HomeMy WebLinkAboutMC-1047
,Adupted:
Effective:
Kay 17, 1999
June 17, 1999
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ORDINANCE NO, KC-l047
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 15.04.020, 15.04,080B2, I5.I0.040B, AND ADDING SECTION 15.04.055
OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING BY REFERENCE
THE 1998 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, KNOWN
AS THE CALIFORNIA CODE OF REGULATIONS, TITLE 24 (CCR, T -24),
INCORPORATING THE UNIFORM BUILDING CODE, 1997 EDITION, THE
6 UNIFORM MECHANICAL CODE, 1997 EDITION, THE UNIFORM PLUMBING
CODE, 1997 EDITION, THE NATIONAL ELECTRICAL CODE, 1996 EDITION; AND
7 ADOPTING THE UNIFORM HOUSING CODE, 1997 EDITION, THE UNIFORM
ADMINISTRATION CODE, 1997 EDITION, THE UNIFORM CODE FOR THE
8 ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION, AND, AMENDING
9 THOSE CALIFORNIA BUILDING STANDARDS AS IDENTIFIED HEREIN,
THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY.
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WHEREAS, pursuant to California Health and Safety Code Section 17960, local
agencies are required to enforce building regulations imposed by Section 17922 of the California
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13 Health and Safety Code; and
14 WHEREAS, pursuant to Section 17958 of the California Health and Safety Code, a city
15 may make changes in the provisions adopted pursuant to Section 17922 of the California Health
16 and Safety Code through express findings of local neeessity; and
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WHEREAS, it is necessary to update codes incorporated into the San Bernardino
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Municipal Code.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
21 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1: Findings of Local Necessity,
Pursuant to Health and Safety Code
23 Sections 17958.7 and 18941.5 a local governing body must make express findings that
24 amendments to state building standards are necessary because oflocal climatic, geological, or
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topographical conditions. The following findings, applicable to those sections of this code
referenced herein, are hereby made:
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1.1 In regard to 15.04.020 B(1): It is hereby determined and found that the alternate
abatement procedures and requirements contained in the Uniform Housing Code, the Uniform
Code For the Abatement of Dangerous Buildings, and Chapter 8.30 of this code, are equivalent
to those provided by the State Housing Law (CCR, Title 25).
1.2 In regard to 15.04.020 B(2): The Uniform Administrative Code provides standard
administrative requirements for the enforcement of the uniform codes. Such requirements do not
constitute "building standards" as defined by law, and therefore a finding oflocal necessity is not
required.
1.3 In regard to 15.04.020 B(3): A number offactors necessitate the adoption of the Uniform
Code for the Abatement of Dangerous Buildings. There exists in the city a number of
dilapidated and abandoned buildings which negatively impact the health and safety of the
community. Due to the City's relatively temperate winter climate vagrants are attracted to the
area and illegally oceupy many of these substandard structures. The City has experienced an
epidemic of structural fires in abandoned buildings which may be caused by the warming fires of
vagrants, arson, or other factors. Several lives have been lost in sueh fires. Due to the
propensity for high winds and hot weather experienced from "Santa Ana Wind" conditions,
adj acent occupied structures and vegetated areas are threatened by fires in abandoned buildings.
1.4 In regard to 15.04.020 B(4): Due to extreme summer temperatures often exceeding 100
degrees Fahrenheit, and a multitude of private swimming pools in residential neighborhoods,
unsupervised children can be enticed or attracted to such pools which may result in drowning
injuries or deaths. Therefore adequate standards for swimming pool barriers are necessary. The
City adopted Appendix 4, Division I prior to January 1,1997, and therefore it qualifies as a pre-
existing ordinance pursuant to Health and Safety Code Section 115922.
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1.5 In regard to 15.04.020 B(5): Due to severe summer heat and Santa Ana wind conditions
roofing materials installed on structures may become damaged or otherwise deteriorate rapidly.
This leads to a high level of reroofing activity, and often multiple layers of roofing materials are
applied to buildings which may exceed the structural design capacity ofroof systems giving rise
to the potentiality of structural failures. In addition, the city has various high fire hazard areas
(Foothill Fire Zones) that are so designated based on their steep terrain and natural state of
vegetation. Fire resistive roofing materials are necessary within these high fire hazard zones in
order to limit fire exposure, property damage, and potential loss oflife in the event of wildland
fires. As a result, it is necessary to adopt Appendix Chapter 15 in order to regulate reroofing
acti vi ty.
1.6 In regard to 15.04.020 B(6) Various areas of the City experience wind storms with
sustained winds of 80 miles per hour and gusts of 100 miles per hour. These High Wind Zones
are identified in the City's General Plan. Previous wind storms have resulted in damage to
property and building failures. Building failures have the potential to cause injury or death. The
conventional framing requirements contained in Chapter 23 of the Uniform Building Code are
not adequate in these areas. Appendix Chapter 23 provides adequate standards for conventional
construction in these high wind zones.
1.7 In regard to 15.04.020 B(7): Various areas in the City lie within flood zones identified in
the Flood Insurance Rate Maps promulgated by the Federal Emergency Management Agency.
Such areas are subject to periodic flooding which may result from heavy precipitation. Property
damage and personal injuries resulting from floods can be avoided by utilizing the special
construction requirements contained in Appendix Chapter 31, Division I.
1.8 In regard to 15.04.020 B(8): The City is subject to a number of geologieal hazards
which impact the construction of buildings and grading operations. Two major earthquake
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faults traverse the City; the San Jacinto Fault through the western portion of the City, and the
infamous San Andreas Fault to the north. Large portions of the City are subject to liquefaction
during seismic events due to poor soil conditions and high water tables. The potential exists for
damage due to erosion and landslides caused by ground saturation from heavy rains in the City's
foothill areas. In addition, high winds create unique problems for grading operations. As a
result, proper grading procedures and their enforcement are neeessary to mitigate the potential
for loss oflife and property damage.
