HomeMy WebLinkAbout06.C- Community Development ORDINANCE (ID#2792) DOC ID: 2792 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Tony Stewart M/CC Meeting Date: 12/16/2013
Prepared by: Brenda Leggitt, (909) 384-5057
Dept: Community Development Ward(s): All
Subject:
An Ordinance of the City of San Bernardino Amending Various Sections of Chapter 15.04, and
Sections 15.10.040, 15.10.080, 12.32.020 and Repealing Sections 15.04.110 and 12.32.060 of
the San Bernardino Municipal Code and Adopting by Reference the 2013 Edition of the
California Building Standards Code, Known as the California Code of Regulations, Title 24
(CCR, T-24), Incorporating the California Building Code, 2013 Edition, the California
Mechanical Code, 2013 Edition , the California Plumbing Code, 2013 Edition, the California
Electrical Code, 2013 Edition, the California Residential Code, 2013 Edition, and Adopting the
Uniform Housing Code, 1997 Edition, the Uniform Administrative Code, 1997 Edition, the
Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, and Amending Those
California Building Standards as Identified Herein,through Express Findings of Local Necessity.
(#2792)
Current Business Registration Certificate:
Financial Impact:
No appreciable financial impact should result from the adoption of these changes.
Mayor to open the hearing. . .
Motion: Close the hearing; and lay over Ordinance for final adoption.
Synopsis of Previous Council Action:
None.
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 2013 edition of the California Building Code, the 2013 edition of the California
Residential Code, the 2013 edition of the California Electrical Code, the 2013 edition of the
California Mechanical Code, the 2013 edition of the California Plumbing Code,the 2013
California Green Building Standards Code and the 2013 edition of the International Existing
Building Code. In addition, the California Building Standards Code includes numerous
amendments to these model codes adopted by various State agencies. Pursuant to Health and
Safety Code Section 18938,these building standards are applicable to all occupancies throughout
the State. The California Building Standards Commission has set January 1, 2014 as the
effective date of the new codes. The adoption of these codes as part of the City's Municipal
Code provides for local enforcement and administration.
Updated: 12/10/2013 by Henry Empeno Jr.B Packet Pg Q7
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2792
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 2 of the proposed ordinance provides findings for the
amendments found in Sections 3 through 26. These findings provide clarification as to the
necessity of the amendments. As in the past, the Department's philosophy has been to keep such
amendments to a minimum in keeping with the spirit and intent of the law and to provide
uniform construction standards throughout the State.
All of the amendments are substantially the same as those previously adopted and currently
contained in the Municipal Code. These amendments include minimum housing standards,
administrative provisions,provisions for the abatement of dangerous buildings, standards for
swimming pool, spa and hot tub barriers, building standards for high fire hazard zones (foothill
fire zones) and procedures for grading operations and on-site improvements.
A number of existing sections are being amended or repealed because changes in the new
version of the California Building Standards Codes will make them unnecessary, redundant, or
otherwise inapplicable.
