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C.. Y OF SAN BERNARL ..~O - REQU_ST FOR COUNCIL At., (ION
From: JAMES F. PENMAN
Subject: ORDINANCE FOR ADOPTION OF UBC FEES
Dept:
CITY ATTORNEY
Date:
MARCH 28, 1988
Synopsis of Previous Council action:
2-1--88 - Mayor and Cornmon Council held public hearing with respeCt
to fees set forth in the Uniform Building Code and ratified
application of said fees within the City of San Bernardino,
and directed preparation of ordinance.
Recommended motion:
Adopt ordinance.
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,1 - ! 2:YV7'~<--
. IF
Signature
JAMES F. PENMAN
~"VA-'~
(~ -
../
Contact person:
Mark Sutton
Phone: 5274
Supporting data attached:
Yes
Ward: All
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
30,
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
15.04.020, 15.04.080, 15.04.082, 15.04.085, 15.04.100, 15.04.120,
15.04.140, 15.04.150, 15.04.167, 15.04,170, 15.04.175, 15.04.177
AND 15.04.190 OF THE SAN BERNARDINO MUNICIPAL CODE TO ADOPT THE
UNIFORM BUILDING CODE, 1985 EDITION, THE UNIFO~1 BUILDING CODE
STANDARDS, 1985 EDITION, UNIFORM HOUSING CODE, 1985 EDITION,
UNIFORM SIGN CODE, 1985 EDITION, UNIFORM ADMINISTRATIVE CODE,
1985 EDITION, UNIFORM SECURITY CODE, 1985 EDITION, UNIFORM
MECHANICAL CODE, 1985 EDITION, UNIFORM PLUMBING CODE, 1985
EDITION, UNIFORM SWIMMING POOL CODE, 1985 EDITION, NATIONAL
ELECTRICAL CODE, 1987 EDITION, STRUCTURAL WELDING CODE, 1986
EDITION, AND DECLARING THE URGENCY THEREOF.
WHEREAS, pursuant to California Health and Safety Code
Section 17958, the Uniform Building Code became effective
throughout the State of California on July 31, 1987; and
WHEREAS, on February 1, 1988, the Mayor and Common Council
held a public hearing with respect to the fees set forth therein,
independently and separate frofu the aforementioned State statute,
and took action to ratify the application of such fees within the
City of San Bernardino; and
WHEREAS, it is necessary to incorporate such changes into
the San Bernardino Municipal Code.
NOW, THEREFORE, THE HAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.04.020 of the San Bernardino
Municipal Code is amended to read as follows:
"15.04.020 Adoption of Codes.
Those certain rules and regulations which regulate the
erection, construction, enlargement, alteration, repair, moving,
removal, conversation, demolition, occupancy, equipment use,
height, area and maintenance of building or structures and the
installation and maintenance of heating, ventilating,
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1 refrigeration and related systems in the City, and which provide
2 for Uniform Building Code Standards for said building or
3 structures and minimum housing requirements for the protection of
4 life, limb, health and property and for the safety and welfare of
5 the general public and the owners and occupants of residential
6 buildings in the City, all as set forth in those certain codes,
7 appendices, and new standards, entitled "Uniform Building Code"
8 (and Uniform Building Code Appendix Chapter 1, Divisions I and
9 II, Chapter 7, Divisions I, 11, 23, 35, 49, 55, 57, 70), 1985
10 Edition; "Uniform Building Code Standards", 1985 Edition;
11 "Uniform Housing Code", 1985 Edition; "Uniform Sign Code", 1985
12 Edition; "Uniform Security Code", 1985 Edition; "Uniform
13 Mechanical Code" (and Appendix Chapters A through D), 1985
14 Edition: All published by the International Conference of
15 Building Officials; "Uniform Plumbing Code", (and Appendix
16 Chapters A through I and IAPMO Installation Standards), 1985
17 Edition; "Uniform Swimming Pool Code", 1985 Edition; the
18 "Guidelines for Solar Energy Installations", 1984 Edition: All
19 published by the International Association of Plumbing and
20 Mechanical Officials; "National Electrical Code", 1987 Edition,
21 as published by the National Fire Protection Association;
22 "Structural Welding Code (Steel)", 1986 Edition; published by the
23 American Welding Society; one copy of each code is on file in
24 thee Office of the City Clerk, and is identified by the following
25 certificate attached thereto, reading as follows:
26 'I, SHAUNA CLARK, hereby certify that one copy of the
27 annexed codes entitled "Uniform Building Code" {and Uniform
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1 Building Code Appendix Chapter 1, Divisions I and II, Chapter 7,
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Divisions I,ll, 23, 32, 35, 49, 55, 57, 70), 1985 Edition;
"Uniform Building Code Standards", 1985 Edition; "Uniform Housing
Code", 1985 Edition; "Uniform Sign Code", 1985 Edition; "Uniform
Administrative Code", 1985 Edition; "Uniform Security Code" 1985
Edition; "Uniform Mechanical Code", 1985 Edition; all as
published by the International Conference of Building Officials;
"Uniform Plumbing Code", (and appendix Chapters A through I, and
IAPMO Installation Standards), 1985 Edition; "Uniform Swimming
Pool Code", 1985 Edition; the "Guidelines for Solar Energy
Installations", 1984 Edition: all as published by the
International Association of Plumbing and Mechanical Officials;
"National Electrical Code", 1987 Edition, as published by the
National Fire Protection Association; "Structural Welding Code
(Steel)", 1986 Edition; published by the American Welding
Soc iety; was filed in my off ice on _______.___._ q __ _ ______-___,
and is a true, correct and complete copy of those certain codes
and supplements thereto referred in Ordinance No.
