HomeMy WebLinkAbout09- Community Development ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Interim Director Subject: Ordinance amending and repealing
various sections of the San Bernardino
Dept: Community Development Municipal Code and adopting the 2010
California Building Standards Codes and
Date: October 7, 2010 amendments thereon.
M/CC Meeting Date: Nov. 1, 2010
Synopsis of Previous Council Action:
None
Recommended Motion:
That said Ordinance be laid over for final adoption.
Valerie C. Ross
Contact person: 1n-,eph LenSP. Phone- (909) 3g4-5171
Supporting data attached: Staff Report/Ordinance Ward: All
FUNDING REQUIREMENTS: Amount: -0-
Source: (Acct. No.)
(Acct De-,Crintinn)
Finance:
Council Notes:
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Agenda Item No. /
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
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Subject:
An Ordinance amending and repealing various sections of the San Bernardino Municipal Code
and adopting the 2010 California Building Standards Codes 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 2009 edition of the International Building Code,the 2009 edition of the
International Residential Code, the 2008 edition of the National Electrical Code,the 2009 edition
of the Uniform Mechanical Code,the 2009 edition of the Uniform Plumbing Code, and the 2009
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, 2011 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.
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 barriers, building standards for high fire hazard zones (foothill fire zones) and
procedures for grading operations and on-site improvements. Some of the amendments are
necessitated by the recent reorganization of the Public Works and Community Development
Departments, wherein a number of responsibilities have been transferred from the City Engineer
to the Building Official (re: Sections 11-21 and 26).
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. For example,the provisions that are being deleted from SBMC Chapter
a
15.10 are now included in the CA Building Code Chapter 7A regarding high fire zone standards.
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CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report continued
Financial Impact:
No appreciable financial impact should result from the adoption of these changes.
Recommendation:
That said Ordinance be laid over for final adoption.
COPY
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
3 15.04.020, 15.04.065, 15.04.070, 15.04.075, 15.04.100, 15.04.114, 15.04.120, 15.04.125, 15.04.130,
15.04.163, 15.04.165, 15.04.167, 15.04.175, 15.04.179, 15.04.180, 15.04.200, 15.04.210, 15.04.220,
4 15.04.221, 15.04.230, 15.10.040, 15.10.080, AND 12.32.020 AND REPEALING SECTIONS,
5 15.04.110 AND 12.32.060 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING
BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA BUILDING STANDARDS
6 CODE, KNOWN AS THE CALIFORNIA CODE OF REGULATIONS, TITLE 24 (CCR, T-24),
INCORPORATING THE INTERNATIONAL BUILDING CODE, 2006 EDITION, THE
7 UNIFORM MECHANICAL CODE, 2006 EDITION, THE UNIFORM PLUMBING CODE, 2006
8 EDITION, THE NATIONAL ELECTRICAL CODE, 2005 EDITION; AND ADOPTING THE
UNIFORM HOUSING CODE, 1997 EDITION, THE UNIFORM ADMINISTRATIVE CODE,
9 1997 EDITION, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDNGS, 1997 EDITION, AND AMENDING THOSE CALIFORNIA BUILDING
10 STANDARDS AS IDENTIFIED HEREIN, THROUGH EXPRESS FINDINGS OF LOCAL
11 NECESSITY.
12 WHEREAS, pursuant to California Health and Safety Code Section 17960, local agencies are
13 required to enforce building regulations imposed by Section 17922 of the California Health and Safety
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Code; and
15
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WHEREAS, pursuant to Section 17958 of the California Health and Safety Code, a city may
17 make changes in the provisions adopted pursuant to Section 17922 of the California Health and Safety
18 Code through express findings of local necessity; and
19
20 WHEREAS,it is necessary to update the codes incorporated into the San Bernardino
21 Municipal Code,and
22
23 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
24 BERNARDINO DO ORDAIN AS FOLLOWS:
25
26
27 SECTION 1: Effective Date. This ordinance shall be effective 30 days following final
28 adoption,but no sooner than January 1,2011.
