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HomeMy WebLinkAboutPH 1 MODEL CONST CODES 1-15-90DATE: TO: FROM: S U BJ ECT: �-�5---�-9D JANUARY 15, 1990 WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING N0. 1 1-15-90 Inter - Com PROPOSED ADOPTION OF UPDATED EDITIONS OF MODEL CONSTRUCTION CODES WITH LOCAL MODIFICATIONS RECOMMENDATION It is recommended that the City Council take the following actions: 1. Adopt Resolution No. 90-1 setting forth findings in conformance with state law for certain local modifications and changes to the Uniform Codes. 2. M.O. - hold first reading of Ordinance 1043 by title only. 3. M.O. - introduce Ordinance 1043. BACKGROUND The City's Community Development Department is currently using the 1985 editions of model construction codes. These codes are rewritten on a three year interval with all changes and updates as voted on and adopted at the International Conference of Building Official's Annual Code Change Conference. This keeps the codes up to date with state of the art practices. While code adoption allows a local jurisdiction to keep abreast of national construction standards, adopting new codes is also required by State law in California. The State Building Standards Commission mandates that local jurisdictions adopt the newest codes, effective on a date as specified by the State Building Standards Commission. As authorized by the State, City amendments to the Codes must be effective before the end of March, 1990. Codes proposed for adoption with minor amendments are as follows: Uniform Administrative Code (1988 edition) Uniform Building Code (1988 edition) Uniform Security Code (1988 edition) State Historical Code (1979 edition) Uniform Mechanical Code (1988 edition) Uniform Plumbing Code (1988 edition) Uniform Solar Energy Code (1988 edition) National Electrical Code (1990 edition) City Council Report Model Construction Codes January 15, 1990 Page 2 Uniform Swimming Pool, Spa & Hot Tub Code (1988 edition) Uniform Sign Code (1988 edition) Uniform Housing Code (1988 edition) Uniform Code for the Abatement of Dangerous Building (1988 edition) While the proposed code adoption ordinance has been kept simple, minor amendments to the model codes are proposed to address local conditions, administrative procedures and to maintain compatibility with the City's existing and proposed Fire Code. Many of these amendments were also included in the City's 1985 Code adoption. A resolution is attached setting forth findings which justify these recommended modifications for changes. Major modifications or changes to the current codes can be summarized as follows: 1. Fire access requirements to be applicable to high rise structures over 55 feet rather than 75 feet and require helistops on high rise buildings. 2. Roof coverings for residential and accessory structures to be a minimum of Class C except in hillside areas where roofing shall be of a fire resistive material of Class A as required by the East Tustin Specific Plan. 3. Automatic sprinklers would be required in all new buildings or structures when the gross square footage exceeds 6,000 square feet or in buildings or structures more than 2 stories in height regardless of area separation walls. 4. Automatic sprinklers to be installed in Group R occupancies containing 3 or more guest rooms an approved modified sprinkler system will be accepted. The Fire Department has also requested that a modified automatic sprinkler system be installed throughout all Group R, Division 3 occupancies (all one and two family residences). Staff have not taken a position on this request. Should the Council wish to take a position supporting this recommendation, an item 3 can be added to amendments to Section 3802(h) on the top of page 20 of Ordinance No. 1043 prior to first reading. Community Development Department City Council Report Model Construction Codes January 15, 1990 Page 3 The City Attorney's office has also reviewed the proposed ordinance and resolutions. Christine A. Shinglet Director of Community evelopment CAS:kbc Community Development Department 1 2 3 4 5 6'' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, 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 the International 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 Services 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, 1988 Edition and the Uniform Plumbing Code, 1988 Edition and National Electrical Code, 1990 Edition, are reasonably necessary due to local conditions in the City of Tustin and have further advised that the remainder of said changes and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 90-1 January 15, 1990 Page 2 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as follows: Section 1 The following changes and modifications to the 1988 Edition of the Uniform Building Code as recommended by the Community Development Department and Orange County Fire Services are hereby found to be reasonably necessary due to the following local conditions. A. Section 1807 and 3310 is amended to make fire access requirements applicable to high rise structures, with specified exceptions, over 55 feet in height, rather than the 75 feet threshold of the Uniform Building Code. This modification was originally recommended by the Orange County Fire Chiefs Association and adopted by many jurisdictions in the County. The amendment was also adopted by Las Vegas after the MGM Grand Hotel fire. Other modifications to Section 1807 are to conform to minimum standards for high rise buildings set forth in Title 24 of the California Code of Regulations. 1. Climatic Condition: 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 in high density occupancies, and provide immediate protection for life and safety of multiple occupancy occupants during fire occurrences. 2. Climatic Condition: Orange County and the City of Tustin is located in a semi- arid Mediterranean type climate which predisposes all fuels, including wood 11 2'', 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 90-1 January 15, 1990 Page 3 shingles to rapid ignition and spread of fire. Therefore, there exists a need for additional fire protection measures; 3. Geographic Condition: 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. 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 October 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 2 3 4 5 6 7 8 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 90-1 January 15, 1990 Page 4 lines as a result of an earthquake. As noted by "Planning 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"; 4. Geography and Topography: 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. 5. Geography and Topography: 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 locate additional fire stations and provide manpower sufficient to concentrate fire companies and personnel to control fires in high density apartment or condominium buildings. 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, as otherwise required for high rises. 1 2 3 4 5 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 90-1 January 15, 1990 Page 5 6. Other public and safety concerns: a. Smoke proof stairwell enclosures. The stairwells in the 1980 MGM Grand Hotel fire in Las Vegas (deathtoll 88, 600 injured) and the Dupont Hotel fire were filled with smoke which trapped the occupants in the buildings. The stairwell enclosures in the First Interstate Bank fire in Los Angeles were filled with smoke which required the firefighters to use their airpacks as they climbed the stairs to locate and attack the fire. It is not possible for the firefighters to carry enough air bottles for their airpacks to even reach a f ire on a f loor above approximately the sixth floor, let alone be able to work on the fire after it is located. An emergency evacuation facility on the roof of high rise is currently required in the City of Long Beach and many other larger jurisdictions. Statistics show that many people evacuate to the roof area of a high rise building in the event of a fire, especially if they are on a floor above the fire. Obstructions on the roof can block aerial access to the roof for evacuation or delivering firefighting personnel and equipment. The Mexico City earthquake demonstrated that a high rise x area subject to 1 is sink into the grour of the normal egr( This, along with roadway damage, gr debris, would make roof area an ess firefighting and rE has been demonstre fires such as the (30 helicopters uE 300-400 victims Interstate Bank fi uliaing locatea in an uefaction may actually d which will block all ss into the building. the possibility of .dlock, and/or falling aerial access to the ential operation for scue operations. This ted in many high rise MGM Grand Hotel fire ed within first hour; rescued), the First -e (29.5 hours flown), 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 90-1 January 15, 1990 Page 6 the Dupont Hotel fire in Puerto Rico and a nine -story high rise fire in Los Angeles on December 5, 1989. B. Section 3203 is amended to require roof coverings on residential (R) and (M) accessory buildings occupancies to be of a fire resistant material of a Class C or better except in hillside areas where Class A roofs shall be used due to: 1. Prevailing Santa Ana winds occurring in the local region as more specifically described in subsection A.1 above and incorporated herein. 2. 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. 3. Semi -arid climatic conditions more specifically described in subsection A.2 and incorporated herein. 4. Local geography and topography as more specifically described in subsections A.31 A.4 and A.5 and incorporated herein. C. Section 3703 (f) is amended to require spark arrestors on chimneys and are necessary due to all climatic conditions described in subsections A.1 and A.2 and incorporated herein. D. Section 3802 is amended relating to automatic fire extinguishing systems in new buildings with an area greater than 6,000 square feet or more than two stories in height and to require an approved automatic fire sprinkler system for certain residential occupancies for the following reasons: 1. Amendments are necessary due to general findings more specifically described in i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 90-1 January 15, 1990 Page 7 subsection A.1, A.2, A.31 A.4, and A.5 and incorporated herein. 2. On-site residential protection systems will effectively reduce fire fatalities, injuries and property loss during Orange County's and the City of Tustin's unique local geographical, climatic and topographical conditions because they are 96% effective in prevention of fatalities and reduce fire loss to less than $5,000 with two or less sprinkler heads. 