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HomeMy WebLinkAboutORD 1386 (2010)ORDINANCE NO. 1386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING SPECIFIED CHAPTERS OF ARTICLE 8 OF THE TUSTIN CITY CODE TO ADOPT THE 2010 EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODE AND RELATED MODEL CODES WITH APPENDICES AND AMENDMENTS THERETO The City Council of the City of Tustin does ordain as follows: SECTION 1. Construction Codes Adopted. For the purpose of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of buildings and structures, the following building and construction codes subject to the modifications set forth in this Ordinance, are hereby adopted: The California Building Code, 2010 Edition, based on the 2009 International Building Code as published by the International Code Council, including Division II in Chapter 1; The California Residential Code, 2010 Edition, based on the 2009 International Residential Code as published by the International Code Council; The California Green Building Standards Code, 2010 Edition; The California Plumbing Code, 2010 Edition, based on the 2009 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials; The California Mechanical Code, 2010 Edition, based on the 2009 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials; The California Electrical Code, 2010 Edition, based on the 2008 National Electrical Code as published by the National Fire Protection Association; The California Historical Building Code, 2010 Edition; The California Existing Building Code, based on the 2009 International Existing Building Code, the Uniform Housing Code, 1997 Edition and the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as published by the International Code Council. The provisions of these Construction Codes, as amended by this Ordinance, shall constitute the Building and Construction Regulations of the City of Tustin. Except as Ordinance No. 1386 Page 1 of 34 amended herein, where the California Code of Regulations and State Building Standards Code differ from any sections of the Building and Standards Regulations, State regulations shall prevail over the Building and Construction Regulations. One (1) copy of all the above codes and standards therefore are on file in the office of the Building Official pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for public inspection. SECTION 2. Section 8100 of Chapter 1 of Article 8 of the Tustin City Code is deleted in its entirety and replaced as follows: 8100 ADOPTION OF THE 2010 CALIFORNIA BUILDING CODE CHAPTER 1 DIVISION II AS THE ADMINISTRATIVE CODE FOR BUILDING AND CONSTRUCTION Except as provided in this chapter, Chapter 1, Division II of the California Building Code, 2010 Edition, based on the 2009 International Building Code as published by the International Code Council, shall be and become the Administrative Code for building and construction of the City, providing rules and regulations for the administration and enforcement of the construction codes adopted by the City. The 2010 California Building Code will be on file for public examination in the Community Development Department. SECTION 3. Section 8101 of Chapter 1 of Article 8 of the Tustin City Code is amended as follows: Subsections (a) through (y) are deleted in their entirety and replaced by subsections (a) through (r) as provided below; subsection (z) is hereby renumbered as subsection (s). 8101 AMENDMENT OF CHAPTER 1, DIVISION II OF THE CALIFORNIA BUILDING CODE, 2010 EDITION Chapter 1, Division II of the 2010 California Building Code is hereby amended as follows: (a) Section 101.2 Scope, of Chapter 1, Division II of the 2010 California Building Code is hereby amended to add a new second and third paragraph to read: The provisions of these codes shall apply to and affect all of the properties within 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. If any conflict between this chapter and any other provisions of the Tustin City Code exists, this chapter shall govern. All references to the term [Uniform Building Code] in the Tustin City Code and Ordinances shall mean the latest edition of the [California Building Code.] (b) Section 101.2 of Chapter 1, Division II of the 2010 California Building Code Ordinance No. 1386 Page 2 of 34 is hereby amended by deleting the Exception to Section 101.2. (c) Section 103.1 of Chapter 1, Division II of the 2010 California Building Code is hereby amended by adding the following to the end of the section 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 104.6 of Chapter 1, Division II of the 2010 California Building Code is hereby amended by adding a second paragraph to read: When the Building Official 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 for the purpose of inspection and examination pursuant to this code. (e) Section 105.1 of Chapter 1, Division II of the 2010 California Building Code is amended by adding Sections 105.1.3, 105.1.3.1, 105.1.4, and 105.1.5 to read: 105.1.3 Grading Permits. The Building Official shall issue permits for grading and for construction, demolition, addition, alteration, and installation of improvements. Improvements subject to permit requirements include but are not limited to: streets, parking Tots, 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. In addition, all improvements shall comply with the Grading Ordinance and the Water Quality Ordinance of the Tustin City Code. 105.1.3.1 Drainage across property lines. Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devises. 105.1.4 Relocation of Buildings. No building or structure shall be moved or relocated unless and until the Ordinance No. 1386 Page 3 of 34 necessary permits to relocate the building or structure have been issued by the Building Official. The Building Official shall determine the applicable year and Codes that apply. 105.1.5 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 impacts per Tustin City Code. 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 the owner and/or permittee 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 and/or permittee 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 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. Ordinance No. 1386 Page 4 of 34 (f) Section 105.2 Work exempt from permit of Chapter 1, Division II of the 2010 California Building Code is hereby amended as follows: Section 105.2, "Building" Item 1 is hereby amended 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 similar uses, provided the floor area does not exceed 120 square feet (1.1 m2) 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, and grading permits where applicable are not exempt. A no-inspection building permit shall be issued upon approval and permit issuance fee only shall apply. 2. Section 105.2, "Building" Item 2 is hereby amended 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 either by natural grade, or by retaining walls 2 feet and under in height above finished grade for Group R-3 occupancies and those structures covered by the California Residential Code. 