HomeMy WebLinkAbout38- Planning & Building City of San Bernardino
Department of Planning and Building Services
TO: Mayor and Common Council
FROM: Al Bough&Director of Planning and Building Services
SUBJECT: Clarification of Proposed Amendments to Building Code
Regarding Fence Height and Required Permits
i
DATE: June 15, 1993
COPIES:
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At the May 24 Mayor and Common Council meeting, the adoption of the
updated Building Code was continued to allow staff to clarify the
proposed changes in wording for fences requiring permits. A brief
background should help explain staff recommendation.
Generally, the Uniform Building Code (UBC) does not require a
permit for fences under six feet. However in 1989, the City
amended the UBC to stipulate:
"A building permit shall not be required for fences not
over six (6) feet high, except fences located in front or
side yards will require a permit. All masonry block,
including concrete fences and walls, regardless of size
or location, require a permit. (ord. MC-699, 7-17-89. ) "
As currently written, this section requires that a building permit
be obtained for the construction of a fence regardless of height.
This has been interpreted to mean that even such innocuous items as
a 3 ' high wood picket fence, or a 2' high masonry planter wall
require permits for construction. Generally, the Uniform Building
Code's requirement that a permit be obtained for the construction
of any particular item is intended to insure, through the
inspection process, that the provisions of the code are met, and
corresponding health and safety concerns are addressed. Since
there are no overriding health and safety concerns regarding fences
of such minimal height, we believe that a clarification is
necessary. Another issue is the City's desire to have fences built
in conformance with the Development Code. Since the Development
Code allows fences 3' or less in height to be placed anywhere on a
lot, this is not a significant concern.
Clarification of Proposed Amendments to Building Code Regarding
Fence Height and Required Permits
Page 2
The proposed amendment to 15. 04 . 075 (as revised) reads as follows:
1115.04.075 Uniform Building Code Subsection 301 (b) 2
Amended - Fences not Requiring Permit.
Uniform Building Code Subsection 301(b) 2 is amended as
follows:
A building permit shall not be required for fences which are
three (3) feet or less in height.
Fences shall be constructed in accordance with the
standard design specifications approved by the Building
Official, unless an alternative engineered design is submitted
and approved.
Exemption from the permit requirements shall not be
deemed as a waiver of the design requirements contained in the
San Bernardino Development Code as it relates to the use of
materials or the configuration thereof, or to the height of
fences in front or side setbacks. "
y
1 as may be delegated by other provisions of the San Bernardino
2 Municipal Code.
3 2 . All requests for appeal of administrative decisions of the
4 Building Official to the Board of Building Commissioners shall
5 include a non-refundable appeals fee of Seventy-Five Dollars
6 ($75. 00) paid to the Building Official. "
7 SECTION 3. Section 15. 04 . 075 of the San Bernardino
8 Municipal Code is hereby amended to read as follows:
9 1115.04.075 Uniform Building Code Subsection 301(b)2 Amended -
10 Fences Not Requiring Permit.
11 Uniform Building Code Subsection 301(b) 2 is amended as
12 follows:
13 A building permit shall not be required for fences which are
14 three (3) feet or less in height.
15 Fences shall be constructed in accordance with the
16 standard design specifications approved by the Building
17 Official, unless an alternative engineered design is submitted
18 and approved.
19 Exemption from the permit requirements shall not be
20 deemed as a waiver of the design requirements contained in the
21 Sat Bernardino Development Code as it relates to the use of
22 materials or the configuration thereof, or to the height of
23 fences in front or side setbacks. "
24 SECTION 4. Section 15. 04. 076 of the San Bernardino Municipal
25 Code is added as follows:
26 1115.04.076 Uniform Building Code, Section 3203 is amended by
27 adding Subsection (a) - wood Roof Coverings.
28
4
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
15 . 04 . 020 , 15. 04 . 070 , 15 . 04 . 075 , 15 . 04 . 080 , 15. 04 . 085 , 15. 04 . 100 ,
3 15 . 04 . 120 , 15 . 04 . 130 , 15. 04 . 133 , 15 . 04 . 140 , 15. 04 . 150 , 15 . 04 . 160 ,
15 . 04 . 165, 15 . 04 . 167 , 15 . 04 . 175 , 15 . 04 . 177 , 15 . 04 . 179, 15 . 04 . 220,
4 15 . 20 . 040 , 15. 20 . 080 , 15 . 20 . 120 , 15. 28 . 010 , 15 . 28 . 020 , 15. 28 . 170 ,
REPEALING CHAPTERS 15 . 38 , 15. 40 , 15 . 44 , 15 . 60 , AND SECTIONS
5 15 . 04 . 040 , 15 . 04 . 095 , 15 . 04 . 140 , 15 . 04 . 150 , 15 . 04 . 160 , 15 . 04 . 170 ,
15. 04 . 190 , 15. 28 . 030 , 15 . 28 . 040 , 15 . 28 . 050 , 15. 28 . 060 , 15 . 28 . 070 ,
6 15. 28 . 080 , 15 . 28 . 090 , 15 . 28 . 100 , 15. 28 . 110 , 15 . 28 . 120 , AND ADDING
SECTIONS 15 . 04 . 076, 15. 04 . 077 , 15 . 04 . 081 , 15. 040 . 083 , 15. 04 . 112,
15. 04 . 114 , 15. 04 . 125 , 15 . 04 . 163 , 15. 04 . 221 , 15 . 04 . 222 , 15. 04 . 223
7 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE UNIFORM
8 BUILDING CODE, 1991 EDITION, THE UNIFORM BUILDING CODE STANDARDS,
1991 EDITION, THE UNIFORM HOUSING CODE, 1991 EDITION, THE UNIFORM
9 ADMINISTRATIVE CODE, 1991 EDITION, THE UNIFORM BUILDING SECURITY
CODE, 1991 EDITION, THE UNIFORM MECHANICAL CODE, 1991 EDITION, THE
10 UNIFORM PLUMBING CODE, 1991 EDITION, THE UNIFORM SWIMMING POOL SPA
AND HOT TUB CODE, 1991 EDITION, THE NATIONAL ELECTRICAL CODE, 1990
11 EDITION, THE UNIFORM CODE FOR SOLAR ENERGY INSTALLATIONS, 1991
EDITION, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,
12 1991 EDITION, AND AMENDMENTS THEREON.