3. Residential fires represent 75% of building fires in California all fatalities from fires in Orange County fire service jurisdictions occurred in residences. E. Section 3805(6) is amended and relates to standpipes and requires a hose outlet or access doorway within 150 feet of all parts of commercial buildings so that a sprinkler system can be shut off earlier resulting in less water damage. This amendment is necessary due to all general findings specifically described in subsection A.1, A.21 A.31 A.4 and A.5 and incorporated herein. Section 2 The following changes and modifications to the 1988 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. Section 315 (g) has been added to state that the type of soil prevalent in the City of Tustin is extraordinarily high in sulfur and acid content. That extra precaution and protection is required for the protection of steel piping and fittings buried in the ground. B. Section 1004 has been amended to prohibit the use of lead and asbestos cement materials in all potable water supply systems. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 90-1 January 15, 1990 Page 8 C. Section 1008 has been amended to reflect certain natural constituents in the water which are corrosive to ferrous piping. D. Section 1212 and 1213 has been amended to reflect certain natural constituents in local soils which are corrosive to gas piping. Section 3 The following changes and modifications to the 1990 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. A. Article 110-5 is amended by making copper wire the preferred material used for wiring No. 6 and smaller. This amendment is considered necessary due to the fact that improper installation creates a potential fire hazard and aluminum wire size No. 6 and smaller requires greater precision and care for proper installation. Workmanship problems have been experienced in the local area, which makes this provision necessary. The regulation of aluminum wire is reasonably necessary to safeguard life and property within the City of Tustin. B. Article 300-6 is amended to state that the type of soil prevalent in the City of Tustin necessitate additional precaution and protection for buried installation of electrical items. C. Amendments to Article 310-10 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. D. 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, 1988 Edition, the Uniform Plumbing Code, 1988 Edition, Uniform Mechanical Code, 1988 Edition, and the National Electrical Code, 1988 Edition. On the recommendation of the Community 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 90-1 January 15, 1990 Page 9 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. PASSED AND ADOPTED by the City Council of Tustin this 15th day of January, 1990. MARY WYNN, City Clerk RICHARD EDGAR, Mayor i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 140. 1043 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING SPECIFIED SECTIONS OF ARTICLE 8 OF THE TUSTIN CITY CODE ADOPTING 1988 CODES AS THE BUILDING REGULATIONS OF THE CITY OF TUSTI14 The City Council of the City of Tustin does hereby ordain as follows: Section 1: Chapter one of Article 8 of the Tustin City Code is hereby repealed in its entirety, and a new Chapter 1, Article 8 is hereby added in place thereof to read as follows: CHAPTER 1 BUILDING CODE 8100 — Adoption of 1988 Uniform Administrative Code Except as provided in this chapter, that certain administrative code known and designated as the Uniform Administrative Code, 1988 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 1988 Uniform Administrative Code The 1988 Uniform Administrative Code is hereby amended as follows: A. Section 104 (b ) is amended by the addition of a paragraph at the end thereof 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 City Planning Agency, or by the Statutes of the State of California, shall be enforceable through the provisions of Section 106 of the Uniform Administrative Code. B. Section 105 Definitions Whenever any of the following names or terms are used in the Uniform Administrative Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page two 1. "Building Code" - means Article 8102 of this code as amended. 2. "Electrical Code" - means article 8400 of this code as amended. 3. "Plumbing Code" - means Article 8300 of this code as amended. 4. "Mechanical Code" - means Article 8200 of this code as amended. 5. "Board of Appeals" - means the Planning Commission of the City of Tustin. C. Section 202 is amended by adding Subsection (k) to read as follows: "k. Infractions. As a law enforcement officer (as authorized by) Section 202(a) and (b), and as authorized by the State Penal Code Sections 17, 19c, 19d, 836.51, 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 statute of the California Administrative Code in which the statute or CMA requires enforcement by the local building official; (2) City Council adopted edition of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, or ICBO Plumbing Code, Uniform Swimming Pool Code, Uniform Solar Energy Code; and (3) current zoning code as adopted by ordinance by the City Council which provides for enforcement by the Building Official. The Building Official or his authorized repre- sentative shall issue citations for infractions." D. Section 205 is amended to read as follows: "Section 205. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page three reference herein, unless otherwise specified in this Code, may be subject to enforcement action as more specifically set forth in Part 2 of the Tustin Ci ty Code, en ti tl ed "Penal ty Provisions". Each such person, firm, or corporation violating any provision or failing to comply with any of the requirements shall be guilty of a separate offense, and each day during any portion of which any violation of any provision of this Code, or any Code adopted by reference herein, is committed, continued or permitted by such person, shall constitute a separate offense, and shall be punishable accordingly. Provided further that each such person violating a provision which limits the time an act may be permitted or continued, each such period or portion thereof of which any violation of such provision is committed, continued or permitted by such person shall constitute a separate offense, and shall be punishable accordingly. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provi- sions of this Code, or of any Code adopted by reference herein, shall 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." E. Section 301 (b) is amended by changing subsection 1. to read as fol lows : A. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed one hundred twenty (120) square feet. B. Fences not over five (5) feet high and all block/brick walls not over thirty-six (36) inches in height above grade. C. Oil derricks. D. Moveable cases, counters and partitions not over five feet nine inches (5 feet 9 inches) high. E. Retaining walls which are not over four (4) feet in height measured from the bottom of the footing to the top of the wall unless supporting a surcharge or impounding Class I, II or III -A liquids. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page four F. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5,000) gallons and the ratio of height to diameter or width does not exceed two to one. G. Platforms and walks which are riot more than thirty ( 30 ) inches above grade, not over any basement or story below and are not at variance with the provisions of Section 2516(c) 2 through 7, Setion 2907(a), (b) Exception 2: Section 3304(i) Exception 1B; Section 3305(1): and Section 3306(c) and (n) of this Code. H. Painting, papering and similar finish work. I. Temporary motion picture, television and theater stage sets and scenery. J. Window awnings supported by an exterior wall of Group R, Division 3, and Group H Occupancies when projecting not more than 54 inches, and not subject to the provisions of Section 504(a) and (b) of this Code. K. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed five thousand (5,000) gallons. The swimming pool fence enclosure requirements of the City of Tustin shall still apply. L. Other incidental structures and improvements of a minor nature may be exempt from the provisions of this Code upon the determination of the Building Official. Unless otherwise exempted by this Code, separate plumbing, electrical and mechanical permits will be required for the above exempted items. 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 this Code or any other laws or ordinances of this jurisdiction." F. Section 301 is amended by adding subsection (c), (d) and (e) to read as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20'i 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page five "(c) The Building Official shall issue building permits for con- struction, demol ition, addition, al teration and installa- tion of required on-site improvements such as, but not limited to, curbing, walks, stairs, ramps, parking lots, drainage devices, irrigation systems, lighting systems, and landscaping. These permits will be issued when the on-site work does not otherwise require a building permit. All such above work shall be as authorized and/or required as a condition of approval by the City Council, City Planning Agency, City Planning Commision, Director of Community Development and/or City. EXCEPTION: Single family (R-3) residences are excluded from this section unless they are within a new residential tract being constructed within the City. ( d) 1. Relocation of Building: 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. 2. Upon request to relocate a building or structure, the Building Official shall collect from the owner or his representative for an investigative inspection. 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 inspec- tion shall determine if the building will satisfy the zoning and building code requirements. 'He shall then report in writing, all facts, judgments and informa- tion, to advise the owner or his representative, the requirements and conditions to relocate the building. 3. A permit to relocate the building shall be issued only to a building,, moving, wrecking contractor, C-21, 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, repai red, and such other work, to place the relocated building in such conditions that it conforms to the requirements of the state law, ordinances, and the City Building and Zoning Codes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page six 4. If the relocated building or structure would be unlaw- ful,, dangerous or defective and there is no practical remedy or correction which can effectively be made in the judgment of the Building Official, or the Building Official's conditions have not been complied with, the relocation permit shall be denied. 5. The Building Official shall, in issuing any relocation permit, impose therein such terms and conditions, including a cash bond deposit, 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. 6. 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. 7. 