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HomeMy WebLinkAboutORD 1344 (2007)ORDINANCE NO. 1344 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING SPECIFIED CHAPTERS OF ARTICLE 8 OF THE TUSTIN CITY CODE TO ADOPT THE 2007 EDITIONS OF THE CALIFORNIA CODES AND RELATED MODEL CODES WITH APPENDICES AND AMENDMENTS THERETO The City Council of the City of Tustin does ordain as follows: Section 1 Sections 8100, 8101, 8102, 8103 and 8105 of Chapter 1 of Article 8 of the Tustin City Code are hereby repealed in their entirety, and new Sections 8100, 8101, 8102, 8103 and 8105 of Chapter 1 of Article 8 are hereby added in place thereof to read as follows: 8100 ADOPTION OF THE 2007 CALIFORNIA BUILDING CODE APPENDIX CHAPTER 1 Except as provided in this chapter, Appendix Chapter 1 of the California Building Code 2007 Edition, based on the 2006 International Building Code as published by the International Code Council, shall be and become the administrative code of the City, providing for the administration and enforcement of the technical codes adopted by the City. The 2007 California Building Code will be on file for public examination in the Community Development Department. 8101 Amendment of the 2007 Edition of the Appendix Chapter 1 of the California Building Code The Appendix Chapter 1 of the 2007 California Building Code is hereby amended as follows: (a) Section 101.2 Scope, of Appendix Chapter 1 of the California Building Code is amended to add a new second and third paragraph to read: "The provisions of these codes shall apply to and affect all of the territory of the City of Tustin, except work located primarily in a public way; public utility towers and poles; mechanical equipment not specifically regulated in these codes; hydraulic flood control structures; facilities for the production, generation, storage or transmission of water or electrical energy by a local agency; and as exempted by the Tustin Municipal Codes and Ordinances. All Section numbers in this code shall be renumber with an A preceding the section numbers" (b) Section A101.2 of Appendix Chapter 1 of the California Building Code is amended to delete the Exception to 101.2. (c) Section A103.1 of Appendix Chapter 1 of the 2007 California Building Code is Ordinance No. 1344 Page 2 amended to add the following sentences to read: "Where referred to by this code, "building official" shall mean the Building Official of the City of Tustin, and "Department of Building and Safety" or "department" shall mean the Building Division of the Community Development Department of the City of Tustin. Any and all classification, title changes, organizational changes are made with respect to approvals thereto by the City Council." (d) Section A104.6 of Appendix Chapter 1 of the 2007 California Building Code is amended to add a second paragraph to read: "When the Building Official or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care, of control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this code." (e) Appendix Chapter 1 of the 2007 California Building Code is amended to add Section A104.12 to read: "A104.12 Emergency Abatement Authority 1. Authority. Whenever the Building Official determines that an imminent life safety hazard exists that requires immediate correction or elimination, the Building Official may exercise any or all of the following powers: a. Order the immediate vacation of any occupants and prohibit occupancy until all repairs are completed. b. Post the premises as unsafe, substandard or dangerous. c. Board, fence or secure the building or site. d. Raze and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public. e. Make minimal emergency repairs as necessary to eliminate any imminent life safety hazard. f. Cause any dangerous water, electrical, gas or plumbing connections to be disconnected. g. Take any other action as appropriate under the circumstances. h. Recover the costs of these actions from the property owner. Ordinance No. 1344 Page 3 2. Procedures. The Building Official shall comply with the following emergency abatement procedures: a. In determining the existence of an imminent life safety hazard, the Building Official shall conduct an inspection of the hazard and issue a brief written report identifying the nature, scope and condition of the hazard. b. The Building Official shall give notice, setting forth the imminent life safety hazard found, to the owner, occupant, other responsible person or authorized representative of the building, structure or site upon which the hazardous condition exists. If the Building Official determines that, under the circumstances, notice cannot be given or is impractical, correction or abatement of the hazard can be commenced without prior notice. c. The level of correction or abatement as necessary to eliminate the immediacy of the hazard shall be determined by the Building Official. d. Correction or abatement of the imminent life safety hazard shall be accomplished by the Public Works Department or building maintenance resources of the City, whenever possible. e. The Building Official may also pursue any administrative or judicial remedy to abate any remaining public nuisance. (f) Section A105.1 of Appendix Chapter 1 of the 2007 California Building Code is amended to add Section A105.1.3, A105.1.4, A105.1.5 and A105.1.6 to read: "A105.1.3 Grading and Private Improvement Permits. The Building Official shall issue permits for grading of private property and for construction, demolition, addition, alteration, and installation of improvements on private property. Private improvements subject to permit requirements include: streets, parking lots, curb and gutter, driveways, sidewalks, disabled access ramps and signage, street and parking lot striping and signage, street and parking lot lighting, storm drains, junction structures, catch basins, sewer mains and laterals, water mains and services, landscaping irrigation, and miscellaneous on-site improvements as determined by the Building Officia! and shall comply with Chapter 9 of the Tustin City Code. A105.1.4 Relocation of Buildings. No building or structure shall be moved or relocated unless and until the necessary permits to relocate the building or structure have been issued by the Building Official. A report shall be prepared by a design professional registered in the state of California to demonstrate that the structure will comply with Section 3408 of the Building Code. This report shall include an analysis of the applicable Building Code provisions and supporting engineering data based on the condition of the Ordinance No. 1344 Page 4 structure and the site. Upon request to relocate a building or structure and the submittal of the report, the Building Official shall collect engineering fees from the owner, agent or representative for an investigative engineering review and inspection as established by resolution of the City Council. The Building Official shall determine if the report comply with the Codes. In addition, if the building is to be moved into the City, or relocated within the City, the investigative review and inspection shall determine if the building will comply with the zoning and building code requirements. The Building Official shall report in writing, all facts, judgments and information, to advise the owner/representative, the requirements and conditions to relocate the building. A permit to relocate the building shall be issued to a Building Moving contractor, (C-21) license. The relocation permit shall include, grading, building, electrical, plumbing and mechanical permits, as necessary, and 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, or repaired to place the relocated building in such conditions that it conforms to the requirements of the state ordinances, and the City Building and Zoning Codes. If the relocated building or structure would be unlawful, dangerous or defective and there is no practical remedy or correction which can effectively be made in the judgment of the Building Official, or the Building Official's conditions have not been complied with, the relocation permit shall be denied. The Building Official shall, in issuing any relocation permit, impose therein such terms and conditions including a cash bond deposit or surety bond, as may be necessary to ensure compliance with the requirements of all state laws, City ordinances and of the City Building and Zoning Codes. The terms and conditions upon which each permit is granted shall be specified in writing in the permit, or appended in writing thereto. Prior to permit issuance, a refundable cash deposit shall be collected. The cash deposit is determined by valuation of the project. The cash deposit shall be Five Thousand Dollars ($5,000.00); plus Two Dollars ($2.00) per square foot over one thousand (1,000} square feet. In addition, the valuation of the improvement permits shall be added to the cash deposit. The cash deposit will compensate the City for the Building Official to demolish and dispose of the building or structure if job is abandoned or to mitigate water quality violation per Tustin City Code Section 4900. The building relocation permittee shall take out and maintain during the life of the permit, such public liability and property damage insurance as shall protect the City of Tustin, its elective and appointive boards, officers, agents and employees, contractors and any subcontractors, from claims for damages to public and private property, and for personal injury, including death, resulting from the operations under the permit for building relocation, whether such operations are by the permittee, or by anyone directly or indirectly employed by the permittee. The amounts of said insurance shall be as follows: Ordinance No. 1344 Page 5 a. Public Liability Insurance. In an amount not less than Five Hundred Thousand Dollars ($500,000.00) for injuries, including, subject to the same limit for each person, in an amount not less than One Million Dollars ($1,000,000.00) on account of any one occurrence. b. Property Damage Insurance. In an amount of not less than Two Hundred Thousand Dollars ($200,000.00) for damage to City property, or the property of each person on account of any one occurrence. The contractor shall furnish satisfactory proof of carriage of the insurance required, a certificate of insurance by the insurance carrier naming the City of Tustin and its employees as additional insured, and legal assurance that each carrier will give the City at least thirty (30) days prior written notice of the cancellation of any policy during the effective period of the permit. The insurance certificate shall be as prescribed by the City of Tustin. Bond Condition. Every cash bond or surety bond in the amount determined by the Building Official deposited pursuant to this Section shall be conditioned as follows: a. That each and all of the terms and conditions of the relocation permit shall be completed as approved by the Building Official. b. That all of the work required to be done pursuant to the conditions of the relocation permit, shall be fully performed and completed within the time limit specified in the relocation permit; or if no time limit is specified, within ninety (90) days after issuance of permit. The time limit herein specified, or the time limit specified in any permit, may be extended for good and sufficient cause beyond the control of the permittee, by the Building Official. No such extension shall be a release from any cash bond or insurance policy. Default in Performance. a. If the Building Official finds that a default has occurred in the performance of any term or condition of any permit, written notice (certified mail, return