City Attorney Review:
Supporting Documents:
ord 2792 (PDF)
Updated: 12/10/2013 by Henry Empeno Jr. B Packet Pg. 508
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING VARIOUS
3 SECTIONS OF CHAPTER 15.04, AND SECTIONS 15.10.040, 15.10.080, AND 12.32.020 AND
REPEALING SECTIONS 15.04.110 AND 12.32.060 OF THE SAN BERNARDINO MUNICIPAL
4 CODE AND ADOPTING BY REFERENCE THE 2012 EDITION OF THE CALIFORNIA
5 BUILDING STANDARDS CODE, KNOWN AS THE CALIFORNIA CODE OF
REGULATIONS, TITLE 24 (CCR, T-24), INCORPORATING THE CALIFORNIA BUILDING
6 CODE, 2013 EDITION; THE CALIFORNIA MECHANICAL CODE, 2013 EDITION; THE
CALIFORNIA PLUMBING CODE, 2013 EDITION; THE CALIFORNIA ELECTRICAL
7 CODE, 2013 EDITION; THE CALIFORNIA RESIDENTIAL CODE, 2013 EDITION; AND
8 ADOPTING THE UNIFORM HOUSING CODE, 1997 EDITION; THE UNIFORM
ADMINISTRATIVE CODE, 1997 EDITION; THE UNIFORM CODE FOR THE ABATEMENT
9 OF DANGEROUS BUILDNGS, 1997 EDITION; AND AMENDING THOSE CALIFORNIA
BUILDING STANDARDS AS IDENTIFIED HEREIN, THROUGH EXPRESS FINDINGS OF c
to LOCAL NECESSITY. 2
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WHEREAS, pursuant to California Health and Safety Code Section 17960, local agencies are
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13 required to enforce building regulations imposed by Section 17922 of the California Health and Safety
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14 Code; and
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15 WHEREAS, pursuant to Section 17958 of the California Health and Safety Code, a city may
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make changes in the provisions adopted pursuant to Section 17922 of the California Health and Safety c,,
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Code through express findings of local necessity; and
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WHEREAS, it is necessary to update the codes incorporated into the San Bernardino E
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Municipal Code, and a
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
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BERNARDINO DO ORDAIN AS FOLLOWS:
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26 SECTION 1. Effective Date. This ordinance shall be effective 30 days following final
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adoption.
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1 SECTION 2. Findings of Local Necessity. Pursuant to Health and Safety Code Sections
2 17958.7 and 18941.5 a local governing body must make express findings that amendments to state
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building standards are necessary because of local climatic, geological, or topographical conditions. The
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5 following findings, applicable to those sections of the San Bernardino Municipal Code referenced
6 herein, are hereby made:
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8 1.1 In regard to 15.04.020 B(1): It is hereby determined and found that the alternate abatement
9 procedures and requirements contained in the Uniform Housing Code, the Uniform Code for the
10 Abatement of Dangerous Buildings, and Chapter 8.30 of this code, are equivalent to those provided by 2
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the State Housing Law(CCR, Title 25). Q
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1.2 In regard to 15.04.020 13(2): The Uniform Administrative Code provides standard administrative 0
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14 requirements for the enforcement of the codes. Such requirements do not constitute "building 2
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15 standards"as defined by law, and therefore a finding of local necessity is not required. C14
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16 1.3 In regard to 15.04.020 B(3): A number of factors necessitate the adoption of the Uniform Code N
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for the Abatement of Dangerous Buildings. There exists in the City a number of dilapidated and
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19 abandoned buildings, which negatively impact the health and safety of the community. Due to the
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20 City's relatively temperate winter climate, vagrants are attracted to the area and may illegally occupy
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many of these substandard structures. The City has experienced numerous structural fires in abandoned
22 buildings which may be caused by the warming fires of vagrants, arson, or other factors. Several lives
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24 have been lost in such fires. Due to the propensity of high winds and hot dry weather resulting from
25 "Santa Ana Wind" conditions, adjacent occupied structures and vegetated areas are threatened by fires
26 originating in abandoned buildings.
27 1.4 In regard to 15.04.065, 15.04.070, 15.04.075, 15.04.100, 15.04.125, 15.04.130, 15.04.163,
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15.04.165, 15.04.167, 15.04.175, 15.04.179, 15.04.180, 15.04.220, 15.04.230, and 12.32.020:
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1 Administrative requirements do not constitute "building standards" as defined by law, and therefore a
2 finding of local necessity is not required.
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4 1.5 In regard to 15.04.020 B(5): Patio covers are particularly susceptible to damage from high winds
5 experienced in many areas of the City.