1
I SECTION 2: Findings of Local Necessity. Pursuant to Health and Safety Code Sections
,%No, 2 17958.7 and 18941.5 a local governing body must make express findings that amendments to state
3
building standards are necessary because of local climatic, geological, or topographical conditions. The
4
5 following findings, applicable to those sections of the San Bernardino Municipal Code referenced
6 herein, are hereby made:
7
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
11
the State Housing Law(CCR, Title 25).
12
1.2 In regard to 15.04.020 B(2): The Uniform Administrative Code provides standard administrative
13
14 requirements for the enforcement of the codes. Such requirements do not constitute "building
15 standards"as defined by law,and therefore a finding of local necessity is not required.
°� 6 1.3 In regard to 15.04.020 B(3): A number of factors necessitate the adoption of the Uniform CodNNW
17
for the Abatement of Dangerous Buildings. There exists in the City a number of dilapidated and
18
19 abandoned buildings, which negatively impact the health and safety of the community. Due to the
20 City's relatively temperate winter climate, vagrants are attracted to the area and may illegally occupy
21 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
23
have been lost in such fires. Due to the propensity of high winds and hot dry weather resulting ftom
24
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,
28
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:
2
1 Administrative requirements do not constitute "building standards" as defined by law, and therefore a
t 2 finding of local necessity is not required.
3
1.5 In regard to 15.04.020 B(5): Patio covers are particularly susceptible to damage from high winds
4
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
9
infamous San Andreas Fault to the north. Large portions of the City are subject to liquefaction during
10
11 seismic events due to poor soil conditions and high water tables. The potential exists for damage due to
12 erosion and landslides caused by ground saturation from heavy rains in the City's foothill areas. In
13 addition, high winds create unique problems for grading operations. As a result, proper grading
14
procedures and their enforcement are necessary to mitigate the potential for loss of life and property
15
16 damage.
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
18 a result of severe precipitation. Provisions for adequate erosion control measures are necessary to
19 minimize damage caused by flooding and erosion.
20
1.8 In regard to 15.04.114: Due to extreme summer temperatures and a multitude of private
21
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.
25
1.9 In regard to 15.04.221: Retaining walls may be employed to stabilize surcharges due to site
26
specific topographical features such as steep slopes. When so employed, retaining walls create a falling
27
28 hazard when the upper slope is accessible to pedestrian activity.
3
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
3
burned 41,000 acres. Another 330 homes were lost in the Old Waterman Canyon Fire in 2003.
4
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.
9
SECTION 3. Section 15.04.020 of the San Bernardino Municipal Code is hereby amended to
10
II read as follows (Express findings of local necessity are provided in Section 2 for those
12 subsections marked by an asterisk[*]):
13 «15.04.020 Adoption of Codes by Reference
14
A. Adoption of the California Building Standards Code by Reference.
15
Those certain rules and regulations as set forth in the following codes are hereby adopted
16
17 by reference as the regulations governing the erection, construction, alteration, repair,
18 removal,and maintenance of all buildings and other structures in the City:
19 (1) The 2010 edition of the California Building Standards Code,known as the
20
California Code of Regulations, Title 24, incorporating those state adopted model codes
21
22 listed pursuant to Health and Safety Code Section 17922, and all state adopted
23 amendments thereon, and incorporating:
24 A. The International Building Code (IBC), 2009 edition, published by the
25
International Code Council;
26
B. The National Electrical Code(NEC), 2008 edition, published by the National Fire
27
28 Protection Association;
C, 4
1 C. The Uniform Mechanical Code (UMC), 2009 edition, published by the
2 International Association of Plumbing and Mechanical Officials;
3
D. The Uniform Plumbing Code (UPC), 2009 edition, published by the International
4
5 Association of Plumbing and Mechanical Officials;
6 E. The International Existing Building Code (IEBC), 2009 edition, published by the
7 International Code Council.
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B. Adoption of Other Codes by Reference.
