HomeMy WebLinkAboutORD FOR ADOPTION 12-07-87TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
,.
COI~UNITY DEVELOPMENT DEPARTMENT
REVISED RESOLUTION NO. 87-133 AND REVISED ORDINANCE NO. 995
ADOPTING UPDATED EDITIONS OF THE MODEL CONSTRUCTION CODES WITH
I fir.A1 MIII~TFTCATIONS
RECOIW~ENDATION:
It is recommended that the City Council take the following actions:
.
Adopt revised Resolution No. 87-133 setting forth an additional finding in
conformance with State law, for local modifications to the Uniform Building
Code.
2.' M.O. Hold second reading of Ordinance No. 995.
3. Adopt Ordinance No. 995.
BACKGROUND:
The City Counctl on November 16, 1987 adopted Resolution No. 87-133 making
necessary findings which address local conditions in order to make certain
modifications to Uniform Codes per State law. Unfortunately findings related to
the proposed requirement for automatic fire sprinkler systems were not provided
in the original resolution. Staff have, therefore, determined the need to
modify Resolution No. 87-133 to provide additional findings necessary to require
automatic fire sprinkler systems in Group R, Division I structures.
Section 2 of Resolution No. 87-133 as revised, incorporates the information and
findings required by State law. No other deletions or modifications to the
resolution will be necessary.
The City Counctl at their meeting of November 16th also requested the following
changes to Ordinance 995 which have been made:
.
Permits would be required for the construction of block/brick walls
over 36 inches 'in height above grade. Permits would be required for
all other fences over 60 inches in height above grade
C1. ty Council Report
December 7, 1987
Ordinance 995/Ftre Code
Page two
2. Permits would be requtred for all on-stte construction - curbs,
parktng lots, sidewalks, etc. Exception- stngle famlly homes (R-3)
would be exempted unless they are wtthtn a new subdivision being
constructed withtn the Ctty.
Two clarifications of previously discussed changes to the Uniform Building Code
include:
I ·
Ordinary roof covering will now be required to be minimum Class "C"
roofing.
2. Fire 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 two stories in height regardless of
area separation walls.
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Automatic sprinklers shall, be installed in all Group R, Division 1
occupancies.
The City Attorney has reviewed the proposed Ordinance and Resolution and has
approved them as to form and content.
Lloyd Dick,
Building Official
· Christine Shtngleton, /?
Director of Community DeVelopment
LD' CAS- pef: ts
Attachments' Ordinance No. 995
Revised Resolution No. 87-133
Corn rnunity DeveloPrnent Department
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REVISED
RESOLUTION NO. 87-133
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 BUILDII~ 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 con-
tained 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 Housing Code of
the International Conference of Building Officials, the Uniform
Plumbing Code of the International Association of Plumbing and
Mechanical Officials, the Uniform Mechanical Code of the Inter-
national Conference of Building Officials, the International Asso-
ciation of Plumbing and Mechanical Officials, and the National
Electrical Code of the National Fire Protection Association (here-
inafter referred to collectively as "Codes"; and
WHEREAS, Health and Safety Code Section 17958.5 authorizes
the City to make such changes or modifications to the Codes as the
City determines are reasonably necessary because of local climatic,
geological or topographical 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 Building Official and Director of Community
Development have recommended that changes and modifications be made
to the Codes and have advised that certain said changes and modifi-
cations to the Uniform Building Code, 1985 Edition and the Uniform
Plumbing Code, 1985 Edition and National Electrical Code, 1987
Edition, are reasonably necessary due to local conditions in the
City of Tustin and have further advised that the remainder of said
changes and modifications are of an administrative or procedural
nature, or concern themselves with subjects not covered by the
Codes or are reasonably necessary to safeguard life. and property
within the City of Tustin.
NlM, THEREFORE, BE IT 'RESOLVED by the City Council of the
City of Tustin as follows: ..
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Section 1 The following changes and modifications to
the 1985 Edition of the Uniform Building Code as recommended by the
Building Official and Director of Community Development are hereby
found to be reasonably necessary due to the following local condi-
tions for housing.
· A. Section 3202 (b) has been amended to prohibit the use
of untreated non-fire retardant wood materials for roofing due to:
1. Prevailing 'Santa Ana' high winds occurring in the
local region during a substantial part of the year
which contribute to fire spread.
·
Untreated wood roofs, cause
serious fire hazard and to the
when such fires are accompanied
of burning wooden roofs become
carried by the wind to other
spread fire rapidly.
or contribute to the
rapid spread of fires
by high winds. Pieces
flying brands and are
locations and thereby
Section 2 The following addition to the 1985 Edition of
the Uniform Building Code as recommended by the Fire Chief and Fire
'Marshal of the fire department, and the Building Official and
Director of Community Development, is hereby found to be reasonably
necessary due to the following local conditions for housing:
A. Section 3802 (h) of the Uniform Building Code has been
amended to add requirements that all new Group R, Division 1
buildings or structures shall have an approved automatic fire
sprinkler system installed for the following reasons:
i ·
Climatic_Condition: Hot, dry Santa Ana winds are
common to within the City of Tustin and Orange County.
These winds area constitute a contributing factor which
causes small fires originating in high density housing
presently being constructed in the City of Tustin,
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.
·
Geography. and TO.p.o. graphy: Traffic and circulation
congestion presently existing in the City of Tustin
often places fire department response time to fire
occurrences at risk. This condition makes the need for
automatic on-site protection for property occupants
ne ce s sa ry.
·
Geography a_nd Topo_~raphy: 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
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'fire stations and provide manpower sufficient to
concentrate fire companies and personnel to control
fires in high density apartment or condominium
buildings, making the need for on-site automatic fire
sprinkler systems necessary.
.Section 3 The following changes and modifications to
the 1985 Edition of the Uniform Plumbing Code as recommended by the
Building Official and Director of Community Development are hereby
found to be reasonably necessary due to the following local condi-
tions 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
sy st em s.
'.
C. Article 110-5 of the' 1987 Edition of the National
Electrical Code is amended by making copper wire the preferred
material used for wiring No. 6 and small%r.
1. This amendment is considered necessary due to the fact
that improper installation create, s a potenti'al fire
hazard and aluminum wire size No. 6 and smaller re-
quires greater precision and care for proper installa-
tion. 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.
Section 4 Additional amendments have been made to the
Uniform Building Code, 1985 Edition, the Uniform Plumbing Code,
1985 Edition, Uniform Mechanical Code, 1985 Edition, and the
National Electrical Code, 1987 Edition. On the recommendation of
the Building Official and Director of Community Development, such
amendments are hereby found to be either administrative or proce-
dural in nature or to 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 ~ 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 Co uncil of the City of
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Tustin, California, on
ATTEST:
(C256)
8/14/87
City Clerk
this
day of
May or
, 1987.
