Code, 1994 Edition, including Appendices A, B, D, F, H and I only to the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, shall be and become the Plumbing Code of the City, regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the City. One (1) copy of the Uniform Plumbing Code has been filed in the office of the City Clerk and shall be at all times maintained by the City Clerk for use and examination by the public. 8301 AMENDMENTS TO THE UNIFORM PLUMBING CODE The 1994 Uniform Plumbing Code is hereby amended as follows: 10 11 12 13 15 16 17 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 35 (a) Chapter I. Chapter I is hereby deleted from the Uniform Plumbing Code in its entirety. (b) Section 313 is hereby amended by adding a new subsection 313.9 to read as follows: "313.9 Protection of Piping. Ail 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 to the plumbing, piping, fittings, fixtures and/or equipment for installation to contact with or buried in the ground. Steel or galvanized steel shall be protected by at least double spiral wrapping, half overlapping with ten (10) mil plastic tape (total forty [40] mils cover) 'or approved equal." (c) section 604 section 604 of the Uniform Plumbing -Code is hereby amended by the deletion of section 604.1 and the addition of a new Subsection 604.1 to read as follows: "Materials. Water pipe and fittings shall be of brass, copper, cast iron or other approved materials. Asbestos- cement, CPVC, PB, PE, or PVC water pipe manufactured to recognized standards may be used for cold water distribution systems outside a building only. All materials used in the water supply system, except valves and similar devices shall be of a like material, except where otherwise approved by the Administrative Authority. Galvanized malleable'iron, galvanized wrought iron, or galvanized steel are prohibited materials. Use of ferrous piping is prohibited in or under slabs and within buildings. (d) Section 1211 is hereby amended, by the deletion of Subsection 1211.5 in its entirety and the addition of a new Subsection 1211.5, to read as follows: "Installation of Gas Piping. Ferrous gas piping installed underground shall be prohibited. Plastic gas piping shall have at least eighteen (18) inches (0.5m) of earth cover or other equivalent protection. Risers shall be metallic 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 36 and shall be wrapped to a point at least six (6) inches (152.4mm) above grade or protected in an approved manner. When a riser connects underground to plastic pipe, the underground horizontal metallic portion of the riser shall extend at least thirty (30). inches before connecting to the plastic pipe by means of an approved transition fitting or adapter." 8302 - ADOPTION' OF 1994 UNIFORM SOLAR ENERGY CODE For the purpose of prescribing regulations 'for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height and area of building structures, except as provided in this chapter, all of the provisions of the 1994 Edition of the Uniform Solar Energy Code including the appendix thereto, adopted and published by the International Association of Plumbing and Mechanical Officials shall be and become the solar energy code of the City. One (1) copy'of the code has been filed in the office of the City Clerk, and shall be at all times maintained by the City Clerk for use and examination by the people. 8303 AMENDMENTS TO THE UNIFORM SOLAR ENERGY CODE The 1994 Uniform Solar Energy Code is hereby amended as follows: (a). Part I. Part I is hereby deleted from the Uniform Solar Energy Code with no replacement thereof. (b) Section 306 is hereby amended, by adding a new paragraph at the end thereof, to read as follows: "Ail 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 to the plumbing, piping, fittings, fixtures and/or equipment for installation in contact with or buried in the ground. Steel or galvanized steel shall be protected by at least double, spiral wrapping, h'alf overlapping, with ten (10) mil plastic tape (total forty (40) mls cover) or approved equal. Section 4' Chapter 4 of Article 8 of the Tustin City Code is hereby repealed in its entirety and a new 10 1t 12 14 15 16 17 18 19 20 21 22 23 24 25 27 28 Ordinance No. 1160 Page 37 chapter 4 is hereby added in place thereof to read as follows: CHAPTER 4 ELECTRICAL CODE 8400 ADOPTION OF 1993 NATIONAL ELECTRICAL CODE Except as provided in this chapter, that certain electrical code known and designated as the National Electrical Code, 1993 Edition, published by the National Fire Protection Association, shall be and become the Electrical Code of'the City, regulating all installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the City. One copy of the National Electrical Code has been filed in the office of the City Clerk, and shall be at all times maintained by the City Clerk for use and examination by the public. 8401 AMENDMENTS~ TO THE NATIONAL ELECTRICAL CODE The 1993 Edition of the National Electrical Code is hereby amended as follows: (a) Article 90 is hereby amended, by the addition of Sections 90-9, 90-10,. 90-11, 90-12, and 90-13 to read as follows: "Article 90-9 Revocations and Suspensions. The Building Official may suspend or revoke any electrical permit for any of the following reasons- · If any reason is found to exist which would have been cause for denial of such permit. · Any material misrepresentation or falsity in the application upon which said permit was issued. 