9
In addition to the California Building Standards Codes, those certain rules and
10
11 regulations, as set forth in the following codes, and appendices are hereby adopted by
12 reference and shall regulate the erection, construction, alteration, repair, removal and
13 maintenance of all buildings and other structures in the City:
14
(1) The Uniform Housing Code* (UHC), 1997 edition, published by the International
15
16 Conference of Building Officials;
17 (2) Uniform Administrative Code* (UAC), 1997 edition, published by the International
18 Conference of Building Officials;
19 (3) Uniform Code for the Abatement of Dangerous Buildings* (UCADB), 1997 edition,
20
published by the International Conference of Building Officials;
21
22 (4) International Building Code, Appendix Chapter J—Grading*, 2009 edition, published by
23 the International Code Council.
24 (5) International Residential Code, Appendix H — Patio Covers 2009 edition, published by
25
the International Code Council;
26
(*Express findings of local necessity are provided in Section 2 of this Ordinance.)
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I It shall be unlawful to erect, construct, alter, repair, remove or maintain any building or
2 structure, or grade or alter any land, in the City in violation of, or without complying with the
3
appropriate provisions of the above codes. Copies of each code shall be kept on file in the City
4
5 Clerk's Office for inspection and reference and copies of each code shall be furnished to the
6 Building Official and each deputy.
7 In the event of any inconsistency or conflict between the above codes and the
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requirements of other City ordinances or State statutes, the State statutes and City ordinances
9
shall govern."
10
11 SECTION 4. Section 15.04.065* of the San Bernardino Municipal Code is hereby
12 amended to read as follows:
13 `15.04.065 IBC Chapter 1, Section 105.5.1 is added — Prima Facie Evidence of
14
Abandoned Work.
15
Section 105.5.1 Prima Facie Evidence of Abandoned Work.
6
17 Failure on the part of the permittee to obtain an inspection and to demonstrate
18 substantial progress to the satisfaction of the Building Official within any 180 day period shall
19 be prima facie evidence that the work has been abandoned and the permit shall have expired."
20
SECTION 5. Section 15.04.070* of the San Bernardino Municipal Code is hereby amended to
21
22 read as follows:
23 1115.04.070 IBC Chapter 1, Section 113.1.1 is added—Board of Appeals Designated.
24 Section 112.1.1 Board of Appeals Designated.
25
1. The Board of Building Commissioners of the City of San Bernardino shall serve
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as the Board of Appeals. The Building Official or his designee shall be Clerk of the
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28 Board. The Board shall have such duties as are delegated to it by the International
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i Building Code as adopted by the City, and other duties as may be delegated by other
2 provisions of the San Bernardino Municipal Code.
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2. All requests for appeal of administrative decisions of the Building Official to the Board
4
5 of Building Commissioners shall include a non-refundable appeals fee of Seventy-Five
6 Dollars($75)paid to the City."
7 SECTION 6. Section 15.04.075* of the San Bernardino Municipal Code is hereby amended to
8
read as follows:
9
"15.04.075 IBC Chapter 1, Section 105.2, Item 2 is Amended — Fences Not Requiring a
10
11 Building Permit.
12 2. Fences not over 6 feet high, except concrete and masonry fences greater than three (3)
13 feet above grade. Masonry fences shall be constructed in accordance with the standard design
14
specifications approved by the Building Official, unless an alternate engineered design is
15
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submitted and approved. Exemption from the permit requirements shall not be deemed as a
17 waiver of the design requirements contained in the San Bernardino Development Code as it
18 relates to the use or configuration of materials, or to the height of fences in front, side or rear
19 yards."
20
SECTION 7. Section 15.04.100* of the San Bernardino Municipal Code is hereby amended to
21
22 read as follows:
23 "15.04.100 IBC Section 2204.1.1 is added—Qualification of Welding Operators.