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ORDINANCE NO. 995
AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF
TUSTIN AMENDING SPECIFIED SECTIONS OF ARTICLE 8 OF
THE TUSTIN CITY CODE ADOPTING 1985 CODES AS THE
BUILDING REGULATIONS OF THE CITY 'OF TUSTIN
The City Council of the City of Tustin does hereby ordain as follows:
.-
Section 1: 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 1985 Uniform Administrative Code
Except as provided in this chapter, that certain administrative
code known and designated as the Uniform Administrative Code, 1985
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 deposited in 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.
8101 Amendment of the 1985 Uniform Administrative Code
The 1985' Uniform Administrative Code is hereby amended as
follows:
(A) Section 104(b) is amended by the addition of a paragraph at the
en~ 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 108 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:
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Ordinance No. 995
Page t~o
®
®
®
e
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"Building Code" - means Article 8102 of this code
as amended. '"
"Electrical Code" - means article 8400 of this
code as amended.
"Plumbing Code" - means Article 8300 of this code
as amended.
"Mechanical Code" - means Article 8200 of thi.~
code as amended. ' ....
"Board of Appeals" - means the Planning
Commission of the City of Tusttn.
(C) Section 202 is amended by adding Subsection (k) to read as
~01 1 Ow ~llil
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, lgd, 836.$, 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
representative shall issue citations for infractions.
(D) Section 205 is amended to read as follows-
Violations. No person shall violate any provision, or fail to
comply with any of the provisions of this Code, or of any Code
adopted herein by reference. Any person violating any of the
provisions or failing to comply with any of the mandatory
requirements of this Code, or any Code adopted by reference
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Ordinance No. 995
Page three
herein, unless otherwise specified in this Code, may be subject
to enforcement action as more specifically set forth in Part 2
of the Tustin City Code, entitled "Penalty Provisions".
Each such person violating any provision or failing to comply
with any of the requirements shall be guilty of a separate
offense, and each day during any portion of which any violation
of any provision of this Code, or any Code adopted by reference
herein, is committed, continued or permitted by such person,
shall constitute a separate offense, and shall be punishable
accordingly. Provided further that each such person violating a
provision which limits the time an act may be Permitted or
continued, each such period or portion thereof of which any
violation of' such provision is committed, continued or permitted
by such person shall constitute a separate Offense, and shall be
punishable accordingly.
In addition to the penalties hereinabove provided, any condition
caused or permitted to exist in violation of any of the
provisions of this Code, or of any Code adopted by reference
herein, 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 is amended by changing subsection (b) and adding
subsections (c), (d), and (e) to read respectively as follows:
(b) (1) The Uniform Administrative Code is amended by deleting
subsection B and E and renumbering the remaining
subsections accordingly, so that building permits are
required for all block/brick walls over 36 inches and
all other fences over 60 inches above grade.
(c) The Building Official shall issue building permits for
construction, demolition, addition, alteration and
installation of required on-site improvements such as, but
not limited to, curbing, walks, stairs, ramps, parking
lots, drainage devices, irrigation systems, lighting
systems, landscaping and incidental light grading (not
requiring a grading permit, Chapter 70). 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.
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Ordinance No. 995
Page four
(d) (1) .Relocation of Building: No butldfng or structure
shall be moved or relocated unless and unttl the
necessary permtts to relocate the butldtng or
structure have been tssued by the Bulldtng Official.
(2) Upon request to relocate a bulldlng or structure, the
Butldtng Offlctal shall collect from the owner or his
representative for an Investigative inspection. The
Buildtng Official shall determine tf the building is
capable in hts judgment of betng moved. In addition,
tf the bulldtng ts to be moved tnto the Ctty, or
relocated within the City, the investigative
inspection shall determine if the building will
satisfy the zoning and building code requirements. He
shall then report in writing, all facts, judgments and
information, to advise the owner or his
representative, the requirements and 'conditions to
relocate the building.
(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, repaired, 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.
(4) If the relocated building or structure would be
unlawful, dangerous or defective and there ts 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 wi th, the tel ocati on permit shal 1 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
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Ordinance No. 995
Page five
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
(gO) 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
building or structure, and dispose of the debris in a
public dump or other action as required of the
Building Official as stated elsewhere. The cash
deposit shall be Two Thousand Five Hundred Dollars
($2,500.00); plus One Dollar and Twenty-five cents
($1.25) per square foot over one thousand (1,000)
square feet. In addition, the valuation of the
improvement permits shall be added to the cash
deposit.
(8) The building relocation permittee shall take out and
maintain during the li'fe of the permit, such public
liability and property damage insurance as shall
protect the City of Tustin, its elective and
appointive boards, officers, agents and employees,
contractors and any subcontractors, from claims for
damages to public and private property, and for
personal injury, including death, resulting from the
operations under the permit for building relocation,
whether such operations are by the permtttee, or by
anyone directly or indirectly employed by the
permtttee. The amounts of said insurance shall be as
follows:
a. Public Liability Insurance. In an amount not
less than Five Hundred Thousand Dollars
($500,000.00) for injuries, including, subject to
the same limit for each person, in an amount not
less than One Million Dollars ($1,000,000.00) on
account of any one occurrence.
b. Property Damage Insurance. In an amount of not
less than Two Hundred Thousand Dollars
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Ordinance No. 995
Page six
($200,000.00) for damage to Ctty 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
Tusttn .and its employees additional tnsureds, and
legal assurance that each carrier will gtve the City
at least thirty (30) days prior written nottce of the
cancellatfon of any poltcy during the effective period
of the permit. The insurance certificate shall be as
prescribed by the Ctty of Tusttn.
(10) Bond Condition. Every cash bond In the amount
determined by the Butldtng Offtctal 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 tn the relocation permit; or tf
no ttme 11mit is specified, within ninety (90)
days after issuance of permit. The time limit
herein specified, or the time limit specified tn
any permit, may be extended for good and
sufficient cause beyond the control of the
permtttee, by the Building Official. No such
extension shall be a release from any cash bond
or Insurance policy. There shall be no
addttt ona 1 extenst on.
(11) Default in Performance.
ae
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
permt tree.