receipt requested) thereof shall be given to the owner and/or permittee. b. Such notice shall specify the work to be done, the estimated cost thereof, and the period of time deemed to be reasonably necessary for the completion of such work. c. After receipt of such notice, the owner and/or permittee thereof specified shall cause the required work to be performed. Should the owners refuse or fail therein, the Building Official shall, with no liability to the City or its employees, proceed by such method to cause the building to be demolished or completed. d. Should the building, while being moved, be deemed abandoned in the public right-of--way and to be dangerous to the public, the Building Official shall, with no liability to the City or its employees, proceed to cause the building to be removed from the public right-of-way, including demolition. Ordinance No. 1344 Page 6 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 permittee move or dispose of the building. The Building Officia! shall, after reasonable time (but no less than thirty (30) days), and with no liability to the City or its employees proceed to cause the budding to be demolished or the required work to be performed and completed." A105.1.5 Demolition of Building or Structure, including in ground swimming pool. No building or structure, including in ground swimming pool, shall be demolished unless and until the necessary permits to demolish the building or structure have been issued by the Building Official. Prior to issuing any permits, the Building Official will ensure life and property is reasonably protected. A refundable cash deposit or surety bond shall be collected, to reimburse the expenses to the City should the Building Official be required to demolish the building or structure or any portion remaining thereof, and dispose of the debris in a public dump and/or to repair or clean public property damaged or not cleaned by the permittee or to mitigate water quality violation per Tustin City Code Section 4900. The cash deposit or surety bond shall be Five Thousand Dollars ($5,000.00) plus Two Dollars ($2.00) per square foot for each square foot over one thousand (1,000) square feet. The Building Official shall, in issuing any demolition permit, impose therein such terms and conditions, including a cash bond deposit or surety bond, as may be necessary to ensure compliance with the requirements of all federal, state laws and City ordinances. The terms and conditions upon which each permit is granted shall be specified in writing in the permit, or appended in writing thereto. Default in Performance a. If the Building Official finds that a default has occurred in the performance of any term or condition of the demolition permit, or has soiled or damaged public property, written notice thereof shall be given to the owner and/or permittee. b. Such notice shall specify the work to be done, the estimated cost thereof, and the period of time deemed by the Building Official to be reasonably necessary for the completion of such work. c. After receipt of such notice, the owner and/or permittee thereof specified shall cause the required work to be performed. Should the owner refuse or fail therein, the Building Official shall proceed to cause the building to be demolished but no liability shall be incurred therein, other than for City expenses deducted from the cash deposit. d. Upon completion of the demolition work, the cash deposit shall be refunded Ordinance No. 1344 Page 7 or surety bond shall be released, less that portion required to reimburse the City for demolition, repairs, or clean-up expenses due to the default of the permittee. A105.1.6 Permit exemption. Permits are required for installations described in all codes adopted by reference unless specifically exempted by these codes or by the Building Official for proper cause on an individual case basis after consideration of all circumstances and facts presented. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction." (g) Section A105.2 of Appendix Chapter 1 of the 2007 California Building Code, is modified as follows: 1. Amend Section A105.2 Building item 1 to read: "1. One story detached accessory structures used as tool and storage sheds, patio and pool supply sheds, free standing vehicle covers, BBQ or stand-alone fireplaces not exceeding 6 feet above grade, playhouses and simila2 uses, provided the floor area does not exceed 120 square feet (1.1 m) and conforming with the Zoning Code. A correctly dimensioned site plan depicting the property lines, location, elevation, colors and finishing surface shall be submitted to the City Planning Division for review and approval. Electrical, plumbing, mechanical, plumbing and grading permits where applicable are not exempt." 2. Amend Section A105.2 Building item 2 to read: "2. Fences, block walls, wood, steel, or iron fences 3 feet and over in height but less than 6 feet above finished grade supported by natural grade, or retaining walls 2 feet and over in height above finished grade. A correctly dimensioned site plan depicting the property lines, location, elevation, color and finishing surface shall be submitted to the City Planning Division for review and approval. A no-inspection building permit will be issued upon approval and permit issuance fee only shall apply." 3. Amend Section A105.2 Building item 11 to read: "11. Swings and other playground equipment. Exemptions from permit requirements of this code for playground equipment shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other state laws or ordinances of this jurisdiction and equipment is subject to City review and approval when otherwise required by state or local laws, regulations or standards." Ordinance No. 1344 Page 8 4. Amend Section A105.2 Plumbing item 2 to read: " 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, nor the removal and reinstallation or replacement of water closets, sinks, garbage disposals or dishwashers, provided such work does not involve or require the replacement or rearrangement of valves, pipes or fixtures and is in conformance with this code and applicable state laws." (h) Section 105.3.2 of Appendix Chapter 1 of the 2007 California Building Code is deleted and amended to read: "A105.3.2 Time limitation of application. Applications for a permit for any proposed work for which no permit is issued shall be deemed to have expired 360 days after the date of filing unless otherwise limited by the Code. The Building Official is authorized to grant one extension of time for action by the applicant for a period not exceeding 180 days. The extension shall be requested in writing and justifiable cause demonstrated. Plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. When required by state law or City ordinance, permit applications shall be amended to comply with pertinent state laws and City ordinances adopted subsequent to the date of application. Time limitation for permit application and subsequent extension as the result of code enforcement cases shalt be thirty (30) days from the date the notice of violation is issued or otherwise determined by the Building Official. Building Official may not grant any extension. A105.3.2.1 Time limitation for existing applications. Applications for a permit for any proposed work submitted after September 1, 2007 and before January 1, 2008 shall be subject to the time limitations of application and other provisions set forth in Section A105.3.2." (i) Section A105.5 of Appendix Chapter 1 of the 2007 California Building Code is amended to add a sentence and the end of the paragraph and second paragraph to read: "Permits shall not be extended more than twice. Time limitation for permit as the result of code enforcement cases shall be thirty (30) days or otherwise determined by the Building Official. Building Official may not grant any extension." (j) Section A105.7 of Appendix Chapter 1 of the 2007 California Building Code is amended to read: Ordinance No. 1344 Page 9 "A105.7 Placement of permit and Inspection record card. The building permit or copy and the inspection record card shall be kept on site and maintained available by the permit holder until final approval has been granted by the Building Official." (k) Appendix Chapter 1 of the 2007 California Building Code is amended to add Section 105.8 to read: "A105.8 Dwelling remodeling. The following regulations and definitions shall apply to ail remodeling construction on dwellings and properties: 1. Completion of construction. All building permits for residential remodeling shall expire in accordance with the provisions of the building code if work is not commenced within one hundred eighty (180) days from the date of such permit, or if the work authorized by permit is suspended or abandoned, for one hundred eighty (180) days at any time after the work is commenced. Notwithstanding the above, and subject to the provisions for extensions provided in subsection 2 below, all residential remodeling shall be completed by the owner, owner's agent, or the permittee and approved by the City within the following time frame: a. Room additions (exterior of buildings and property area) 18 months b. Pools/spas 12 months c. Patio covers 6 months d. Water heaters, water softeners 6 months e. Fireplaces fi months f. Skylights 6 months g. All other remodeling or building air conditioners 6 months 2. Extensions. Upon written request of the owner or permittee, the Building Official and/or his/her designated representative may extend the period for completion of construction in writing for a period not to exceed one hundred eighty (180) days. The written request must demonstrate that (1) due to circumstances beyond the owner's or permittee's control, construction could not be completed in the one-year construction period; (2) that reasonable progress has been made; (3) that the condition of the property presents no health or safety hazard; and (4) that the continued delay will not create any unreasonable visual or physical detriment to the neighborhood. The decision of the Building Official may be appealed to the City Council by any person who owns property or resides within three hundred (300) feet of the boundaries of the subject property. Ordinance No. 1344 Page 10 Any extension beyond one hundred eighty (180) days must be approved by the Planning Commission. The Planning Commission's decision regarding approval or denial of the application for additional extension shall be based upon the applicant's ability to demonstrate the same factors required for the initial extension of the building construction period. 3. Maintenance of property during remodeling. During remodeling, all property shall be maintained in a reasonable clean and well-kept manner. All lumber and building materials shall be neatly piled or stacked in a safe manner and store in the rear yard of the residential property or inside of the building construction perimeter except that building materials may be stored in a front yard for a period not to exceed thirty (30) days. Properties shall be secured by fencing when the Building Official determines fencing is necessary for public safety and welfare. Exterior walls and roofs of buildings shall be covered with finished materials, in accordance with City-approved plans and the Building Code within six (6) months from the commencement of construction. A written waiver of this requirement may be obtained from the Building Official if the construction is screened from view from adjacent occupied or public property with fencing materials approved by city zoning and building regulations. 