6 1.6 In regard to 15.04.020B(4), 15.04.120, and 15.04.210: The City is subject to a number of
7 geological hazards which impact grading operations and the construction of buildings. Two major
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earthquake faults traverse the City; the San Jacinto Fault through the western portion of the City, and the
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infamous San Andreas Fault to the north. Large portions of the City are subject to liquefaction during c
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1 seismic events due to poor soil conditions and high water tables. The potential exists for damage due to cL
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12 erosion and landslides caused by ground saturation from heavy rains in the City's foothill areas. In a
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13 addition, high winds create unique problems for grading operations. As a result, proper grading T
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procedures and their enforcement are necessary to mitigate the potential for loss of life and property m
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16 damage. N
17 1.7 In regard to 15.04.200 and 15.04.220: At times the City is subject to flooding and soil erosion as N
i8 a result of severe precipitation. Provisions for adequate erosion control measures are necessary to °
19 minimize damage caused by flooding and erosion. E
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21 1.8 In regard to 15.04.114: Due to extreme summer temperatures and a multitude of private a
22 swimming pools in residential neighborhoods, unsupervised children can be enticed or attracted to such
23 pools which may result in drowning injuries or deaths. Therefore adequate standards for swimming pool
24 barriers are necessary.
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1.9 In regard to 15.04.221: Retaining walls may be employed to stabilize surcharges due to site
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27 specific topographical features such as steep slopes. When so employed, retaining walls create a falling
28 hazard when the upper slope is accessible to pedestrian activity.
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1 1.10 In regard to 15.10.040, and 15.10.080: Within the foothill areas of the City the threat of wildland
2 fires is an ever-present danger. The Panorama Fire of 1980 destroyed approximately 350 homes and
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burned 41,000 acres. Another 330 homes were lost in the Old Waterman Canyon Fire in 2003.
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5 Wildland fires, aggravated by Santa Ana winds, dry brush, and steep hillside terrain can overcome
6 available fire fighting resources, and can burn out of control for days. Fire-resistive construction
7 standards for Very High Fire Hazard Severity Zones, formerly known as Foothill Fire Zones, are
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necessary to limit sources of ignition and the spread of fire in such areas.
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SECTION 3. Section 15.04.020 of the San Bernardino Municipal Code is hereby amended to c
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11 read as follows (Express findings of local necessity are provided in Section 2 for those
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12 subsections marked by an asterisk
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13 1115.04.020 Adoption of Codes by Reference c
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A. Adoption of the California Building Standards Code by Reference. m
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Those certain rules and regulations as set forth in the following codes are hereby adopted N
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17 by reference as the regulations governing the erection, construction, alteration, repair, °'
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18 removal, and maintenance of all buildings and other structures in the City: o
19 (1) The 2013 edition of the California Building Standards Code, known as the E
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California Code of Regulations, Title 24, incorporating those state adopted model codes a
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22 listed pursuant to Health and Safety Code Section 17922, and all state adopted
23 amendments thereon, and incorporating:
24 A. The California Building Code (CBC), 2013 edition, published by the International
25 Code Council;
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27 B. The California Electrical Code (CEC), 2013 edition, published by the National
28 Fire Protection Association;
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C. The California Mechanical Code (CMC), 2013 edition, published by the
2 International Association of Plumbing and Mechanical Officials;
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D. The California Plumbing Code (CPC), 2013 edition, published by the
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International Association of Plumbing and Mechanical Officials;
6 E. The International Existing Building Code (IEBC), 2013 edition, published by the
7 International Code Council.
8 F. The California Green Building Standards Code, (CGBSC), 2013 edition,
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published by the California Building Standards Commission. _
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11 G. The California Residential Code (CRC), 2013 edition, published by the 0000
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12 International Code Council.
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13 B. Adoption of Other Codes by Reference.
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In addition to the California Building Standards Codes, those certain rules and m
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regulations, as set forth in the following codes, and appendices are hereby adopted by N
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17 reference and shall regulate the erection, construction, alteration, repair, removal and ti
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Is maintenance of all buildings and other structures in the City: o
19 1 The Uniform Housing Code* UHC 1997 edition
( } g ( }, , published by the .International E
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Conference of Building Officials; a
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22 (2) Uniform Administrative Code* (UAC), 1997 edition, published by the International
23 Conference of Building Officials;
24 (3) Uniform Code for the Abatement of Dangerous Buildings* (UCADB), 1997 edition,
25 published by the International Conference of Building Officials;
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27 (4) California Building Code, Appendix Chapter J — Grading*, 2012 edition, published by
2$ the International Code Council.