of
the City of San Bernardino and by said ordinance adopted by
reference and made a part thereof as fully as though set forth at
length.
SHAUNA CLARK
City Clerk of the
City of San Bernardino"
SECTION 2. Section 15.04.080 of the San Bernardino
Municipal Code is amended to read as follows:
"15.04.080 UBC Subsection 304(b) amended - Fees.
use Section 304(b) is amended as follows:
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1 'Section 304(b) Permit fees. The fee for each permit
2 shall be as set forth in Table Nos. 3-A through 3-D of the
3 Uniform Administrative Code, 1985 Edition, subject to such
4 amendments thereto as are adopted in this chapter.
5 The determination or value or valuation under any of
6 the provisions of this code shall be made by the building
7 official, based upon the latest publication of building valuation
8 data printed by the International Conference of Building
9 Officials bimonthly Building Standards magazine. The value to be
10 used in computing the building permit and building plan review
11 fees shall be the total value of all construction work for which
12 the permit is issued as well as all finish work, painting,
13 roofing, electrical, plumbing, heating, air conditioning,
14 elevators, fire-extinguishing systems and any other permanent
15 equ ipment. I"
16 SECTION 3. Section 15.04.082 of the San Bernardino
17 Municipal Code is amended to read as follows:
18 "15.04.082 UBC Subsection 304(c) amended - Fees.
19 UBe Section 304(c) is amended to read as follows:
20 'Section 304(c) Plan Review Fees. When a plan or
21 other data is required to be submitted by Subsection (b) of
22 Section 302, a plan review fee shall be paid at the time of
23 subnllttinq plans and specifications for review. Said plan review
24 fee shall be 65% of the building permit fee as shown in Table No.
25 3-A. A fee of 10% of building plan check fee shall be charged
26 for residential and nonresidential plan check and inspections to
27 meet any State mandated energy requirements. A fee of 10% of
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T ll. _ _ _
1 building plan check fee shall be charged for plan check and
2 inspections of any State mandated regulations relating to
3 handicappers imposed upon commercial, multi-family and public
4 buildings.
5 Where plans are incomplete or changed so as to
6 require additional plan review, an additional plan review shall
7 be charged at the rate shown in Table No. 3-A.'"
8 SECTION 4. Section 15.04.085 of the San Bernardino
9 Municipal Code is amended to read as follows:
10 "15.04.085 Uniform Building Code, 1985 Edition and Uniform
11 Administrative Code, 1985 Edition, Table 3-A Amended - Building
12 Permit Fees.
13 "Uniform Building Code, 1985 Edition and Uniform
14 Administrative Code, 1985 Edition, Table No. 3-A is amended by
15 adding 5, 6 and 7 to Other Inspection and Fees:
16 5. A fee in the sum of fifty dollars for the inspection of
17 any existing property or building required to be made by the
18 Department of Building and Safety for compliance with the
19 National Housing Act, Section 221(d) (2) or other lending
20 institutions and regulations thereunder shall be paid to the City
21 by the applicant for such inspection service.
22 6. A fee in the sum of twenty-five dollars for the
23 inspection of a room addition, garage, patio, or other portion of
24 a building when the entire building need not be inspected.