13 WHEREAS, pursuant to California Health and Safety Code Section
14 17958, local governing bodies are required to adopt regulations
15 imposed by Section 17922 of the California Health and Safety Code;
16 and
17 WHEREAS, pursuant to Section 17958 of the California Health
18 and Safety Code, a City may make changes in the provisions adopted
19 pursuant to Section 17922 of the California Health and Safety Code;
20 and
21 WHEREAS, it is necessary to update codes incorporated into the
22 San Bernardino Municipal Code.
23 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
24 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
25
26 SECTION 1 . Section 15. 04 . 020 of the San Bernardino
27 Municipal Code is hereby amended as follows:
28 "15. 04 .020 Adoption of Codes by Reference.
I Those certain rules and regulations , as set forth in the
2 following codes , appendices and new standards are hereby
3 adopted by reference as the regulations governing the
4 erection, construction, alteration, repair, removal and
5 maintenance of all buildings and other structures in the City:
6 ( 1 ) Uniform Building Code, including Appendix, Chapters I-
7 Div. I and II , 7 , 11 , 12-Div. II and III , 23-Div. II , III and IV,
8 25, 29, 32 , 35, 38 , 49, 55, 57 , 70 of the International
9 Conference of Building Officials , 1991 Edition;
10 (2 ) Uniform Building Code Standards of the International
11 Conference of Building Officials, 1991 Edition;
12 ( 3) Uniform Housing Code of the International Conference of
13 Building Officials , 1991 Edition;
14 (4 ) Uniform Administrative Code of the International
15 Conference of Building Officials , 1991 Edition;
16 ( 5) Uniform Building Security Code of the International
17 Conference of Building Officials , 1991 Edition;
18 ( 6) Uniform Mechanical Code, including Appendices A, B and C
19 of the International Conference of Building Officials and the
20 International Association of Plumbing and Mechanical
21 Officials , 1991 Edition;
22 ( 7) Uniform Plumbing Code, including Appendix, Chapters A
23 through I and IAPMO Installation Standards of the
24 International Association of Plumbing and Mechanical
25 Officials, 1991 Edition;
26 (8 ) Uniform Swimming Pool Spa and Hot Tub Code of the
27 International Association of Plumbing and Mechanical
28 Officials, 1991 Edition;
2
1 ( 9) National Electrical Code of the National Fire Protection
2 Association, 1990 Edition;
3 ( 10 ) Uniform Code for Solar Energy Installations of the
4 International Association of Plumbing and Mechanical
5 Officials , 1991 Edition, and
6 ( 11 ) Uniform Code For The Abatement of Dangerous Buildings
7 of the International Conference of Building Officials , 1991
8 Edition.
9 It shall be unlawful to erect , construct , alter, repair,
10 remove or maintain any building or structure in the City in
11 violation of , or without complying with the appropriate
12 provisions of the above codes . Copies of each code shall be
13 kept on file in the City Clerk' s Office for inspection and
14 reference and copies of each code shall be furnished to the
15 Director of Planning and Building Services .
16 In the event of any inconsistency or conflict between the
17 above codes and the requirements of other City codes or State
18 statutes , the State statutes and City codes shall apply. "
19 SECTION 2. Section 15 . 04 . 070 of the San Bernardino
20 Municipal Code is hereby amended to read as follows :
21 "Section 15.04.070 Uniform Building Code Section 204(c) is
22 added - Board of Appeals Designated.
23 1 . The Board of Building Commissioners of the City of San
24 Bernardino shall serve as the Board of Appeals. The Building
25 Official or his designee shall be Clerk of the Board. The
26 Board shall have such duties as are delegated to it by the
27 Uniform Building Code as adopted by the City, and other duties
28
3
1 as may be delegated by other provisions of the San Bernardino
2 Municipal Code.
3 2 . All requests for appeal of administrative decisions of the
4 Building Official to the Board of Building Commissioners shall
5 include a non-refundable appeals fee of Seventy-Five Dollars
6 ($75. 00) paid to the Building Official. "
7 SECTION 3. Section 15. 04 . 075 of the San Bernardino
8 Municipal Code is hereby amended to read as follows:
9 1115.04.075 Uniform Building Code Subsection 301(b)2 Amended -
10 Fences Not Requiring Permit.
11 Uniform Building Code Subsection 301(b) 2 is amended as
12 follows:
13 A building permit shall not be required for fences which are
14 three (3) feet or less in height.