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Ordinance No. 995
Page seven
be
Such notice shall spectfy the' work to be done,
the estimated cost therof, and the period of ttme
deemed by the Butldtng Offtctal to be reasonably
necessary for the completion of such work.
c. After receipt Of such notice, the owner and/or
permittee thereof spectfled shall cause the
required work to be performed. Should the owners
refuse or fat1 therein, the Building Official
shall, with no llabilfty to the Ctty or
employees, proceed by such mode as the Butlding
Offtctal deems convenient to cause the building
to be demolished or completed.
d. Should the building, while being moved, be
wrecked or abandoned tn the publlc 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 publ i c
right-of-way, including demolition.
e. Should the building, while being moved, be
abandoned on public or private property and the
property owner request the Building Official to
remove or dispose of the building, the Building
Official shall endeavor to have the building
owner and/or permtttee move or dispose of the
building. The Butldtng Offtctal 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.
(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
structure have been issued by the Building Official.
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Ordinance No. 995
Page elght
(2) Prior to issuing any permits, in addition to the
requirements of Section 4409 of the Uniform Building
Code, the Building Offtclal 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 petrol tree.
(3) The cash depostt shall be Two Thousand Five Hundred
Oollars ($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 Co. des. 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
permi tree.
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.
Ce
A~ter receipt of such notice, the owner and/or
permtttee thereof specified shall cause the
required work to be performed. Should the owner
refuse or fail therein, the Building Official
shall proceed by suc)l mode as he deems
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Ordinance No'. 995
Page ntne
convenient, to cause the building to be
demolished but no liability shall be incurred
therein, other than for City expenses deducted
from the cash deposit.
d. Upon completion of the demolition work, the cash
deposit shall be refunded, less that portion
required to reimburse the City for demolition,
repairs, or clean-up expenses due to the default
of the permittee.
(F) Section 303 is amended by adding subsection (f) to read
respectively 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.
(G) Section 304 (b) the first paragraph is amended to read as
~611ows~ "
(b) Permit Fees Permit fee schedules for each technical code
adopted byI 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 Tusttn.
(H) Section 304(c) Plan Review Fees is amended to read as follows'
ii
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.
(I) Section 304(e) Investigation Fees - Work without a permit'
ls amended as fS1 lows-
®
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.
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Ordinance No. 995
Page ten
,.. 2. Fee. An Investlgatton fee, in addltlon to the permtt
fee, shall be required and collected whether or not a
perm1 t ts then or subsequently tssued. The
investigation fee shall be equal to the amount of the
6 permtt requt red by th1 s Code. The mi ntmum
Investigation fee shall be tn no case less than sixty
7 dollars ($60.00). The payment of such investigation
fee shall not exempt any person from compliance wtth
8 all of the provisions of either this Code or the
technical codes or from any penalty described by law.
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(J) Section 307(b) is amended to read as follows:
10 'Temporary Connections. The Building Official will authorize
l] energy connection only after all work for the project, as shown
on the approved drawings, is completed as required by
12i' various applicable state laws, ordinances, and codes; and as
required by the City Council, the City Planning Commission, City
13 Planning Agency, the Director of Community Development, the City
Engineer, the Director of Public Works, and/or the Fire Marshal.
14 EXCEPTION- The Building Official may authorize energy
15 connection of the building service equipment only after the
owner or permtttee has made a written request therefore, showing
16 justification for the connections and after all fees and
deposits have been paid, if the Building Official finds that no
17 substantial hazard will result. The cash deposit shall be in
the amount of the valuation of the uncompleted work. Should the
18 work not be completed prior to the date approved by the Building
Official, the Building Official will order the work completed.
19 All of the expenses to the City for completing the work shall be
deducted from this cash deposit.
20
8102 - ADOPTION OF THE 1985 UNIFORM BUILDING CODE AND 1985 UNIFORM BUILDING
21 CODE STANDARDS
22 Except as provided in this chapter, those certain building codes
known and designated as the Uniform Building Code and the Uniform Building
23 Code Standards, 1985 Editions, including the appendix to the Uniform
Building Code published by the International Conference of Building
24 Officials, shall be and become the. building codes of the City for
regulating the erection, construction, enlargement, alteration, repair,
25 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
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Ordinance No. 995
Page eleven
Butldtng Code Standards, has been deposited tn the offtce of the Ctty
Clerk, and shall be at all ttmes maintained by the Ctty Clerk for use and
examtnatton by the pub11 c.
A. Part I. Part I is deleted from the Uniform Building Code.
8103 - AHENDHENTS TO THE UNIFORN BUILDING CODE
A. The 1985 Uniform Building Code is hereby amended as follows:
B. Section 508 is amended to read as follows:
When one-hour fire-resistive construction throughout is required
by this code, an approved automatic sprinkler system, as
specified in Chapter 38, may be substituted, provided such
system ts not otherwise required throughout the building.
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 (Sectio 505[e]).
4. Shaft enclosures (Section 1706).
5. Corridors (Section 3305 [g] and [h]).
6. Stair enclosures (Secti on 3309).
7. Exit passageways (Section 3312[a]).
8. Type of construction separation (Section 1701).
g. Atriums constructed in accordance with Section 1715.
C. Subsection 3202 (b) is amended to read as follows:
(1) Fire Retarding when required.
Roof coverings shall be fire retardant, except for
Occupancy Group M where ordinary roof coverings (as defined
in Section 3203 (f)) may be used.
Skylights shall be constructed as required in Chapter 34.
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Ordinance Ho 995
Page '~el ve
· Penthouses shall be constructed as requ/red in Chapter 36.
For use of plastics in roofs, see Chapter 52.
For Attics; Access and Area, see Section 3205. For Roof
Drainage, see section 3207.
For solar energy col-lectors located above or upon a roof,
see Section !714.
(0) Subsection 3203(f), to read as follows:
(f) Ordinary roof coverin9.
An ordfnary .roof covering shall be any of the followtn§
roofings:
1. Any roof covering listed in Sectton-3203(e).
2. Any built-up roofing assembly not less than Class C
roofing.
3. Any mineral aggregate surface built-up .roof for
application to roof having a slope of not more than
three (3) inches to twelve (12) inches applied as
specified in Section 3203(d)2, consisting of not less
than the 'following:
Base sheet and plles
Three (3) layers of Type 15 organic or inorganic
fiber felt; and
Surfacing materials;
Three hundred (300) pounds per roofing square of
gravel or other approved surfacing material; or
Two hundred fifty (250) pounds per roofing square
of crushed slag in fifty (50) pounds of asphalt;
or
Sixty (60) pounds of pitch.
4. Any prepared roofing not less than Class C roofing.
5. 14ood shtn'gles (treated).
6. t/ood shakes (treated).
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Ordinance No. 995
Page thirteen
EXCEPTION: Notwithstanding the provisions of Section
104(b), hereof, once in any twelve-month period of time,
any existing roof covering may be replaced by the use of in
kind roof covering where the replacement thereof does not
exceed twenty-five (25) percent of the existing gross roof
area.