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1 (5) International Residential Code, Appendix H — Patio Covers 2012 edition, published by
2 the International Code Council;
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(*Express findings of local necessity are provided in Section 2 of the adopting Ordinance.
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It shall be unlawful to erect, construct, alter, repair, remove or maintain any building or
6 structure, or grade or alter any land, in the City in violation of, or without complying with the
7 appropriate provisions of the above codes. Copies of each code shall be kept on file in the City
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Clerk's Office for inspection and reference and copies of each code shall be furnished to the
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Building Official and each deputy.
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11 In the event of any inconsistency or conflict between the above codes and the a
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12 requirements of other City ordinances or State statutes, the State statutes and City ordinances o
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13 shall govern."
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SECTION 4. Section 15.04.065* of the San Bernardino Municipal Code is hereby amended m'
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to read as follows:
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17 "15.04.065 CBC Chapter 1, Section 105.5.1 is added — Prima Facie Evidence of
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18 Abandoned Work. o
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19 Section 105.5.1 Prima Facie Evidence of Abandoned Work. E
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Failure on the part of the permittee to obtain an inspection and to demonstrate a
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22 substantial progress to the satisfaction of the Building Official within any 180 day period shall
23 be prima facie evidence that the work has been abandoned and the permit shall have expired."
24 SECTION 5. Section 15.04.070* of the San Bernardino Municipal Code is hereby amended
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to read as follows:
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27 "15.04.070 CBC Chapter 1,Section 113.1.1 is added—Board of Appeals Designated.
28 Section 113.1.1 Board of Appeals Designated.
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L) 1 1. The Board of Building Commissioners of the City of San Bernardino shall serve
2 as the Board of Appeals. The Building Official or his designee shall be Clerk of the
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Board. The Board shall have such duties as are delegated to it by the California Building
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5 Code (CBC) as adopted by the City, and other duties as may be delegated by other
6 provisions of the San Bernardino Municipal Code.
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7 2. All requests for appeal of administrative decisions of the Building Official to the Board
8 of Building Commissioners shall include a non-refundable appeals fee of Seventy-Five
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Dollars ($75)paid to the City."
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1 SECTION 6. Section 15.04.075* of the San Bernardino Municipal Code is hereby amended to F
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12 read as follows: -0a
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13 "15.04.075 CBC Chapter 1, Section 105.2, Item 2 is Amended — Fences Not Requiring a c
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Building Permit. m
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2. Fences not over 6 feet high, except concrete and masonry fences greater than three (3) N
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17 feet above grade. Masonry fences shall be constructed in accordance with the standard design
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18 specifications approved by the Building Official, unless an alternate engineered design is
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19 submitted and approved. Exemption from the permit requirements shall not be deemed as a E
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waiver of the design requirements contained in the San Bernardino Development Code as it a
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22 relates to the use or configuration of materials, or to the height of fences in front, side or rear
23 yards."
24 SECTION 7. Section 15.04.100* of the San Bernardino Municipal Code is hereby amended to
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read as follows:
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27 1115.04.100 CBC Section 2204.1.1 is added—Qualification of Welding Operators.
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1 Section 2204.1.1 Qualification of Welding Operators. In addition to Section 2204.1,
2 the following subsections shall govern all welding work:
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1. All welding shall be done by qualified operators approved by the Building Official. The
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5 Building Official shall prescribe rules and regulations for the tests of welders, and no
6 operator shall be approved by the Building Official unless and until he/she has first
7 successfully completed such tests as may be given by the Department of Adult-
8 Vocational Education of the San Bernardino City Schools, or San Bernardino Valley
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College, or has obtained such approval because he/she holds a current welding certificate c
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11 issued by an accredited testing agency based upon the requirements of the California -°a
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12 Department of Adult-Vocational Education. A certificate shall be issued to operators by c
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13 the Building Official upon successful completion of the required test or tests and/or c
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approval as aforesaid being obtained. Requests for the certificate shall be made by the m'
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operator within thirty (30) days after completion of the test. The certificate shall be valid N
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17 for two years. Subsequent certificates may be obtained by successful completion of
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18 required tests, or when the approved operator submits sufficient evidence to the c
19 Department of Adult-Vocational Education of the San Bernardino City Schools, or San E
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Bernardino Valley College that he/she has regularly engaged in such work and that such a
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22 work has been satisfactorily performed during the past year.