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 build- ing or structure, and dispose of the debris in a pub- lic ub- 1ic dump or other action as required of the Building Official as stated elsewhere. The cash deposit 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 addi- tion, the valuation of the improvement permits shall be added to the cash deposit. 8. 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 appoin- tive boards, officers, agents and employees, contrac- tors and any subcontractors, from claims for damages to public and private property, and for personal injury, including death, resulting from the operations under the permit for building relocation, whether such operations are by the permittee, or by anyone directly or indirectly employed by the permittee. The amounts of said insurance shall be as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page seven 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. 9. Contractor shall furnish satisfactory proof of carriage of the insurance required, a certificate of insurance by his insurance carrier naming the City of Tustin and its employees additional insureds, and legal assurance that each carrier will give the City at least thirty (30) days prior written notice of the cancellation of any policy during the effective period of the permi t. The insurance certificate shall be as prescribed by the City of Tustin. 10. Bond Condition. Every cash bond in the amount deter- mined 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 suffi- cient uffi- cient cause beyond the control of the permittee, by the Building Official. No such extension shall be a release from any cash bond or insur- ance policy. There shall be no additional extension. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page eight 11. Defaul t 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. Such notice shall specify the work to be done, the estimated cost therof, , and the period of time deemed by the Building Official to be reasonably necessary for the completion of such work. C. After receipt of such notice, the owner and/or permittee thereof specified shall cause the required work to be performed. Should the owners refuse or fail therein, the Building Official shall,, 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 completed. d. 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 Official, in the interest of public safety shall, without delay, 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 removed from the public right-of- way, including demolition. e. Shoul d the building, while being moved, be abandoned on public or private property and the property owner request the Building Official to remove or dispose of the building, the Building Official shall endeavor to have the building owner and/or permittee move or dispose of the building. The Building 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. 1', 2'', 3I 4 5 6 7 8' 9'' 10 11 12 13 14' 15 16 171 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page nine (e) 1. Demolition of building or structure: No building or structure shall be demolished unless and until the necessary permits to demolish the building or struc- ture have been issued by the Building Official. 2. Prior to issuing any permits, in addition to the requirements of Section 4409 of the Uniform Building Code, the Building Official will ensure life and property is reasonably protected. A refundable cash deposit 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. 3. The cash deposit 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. 4. The Building Official shall, in issuing any demolition permit, impose therein such terms and conditions, including a cash bond deposit, 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. 5. 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. b. Such notice shall specify the work to be done, the estimated cost thereof, and the period of time deemed by the Building Official to be reasonably necessary for the completion of such work. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18. 191 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page ten c. After receipt of such notice, the owner and/or permittee thereof specified shall cause the required work to be performed. Should the owner refuse or fail therein, the Building Official shall proceed by such mode as he deems conven- ient, to cause the building to be demolished but no liability shall be incurred therein, other than for City expenses deducted from the cash deposit. d. Upon completion of the demolition work, the cash deposi t shal 1 be refunded, less that portion required to reimburse the City for demolition 3, repairs, or clean-up expenses due to the default of the permittee." G. Section 303 is amended by adding subsection (f) to read as follows: "(f) Change of Contractor or of ownership. 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 (d) above are not applicable and if no changes have been made to the plans and specifications last submit- ted 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 submit- ted to the Building Official, a permit fee based upon the valuation of the work to be completed as provided for in section 304 (a ) hereof shall be charged to the permi t applicant." H. Section 304(b), the first paragraph, is amended to read as fol lows: "(b) Permit Fees. 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." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page eleven I. Section 304(c) is amended to read as follows: " (c) Plan Review Fees. When a plan or other data are required to be submitted by Subsection ( c ) of Section 302, 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." J. Section 304(e) is amended as follows: "(e) Investigation Fees: Work without a permit. 1. Investigation. Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 2. Fee. 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 investiga- tion fee shall be equal to the amount of the permit required by this Code. The minimum investigation fee shall be in no case less than sixty dollars ($60.00). 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." K. Section 307(b) is amended to read as follows: "Temporary Connections. The Building Official will authorize energy connection only after all work for the project, as shown on the approved drawings, is completed as required by various applicable state laws, ordinances, and codes; and as required by the City Council, the City Planning Commission, City Planning Agency, the Director of Community Devel opment, the City Engineer, the Director of Public Works, and/or the Fire Marshal. EXCEPTION: The Building Official may authorize the temporary energy connection of the building service equipment for the purpose of testing building service equipment, or for use with a temporary certificate of occupancy only after the owner or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 !' 17 18 19i 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page twelve permittee has made a written request therefore, showing justifi- cation for the connections if the Building Official finds that no substantial hazard will result. The Building Official may also require a cash deposit in the case of a temporary certifi- cate of occupancy. The cash deposit shall be in the amount of the valuation of the uncompleted work. Should the work not be completed prior to the date approved by the Building Official., the Building Official will order the work completed. All of the expenses to the City for completing the work shall be deducted from this cash deposit. L. The Uniform Administrative Code is amended by deleting Table Numbers 3-A, 3-B, 3-C9 3-D9 3-E, 3-F, and 3-G." 8102 - ADOPTION OF THE 1988 UNIFORM BUILDING CODE AND 1988 UNIFORM BUILDING CODE STANDARDS Except as provided in this chapter, those certain building codes known and designated as the Uniform Building Code and the Uniform Building Code Standards, 1988 Editions, including the appendix to the Uniform Building Code published by the International Conference of Building Officials, shall be and become the building codes of the City for regulat- ing the erection, construction, enlargement, altera tion, 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, its appendix and the Uniform Building Code Standards, has been filed i n the office of the City Clerk, and shall be at all times maintained by the City Clerk for use and examination by the publ i c. 8103 - AMENDMENTS TO THE UNIFORM BUILDING CODE A. The 1988 Uniform Building Code is hereby amended as follows: B. Part I. Part I is deleted from the Uniform Building Code. C. Section 508 is amended to read as follows: "Section 508. When one-hour fire -resistive construction through- out is required by this Code, an approved automatic sprinkler system, as specified in Chapter 38, may be substituted, provided such system is not otherwise required throughout the building. 1� 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page thirteen EXCEPTIONS: 1.) An approved automatic sprinkler required by Section 3802 (b) 5 may be substituted. 2.) Such substitution shall not waive nor reduce required -fire -resistive construction for: 1. Occupancy separations (Section 503[c]). 2. Exterior wall protection due to proximity of property lines (Section 504[b]). 3. Area separations (Section 505[e]). 4. Dwelling unit separations (Section 1202 [b]). 5. Shaft enclosures (Section 1706). 6. Corridors (Section 3305 [g] and [h]). 7. Stair enclosures (Section 3309). 8. Exit passageways (Section 3312[a]). 9. Type of construction separation (Section 1701). 1715." 10. Atriums constructed in accordance with Section D. Section 513 is amended to read as follows: "Section 513. 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 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." E. Pursuant to Health and Safety Code Section 13216, subsections 1807 (a), (d), (e), and (f) are amended and subsection 1807 (1) is added to read as follows: Section 1807. Na) Scope. The provisions of this section shall apply to every new building of any type of construction or occupancy, which has any area accessible by the public, located more than fifty-five (55) feet above the level of Fire Department Vehicle access. EXCEPTION: The following buildings shall not be subject to the provisions of this Section but shall conform to all other applicable provisions of these regulations. 1. Hospitals built as Group I, Division 1 Occupancies. 2. Buildings used exclusively as open parking garages. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page fourteen 3. Buildings where all floors above the 55 foot level are used exclusively as open parking garages. 4. Floors of buildings used exclusively as open parking garages and located above all other floors used for human occupancy." "(d) Smoke Detection Systems. At least one approved smoke detector suitable for the intended use shall be installed: 1. In every mechanical equipment, electrical, trans- former, telephone equipment, elevator machine or similar room. 2. In the main return and exhaust air plenum of each air-conditioning system and located in a serviceable area downstream of the last duct inlet. 