(E)
Section 3802 (b) is amended by adding subsection 5 to read
respectively as follows:
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.
(F)
Section 3802 is amended by adding subsection (h) to read
respectively as follows:
(h) Group R, Division ! Occupancies. An automatic sprinkler
system shall be installed in Group R, Division
Occupancies.
(G) Section 3804 subsection 2 is amended to read as follows:
®
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 approved automatic
fire-extinguishing systems shall be installed in these
areas when the area is required to be protected by other
sections of this Code.
(H) 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
1985 Edition, Uniform Building Security Code, adopted and
published by the Internatlonal Conference of Building Officials,
of which one copy has been and now is filed in the office of the
City Clerk of the City of Tusttn, are hereby adopted and
incorporated herein as fully as though set forth in full herein,
save and except such portions as are hereinafter deleted,
modified or amended.
(1) Section 4101 is amended as follows: The purpose of this
Code is to establish minimum standards to make all
buildings resistan.t to unlawful entry.
(2) .Section 4102 is amended as follows: The provisions of this
ChaPter Shall apply to openings into all buildings,
including dwelling units within apartment houses of Group
R, Division 1 Occupancies and Group R, Division 3
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Ordinance No. 995
Page fourteen
Occupancies, and to opentngs between attached garages and
dwelltng untts. Except for vehicular access, door openings
in enclosed attached garages shall be tn accordance with
the provisions of thts Chapter.
EXCEPTIONS:
(1) An opentng tn an extertor wall when all porttons of
such openlngs are more than t~elve (12) feet
vertically or six (6) feet horizontally from art
accessible surface of any adjoining yard, court~
passageway, publtc way, walk, breezeway, patto,
planter, porch or stmtlar area.
(2) An opening tn an exterior wall when all portions of
such opentngs are more than t~elve (12) feet
vertically or six (6) feet horizontally from the
surface of any adjoining roof, balcony, landtng, stairr
tread, platform or stmtlar structure or when any'
portion of such surface is itself more than t~elve
(12) feet above an accessible surface.
(3) Any opening tn a roof when all portions of such roof
are more than twelve ([2) feet above an accessible
surface.
(4) Openings where the smaller dimension ts six (6) inches
or less, provided that the closed edge of such
openings is at least thirty-six (36) inches from the
locking device of the door or window assembly.
(5) O'pentngs protected by required ftre door assemblies
havtng a ftre endurance rattng of not less than
forty-five (45) minutes.
(3) Section 4110, Garage Type Doors: Rolling Overhead, Solid
Overhead, Swinging, Sliding or Accordion Style, ts added to
read as follows:
The above described doors shall conform to the following
(3) 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
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Ordinance No. 995
Page ftfteen
shall have a density of not less than five (5) ounces
per square foot.
(4) Overhead doors shall be equipped with bolts which
shall be capable of utilizing padlocks with a minimum
nine-thirty-seconds-inch shackle.
(5) Doors utilizing a cylinder lock shall have a minimum
five-pin tumbler operation with the bolt or locking
bar extending into the receiving guide a minimum of'
one (1) inch.
(6) Doors that exceed sixteen (16) feet in width shal')
have two (2) lockI receiving points, or if the door
does not exceed nineteen (19) feet, a single bolt may
be used if placed in the center of the door with the
locking point located either in the floor or door
frame header.
(7) Slide bolt assemblies shall have a frame a minimum of
..120 inches in thickness, a bolt diameter a minimum of
one-half (1/2) inch and protrude at least one and
one-half (1 1/2) inches into the receiving guide. A
bolt diameter of three eights (3/8) inch may be used
in a residential building.
(8) Slide bolt assemblies shall be attached to the door
with bolts which are nonremovable from the exterior.
Rivets shall not be used to attach such assemblies.
(9) Padlocks used with exterior mounted slide bolts shall
have a hardened steel shackle a minimum of nine
thirty-seconds (9/32) inch in diameter with heel and
tow locking and a minimum five-pin tumbler operation.
The key shall be nonremovable when in an unlocked
position.
(4) Section 4111, Special Residential Building Provisions, is
~dded to read as follows:
The following special provisions shall apply to all
residential dwellings (R-l, R-3 and M-l):
(1) Except for vehicular access doors, all exterior
swinging 'doors of any residential building and
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0rdtnance No. 995
Page stxteen
attached enclosed garages, including the door leading
from the garage area into the dwelling unit, shall be
equipped as follows:
a. All wood doors shall be of solid core
construction with a minimum thickness of one and
three-fourths (1 3/4) inches, or with panels not
less than nine-sixteenths (9/16) of an inch
thtck.
b. A slngle or double door shall be equipped with a
double or single cylinder deadbolt having a
minimum protection of one (!) inch and an
embedment of at least three-fourths (3/4) inch
into the strike receiving the bolt. The bolt
shall be constructed so as to resist cutting tool
attacks. The cylinder shall have a cylinder
guard, a minimum of five (5) pin tumblers, and
shall be connected to the inner portions of the
lock by connecting screws of at least one-fourth
(~l/4) of an inch in-diameter. (The provisions of
the preceding paragraph do not apply where panic
hard, are is required or an equivalent device is
approved by the enforcing authority. Further, a
dual locking mechanism, constructed so that both
the deadbolt and latch can be retracted by a
single action of the .~nstde door knob or lever,
may be substltuted provided it meets all other
specifications for locking devices.)
c. The inactive leaf on metal frame double doors
shall be equipped with flush bolts having a
minimum protection of five-eighths (5/8) of an
inch at the top and bottom of the leaf. On wood
frame double doors, the projection shall be a
minimum of one (1) inch.
de
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.
eo
All front exte'rtor doors shall be equipped with a
wide angle (one hundred eighty [180] degrees)
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Ordinance No', 995
Page seventeen
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
vehicles. The numerals shall be no less than
three (3) inches in height and shall be of a
contrasting color to the background to which they
are attached and illuminated during hours of
darkness.
b. There shall be positioned at each entrance of
each R-! occupancy complex 'an illuminated
dlagraphtc 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.
(3)
Lighting in R-1 type occupancies shall be as follows:
a.
Aisles, passageways and recesses related to and
within the building complex shall be illuminated
with an intensity of at least twenty-five
hundredths (.25) of a footcandle at the ground
level during the hours of darkness. Lighting
devices shall be protected by weather and
vandalt sm rest stant covers.
be
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.
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Ordinance No. 995
Page etghteen
.
(c) Each residential unit of R-1 type occupancies
shall have an enclosed parking space with a
garage door equipped as in Section 4[06 of this
Chapter.