23 2. Every welder employed for welding of steel plate of No. 8 gauge thickness or less shall
24 be qualified for light gauge welding. Every welder employed for field welding shall be
25 qualified to weld in the flat, vertical and overhead positions. Welders, including light
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27 gauge welders who are employed for shop welding, shall be qualified in the flat, vertical
28 and horizontal positions.
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1 3. Structural steel welding operators shall be qualified as prescribed by the latest edition of
2 the Structural Welding Code of the American Welding Society.
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4. After a welder has passed the required tests, he/she must be capable of performing neat
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and consistently good work in actual operation. Carelessness, inability to maintain a
6 uniform arc and poor workmanship will be deemed sufficient cause for revocation of the
7 welder's certificate.
8 5. A fee of forty dollars ($40) will be charged by the City of San Bernardino for each
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original or renewed certificate, which shall be valid for two (2)years.
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11 6. At the time application is made, a certificate may be issued without examination upon 0
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12 presentation of proper evidence that the welder is currently approved for the position o
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13 either by the Department of Adult-Vocational Education or other acceptable proof of
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qualification. m
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7. Testing shall be done under the supervision of the San Bernardino City Schools, N
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17 Department of Adult-Vocational Education of San Bernardino Valley College or other °'
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18 accredited testing agency." o
19 SECTION 8. Section 15.04.110 of the San Bernardino Municipal Code is hereby repealed: E
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SECTION 9. Section 15.04.114* of the San Bernardino Municipal Code is amended to read as Q
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22 follows:
23 1115.04.114 CBC Section 3109.1.1 is added—Barriers for Swimming Pools, Spas and Hot
24 Tubs.
25 3109.1.1 Barriers for Swimming Pools. The requirements of CBC Section 3109, shall
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27 apply to single-family swimming pools, spas and hot tub barriers. Swimming pools, spas, and
28 hot tubs for which an application for a building permit was submitted prior to July 23, 1993 shall
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4 1 comply with the requirements contained in Chapter 15.48 of the San Bernardino Municipal
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Code."
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SECTION 10. Section 15.04.120* of the San Bernardino Municipal Code is amended to read
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5 as follows:
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6 1115.04.120 CBC Appendix J, Section J101.3 is added—Alquist-Priolo Earthquake Fault
7 Zones.
8 J101.3 Alquist-Priolo Earthquake Fault Zones. This chapter shall also include those
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requirements set forth in the "Alquist-Priolo Earthquake Fault Zoning Act (Division 2, Chapter c
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11 7.5, California Public Resources Code). This Act is intended to represent minimum criteria for OF
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12 all structures that fall within the boundaries as shown on the "Earthquake Fault Zones Maps" as c
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13 prepared by the California Division of Mines and Geology." c
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SECTION 11. Section 15.04.125* of the San Bernardino Municipal Code is amended to read m
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as follows: N
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i7 1115.04.125 CBC Appendix J, Section J101.4 is added—Enforcement Authority.
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18 J101.4 Enforcement Authority. The Building Official of the City of San Bernardino or c
19 his/her designee shall have the authority for the enforcement of CBC Appendix Chapter J and any E
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amendments thereto. " Q
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22 SECTION 12. Section 15.04.130* of the San Bernardino Municipal Code is amended to read
23 as follows:
24 1115.04.130 On-site Improvement Permit.
25 No person shall construct any on-site improvement for motor vehicle parking or vehicle
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27 circulation, the disposal of waste through a private sewer main, the conveyance of storm waters,
28 or landscaping and irrigation systems,without first obtaining a permit from the Building Official.
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I A permit issued by the Building Official for the purpose of construction of the improvements set
2 forth herein shall hereafter be known as an on-site improvement permit."