3. At each connection to a vertical duct or riser serving two or more stories from a return -air duct or plenum of an air-conditioning system. In Group R. Division 1 Occupancies, an approved smoke detector may be used in each return -air riser carrying not more than 5,000 cfm and serving not more than 10 air inlet openings. The actuation of any smoke detector required by this section shall operate the voice alarm system and shall place into operation all equipment necessary to prevent the recirculation of smoke. All smoke detectors connected to the alarm system shall have a light that indicates the status of the detector. When a detector is located in a space above a drop ceiling, the indicating light shall be located on or below the ceiling grid." NO Alarm and Communication Systems. The alarm and communica- tion systems shall be designed and installed so that damage to any terminal unit or speaker will not render more than one zone of the system inoperative. The voice alarm and public address system may be a combined system. When approved, the fire department communications system may be combined with the voice alarm system and the public address system. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page fifteen The fire alarm system shall include visual indicators for the hearing impaired, in all public areas of the building including but not 1 i ini ted to elevators, elevator lobbies, rest rooms, corridors, exit stairways, rooms and tenant spaces exceeding one -thousand (1,000) square feet in area. The activation of any detection device connected to the alarm system shall cause the alarm to be sounded on the floor that the activating device is on as well as the floor above and the floor below the activating device where these floors exist. Three communication systems which may be combined as set forth above shall be provided as follows: 1. Voice Alarm System. The operation of any smoke detector, sprinkler, water flow device or manual fire alarm station shall automatically sound an alert signal to the desired areas followed by voice instruc- tions giving appropriate information and direction to the occupants. The central control station shall contain controls for the voice alarm system so that a selective or general voice alarm may be manually initiated. The system shall be supervised to cause the activation of an audible trouble signal in the central control station upon interruption or failure of the audiopath including amplifiers, speaker wiring, switches and electrical contacts, and shall detect opens, shorts and grounds which might impair the function of the system. The alarm shall be designed to be heard clearly by all occupants within the building or designated portions thereof as is required for the public address system. 2. Public address System. A public address communication system designed to be clearly heard by all occupants of the building shall operate from the central control station. It shall be established on a selective or general basis to the following terminal areas: 1 2 3 4 5 6 7 8'' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page sixteen A. Elevators. B. Elevator lobbies. C. Corridors. D. Exit Stairways. E. Rooms and tenant spaces exceeding one -thousand (1,000) square feet in area. F. Dwelling units in apartment houses. G. Hotel guest rooms or suites. 3. Fire Department Communication System. A two-way fire department communication system shall be provided for fire department use. It shall operate between the central control station and every elevator, elevator lobby and entry to every enclosed ex i t stairway." ( f ) Central Control Station. A central control station for fire department operations shall be provded in a location approved by the fire department. It shall contain: 1. The voice alarm and public address system panels. 2. The fire department communications panel. 3. Fire detection and alarm system annunciator panels. 4. Annunciator visually indicating the location of the elevators and whether they are operational. 5. Status indicators and controls for air -handling systems. 6. Controls for unlocking all stairway doors simul- taneously. 7. Sprinkler valve and water -flow detector display panels. 8. Standby power controls and status indicators. 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27' 28 Ordinance No. 1043 Page seventeen 9. A telephone for fire department use with controlled access to the public telephone system. 10. Fire pump status panel and controls. 11. Cabinet containing labeled emergency access and elevator control keys. (Type of cabinet and number of keys to be approved by the chief.) 12. Cabinet containing eight (8) portable fire fighter phones and one (1) headset with sufficient cord to reach all portions of the room. 13. One three ( 3 ) foot by four (4 ) foot table and one chair. 14. Plans of the building showing all fire and life safety systems, fire -resistive separations, on-site water system. 15. Air handling system control switches and operation indicators. 16. Elevator car location indicators. 17. The door to the building control room shall be open - able by a key approved by the chief. 18. The Central Control Station shall be separated from the remainder of the building by not less than one (1) hour fire -resistive construction with all openings protected by assemblies having a fire -resistive rating of not less than 45 minutes." "(1 ) Nel istops. 1. The roof area shall include an emergency evacuation facility or hel istop constructed for helicopters of less than 12,000 pounds maximum gross weight. The facility shall have a touchdown pad of at least a fifty ( 50 ) foot diameter and be surrounded on all sides by a clear area having a minimum average width at roof level of fifteen (15 ) feet but with no width less than five (5) feet. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page eighteen 2. The loading pad shall be designed per Uniform Building Code Section 2308(c). Helipad landing areas and supports shall be of non-combustible construction. 3. The emergency evacuation facility shall have two (2 ) approach -departure paths at a slope of 3 to 1. 4. Any helicopter use of the heli stop other than as an emergency evacuation facility shall require prior F.A.A. and Community Development Department approval." F. Section 3203 is amended to read as follows: "Section 3203. Roof Covering Requirements. The roof covering on any structure regulated by this Code shall be as specified in Table No. 32-A and as classified in Section 3204. EXCEPTION: Group R and 11 occupancies shall have a minimum roof covering of class C or better, except in hillside areas where a minimum Class A roof covering shall be used. The roof covering assembly includes the roof, deck, underlay- ment, interlayment, insulation and covering which is assigned a roof -covering classification." G. Pursuant to Health and Safety Code 13216, subsection 3310(b) is amended to read as follows: "(b) When Required. In a building having a floor used for human occupancy which is located more than fifty-five (55) feet above the lowest level of fire deparment vehicle access, all of the required exits shall be smoke -proof enclosures. EXCEPTIONS: 1. For buildings equipped with an automatic sprinkler system throughout in accordance with Section 1807(c), smoke -proof enclosures may be omitted, provided all enclosed exit stairways are equipped with a barometric dampered relief opening at the top and the stairway supplied mechanically with sufficient air to discharge a minimum of 2,500 cubic feet per minute through the relief opening while maintaining a minimum positive pressure of 0.15 -inch water column in the shaft relative to atmospheric pressure with all doors closed. Activation of the mechanical equipment shall be in accordance with Section 3310(g) 6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page nineteen 2. Enclosures need not be provided in open parking garages as defined in Section 709." H. Section 3703(f) shall be amended to read as follows: "(f) Height and termination. Every chimney shall extend above the roof and the highest el evtion of any part of a building as shown in Table 37-B. For altitudes over 2 ,000 feet, the Building Official shall be consulted in determining the height of the chimney. Every new building,, in which is installed a chimney, flue, or stovepipe attached to any fireplace, stove, or other device that burns any solid fuel., should have such chimney, flue or stovepipe equipped with a spark arrestor con- structed of iron, heavy wire mesh or other non-combustible material, with openings not larger than one-half (1/2) inch." I. Section 3802 (b) is amended by adding subsection 5. to read as follows: 11 5. In all new buildings or structures when the gross square footage thereof exceeds 6,000 square feet or more than two (2) stories in height regardless of area separation walls. EXCEPTION: Open parking structure, B-3 occupancy." J. Section 3802(h) is amended to read respectively as follows: "(h) Group R Occupancies. 1. An automatic sprinkler system shall be installed throughout every apartment house three (3 ) or more stories in height or containing more than 15 dwelling units, and every hotel three (3) or more stories in height or containing 20 or more guest rooms. Residen- tial or quick -response standard sprinkler heads shall be used in the dwelling unit and guest room portions of the building. 2. All other Group R Occupancies containing three (3 ) or more dwelling units or guest rooms shall have an approved modified sprinkler system installed. For the purposes of this section,, area separation walls shall not define separate buildings." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance iso. 1043 Page twenty K. Section 3802 is amended by adding subsection (i) to read as fol 1 ows : "(i ) Dumpster and Container Location. Dumpsters and containers with an individual capacity of 1.5 cubic yards (40.5 cubic feet) or greater shall not be stored in buildings or placed within five (5) feet of combustible walls, openings or combustible roof eave lines. EXCEPTION: Areas containing dumpsters or containers protected by an approved automatic sprinkler system. The fire sprinkler head(s) installed to protect the dumpsters or containers shall be of the automatic flow control type when no Central Station monitoring is provided." L. Section 38049 subsection 2 is amended to read as follows: "2 . Sprinklers shall not be installed when the application of water or flame and water to the contents may constitute a serious life or fire hazard. Other fire -extinguishing systems shall be compatible with the hazardous materials being stored or used as approved by the Chief." M. Section 3805 subsection b is hereby amended to read as follows.