4. Definitions. a. Remodeling. "Residential remodeling construction" is defined as construction of work which constitutes construction, enlargement, alteration, erection, repair, demolition or improvement, of an existing residential structure or other improvement located on residential property. b. Reasonable progress. "Reasonable progress" shall mean a demonstration that all means reasonably available to the permittee to complete the work within the prescribed time have been exhausted." (I) Appendix Chapter 1 of the 2007 California Building Code is amended to add Section A105.9 to read: "A105.9 Change of contractor or of ownership. A permit issued hereunder shall expire upon a change of ownership or a change of contractor for the building, structure or grading for which said permit was issued if the work thereon has not been completed, and a new permit shall be required for the completion of the work. If no changes have been made to the plans or specifications last submitted to the Building Official, a permit issuance fee as set forth in the City's fee resolution shall be charged to the permit applicant. If changes to the plans or specifications have been made, the Building Official shall determine appropriate permit and plan check fees in accordance with the City's fee resolution." Ordinance No. 1344 Page 11 (m) Appendix Chapter 1 of the 2007 California Building~Code is amended to add Section A105.10 to read: "A105.10 Subcontractors. At the time of permit issuance, the applicant shall complete a form provided by the Building Division, which lists all subcon#ractors, and shows verification of workers' compensation insurance, State contractor license and license category, City business license and Federal tax identification number. No person shall contract orsub-contract construction work without a valid contractor's license pursuant to applicable provisions of the State of 2007 California Business and Professions Code. In the event that the applicant cannot provide a complete list of valid subcontractors at the time of permit issuance, the applicant shall provide to the City, within a reasonable period of time after award of each permit. Failure to provide timely valid and current sub-contractor listings shall result in the permit applicant paying a penalty for default to the City in an amount equal to the original permit fee for each sub-contractor violation in order to defray City costs of enforcement of this section. Failure to remit penalty payment shall constitute a violation of this code, punishable as a misdemeanor under the City charter." (n) Section A106.1.2 of Appendix Chapter 1 of the 2007 California Building Code is deleted and amended to read: "A106.1.2 Means of egress. The construction documents shall show in sufficien# detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In Group A occupancies, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces." (o) Section A108.2 of Appendix Chapter 1 of the 2007 California Building Code is deleted and amended to read: "A108.2 Schedule of plan check and permit fees. A fee for each building, electrical, plumbing, mechanical or grading permit shall be paid as established by City Council resolution in effect at the time of issuance of the permit. A108.2.1 Permit fees. The fee for each permit shall be as set forth in the fee schedule established by City Council resolution in effect at the time of issuance of the permit. A108.2.2 Plan check fees. When submittal documents are required by 2007 California Building Code Appendix Chapter 1 Section A106.1, a plan check fee shall be paid at the time of submitting the documents for plan check. Said plan check fees shall be as set forth in the fee schedule established by City Council resolution in effect at the time of plan check submittal. Ordinance No. 1344 Page 12 The plan check fees specified in this section are separate fees from the permit fees specified in Section A108.2.1 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review, or when the project involves deferred submittal items as defined in Section A106.3.4.2, an additional plan check fee shall be charged as set forth in the fee schedule established by the City Council resolution in effect at the time of the additional or defined plan check submittal. A108.2.3 Engineering or inspection investigation fees. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, the Building Official may require an investigation by city's planning, engineering and inspection staff be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued for city's cost of investigation by planners, engineers, and inspectors. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code, or the technical codes nor from the penalty prescribed by law. A real estate investigation fee, as set by the City Council resolution, may also be charged for any investigation of a building, structure, or property, when approved by the Building Official and requested by an owner or authorized agent of such owner." (p) Section A108.3 of Appendix Chapter 1 of the 2007 California Building Code is deleted and amended to read: "A108.3 Building permit valuations. The determination of value or valuation under any of the provisions of these codes shall be made as set forth in the fee schedule established by City Council resolution in effect at the time of plan check submittal. The value to be used in computing the building permit and building plan check fees shall be the total value of all construction work, including materials and labor, for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire- extinguishing systems and other permanent equipment. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Final building permit valuation shall be set by the Building Official based on the current edition of the Marshall Valuation Service published by Marshall & Swift/Boeckh, LLC., RS Means Cost Data published by Reed Construction Data, or other nationally recognized standards." (q) Section A108.6 of Appendix Chapter 1 of the 2007 California Building Code is deleted and amended to read: Ordinance No. 1344 Page 13 "A108.6 Refunds. The Building Official may authorize refunding of a fee paid hereunder which was erroneously paid or collected. The Building Official may authorize refunding not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The Building Official may authorize refunding of not more than 80 percent of the plan check fee paid when an application for a permit for which a plan check fee has been paid is withdrawn or canceled before any examination time has been expended. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the permittee not later than 360 days after the date of fee payment or as otherwise required by law." (r) Section A109.1 of Appendix Chapter 1 of the 2007 California Building Code is amended by adding Section A109.1.1 to read: "A109.1.1 Structural tests, special inspections and structural observation. Structural tests, special inspections and structural observation shall comply with the provisions of Chapter 17 of the Building Code." (s) Section A109.3 of Appendix Chapter 1 of the 2007 California Building Code is amended to read: "A109.3 Required inspections. The building official, upon notification, shall make the inspections set forth in this Section. A109.3.1 Pre-Construction Inspection. Apre-construction inspection shall be conducted prior to start of construction for all projects involving new buildings and additions to non-residential structures unless waived by the Building Official. A109.3.2 Grading, excavation and filling inspection. Inspection shall be conducted during earthwork, excavations, grading and filling operations to satisfy requirements of Chapter 18 and Appendix J of the California Building Code, Tustin City Code Grading and Excavation Chapter, and the Grading Manual and in accordance with Section 1704.7 of the Building Code. A109.3.3 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. Ordinance No. 1344 Page 14 A109.3.4 Concrete slab and under-floor inspection. Concrete slab and under- floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. A109.3.5 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official. A109.3.6 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. A109.3.7 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception: Gypsum board that is not part of afire-resistance-rated assembly or a shear assembly. A109.3.8 Fire-resistant penetrations. Protection of joints and penetrations in fire resistance-rated assemblies shall not be concealed from view until inspected and approved. A109.3.9 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HVAC and water-heating equipment efficiency. A109.3.10 Other inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety. A109.3.11 Special inspections and special inspectors. For special inspections, see Section 1704. Special Inspection shall be performed by individuals with demonstrated qualifications approved by the Building Official and listed by the Building Division. A109.3.12 Final inspection. The final inspection shall be made after all work Ordinance No. 1344 Page 15 required by the building permit is completed." (t) Section A110.1 of Appendix Chapter 1 of the 2007 California Building Code is amended by the addition of the second paragraph to read: "A change in the use or occupancy of any existing building or structure shall comply with the provisions of Section 3406 of the Building Code." (u) Section A112.1 of Appendix Chapter 1 of the 2007 California Building Code is deleted and amended to read: "A112.1 General. The Board of Appeals for the City of Tustin shall consist of five members, comprised of members of the Planning Commission. Said members shall hold their respective membership on said Board of Appeals by reason of, and concurrently with their terms of service as Planning Commissioners and shall cease to be such members upon their ceasing to be such Commissioners. The Building Official shall be the Secretary of the Board. The Board of Appeals may adopt reasonable rules and regulations for conducting its investigations and shall render its decisions and findings on contested matters, in writing to the Building Official, with a duplicate copy thereof to any appellant or contestant affected by any such decision or findings, and may recommend to the City Council such new legislation, if any, as is consistent therewith. Three members of the Board of Appeals shall consti#ute a quorum. The Chairperson of the Planning Commission shall be the presiding officer of the Board and in the Chairpersons' absence the Vice Chairperson of the Commission shall serve as the presiding officer. Notices of meetings of the Board of Appeals shall be given by at least three days notice delivered to each member personally or by registered mail; provided, however, that any meeting of the Board of Appeals shall be legal for any purpose if the written consent of all of the members of the Board of Appeals to such meeting is executed and filed in the records of the Board of Appeals. The Board of Appeals shall hold meetings at its pleasure. The Board of Appeals shall have the right, subject to such limits as the Building Official may prescribe, to employ at the cost and expense of the City, such qualified individuals as the Board of Appeals, in its discretion, may deem reasonably necessary to assist in its investigations and in making findings acid decisions." The Board of Appeals shall render decisions by majority vote in response to city staff reports.. Minutes of all proceedings shall be maintained by City staff. All Board of Appeals decisions and findings shall be transmitted in writing to the appellant. The Building Official shall maintain a full set of records for each case. A112.1.1 Application. Applicants for a hearing before the Board of Appeals shall pay a fee in the amount set by City Council resolution prior to administrative Ordinance No. 1344 Page 16 processing for any proceedings. The applicant shall complete the established City application form for an appeals hearing along with submittal of required fees. Applicants for a Board of Appeals hearing shall be notified at least one (1) week prior to any hearing or proceedings concerning their case. The applicant shall be given the opportunity to present hislher case at any proceedings involving their applications." (v) Section A112.2 of Appendix Chapter 1 of the 2007 California Building Code is deleted and amended to read: "A112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority relative to interpretation of the administrative provisions of this code or to waive requirements of this code." (w) Section A113.1 of Appendix Chapter 1 of the 2007 California Building Code is deleted and amended to read: "A113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of the codes and ordinances adopted by the City of Tustin." (x) Section A113.4 of Appendix Chapter 1 of the 2007 California Building Code is deleted and amended to read: "A113.4 Violation Penalties. No person, firm, or corporation shall violate any provision, or fail to comply with any of the provisions of this Code, or of any Code adopted herein by reference. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, or any Code adopted by reference herein, unless otherwise specified in this Code, shall be guilty of an infraction or misdemeanor as set forth in Part 2 of Chapter 1 of Article 1 of the Tustin City Code, entitled Penalty Provisions. Each such person, firm, or corporation violating any provision or failing to comply with any of the requirements shall be guilty of a separate offense, and each day during any portion of which any violation of any provision of this Code, or any Code adopted by reference herein, is committed, continued or permitted by such person, shall constitute a separate offense, and shall be punishable accordingly. Provided further that each such person violating a provision which limits the time an act may be permitted or continued, each such period or portion thereof of which any violation of such provision is committed, continued or permitted by such person shall constitute a separate offense, and shall be punishable accordingly. Ordinance No. 1344 Page 17 In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code, or of any Code adopted by reference herein, may be deemed a public nuisance and may be summarily abated as such by the City, and each day such condition continues shall be regarded as a new and separate nuisance and offense." (y) Sections A115.1, A115.2, A115.3, A115.4 and A115.5 of Appendix Chapter 1 of the 2007 California Building Code are deleted and amended, and Sections 115.6 through 115.11 are added to read: "A115.1 Unsafe buildings, structures, equipment and nuisances. All buildings, structures or existing equipment which are structurally unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, specified in statute, are, obsolescence, fire hazard or abandonment, as this division or in any other effective ordinance or for the purpose of this section, unsafe buildings, structures or equipment and constitute an unsafe condition. All such unsafe conditions or buildings or structures or equipment are hereby declared to be public nuisances and may be abated by repair, rehabilitation, improvement, removal, demolition, in whole or part, in accordance with the procedures specified in this section or by any other legal means. A115.2 Inspection. The Building Official shall examine or cause to be examined every building or structure or equipment or portion thereof or other condition reported as unsafe, dangerous, damaged or otherwise constituting a hazard as set forth in the Tustin City Code enforced by the Building Division. Said inspection shall be conducted in accordance with the provisions of Tustin City Code, other applicable statutes, and the ordinances, rules and regulations of State of California and City of Tustin. A115.3 Notice of defects; time and place of hearing. In any case where this section is made applicable by reference, or if any building or structure or equipment, in whole or part, is found to be an unsafe building, structure or equipment as defined in this section, the Building Official shall give notice setting forth the defects found to the owner, other responsible person or authorized representative, hereinafter referred to as "owner," of such building or structure or equipment. The notice shall set forth the right of the owner to be present at the hearing, at the owner's option, and introduce such relevant evidence on the issues as the owner desires. The notice shall also set forth the requirements of commencement and completion of work and the effect of failure to do so as set forth in this Code. Ordinance No. 1344 Page 18 A115.4 Time and place of hearing; evidence. The notice shall set forth the time and place a hearing shall be had before the Building Official at the time and place so specified. Evidence shall be submitted as to the facts of any such defects as to reasonably establish their existence and shall be made available to the building owner prior to the hearing: the Building Official shall determine whether the facts so established constitute an unsafe building or structure or equipment; and evidence may further be submitted as to the repairs, rehabilitation, improvements or demolition considered necessary to correct said defects. A115.5 Order, finality, appeal. 1. At the hearing and upon the determination of the existence of defects, the Building Official shall determine whether such defects as defined by Section A115.1 are subject to repair, rehabilitation or improvement or whether they are part of such nature as to require removal or demolition of apart of or the whole of any such building or structure or equipment; and he shall order such repairs, rehabilitation, improvements or demolition as is considered necessary in the case. 2. The determination and order may be made orally at the hearing and shall be written and transmitted to the owner within a reasonable time; the determination and order shall become final within ten (10) working daysfrom the time it is first rendered, or in the event that the owner was not present at the hearing, within ten (10) working days of the mailing of the order at the last-known address of said owner, responsible party or representative, whichever first occurs. 3. Appeal. The owner may, at any time prior to the determination and order becoming final as heretofore set forth, appeal the decision of the Building Official to the Planning Commission of the City of Tustin. The Building Official shall set a time and place therefore and hold a hearing and shall thereupon make a determination and order affirming, reversing or modifying the determination and order of the Building Official as the Planning Commission may deem proper. The order of the Planning Commission shall be immediately final. A115.6 Commencement and completion of work. The owner shall, upon the expiration of ten, (10) working daysfollowing the finality of the determination and order of the Building Official (or, if appealed the determination and order of the Planning Commission of the City of Tustin) commence the repairs, rehabilitation, improvements, removal or demolition ordered; and such work shall be completed within ninety (90} days from the commencement thereof, or sooner if so ordered by the Building Official or upon order on appeal. Ordinance No. 1344 Page 19 A115.7 Failure of commencement of work. If the owner neglects or fails to commence, within the time provided therefore, activity and the corrective work deemed necessary and as ordered, the Building Official may cause the ordered repairs, rehabilitation or improvements to be performed forthwith; and the cost thereof maybe a charge and expense against the owner personally and collectible by an action at law, or initiate legal action allowed by law to gain compliance. A115.8 Right to demolish. In case the owner shall fail, neglect or refuse to comply with the notice or order to remove or demolish said building or structure or portion thereof, the Appeals Board of the City of Tustin may order the Building Official to proceed with the work specified in the notice or order. A statement of the cost of such work shall be transmitted to the City Council, who shall cause the same to be paid and levied as a special assessment against the property or collected by any other available legal means. The Building Official may apply to the City Council for an order under this subsection to proceed with the work specified in subsection G above when such work is not deemed by him to require emergency action. A115.9 Incurred costs. Costs incurred under subsections G and H shall be paid by the City, but shall be charged to the owner of the premises involved. The Building Official may apply to the City Council to cause the costs for such work specified in subsection G, and shall make such application for costs incurred under subsection H, to be paid and levied as a special assessment against the property and collected in the manner provided for special assessments or by any other legal means. A115.10 Vacation of premises, posting of signs. If necessary, the notice shall require the building or structure or portion thereof or other site to be vacated forthwith, and within the time specified, in the interest of immediate public safety pending the finality of any determination and order. The Building Official shall cause to be posted at each entrance to such building a notice containing at least the following: UNSAFE TO OCCUPY DO NOT ENTER BUILDING DIVISION Date Posted Said notice may also contain the date, time and place of the hearing and tl7e name, address and telephone number of the office or Building Official where additional information may be obtained. Ordinance No. 1344 Page 20 Such notices shall remain posted until the corrected conditions, required repairs, rehabilitation, improvements, removal or demolition are completed and a certificate of occupancy is issued as set forth in this Code. Such posted notices shall not be removed without written permission of the Building Official, and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building. A115.11 Service of Notices. The notices by this section may be served either: 1. By delivering a copy to the owner or authorized representative as designated on papers, applications or permits on file with the Building Official, personally; or 2. If either or both be absent from the place of residence or from usual or designated place of business, if known, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy by certified mail, return receipt requested, addressed to the owner or authorized representative at his place of residence; or 3. If such place of residence and business cannot be ascertained or a person of suitable age and discretion there cannot be found, then by affixing a copy in a conspicuous place on the property, building or structure, and also delivering a copy to a person there residing, if any or to the person in charge, if any; and, also sending a copy by certified mail, return receipt requested, addressed to the owner at the place where the property, building or structure is situated or to the owner at the last-known or designated address, or both." (z) Transportation System Improvement Development Fee: 1. In addition to any other changes or improvement requirements, there shall be a special fee required as a condition precedent to the issuance of certain building permits for construction or improvement on those properties lying at least partially within any portion of the City designated by resolution of the City Council as a Transportation System Improvement Program Area. 2. The Building Official shall require the payment of a special fee in the amount established and regulated by resolution of the City Council within a Transportation System Improvement Program Area before a building permit will be issued when an application for a building permit indicates the following: a. A construction or improvement project which will result in a new building or structure, or an increase in floor area on a parcel of land Ordinance No. 1344 Page 21 which lies wholly or partially within the boundaries of a Transportation Improvement Program Area; and b. The estimated cost of the proposed construction or improvement, as determined by the Building Official will exceed thirty thousand dollars ($30,000) For purposes of this section the valuation per square foot shall not exceed that listed in the latest edition of "Building Standards Magazine" containing a building valuation data chart. 