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SECTION 13. Section 15.04.163* of the San Bernardino Municipal Code is amended to read
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5 as follows:
6 1115.04.163 CBC Appendix J, Section J103.1.1 is added—Preparation of Grading Plans.
7 A grading plan and a grading permit shall be required for any grading activity involving more
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than 50 cubic yards. All grading plans shall be prepared by a registered civil engineer."
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SECTION 14. Section 15.04.165* of the San Bernardino Municipal Code is amended to read
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11 as follows: °
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12 1115.04.165 On-Site Improvement Plans and Specifications. o
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13 When required by the Building Official, plans and specifications, and verification of land c
14 use entitlement shall accompany each application for an on-site improvement permit. Plans and ra
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specifications required by the Building Official shall be prepared and signed by a registered civil
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17 engineer. Specifications may be incorporated into the plans as general notes in lieu of a separate N
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18 document. Verification of land use entitlement requirements are incorporated into the Grading o
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19 Policy promulgated by the Community Development Department." s
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SECTION 15. Section 15.04.167* of the San Bernardino Municipal Code is amended to read Q
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22 as follows:
23 "15.04.167 Information on On-site Improvement Plans.
24 On-site improvement plans shall contain all information set forth in CBC Chapter 1,
25 Section 105.3 and shall include additional information as required by the Building Official."
26
SECTION 16. Section 15.04.175* of the San Bernardino Municipal Code is amended to read
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28 as follows:
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1 1115.04.175 On-site Improvement Plan Review and Permit Fees.
2 When an on-site improvement plan is required to be submitted, a plan review fee shall be
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paid at the time of submittal of plans and specifications. Items to be reviewed shall be
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5 improvements including, but not limited to, paving, curbs, sidewalks, private sewer mains,
6 drainage facilities, landscaping, and irrigation systems.
7 Fees for each on-site improvement permit shall be paid to the City at the time of permit
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issuance.
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Said on-site plan review and permit fees shall be in an amount established by resolution c
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11 of the Mayor and Common Council." 0
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12 SECTION 17. Section 15.04.179* of the San Bernardino Municipal Code is amended to read c
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13 as follows:
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1115.04.179 Inspection of On-site Improvements. m
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All on-site improvements for which a permit is required shall be subject to inspection by N
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17 the Building Official or his/her designee." N
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18 SECTION 18. Section 15.04.180* of the San Bernardino Municipal Code is amended to read c
19 as follows: E
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1115.04.180 Bonds Required. a
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22 A grading permit shall not be issued unless the applicant has first posted with the
23 Building Official a good and sufficient surety bond, cash, or certificate of deposit in such an
24 amount as the Building Official shall estimate and determine to be necessary to cover the total
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cost of the project, including corrective work necessary to remove and eliminate geological
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hazards. The Building Official shall require a written itemized estimate of the costs of the
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28 grading. The amount of the required bond, cash, instrument of credit or certificate of deposit, is
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1 based on the estimate of cost and shall be given to the owner or applicant prior to the issuance of
2 the permit.
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When security for the grading is provided for a development on the site where the
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5 grading is to be done, the bond for the grading required shall be released upon submission of
6 evidence by the permittee to the Building Official that the grading work is complete and signed
7 off by the Construction Engineer.
8 An agreement between the Inland Valley Development Agency, or the San Bernardino
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International Airport Authority, and the City of San Bernardino, approved by the City Attorney o
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t t and unconditionally providing and guaranteeing that said Agency shall provide those grading and a
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12 other improvements and pay the costs thereof required, may be filed with the Building Official as o
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13 security in lieu of said bond, cash or certificate of deposit wherever said project is located in a c
14 redevelopment project area and the agreement recites that the street improvements are in m
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compliance with the Redevelopment Plan for said area and in furtherance of the public interest in y 16
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1 promoting public or private development." N
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18 SECTION 19. Section 15.04.200* of the San Bernardino Municipal Code is amended to read °
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19 as follows: E
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1115.04.200 CBC Appendix J,Section J110.1.1 is added—Planting of Slopes. Q
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J110.1.1 Planting of Slopes. The Building Official may waive the planting of any slope
23 less than 5 feet in vertical height. An automatic irrigation system shall be installed for planted
24 slopes unless recommended otherwise in the preliminary soils report or waived by the Building
25 Official. If required by the Building Official, a recommendation for types of planting materials
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shall be obtained from a Landscape Architect. The Landscape Architect shall, prior to final
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1 inspection, provide the Building Official with a statement that the planting has been done in
2 accordance with his recommendations approved by the Building Official."