- "(b) ollows:"(b) Where Required. Standpipe systems shall be provided as set forth in Table No. 38-A. EXCEPTION: Every new building with any horizontal dimen- sion greater than 300 feet shall be provided with either access doors or hose outlets located so that all portions of the building can be reached with 150 feet of hose from an access door or hose outlet. Access doors: Access doors shall be in the exterior wall of the building accessible without the use of a ladder,, and not less than three ( 3) feet in width nor less than six feet eight inches (6'8") in height. 1 2 3 4! 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 251 261 271 70141.1 Ordinance No. 1043 Page twenty-one Hose outlets: The hose outlets shall be two and one-half (2 1/2) inch in size with an approved valve. The water supply for the hose outlets shall be supplied as follows: 1. By a separate main from the system side of the check valve at the fire department connection; or 2. 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. The wa ter suppl y shal l be si zed to del i ver a mi n i mum of 2 50 gpm, at 65 psi. from the hydraulically most remote hose outlet and 250 gpm. (flowing) froin each additional outlet up to a maximum of 500 gpm. (flowing) when the fire depart- ment connection is pumped at a pressure not to exceed 150 psi." N. Chapter 41 is amended to read as follows: For the purposes of establishing minimum standards to make buildings resistant to unlawful entry, all provisions of the 1988 Edition, Uniform Building Security Code, adopted and pub- lished ub- 1ished by the International Conference of Building Officials, of which one copy has been and now is filed i n the office of the City Clerk of the City of Tustin, are hereby adopted and incor- porated herein as fully as though set forth in full herein, save and except such portions as are herinafter deleted, modified or amended. 1. Section 4101 is amended as follows: The purpose of this Code is to establish minimum standards to make all build- ings ui1d- ings resistant to unlawful entry. 2. Section 4102 is amended as follows: The provisions of this chapter shall apply to openings into all buildings, includ- ing 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page twenty-two EXCEPTIONS: (1) An opening in an exterior wall when all portions of such openings are more than twelve (12) feet vertical- ly ertical- ly or six (6) feet horizontally from an accessible surface of any adjoining yard, court, passageway, public way, walk, breezeway, patio, planter, porch or similar area. (2) An opening in an exterior wall when all portions of such openings are snore than twelve (12) feet vertical- ly ertical- ly or six (6) feet horizontally from the surface of any adjoining roof, balcony, landing, stair tread, platform or similar structure or when any portion of such surface is itself more than twelve (12 ) feet above an accessible surface. (3) Any opening in a roof when all portions of such roof are more than twelve (12) feet above an accessible surface. (4) Openings where the smaller dimension is six (6) inches or less, provided that the closed edge of such open- ings is at least thirty-six (36) inches from the locking device of the door or window assembly. (5) Openings protected by required fire door assemblies having a fire endurance rating of not less than forty-five (45) minutes. 3. Section 4110, Garage Type Doors: Rolling Overhead, Solid Overhead, Swinging, Sliding or Accordion Style, is added to read as follows: The above described doors shall conform to the following (1) Fiberglass doors shall have panels a minimum density of six (6) ounces per square foot from the bottom of the door to a height of seven (7) feet. Panels above seven (7) feet and panels in residential structures shall have a density of not less than five (5) ounces per square foot. (2) Overhead doors shall be equipped with bolts which shall be capable of utilizing padlocks with a minimum nine -thirty -seconds -inch shackle. 1 Ordinance No. 1043 2 Page twenty-three 3 4 (3) Doors utilizing a cylinder lock shall have a minimum five -pin tumbler operation with the bolt or locking 5 bar extending into the receiving guide a minimum of one (1) inch. 6 (4) Doors that exceed sixteen (16) feet in width shall 7 have two (2 ) lock receiving points, or if the door does not exceed nineteen (19 ) feet, a single bolt may 8 be used if placed in the center of the door with the locking point located either in the floor or door 9 frame header. 10 (5) Slide bolt assemblies shall have a frame a minimum of .120 inches in thickness, a bolt diameter a minimum of 11 one-half (1/2) inch and protrude at least one and one-half (1 1/2) inches into the receiving guide. A 12 bolt diameter of three eights (3/8) inch may be used in a residential building. 13 (6 ) Slide bolt assemblies shall be attached to the door 14 with bolts which are nonremova bl e from the exterior. Rivets shall not be used to attach such assemblies. 15 (7 ) Padlocks used with exterior mounted slide bolts shall 16 have a hardened steel shackle a minimum of nine thirty-seconds (9/32) inch in diameter with heel and 17 tow locking and a minimum five -pin tumbler operation. The key shall be nonremovable when in an unlocked 18 position. 19 4. Section 41119 Special Residential Building Provisions, is added to read as follows: 20 The following special provisions shall apply to all 21 residential dwellings (R-13, R-3 and M-1): 22 (1) Except for vehicular access doors, all exterior swing- ing doors of any residential building and attached 23 enclosed garages, including the door leading from the garage area into the dwelling unit, shall be equipped 24 as follows: 25 a. All wood doors shall be of solid core construc- tion with a minimum thickness of one and three - 26 fourths (1 3/4) inches, or with panels not less than nine -sixteenths (9/16) of an inch thick. 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 91 Ordinance No. 1043 Page twenty-four b. A single or double door shall be equipped with a double or single cylinder deadbolt having a minimum protection of one (1) inch and an embed- ment 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 deadbol t 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 1 eaf on metal frame double doors shall be equipped with flush bolts having a minimum protection of five-eighths (5/3) of an inch at the top and bottom of the leaf. On wood frame double doors, the projection shall be a minimum of one (1) inch. d. Glazing in exterior doors or within forty (40) inches of a door locking mechanism shall be of fully tempered glass or rated burglary resistant glazing, except where double cylinder deadbolts are installed. e, All front exterior doors shall be equipped with a wide angle (one hundred eighty [1801 degrees) door viewer, except where clear vision panels are installed. (2 ) 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 visible to approaching emergency 1 2 3 4 5 6 7 8 9 10l 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page twenty-five (3) vehicles. The numerals shall be no less than three (3) inches in height and shall be of a con- trasting 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 diagraphi c 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 rely ted 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 4106 of this Chapter. 5. Section 4112, Special Commercial Building Provisions other than Type R-1, R-3 and M-1, is added to read as follows: The following special provisions shall apply to commercial buildings: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 2E Ordinance No. 1043 Page twenty-six (A) All exterior swinging doors shall be equipped with a double or 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 bol t 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 con- nected to the inner portion of the lock by connecting screws of at least one -quarter -inch 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.) (Q) Wood doors shall be of solid coreconstruction than tone and have a minimum thickness of not less three-fourths (1 3/4) inches. (C) 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. (D) The inactive leaf on metal frame double doors shall be equipped with flush bolts having a minimum projection of five-eighths (5/3) 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. (E) 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 door by welding or non - removable bolts spaced apart on not more than ten -inch centers. (F) Any glazing utilized within forty (40) inches of any locking mechanism on a door, other than a double cylinder deadbolt, shall be secured as follows: 1 2 3 4 5 6 7 8 9'. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page twenty-seven 1. Fully tempered glass or rated burglary resistant glazing; or 2. 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 3. Iron or steel grills of at least one -eighth -inch metal with a maximum two-inch mesh, secured on the inside of the building. Items 1. and 2. above shall not interfere with the operation of opening windows if such windows are required to be openable by this Code. (G) Aluminum frame swinging doors shall conform to the following: 1. The jamb shall be so constructed or protected to withstand sixteen hundred (1600) pounds of pres- sure 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. 2. 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. (H) In multiple occupancy office building, all entrance doors to individual office suites shall meet the requirements for exterior doors. (I) Where panic hardware is required by this Code, or Title 19, California Administrative Code, it shall be equipped and installed as follows: 1. There shall be a minimum of two (2) locking points on each door; or 2. On single doors, panic hardware may have one 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page twenty-eight constructed of steel .125 inches thick which shall be welded or attached with nonremovable bol is 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 3. Double doors containing panic hardware shall have an astragal attached to the doors at their meet- ing point which will close the opening between then but not interfere with the operation of either door. (J) Exterior transoms or windows shall be deemed acces- sible cces- sible 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 throughfare and having a pane or opening exceeding ninety-six (96) square inches shall be constructed or protected as follows: 1. Fully tempered or rated burglary resistant glazing shall be used; or 2. Interior steel or iron bars of at least one -half- inch round or one -inch by one -quarter -inch 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 3. Interior iron or steel grills of at least one- eighth -inch metal having a mesh of not more than one (1) inch may be used if secured with bolts which are nonremovable from the exterior. Items 1. and 2. 