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 38 for failure to comply with other codes of this jurisdiction that may be related to or appertain to the sections in this Code pertaining to electricity. Article 90-10 Inspections and Corrections. 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 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. Ail 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, ~4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 39 fittings, and equipment used or installed under the provisions of this Code." (b) Article 110-5 is hereby amended, by the addition of a second paragraph, to read as follows: "Copper wire shall be used for wiring No. 6 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." (c) Article 300-6(b) is hereby amended, by the addition of a new paragraph at the end thereof, to read as follows: "Ail 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." (d) Article 310 is amended, by addition of a new Article 310-16, to read as follows: "310-16 Continuous inspection of aluminum wiring. Aluminum conductors of No. six (6) or smaller used for branch circuits shall require continuous inspection by an independent testing agency approved by the Building Official for proper torquing of connections at their termination point." (e) Article 336-3 is hereby amended, by the deletion of the entire section and the addition of a new Section 336-3, to read as follows: "Permitted uses. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 40 Type NM and Type NMC cables are Permitted to be used only in wood frame residential construction, not exceeding three (3) stories above grade." (FPN): See Section 310-10 for temperature limitation of conductors. (a) Type NM. Type NM cable shall be permitted for both exposed and concealed work in normally dry locations. It shall be permissible to install or fish Type NM cable in air voids in masonry bloCk or tile walls where such walls are not exposed or subject to excessive moisture or dampness. (b) Type NMC. Type NMC cable shall be permitted: (1) For both exposed and concealed work in dry, moist, damp, or corrosive locations; (2) In outside and inside walls of masonry block or tile; (3) In a shallow chase in masonry, concrete, or adobe protected against nails or screws by a steel plate at least one sixteenth (1/16) inch (1.59 mm) thick and covered with plaster, adobe, or similar finish." 8402 UNDERGROUND UTILITIES (a) Whenever any property in any zone is~developed with new or relocated buildings or structures, or whenever enclosed floor area in excess of 200 square feet is added to an existing building site in any zone, except zones permitted for single family residential use, or whenever a residential building or use is converted to any purpose or use other than that which existed at the time of conversion, all electrical, telephone, community antenna, television and similar service wires or cables which provide direct service to the property being developed, shall, within the exterior 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 25 Ordinance No. 1160 Page 41 boundary lines of such property, be installed underground. (b) For the purpose of this Section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, may be placed above ground. (c)' The developer or owner is responsible for complying with the requirements 'of this Section, and shall provide all necessary facilities on their premises so as to receive such services from the supplying utility or utilities subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the California Public Utilities Commission. (d) Where practical difficulties or unnecessary hardships inconsistent with the provisions of this chapter result from its literal interpretation or enforcement, the Planning Commission may waive, modify, or delay the application of any undergrounding requirement upon written request by a building site owner. Such request shall be filed with the Planning Commission and shall contain any and all facts which are offered in support. (e) If the Planning Commission's action is to delay the installation of required undergrounding utilities, it may require the building site owner to file with the City.a cash deposit, and/or record a covenant sufficient to provide for the future installation of the underground features which are to be delayed. The amoUnt of the cash deposit shall be determined by the Building Official. Section 5' Chapter 5 of Article 8 of the Tustin City Code is hereby.repealed in its' entirety and new ChaPter 5, Article 8 is hereby added to read as follows- 8500 ADOPTION OF THE 1994 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 42 Except as provided in this chapter, that certain Swimming Pool Code known and designated as the Uniform Swimming Pool, Spa and Hot Tub Code, 1994 Edition, published by the International Association of Plumbing and Mechanical Officials, shall be and become the Swimming Pool Code of the City, regulating erection, installation, alteration, repair, replacement, maintenance or use of swimming pools, spas and hot tubs within the City. One (1) copy of the Uniform Swimming Pool, Spa and Hot Tub Code has been filed in the office 'of the City Clerk and shall be at all times maintained by the Clerk for use and examination by the public. 