15 Fences shall be constructed in accordance with the
16 standard design specifications approved by the Building
17 Official, unless an alternative engineered design is submitted
18 and approved.
19 Exemption from the permit requirements shall not be
20 deemed as a waiver of the design requirements contained in the
21 San Bernardino Development Code as it relates to the use of
22 materials or the configuration thereof, or to the height of
23 fences in front or side setbacks. "
24 SECTION 4. Section 15.04. 076 of the San Bernardino Municipal
25 Code is added as follows:
26 1115.04.076 Uniform Building Code, Section 3203 is amended by
27 adding Subsection (a) - Wood Roof Coverings.
28
4
Sec - 3203 (a) Notwithstanding other provisions of this
1
code, wood shake or shingle roof coverings installed after the
2
effective date of this ordinance shall have a minimum Class
3
C rating. "
4
5 SECTION 5. Section 15 . 04 . 077 of the San Bernardino Municipal
6 Code is added as follows :
7 "15.04 .077 Uniform Building Code, Appendix Chapter 1 ,
8 Division I, subsection 110 (b) amended - Enforcement.
9 Sec . 110 (b) Enforcement . The procedures for the
10 enforcement of this chapter shall be as set forth in SBMC
11 Chapter 15. 28 . "
12
13 SECTION 6. Section 15. 04 . 080 of the San Bernardino
14 Municipal Code is hereby amended as follows :
15 "15.04.080 Applicable Fees and Fee Exemptions.
16 A. Applicable Fees :
17 Notwithstanding the provisions contained in UBC 304 (b) ,
18 UMC 304 (b) , and UPC 20 . 4 , the fees for building,
19 electrical , mechanical , and plumbing permits shall be as set
20 forth in the latest adopted edition of the Uniform
21 Administrative Code, subject to such amendments thereto as are
22 adopted in this chapter. Fees for other types of permits or
23 items not specified by the Uniform Administrative Code shall
24 be as set forth in the appropriate adopted code. "
25 B. Fees shall be waived for the following:
26 1 . Historic Preservation - No fees shall be charged for
27 permits issued for repairs , alterations or additions
28 for the preservation, restoration or rehabilitation
///// 5
of a building or structure which is a qualified
1
2 historical building or structure pursuant to Health
3 and Safety Code Section 18955 , a qualified
4 historical property pursuant to Public Resources
5 Code Section 5031 , a registered historical landmark
6 pursuant to public Resources Code Section 5021 , or
7 a point of historical interest pursuant to Public
8 Resources Code Section 5022 . 5.
9 2 . Natural Disaster Damage - No fees shall be charged
10 for permits issued to owners for demolition or first
11 rebuilding of damaged or destroyed structures
12 located in an area designated as a disaster area by
13 resolution of the Mayor and Common Council . This
14 exemption shall apply only to property owners of
15 record at the time of the disaster, and not to
16 persons subsequently acquiring the property.
17 3. Charitable Organizations - Fees may be waived or
18 refunded in accordance with Chapter 3 . 13 of the San
19 Bernardino Municipal Code. "
20 SECTION 7. Section 15. 04 . 081 of the San Bernardino
21 Municipal Code is hereby added as follows :
22 "15.04.081 Uniform Administrative Code Subsection 304(c)
23
amended - Plan Review Fees.
24
Uniform Administrative Code Subsection 304 (c) Plan Review Fees
25
is amended as follows :
26
When a plan or other data are required to be submitted by
27
Subsection (b) of Section 302 , a plan review fee shall be paid
28
6
at the time of submitting plans and specifications for review.
1
2 The plan review fee shall be 95 percent of the building permit
3
fee as set forth in Table No. 3-A for commercial , industrial
t
4 and multifamily buildings and 75 percent of the building
5 permit fee for single family and duplex buildings .
6 The plan review fees for electrical , mechanical , and
7 plumbing work shall be equal to 25 percent of the total permit
8 fee as set forth in Tables Nos . 3-B, 3-C, and 3-D
9 respectively.
10 A fee of 10 percent of the building permit fee shall be
11 charged for plan review and inspections to meet any State
12 mandated energy requirements .
13 A fee of 10 percent of the building permit fee shall be
14 charged for plan review and inspections of any State mandated
15 regulations relating to handicapped accessibility imposed upon
16 commercial , multifamily, and public buildings .
17 An additional fee of 75 percent of the plan review fee
18 shall be charged for expeditious plan review requested by the
19 applicant .
20 The plan review fee for grading work shall be as set forth
21 in Table No. 3-G unless otherwise amended in this chapter.
22 The plan review fees specified in this subsection are
23 separate fees from the permit fees specified in Section 304 (a)
24 and are in addition to the permit fees .
25 When plans are incomplete or changed so as to require
26 additional plan review, an additional plan review fee shall be
27 charged at the rate shown in Tables Nos . 3-A through 3-G.
28
7
I SECTION 8. Section 15 . 04 . 083 of the San Bernardino
2 Municipal Code is hereby added as follows :
3 "15. 04 . 083 Uniform Administrative Code Section 305 is
4 amended by adding Subsection ( i ) - Pre-permit Inspections .