3. The following construction and improvement projects are specifically excluded from the requirements of the section. a. Construction of single-family residential units and accessory structures. b. Tenant improvements and maintenance work which will not increase the floor area of existing structures. c. Off-street parking facilities. d. Any construction or improvements as to which a development fee may not lawfully be imposed by State law. 4. Any resolution of the City Council establishing a Transportation System Improvement Program Area shall have affixed thereto a map specifically describing the boundary of such Transportation Improvement Program Area and shall be on file in the office of the City Clerk. 5. The purpose of a Transportation System Improvement Area Plan is to identify and designate those areas where the transportation system may experience a significant reduction in the level of service unless corrected measures are instituted concurrent with increased transportation demands. Fees collected for building projects and improvements on properties in Transportation Systems Improvement Program Areas shall be used to improve the area-wide transportation system within such area, except said fees may be expended for improvements outside the area when such improvements will substantially benefit the transportation system within the area. 6. All monies received from fees collected pursuant to section 8101 (k)2 for permits issued within a Transportation System Improvement Authority upon direction of the City Manager pursuant to the provisions of the Joint Exercise of Powers Agreement between the City of Tustin and the City of Santa Ana creating the Tustin-Santa Ana Transportation System Ordinance No. 1344 Page 22 Improvement Authority. (Ord. No. needs update) 8102 ADOPTION OF THE 2007 CALIFORNIA BUILDING CODE Except as provided in this chapter, those certain building codes known and designated as the California Building Code 2007 Edition including Chapter 16A Section 1614A.1.12 and Appendix J based on the 2006 International Building Code as published by the International Code Council, shall become the building code of the City for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the City. The California Building Code and its appendix will be on file for public examination in the office of the Building Official. 8103 AMENDMENTS TO THE CALIFORNIA BUILDING CODE The 2007 California Building Code is hereby amended as follows: (a) Section 202 of the 2007 California Building Code is amended by adding and modifying. the following definitions to read: "FLOOR AREA, FIRE SPRINKLER. For the purpose of calculating square footage for application of fire sprinkler requirements, the floor area shall be determined in accordance with the CBC definition for "Floor Area, Gross". For Group R-3 occupancies portions of the structure not required to be protected by the automatic sprinkler system do not need to be included into the floor area calculation." "HIGH-RISE BUILDING. 2. "High-rise structure" means every building of any type of construction or occupancy having floors used for human occupancy located more than 55 feet (16764 mm) above the lowest floor level having building access. (See Section 413.1.2), except buildings used as hospitals as defined in Health & Safety Code Section 1250." (b) Sections 403.10.2 and 403.11.1 of the 2007 California Building Code are deleted and amended to read: "403.10.2 Standby power loads. The following are classified as standby power loads: 1. Power and lighting for the fire command center required by Section 403.8; 2. Electrically powered fire pumps 3. Standby power shall be provided for elevators in accordance with Sections 1007.4 and 3003. 403.11.1 Emergency power loads. The following are classified as emergency power loads: Ordinance No. 1344 Page 23 1. Exit signs and means of egress illumination required by Chapter 10; 2. Elevator car lighting; 3. Emergency voice/alarm communications systems; 4. Automatic fire detection systems; and 5. Fire alarm systems. 6. Ventilation and automatic fire detection equipment for smokeproof enclosures." (c) Section 412.5.1 of the 2007 California Building Code is amended by adding the following definition to read: "EMERGENCY HELICOPTER LANDING FACILITY (EHLF). A landing area on the roof of a high-rise building that is not intended to function as a helicopter or helistop but is capable of accommodating fire or medical helicopters engaged in emergency operations, in accordance with California Fire Code Section 1108. " (d) Section 506.4.1 of the 2007 California Building Code is deleted in their entirety and amended to read: "506.4.1 Mixed occupancies. In buildings with mixed occupancies, the allowable area per story (Aa} shall be based on the most restrictive provisions for each occupancy when the mixed occupancies are treated according to Section 508.3.2. When the occupancies are treated according to Section 508.3.3 as separated occupancies, the maximum total building area shall be such that the sum of the ratios for each such area on all floors as calculated according to Section 508.3.3.2 shall comply with the following: 1. The sum shall not exceed 2 for two-story buildings or higher." (e) Chapter 9 of the 2007 California Building Code is amended to require additional fire sprinkler provisions as follows: 1. Section 903.2 is hereby deleted and amended to read: "903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section as follows: A. New buildings or structures: In addition to the requirements of section 903.2.1 through 903.2.13, approved automatic sprinkler systems in new buildings and structures shall be provided when the gross area of the building exceeds 5,000 square feet or more than two-stories in height. Exceptions: 1. Group R Detached one and two family dwellings and townhouses as required by section 903.2.7. 2. Subject to approval by the fire code official, spaces or areas in telecommunications buildings used exclusively for Ordinance No. 1344 Page 24 telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of not less than 1-hour fire- resistance-rated walls and 2-hour fire-resistance-rated floor/ ceiling assemblies. 3. Subject to approval by the fire code official, open parking garages in accordance with Section 406.3. B. Alterations to existing non-sprinklered non-residential buildings or structures: Approved automatic sprinkler systems shall be provided throughout existing non-sprinklered buildings and structures when the floor area of alterations wi#hin any two-year period exceeds 75% of area of the existing structure and the alteration includes structural modifications other than seismic upgrades. C. Additions to existing non-sprinklered buildings or structures: Approved automatic sprinkler systems shall be provided throughout the entire building or structure when the gross floor area of the existing building or structure and addition exceeds 6,000 square feet and the addition is greater than 1,000 square feet in gross floor area." 2. Section 903.2.7 is hereby deleted and amended to read: "903.2.7. Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. An automatic sprinkler system shall be installed throughout any existing building when the floor area of alterations within any two year period exceeds 50% of gross floor area of the existing structure and the building gross floor area exceeds 5,500 square feet. When the cost of installing an approved automatic sprinkler system exceeds 5% of the cost of the alteration, subject to the approval of the fire code official, the required automatic sprinkler system may be omitted. Exceptions: 1. Detached buildings containing two or less dwelling units and less than 5,500 square feet (279 m2} including attached U-occupancy garages. 2. Group R-3.1 occupancies not housing bedridden clients, not housing nonambulatory clients above the second floor, and less than 5,500 square feet. 3. Pursuant to Health and Safety Code Section 13113 occupancies housing ambulatory children only, none of whom are mentally ill or Ordinance No. 1344 Page 25 mentally retarded, and building or portions thereof housing such children are not more than two stories in height, and thereof housing such children have an automatic fire alarm system activated by approved smoke detectors. ~ . 4. Pursuant to Health and Safety Code Section 13143.6 occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is elderly (65 years of age or over)." 3. Section 903.3.1.1.1 Exception 4 is hereby deleted. 4. Section 903.4 Exceptions are hereby deleted and amended to read: "Exceptions: 1. Automatic sprinkler systems protecting one- and two-family dwellings protected by NFPA ~3D sprinkler system with less than 100 sprinklers. 2. Limited area systems serving fewer than 20 sprinklers. 3. (deleted) 4. Jockey pump control valves that are sealed or locked in the open position. 5. (deleted) 6. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position. 7. Trim valves to pressure switches in dry, preaction and deluge sprinkler systems that are sealed or locked in the open position." 5. Section 905.4 is amended by adding items 7 and 8 to read: "7. The centerline of the 2.5" outlet shall be no less than 18" above and no more than 24" above the finished floor. 8. Every new building with any horizontal dimensions greater than 300 feet (91,440 mm) shall be provided with either access doors or a 2.5" outlets so that all portions of the building can be reached with 150 feet (45,720) of hose from an access door or hose outlet. Required access doors shall be located in the exterior of the building and shall be accessible without the use of a ladder. The door dimensions shall be not less than 3 feet (914 mm) in width, and not less than 6 feet 8 inches (2032 mm) in height." 6. Section 907.2.12 is deleted and amended to read: "907.2.12 High-rise buildings. High-rise buildings with a floor used for human occupancy located more than 55 feet (16764 mm) above the lowest level of fire department vehicle access shall be provided with an Ordinance No. 1344 Page 26 automatic fire alarm system and an emergency voice/alarm communication system in accordance with Section 907.2.12.2. Exceptions: 1. Airport traffic control towers in accordance with Section 907.2.22 and Section 412 of the California Building Code. 2. Open parking garages in accordance with Section 406.3 of the California Building Code. 3. Buildings with an occupancy in Group A-5 in accordance with Section 303.1 of the California Building Code. 4. Low-hazard special occupancies in accordance with Section 503.1.1 of the California Building Code. 5. Buildings with an occupancy in Group H-1, H-2 or H-3 in accordance with Section 415 of the California Building Code." 7. Section 907.2.12.1 is deleted and amended to read: "907.2.12.1 Automatic fire detection. Smoke detectors shall be provided in accordance with this section. Smoke detectors shall be connected to an automatic fire alarm system. The activation of any detector required by this section shall operate the emergency voice/alarm communication system. Duct smoke detectors shall operate as specified in Section 907.12. Smoke detectors shall be located as follows: 1. In each mechanical equipment, electrical, transformer, telephone equipment or similar room which is not provided with sprinkler protection, elevator machine rooms, and in elevator lobbies. 