8501 AMENDMENTS TO THE UNIFORM SWIMMING POOL, SPAS AND HOT TUB CODE The 1994 Edition of the Uniform. Swimming Pool, Spa and Hot Tub Code is hereby amended as follows: (a) Part I Sections 1.7, 1.11, 1.17, and 1.18 of Part I are hereby deleted with no replacement thereof. (b) Section 310 is hereby amended, by the deletion of the entire section and the addition of a new Section 310, to read as follows: "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 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 27 28 Ordinance No. 1160 Page 43 approved by the Building Official before any portion of any such system is installed." (c) Section 320 is hereby added to read as follows: "Section 320 Barriers. The design and construction of barriers for swimming pools shall be consistent with amendments to Division I of Appendix 4 of the Uniform Building Code as adopted as part of the Tustin City Code." (d) Section 321 Construction Requirements is hereby added to read as follows: "Section 321 Construction Requirements. (a) Ail 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 swimming 'pool constructed of reinforced concrete or pneumatically placed concrete is not described as an exception in Uniform Administrative Code Section 306. 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 44 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 BuildingOfficial 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." (e) Section 322 Clean-up Bond is hereby added to read as follows: "Section 322 Clean-Up Bond. The 'Building official shall, prior to issuing a permit for a swimming pool, require clean-up bonds as follows- (1) Each applicant for a swimming pool permit shall provide before issuance, an agreement and cash bond for the purpose of insuring a) that all sand, cement, dirt and any other debris is removed from streets, gutters, curbs,, parkways, sidewalks and other public property, b) that the public property shall be left in clean and undamaged condition and c) that adequate barricades have been installed and maintained. Said bond shall be in the amount of fifteen hundred dollars ($1,500.00) for the construction of a swimming pool or other construction related thereto requiring the use of heavy equipment. (2) Said agreement and bond may be reduced to not less than five hundred dollars ($500.00) for 10 11 12 14 15 '16 17 18 19 20 21 22 23 24, 25 I~ 27 28 Ordinance No. 1160 Page 4 5 the issuance of a spa, jacuzzi, and other small pool permit not intended for swimming, when in the determination of the Building Official 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 bond shall terminate and be returnable to the applicant at the time and provided that a) debris and other materials have been properly removed, b) the public property has been left clean and undamaged. Ail 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 City Engineer shall be filed with the Building Official to ensure damages have been repaired. A letter stating that excess dirt, debris, trash and other materials from the pool construction have been disposed of at the Orange County disposal station or other authorized location, must be delivered to the Building Official by the permittee prior to preplaster inspection. (4) If the public property has not been left in a clean and undamaged condition and/or-adequate barricades required by the City Engineer have not been installed and maintained, the City shall cause the necessary work to be done and shall deduct the cost thereof from the bond." (f) Section 323 Public Encroachment is hereby added to read as follows: "Section 323 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 22 23 [ 24j~ 26 i 28~ Ordinance No. 1160 Page 46 Under such conditions4 as he/She may impose. Any barricading required by the City Engineer shall be provided by the contractor at his expense. The Building Official shall advise at permit issuance, and he/she shall enforce the requirement of this Section by stop order if necessary." (g) Section 324 Modification of Requirements is hereby added to read as follows: "Section 324 Modification of Requirements. (a) Following written request by the owner, the Building Official may modify or eliminate the requirements of this Code where, in the judgment of the Building Official, pursuant to Section 106 of the Uniform Administrative Code, such request is justified and will not result in unsafe conditions. The Building Official may require that evidence or proof in the form of affidavits, recorded easements or other documents be submitted to justify such requests and may apply reasonable conditions to ensure ultimate compliance with the spirit of the Section in the event of a change of conditions. (b) The pump/filter may be located anywhere in a side or rear yard provided it is at least one (1) foot away from the dwelling exterior wall or the property line fence or wall and at least ten (10) feet away from an existing adjacent off-site dwelling window, door, and/or enclosed patio. (c) A gas fuel fired water heater may be located anywhere within a side or rear yard provided it is located at least