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. (K) All hatchway openings on the roof of any building used for business purposes shall be secured as follows: 1. If the hatchway is of wooden material it shall be covered on the inside with a minimum sixteen - gauge sheet metal or its equivalent, attached with screws. 1 2 3 4 5 6 7 8 9 10 11 12 13 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page twenty-nine 2. 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. 3. Outside hinges on all hatchway openings shall be provided with nonremovable pins and shall use nonremovable screws for mounting. (L) All exterior air duct or air vent openings exceeding ninety-six (96) square inches shall be secured by one of the following means: 1. Iron or steel bars of at least one -half-inch round or one -inch by one -fourth -inch flat metal, spaced no more than five (5) inches apart and secured by bolts which are nonremovable from the exterior; or 2. 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 non - removable from the exterior. 3. The above must not interfere with any venting requirements. (M) 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. (N) All exterior commercial doors shall be illuminated with a minimum of one (1) footcandle of light. Such lights shall be maintained during hours of darkness and be protected by vandal resistant covers. 1 2 3 4 5 6 7 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page thirty (0) 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) foot- candle of light on the parking surface from dusk until the termination of business every operating day. (P) 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. 6. Section 4113, Definitions, is added to read as follows: A. "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. B. "Auxiliary Locking Device Isis a secondary locking system added to the primary locking system to provide additional security. C. "Bol t" is a metal bar which, when actuated, is projected ( or thrown) either horizontally or vertical- ly ertical- ly into a retaining member, such as a strike plate, to prevent a door from moving or opening. D. "Part" as distinguished from component, is a unit for subassembly, which combines with other units to make up a component. E. "Primary Locking Device" is the single locking system on a door or window unit whose function is to prevent unauthorized intrusion. F. "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 mehcanism. 1 Ordinance No. 1043 2 Page thirty-one 3 4 G. "Solid Core Door" means a door composed of solid wood construction. 5 H. "Stile" is a ver ti cl a framing member of a window or 6 door. A meeting stile is one which mates with a stile of another sash or a vertical framing member of a door 7 or window frame when the sash is in the closed position. 8 I. "Strike" is a metal plate attached to or mortised into 9 a door jamb to receive and to hold a projected latch bolt and/or deadbol t in order to secure the door to 10 the jamb. 11 J. "Swinging Door" means a door hinged at the stile or at the head and threshold. 12 K. "U.L. Listed" means tested and listed by Underwriters' 13 Laboratories, Inc. 14 7. Section 4114, Keying Requirements, is added to Chapter 41 to read as follows: 15 Upon occupancy by the owner or proprietor, each single unit 16 in a tract or commercial development, constructed under the same general plan, shall have locks using combinations 17 which are interchange free from locks used in all other separate dwellings, proprietorships or similar distinct 18 occupancies. This is intended to prohibit master keying. 19 0. Chapter 51 of the Appendix, Section 5110; Permits -Certificate of Inspection, is amended to read as follows: 20 a. Permits Required. It shall be unlawful to hereafter 21 install any new elevator, moving walk, escalator, or dumb- waiter., to make major alterations to any existing elevator, 22 dumbwaiter, escalator or moving walk as defined in Part XII of the ANSI Code, without having first obtained a permit 23 for such installation from the State of California Division of Industrial Safety. Permits shall not be required for 24 maintenance or minor alterations. 25 b. Certificates of Inspection Required. It shall be unlawful - to operate any elevator, dumbwaiter, escalator or moving 26 walk without a current certificate of inspection issued by the State of California Department of Industrial Safety. 27 28 1 2 3 4 5 6 7 8' 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page thirty-two 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 perfori-iied in accordance with Part X of the ANSI Code. Certificates shall not be issued when the conveyance is posted as unsafe pursuant to Section 5114. EXCEPTION: Certificates of inspection shall not be required for conveyances within a dwelling unit. C. Application for Permits. Application for a permit to install shal 1 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. d. 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 5113. P. Chapter 51 of the Appendix, Section 5113, Requirements for Operation and Maintenance, is amended by amending Section 5113(b) and a to read as follows: (b) 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 1001.1b of the ANSI Code. Inspections and tests shall be made as required by Part X of the ANSI Code. (e) 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. Q. Chapter 51 of the Appendix, Section 5114, Unsafe Conditions, is amended to read as follows: 1 2 3 4 5 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page thirty-three 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 a full 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 shall 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. R. Chapter 70 of the Appendix, Grading and Excavation, is hereby deleted in its entirety. 8105 ADOPTION OF STATE HISTORICAL BUILDING CODE The State of California, California Code of Regulations, Title 24, State Building Standards, Part 8, State Historical Building Code, for the purpose of providing alternative building regulations for the rehabilitation, preservation, restoration or relocation of buildings or structures designated as historical buildings by Federal., State of California, County of Orange, or City of Tustin, all provisions in effect October 20, 1979, adopted and published by Office of Administrative Hearings, Department of General Services, distributed by State of California, Documents Section, P.O. Box 1015, North Highlands, California, 95660, one 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 public. Section 2: Chapter two of Article 8 of the City of Tustin is amended to read as follows: CHAPTER 2 MECHANICAL CODE 8200 ADOPTION OF 1988 UNIFORM MECHANICAL CODE Except as provided in this chapter, that certain Mechanical Code known and designated as the Uniform Mechanical Code, 1988 Edition, 1 2 3 4 5 6 7 8 9 10 11 12! 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page thirty-four published by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials, shall be and become the Mechanical Code of the City, regulating and controlling the design, construction, installation, quality of materials, location, opera- tion and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat producing appliances. One 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 1988 Uniform Mechanical Code is hereby amended as follows: "Part I : Part I is deleted from the Uniform Mechanical Code." Section 3: Chapter 3 of Article 8 of the Tustin City Code is amended to read as follows: CHAPTER 3 PLUMBING CODE 8300 ADOPTION OF 1988 UNIFORM PLUMBING CODE Except as provided in this chapter, that certain plumbing code known and designated as the Uniform Plumbing Code, 1988 Edition, including the appendix 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 copy of the Uniform Plumbing Code has been filled i n 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 1988 Uniform Plumbing Code is hereby amended as follows: A. Part I. Part I is deleted from the Uniform Plumbing Code. B. Section 315 is amended by adding a new subsection (g) to read as follows: (g) All 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page thirty-five installation to contact with buried in the ground. Steel or galvanized steel Shall be protected by at least double spiral wrapping, half overlapping with 10 mil plastic tape ( total 40 mils cover) or approved equal. C. Section 1004(a) Amended - Water Distribution Materials. Section 1004 of the Uniform Plumbing Code is amended to read as follows: "(a) 'Water pipe and fittings shall be of brass, copper, cast iron galvanized malleable iron, galvanized wrought iron, galvanized steel or other approved materials. CPVC, PB, PE, or PVC water pipe manufactured to recognized standards may be used for cold water distribution systems outside a building. All materials used in the water supply system, except valves and similar devices shall be of a like mater- ial , except where otherwise approved by the Administrative Authority. (b) Piping and tubing which has previously been used for any purpose other than for portable water systems shall not be used. (c) Prohi bi ted material s: Galvanized malleable iron, galvan- ized wrought iron, or galvanized steel are prohibited materials. (d) Approved plastic materials may be used in water service piping, provided that where metal water service piping is used for electrical grounding purposes, replacement piping therefore shall be of like material s. (e) Solder shall conform to the requirements of Section 802(d). EXCEPTION: Where a grounding system, acceptable to the Administrative Authority, is installed, inspected and approved, metallic pipe may be replaced with non-metallic pipe." D. Section 1008(C) (1) is amended to read as follows: "C. Water piping installed within a building and in or under a concrete floor slab resting on the ground shall be installed in accordance with the following requirements: (1) Ferrous piping shall be prohibited." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page thirty-six E. Section 1212 (a ) is amended to read as follows: "(a) All pipe used for the installation, extension, al teration, or repair of any gas piping shall be standard weight wrought iron or steel (galvanized or black), yellow brass (containing not more than seventy-five percent [75%] copper) , or internally tinned or equivalently treated copper of iron pipe size. Approved PVC or PE pipe shall be used in exterior buried piping systems." F. Section 1213(d) is amended to read as follows: "(d) Ferrous gas piping installed underground shall be prohib- ited. Plastic gas piping shall have at least eighteen (18) inches (0.5m) of earth cover or other equivalent protec- tion. Risers shall be metallic 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 metal t i c portion of the riser shal 1 extend at least eighteen (18 ) inches before connecting to the plastic pipe by means of an approved transisition fitting or adapter." 