HomeMy WebLinkAbout21-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTIO~
From: MICHAEL E. HAYS, Director
ept: Development Services
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Subject: An Ordinance Adopting the 1998 California
Building Standards Code and Amendments
Thereon.
Date: April 21, 1999
Synopsis of Previous Council Action:
MCC DATE: May 3.1999
None
',- _4.
Recommended Motion:
That further reading of the Ordinance be waived and that said Ordinance be laid over for final adoption.
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Michael ys
Contact Person:,
Josellh Lease
Phone: 5171
Ward:
all
Supporting data attached: Staff Report
FUNDING REQUIREMENTS:
Amount:
-0-
Source (Acct. No.)
(Ace!. Description)
Finance:
Council Notes: ~ .::; hh~ #/7
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Agenda No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
~UBJECT:
n Ordinance Adopting the 1998 California Building Standards Code and Amendments Thereon.
BACKGROUND:
The State of California, under various statutes and titles, requires local governments to adopt and enforce the
California Building Standards Code. The State has updated its building codes by adopting the 1997 editions
of the Uniform Codes, and making amendments thereon. Pursuant to Health and Safety Code Section 18938
these building standards are applicable to all occupancies throughout the State. The effective date of these
codes has been set by the Building Standards Commission for July 1, 1999. The adoption of these codes as
part of the City's Municipal Code provides for local enforcement and administration.
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The California Health and Safety Code, Section 17958 provides that local jurisdictions may make
amendments to the building standards contained in these codes based on express findings that such
modifications are reasonably necessary because of local climatic, geological, or topographical conditions.
Section 1 of the Ordinance provides findings for the amendments found in Sections 2,3.4, and 5. These
findings provide clarification as to the necessity of the amendments. As in the past, our philosophy has been
to keep such amendments to a minimum in keeping with the spirit and intent of the law; to provide uniform
building standards throughout the state.
All of the amendments noted in Section 2 have been adopted in prior years, and thus are not new to the
\iIunicipal Code. They include minimum housing standards, administrative provisions, provisions for the
batement of dangerous buildings, standards for swimming pool barriers, requirements for reroofing,
standards for conventional framing requirements in high wind areas, requirements for flood-resistant
construction, and procedures for grading operations, respectively.
Section 3 provides an amendment which will allow additional extensions of time to obtain permits on a plan
review for projects which are built in phases over an extended period of time (such as tract housing). The
codes currently provide that plan reviews expire after 180 days and may be granted only one 180 day
extension. This is problematic for projects built in phases over a period of several years. There is no
legitimate reason that such projects, when ongoing, should expire and be subject to a new plan review,
unless code changes have occurred.
Section 4 amends a provision for the waiver of permit fees for the reconstruction of structures damaged by
natural disasters. It provides a limitation of 7 years on such waivers. As currently written, no time limit is
provided, and as a result we have recently provided fee waivers for permits relating to the Panorama Fire in
1980. FEMA will only reimburse the City for fee waivers during the first six months following a disaster.
Section 5 amends existing provisions to require compliance with fire resistive construction requirements when
substantial reconstruction of a building occurs. The City's Foothill Fire Zone Building Standards provide
construction requirements to limit fire exposure and the spread of fire for structures located in high fire
hazard zones.
lECOMMENDATION:
That further reading of the Ordinance be waived and that said Ordinance be laid over for final adoption.
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ORDINANCE NO.
A.:."i ORDINANCE OF THE CITY OF SA.:."i BERNARDINO A.:.'\'IENDlNG
3 SECTIONS 15.04.020, 15.04.080B2, 15.10.040B, AND ADDING SECTION 15.04.055
OF THE SAN BERNARDINO MUNICIPAL CODE A.:."iD ADOPTING BY REFERENCE
4 THE 1998 EDITION OF THE CALIFORNIA BUILDING STA.:."iDARDS CODE, KNOWN
AS THE CALIFORNIA CODE OF REGULATIONS, TITLE 24 (CCR, T-24),
5 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; A.:."iD
7 ADOPTING THE UNIFORM HOUSING CODE, 1997 EDITION, THE UNIFOR.'\I
ADMINISTRATION CODE, 1997 EDITION, THE UNIFORM CODE FOR THE
8 ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION, AND, A.:.'\'IENDDiG
9 THOSE CALIFORNIA BUILDING STA.:."iDARDS AS IDENTIFIED HEREIN,
THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY.