24 Section 2204.1.1 Qualification of Welding Operators. In addition to Section 2204.1,
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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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28 Building Official shall prescribe rules and regulations for the tests of welders, and no
7
1 operator shall be approved by the Building Official unless and until he/she has first
2 successfully completed such tests as may be given by the Department of Adult-
3
Vocational Education of the San Bernardino City Schools, or San Bernardino Valley
4
5 College, or has obtained such approval because he/she holds a current welding certificate
6 issued by an accredited testing agency based upon the requirements of the California
7 Department of Adult-Vocational Education. A certificate shall be issued to operators by
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the Building Official upon successful completion of the required test or tests and/or
9
approval as aforesaid being obtained. Requests for the certificate shall be made by the
10
11 operator within thirty(30)days after completion of the test. The certificate shall be valid
12 for two years. Subsequent certificates may be obtained by successful completion of
13 required tests, or when the approved operator submits sufficient evidence to the
14
Department of Adult-Vocational Education of the San Bernardino City Schools, or San
15
lb Bernardino Valley College that he/she has regularly engaged in such work and that such
17 work has been satisfactorily performed during the past year.
18 2. Every welder employed for welding of steel plate of No. 8 gauge thickness or less shall
19 be qualified for light gauge welding. Every welder employed for field welding shall be
20
qualified to weld in the flat, vertical and overhead positions. Welders, including light
21
22 gauge welders who are employed for shop welding, shall be qualified in the flat, vertical
23 and horizontal positions.
24 3. Structural steel welding operators shall be qualified as prescribed by the latest edition of
25
the Structural Welding Code of the American Welding Society.
26
4. After a welder has passed the required tests, he/she must be capable of performing neat
27
28 and consistently good work in actual operation. Carelessness, inability to maintain a
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1 uniform arc and poor workmanship will be deemed sufficient cause for revocation of the
2 welder's certificate.
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5. A fee of forty dollars ($40) will be charged by the City of San Bernardino for each
4
5 original or renewed certificate,which shall be valid for two(2)years.
6 6. At the time application is made, a certificate may be issued without examination upon
7 presentation of proper evidence that the welder is currently approved for the position
8
either by the Department of Adult-Vocational Education or other acceptable proof of
9
qualification.
10
11 7• Testing shall be done under the supervision of the San Bernardino City Schools,
12 Department of Adult-Vocational Education of San Bernardino Valley College or other
13 accredited testing agency."
14
SECTION 8. Section 15.04.110 of the San Bernardino Municipal Code is hereby repealed:
15
SECTION 9. Section 15.04.114* of the San Bernardino Municipal Code is amended to read as
6
17 follows:
18 "15.04.114 IBC Section 3109.1.1 is added—Barriers for Swimming Pools.
19 3109.1.1 Barriers for Swimming Pools. The requirements of IBC Section 3109, shall
20
apply to single-family swimming pool barriers. Swimming pools, spas, and hot tubs for which
21
22 an application for a building permit was submitted prior to July 23, 1993 shall comply with the
23 requirements contained in Chapter 15.48 of the San Bernardino Municipal Code."
24 SECTION 10. Section 15.04.120* of the San Bernardino Municipal Code is amended to read as
25
follows:
26
"15.04.120 IBC Appendix J, Section J101.3 is added —Alquist-Priolo Earthquake Fault
27
28 Zones.
9
1 J101.3 Alquist-Priolo Earthquake Fault Zones. This chapter shall also include those
2 requirements set forth in the "Alquist-Priolo Earthquake Fault Zoning Act (Division 2, Chapter
3
7.5, California Public Resources Code). This Act is intended to represent minimum criteria for
4
5 all structures that fall within the boundaries as shown on the "Earthquake Fault Zones Maps" as
6 prepared by the California Division of Mines and Geology."
7 SECTION 11. Section 15.04.125* of the San Bernardino Municipal Code is amended to
8
read as follows:
9
"15.04.125 IBC Appendix J,Section J101.4 is added—Enforcement Authority.
10
11 J101.4 Enforcement Authority. The Building Official of the City of San Bernardino or
12 his/her designee shall have the authority for the enforcement of IBC Appendix Chapter J and any
13 amendments thereto. "
14
SECTION 12. Section 15.04.130* of the San Bernardino Municipal Code is amended to
15
read as follows:
6
17 "15.04.130 On-site Improvement Permit.