8302 - ADOPTION OF 1988 UNIFORM SOLAR ENERGY CODE For the purpose of prescribing regulations for the erection, con- struction, enlargement, alteration, repair, moving, removal, conver- sion, demolition, occupancy, equipment, use, height and area of building structures, except as provided in this chapter, all of the provisions of the 1988 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 copy of the code has been filed i n 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 1988 Uniform Solar Energy Code is hereby amended as follows: (A) Part I. Part I is deleted from the Uniform Solar Energy Code. (S) Section 306 is amended by adding a new subsection (g) to read as follows: 1 2 3 4 5 6 7 8 9 101 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page thirty-seven (g) All earth within the City of Tustin is corrosive, unless the permi tee proves to the satisfaction of the Building Official the specific earth is not corrosive to the plumb- ing, 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, half overlapping with 10 mil plastic tape ( total 40 mils cover) or approved equal. Section 4: Chapter 4 of Article 8 of the Tustin City Code is amended to read as follows: CHAPTER 4 ELECTRICAL CODE 8400 ADOPTION OF 1990 NATIONAL ELECTRICAL CODE Except as provided in this chapter, that certain electrical code known and designated as the National Electrical Code, 1990 Edition, published by the National Fire Protection Association, shall be and become the Electrical Code of the City, regulating all installations, arrangement, alteration, repair, use and other operation of electrical wiring, connec- tions, 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 1990 edition of the National Electrical Code is hereby amended as follows: A. Article 90 is hereby amended by the addition of the following sections to read: Article 90-9 Relocated Buildings- and Structures. Except for Class B-1, B-3 and M-1 occupancies, relocated buildings and structures shall conform to the requirements of this code as if it were a new building or structure. Article 90-10 Revocations and Suspensions. The Building Official may suspend or revoke any electrical permit for any of the following reasons: 1. If any reason is found to exist which would have been cause for denial of such permit. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page thirty-eight 2. Any material misrepresentation or falsity in the applica- tion upon which said permit was issued. 3. For failure to comply with the provisions of the sections in this code pertaining to electricity; after due notice of corrections and the time limit therefore has expired, or for failure to comply with other codes of this jurisdic- tion that may be related to or appertain to the sections in this Code pertaining to electricity. Article 90-11 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, sta ting the defects which have been found to exist. All defects shall be corrected within ten (10) days after inspection and notification, or within other reason- able time as permitted by the Building Official. No electrical installation shall be energized until inspected and approved by the Building Official. Article 90-12 Approval of Equipment. All appliances and equip- ment shall be listed and labeled by a nationally recognized testing laboratory, equal to but not limited to Underwriters's Laboratories, Inc., and approved by the Building Official. Article 90-13. Used Materials. Previously used materials shall not be re -used without the written approval obtained in advance from the Building official. Article 90-14 Nameplates. The maker's nameplate., trademark, or other identification symbol shall be placed on the outside, where it is visible at time of inspection on all electrical materials, devices, appliances, fittings, and equipment used or installed under the provisions of this Code. B. Article 110-5 is amended by adding a second paragraph to read as follows: Conductors shall be of copper. Copper wire shall be the preferred material 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 case basis where adequate safety measures can be ensured. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page thirty-nine C. Article 300-6(b) is amended by adding the following paragraph: All 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 adding article 310-16 to read: "310-16. Continuous inspection of aluminum wiring. Aluminum conductors of No. 6 or smaller used 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 amended to read as follows: "336-3. Permitted use of non-metallic sheathed cable. Type NM and Type NMC cable are permitted to be used only in wood frame residential construction, not exceeding three stories above grade." 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 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1-5 16 17 18 19 20 211 22 23 24 25 26 27 28 Ordinance No. 1043 Page forty (d) Where practical difficulties or unnecessary hardships i nconsi stent wi th the provi sions of thi s chapter resul t from i is 1 i teral 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 bedel ayed. The amount of the cash deposit shall be determined by the Building Official. 8500 ADOPTION OF THE 1988 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE Except as provided in this chapter, that certain Swimming Pool Code known and designated as the Uniform Swimming Pool., Spa and Hot Tub Code, 1988 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 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 1988 edition of the Uniform Swimming Pool , Spa and Hot Tub Code is hereby amended as follows: A. Deleting Part 1 with the exception of Sections: 1.0, 1.1, 1.2, 1.3 1.4, 1.8, 1.9, 1.12 and 1.14. B. Section 1.11 is amended to read as follows: "Permit Fees. The fees for swimming pools, spa and hot tubs shall be those which the City Council may from time to time adopt by resolution." C. Section 310 is amended to read as follows: "Section 310 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page forty-one 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 and subsequently into a public sewer. The flood level rim of such receptor shall be at least six (6) inches above the flood level of the adjacent ground. Each such receptor, when permitted to be connected to any part of a drainage system shall be provided with an approved three (3) inch trap. Plans and specifications for any deviation from the above manner of installation, shall first be approved by the Building Official before any portion of any such system is installed." D. Section 320 - The following section is hereby added to the Uniform Swimming Pool Code to read as follows: "Section 320. Fencing. (a) Every person in possession of land either as an owner, purchaser under contract, lessee, tenant, licensee, or otherwise upon which is situated a swimming pool, hot tub/ spa or other out-of-doors body of water, designed con- structed and used for swimming, dipping, or immersion by men, women and children, having a depth in excess of eighteen (18) inches, shall maintain in good condition an enclosure or fence not less than five (5) feet in height above the adjacent exterior grade. Such fence or wall shall be constructed and maintained with no opening nor projections which could serve as a means to scale same. Vertical openings shall be no wider than four (4) inches between members, and no opening between horizontal members shall exceed two (2) inches. If a fence combining vertical and horizontal members meets either the vertical or horiz- ontal requirements of this section, it shall be deemed to meet the requirements of this section. (b) Clearance above ground. All enclosures and gates shall extend to within two (2) inches of firm soil or within four (4) inches of pavement. (c) Gates, doors, and latches. Gates and doors opening through enclosures shall be equipped with a self-closing and self -latching device to keep such door or gate secured at all times when not in use. The device shall have its 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page forty-two release at least four (4) feet above exterior grade, or so located on the pool side as to prevent release from the exterior. This shall include any passage door or gate opening from an accessory building, such as a garage. EXCEPTIONS: 1. The unlocking or unlatching device may be located on the inside of the enclosure at less than the required five (5) feet in height when not operable from the outside of the enclosure. 2. Self-closing and self -latching devices shall not be required on doors leading from a dwelling unit i n to the pool area. 3. Double gates installed across vehicular access ways shall be self-closing and shall be equipped with a latching device four (4) feet above grade which may be manually operated. Such gates shall be securely closed at all times when not in actual use. (d) Access from a publ i c street to the front door of any single-family dwelling unit shall not be obstructed by a pool enclosure. (e) Except for single-family residences, the fence or walls shall be so located so there will be no access from any dwelling unit into the pool enclosure. The fence or walls shall serve to isolate the pool from other activities or structures, and shall be located within fifty (5U) feet of the pool. Gates or doors into such enclosures shall be located in view of the pool. A building wall with no doors may be used as part of such pool enclosure when within the specified distance of the pool. EXCEPTIONS: When approved by the Director of Community Development, such enclosures may include sunshade, toilet or shower structures which are used only in conjunction with the pool. Access through an accessory recreation building may be permitted through a lockable door with a sign above door, one -inch letters with contrasting back- ground, Lock Door When Pool Is Not In Use." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page forty-three Any lights used to illuminate any swimming pool enclosure shall be so arranged and shaded as to reflect light away from any adjoining premises. (f) Plaster inspection or approval to fill the pool with water shall be withheld by the Director of Building Safety until there has been compliance with all fencing and other requirements of this Chapter." E. Section 321 Construction Requirements is added to read as follows: "Section 321. Construction Requirements. (a) A11 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 loss 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 305(a). A continuous inspection by a special inspector shall be required on all pools constructed of reinforced guni te, or reinforced cast in place concrete. Said special inspector shall insure all electrical bonding is properly installed; ensure all required reinforcing steel and diving board or slide anchor bolts are properly in place, ensure concrete is cast to the thickness required for expansive soil, ensure the concrete is properly placed; and take test samples during the placing of concrete and such samples shall be tested by an approved testing laboratory to attain a strength exceeding two thousand (2,000) psi, or as required by the design engineer at twenty-eight (28) days. Should such test show the concrete to fail or to be of questionable quality or strength, the special inspector may require core tests to be taken upon approval of the Building Official. Special inspectors shall submit to the 1 2 3 4 5 6 7 8 9 101 111 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page forty-four Building Official a written report showing the dates of inspection, and the result of the laboratory tests. Thi s report shall indicate the reinforcing steel is per the approved drawings and per Chapter 26, UBC, 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." F. Section 322 Clean -Up Bond is 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 ( $1500.00) for the construction of a swim- ming 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 the issuance of a spa, jacuzzi, and other small pool permit not intended for swim- ming, 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 appli- cant 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. All damage to public curbs, gutters, sidewalks, driveways 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page forty-five 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 prepl aster 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 riot been installed and maintained, the City shall cause the necessary work to be done and shall deduct the cost thereof from the bond." G. Section 323 Public Encroachment is 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 under such conditions as he 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 shall enforce the requirement of this Section by stop order if necessary." H. Section 324 Modification of Requirements, is 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, UAC Section 108, 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 substantiate or justify such requests and may apply reasonable condi- tions to ensure ultimate compliance with the spirit of this Section in the event of a change of conditions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page forty-six (b) The pump/filter may be located in the side yard setback provided it is within one (1) foot of the dwelling exterior wall and four (4) feet from the property line and at least ten (10) feet away from an existing adjacent on-site or off-site dwelling window and/or enclosed patio. This provision is to attenuate noise to a reasonable level. A pump/filter may be located anywhere within five ( 5 ) feet of a rear property line provided it is at least ten (10) feet away from an off-site dwelling window. (c) The gas fuel fired water heater may be located within the side yard setback, provided it is located within one (1) foot of the exterior wall of the dwelling, four (4) feet from a window or door, ten (10) feet from an HVAC air intake, window, greenhouse or enclosed patio (on- or off-site) . A gas fuel fired water heater may be located anywhere within five (5) feet of a rear property line provided said property line contains a non-combustible wall. The heater shall also be installed with clearance as listed by the American Gas Association or Underwriters' Laboratories." Section 6: Chapter 6 of Article 8 of the Tustin City Code is amended to read as follows: CHAPTER 6 8600 ADOPTION OF 1988 UNIFORM SIGN CODE For the purpose of prescribing regulations for the erection, construc- tion, enlargement, alteration, repair, moving, removal, conversion, demoli- tion, occupancy, equipment, use, height and area of building structures, except as provided in this Chapter, all of the provisions of the 1938 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 1988 edition of the Uniform Sign Code is amended by deleting Section 1401. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page forty-seven 8602 CONFLICTS WITH ARTICLE 94009 SIGNING CODE Nothi ng i n thi s Arti cl e 8600 shal l be construed to be in confI i ct wi th Article 9400, Signing Code, Tustin City Code and guidelines and standards "regarding" ... "the character of signs and sign structure ... The purpose of Article 8600, Sign Code, Tustin City Code, is to provide minimum standards to safeguard life, health, property and pub l is welfare by regulating and controlling the design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures not within a building. Any conflicts between Article 9400 and Article 8, Building Regulations, Tustin City Code, regarding enforcement of adopted codes and amendments, the provisions and requirements of Article 8 shall govern. Section 6: Chapter 7 of Article 8 of the Tustin City code is amended to read as follows: .CHAPTER 7 8700 ADOPTION OF 1988 UNIFORM HOUSING CODE Except as provided in this chapter, thatcertain Edition, housing bycode town he and designated as the Uniform Housing Code, 19 , published International Conference of Building Officials, shall become the Housing Code of the City, regulating and controlling the use and occupancy, loca- tion and maintenance of all residential buildings and structures within this City. One 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 examination by the public. Section 8 of Article 8 of the Tustin City Code is amended to read as follows: CHAPTER 8 8800 ADOPTION OF 1988 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS Except as otherwise provided in this Chapter, that thcertain building code known and designated as the Uniform Code for ment of Dangerous Buildings, 1988 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 avail- able at law., whereby buildings or structures which from any cause endanger 1 2 3 4 5 6 7 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page forty-eight the life., 1imb, health, morals, property, safety or welfare of the general public or their occupants, may be requested to be repaired, vacated or demolished. One copy of the Uniform Code for the Abatement of Dangerous Buildings 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. 8801 AMENDMENTS TO THE UNIFORI4 CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS The 1988 Edition of the Uniform Code for the Abatement of Dangerous Buildings is amended as follows: A. Section 801(a) is amended to read as follows: "(a) Procedure. When any work of repair or demolition is to be done pursuant to Section 701(c)3 of this code, the Building Official shall cause the work to be accomplished by City personnel or by private contract under the direction of the Building Official. Plans and specifications therefore may be prepared by the Building Official, or he may employ such architectural and/or engineering assistance on a contract basis as he may deem reasonably necessary. If any part of the work is to be accomplished by private contract, standard public works contractural procedures shall be followed." B. Section 802(a) is amended to read as follows: "(a) General. The legislative body of this jurisdiction shall establish a special revolving fund to be designated as the repair and demolition fund. Payments shall be made out of said fund upon the demand of the Building Official to defray the costs and expenses which may be incurred by this juris- diction uris- diction in doing or causing to be done the necessary work of repair or demolition of dangerous buildings." C. Section 901 is amended to read as follows: "The Building Official shall keep an itemized account of the expense incurred by this jurisdiction in the repair or demoli- tion of any building done pursuant to the provisions of Section 701(c)3 of this Code. Upon the completion of the work of repair or demolition, said Building Official shall prepare and file with the clerk of this jurisdiction a report specifying the work 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page forty-nine done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Subsection (c) of Section 401." D. Section 902 is amended to read as follows: "Upon receipt of said report, the clerk of this jurisdiction shall present it to the legislative body of this jurisdiction for consideration. The legislative body of this jurisdiction shall fix a time, date and place for hearing said report, and any protests or objections thereto. The clerk of this jurisdic- tion shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in the City, and served by certified mail,, postage prepaid, addressed to the owner of the property as his name and address appear on the last equalized assesment roll of the. County, if such so appear, or as known to the Clerk. Such notice shall be given at least ten (10) days prior to the date set for hearing and shall specify the day, hour, and place when the legislative body will hear and pass upon the Building Official's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed change." E. Section 903 is amended to read as follows: "Any person interested in or affected by the proposed charge may file written protests or objections with the clerk of this jurisdiction at any time prior to the time set for the hearing on the report of the Building Official. Each such protest or objection must contain a description of the property in which the signer thereof is interested, and the grounds of such protest or objection. The clerk of this jurisdiction shall endorse on every such protest or objection the date it was received by him. He shall present such protest or objection to the legislative body of this jurisdiction at the time set for the hearing, and no other protests or objections shall be considered." F. Section 904 is amended to read as follows: "Upon the day and hour fixed for the hearing of the legislative body of this jurisdiction shall hear and pass upon the report of the Building Official together with any such objections or protests. The legislative body may make such revision, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1043 Page fifty correction or modification in the report or the charge as it may deem just, and when the legislative body is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the legislative body of this jurisdiction on the report and the charge, and on all protests or objections., shall be final and conclusive." 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. Section 10: This Ordinance shall be in full force and effect thirty days after its passage and the City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of Tustin and shall, within fifteen (15) days after its final passage, post a certified copy of the full text of the Ordinance at City Hall and cause a summary of the Ordinance to be published once in the Tustin News, a newspaper of general circulation which is hereby designated for that purpose. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, held on the 15th day of January, 1990. MARY E. WYNN City Clerk RICHARD -EDGAR Mayor