Section 4112, Special Commercial Building Provisions other
than Ty~e R-l, R-3 and M-l, is added to read as follows'
The following special provisions shall apply to commercial
buildings:
(A) All exterior swinging doors shall be equipped with a
double or single cylinder deadbolt. The bolt shal'l
have a minimum projection of one (1) inch and will
have an embedment of at least three-quarters (3/4) of
an inch into the strike receiving the bolt. The bolt
shall be constructed so as to resist cutting tool
attacks. The cylinder shall have a cylinder guard, a
minimum of five (5) pin tumblers and shall be
connected to the inner portion of the lock by
connecting screws of at least one-quarter-inch
diameter. (The provisions of the preceding paragraph
do not apply where panic hardware is required or an
equivalent device is approved by the enforcing
authori ry. )
(B) Wood doors shall be of solid core construction and
have a minimum thickness of not less than one and
three-fourths (1 3/4) inches.
(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 ts 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 (5/8) of an inch at the top and bottom
of the leaf. On wood frame doors, the projection
shall be a minimum of one (1) inch.
(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
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Ordinance No' 995
- Page nineteen
shall be a minimum of two (2) inches wi de and extend a
mtnlmum of one (1) inch beyond the edge of the door to
whtch it ts attached. The astragal shall be attached
to the outside of the acttve door by welding or
nonremovable bolts spaced apart on not more than
ten-t rich 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. Fully tempered glass or rated burglary resistant
glazing; or
.
.
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 ($) inches apart and
secured on the inside of the building; or
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 wlndows if such windows
are required to be openable by this Code.
(G) Aluminum frame swinging doors shall conform to the
following:
The jamb shall be so constructed or protected to
withstand sixteen hundred (1600) pounds of
pressure in both a vertical distance of three (3)
inches and a horizontal distance of one (1) inch
each side of the strike, so as to provide
violation of the strike.
o
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.
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Ordinance No. 995
Page twenty
(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
constructed of steel .125 inches thick which
shall be welded or attached wi th nonremovable
bolts to the outside of the door. The astragal
shall extend a minimum of two (2) inches wide and
extend a minimum of one (1) inch beyond the edge
of the door; or
3. Double doors containing panic hardware shall have
an astragal attached to the doors at their
meeting point which will close the opening
between them but not interfere with the operation
of either door.
(J) Extertor transoms or windows shall be deemed
accessible if less than twelve (12) feet above ground
or adjacent to any pedestrian walkway. Accessible
windows and transoms not visible from a public or
private 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
®
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
0
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 wi th
bolts which'are nonremovable from the exterior.
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Ordinance No' 995
Page t~enty-one
Items 1. and 2. above shall not Interfere wi th
the operation of windows tf such windows are
requtred to be operable by thts Code. The bars
or grillwork shall be capable of qutck opening
fFom the tnstde only.
(K) All hatchway opentngs on the roof of any building used
for bustness purposes shall be secured as follows:
.
If the hatchway Is of wooden matertal it shall be
covered on the tnside wtth a mtntmum
sixteen-gauge sheet metal or its equivalent,
attached wtth screws.
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.
Outside hinges on ail 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:
.
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
Iron or steel grills having a minimum thickness
of one-eighth-inch, a mesh of net not more than
one-inch, and secured by bolts which are
nonremovable from the exterior.
.
The above must not interfere with any venting
requirements.
(M) Permanently affixed ladders leading'to roofs shall be
covered wi th 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
!
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Ordinance 'No. 995
Page. ~wenty-~wo
(6)
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
nonremovable 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.
(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)
footcandle 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.
.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" is a secondary locking
system added to the primary locking system to provide
addi ti onal security.
C.
"Bolt" is a metal bar which, when actuated, is
projected (or thrown) either horizontally or
vertically into a retaining member, such as a strike
plate, to pr'event a door from moving or opening.
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Ordinance No. 995
Page t~en'ty three
"Part" as distinguished from component, is a unit for
subassembly, which combines with other units to make
up a component.
"Primary Locking Device" is the slngle locklng 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
mechanism.
"Solid Core Door" means a door composed of solid wood
constructi on.
"Stile" is a verticle framing member of a window or
door. A meeting stile is one which mates with a stile
of another sash or a vertical framing member of a door
or window frame when the sash is in the closed
position.
I®
"Strike" is a metal plate attached to or mortised into
a door jamb to receive and to hold a projected latch
bolt and/or deadbolt in order to secure the door to
the jamb.
"Swinging Door" means a door hinged at the stile or at
the head and threshold.
Ke
"U.L. Listed" means tested and listed by Underwriters'
Laboratories, I nc.
®
Section 4114, Keying Requirements, is added to Chapter 41
to read as follows:
Upon occupancy by the owner or proprietor, each single unit
in a tract or commercial development, constructed under the
same general plan, shall have locks using combinations
which are interchange free from locks used in all other
separate dwellings, proprietorships or similar distinct
occupancies. This is intended to prohibit master keying.
I. Chapter 51 of the Appendix, Section 5110; Permits-Certificate of
Inspection, is amended to read as follows-
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Ordinance No. 995
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a. Permits Required. It shall be unlawful to hereafter
install any new elevator, moving walk, escalator, or
dumbwaiter, to make major alterations to any existing
elevator, dumbwaiter, escalator or moving walk without
having first obtained a permit for such installation from
the State of California Division of Industrial Safety.
Permits shall not be required for maintenance or minor
alterations. (See: ANSI Code, Part XII).
b. Certificates of Inspection Required. It shall be unlawful
to operate any elevator, dumbwaiter, escalator or moving
walk without a current certificate of inspection issued by
the State of California Department of Industrial Safety.
Such certificate shall be issued annually upon payment of
prescribed fees and the presentation of a valid inspection
report indicating the th~ conveyance is safe and that the
inspection was made within the previous six (6) months.
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 dwelltnglunit.
c. Application for Permits. Application for a permit to
install shall be made on forms provided by the State of
California Division of Industrial Safety and the permit
· shall be issued to an owner upon payment of prescribed
permtt 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 8113.
J. Chapter 51 of the Appendix, Section 5113, Requirements for
Opera ti on and Maintenance, is amended by amending Section
~13(b) and (e). 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.
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O'rdtnance No. 995
Page twenty fl ve
!nspectlons and tests shall be made as required by Part X
of the ANS! 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.
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Chapter 51 of the Appendix, Section 5114, Unsafe Conditions, is
a~nended to read as follows:
.............
When an inspection reveals an unsafe condition, the inspector
for the State of California Division of Industrial Safety shall
t~nedtately 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 DJ'vision 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
renmved only by the State Inspector when he is satisfied that
the unsafe conditions have been corrected.