25 7. An annual sign permit fee for off-premise signs shall
26 be ten dollars due and payable on the second day of January in
27 any year, which fee shall be doubled if the permit is not
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obtained by the thirty-first day of January; however, where the
sign is first eLected after January 31 of that year, only the ten
dollar fee shall apply.'"
SECTION 5. Subsection (c) of Section 15.04.100 of the San
Bernardino Municipal Code is amended as follows:
"(c) Structural steel welding operators shall be qualified
as prescribed in the Steel Welding Code, latest edition, of the
American Welding Society and Chapter 27, Section 27-01 to 27-10,
Uniform Building Code Standards, 1985 Edition."
SECTION 6. Section 15.04.120 of the San Bernardino
Municipal Code is amended as follows:
"15.04.120 UBC Section 7000 added - Definitions.
UBC Section 7000 is added to read as follows:
'Section 7000. The words "Building Official" as
hereinafter used shall mean Director of Public Works/City
Engineer. The term "Engineering Geologist" as hereinafter used
shall mean a geologist registered in the State of California to
practice in the field of engineering geology.'"
SECTION 7. Section 15.04.140 of the San Bernardino
Municipal Code is amended as follows:
"15.04.140 UBC Subsection 7006 (d) (6) added - Retaining
Walls.
USC Subsection 7006(d) (6) is added to read as follows:
'Sect ion 7006 (d) (6). Reta in ing walls in excess of
2.5 feet in height shall be provided with a protective fence or
guar~rail of a minimum height of 3.5 feet per Section 1716 when
there is a reasonable expectation of pedestrian traffic along or
near said wall.'"
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1 SECTION 8. Section 15.04.150 of the San Bernardino
2 Municipal Code is amended to read as follows:
3 "15.04.150 DBC Subsection 7006(d) (7) added - Driveways.
4 DBC Subsection 7006(d) (7) is added to read as follows:
5 'Section 7006 (d) (7). Driveways to residential
6 garages of more than thirty feet in length shall extend for a
7 minimum distance of twenty feet from any garage, on a maximum
8 grade of five percent. Driveways less than thirty feet in length
9 shall have a maximum grade of eight percent. No portion of any
10 driveway shall exceed a grade of twenty percent. Driveways shall
11 be designed so that the algebraic difference in grades will not
12 cause a car to drag or hang up. See Section 202(i).'"
13 SECTION 9. Section 15.04.167 of the San Bernardino
14 Municipal Code is amended to read as follows:
15 "15.04.167 DBC Subsection 7006(i) added - Information on
16 On-Site Improvement Plans.
17 DBC Subsection 7006(i) is added to read as follows:
18 'Section 7006(i). Information on On-Site Improvement
19 Plans. On-site improvement plans shall contain all information
20 set forth in Section 7006(d) of the DBe and shall include the
21 following additional information:
22 1. Elevat ions of top of curb, back of s idewa1 k, and f in ish
23 surface of pavement.
24 2. Flow line elevations, and rates of grade of curb and
25 gutter, ribbon gutters, drainage facilities, and private sewer
26 mai.ns.
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3. Detailed plans of planter curbs, curb and gutter,
2 ribbon gutters and drainage facilities.
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4. Detailed specifications of materials including portland
4 cement concrete, asphalt concrete, aggregate base, sewer pipe and
5 pipe bedding.
6 5. Size and number of parking spaces, directional signs
7 and striping.
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6. Parking lot lights and conduits.'"
SECTION 10. Section 15.04.170 of the San Bernardino
Municipal Code is amended to read as follows:
"15.04.170 DBC subsection 7007(c) amended - Grading permit
fees.
DBe subsection 7007(c) is amended to read as follows:
'Section 7007(c) Grading Permit Fees. A fee for each
15 grading permit shall be paid to the Building Official as set
16 forth in Table No. 70-B.
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TABLE 70-A:
PLAN CHECKING FEES
50 cubic yards or less
51 to 100 cubic yards
101 to 1000 cubic yards
1001 to 10,000 cubic yards
10,0001 to 100,000 cubic yards -
200,001 cubic yards or more
No fee
$15.00
$22.50
$30.00
$30.00 for the first
10,000 cubic yards plus
$15.00 for each additional
10,000 cubic yards or
fraction thereof.
100,001 to 200,000 cubic yards - $165.00 for the first
100,000 cubic yards plus
$9.00 for each additional
10,000 cubic yards or
fraction thereof.
- $225.00 for the first
200,000 cubic yards, plus
$4.50 for each additional
10,000 cubic yard or
fraction thereof.