5 Uniform Administrative Code Subsection 305( i ) is added as
6 follows :
7 The Building Official may require a pre-permit inspection be
8 conducted prior to the issuance of permits for the
9 rehabilitation, repair, or reconstruction of a structure
10 whenever such structure has been ordered to be vacated by the
11 building official under provisions of this municipal code, has
12 been boarded up and/or otherwise secured subsequent to
13 identification as an attractive or public nuisance as defined
14 in Chapter 8 , has been identified as a substandard building as
15 defined in Section 1001 of the Uniform Housing Code, or has
16 been identified as a dangerous building as defined by the
17 Uniform Code for the Abatement of Dangerous Buildings .
18 After payment of the appropriate fee, the building official
19 will cause the structure to be inspected and shall issue a
20 report which delineates the specific code violations
21 discovered, necessary corrective measures for compliance with
22 all applicable codes , and further specifying the portion of
23 the rehabilitative work requiring permits .
24
25 Exception: The building official may waive the
26 requirement for a pre-permit inspection 1 ) when he
27 determines that the extent of existing violations and the
28 necessary repairs therefore are minor in nature, or 2 )
8
I when rehabilitation work is to be accomplished by a
2 licensed contractor . To be considered for a waiver of
3 the requirement for a pre-permit inspection, the
4 contractor shall submit an itemized list of corrective
5 measures to be taken, and sign a statement approved by
6 the building official agreeing to repair or correct any
7 violations found during subsequent inspections and to
8 obtain any additional permits as may be required.
9
10 SECTION 9. Section 15 . 04 . 085 of the San Bernardino
11 Municipal Code is amended as follows :
"15.04.085 Uniform Administrative Code, Tables 3-A, 3-B, and
12 3-D amended - Fees.
13 A. Uniform Administrative Code, Table 3-A is amended by adding
14 nos . 5, 6, 7 , and 8 under Other Inspections and Fees as
15 follows :
16 5. A fee in the sum of one hundred twenty dollars ($120 . 00 )
17 for the inspection of any existing property or building
18 required to be made by the Planning and Building
19 Services Department for compliance with the National
20 Housing Act or other lending institutions and
21 regulations thereunder shall be paid to the City by the
22 applicant for such inspection service.
23 6. A fee in the sum of sixty dollars ($60 . 00 ) for the
24 inspection of a room addition, garage, patio, or other
25 portion of a building when the entire building need not
26 be inspected.
27 7 . The fee for a pre-permit inspection shall be as follows :
28 Residential - $120 . 00 per structure up to four (4 )
units plus $10 . 00 for each additional
9
1 unit in excess of four ( 4 ) .
2 Commercial - $120 . 00 per structure up to 5000 square
feet , plus $ . 02 for each additional
3 square foot of f loor area in excess of
5000 square feet .
4 8 . An application fee of Seventy-five Dollars ( $75 . 00 )
5 for review of a
proposed alternative material and/or
6 method of construction to be used instead of the
7 material and/or construction method specified in the
8 Uniform Building Code. "
9 B. Uniform Administrative Code, Table 3-B is amended by
10 adding New Commercial Buildings and Electric Meter Reset
11 Inspections as follows :
12 New Commercial Buildings : The fee of $ . 015 per square foot
13 shall include all wiring and electrical equipment in or on
14 each building or other electrical equipment on the premises
15 constructed at the same time, exclusive of the electrical
16 service.
17 Electrical Meter Reset Inspection: . . . . $40 . 00 + $10 . 00
18 for each additional
meter on the same
19 building or lot .
In conjunction with any permit : . . . . . . . $11 . 00
20 C. Uniform Administrative Code, Table 3-D is amended by adding
21 Item 15 under Unit Fee Schedule as follows :
22 15. Gas Meter Reset Inspection: . . . . . . $40 . 00 + $10 . 00
23 for each additional
meter on the same
24 building or lot . "
In conjunction with any permit : . . . . $11 . 00
25
26 SECTION 10. Sections 15. 04 . 040 and 15. 04 . 095 of the San
27 Bernardino Municipal Code are hereby repealed.
28 SECTION 11 . Section 15. 04 . 100 of the San Bernardino
����� 10
1 Municipal Code is hereby amended as follows :
2 "15. 04 . 100 Uniform Building Code Section 2708 is amended by
3 adding Subsection (a) - Welding Work.
4 Uniform Building Code Section 2708 (a) is added as follows :
' 5 Notwithstanding the
provisions of Section 2708 , the
6 following sections and subsections shall govern all welding
7 work.
