HomeMy WebLinkAbout15 UBC UPDATE 12-04-95 NO. 15
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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
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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
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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:
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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:
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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.
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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".
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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
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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
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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
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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
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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
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Ordinance No. 1160
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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
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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.
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Ordinance No. 1160
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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."
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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
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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
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Ordinance No. 1160
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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
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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.
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Ordinance No. 1160
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(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."
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Ordinance No. 1160
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(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
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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
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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."
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Ordinance No. 1160
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(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
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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.
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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
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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.
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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
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Ordinance No. 1160
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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
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Ordinance No. 1160
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·
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
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Ordinance No. 1160
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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.
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Ordinance No. 1160
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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.
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Ordinance No. 1160
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·
"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,
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Ordinance No. 1160
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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.
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Ordinance No. 1160
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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:
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Ordinance No. 1160
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"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
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Ordinance No. 1160
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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:
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Ordinance No. 1160
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(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
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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
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Ordinance No. 1160
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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
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Ordinance No. 1160
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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,
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Ordinance No. 1160
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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.
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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
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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
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Ordinance No. 1160
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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
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Ordinance No. 1160
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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
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Ordinance No. 1160
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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
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Ordinance No. 1160
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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
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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
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Ordinance No. 1160
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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.
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Ordinance No. 1160
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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
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Ordinance No. 1160
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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.
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Ordinance No. 1160
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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