8105 ADOPTION OF STATE HISTORICAL BUILDING CODE
The State of California, California Administrative Code, 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 Tusttn, 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 101S, North Highlands, California, gS660, one copy of the code
has been deposited 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 an~n~ed
to read as ~ollows-
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Ordinance No. 995
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CHAPTER 2
HECHANICAL CODE
8200 ADOPTION OF 1985 UNIFORFt HECHANICAL CODE
Except as provtded tn thts chapter, that certain Mechanical Code
known and designated as the Uniform Mechanical Code, [985 Edition,
published by the International Conference of Butldtng Officials and the
Tnternattonal Association of Plumbing and Mechanical Officials, shall be
and become the Mechanical Code of the Ctty, regulating and controlling the
design, construction, installation, quality of materials, location,
operation and maintenance of heattng, ventilating, cooling, refrigeration
systems, Incinerators and other miscellaneous heat producing appliances,
One copy of the Untform Mechanical Code has been deposited tn the office of
the Ctty Clerk and shall be at all ttmes maintained by the City Clerk for
use and examination by the public.
8201 AHENDFIENT$ TO THE UNIFORM HECHANICAL CODE
The 1985 Uniform Mechanical Code is hereby amended as follows:
Part I: Part I is deleted from the Uniform Mechanical Code.
31 Section 3: Chapter 3 of Article 8 of the Tusttn City Code is amended
to read as follows:
CHAPTER 3
PLUMBING CODE
8300 ADOPTION OF 1985 UNIFORlq PLUMBING CODE
Except as provided in this chapter, that certain plumbing code known
and designated as the Uniform Plumbing Code, 1985 Edition, including the
appendix to the Uniform Plumbing Code, published by the Internationa-1
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 deposited
in the office of the City Clerk and shall be at all times maintained by the
City Clerk for use and examination by the public.
8301 AHENDHE~S TO THE UNIFORFt PLUMBING CODE
The 1985 Uniform Plumbing Code is hereby amended as follows:
(A) Part I. Part I is deleted from the Uniform Plumbing Code.
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Ordinance No' 995
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(B) Sectton 315 ts amended by adding a new subsection (g) to read as
'~ follows'
(G) All earth within the City of Tustin is corrosive, unless
the permtttee proves to the satisfaction of the Building
Officlal the specific earth is not corrosive to the
plumbing, piping, fittings, fixtures and/or equipment for
installation to contact with or buried in the ground.
Steel or galvanized steel shall be protected by at least
double spiral wrapping, half overlapping with [0 mi'i
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: '.
Section 1004(a) Materials
a) Water pipe and fttttngs shall be of brass, copper, cast
iron galvanized malleable 1ton, galvanized wrought 1ton,
galvanized steel or other approved materials. CPVC, PB,
PE, or PVC water ptpe manufactured to recognized standards
may be used for cold water distribution Systems outside a
building. All materials used tn the water supply system,
except valves and similar devices shall be of a 11ke
material, except where otherwise approved by .the
Admt nt stra ttve Author1 ry.
8302 - ADOPTION OF 1985 UNIFORM SOLAR ENERGY CODE
For the purpose of prescribing regulations for the erection,
construction, enlargement, alteration, repair, moving, removal,
conversion, demolition, occupancy, equipment, use, height and area of
building structures, all of the provisions of the [985 Edition of the
Uniform Solar Energy Code including the appendix thereto, adopted and
publlshed by the International Association of Plumbing and Mechanical
Officials. One copy of the code has been deposited in the office of
the City Clerk, and shall be at all times maintained by the City
Clerk for use and examination by the people.
8303 AMENDMENTS TO 1tIE UNIFORM SOLAR ENERGY CODE
The 1985 Uniform Solar Energy Code is hereby amended as follows'
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Ordinance No" 995
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(A) Part I. Part I ts deleted from the Uniform Solar Energy Code.
(B) Section 305 ts amended by adding a new subsection (g) to read as
imlm III Illl II
fol lows:
g) All earth within the City of Tusttn ts corrosive, unless
the permltee proves to the satisfaction of the Building
Official the specific earth ts not corrosive to the
plumbing, piping, fittings, fixtures and/or equipment for
installation tn contact with or buried tn 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.
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Section 4:. Chapter 4 of Article 8 of the Tustin City Code ts amended
to read as follows'
CHAPTER 4
ELECTRICAL CODE
8400 ADOPTION OF 1987 NATIONAL ELECTRIC CODE
Except as provided in this chapter, that certain electrical code
known and designated as the National Electrical Code, 1987 Edition,
published by the National Fire Protection Association, shall be and become
the Electrical Code of the City, regulating all installation, arrangement,
alteration, repair, use and other operation of electrical wiring,
connections, f.ixtures and other electrical appliances on premises within
the City. One copy of the National Electrical Code has been deposited 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 1987 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-l, B'"-3 and M-1 occupancies, relocated buildings and
structures shall conform to the requirements of this code as if
tt were a new building or structure.
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Ordinance No. 995
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Article 90-10 Revocations and Suspensions. The Building Official
may susperild or revoke any ~lectrical I'permtt. for any of the
following reasons:
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If any reason is found to exist which would have been
cause for dental of such permit.
Any material misrepresentation or falsity in the
application upon which said permit was issued.
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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
jurisdiction that may be related to or appertain to the
sections in this Code pertaining to electricity.
Article 90-11 Inspections an'd Corrections. Upon completion of
the work which has been authorized by issuance of any permit,
except an annual pern~it, it shall be the duty of the person,
firm, or corporation installing the same, to notify the Building
Official who shall inspect the installation as soon thereafter
as practicable. If, upon inspection, the installation is not
found to be in conformity with the provisions of this Code, the
Building Official shall notify the person, firm or corporation
making the installation, stating the defects which have been
found to exist. All defects shall be corrected within ten (10)
days after inspection and notification, o~ within other
reasonable time as permitted by the Building Official. No
electrical installation shall be energized until inspected and
approved by the Bull ding Official.
Article g0-12 Approval of Equipment. All appliances and
equipme6t shall'lilt'eL 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 s~mbol 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.
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Ordinance No. 995
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Arttcle llO-S is amended by adding a second paragraph to read as
follows:
Conductors shall be of copper. Copper wtre shall be the
preferred material used for wiring No. 6 and smaller in all
Installation. Consideration for use 'of alumtnum wtrtng can be
made by the Butldtng Official on an individual case basis where
adequate safety measures can be ensured.
Article 210-1 is amended by adding the following two paragraphs
~o' rea d:
(a) Accessory uses or other buildings, signs, etc.,
separately located on the same lot or premises, shall have
connecting conductors run underground.