2. In the main return air and exhaust air plenum of each air-conditioning system having a capacity greater than 2,000 cubic feet per minute (cfm) (0.94 m Is). Such detectors shall be located in a serviceable area downstream of the last duct inlet. 3. At each connection to a vertical duct or riser serving two or more stories from a return air duct or plenum of an air-conditioning system. In Group R-1 and R-2 occupancies, a listed smoke detector is allowed to be used in each return-air riser carrying not more than 5,000 cfm (2.4 m3/s) and serving not more than 10 air-inlet openings." 8. Section 907.2.12.2 is deleted and amended to read: "907.2.12.2 Emergency voice/alarm communication system. The operation of any automatic fire detector, sprinkler water-flow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving approved information and directions for a general or staged evacuation on a minimum of the alarming floor, the floor above and the floor below. Duct smoke detectors shall operate as specified in Ordinance No. 1344 Page 27 Section 907.12. Speakers shall be provided throughout the building by paging zones. As a minimum, paging zones shall be provided as follows: 1. Elevator groups. 2. Exit stairways. 3. Each floor. 4. Areas of refuge as defined in Section 1002.1. 5. Dwelling Units in apartment houses. 6. Hotel guest rooms or suites. Exception: In Group I-1 and I-2 occupancies, the alarm shall sound in a constantly attended area and a general occupant notification shall be broadcast over the overhead page." 9. Section 907.9.3 is deleted and amended to read: "Section 907.9.3 High-rise building. In~buildings with a floor used for human occupancy that is located more than 55 feet (1fi764 mm) above the lowest level of fire department vehicle access, a separate zone by floor shall be provided for all of the following types of alarm-initiating devices where provided: 1. Smoke detectors. 2. Sprinkler water-flow devices. 3. Manual fire alarm boxes. 4. Other approved types of automatic fire detection devices or suppression systems." 10. Section 907.12 is deleted and amended to read: "907.12 Duct smoke detectors. Duct smoke detectors shall be connected to the building's fire alarm control unit when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a visible and audible supervisory signs! at a constantly attended location. Duct srnoke detectors shall not be used as a substitute for required open area detection. Exception: 1. (deleted). 2. In occupancies not required to be equipped with a fire alarm system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location. Smoke detector trouble conditions shall activate a visible or audible signal in an approved location and shall be identified as air duct detector trouble." 11. Section 910.3.2.2 is deleted and amended to read: Ordinance No. 1344 Page 28 "910.3.2.2 Sprinklered buildings. Where installed in buildings equipped with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of cheat-responsive device rated at least 100° F above the operating temperature of the sprinkler. " (f) Table 1505.1 of the 2007 California Building Code is hereby deleted and amended to read: TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATIONS TYPES OF CONSTRUCTION IA IB IIA IIB IIIA IIIB IV VA VB B B B B B B B B B (g) Section 1505.1.3 of the 2007 California Building Code is hereby deleted and amended to read: "1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be afire-retardant roof covering that is at least Class B." (h) Chapter 1613 of the 2007 California Building Code is hereby amended by adding Section 1613.8 to read: "1613.8 Equivalent Lateral Force Procedure Seismic Response Coefficient. ASCE 7 Section 12.8.1.1 Equation 12.8-5 shall be modified as follows: CS = 0.044 SAS I (Eq. 12.8-5) " (i) Chapter 1613 of the 2007 California Building Code is hereby amended by adding Section 1613.9 to read: Ordinance No. 1344 Page 29 "1613.9 Chapter 16A Section 1614A.1.12, ASCE 7, Section 13.5.6.2. Seismic design of suspended ceilings shall be in accordance with ASCE 7 Section 13.5.6.2 as amended and as provided in Chapter 16A Section 1614A.1.12 of this code." (j) Section 1704.1 exception 2 of the 2007 California Building Code is amended to read: " 2. Except for footing and slab on grade concrete for any construction for which the total floor area exceeds 500 square feet, Special inspections are not required for building components unless the design involves the practice of professional engineering or architecture as defined by applicable state statutes and regulations governing the professional registration and certification of engineers or architects." (k) Section 1704.1 of the 2007 California Building Code is amended #o read: "1704.1.3 Qualifications of special inspector; examination; certificate of listing. Qualifications, examination and certificate of listing as special inspector in the City of Tustin shall be in accordance with the following: 1. The special inspector shall be a qualified person approved by the Building Official. The special inspector shall furnish continuous inspection on the construction and work requiring his or her employment as prescribed in the applicable code. The special inspector shall report to the Building Official in writing, noting all code violations and other information as required on forms prescribed by the City of Tustin. 2. Each person applying for listing as a special inspector for the City of Tustin shall possess a valid certificate as a special inspector, issued upon presentation of evidence of successful completion of testing/examination by a testing agency, which is acceptable to the Building Official for each classification for which the person is applying. The Building Official may, on special occasion, administer an oral review and/or testing procedures which he or she may find appropriate. 3. Each person applying for listing as a special inspector for the City of Tustin shall pay a listing fee of twenty dollars ($20.00) or as established by resolution of the City Council for each classification payable with the application upon approval for listing. 4. A certificate of listing shall be issued to each such special inspector who qualifies. A renewal fee of twenty dollars ($20.00) or as established by resolution of the City Council for each classification shall be charged on the anniversary date from the date of the original issuance, thereafter, at which time the special inspector may be subject to reexamination. Ordinance No. 1344 Page 30 5. The Building Official may revoke any special inspector's certificate of listing at any time for due cause on written notice. This notice shall set forth the time and place evidence would be submitted to show cause why the certificates of listing should not be revoked. 6. Failure to appear at such hearing by the special inspector may result in immediate revocation of said inspector's certificate of listing. 7. Revocation of the certificate of listing does not exempt any further legal actions from the City. 8. Special inspector's certificate of listing are to be given only for the execution of work done under Chapter 17 of the California Building Code in the City of Tustin or for work specifically authorized by the Building Official." (I) Section 1704.2 of the 2007 California Building Code is hereby deleted and amended by adding Sections 1704.2 and 1704.2.1 to read:: "1704.2 Inspection of fabricators. Where fabrication of structural load-bearing members and assemblies is being performed on the premises of a fabricator's shop, the fabricator must be registered and approved by a recognized agency to perform such work. 1704.2.1 Fabricator approval. Approval of fabricator shall be based upon review of the submitted written procedural and quality control manuals and periodic auditing of fabrication practices by an approved agency. At completion of fabrication, the approved fabricator shall submit a certificate of compliance to the Building Official stating that the work was performed in accordance with the approved construction documents." (m) Section 1704.4 of the 2007 California Building Code is hereby amended as follows: 1. Item 6 of Table 1704.4 is deleted and amended to read: "6. Inspection of concrete and shotcrete placement for proper application techniques including all structural concrete placement for new swimming pools." 2. Exception of Section 1704.4 is deleted and amended to read: "Exception: For placement of concrete in building foundations and slabs supported on grade less than five-hundred (500) square feet in area in all occupancies and other non-building construction, special inspection shall Ordinance No. 1344 Page 31 not be required for:" 3. Section 1704.4 Exception 3 is deleted and amended to read: "3. Nonstructural concrete slabs supported directly on the ground which do not contain pre-stressed reinforcing and not exceed 500 square feet in total area." (n) Section 1908.1 of the 2007 California Building Code is hereby amended by adding Sections 1908.1.17, 1908.1.17.1 and 1908.1.17.2 to read: "1908.1.17 AC1318, Equation (14-7) of Section 14.8.3 and 14.8.4. Modify ACI 318, Sections 14.8.3 and 14.8.4 as follows: 1908.1.17.1 Modify equation (14-7) of ACI 318 Section 14.8.3 to read as follows: Icr shall be calculated by Equation (14-7), and M, shall be obtained by iteration of deflections. 3 I~r - ES AS + P~ h ~d - c)Z+ we (14-7) E~ fy 2d 3 and the value ESIE~ shall not be taken less than 6. 1908.1.17.2. Modify ACt 318 Sec, 14.8.4 to read as follows: 14.8.4 -Maximum out-of-plane deflection, OS, due to service loads, inclucing PO effects, shall not exceed /x/150. If Ma, maximum moment at mid-height of wall due to service lateral and eccentric loads, including PD effects, exceed (213)M~r, 0S shall be calculated by Equation (14-8): a M - --- M = Z 0 -}- a 3 cr ~- 2 s 3 cr 2 ( n 3 cr ~{ 14-8) Mn 3 Mcr If Ma does not exceed (213}M~~, 0S shall be calculated by Equation (14-9): Ordinance No. 1344 Page 32 MQ ~s - ~ ~cr cr where: 7~ ,~ 2 _ S lVl cr ~c ~cr 48E 1 c g ~ _ SM„l~ 48E~I~r (14-9) (o) Section 3109.4.4 of the 2007 California Building Code is hereby amended as follows: 1. Section 3109.4.4.1 is amended to add the following definition to read: "PRIVATE POOL is any constructed pool, permanent or portable, which is intended for noncommercial use as a swimming pool by not more than three owner families and their guests." 