18 No person shall construct any on-site improvement for motor vehicle parking or vehicle
19 circulation,the disposal of waste through a private sewer main, the conveyance of storm waters,
20
or landscaping and irrigation systems,without first obtaining a permit from the Building Official.
21
22 A permit issued by the Building Official for the purpose of construction of the improvements set
23 forth herein shall hereafter be known as an on-site improvement permit."
24 SECTION 13. Section 15.04.163* of the San Bernardino Municipal Code is amended to
25
read as follows:
26
"15.04.163 IBC Appendix J,Section J103.1.1 is added—Preparation of Grading Plans.
27
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I A grading plan and a grading permit shall be required for any grading activity involving more
2 than 50 cubic yards. All grading plans shall be prepared by a registered civil engineer."
3
SECTION 14. Section 15.04.165* of the San Bernardino Municipal Code is amended to
4
5 read as follows:
6 "15.04.165 On-Site Improvement Plans and Specifications.
7 When required by the Building Official,plans and specifications, and verification of land
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use entitlement shall accompany each application for an on-site improvement permit. Plans and
9
specifications required by the Building Official shall be prepared and signed by a registered civil
10
11 engineer. Specifications may be incorporated into the plans as general notes in lieu of a separate
12 document. Verification of land use entitlement requirements are incorporated into the Grading
13 Policy promulgated by the Community Development Department."
14
SECTION 15. Section 15.04.167* of the San Bernardino Municipal Code is amended to
15
read as follows:
6
17 "15.04.167 Information on On-site Improvement Plans.
18 On-site improvement plans shall contain all information set forth in IBC Chapter 1,
19 Section 105.3 and shall include additional information as required by the Building Official."
20
SECTION 16. Section 15.04.175* of the San Bernardino Municipal Code is amended to
21
22 read as follows:
23 "15.04.175 On-site Improvement Plan Review and Permit Fees.
24 When an on-site improvement plan is required to be submitted, a plan review fee shall be
2s
paid at the time of submittal of plans and specifications. Items to be reviewed shall be
26
improvements including, but not limited to, paving, curbs, sidewalks, private sewer mains,
27
28 drainage facilities,landscaping, and irrigation systems.
11
I Fees for each on-site improvement permit shall be paid to the City at the time of permit
2
issuance.
3
Said on-site plan review and permit fees shall be in an amount established by resolution
4
5 of the Mayor and Common Council."
6 SECTION 17. Section 15.04.179* of the San Bernardino Municipal Code is amended to
7 read as follows:
8
"15.04.179 Inspection of On-site Improvements.
9
All on-site improvements for which a permit is required shall be subject to inspection by
10
11 the Building Official or his/her designee."
12 SECTION 18. Section 15.04.180* of the San Bernardino Municipal Code is amended to
13 read as follows:
14
"15.04.180 Bonds Required.
15
6 A grading permit shall not be issued unless the applicant has first posted with the
17 Building Official a good and sufficient surety bond, cash, or certificate of deposit in such an
18 amount as the Building Official shall estimate and determine to be necessary to cover the total
19 cost of the project, including corrective work necessary to remove and eliminate geological
20
hazards. The Building Official shall require a written itemized estimate of the costs of the
21
22 grading. The amount of the required bond, cash, instrument of credit or certificate of deposit, is
23 based on the estimate of cost and shall be given to the owner or applicant prior to the issuance of
24 the permit.
25
When security for the grading is provided for a development on the site where the
26
grading is to be done, the bond for the grading required shall be released upon submission of
27
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1 evidence by the permittee to the Building Official that the grading work is complete and signed
2 off by the Construction Engineer.