(b) Where spare circuit protective devices are provided, or
space for future circuit protective devices' are provided on
the bus in any flush or semtflush mounted panel, then
raceways of sufficient capacity to permit uti'lizatton of
such spaces or spaces shall be provided to an approved
accessible location. Such accessible location is defined
as follows: Where sufficient' attic space is available or
under floor space is available, a raceway shall terminate
conveniently for future use in each such space. Where this
condition does not exist, then such terminations shall be
approved by the Building Official.
(c) Class R-l, R-3 and M-1 occUpancies are exempt from the
requirements of the above two subsections, 210-1(a) and
(b).
Article 230-43 is hereby amended by deleting the section and
substituting the following to read:
Except for Class R-l, R-3 and M-1 occupancies, wiring methods
for 600 volts or less. Service-entrance conductors extending
along the exterior or entering buildings or other structures,
shall be enclosed in rigid, conduit; or, for circuits not
exceeding 600 volts, in wireways, auxiliary gutter, or as
busways.
Article 250-91(a) is hereby amended by deleting the section and
substituting the following to read:
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Ordinance No' 995
Page thirty one
(a) Grounding Electrode Conductor. The grounding
electrode conductor shall be of copper. The material
selected shall be resistant to any corrosive condition
existing at the installation, or shall be suitably
protected against corrosion. The conductor shall be solid
or stranded, insulated, covered or bare, and shall be
installed tn one continuous length without a splice or
joint.
Article 300-6(b).is amended by adding the following paragraph:
All earth within the City of Tustin is corrosive, unless the
permtttee 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.
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
Uti I i ti es Commt ssi on.
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Ordlnance No. 995
Page tht rty two
(d) Where practical difficulties or unnecessary hardships
inconsistent with the provisions of this chapter result from its literal
interpretation or enforcement, the Planning Commission may waive, modify,
or delay the application of any undergroundtng 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
tn support.
(e) If the Planning-Commission's action is to delay the installation
of required undergroundtng 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 bedelayed. The amount of the cash deposit shall be
determined by the Building Official.
8500 ADOPT]ON OF THE 1985 UNIFORM SWIHHING 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,
1985 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, .r. epatr, 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
deposited 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 SWIPIHING POOL, SPAS AND HOT TUB CODE
The current 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 Waste Water Disposal. No direct or indirect connection
~hall be made between any storm drain, sewer, drainage system,
seepage pit, underground leaching pit, or subsoil drainage line, and
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Ordinance No. 995
Page thtrty three
any line connected to a swimming pool, unless approved by the
Building Official.
Waste water from any ftlter, scum ftlter, scum gutter, overflow,
pool emptytng 11ne or stmtlar apparatus or appurtenance shall
discharge into an approved type receptor and subsequently into a
public sewer. The flood level rtm of such receptor shall be at least
stx (6) 1riches above the flood level of the adjacent ground. Each
such receptor, when permitted to be connected to any part of a
dratnage system shall be provided wtth an approved three (3) 1rich
trap.
Plans and specifications for any deviation from the above manner of
Installation, shall ftrst be approved by the Butldtng Offtcfal before
any portton of any such system is Installed.
Sectton 320 - The following sectton ts hereby added to the Untform
Swtmmtng Pool Code to read as follows:
.
Every swimming pool, hot tub/spa or other out-of-doors body of
water, havtng a depth tn excess of etthteen (18) inches, shall
matntaln in good condition an enclosure or fence not less than
ftve ($) feet tn hetght above the adjacent extertor grade. Such
fence or wall shall be constructed and maintained with no opentng
nor projections whtch could serve as a means to scale same.
Verttcal opentngs shall be no wlder than four (4) tnches, and
horizontal members accessible from the exterior, shall be
sufficient dtstance from any structure, shrubbery or grade so as
to restrtct scaltng.
.
All enclosures and gates shall extend to within two (2) inches of
firm soil or within four (4) inches of pavement.
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Gates and door. s opening through such enclosures shall be
self-closing and self-latching with release at least four (4)
feet above exterior grade, or .so located on the pool side as to
prevent release from the exterior. Access through the gate or
door from outside the pool enclosure shall be by key only.
.
Access from a public street to the front door of any
single-family dwelling unit shall not be obstructed by a pool
enclosure.
.
Except for single-family residences, the fence or walls shall be
so located so 'there will be no access from any dwelling unit into
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Ordinance No. 995
Page thtrty four
the pool enclosure. The fence or walls shall serve to isolate
the pool from other activities or structures, and shall be
located within fifty (50) 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 u'sed as part of such pool enclosure
when within the specified distance of the pool.
£XCEPT[ONS: When approved by the Dtrector of Community
De-velopment, such enclosures may include sunshade, toilet or
shower structures which are used only in conjunction with the
pool. Access through an accessory recreation buildlng may be
permitted through a lockable door with a sign above door,
one-tnch letters wtth contrasting background, "Lock Door When
Pool Is Not In Use."
Any lights used to illuminate any swimming pool enclosure shall
be so arranged and shaded as to reflect light away from any
adjoining premises.
s.e.ctton 32111Construction Requirements is added to read as follows-
(1) All pool construction shall be in conformance with engineered
design for expansive soils, unless a soils report by a registered
engineer approved by the Building Official indicates otherwise.
(2) The pool shall be constructed not less than seven (7) feet from
the top of a cut, fill or natural earth slope, less than five (5)
feet from~toe of a cut, fill or natural earth slope not less than
five (5) feet from the property line (measured from water line).
(3) 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 guntte, 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
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Ordinance No. 995
Page thirty five
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strength, the special inspector may require core tests to be
taken upon approval of the Building Official. Special inspectors
shall submit to the Building Official a written report showing
the dates of inspection, and the result of the laboratory tests.
This report shall indicate the reinforcing steel is per the
· approved drawings and per Chapter 26, UBC, expansive sot1 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.
Section 322 - Clean-Up Bond is added. The Building.Official shall
p~ior to issuing a per~it for a swimming pool require clean-up bonds
as follows:
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 ($1500.00) for the construction
of a swimming pool or other construction related thereto
requiring the use of heavy equipment.
(2) Said agreement and bond may be reduced to not less than five
hundred dollars ($S00.00) for the issuance of a spa, jacuzzi, and
other small pool permit not intended for swimming, when in the
-determination of the Building Official the scope of the project
will have a minimal impact on public improvements; by reason of
not requiring the use of heavy construction equipment over curbs,
sidewalks or public streets.
(3) Said bond shall terminate and be returnable to the applicant at
the time and provided that a) debris and other materials have
been properly removed, b) the public property has been left clean
and undamaged.
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.