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SECTION 20. Section 15.04.210* of the San Bernardino Municipal Code is amended to read
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5 as follows:
6 1115.04.210 CBC Appendix J, Section J113 is added—Grading Operations.
7 J113.1 General. All parties performing grading operations, under a grading permit
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issued by the Building Official, shall have verification of land use entitlement and shall take
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reasonable preventive measures, as directed by the Building Official and incorporated into the c
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i 1 Grading Policy promulgated by the Community Development Department, to avoid earth or r oa
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12 other materials from the premises being deposited onto adjacent streets or properties, by the c
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13 action of storm waters or wind, by spillage from conveyance vehicles or by other causes. c
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J113.2 Removal of Materials Within 24 Hours. Earth or other materials which are m'
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deposited on adjacent streets or properties shall be completely removed by the permittee as soon N
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17 as practical, but in any event within 24 hours after receipt of written notice from the City
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28 Engineer, Building Official, or NPDES Coordinator, or their designees, to remove the earth or c
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19 materials, or within such additional time as may be allowed by written notice. E
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J113.3 Noncompliance. In the event that any party performing grading shall fail to a
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22 comply with the requirements of this Section, the Building Official shall have the authority to
23 engage the services of a contractor to remove the earth or other materials. All charges incurred
24 for the services of the contractor shall be paid to the City by the permittee prior to acceptance of
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the grading."
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27 SECTION 21. Section 15.04.220* of the San Bernardino Municipal Code is amended to read
28 as follows:
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1 1115.04.220 CBC Appendix J,Section J110.3 is added—Final Reports.
2 J110.3 Final Reports. A statement from the Landscape Architect shall be submitted to
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the Building Official stating that the planting and irrigation system(s) have been installed in accordance
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5 with his recommendations."
6 SECTION 22. Section 15.04.221* of the San Bernardino Municipal Code is amended to
7 read as follows:
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1115.04.221 Guardrails for Retaining Walls.
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Retaining walls in excess of 30 inches above grade shall be provided with a protective
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11 fence or guardrail of a minimum height of 42 inches as prescribed in CBC Section 1013." o
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12 SECTION 23. Section 15.04.230* of the San Bernardino Municipal Code is amended to read
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13 as follows:
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"National Electrical Code Section 410.160 is added — Time Constraints for Decorative m'
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Lighting. °'
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17 410.160 Time Constraints for Decorative Lighting. The duration and use of temporary
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18 electrical power and lighting installations for holiday decorative lighting and similar purposes o
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19 shall be in accordance with the manufacturer's intended use and listing." E
20
SECTION 24. Section 15.10.040, of the San Bernardino Municipal Code is amended to read a
21
22 as follows:
23 6415.10.040 CBC Section 701A.3.2 is added—Existing Structures:
24 701A.3.2 Existing Structures. For existing structures, retrofitting of an element is
25
required when more than 60% replacement of that element occurs. An addition to an existing
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structure need not comply with these standards if the addition does not exceed 60% of the floor
27
28 area of the existing structure and the existing structure was not required to meet these
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1 construction standards when originally constructed. Retrofitting of an entire structure is required
2 when a combination of elements are replaced or other repairs are made equal in value to 60% or
3
more of the replacement cost of the structure as determined by the building official. Alterations
4
5 made to a structure shall not increase the degree of non-conformity in regards to these
6 standards."
7
SECTION 25. Section 15.10.080* of the San Bernardino Municipal Code is amended to read
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as follows:
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1115.10.080 Applicable Building Standards. o
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12 The building standards contained in the California Building Code, Chapter 7A, shall
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13 apply in the Foothill Fire Zones and in state designated Very High Fire Hazard Severity Zones.