3
An agreement between the Redevelopment Agency, the Inland Valley Development
4
5 Agency, or the San Bernardino International Airport Authority, and the City of San Bernardino,
6 approved by the City Attorney and unconditionally providing and guaranteeing that said Agency
7 shall provide those grading and other improvements and pay the costs thereof required, may be
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filed with the Building Official as security in lieu of said bond, cash or certificate of deposit
9
wherever said project is located in a redevelopment project area and the agreement recites that
10
11 the street improvements are in compliance with the Redevelopment Plan for said area and in
12 furtherance of the public interest in promoting public or private development."
13 SECTION 19. Section 15.04.200* of the San Bernardino Municipal Code is amended to
14
read as follows:
15
16
"15.04.200 IBC Appendix J,Section J110.1.1 is added—Planting of Slopes.
17 J110.1.1 Planting of Slopes. The Building Official may waive the planting of any slope
18 less than 5 feet in vertical height. An automatic irrigation system shall be installed for planted
19 slopes unless recommended otherwise in the preliminary soils report or waived by the Building
20
Official. If required by the Building Official, a recommendation for types of planting materials
21
22 shall be obtained from a Landscape Architect. The Landscape Architect shall, prior to final
23 inspection, provide the Building Official with a statement that the planting has been done in
24 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
26
read as follows:
27
28 "15.04.210 CBC Appendix J,Section J112 is added—Grading Operations.
13
I J112.1 General. All parties performing grading operations, under a grading permit
2 issued by the Building Official, shall have verification of land use entitlement and shall take
3
reasonable preventive measures, as directed by the Building Official and incorporated into the
4
5 Grading Policy promulgated by the Community Development Department, to avoid earth or
6 other materials from the premises being deposited onto adjacent streets or properties, by the
7 action of storm waters or wind,by spillage from conveyance vehicles or by other causes.
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J112.2 Removal of Materials Within 24 Hours. Earth or other materials which are
9
deposited on adjacent streets or properties shall be completely removed by the permittee as soon
10
11 as practical, but in any event within 24 hours after receipt of written notice from the City
12 Engineer, Building Official, or NPDES Coordinator, or their designees, to remove the earth or
13 materials,or within such additional time as may be allowed by written notice.
14
J112.3 Noncompliance. In the event that any party performing grading shall fail to
15
C)
comply with the requirements of this Section, the Building Official shall have the authority to
6
17 engage the services of a contractor to remove the earth or other materials. All charges incurred
18 for the services of the contractor shall be paid to the City by the permittee prior to acceptance of
19 the grading."
20
SECTION 21. Section 15.04.220* of the San Bernardino Municipal Code is amended to
21
22 read as follows:
23 "15.04.220 IBC Appendix J,Section J110.3 is added—Final Reports.
24 J110.3 Final Reports. A statement from the Landscape Architect shall be submitted to
25
the Building Official stating that the planting and irrigation system(s) have been installed in accordance
26
with his recommendations."
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1 SECTION 22. Section 15.04.221* of the San Bernardino Municipal Code is amended to
Nftew• 2 read as follows:
3
"15.04.221 Guardrails for Retaining Walls.
4
5 Retaining walls in excess of 30 inches above grade shall be provided with a protective
6 fence or guardrail of a minimum height of 42 inches as prescribed in CBC Section 1013."
7 SECTION 23. Section 15.04.230* of the San Bernardino Municipal Code is amended to
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read as follows:
9
"National Electrical Code Section 410.120 is added — Time Constraints for Decorative
10
11 Lighting.
12 410.120 Time Constraints for Decorative Lighting. The duration and use of
13 temporary electrical power and lighting installations for holiday decorative lighting and similar
14
purposes shall be in accordance with the manufacturer's intended use and listing."
15
SECTION 24. Section 15.10.040, of the San Bernardino Municipal Code is amended to
6
17 read as follows:
18 "15.10.040 CBC Section 701A.3.2 is added—Existing Structures:
19 701A.3.2 Existing Structures. For existing structures, retrofitting of an element is
20
required when more than 60% replacement of that element occurs. An addition to an existing
21
22 structure need not comply with these standards if the addition does not exceed 60% of the floor
23 are of the existing structure and the existing structure was not required to meet these construction
24 standards when originally constructed. Retrofitting of an entire structure is required when a
25
combination of elements are replaced or other repairs are made equal in value to 60% or more of
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the replacement cost of the structure as determined by the building official. Alterations made to
27
28 a structure shall not increase the degree of non-conformity in regards to these standards."