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Ordinance No. 995
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G)
H)
A letter stattng that excess dtrt, debris, trash and other
materials from the pool construction have been dtsposed of at the
Orange County dtsposal station or other authorized location, must
be delivered to the Building-Official by the permittee prior to
preplaster tnspectlon.
(4) If the publtc property has not been left tn a clean and undamaged
condition and/or adequate barricades requtred by the Ctty
Engtneer have not been Installed and maintained, the City shall
cause the necessary work to be done and shall deduct the cost
thereof from the bond.
Sectton 323 Publlc Encroachment Materials on Publlc Property. The
Butldtng Of'ftcla-1 'shall advt'se at permtt Issuance, and he shall
enforce the requirement of tht s Sectton by stop order t f necessary,
the following:
Construction materials, debrts, trash containers (dumpsters), and
other non-vehicle materials shall not be deposited on publfc property
wtthout the wrttten approval of the Ctt¥ Engtneer and only under such
conditions as he may tmpose. Any barrlcadtng requtred by the City
Engtneer shall be provtded by the contractor at hts expense.
Section .324 Modification of Requirements, is added to'read as follows'
(1) 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
conditions to ensure ultimate compliance with the spirit of this
Section in the event of a change of conditions.
(2) 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 or possible future adjacent on-site or off-site
dwelling window and/or covered patio. This provision is to
attenuate noise to a reasonable level.
(3) 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 the property
line, four (4) feet from a window or door, ten (10) feet from an
HVAC air intake, window, greenhouse or patio (on or off-site) and
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Ordinance No~ 995
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ten (10) feet from off-stte senstttve (to products of combustion)
plants. The heater shall be Installed wfth clearance as ltsted
by the Amertcan Gas Association or Underwrtter's Laboratories.
Sectton 6: Chapter 6 of Arttcle 8 of the Tusttn Ctty Code ts amended to
read as follows-
CHAPTER 6
8600 ADOPTION OF 1985 UNIFORM SIGN CODE
For the purpose of prescrtbfng regulations for the erection,
construction, enlargement, alteration, repatr, movtng, removal, conversion,
demolition, occupancy, equipment, use, hetght and area of bu~ldfng
structures, all of the provisions of the 1976 edttton of the Un~form Stgn
Code Including the appendtx thereto, adopted and published by the
International Conference of Butldtng Officials. One copy Of the Untform
Stgn Code has been deposited tn the offtce of the Ctty Clerk and .shall be
at all ttmes maintained by the Ctty Clerk for use and examination by the
publtc.
8601 CONFLICTS #I'[~ ARTICLE 9400, SIGNING CODE
Nothtng tn thts Arttcle 8600 shall be construed to be tn confltct wtth
Article 9400, Stgntng Code, Tust~n Ctty Code and guidelines and standards
"regarding" "the character of st gns and st gn structure " The
· ® s eel
" . ts to provide
purpose of Arttcle 8600., Stgn Code, Tusttn C~ty Code, ...
mtntmum standards to safeguard ltfe, health, property and publtc welfare by
regulating and controlling the destgn, quality of materials, construction,
location, electrification and mafntenance of all sfgns and s~gn structures
not wtthtn a building." Any conflicts between Arttcle 9400 and Article 8,
Butldtng Regulations, Tusttn Ctty Code, regarding enforcement of adopted
codes and amendments, the provisions and requirements of Article 8 shall
govern.
Sectton 6: Chapter 7 of Arttcle 8 of the Tustfn Ctty code ts amended to
read as follows:
CHAPTER 7
8700 UNIFORM HOUSING CODE ADOPTED
Except as provtded ~n thts chapter, that certain housqng code known
and desJgnated as the Un~form Houstng Code, 1985 EdJt~on, publJshed by the
InternatJonal Conference of BuJld~ng OffJctals, shall become the Housing
Code of the Clty, regulating and controllJng the use and occupancy,
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Ordinance No. 995
Page thtrty etght
location and maintenance of all residential buildings and structures wtthln
thts Ctty. One copy of the Untform Houstng Code has been deposited tn the
offtce of the City Clerk and shall be at all times maintained by the Cfty
Clerk for use and examination by the publtc.
Sectton 8 of Arttcle 8 of the Tusttn City Code ts amended to read as
follows:
CHAPTER 8
8800 ADOPTION OF 1985 UNIFORN CODE FOR THE ABATENENT OF DANGEROUS BUILDINGS
Except as otherwise provided in this Chapter, that certatn butldtng
code known and designated as the Untform* Code for the Abatement of
Dangerous Buildings, 1985 Edttton, .publfshed by the Internatlonal
Conference of Building Officials, shall be and become the Code of the Ctty.
for the Abatement of Dangerous Buildings; providing for a just, equitable
and practical method, to be cumulative wtth and tn addttton to, any other
remedtes provtded by the Buildtng Code, Houslng Code, or otherwise
available at law, whereby buildings or structures whtch from any cause
endanger the ltfe, llmb, health, morals, property, safety or welfare of the
general publtc or thetr occupants, may be requested to be repaired, vacated
or demolished. One copy of the Uniform Code for the Abatement of Oangerous
Buildings has been deposited tn the office of the Clty Clerk, and shall be
at all ttmes maintained by the City Clerk for use and examination by the
pub 1 t c.
8801 ANENI)MENTS TO THE UNIFORN CODE FOR THE ABATEFtENT OF DANGEROUS
BUILDINGS
The 1985 Edttton of the Untform Code for the Abatement of Dangerous
Butldlngs ts amended as follows:
(a) Sectton 801(a). Subsection (a) of Sectton 801 is-amended to read
~s foliows: '
(a) Procedure. When any work of repatr or demolition ts 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.
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Ordinance No. 995
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(b) Section 802(a). Subsection (a) of Section 802 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
jurisdiction in doing or causing to be done the necessary
work of repair or demolition of dangerous buildings.
(c) Section 901 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 demolition
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 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 Section 902 of 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 shal.1
fix a time, date and place for hearing said report, and any
protests or objections thereto. The clerk of this jurisdiction
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.
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Ordinance No' 995
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(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 tinm. set for the hearing, and no
other protests or objections shall be considered.
(f)
Section 904 is amended to read as follows:
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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,
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.
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Ordinance No.. 995
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The Ctty Clerk shall certtfy to the passage and adoption of thts
Ordinance by the City Counctl of the City of Tusttn and shall, wtthfn
ftfteen (15) days after 1ts ftnal passage, cause the same to be
published once in the Tusttn News, a newspaper of general' circulation
whtch is hereby designated for that purpose and thts ordinance shall
take effect thtrty (30) days after its passage.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tusttn, held on the day of , 198 .
RICHARD B. EDGAR,
Mayor
MARY E.II WiFNN
City Clerk