8 (a) All welding shall be done by qualified operators
9 approved by the Building Official . The Building Official
10 shall prescribe rules and regulations for the tests for
11 welders , and no operator shall be approved by the Building
12 Official unless and until he has first successfully completed
13 such tests as may be given by the Department of Adult-
14 Vocational Education, San Bernardino City Schools, San
15 Bernardino Valley College, or has obtained such approval
16 because he holds a current welding certificate based upon the
17 requirements of the California Department of Adult-Vocational
18 Education, provided it has the same or similar standards and
19 criteria as said Department of the San Bernardino City Schools
20 of San Bernardino Valley College. A certificate shall be
21 issued to operators by the Building Official upon successful
22 completion of the required test or tests and/or approval as
23 aforesaid being obtained. Requests for the certificate shall
24 be made by the operator within thirty ( 30 ) days after
25 completion of the test . The certificate shall remain in force
26 for two years . Subsequent certificates may be obtained by
27 successful completion of required tests , or when the approved
28 operator submits sufficient evidence to the department of
11
1 Adult-Vocational Education, San Bernardino City School , or San
2 Bernardino Valley College that he has regularly engaged in
3 such work and that such work has been satisfactorily performed
4 during the past year.
5 (b) Every welder employed for welding of steel plate of
6 No. 8 gauge thickness or less shall be qualified for light
7 gauge welding. Every welder employed for field welding shall
8 be qualified to weld in the flat , vertical and overhead
9 positions . Welders , including light gauge welders who are
10 employed for shop welding, shall be qualified in the flat ,
11 vertical and horizontal positions.
12 (c) Structural steel welding operators shall be
13 qualified as prescribed by the latest edition of the
14 Structural Welding Code of the American Welding Society.
15 (d) After a welder has passed the above tests , he must
16 be capable of doing neat and consistently good work in actual
17 operation. Carelessness , inability to maintain a uniform arc
18 and poor workmanship will be deemed sufficient cause for
19 revocation of the welder ' s certificate.
20 (e) A fee of forty dollars ( $40 . 00 ) will be
21 charged by the City of San Bernardino for each original
22 certificate which shall be valid for a period of two years . A
23 fee of forty dollars ($40 . 00 ) will be charged for each renewed
24 certificate which shall be valid for two years .
25 ( f ) At the time application is made, a certificate may
26 be issued without examination upon presentation of proper
27 evidence that the welder is currently approved for the
28 position either by the Department of Adult-Vocational
12
1 Education or the Division of Architecture, State of
2 California, or other acceptable proof of qualification.
3 (g) Testing shall be done under the supervision of the
4 San Bernardino City Schools , Department of Adult-Vocational
5 Education of San Bernardino Valley College.
6
7 SECTION 12. Section 15 . 04 . 120 of the San Bernardino Municipal
8 Code is hereby amended as follows :
9 "15.04. 120 UBC subsection 7002(a) added - Scope.
10 UBC subsection 7002 (a) is added to read as follows :
11 Sec . 7002 . (a) This chapter shall also include those
12 requirements set forth in the "Alquist-Priolo Special Studies
13 Zones Act" and subsequent amendments (Chapter 7 . 5, Division 2 ,
14 Public Resources Code, State of California and adopted by
15 "State Mining and Geology Board, " November 21 , 1973) . This
16 Act is intended to represent minimum criteria only for all
17 structures that fall within the boundaries as shown on the
18 "Special Studies Zone Maps" as prepared by the State of
19 California Division of Mines and Geology. "
20
21 SECTION 13. Section 15. 04 . 125 of the San Bernardino Municipal
22 Code is hereby added as follows :
23 "15.04. 125 UBC Section 7002 is amended by adding Subsection
24 (b) - Enforcement Authority.
25 UBC subsection 7002 (b) is added to read as follows :
26 Sec. 7002 (b) The City Engineer of the City of San
27 Bernardino shall have the authority for the enforcement of UBC
28 Appendix Chapter 70 and any amendments thereto. The words
13
4
1 "building official" as used in this chapter shall mean the City
2 Engineer. "
3 SECTION 14. Section 15. 04 . 130 of the San Bernardino Municipal
' 4 Code is hereby amended as follows:
5 1115.04.130 UBC Section 7003 is amended by adding Subsection
6 (c) - On-site Improvement Permit.
' 7 UBC subsection 7003 . (c) is added to read as follows:
8 Sec. 7003 . (c) On-site Improvement Permit. No person
9 shall construct any on-site improvement for motor vehicle
10 storage, parking or vehicle circulation, the disposal of waste
11 through a private sewer main, or landscaping and irrigation
12 systems, without first obtaining a permit from the City
13 Engineer. The provisions of this section shall not apply to
14 a residential driveway to be used in connection with the
15 occupancy of a single-family residence or a multi-family
16 residential development of four or less units. A permit
17 issued by the City Engineer for the purpose of construction of
18 the improvements set forth herein shall hereafter be known as
19 an on-site improvement permit. "
20 SECTION 15. Section 15. 04. 133 of the San Bernardino Municipal
21 Code is hereby amended to read as follows:
22 9115.04.133 UBC Section 7005 is amended by adding Subsection
23 (a) - Engineering Geologist.
24 UBC subsection 7005 (a) is added to read as follows:
25 Sec. 7005 (a) . The term "Engineering Geologist" as hereinafter
26 used shall mean a State of California Certified Engineering
27 Geologist. "
28
14
1 SECTION 16. Section 15 . 04 . 140 of the San Bernardino Municipal
2 Code is hereby repealed.
3 SECTION 17 . Section 15 . 04 . 150 of the San Bernardino Municipal
4 Code is hereby repealed.
5
6 SECTION 18. Section 15 . 04 . 160 of the San Bernardino Municipal
7 Code is hereby repealed.
8 SECTION 19. Section 15. 04 . 163 of the San Bernardino Municipal
9 Code is hereby added as follows :
10 «15.04. 163 UBC Section 7006 is amended by adding Subsection
11 (g)4 - Regular Grading Plans.