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. Permit shall not be required if the aforementioned fence is less than 3 feet in height. 3. Section 105.2, "Plumbing" Item 2 is hereby amended to read: 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, or 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. (g) Section 105.3.2 of Chapter 1, Division II of the 2010 California Building Code is hereby amended to read: 105.3.2 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 Ordinance No. 1386 Page 5 of 34 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 shall 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. (h) Section 105.5 Expiration of Chapter 1, Division II of the 2010 California Building Code is hereby amended to add a sentence at the end of the paragraph and add a 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. (i) Section 105.7 of Chapter 1, Division II of the 2010 California Building Code is hereby deleted in its entirety and replaced as follows: 105.7 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. Q) Chapter 1, Division II of the 2010 California Building Code is hereby amended by adding Sections 105.8, 105.9, 105.10, 105.11, 105.12 and 105.13 to read: 105.8 Residential remodeling. The following regulations and definitions shall apply to all remodeling construction on dwellings and properties: 1. Completion of construction. All building permits for Group R-3 occupancies and those structures covered by the California Residential Code, 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: Ordinance No. 1386 Page 6 of 34 a. Room additions (exterior of buildings and property area) b. Pools/spas c. Patio covers d. Water heaters, water softeners e. Fireplaces f. Skylights g. All other remodeling or building air conditioners 18 months 12 months 6 months 6 months 6 months 6 months 6 months 2. Maintenance of property during remodeling. During remodeling, all property shall be maintained in a reasonable clean and well-kept manner in accordance with the Tustin City Code. 3. 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. 105.9 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. 105.10 Subcontractors. At the time of permit issuance, the applicant shall complete a form provided by the Building Division, which lists all subcontractors, 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 or sub-contract construction work without a valid contractor's license pursuant to applicable provisions of the California Business and Professions Code. Ordinance No. 1386 Page 7 of 34 In the event that the applicant cannot provide a complete list of valid subcontractors at the time of permit issuance, the applicant shall provide said list to the City- within a reasonable period of time after permit issuance. 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- contractorviolation 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 Code. 105.11 Clean-Up Deposit. The Building Official shall, prior to issuing a permit for a swimming pool or spa, require clean-up deposit as follows: 1. Prior to issuance of a building permit for a swimming pool or spa, the applicant shall provide an agreement and cash deposit for the purpose of insuring that: a) sand, cement, dirt and any other debris is removed from streets, gutters, curbs, parkways, sidewalks and other public property; b) public property is left in a clean and undamaged condition; and, c) adequate barricades have been installed and maintained. Said deposit shall be determined by the Building Official for the construction of a swimming pool, spa or other construction related thereto requiring the use of heavy equipment. 2. Said agreement and deposit may be reduced to not less than one thousand dollars ($1,000.00) for the issuance of a spa, Jacuzzi, and other small pool permit not intended for swimming when the scope of the project will have a minimal impact on public improvements; by reason of not requiring the use of heavy construction equipment over curbs, sidewalks or public streets. 3. Said deposit shall terminate and be returnable to the applicant at the time of completion and provided that debris and other materials have been properly removed, and the public property has been left clean and undamaged. All damage to public curbs, gutters, sidewalks, driveway and light standards during the construction of pool, shall be repaired prior to preplaster inspection. A written signed release from the Public Works Department shall be filed with the Building Official to ensure damages have been repaired. 4. If the public property has not been left in a clean and undamaged condition and/or adequate barricades required by the Public Works Department have not been installed and maintained, the City shall cause the necessary work to be done and shall deduct the cost thereof from the deposit. Ordinance No. 1386 Page 8 of 34 105.12 Public Encroachment. Construction materials, debris, trash containers (dumpsters), and other non- vehicle materials shall not be deposited on public property without the written approval of the City Engineer and only under such conditions as he/she may impose. Any barricading required by the City Engineer shall be provided by the contractor. (k) Section 109.2 of Chapter 1, Division II of the 2010 California Building Code is hereby deleted in its entirety and replaced as follows: 109.2 Schedule of plan check and permit fees. On buildings, structures, electrical, gas, mechanical, plumbing systems and grading, or alterations thereof that require a permit, a fee for each plan check and permit shall be paid as required, in accordance with the schedule as established by a the City Council resolution in effect at the time of plan check application and issuance of the permit. 109.2.1 Plan check fees. When construction documents are required, they should be submitted for plan check by the Building Official. A plan check fee shall be paid at the time of submitting the documents for plan check. The plan check fees specified in this section are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees. When submittal documents are incomplete or changed or amended so as to require additional plan review, or when the project is phased as defined in Section 107.3.3, or when the project involves deferred submittal items as defined in Section 107.3.4.2, additional plan check fees 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. 109.2.2 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 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 city staff. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of the Tustin City Code nor from the penalty prescribed by law. A real estate investigation fee may also be charged for any investigation of a building, structure, or property, when approved by the Building Official Ordinance No. 1386 Page 9 of 34 and requested by an owner or authorized agent of such owner. Such fee shall be equal to or less than the cost of providing the inspection and/or investigation. (I) Section 109.3 of Chapter 1, Division II of the 2010 California Building Code is hereby deleted in its entirety and replaced as follows: 109.3 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, and grading as determined 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 or regionally recognized standards. (m) Section 109.6 of Chapter 1, Division II of the 2010 California Building Code is hereby deleted in its entirety and replaced as follows: 109.6 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. (n) Section 110.3 Required inspections of Chapter 1, Division II of the 2010 California Building Code is hereby deleted in its entirety and replaced as follows: 110.3 Required inspections. The Building Official, upon notification, shall make the inspections set forth in this Section. Structural tests, special inspections and structural observation shall also comply with the provisions Ordinance No. 1386 Page 10 of 34 of Chapter 17 of the California Building Code. 110.3.1 Grading, excavation and filling inspection. Inspection shall be conducted during earthwork, excavations, grading and filling operations in accordance with Section 1704.7, Chapter 18, and the Tustin City Code. 110.3.2 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. 110.3.3 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. 110.3.4 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. 110.3.5 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. 110.3.6 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, are 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. 110.3.7 Fire-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. 110.3.8 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. Ordinance No. 1386 Page 11 of 34 110.3.9 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. 110.3.10 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 City of Tustin. 110.3.11 Final inspections. The final inspection shall be made after all work required by the building permit is completed. (o) Section 113.1 General of Chapter 1 Division II of the 2010 California Building Code is hereby deleted in its entirety and replaced as follows: 113.1 General. The Building 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 Building 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 Building 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. All Building 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. The order of the Building Board of Appeals shall be immediately final. 113.1.1 Application. Applicants for a hearing before the Building Board of Appeals shall pay a fee in the amount set by City Council resolution prior to administrative 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 Building 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 his/her case at any proceedings involving their applications. Ordinance No. 1386 Page 12 of 34 (p) Section 114.1 of Chapter 1 Division II of the 2010 California Building Code is hereby deleted in its entirety and replaced as follows: 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to grade, 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 Tustin City Code. (q) Section 114.4 of Chapter 1 Division II of the 2010 California Building Code is hereby deleted in its entirety and replaced as follows: 114.4 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 the Penalty Provisions of the Tustin City Code. Each such person, firm, or corporation violating any provision or failing to comply with any of the requirements shall be guilty of a separate offense, and each day during any portion of which any violation of any provision of this Code, or any Code adopted by reference herein, is committed, continued or permitted by such person, shall constitute a separate offense, and shall be punishable accordingly. Provided further that each such person violating a provision which limits the time an act may be permitted or continued, each such period or portion thereof of which any violation of such provision is committed, continued or permitted by such person, shall constitute a separate offense, and shall be punishable accordingly. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the 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. (r) Section 116 of Chapter 1, Division II of the 2010 California Building Code is hereby deleted in its entirety and replaced as follows: SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Unsafe sites, buildings, structures, equipment and nuisances. All sites, buildings, structures or existing equipment which are determined by the Building Official to be unsafe, unsanitary or deficient, as this division or in any other effective ordinance, including but not limited to the International Property Maintenance Code, the Uniform Housing Code, and the Uniform Code for the Abatement of Dangerous Buildings as adopted by the City of Tustin constitute an unsafe condition. All such unsafe conditions, sites, buildings, structures, or equipment are hereby declared Ordinance No. 1386 Page 13 of 34 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 the Tustin City Code or by any other legal means. SECTION 4, Section 8102 of Chapter 1 of Article 8 of the Tustin City Code is hereby deleted in its entirety and replaced as follows: 8102 ADOPTION OF THE 2010 CALIFORNIA BUILDING CODE Except as provided in this chapter, those certain building codes known and designated as the California Building Code, 2010 Edition, based on the 2009 International Building Code as published by the International Code Council, excluding Chapter 1 Division II, 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. SECTION 5. Section 8103 of Chapter 1 of Article 8 of the Tustin City Code is hereby amended as follows: Subsections (a) through (o) are hereby deleted in their entirety and replaced with subsections (a) through (u) as provided below; subsection (p) is hereby renumbered as subsection (v). 8103 AMENDMENTS TO THE 2010 CALIFORNIA BUILDING CODE The 2010 California Building Code is hereby amended as follows: (a) Section 403, the first paragraph of Section 403.1, and definition no. 2 under HIGH-RISE BUILDING of Section 403.1.1 of the 2010 California Building Code are amended to read as follows: SECTION 403 HIGH-RISE BUILDINGS HAVING OCCUPIED FLOORS LOCATED MORE THAN 55 FEET ABOVE THE LOWEST LEVEL OF FIRE DEPARTMENT VEHICLE ACCESS AND GROUP I-2 OCCUPANCIES HAVING OCCUPIED FLOORS LOCATED MORE THAN 75 FEET ABOVE THE LOWEST LEVEL OF FIRE DEPARTMENT VEHICLE ACCESS 403.1 Applicability. New high-rise buildings having occupied floors located more than 55 feet above the lowest level of fire department vehicle access and new Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access shall comply with Sections 403.2 through 403.6. 