2. Section 3109.4.4.2.1 is added to read: "3109.4.4.2.1 Enclosure of yards containing private pools. Every person in possession of land within the City, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a private swimming pool or other out-of-doors body of water designed, constructed and used for swimming, dipping or immersion by men, women or children, having a depth in excess of eighteen (18) inches, shall maintain in good condition an enclosure to completely separate the private pool from adjoining properties by fencing complying with Section 3109.4.4.3 or building walls, or a combination thereof, substantially constructed, not lower than five (5) feet in height above the surface of the ground measured vertically from the outside grade or otherwise higher determined by the Planning Division. Any pool enclosed by a fence or enclosure which does not meet the requirements of this chapter shall be drained immediately and shall not be refilled until such time as the enclosure is brought into compliance with the provisions of this article. All gates opening through the swimming pool yard enclosure shall be Ordinance No. 1344 Page 33 equipped with aself-closing and self-latching device designed to keep such door or gate securely closed at all times when not in actual use. Access gates through the enclosure shall open away from the swimming pool. The unlocking or unlatching device shall be located not less than five (5) feet above grade or steps at the gate or door measured vertically outside the enclosed areas. This shall include any passage door or gate opening from an accessory building, such as a garage. Exceptions: (1) The unlocking or unlatching device may be located on the inside of the enclosure at less than the required five (5} feet in height when not operable from the outside of the enclosure. (2) Double-gates installed across vehicular access ways shall be self- closing and shall be equipped with a latching device which may be manually operated. Such gates shall be securely closed at all times when not in actual use." (p) Amend 2007 California Building Code by adding Appendix K Building Security, to read as follows: "Appendix K Building Security The provisions of this chapter shall apply to openings into all buildings, including dwelling units within apartment houses of Group R, Divisions 1, 2, and 3 Occupancies, and to openings between attached garages and dwelling units. Except for vehicular access, door openings in enclosed attached garages shall be in accordance with the provisions of this chapter. K101 Garage Type Doors. Rolling Overhead, Solid Overhead, Swinging, Sliding or Accordion style doors shall conform to the following: 1. Fiberglass doors shall have panels a minimum density of six (6) ounces per square foot from the bottom of the door to a height of seven (7) feet. Panels above seven (7) feet and panels in residential structures shall have a density of not less than five (5) ounces per square foot. 2. Overhead doors shall be equipped with bolts which shall be capable of utilizing padlocks with a minimum nine-thirty-seconds-inch shackle. 3. Doors utilizing a cylinder lock shall have a minimum five-pin tumbler operation with the bolt or locking bar extending into the receiving guide a minimum of one (1) inch. Ordinance No. 1344 Page 34 4. Doors that exceed sixteen {16) feet in width shall have two (2) lock 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. 5. Slide bolt assemblies shall have a frame a minimum of 0.120 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 (318) inch may be used in a residential building. 6. 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. 7. Padlocks used with exterior mounted slide bolts shall have a hardened steel shackle a minimum of nine thirty-seconds (9132) 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." K102 Special Residential Building Provisions. The following special provisions shall apply to all residential dwellings (R-1, R-2, and R-3): 1. Except for vehicular access doors, all exterior swinging doors of any residential building and attached enclosed garages, including the door leading from the garage area into the dwelling unit, shall be equipped as follows: a. 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 thick. b. A single or double door shall be equipped with a single cylinder deadbolt having a minimum protection of one (1) inch and an embedment of at least three-fourths (3/4} inch into the strike receiving the bolt. The bolt shall be constructed so as to resist cutting tool attacks. The cylinder shall have a cylinder guard, a minimum of five (5) pin tumblers, and shall be connected to the inner portions of the lock by connecting screws of at least one-fourth (1/4) of an inch in diameter. (The provisions of the preceding paragraph do not apply where panic hardware is required or an equivalent device is approved by the enforcing authority. Further, a dual locking mechanism, constructed so that both the deadbolt and latch can be Ordinance No. 1344 Page 35 retracted by a single action of the inside door knob or lever, may be substituted provided it meets all other specifications for locking devices.) c. The inactive leaf on metal frame double doors shall be equipped with flush bolts having a minimum protection of five-eighths (518) of an inch at the top and bottom of the leaf. On wood frame double doors, the projection shall be a minimum of one (1) inch. d. Glazing in exterior doors or within forty (40) inches of a door locking mechanism shall be of fully tempered glass or rated burglary resistant glazing, except where double cylinder deadbolts are installed. e. All front exterior doors shall be equipped with a wide angle (one hundred eighty [180} degrees) door viewer, except where clear vision panels are installed. 3. Lighting in R-1 and R-2 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 vandalism resistant covers. b. Open parking lots and carports shall be provided with a maintained minimum of one (1) footcandle of light on the parking surface during hours of darkness. Lighting devices shall be protected by vandal resistant covers. These lighting devices shall be automatically energized during hours of darkness. c. Each residential unit of R-1 and R-2 type occupancies shall have an enclosed parking space with a garage door equipped as in section K101 of this chapter." K103 Special Commercial Building. Provisions for other than Group R-1, R-2, R-3 and U-1. The following special provisions shall apply to buildings other than Group R-1, R- 2, R-3 and U-1: 1. All exterior swinging doors shall be equipped with a single cylinder deadbolt. The bolt shall have a minimum projection of one (1) inch and will have an embedment of at least three-quarters (3/4) of an inch into the Ordinance No. 1344 Page 36 strike receiving the bolt. The bolt shall be constructed so as to resist cutting tool attacks. The cylinder shall have a cylinder guard, a minimum of five (5) pin tumblers and shall be connected to the inner portion of the lock by connecting screws of at least one-quarter-inch (1/4") diameter. (The provisions of the preceding paragraph do not apply where panic hardware is required or an equivalent device is approved by the enforcing authority.) 2. 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. 3. Hollow metal doors shall be constructed of a minimum sixteen (16) U.S. gauge steel and have sufficient reinforcement to maintain the designed thickness of the door when any locking device is installed; such reinforcement being able to resist collapsing of the door around the locking device. 4. The inactive leaf on metal frame double doors shall be equipped with automatic flush bolts having a minimum projection of five-eighths (5/8) of an inch at the top and bottom of the leaf. On wood frame doors, the projection shall be a minimum of one (1) inch. . . 5. Double doors shall have an astragal constructed of steel a minimum of 1/8 of an inch thick which will cover the opening between the doors. The astragal shall be a minimum of two (2} inches wide and extend a minimum of one (1) inch beyond the edge of the door to which it is attached. The astragal shall be attached to the outside of the active door by welding or nonremovable bolts spaced apart on not more than ten (10) inches on center. 6. Any glazing utilized within forty (40) inches of any locking mechanism on a door shall be secured as follows: a. Fully tempered glass or rated burglary resistant glazing; or b. Iron or steel bars of at least one-half-inch round or one-inch by one-fourth-inch flat metal spaced not more than five (5) inches apart and secured on the inside of the building; or c. Iron or steel grills of at least one-eighth-inch (1/8") metal with a maximum two-inch (2") mesh, secured on the inside of the building. Items a. and b. above shall not interfere with the operation of opening windows if such windows are required to be openable by this Code. Ordinance No. 1344 Page 37 7. Aluminum frame swinging doors shall conform to the following: a. The jamb shall be so constructed or protected to withstand sixteen hundred (1,600) pounds of pressure in both a vertical distance of three (3) inches and a horizontal distance of one (1) inch each side of the strike, so as to provide violation of the strike. b. The bolt projection shall be a minimum of one and one-half (1 1/2) inches; or, a hook shaped or similar bolt may be used as long as it engages the strike sufficiently to resist jamb spreading. 8. In multiple occupancy office buildings, all entrance doors to individual office suites shall meet the requirements for exterior doors. 9. Where panic hardware is required by this Code, or Title 19, it shall be equipped and installed as follows: a. There shall be a minimum of two (2) locking points on each door; or b. On single doors, panic hardware may have one (1) locking point which is not to be located at either the top or bottom rails of the door frame. The door shall have an astragal constructed of steel 0.125 inches thick which shall be welded or attached with nonremovable bolts to the outside of the door. The astragal shall extend a minimum of two (2) inches wide and extend a minimum of one (1) inch beyond the edge of the door; or c. Double doors containing panic hardware shall have an astragal attached to the doors at their meeting point which will close the opening between them but not interfere with the operation of either door. 10. Exterior transoms or windows shall be deemed accessible if less than twelve (12) feet above ground or adjacent to any pedestrian walkway. Accessible windows and transoms not visible. from a public or private thoroughfare and having a pane or opening exceeding ninety-six {96) square inches shall be constructed or protected as follows: a. Fully tempered or rated burglary resistant glazing shall be used; or b. Interior steel or iron bars of at least one-half-inch (1/2") round or one-inch by one-quarter-inch (1" x 114") flat steel or iron r~~ay be used if spaced not more than five (5) inches apart and secured by bolts which are nonremovable from the exterior; or Ordinance No. 1344 Page 38 c. Interior iron or steel grills of at least one-eighth inch (1/8") metal having a mesh of not more than one (1) inch may be used if secured with bolts which are nonremovable from the exterior. Items a. and b. above shall not interfere with the operation of windows if such windows are required to be operable by this Code. The bars or grillwork shall be capable of quick opening from the inside only. 11. All hatchway openings on the roof of any building used for business purposes shall be secured as follows: a. If the hatchway is of wooden material it shall be covered on the inside with a minimum sixteen (16) gauge sheet metal or its equivalent, attached with screws. b. The hatchway shall be secured from the inside with a slide bar or slide bolt. The slide bar or slide bolt shall automatically release when actuated by smoke or heat from a fire. c. Outside hinges on all hatchway openings shall be provided with nonremovable pins and shall use nonremovable screws for mounting. 