12 UBC subsection 7006(8)4 is added to read as follows :
13 Sec- 7006 (g)4 . When required by the building official ,
14
plans for regular grading shall be prepared by a licensed
15 civil engineer. "
16
17 SECTION 20. Section 15. 04 . 165 of the San Bernardino Municipal
18 Code is hereby amended as follows :
19 "15.04 . 165 UBC Section 7006 is amended by adding Subsection
20 ( 1 ) - On-site Improvement Plans and Specifications.
21 UBC subsection 7006 ( 1 ) is added to read as follows:
22 Sec- 7006( i ) . On-site Improvement Plans and
23 Specifications . When required by the City Engineer, each
24 application for an on-site improvement permit shall be
25 accompanied by two sets of plans and specifications . Plans
26 and specifications required by the City Engineer shall be
27 prepared and signed by a registered civil engineer.
28 Specifications may be incorporated into the plans as general
15
1 notes in lieu of a separate document . "
2
3 SECTION 21 . Section 15. 04 . 167 of the San Bernardino Municipal
4 Code is hereby amended as follows :
5 "15. 04 . 167 UBC Section 7006 is amended by adding Subsection
6 ( j ) - Information on On-site Improvement Plans.
7 UBC subsection 7006( j ) is added to read as follows :
8 Sec- 7006 ( j ) . Information on On-site Improvement Plans .
9 On-site improvement plans shall contain all information set
10 forth in Section 7006 (d) of the UBC and shall include the
11 following additional information:
12 1 . Elevations of top of curb, back of sidewalk, and finish
13 surface of pavement .
14 2 . Flow line elevations , and rates of grade of curb and
15 gutter, ribbon gutters , drainage facilities , and private sewer
16 mains .
17 3 . Detailed plans of planter curbs , curb and gutter, ribbon
18 gutters , drainage facilities , and on-site lighting.
19 4 . Detailed specifications of materials including portland
20 cement concrete, asphalt concrete, aggregate base, sewer pipe
21 and pipe bedding.
22 5 . Size and number of parking spaces, directional signs and
23 striping.
24 6 . Details of landscaping and irrigation systems shall be
25 submitted as a separate set of plans . "
26 SECTION 22. Section 15. 04 . 170 of the San Bernardino Municipal
27 Code is hereby repealed.
28
16
1 SECTION 23. Section 15 . 04 . 175 of the San Bernardino Municipal
2 Code is hereby amended as follows :
3 "15. 04 . 175 UBC Section 7007 is amended by adding Subsection
4 (d) - On-site Improvement Plan Review Fees.
5 UBC subsection 7007 (d) is added to read as follows :
6 Sec. 7007 (d) . On-site Improvement Plan Review Fees . When
7 an on-site improvement plan is required to be submitted, a
8 plan review fee shall be paid at the time of submittal of
9 plans and specifications for review. Said review fee shall be
10 in an amount established by resolution of the Mayor and Common
11 Council .
12 Items to be reviewed are improvements including, but not
13 limited to, paving, curbs , sidewalks , private sewer mains ,
14 drainage facilities, on-site lighting, landscaping, and
15 irrigation systems .
16
SECTION 24 . Section 15. 04 . 177 of the San Bernardino Municipal
17
Code is hereby amended as follows :
18
"15.04. 177 UBC subsection 7007(e) added - On-site
19
Improvement Permit Fees.
20
UBC subsection 7007(e) is added to read as follows :
21
Sec. 7007 (e) . On-site Improvement Permit Fees . A fee for
22
each on-site improvement permit shall be paid to the City
23
Engineer. Said fee shall be in an amount established by
24 resolution of the Mayor and Common Council . "
25
26 SECTION 25. Section 15. 04 . 179 of the San Bernardino Municipal
27 Code is hereby amended as follows :
28 "15.04 . 179 UBC Section 7014 is amended by adding Subsection
17
1 ( i ) - On-site Improvement Inspection.
2 UBC subsection 7014 ( i ) is added to read as follows :
3 Sec- 7014 ( i ) . On-site Improvement Inspection. All on-
o site improvements for which a permit is required shall be
5 subject to inspection by the City Engineer through his
6 designated representative. "
7 SECTION 26. Section 15. 04 . 190 of the San Bernardino Municipal
8 Code is hereby repealed.
9
10 SECTION 27. Section 15. 04 . 220 of the San Bernardino Municipal
11 Code is hereby amended as follows :
12 "15.04.220 UBC Section 7015 is amended by adding Subsection
13 (a)5 - Final Reports.
14 UBC subsection 7015(a) 5 is added to read as follows :
15 Sec- 7015(a)5. Final Reports: A statement from the
16 Landscape Architect , if any, that the planting and irrigation
17 system(s ) have been installed in accordance with his
18 recommendations . "
19 SECTION 28 . Section 15. 04 . 221 of the San Bernardino Municipal
20 Code is added as follows:
21 "15.04.221 UBC Section 7016 is amended by adding Subsection
22 (a) - Retaining walls.