403.1.1 Definitions. HIGH-RISE BUILDING: In other than Group I-2 occupancies "high-rise Ordinance No. 1386 Page 14 of 34 buildings as used in this code: 2. High-rise structure shall mean every building of any type of construction or occupancy having floor used for human occupancy located more than 55 feet above the lowest floor level having building access (see Section 403.1.2), except buildings used as hospitals as defined by the Health and Safety Code Section 1250. (b) Section 403.4.7.2 and 403.4.8.1 of the 2010 California Building Code are modified by moving Item 2. "Ventilation and automatic fire detection equipment for smoke proof enclosures" from section 403.4.7.2 "Standby Power Loads" and placing it in 403.4.8.1 "Emergency Power Loads". The revised sections are to read as follows: 403.4.7.2 Standby power loads. The following are classified as standby power loads: 1. Power and lighting for the fire command center required by Section 403.4.5; and 2. Standby power shall be provided for elevators in accordance with Sections 1007.4, 3003, 3007, and 3008. 403.4.8.1 Emergency power loads. The following are classified as emergency power loads: 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; 5. Fire alarm systems; 6. Electrically powered fire pumps; and 7. Ventilation and automatic fire detection equipment for smoke proof enclosures. (c) Sections 412.1 and 412.2 of the 2010 California Building Code are hereby deleted in their entirety and replaced as follows: 412.1 General. Aircraft-related occupancies, except for Emergency Helicopter Landing Facility, shall comply with Sections 412.1 through 412.7 and the California Fire Code. 412.2 Definitions. The following words and terms shall, for the purposes of this chapter and as used elsewhere in this code, have the meanings shown herein. Ordinance No. 1386 Page 15 of 34 APPROACH-DEPARTURE PATH. The flight path of the helicopter as it approaches or departs from the landing pad. EMERGENCY HELICOPTER LANDING FACILITY (FREE). A landing area on the roof of a building that is not intended to function as a heliport or helistop but is capable of accommodating fire or medical helicopters engaged in emergency operations. FIXED BASE OPERATOR (FBO). A commercial business granted the right by the airport sponsor to operate on an airport and provide aeronautical services, such as fueling, hangaring, tie-down and parking, aircraft rental, aircraft maintenance and flight instruction. HELIPORT. An area of land or water or a structural surface that is used, or intended for the use, for the landing and taking off of helicopters, and any appurtenant areas that are used, or intended for use, for heliport buildings or other heliport facilities. HELISTOP. The same as "heliport," except that no fueling, defueling, maintenance, repairs or storage of helicopters is permitted. RESIDENTIAL AIRCRAFT HANGAR. An accessory building less than 2,000 square feet (186 m2) and 20 feet (6096 mm) in building height constructed on a one- or two-family property where aircraft are stored. Such use will be considered as residential accessory use incidental to the dwelling. SAFETY AREA. A defined area surrounding the landing pad which is free of obstructions. TAKEOFF AND LANDING AREA. The combination of the landing pad centered within the surrounding safety area. TRANSIENT AIRCRAFT. Aircraft based at another location and at the transient location for not more than 90 days. (d) Section 412.7.5 is hereby added to the 2010 California Building Code to read as follows: SECTION 412.7.5. Emergency Helicopter Landing Facility. Section 412.7.5.1 General. Every building of any type of construction or occupancy having floors used for human occupancy located more than 75 ft above the lowest level of the fire department vehicle access shall have a Ordinance No. 1386 Page 16 of 34 rooftop emergency helicopter landing facility (FREE) in a location approved by the fire code official for only use by fire, police, and emergency medical helicopters. Section 412.7.5.2 Rooftop Landing Pad. The landing pad shall be 50 ft. x 50 ft. or a 50 ft. diameter circle that is pitched or sloped to provide drainage away from access points and passenger holding areas at a slope of 0.5 percent to 2 percent. The landing pad surface shall be constructed of approved non-combustible, nonporous materials. It shall be capable of supporting a helicopter with a maximum gross weight of 15,000 lbs. For structural design requirements, see California Building Code. Section 412.7.5.3 Approach-Departure Path. The emergency helicopter landing facility shall have two approach-departure paths separated in plan from each other by at least 90 degrees. No objects shall penetrate above the approach-departure paths. The approach-departure path begins at the edge of the landing pad, with the same width or diameter as the landing pad and is a rising slope extending outward and upward at a ratio of eight feet horizontal distance for every one foot of vertical height. Section 412.7.5.4 Safety Area. The safety area is a horizontal plane level with the landing pad surface and shall extend 25 ft in all directions from the edge of the landing pad. No objects shall penetrate above the plane of the safety area. Section 412.7.5.5 Safety Net. If the rooftop landing pad is elevated more than 30 in. (2'-6") above the adjoining surfaces, a 6 ft in wide horizontal safety net capable of supporting 25 Ibs/psf shall be provided around the perimeter of the landing pad. The inner edge of the safety net attached to the landing pad shall be slightly dropped (greater than 5 in. but less than 18 in.) below the pad elevation. The safety net shall slope upward but the outer safety net edge shall not be above the elevation of the landing pad. Section 412.7.5.6 Take-off and Landing Area. The takeoff and landing area shall be free of obstructions and 100 ft x 100 ft. or 100 ft. diameter. Section 412.7.5.7 Wind Indicating Device. An approved wind indicating device shall be provided but shall not extend into the safety area or the approach-departure paths. Section 412.7.5.8 Special Markings. The emergency helicopter landing facility shall be marked as indicated in Figure 1108.8.1. Section 412.7.5.9 EHLF Exits. Two stairway exits shall be provided from the landing platform area to the roof surface. For landing areas less than 2,501 square feet in area, the second exit may be a fire escape or ladder Ordinance No. 1386 Page 17 of 34 leading to the to the roof surface below. The stairway from the landing facility platform to the floor below shall comply with CFC 1009.4.2 for riser height and tread depth. Handrails shall be provided, but shall not extend above the platform surface. Section 412.7.5.10 Standpipe systems. The standpipe system shall be extended to the roof level on which the EHLF is located. All portions of the EHLF area shall be within 150 feet of a 2.5-inch outlet on a Class I or III standpipe. Section 412.7.5.11 Fire extinguishers. A minimum of one portable fire extinguisher having a minimum 80-B:C rating shall be provided and located near the stairways or ramp to the landing pad. The fire extinguisher cabinets shall not penetrate the approach-departure paths, or the safety area. Installation, inspection, and maintenance of extinguishers shall be in accordance with the CFC, Section 906. Section 412.7.5.12 EHLF. Fueling, maintenance, repairs, or storage of helicopters shall not be permitted. Figure 1108.8.1 Helicopter Landing Pad Markings 20' Inside Diameter 2' Line Widtl Red in Color ~ 50' 1X5 Address Numbers: 5' High, 1' Line Width Black in Color 12345 Numbers: 10' High 2' Line Width Red in Color Touchdown Pad Boundary 1' in Width ~. Red in Color 50' Ordinance No. 1386 Page 18 of 34 1. The preferred background is white or tan. 2. The circled, red numbers indicate the allowable weight that the facility is capable of supporting in thousands of pounds. 