one (1) foot away from an exterior wall of the' dwelling or the property line fence or wall, four (4) feet from an on-site window, door, or HVAC intake, and at least ten (10) feet away from an existing adjacent off-site dwelling window, door, and/or enclosed patio. The heater shall also be installed with clearances as listed by the American Gas Association or '9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 27 28 Ordinance No. 1160 Page 47 Underwriters' Laboratories and the Manufacturers' Installation Instructions.', Section 6: Chapter 6 of Article 8 of the Tustin City Code is hereby repealed in its' entirety and a new Chapter 6 is hereby added in place thereof to read as follows: CHAPTER 6 8600 ADOPTION OF 1994 UNIFORM SIGN CODE For the purpose of prescribing regulations for the erection, construction, enlargement., alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height and area of building structures except as provided in this Chapter, all of the provisions of the 1994 edition of the Uniform Sign Code including the Appendix thereto, adopted and published by the International Conference of Building Officials shall be and become the Sign Code of the City. One copy of the Uniform Sign Code has been filed in the office of the City Clerk and shall be at all times maintained by the City Clerk for use and'examination by the public. 8601 AMENDMENTS TO THE UNIFORM SIGN CODE The 1994 Edition of the Uniform Sign Code is amended by the deletion of Section 1401. 8602 CONFLICTS WITH SECTION 9400, SIGNING REGULATIONS Nothing in this Section 8600 shall be construed to be in conflict with Section 9400 of the Tustin City Code, Signing Regulations, Tustin City Code and guidelines and standards regarding the character of signs and sign structure. The purpose of Section 8600, Sign Code, Tustin City Code, is to provide minimum standards to. safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction location, electrification and maintenance of. all signs and sign structure not within a building." In the event of any conflicts between Section 9400 and Section 8600, Building Regulations, Tustin City Code, regarding enforcement of adopted codes and amendments, the provisions and requirements of Section 9400 shall govern. 10 i1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 48 Section 6' Chapter 7 of Article 8 of the Tustin City code is repealed in its entirety and a new Chapter 7, Article 8 is hereby added in place thereof to read as follows: CHAPTER 7 8700 ADOPTION OF 1994 UNIFORM HOUSING CODE Except as provided in this chapter, that certain housing code known and designated as the Uniform Housing Code, 1994 Edition, published by the International Conference of Building Officials, shall become the Housing Code of the City, regulating and controlling the use and occupancy, location and maintenance of all residential buildings and structures within this City. One (1) copy of the.Uniform Housing Code has been filed in the office of the City Clerk and shall be at all times maintained by the City Clerk for use and examin'ation by' the public. Section 8 of Article 8 of the Tustin City Code is repealed in its entirety and a new Chapter 8, Article 8 is hereby added in place thereof to read as follows: CHAPTER 8 8800 ADOPTION OF 1994 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS Except as otherwise provided in this Chapter, that certain building code known and designated as the Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, published by the International Conference of Building Officials, shall be and become the Code of the City for the Abatement of Dangerous Buildings; providing for a 'just, equitable and practical method, to be cumulative with and in addition to, any other remedies provided by the Building Code, Housing Code, or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants, may be requested to be.repaired, vacated or demolished. One (1) copy of the Uniform Code for the Abatement of Dangerous Buildings has been filed in the 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 49 office of the City Clerk, and shall be at all times maintained by the City Clerk for use and examination by the public. Section 9' SEVERABILITY OF PARTS OF THIS ORDINANCE AND THE ADOPTED CODES It is hereby declared to be the intention of the City Council that.the sections, paragraphs, sentences, clauses and phrases of this Ordinance and the adopted Codes are severable, and if any phrase clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of court of competent jurisdiction, such unconstitutionally shall not affect -any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance and the adopted Codes. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1160 Page 50 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, held on the 2nd day of January, 1996. JIM POTTS Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR ORDINANCE NO. 1160 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 5; that the above and foregoing Ordinance No. 1160 was duly and regularly introduced on the 4th day of December 1995, and passed and adopted at a regular meeting of the City Council held on the 2nd day of January 1996, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Pamela Stoker, City Clerk ordi nanc. 1160ubc. rb: j ks