23 Sec- 7016(a) Retaining walls in excess of 2 . 5 feet in
24 height shall be provided with a protective fence or guardrails
25 of a minimum height of 3 . 5 feet as per section 1712 . "
26
27 SECTION 29. Section 15. 04 . 222 of the San Bernardino Municipal
28 Code is added as follows :
18
1 015.04 .222 UBC Section 7016 is amended by adding Subsection
2 (b) - Driveways.
3 Sec - 7016 (b) Driveways to residential garages of more
4 than 30 feet in length shall extend for a minimum distance of
5 20 feet from the garage, on a maximum grade of 5% . Driveways
6 less than 30 feet in length shall have a maximum grade of 8%
7 for a minimum distance of 20 feet from the garage. No portion
8 of a driveway shall exceed a grade of 20% . Driveways shall be
9 designed so that the algebraic difference in grades will not
10 cause a car to drag or hangup. "
11 SECTION 30. Section 15. 04 . 223 of the San Bernardino Municipal
12 Code is added as follows :
13 15.04 .223 UBC Section 7016 is amended by adding Subsection
14 (c) - Slopes.
15 Sec- 7016(c) Slopes shall be positioned on the downhill
16 lot , unless waived by the Building Official . "
17
1s SECTION 31 . Section 15. 20 . 040 of the San Bernardino Municipal
19 Code is hereby amended to read as follows:
20 "15.20.040 Conditions Requiring Application.
21 A new Certificate of Occupancy shall be required whenever:
22 1 . A new building is constructed.
23 2 . The floor area of an existing building is expanded by more
24 than 10% .
25 3 . A change in use affecting a building' s existing zoning
26 approval or conformity, or a change in the nature of use of
27 a building which would place it in a different occupancy
28
19
1 classification, or division thereof .
2 4 . A building or structure has been vacant for more than 180
3 days .
4 5 . Whenever a building is ordered to be vacated by the
5 Building Official due to substandard or dangerous conditions.
6 6 . Undeveloped or vacant property is to be used or occupied. "
7 SECTION 32, Section 15. 20 . 080 of the San Bernardino Municipal
8 Code is hereby amended to read as follows :
9 "15.20.080 Revocation of Certificate of Occupancy.
10 The Building Official , in writing, may deny or revoke a
11 certificate of occupancy when it is determined that the
12 building, structure, or property is in violation of the codes,
13 or when the certificate was issued in error or on
14 false information supplied by the applicant. The certificate
15 of occupancy is automatically revoked when there is a change
16 of use or occupancy classification, when the building or
17 structure has been vacant for more than 180 days, or when a
18 building is ordered vacated by the Building Official due to
19 substandard or dangerous conditions. "
20
21 SECTION 33. Section 15. 20 . 120 of the San Bernardino Municipal
22 Code is hereby amended to read as follows :
23 "15.20. 120 Connection/Disconnection of Utilities.
24 Buildings, structures or property shall be issued a
25 certificate of occupancy or a temporary certificate of
26 occupancy prior to connection of public utilities. The
27 Building Official may approve the connection of utilities
28
20
rN
1 prior to the issuance of a certificate of occupancy when
2 requested in writing by the applicant for good cause shown,
3 and when he finds that no unsafe conditions exist or will be
4 created by such connection.
5 The Building Official may disconnect or order
6 discontinuance of any utility service to any buildings ,
7 structures , or premises lacking a valid certificate of
8 occupancy or a valid temporary certificate of occupancy. "
9
SECTION 34. Section 15. 28 . 010 of the San Bernardino Municipal
10
Code is hereby amended to read as follows :
11
"15. 28 .010 Referenced Code.
12 The latest edition of the Uniform Code for the Abatement
13
of Dangerous Buildings , as adopted pursuant to section
14
15. 04 . 020 , is incorporated herein, and as hereinafter amended
15 shall govern the identification and abatement of dangerous
16
buildings . "
17
18 SECTION 35. Section 15 . 28 . 020 of the San Bernardino Municipal
19 Code is hereby amended as follows :
20 "15.28.020 Uniform Code for the Abatement of Dangerous
21 Buildings - Amended.
22 Chapters 5 , 6, 7 , 8 , and 9 of the Uniform Code for the
23 Abatement of Dangerous Buildings are hereby deleted.
24 Procedures for appeals, hearings , enforcement of orders ,
25 and abatements shall be in accordance with Chapter 8 . 30 of the
26 San Bernardino Municipal Code. "
27
SECTION 36. Sections 15. 28 . 030 , 15 . 28 . 040 , 15. 28 . 50 ,
28
21
1 15 . 28 . 060 , 15 . 28 . 070 , 15 . 28 . 080 , 15 . 28 . 090 , 15 . 28 . 100 , 15. 28 . 110 ,
2 and 15 . 28 . 120 of the San Bernardino Municipal Code are hereby
3 repealed.
4 SECTION 37. Section 15 . 28 . 170 of the San Bernardino Municipal
5 Code if hereby amended as follows :
6 "15. 28 . 170 Filing of notice of pendency of administrative
7 proceedings.