3. The numbers shall be oriented towards the preferred flight (typically facing the prevailing wind). (e) Section 903.3.1.1.1 Exempt locations of the 2010 California Building Code is hereby amended by revising Item 4 as follows: 4. When approved by the fire code official spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, and associated electrical power distribution equipment, provided those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by fire barriers consisting of not less than 1-hour fire barriers constructed in accordance with Section 707 or not less than 2-hour horizontal assemblies constructed in accordance with Section 712, or both.. (f) Section 903.4 Sprinkler system supervision and alarms of the 2010 California Building Code is hereby revised by modifying Exception 1, deleting Exceptions 3 and 5, and renumbering the Exceptions as follows: 1. Automatic sprinkler systems protecting one- and two-family dwellings. 2. Limited area systems serving fewer than 20 sprinklers. 3. Jockey pump control valves that are sealed or locked in the open position. 4. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position. 5. Trim valves to pressure switches in dry, preaction and deluge sprinkler systems that are sealed or locked in the open position. (g) Section 904.3.5 of the 2010 California Building Code is hereby revised as follows: 904.3.5 Monitoring. Where a building fire alarm or monitoring system is installed, automatic fire-extinguishing systems shall be monitored by the building fire alarm or monitoring system in accordance with NFPA 72. (h) Section 905.4 Location of Class I standpipe hose connections of the 2010 California Building Code is hereby amended by adding Items 7 and 8 to read as follows: 7. The centerline of the 2.5 inch (64 mm) outlet shall be no less than 18 inches (457 mm) above and no more than 24 inches (610 mm) above the finished floor. Ordinance No. 1386 Page 19 of 34 8. Every new building with any horizontal dimensions greater than 300 feet (91 440 mm) shall be provided with either access doors at the grade level or a 2.5 inch (64 mm) hose outlet(s). 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. These doors are for fire department access only and need not meet other requirements of this code. (i) Section 907.2.13 of the 2010 California Building Code is hereby deleted in its entirety and replaced as follows: [F] 907.2.13 High-rise buildings having occupied floors located more than 55 feet above the lowest level of fire department vehicle access and Group I-2 occupancies having floors located more than 75 feet above the lowest level fire department vehicle access. High-rise buildings having occupied floors located more than 55 feet above the lowest level of fire department vehicle access and Group I-2 occupancies having floors located more than 75 feet above the lowest level fire department vehicle access shall be provided with an automatic smoke detection system in accordance with Section 907.2.13.1, a fire department communication system in accordance with Section 907.2.13.2 and an emergency voice/alarm communication system in accordance with Section 907.5.2.2. Exceptions: 1. Airport traffic control towers in accordance with Section 907.2.22 and Section 412. 2. Open parking garages in accordance with Section 406.3. 3. Buildings with an occupancy in Group A-5 in accordance with Section 303.1. 4. Low-hazard special occupancies in accordance with Section 503.1.1. 5. In Group I-2 and R-2.1 occupancies, the alarm shall sound at a constantly attended location and general occupant notification shall be broadcast by the emergency voice/alarm communication system. Q) Section 907.3.1 of the 2010 California Building Code is hereby deleted in its entirety and replaced as follows: [F] 907.3.1 Duct smoke detectors. Smoke detectors installed in ducts shall be listed for the air velocity, temperature and humidity present in the duct. Duct smoke detectors shall be connected to the building's fire alarm control unit when a fire alarm system is installed. Activation of a duct smoke detector shall initiate a visible and audible supervisory signal at a constantly attended location and shall perform the intended fire safety Ordinance No. 1386 Page 20 of 34 function in accordance with this code and the California Mechanical Code. Duct smoke detectors shall not be used as a substitute for required open area detection. Exception: 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. (k) Section 907.5.2.2 Emergency voice/alarm communication systems of the 2010 California Building Code is hereby amended by adding items 5 and 6 to read: 5. Dwelling Units in apartment houses. 6. Hotel guest rooms or suites. (I) Section 907.6.3.2 of the 2010 California Building Code is hereby deleted in its entirety and replaced as follows: 907.6.3.2 High-rise buildings. In high-rise buildings having occupied floors located more than 55 feet above the lowest level of fire department vehicle access and Group I-2 occupancies having floors located more than 75 feet above the lowest level 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 waterflow devices. 3. Manual fire alarm boxes 4. Other approved types of automatic detection devices or suppression systems. (m) Section 910.3.2.2 of the 2010 California Building Code is hereby deleted in its entirety and replaced as follows: [F] 910.3.2.2 Sprinklered buildings. Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat- responsive device rated at least 100° F above the operating temperature of the sprinkler, unless otherwise approved. (n) Table 1505.1 of the 2010 California Building Code is hereby amended to read: Ordinance No. 1386 Page 21 of 34 TABLE 1505.1a 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 For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2. a. Unless otherwise required in accordance with Chapter 7A. (o) Section 1505.1.3 of the 2010 California Building Code is hereby deleted in its entirety and replaced as follows: 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. (p) Section 1505.5 Nonclassisfied roofing of the 2010 California Building Code is hereby deleted in its entirety without replacement. (q) Section 1505.7 Special purpose roofs of the 2010 California Building Code is hereby deleted in its entirety without replacement. (r) Section 3109.4.4 Private Swimming Pools (statewide) of the 2010 California Building Code is hereby amended by adding Sections 3109.4.4.9 and 3109.4.4.10 to read: 3109.4.4.9 Waste Water Disposal. No direct or indirect connection shall be made between any storm drain, sewer, drainage system, seepage pit, underground leaching pit, or subsoil drainage line, and any line connected to a swimming pool, unless approved by the Building Official. Waste water from any filter, scum filter, scum gutter, overflow pool emptying line or similar apparatus or appurtenance shall discharge into an approved type receptor by air gap and subsequently into public sewer. The flood level rim of such receptor shall be at least six (6) inches above the flood level of the adjacent ground. Each such receptor, when permitted to be connected to any part of a drainage system shall be provided with an approved three (3) inch trap. Plans and specifications for any deviation from the above manner of installation shall first be approved by the Building Official before any portion of any such system is installed. Ordinance No. 1386 Page 22 of 34 3109.4.4.10 Construction Requirements. (a) All pool construction shall be in conformance with engineered design for expansive soils, unless a soils report by a registered engineer approved by the Building Official indicates otherwise. (b) The pool shall be constructed not less than seven (7) feet from the top of a cut, fill or natural earth slope, less than five (5) feet from toe of a cut, fill or natural earth slope not less than five (5) feet from the property line (measured from water line). (c) A continuous inspection by a special inspector shall be required on all pools constructed of reinforced gunite, or reinforced cast in place concrete. Said special inspector shall insure all electrical bonding is properly installed; ensure all required reinforcing steel and diving board or slide anchor bolts are properly in place, ensure concrete is cast to the thickness required for expansive soil, ensure the concrete is properly placed; and take test samples during the placing of concrete and such samples shall be tested by an approved testing laboratory to attain a strength exceeding two thousand (2,000) psi, or as required by the design engineer at twenty-eight (28) days. Should such test show the concrete to fail or to be of questionable quality or strength, the special inspector may require core tests to be taken upon approval of the Building Official. Special inspectors shall submit to the Building Official a written report showing the dates of inspection, and the result of the laboratory tests. The report shall indicate the reinforcing steel is per the approved drawings, expansive soil details were followed, the work complies with the approved drawings, this Code and footings and anchor bolts of diving boards and other pool accessories are adequate. (s) Section 3400 of the 2010 California Building Code is hereby amended by adopting Sections 3402 and 3405, and by adding Section 3405.6 to read: 3405.6 Seismic Evaluation and Design Procedures for Repairs. The seismic evaluation and design shall be based on the procedures specified in the California Building Code, ASCE 31 Seismic Evaluation of Existing Buildings (for evaluation only) or ASCE 41 Seismic Rehabilitation of Existing Buildings. The procedures contained in Appendix A of the International Existing Building Code shall be permitted to be used as specified in Section 3403.5.1.1.3. 3405.6.1 Compliance with CBC level seismic forces. Where compliance with the seismic design provisions of the California Building Code is required, the procedures shall be in accordance with one of the following: Ordinance No. 1386 Page 23 of 34 1.One-hundred percent of the values in the California Building Code. Where the existing seismic force-resisting system is a type that can be designated as Ordinary, the values of R, S2o, and Cd used for analysis in accordance with Chapter 16 of the California Building Code shall be those specified for structural systems classified as Ordinary in accordance with Table 12.2-1 of ASCE 7, unless it is demonstrated that the structural system will provide performance equivalent to that of a Detailed, Intermediate or Special system. 2. Compliance with ASCE 41 using both BSE-1 and BSE-2 earthquake hazard levels and the corresponding performance levels in Table 3405.6.1. TABLE 3405.6.1 PERFORMANCE CRITERIA FOR CBC LEVEL SEISMIC FORCES PERFORMANCE LEVEL PERFORMANCE OCCUPANCY FOR USE WITH LEVEL FOR USE WITH CATEGORY ASCE 41 BSE-1 ASCE 41 BSE-2 (BASED ON CBC EARTHQUAKE EARTHQUAKE TABLE 1604.5) HAZARD LEVEL HAZARD LEVEL I Life Safety (LS) Collapse Prevention (CP) II Life Safety (LS) Collapse Prevention (CP) III N ote a Note a IV Immediate Occupancy Life Safety (LS) (10) a. Acceptance criteria for Occupancy Category III shall be taken as 80 percent of the acceptance criteria specified for Occupancy Category II performance levels, but need not be less than the acceptance criteria specified for Occupancy Category IV performance levels. 3405.6.2 Compliance with reduced CBC level seismic forces. Where seismic evaluation and design is permitted to meet reduced California Building Code seismic force levels, the procedures used shall be in accordance with one of the following: 1. The California Building Code using 75 percent of the prescribed forces. Values of R, Oo, and Cd used for analysis shall be as specified in Section 3405.6.1 Item 1. 2. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A of the International Existing Building Code as specified in Items 2.1 through 2.5 below shall be deemed to comply with this section. 2.1. The seismic evaluation and design of unreinforced masonry bearing wall buildings in Occupancy Category I or II are permitted Ordinance No. 1386 Page 24 of 34 to be based on the procedures specified in Appendix Chapter A1. 2.2. Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A2. 2.3. Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings of light-frame wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A3. 2.4. Seismic evaluation and design of soft, weak, or open-front wall conditions in multiunit residential buildings of wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A4. 2.5. Seismic evaluation and design of concrete buildings in all Occupancy Categories are permitted to be based on the procedures specified in Appendix Chapter A5. 3. Compliance with ASCE 31 based on the applicable performance level as shown in Table 3405.6.2. It shall be permitted to use the BSE- 1 earthquake hazard level as defined in ASCE 41 and subject to the limitations in item 4 below. 