14
In addition,the following requirements shall apply as noted herein: m
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16 A. Fencing shall be of approved noncombustible or ignition-resistant material. N
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17 B. Vinyl window frame assemblies shall have the following characteristics: ti
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18 1. Frames shall have welded corners and metal reinforcement in the interlock area; c
19 2. Dual-paned insulated glazed units with at least one pane of tempered glass; E
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20 v
3. Frame and sash profiles are certified in AAMA Lineal Certification Program a
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22 (verified by an AAMA product label or a Certified Products Directory);
23 4. Certified and labeled to ANSI/AAMA/NWWDA 101/I.S.2-97 for structural
24 requirements.
25 C. Roof mounted turbine vents shall not be permitted.
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D. All roof coverings shall be of non-wood materials with at least a Class A fire-retardant
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28 rating.
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6.C.a
1 E. All new residential structures located within the High Fire Hazard Severity Zone (except
2 those rebuilt due to damage or destruction from any one common fire or other
3
catastrophe) shall be provided with automatic fire sprinklers. If the floor area of an
4
5 existing residential structure is increased more than 60%,then the entire structure must be
6 retrofitted with fire sprinklers. The design and installation of fire sprinklers systems shall
7 be approved by the City Fire Department.
8 F. Paper-faced insulation shall be prohibited in attics or ventilated spaces."
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10 2
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11 SECTION 26. Section 12.32.020 of the San Bernardino Municipal Code is amended to read as -0000-
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12 follows: o
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13 1112.32.020 Assignment of Address Numbers c
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It shall be the responsibility of the Building Official, or his/her designee, to assign m'
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building address numbers. The Building Official shall give written notice to the owner, occupant, N
16
17 lessee, tenant, or subtenant of the assignment of an address number. Address numbers that are already
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18 in place shall not be required to be changed unless a conflict exists,the street name is changed, or some o
19 other condition occurs that necessitates an address be changed. The size and location of address E
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numbers shall be in accordance with the adopted Building and Fire Codes." a
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22 SECTION 27. Section 12.32.060 of the San Bernardino Municipal Code is hereby repealed.
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25 /U
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{
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I AN ORDINANCE ... AMENDING VARIOUS SECTIONS OF CHAPTER 15.04, AND SECTIONS
15.10.040, 15.10.080, AND 12.32.020 AND REPEALING SECTIONS 15.04.110 AND 12.32.060 OF THE SAN
2 BERNARDINO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2012 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE, KNOWN AS THE CALIFORNIA CODE OF REGULATIONS,
3 TITLE 24 (CCR, T-24), INCORPORATING THE CALIFORNIA BUILDING CODE, 2013 EDITION; THE
CALIFORNIA MECHANICAL CODE, 2013 EDITION; THE CALIFORNIA PLUMBING CODE,2013 EDITION;
4 THE CALIFORNIA ELECTRICAL CODE, 2013 EDITION; THE CALIFORNIA RESIDENTIAL CODE, 2013
EDITION; AND ADOPTING THE UNIFORM HOUSING CODE, 1997 EDITION; THE UNIFORM
5 ADMINISTRATIVE CODE, 1997 EDITION; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDNGS, 1997 EDITION; AND AMENDING THOSE CALIFORNIA BUILDING STANDARDS AS
6 IDENTIFIED HEREIN,THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY.
7 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting thereof, held on the
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10 day of ,2013,by the following vote, to wit: a
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t t Council Members: AYES NAYS ABSTAIN ABSENT -°a
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12 MARQUEZ
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13 JENKINS
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VALDIVIA
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SHORETT m
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VACANT N
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16 JOHNSON
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17 MULVIHILL N
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19 Georgeann Hanna, City Clerk E
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The foregoing ordinance is hereby approved this day of ,2013.
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23
PATRICK J. MORRIS, Mayor
24 City of San Bernardino
25 Approved as to form:
GARY D. SAENZ,
26 City Attorney
27 By: +cc) .
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