12. All exterior air duct or air vent openings exceeding ninety-six (96) square inches shall be secured by one of the following means: a. Iron or steel bars of at least one-half-inch {1/2") round or one-inch by one-fourth-inch (1" x 1/4") flat metal, spaced no more than five (5) inches apart and secured by bolts which are nonremovable from the exterior; or b. Iron or steel grills having a minimum thickness of one-eighth-inch, a mesh of net not more than one-inch, and secured by bolts which are nonremovable from the exterior. c. The above must not interfere with any venting requirements. 13. Permanently .affixed ladders leading to roofs shall be covered with sheet metal to a height of ten (10) feet. If the ladder protrudes more than six (6} inches from the building, the sides must also be covered with sheet metal. The covering shall be locked against the ladder by means of a case hardened hasp, secured with nonremovable bolts or screws. If hinges are of the pin type, they shall be equipped with nonremovable pins. Ordinance No. 1344 Page 39 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. 14. 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. 15. Open parking lots providing more than ten (10) parking places and for use by the general public shall be provided with a maintained minimum of one (1) footcandle of light on the parking surface from dusk until the termination of business every operating day. 16. Every commercial building shall display an address number in a prominent position so that it shall be easily visible from the street. The numerals in these numbers shall be no less than six (6) inches in height, of a color contrasting to the background and located so that they may be clearly seen and read. Any business which affords vehicular access to the rear of the building through any driveway, alleyway or parking lot shall also display the same numbers on the rear of the building." K104 Definitions. 1. Approved shall mean 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. 2. Auxiliary Locking Device is a secondary locking system added to the primary locking system to provide additional security. 3. Bolt is a metal bar which, when actuated, is projected (or thrown) either horizontally or vertically into a retaining member, such as a strike plate, to prevent a door from moving or opening. 4. Part as distinguished from component, is a unit for subassembly, which combines with other units to make up a component. 5. Primary Locking Device is the single locking system on a door or window unit whose function is to prevent unauthorized intrusion. 6. 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. 7. Solid Core Door shall mean a door composed of solid wood construction. Ordinance No. 1344 Page 40 8. Stile is a vertical framing member of a window or door. A meeting stile is one which mates with a stile of another sash or a vertical framing member of a door or window frame when the sash is in the closed position. 9. 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. 10. Swinging Door shall mean a door hinged at the stile or at the head and threshold. 11. U.L. Listed shall mean tested and listed by Underwriters' Laboratories, Inc. K105 Keying Requirements. 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." 8105 ADOPTION OF STATE HISTORICAL BUILDING CODE The California Historical Building Code, 2007 Edition as published by the International Code Council, shall be and become the Historical Code of the City, providing alternative building regulations for the rehabilitation, preservation, restoration or relocation of buildings or structures designated as historical buildings by Federal, State of California, County of Orange, or City of Tustin, all provisions in effect June 23, 1998, and approved by the California Building Standards Commission on January 29, 2007. The California Historical Building Code is on file for public examination in the office of the Building Official. Ordinance No. 1344 Page 41 Section 2 Chapter 2 of Article 8 of the Ci#y of Tustin is hereby repealed in its entirety and a new Chapter 2 is hereby added in place thereof to read as follows: CHAPTER 2 MECHANICAL CODE 8200 ADOPTION OF 2007 EDITION OF THE CALIFORNIA MECHANICAL CODE Except as provided in this chapter, the California Mechanical Code, 2007 Edition based on the 2006 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, shall be and become the Mechanical Code of the City, regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat producing appliances. The California Mechanical Code is on file for public examination in the office of the Building Official. 8201 AMENDMENTS TO THE CALIFORNIA MECHANICAL CODE The 2007 Edition of the California Mechanical Code is hereby adopted with no amendments. Ordinance No. 1344 Page 42 Section 3 Chapter 3 of Article 8 of the Tustin City Code is repealed in its entirety, and a new Chapter 3 is hereby added in place thereof to read as follows: CHAPTER 3 PLUMBING CODE 8300 ADOPTION OF 2007 EDITION OF THE CALIFORNIA PLUMBING CODE Except as provided in this chapter, the California Plumbing Code, 2007 Edition, based on the 2006 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, shall be and become the Plumbing Code of the City of Tustin, regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the City. The California Plumbing Code will be on file for public examination in the office of the Building Official. 8301 AMENDMENTS TO THE CALIFORNIA PLUMBING CODE The 2007 Edition of the California Mechanical Code is hereby adopted with no amendments. Ordinance No. 1344 Page 43 Section 4 Chapter 4 of Article 8 of the Tustin City Code is repealed in its entirety, and a new Chapter 4 is hereby added in place thereof to read as follows: CHAPTER 4 ELECTRICAL CODE 8400 ADOPTION OF 2007 EDITION OF THE CALIFORNIA ELECTRICAL CODE Except as provided in this chapter, the California Electrical Code, 2007 Edition, based on the 2005 National Electrical Code as published by the National Fire Protection Association, shall be and become the Electrical Code of the City of Tustin, regulating all installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the City. The California Electrical Code is on file for public examination in the office of the E~uilding Official. 8401 AMENDMENTS TO THE CALIFORNIA ELECTRICAL CODE The 2007 Edition of the California Electrical Code is hereby amended as follows: (a) Article 90 is hereby amended, by the addition of Articles 90-10, 90-11, 90-12, and 90-13 to read as follows: "Article 90-10 Revocations and Suspensions. The Building Official may suspend or revoke any electrical permit for any of the following reasons: 1. If any reason is found to exist which would have been cause for denial of such permit. 2. Any material misrepresentation or falsity in the application upon whi~~h said permit was issued. 3. For .failure to comply with the provisions of the sections in this code pertaining to electricity; after due notice or corrections and the time limit therefore has expired, or for failure to comply with other codes that may be related to or appertain to the sections in this Code pertaining to electricity. Article 90-10 Revocations and Suspensions. Upon completion of the work which has been authorized by issuance of any permit, except an annual permit, it shall be the duty of the person, firm, or Ordinance No. 1344 Page 44 corporation installing the same, to notify the Building Official who shall inspect the installation as soon thereafter as practicable. If, upon inspection, the installation is not found to be in conformity with the provisions of this Code, the Building Official shall notify the person, firm or corporation making the installation, stating the defects which have been found to exist. All defects shall be corrected within ten (10) days after inspection and notification, or within other reasonable time as permitted by the Building Official. No electrical installation shall be energized until inspected and approved by the Building Official. Article 90-11 Approval of Equipment. All appliances and equipment shall be listed and labeled by a nationally recognized testing laboratory, equal to but not limited to Underwriter's Laboratories, Inc., and approved by the Building Official. Article 90-12 Used Materials. Previously used materials shall not be re-used without the written approval obtained in advance from the Building Official. Article 90-13 Nameplates. The maker's nameplate, trademark, or other identification symbol shall be placed on the outside, where it is visible at time of inspection on all electrical materials, devices, appliances, fittings, and equipment used or installed under the provisions of this Code." (b) Article 300-6(b) is hereby amended, by the addition of a new paragraph at the end thereof, to read as follows: "Earth within the City of Tustin is corrosive, unless the permittee proves to the satisfaction of the Building Official the specific earth is not corrosive for the installation of the above noted electrical items in contact with or buried in the earth. Unless otherwise authorized by the Building Official, all such items embedded in the ground shall be protected by at least double, spiral wrapping, half overlapping with 10 mil plastic tape (total 40 mils cover), or approved equal." (c) Article 310.2(8) is hereby amended, by the addition of a second paragraph, to read as follows: "Copper wire shall be used for wiring size No. 4/o and smaller in all installation. Consideration for use of aluminum wiring can be made by the Building Official for feeder lines only on an individual basis where adequate safety measures can be ensured." Ordinance No. 1344 Page 45 (d) Table No. 310-5 is amended to add footnote No. 1 at the bottom of the table. "1. Use of aluminum conductors requires prior approval from the Building Official. See (new) Section 310.16 Copper and Aluminum Wire." (e) Article 310 is amended, by addition of a new Article 310.16, to read as follows: "310-16 Copper and Aluminum Wire. Copper wire shall be used when plans or installations require size No. 4/0 or smaller wiring. Aluminum conductors when permitted by the Building Official for branch circuits shall require continuous inspection by an approved independent testing agency for proper torquing of connections at their termination point." Ordinance No. 1344 Page 46 Section 5 Chapter 9A of Article 8 of the Tustin City Code is repealed in its entirety, and a new Chapter 9A is hereby added in place thereof to read as follows: CHAPTER 9A CALIFORNIA EXISTING BUILDING CODE 8900 ADOPTION OF 2007 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE Except as provided in this chapter, the California Existing Building Code Appendix A-1 based on the 2006 International Existing Building Code as published by the International Code Council, shall become the Existing Building Code of the City for regulating existing unreinforced masonry bearing wall buildings in the City. The California Existing Building Code will be on file for public examination in the office of the Building Official. A8901 AMENDMENTS TO THE CALIFORNIA EXISTING BUILDING CODE The 2007 Edition of the California Existing Building Code is hereby adopted with no amendments. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, held on the 20th day of Nov. , 2007. Lou Bone Mayor Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) Ordinance No. 1344 Page 47 CERTIFICATION FOR ORDINANCE N0.1344. Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is ;that the above and foregoing Ordinance ~4 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 20th day of Nov , 2007 by the following vote: COUNCILMEMBER AYES: Bone, Amante, Davert, Kawashima, Palmer (5) COUNCILMEMBER NOES: None (0) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: None (0) Pamela Stoker, City Clerk