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TABLE 70-B:
GRADING PERMIT FEET
50 cubic yards or less
51 to 100 cubic yards
101 to 1,000 cubic yards
$15.00
$22.50
- $22.50 for the first 100
cubic yards, plus $10.50
for each additional 100
cubic yards or fraction
thereof.
- $117.00 for the first
100,000 cubic yards, plus
$9.00 for each additional
1,000 cubic yards or
fraction thereof.
- $198.00 for the first
10,000 cubic yards, plus
$40.50 for each additional
10,000 cubic yards or
fraction thereof.
- $562.50 for the first
100,000 cubic yards, plus
$22.50 for each additional
10,000 cubic yards or
fraction thereof.
1,001 to 10,000 cubic yards
10,001 to 100,000 cubic yards
100,001 cubic yards or more
The fee for a grading permit authorizing additional work to
that under a valid permit shall be the difference between the fee
paid for the original permit and the fee shown for the entire
project. '"
SECTION 11. Section 15.04.175 of the San Bernardino
Municipal Code is amended as follows:
"15.04.175 UBe Section 7007(d) added - On-Site Improvement
Plan Review Fees.
UBC Section 7007(d) is added to read as follows:
'Section 7007(d). On-Site Improvement Plan Review
Fees.
When an on-site improvement plan is required to be
submitted, a plan review fee sllall be paid at the time of
submitting plans and specifications for review. Said review fee
shall be in an amount established by resolution of the Mayor and
Common Council.
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1 Items to be reviewed are "hard-surface" improvements
2 including, but not limited to, paving, curbs, sidewalks, private
3 sewer mains and drainage facilities. The review of landscaping,
4 and irrigation are not included in the on-site improvement plan
5 review. '"
6 SECTION 12. Section 15.04.177 of the San Bernardino
7 Municipal Code is amended as follows:
8 "15.04.177 UBC Section 7007(e) added - On-Site Improvement
9 Permit Fees.
10 UBe Section 7007(e) is added to read as follows:
11 'Section 7007(e). On-site improvement permit fees.
12 A fee for each or.-site improvement permit shall be paid to the
13 City Engineer. Said fee shall be in an amount established by
14 resolution of the Mayor and Common Council.'"
15 SECTION 13. Section 15.04.190 of the San Bernardino
16 Municipal Code is amended as follows:
17 "15.04.190 UBC subsection 7011(b) amended - Setbacks from
18 property lines.
19 URe subsection 7011(b) is amended to read as follows:
20 'Section 7011(b). Setbacks from property lines. The
21 top cuts and toes of fill slopes shall be set back from the
22 property lines and outer boundaries of the permit area, including
23 slope-right areas and easements in accordance with Figure No. 70-
24 I.' "
25 SECTION 14. This ordinance is an urgency measure, which
26 shall take effect and become operative upon its adoption and
27 approval. The facts constituting such urgency are that
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amendments to Title 15 of the San Bernardino Municipal Code as
well as the Uniform Building Code, 1985 Edition, the Uniform
Building Code Standards, 1985 Edition, Uniform Housing Code, 1985
Edition, Uniform Sign Code, 1985 Edition, Uniform Administrative
Code, 1985 Edition, Uniform Security Code, 1985 Edition, Uniform
Mechanical Code, 1985 Edition, Uniform Plumbing Code, 1985
Edition, Uniform Swimming Pool Code, 1985 Edition, National
Electrical Code, 1987 Edition, and Structural Welding Code, 1986
Edition, shall be effective as of February 1, 1988. The
provisions of this ordinance are necessary to achieve consistency
in the effective date of amendments to Title 15 and to all the
Uniform Codes amended herein, and to give developers timely
notice of the effective date of all of the amendments.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held
on the ______ day of ____________, 1988, by the following
vote, to wit:
AYES:
Council Members __________________
-------..---.------- -.---..---------
NAYS:
ABSENT:
_._-----,~-_.._._._---_._---_.__._-_.._----------------.-_.----
City Clerk
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The foregoing ordinance is hereby approved this
day 0 f ___________ ___________, J 988
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legaJ content:
,.-;;
:7 " <; ....7,
/City Attorney
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3160-B Little Mountain Dr.
San Bernardino, CA 92405
March 23, 1988
Shauna Clark
City Clerk
City Hall
Dear Ms. Clark:
Please place the enclosed letter to the Mayor and Common
Council on the next agenda.