15
1
2 SECTION 25. Section 15.10.080* of the San Bernardino Municipal Code is amended to
3
read as follows:
4
5 "15.10.080 Applicable Building Standards.
6 The building standards contained in the California Building Code, Chapter 7A, shall
7 apply in the Foothill Fire Zones and in state designated Very High Fire Hazard Severity Zones.
g
In addition,the following requirements shall apply as noted herein:
9
A. Fencing shall be of approved noncombustible or ignition-resistant material.
10
11 B. Vinyl window frame assemblies shall have the following characteristics:
12 1. Frames shall have welded corners and metal reinforcement in the interlock area;
13 2. Dual-paned insulated glazed units with at least one pane of tempered glass;
14
3. Frame and sash profiles are certified in AAMA Lineal Certification Program
15
16 (verified by an AAMA product label or a Certified Products Directory);
17 4. Certified and labeled to ANSI/AAMA/NWWDA 101/I.S.2-97 for structural
18 requirements.
19 C. Roof mounted turbine vents shall not be permitted.
20
D. All roof coverings shall be of non-wood materials with at least a Class A fire-retardant
21
22 rating.
23 E. All new residential structures located within the High Fire Hazard Severity Zone (except
24 those rebuilt due to damage or destruction from any one common fire or other
25
catastrophe) shall be provided with automatic fire sprinklers. If the floor area of an
26
existing residential structure is increased more than 60%,then the entire structure must be
27
28
16
1 retrofitted with fire sprinklers. The design and installation of fire sprinklers systems shall
�2 be approved by the City Fire Department.
3
F. Paper-faced insulation shall be prohibited in attics or ventilated spaces."
4
5
6 SECTION 26. Section 12.32.020 of the San Bernardino Municipal Code is amended to
7 read as follows:
s
"12.32.020 Assignment of Address Numbers
9
It shall be the responsibility of the Building Official, or his/her designee, to assign
10
11 building address numbers. The Building Official shall give written notice to the owner, occupant,
12 lessee, tenant, or subtenant of the assignment of an address number. Address numbers that are already
13 in place shall not be required to be changed unless a conflict exists, the street name is changed, or some
14
other condition occurs that necessitates an address be changed. The size and location of address
15
numbers shall be in accordance with the adopted Building and Fire Codes."
6
17 SECTION 27. Section 12.32.060 of the San Bernardino Municipal Code is hereby
18 repealed.
19
20
21
22
23
24
25
26
27
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17
i
1 AN ORDINANCE... AMENDING SECTIONS 15.04.020, 15.04.065 ... AND REPEALING
2 SECTIONS 15.04.110 AND 12.32.060 OF THE SAN BERNARDINO MUNICIPAL CODE AND
ADOPTING BY REFERENCE THE 2010 EDITION OF THE CALIFORNIA BUILDING
3 STANDARDS CODE, KNOWN AS THE CALIFORNIA CODE OF REGULATIONS, TITLE 24
(CCR, T-24)... AND AMENDING THOSE CALIFORNIA BUILDING STANDARDS AS
4 IDENTIFIED HEREIN,THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY.
5
6 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a meeting thereof, held on the
8
day of ,2010,by the following vote,to wit:
9
Council Members: AYES NAYS ABSTAIN ABSENT
10
11 MARQUEZ
12 DESJARDINS
13 BRINKER
14
SHORETT
15
KELLEY
6
Now 17 JOHNSON
18 MC CAMMACK
19
20
City Clerk
21
22 The foregoing ordinance is hereby approved this day of ' 2010.
23
Patrick J. Morris, Mayor
24 City of San Bernardino
25 Approved as to Form:
26 JAMES F. PENMAN,
City Attorney
27
28 B 1��,( _a
18