1.9 In regard to 15.04.055: Administrative requirements do not constitute "building
standards" as defined by law, and therefore a finding oflocal necessity is not required.
1.10 In regard to 15.10.040 B: Within the foothill areas of the City the threat of wildland
fires during the Summer and Fall months is an ever present danger. The Panorama Fire of 1980
destroyed approximately 350 homes and burned 41,000 acres. Wildland fires, aggravated by
Santa Ana Winds, dry brush, and steep hillside terrain can overcome available fire fighting
resources, and can burn out of control for days. Foothill Fire Zone Building Standards are
necessary to promote public safety and reduce property damage due to fires by minimizing the
fire exposure of structures built in high fire zones.
SECTION 2: Section 15.04.020 of the San Bernardino Munieipal Code is hereby
amended as follows (Express findings of local necessity are provided in Section I for those
subseetions marked by an asterisk (*)):
"15.04,020 Adoption of Codes By Reference
A. Adoption of the California Building Standards Code by Reference.
Those eertain rules and regulations, as set forth in the following codes are hereby adopted
by reference as the regulations governing the erection, construction, alteration, repair,
removal, and maintenance of all buildings and other structures in the City:
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(1) The 1998 edition of the California Building Standards Code, known as the
California Code of Regulations, Title 24, incorporating those state adopted model codes
listed pursuant to Health and Safety Code Section 17922, and all state adopted
amendments thereon, and incorporating:
A. The Uniform Building Code, 1997 edition, published by the International
Conference of Building Officials;
B. The Uniform Mechanieal Code, 1997 edition, published by the International
Conference of Building Officials;
C. The Uniform Plumbing Code, 1997 edition, published by the International
Association of Plumbing and Mechanical Officials;
D. The National E1ectrieal Code, 1996 edition, published by the National Fire
Protection Association;
B. Adoption of Other Codes By Reference
In addition to the California Building Standards Codes, those certain rules and
regulations, as set forth in the following codes, and appendiees are hereby adopted by
reference and shall regulate the erection, construction, alteration, repair, removal and
maintenance of all buildings and other struetures in the city:
(1) Uniform Housing Code *, 1997 edition, published by the International
Conference of Building Officials;
(2) Uniform Administrative Code *, 1997 edition, published by the International
Conference of Building Officials.
(3) Uniform Code For the Abatement of Dangerous Buildings *, 1997 edition,
published by the International Conference of Building Officials.
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Projects.
107.4.1
Plan Review Extensions for Phased Projects
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For projects that are to be constructed in phases, such as tract housing, the
Building Official may grant additional extensions of time that may be deemed
reasonable. At the time of the adoption of any new or updated code provisions,
plan reviews that were submitted more than one year prior to the effective date of
such codes shall expire. Such projects shall be required to update their plans
based on the new code requirements and resubmit for plan review. Fees for such
plan reviews shall be commensurate with the extent of the work neeessary to
review the plans under the new code provisions."
SECTION 4: Section 15.04.080, Subsection B, Subsection 2 of the San
Bernardino Municipal Code relating to fee exemptions is amended to read as follows:
"2. Natural Disaster Damage - No fees shall be charged for permits issued to
owners for demolition or first rebuilding of damaged or destroyed struetures located in an area
designated as a disaster area by resolution of the Mayor and Common Council. This exemption
shall apply only to property owners ofrecord at the time of the disaster, and not to persons
subsequently acquiring the property. This fee exemption shall be valid for a period of 7 (seven)
years from the date of the adoption of the resolution."
SECTION 5: Section 15.10.040, subsection B of the San Bernardino Municipal
Code relating to Foothill Fire Zone Building Standards is amended to read as follows (Express
findings oflocal neeessity are provided in Section I):
"B. Existing Structures
For existing structures, retrofitting of an element is required when more
than 25% replacement of that element occurs. An addition to an existing
structure need not comply with these standards if the addition does not
exceed 25% of the floor area of the existing structure and the existing
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structure was not required to meet these requirements when originally
construeted. Retrofitting of an entire structure is required when a
combination of elements are replaced or other repairs are made equal in
value to 50 % or more of the replacement cost of the structure as
determined by the building official. Alterations made to a structure shall
not increase the degree of non-conformity in regards to these standards."
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KC-l047
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AN ORDINANCE.., AMENDING SECTIONS 15,04,020, l5.04,080B2, l5.10,040B, AND
2 ADDING SECTION 15.04.055 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE ADOPTION OF THE 1998 EDITION OF THE CALIFORNIA
3 BUILDING STANDARDS CODE AND OTHER RELATED CODES, AND AMENDING
THOSE CALIFORNIA BUILDING STANDARDS AS IDENTIFIED HEREIN,
4 THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY,
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7 Common Council of the City of San Bernardino at a i oint regular
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
held on the 17
day of
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Council Members
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11 ESTRADA
12 LIEN
13 MCGINNIS
14 SCHNETZ
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17 ANDERSON
DEVLIN
18 MILLER
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meeting thereof,
May , 1999, by the following vote, to wit:
AYES NAYS ABSTAIN ABSENT
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~I h.~
Cit Clerk
The foregoing resolution is hereby approved this >>11.
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25 Approved as to form
and legal content:
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1999.
JAMES F. PENMAN
City Attorney
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May
VALLES, Mayor
San Bernardino
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