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WHEREAS, pursuant to California Health and Safety Code Section 17960, local
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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 \V'HEREAS, 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 necessity; and
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\VBEREAS, it is necessary to update codes incorporated into the San Bernardino
Municipal Code.
NOW, THEREFORE, THE MAYOR A..'ID COMMON COUNCIL OF THE CITY OF
21 S.~'" BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1: Findings of Local Necessity.
Pursuant to Health and Safery Code
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23 Sections 17958.7 and 18941.5 a local governing body must make express findings that
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amendments to state building standards are necessary because of local climatic, geological, or
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topographical conditions. The following findings, applic".ble to those sections of this code
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referenced herein, are herebv made:
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1.1 In regard to 15.04.020 B(I): 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 of factors 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 occupy 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 such fires. Due to the
propensity for high winds and hot weather experienced from "Santa Ana Wind" conditions,
adjacent 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 I, 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 of roof 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 of life in the event ofwildland
fires. As a result, it is necessary to adopt Appendix Chapter 15 in order to regulate reroofing
activity.
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
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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 necessary to mitigate the potential
for loss of life 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 ofIocal necessity is not required.
1.10 In regard to 15.10.040 B: Within the foothill areas of the City the threat of...ild1and
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 Municipal Code is hereby
amended as follows (Express findings of local necessity are provided in Section I for those
subsections marked by an asterisk (*)):
"15.04.020 Adoption of Codes By Reference
A. Adoption of the California Building Standards Code by Reference.
Those certain 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 Mechanical Code, 1997 edition, published by the International
Conference of Building Officials;
C. The Uniform Plumbing Code, 1997 edition, published by the International
Association ofPlurnbing and Mechanical Officials;
D. The National Electrical 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 appendices are hereby adopted by
reference and shall regulate the erection, construction, alteration, repair, removal and
maintenance of all buildings and other structures 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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21 ordinances shall apply."
22 SECTION 3: Section 15.04.055 of the San Bernardino Municipal Code is added
23 to read as follows (Express findings oflocal necessity are provided in Section I):
24 "15.04.055 UBC Section 107.4.1 is added - Plan Review Extensions for Phased
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(4) Uniform Building Code, Appendix Chapter 4, Division 1*,1997 edition,
published by the International Conference of Building Officials.
(5) Uniform Building Code, Appendix Chapter 15 *,1997 edition, published by the
International Conference of Building Officials.
(6) Uniform Building Code, Appendix Chapter 23 *, 1997 edition, published by the
International Conference of Building Officials.
(7) Uniform Building Code, Appendix Chapter 31, Division I *, 1997 edition,
published by the International Conference of Building Officials.
(8) Uniform Building Code, Appendix Chapter 33 *, 1997 edition, published by the
International Conference of Building Officials.
It shall be unlawful to erect, construct, alter, repair, remove or maintain any
building or structure in the City in violation of, or without complying with the
appropriate provisions of the above codes. Copies of each code shall be kept on file in
the City Clerks Office for inspection and reference and copies of each code shall be
furnished to the Director of Development Services.
In the event of any inconsistency or conflict between the above codes and the
requirements of other City ordinances or State statutes, the State statutes and City
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 necessary 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 structures 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 of record at the time of the disaster, and not to persons
subsequently acquiring the property. This fee exemption shall be valid for a period of7 (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 necessity are provided in Section I):
"B. Existing Structures
For existing structures, retrofitting of an element is required when more
than 25% replacement ofl"-at 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
constructed. 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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AN ORDINANCE... AMENDING SECTIONS 15.04.020, 15.04.080B2, 15.10.040B, 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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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and i
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meeting thereof, I
7 Common Council of the City of San Bernardino at a
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held on the
day of
, 1999, by the following vote, to wit:
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Council Members
AYES
NAYS
ABSTAIN
ABSENT
11 ESTRADA
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LIEN
MCGINNIS
SCHNETZ
DEVLIN
ANDERSON
18 MILLER
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City Clerk
The foregoing resolution is hereby approved this
day of
1999.
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25 Approved as to form
and legal content:
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JUDITH VALLES, Mayor
City of San Bernardino
JAMES F. PENMAN
City Attorney
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