4. Compliance with ASCE 41 using the BSE-1 Earthquake Hazard Level defined in ASCE 41 and the performance level as shown in Table 3405.6.2. The design spectral response acceleration parameters SXS and SX~ specified in ASCE 41 shall not be taken less than 75 percent of the respective design spectral response acceleration parameters SoS and S~~ defined by the California Building Code and its reference standards. TABLE 3405.6.2 PERFORMANCE CRITERIA FOR REDUCED CBC LEVEL SEISMIC FORCES OCCUPANCY PERFORMANCE PERFORMANCE LEVEL CATEGORY LEVEL FOR USE WITH ASCE 41 (BASED ON CBC FOR USE WITH ASCE BSE-1 EARTHQUAKE TABLE 1604.5 31 HAZARD LEVEL Life Safety (LS) Life Safety (LS) II Life Safety (LS) Life Safety (LS) III Note a, Note b Note a Ordinance No. 1386 Page 25 of 34 IV Immediate Occupancy Immediate Occupancy (10) (10) a. Acceptance criteria for Occupancy Category III shall be taken as 80 percent of the acceptance criteria specified for Occupancy Category I I performance levels, but need not be less than the acceptance criteria specified for Occupancy Category IV performance levels. b. For Occupancy Category III, the ASCE screening phase checklists shall be based on the life safety performance level. 3405.6.3 Referenced Standards Standard Referenced Reference In Code Number Title Section Number ASCE 31-03 Seismic Evaluation of Existing Buildings 3405.6.1, TABLE 3405.6.1 3405.2.4.2, TABLE 3405.6.2 ASCE 41-06 Seismic Rehabilitation of Existing Buildings 3405.6.1, Including Supplement No. 1 TABLE 3405.6.1 3405.6.2, TABLE 3405.6.2 (t) Chapter 35 Referenced Standards of the 2010 California Building Code is hereby amended by adding the second paragraph to read: For revisions to NFPA 13, 13R, 13D, 14, 24, and 72, refer to Fire Code Amendments Chapter 47 Referenced Standards. SECTION 6, Section 8105 of Chapter 1 of Article 8 of the Tustin City Code is hereby deleted in its entirety and replaced as follows: 8105 ADOPTION OF STATE HISTORICAL BUILDING CODE The California Historical Building Code, 2010 Edition, as published by the International Code Council, shall be and become the Historical Code of the City of Tustin, providing alternative building regulations for the rehabilitation, preservation, restoration or relocation of buildings or structures designated as historical buildings by Federal, State, County, or City laws and/or regulations. The California Historical Building Code is on file for public examination in the office of the Building Official. SECTION 7, Chapter 2 of Article 8 of the Tustin City Code is hereby deleted in its entirety and replaced as follows: Ordinance No. 1386 Page 26 of 34 CHAPTER 2 MECHANICAL CODE 8200 ADOPTION OF 2010 EDITION OF THE CALIFORNIA MECHANICAL CODE Except as provided in this chapter, the California Mechanical Code, 2010 Edition, based on the 2009 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, shall be and become the Mechanical Code of the City of Tustin, 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 2010 California Mechanical Code is on file for public examination in the office of the Building Official. 8201 AMENDMENTS TO THE CALIFORNIA MECHANICAL CODE The 2010 Edition of the California Mechanical Code is hereby adopted with no amendments. SECTION 8, Chapter 3 of Article 8 of the Tustin City Code is hereby deleted in its entirety and replaced as follows: CHAPTER 3 PLUMBING CODE 8300 ADOPTION OF 2010 EDITION OF THE CALIFORNIA PLUMBING CODE Except as provided in this chapter, the California Plumbing Code, 2010 Edition, based on the 2009 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 of Tustin. The 2010 California Plumbing Code will be on file for public examination in the office of the Building Official. 8301 AMENDMENTS TO THE CALIFORNIA PLUMBING CODE a. Section 604 of the 2010 California Plumbing Code is hereby amended by adding Section 604.1.2 to read: 604.1.2 All metallic pipe, fittings and parts of fixtures buried in the ground shall be protected by at least 40 mils plastic sleeve or equivalent wrapping. Ferrous piping shall not be permitted under floor slab within a building. Ordinance No. 1386 Page 27 of 34 b. Section 1209.5 of the 2010 California Plumbing Code is hereby amended by adding Section 1209.5.1.4 to read: 1209.5.1.4 Approved Polyethylene or other pipe material approved for underground installation shall be used in exterior buried piping systems. SECTION 9, Chapter 4 of Article 8 of the Tustin City Code is hereby deleted in its entirety and replaced as follows: CHAPTER 4 ELECTRICAL CODE 8400 ADOPTION OF 2010 EDITION OF THE CALIFORNIA ELECTRICAL CODE Except as provided in this chapter, the California Electrical Code, 2010 Edition, based on the 2008 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 of Tustin. The 2010 California Electrical Code is on file for public examination in the office of the Building Official. 8401 AMENDMENTS TO THE CALIFORNIA ELECTRICAL CODE The 2010 Edition of the California Electrical Code is hereby amended as follows: (a) Article 300.5 of the 2010 California Electrical Code is hereby amended, by the addition of a new subsection (L) to read: 300.5(L) Earth within the City of Tustin is corrosive, unless the permittee proves to the satisfaction of the Building Official the earth in the specific project area 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. (b) Article 310.2(8) of the 2010 California Electrical Code is hereby amended by adding a second paragraph to read: 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. SECTION 10, Chapter 9A of Article 8 of the Tustin City Code is hereby deleted in its entirety and replaced as follows: Ordinance No. 1386 Page 28 of 34 CHAPTER 9A CALIFORNIA EXISTING BUILDING CODE A8900 ADOPTION OF 2010 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE Except as provided in this chapter, the 2010 California Existing Building Code Appendix A-1, based on the 2009 International Existing Building Code as published by the International Code Council, shall be and become the Existing Building Code of the City of Tustin for regulating existing unreinforced masonry bearing wall buildings in the City. The 2010 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 2010 Edition of the California Existing Building Code is hereby adopted with no amendments. SECTION 11, Chapter 1A of Article 8 of the Tustin City Code is hereby added to read as follows: A8100 ADOPTION OF THE 2010 CALIFORNIA RESIDENTIAL CODE Except as provided in this chapter, the California Residential Code, 2010 Edition, based on the 2009 International Residential Code as published by the International Code Council, shall be and become the Residential Building Code of the City of Tustin, providing for the enforcement of the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one-and two-family dwelling, townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto. The 2010 California Residential Code will be on file for public examination in the Community Development Department. A8101 Amendment to the 2010 Edition of the California Residential Code (a) Section R301.2 of the 2010 California Residential Code is hereby amended by revising Table R301.2(1) to read: TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA WIND DESIGN SUBJECT TO DAMAGE FROM GROUND Speed SEISMIC Frost WINTER ICE BARRIER AIR MEAN SNOW ° opographi DESIGN line Termite DESIGN UNDERLAYMENT FLOOD FREEZING ANNUAL LOAD m h effects'` CATEGORY eatherin De th" TEMP° REQUIRED" HAZARDS° INDEX' TEMP NFIP Maps 164, 168, 169, 277, 278, 279, 281, 282, Very and 283 in Zero 85 No D, or E Ne li ible 0" Heav 43 No Communit 0 60 Ordinance No. 1386 Page 29 of 34 235 December 3, 2009 For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(4)]. Wind exposure category shall be determined on asite-specific basis in accordance with Section R301.2.1.4. e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the Building Official. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF- days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.htrnl. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www. ncdc. noaa. gov/fpsf. html. k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. (b) Section R313.1 Townhouse automatic fire sprinkler systems of the 2010 California Residential Code is hereby amended to read: See City of Tustin adopted California Fire Code, Section 5130 et al. (c) Section R313.2 One- and two-family dwellings automatic fire systems of the 2010 California Residential Code is hereby amended to read: (For 1 and 2 family dwellings) See City of Tustin California Fire Code Section 5130 et al. (d) Section R403.1.3 Seismic reinforcing of the 2010 California Residential Code is hereby amended by deleting the exception. Ordinance No. 1386 Page 30 of 34 (e) Section R405.1 Concrete or masonry foundations of the 2010 California Residential Code is hereby amended by deleting the exception. (f) Section R902.1 of the 2010 California Residential Code is hereby deleted in its entirety and replaced as follows: R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Classes A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108. Exceptions: 1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck. 2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks. (g) Section R902.1.3 of the 2010 California Residential Code is hereby deleted in its entirety and replaced as follows: R902.1.3 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) Section R902.2, first paragraph of the 2010 California Residential Code is hereby amended to read: R902.2 Fire-retardant-treated shingles and shakes. Fire-retardant- treated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15-3 or 15-4 which are impregnated by the full-cell vacuum-pressure process with fire-retardant chemicals, and which have been qualified by UBC Standard 15-2 for use on Class A or B roofs. (i) Chapter 44 Referenced Standards of the 2010 California Residential Code is hereby amended by adding the second paragraph to read: For revisions to NFPA 13, 13R, 13D, 14, 24, and 72, refer to Fire Code Amendments Chapter 47 Referenced Standards. SECTION 12, Chapter 1 B of Article 8 of the Tustin City Code is hereby added to read as follows: Ordinance No. 1386 Page 31 of 34 B8100 ADOPTION OF THE 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE Except as provided in this chapter, the California Green Building Standards Code, 2010 Edition, as published by the International Code Council, shall be and become the Green Building Standards Code of the City of Tustin, providing for the administration and enforcement of the planning, design, operation, construction, use and occupancy of every newly constructed buildings or structures. The 2010 California Green Building Standards Code will be on file for public examination in the Community Development Department. B8101 Amendment to the 2010 Edition of the California Green Building Standards Code (a) Section 202 Definitions of the 2010 California Green Building Standards Code is hereby amended to add the following definition: Sustainability. Consideration of present development and construction impacts on the community, the economy, and the environment without compromising the needs of the future. (b) Section 4.304.1 of the 2010 California Green Building Standards Code is hereby deleted in its entirety and replaced as follows: Irrigation controllers. Automatic irrigation system controllers for landscaping provided and installed at the time of final inspection and shall comply with the following: Controllers shall be weather- or soil moisture-based irrigation controllers that automatically adjust irrigation in response to changes in plants' needs as weather conditions change. 2. Weather-based controllers without integral rain sensors or communication systems that account for local rainfall shall have a separate wired or wireless rain sensor which connects of communicates with the controller(s). Soil moisture-based controllers are not required to have rain sensor input. SECTION 13, Chapter 5 of Article 8 of the Tustin City Code is hereby deleted in its entirety without replacement. SECTION 14, Section 8106 of Chapter 1 of Article 8 of the Tustin City Code is hereby added to read as follows: 8106 ADOPTION OF PROPERTY MAINTENANCE CODE The International Property Maintenance Code, 2009 Edition, including Appendix A as published by the International Code Council, shall be and become the Property Maintenance Code of the City of Tustin, providing regulations for the maintenance of buildings and properties. The International Property Maintenance Code is on file for public examination in the office of the Building Ordinance No. 1386 Page 32 of 34 Official. SECTION 15, Section 8107 of Chapter 1 of Article 8 of the Tustin City Code is hereby added to read as follows: 8107 ADOPTION OF UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as published by the International Code Council, shall be and become the Code of the City of Tustin, providing regulations for requirements for the repair, vacate, or demolition of buildings or structures which from any cause endanger the life, limb, health, moral, property, safety, or welfare of the general public or their occupants. The Uniform Code for the Abatement of Dangerous Buildings is on file for public examination in the office of the Building Official. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 7t" day of December, 2010. ATTEST: PAMELA STOKER CITY CLERK Ordinance No. 1386 Page 33 of 34 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1386 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five (5); that the above and foregoing Ordinance No. 1386 was duly and regularly introduced and adopted at a regular meeting of the City Council held on the 7t" day of December, 2010 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK Amante, Nielsen, Gavello, Gomez, Murrav (5) None (Q) None None (0) (0) Ordinance No. 1386 Page 34 of 34