8 At any time after the building official has initiated
9 action to locate and serve the owners with the notice and
10 order referred to in Section 401 of the Uniform Code for the
11 Abatement of Dangerous Buildings, or has
posted a "Danger"
12 sign upon a structure as
g p provided for in Section 15. 28 . 140 , or
13 has begun summary abatement of a nuisance as
provided for in
14 Section 15 . 28 . 150 , the Building Official or the City Engineer
15 may file with the county recorder a notice of pendency of
16 administrative
proceedings which shall constitute notice to
17 any subsequent owner, purchaser, encumbrancer of the property
18 described therein or involved in the
proceedings , beneficiary
19 of a trust deed, lienholder, mortgagee, or any other person
20 holding or claiming any interest of any kind in the property
21 described therein who shall be bound by the administrative
22
proceedings , including liability for all amounts and costs and
23 expenses assessed against the property as a lien for abatement
24 in the same manner as if he had been the owner at the time of
25 commencement of the
proceedings and had been properly served
26 at that time. "
27
28 SECTION 38 . Chapters 15. 38 , 15. 40 , 15 . 44 , and 15. 60 of the
22
1 San Bernardino Municipal Code are hereby repealed.
2 SECTION 39. Section 15. 04 . 112 of the San Bernardino Municipal
3 Code is added as follows :
4 "15. 04 . 112 Uniform Building Code, Chapter 60, Part II is
I5 amended by adding subsection Chapter 47 to read as follows:
6 Chapter 47
7 47-18 ; 4702 , Table No. 47-A
8 Metal Suspension Systems for Acoustical Tile and for Lay-in
9 Panel Ceilings . UBC Standards 1988 Edition. "
10 SECTION 40. Section 15. 04 . 114 of the San Bernardino Municipal
11 Code is added as follows :
12 "15.04. 114 Uniform Building Code, Appendix Chapter 12,
13 Division III, Subsection 1241 is amended to read as follows:
14 Sec. 1241 . The provisions of this section apply to the design
15 and construction of barriers for swimming pools, spas, and hot
16 tubs located on the premises of Group R, Division 3
17 occupancies . Swimming pools , spas , and hot tubs for which an
18 application for a permit has been submitted prior to the
19 effective date of this ordinance shall comply with the
20 requirements contained in SBMC Chapter 15. 48 . "
21
22
23
24
25
26
27
28
23
ORDINANCE. . . 1. NDING SECTIONS 15. 04 . 020 15. 04 . 070, 15. 04. 075,
15. 04 . 080, 15. 04. 085, 15. 04 . 100, 15. 04 . 120, - 15. 04 . 130, 15. 04 . 133 ,
15. 04 . 140, 15. 04 . 150, 15. 04 . 160, 15. 04 . 165, 15. 04 . 167 , 15. 04 . 175,
1 15. 04 . 177 , 15. 04 . 179, 15. 04 . 220, 15. 20. 040, 15. 20. 080, 15. 20. 120,
15. 28. 010, 15. 28 . 020, 15. 28 . 170, REPEALING CHAPTERS 15. 38 , 15.40,
2 15. 44 , 15. 60, AND SECTIONS 15. 04 . 040, 15. 04 . 095, 15. 04 . 140,
15. 04 . 150, 15. 04 . 160, 15. 04 . 170, 15. 04 . 190, 15.28. 030, 15. 28 . 040,
3 15.28 . 050, 15.28 . 060, 15.28. 070, 15. 28 . 080, 15.28. 090, 15.28. 100,
15.28 . 110, 15.28. 120, AND ADDING SECTIONS 15. 04 . 076, 15. 04 . 077 ,
4 15. 04 . 081, 15. 04 . 083, 15. 04 . 112 , 15. 04 . 114 , 15. 04 . 125, 15. 04 . 163 ,
15. 04 . 221, 15. 04. 222, 15. 04 . 223 OF THE SAN BERNARDINO MUNICIPAL
5 CODE AND ADOPTING THE UNIFORM BUILDING CODE, 1991 EDITION, THE
UNIFORM BUILDING CODE STANDARDS, 1991 EDITION, THE UNIFORM HOUSING
6 CODE, 1991 EDITION, THE UNIFORM ADMINISTRATIVE CODE, 1991 EDITION,
THE UNIFORM BUILDING SECURITY CODE, 1991 EDITION, THE UNIFORM
7 MECHANICAL CODE, 1991 EDITIONS, THE UNIFORM PLUMBING CODE, 1991
EDITION, THE UNIFORM SWIMMING POOL SPA AND HOT TUB CODE, 1991
8 EDITION, THE NATIONAL ELECTRICAL CODE, 1990 EDITION, THE UNIFORM
CODE FOR SOLAR ENERGY INSTALLATIONS, 1991 EDITION, THE UNIFORM CODE
9 FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1991 EDITION, AND
AMENDMENTS THEREON.
10 I HEREBY CERTIFY that the foregoing ordinance was duly
11 adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
12 day of 1993 , by the following vote, to wit:
13 Council Members: AYES NAYS ABSTAIN ABSENT
14 ESTRADA
15 ILLY
16 HERNANDEZ
17 MAUDSLEY
18 MINOR
19 POPE-LUDLAM
20 MILLER
21 City Clerk
22 The foregoing ordinance is hereby approved this day
23 of 1993.
24 W. R. Holcomb, Mayor
25 Approved as to City of San Bernardino
26 form and legal content:
27 JAMES F. PENMAN,
City ttorney /,
28 By: 2 ,