The alleged loss of $300,000 in building permit fees can be
attributed to the failure of the City Attorney to advise the
City Council in August, 1987, that the State Building Standards
Commission had adopted standards, not the building permit fees
as set forth in the Uniform Building Code.
Very Truly Yours,
cc: Mayor
City Council
City Administrator
~ /f.j/~
.; J b n - B Lit '-- 1 c' ,\ l ~, u n r d i r': ;) r .
62.fl BerndnU no. C.n.. 92,H)~J
?:\arch 23. 1988
t:ono!';)b \ e :'.layrJ[' ar;d CommnrJ Counc i }
City Hd 1 :
D~a1' f'ldYG rand C'crnr.e,Ci Counc ii :
On F,:,:,bruClry 9. 1988. thf; frnnt pa(je of The S'.m ci:1rT~ed City
Atturney L;ames FenmAn' s cha1'qes that t.he ci t.y cdrr.-jnist.l-ar.~c}n
lost Sjf)O,OOO by ;'10~,~ coL1ectinq a 'JO't JnCl'C'JS(.! in builrlinq [.enTll:
fees thd t tock (~r rec~ automa t ic;:d 1./ 1 as t Jul y 1 ge:', under state
tcE';, :"11'. r)'-~nt'"la.n ':!rot(~ 2 leq:Jl opinion to that effect. H~,:~ is
I,-,Tong.
~.jpa' ',tl., and ("-'f ,.,-\, Cc)(k~ s8ctlon 1 ?9~}8 pro'itd,,,,s that ,l f' a C1 ty does
.' __ L I ......") Ct 1:..:.. t_, J
n~~;.t. arnE,nd oLdi~lance'S t() impose req1.li rements punl istl"':d in '..:h.;:~
:::';tr~t.-:~ E~t~11{Jir!~~ St.c~nd.al"(ls c~rJdt?,. the ~~Io\;isi()rlS in Sll(~t.-; Stc.1t-.e (~(~(1t:~
~:;hulL be 3pf.llc.3blc to the clt';/ leO d,~)ys dft~-,r- publici>tion. The
S~~aLe Buildin"i Stand,uds Cormnissj,::,.n did r,ot .',dopt buiJdlnq pe1'mi,t:
+eC'~ en'pi 1r:~i~J:},lE': tr..:.' (:iti<-';s 0nd COdT:ti,cs. Thcn~fore. tr'2 st:,mda;:'.Js.
no!. tr,oS f(:(,~s, ~'J(~~'(~ dutomdticully r:ladf,~ dpplicable to cities cln~~
cOUjJ t i ie:S.
~pp'l:",;ntly ~'1r. I-',::'nmdr\ fdi.led t.:J u:;ad '!ltlf' 21 of t.h8 California
Administrdt~i.\":o C,...de: nC'r did n': make dr(~' effort LG contact the
State Huildlnq :itcmdin'ds C'Offifl'issiofj or al,y city or county Supe1'-
ir.terdcn:, of f.;\JiJd~nq drJd ~~afcly t~o \arify hi~.; 18<;3.1 opinion.
fkdldi.nq T-'~:'!mit fe<:~s ha\'e ;31\-.:a,:,s be'c'n left tv l02al det.ermlruUc'j
because t.h:::~ ccst of iss'Jinn permits dnd inspection of Duildlnqs
\.arjes an~onq Jocal )',lLlsd;ctions of ci~.i('~s and counties.
r ;1;';' nonp:used Lmd <it. d LC)SS to ur:der'stand h')h' such in',:alid
C!liJIg.;:~S c.:'Duld ['>:'_'rsi.st 1'.;. [r:ontrn aft..:f)r front. pa.t::]e ne....lspaper publl-
,.[ t:y' iHH.l tJe melde pi'irt of t.ne qrounds ~o fOr(;8 the n~signat~on of
~he City Administrator.
'\s 1<>:'.1 knu\-!, the :').3::h cf office of p\lblic officL3.;s require3
(,b,,'dience lC lhe La','i. ~i,:)t obecience to bad or' political.ly motj-
',',lU:,'l If'odl ad'.lce (;f the Citv Attor-ney.
I respcci.:t"..il1y C~,'qlwSt ;-hat you dirc:ct lhe C'jt:/ ;\~.torn';v to
correc t. in L'C it; ng ti i s ~ eq;)] op in j on cor,'~err)j ng the hu iJ. oj inc;
pe['mi t fe,,~s.
My bost WIshes upon your del~be1'ations.
H8spectfully 'yours.
~#-, tP~