HomeMy WebLinkAboutMC-1433 Adopted: December 21, 2016
Effective: January 21, 2017
1 ORDINANCE NO. MC-1433
2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER
3 15.04 (BUILDING CODES) ADOPTING BY REFERENCE THE 2016 CALIFORNIA
4 BUILDING CODE, THE 2016 CALIFORNIA ELECTRICAL CODE, THE 2016
CALIFORNIA MECHANICAL CODE, THE 2016 CALIFORNIA PLUMBING CODE,
5 THE 2016 CALIFORNIA RESIDENTIAL CODE, THE 2016 CALIFORNIA GREEN
BUILDING CODE, THE 2015 INTERNATIONAL PROPERTY MAINTENANCE
6 CODE, THE 2015 INTERNATIONAL EXISTING BUILDING CODE, THE 2015
7 INTERNATIONAL RESIDENTIAL CODE APPENDIX H, THE 1997 UNIFORM
HOUSING CODE, THE 1997 UNIFORM ADMINISTRATIVE CODE, AND THE 1997
8 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS WITH
APPENDICES AND LOCAL AMENDMENTS
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WHEREAS, the current City of San Bernardino Building Codes were adopted on
11 January 6, 2014 under Ordinance 13-95; and
12 WHEREAS, the California Building Standards Commission (CBSC) is charged by
13 California Building Standards Law (Health and Safety Code Sections 18901 through
18949.31) to administer the processes related to the adoption, approval, publication and
14 implementation of California's building codes (Title 24); and
15 WHEREAS, every three years the CBSC adopts new model codes that regulate the
16 construction or use of building and structures within the State of California; and
17 WHEREAS, local agencies have 180 days, until January 1, 2017, following adoption
of the California Building code by the CBSC to adopt local amendments pursuant to HSC
18 Section 17958 et seq.; and
19 WHEREAS, pursuant to California Government Code Section 6066 notice of the
20 public hearing for adoption of the proposed Ordinance was published twice in the San
Bernardino Sun on November 29 and December 6, 2016.
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22 NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that the above-stated Recitals
24 are true and hereby adopt and incorporate them herein.
25 SECTION 2. The Mayor and Common Council do hereby find and declare pursuant
26 to California Health and Safety Code Sections 13143.5 and 17958.7 the following:
27 A. The City is subject to extreme heat, frequent periods of drought, low
28 humidity, and yearly Santa Ana winds, with recorded that reach gusts in excess of 90 miles
per hour.
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1 B. The City has hillside property and terrain in excess of 30% slop, which include
2 areas within the wildland interface area.
3 C. The City is bisected by freeways, flood control channels, railways, natural
4 streams and the Santa Ana River that impede responses within the City limits.
5 D. There are portions of the City in the Hazardous Fire Area, where water
supply is limited.
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7 E. The City has two potentially active seismic hazard zones along the San
Andreas and San Jacinto faults.
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F. Due to these local climatic, geological and topographical conditions, there is an
9 express need for changes and modifications to the 2016 edition of the California Building
Code.
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11 SECTION 3. The 2016 edition of the California Building Standards Code, known as
the California Code of Regulations, Title 24, incorporating those state adopted model codes
12 listed pursuant to Health and Safety Code Section 17922, and all state adopted amendments
13 thereon, and incorporating the following are hereby adopted by reference:
14 A. California Building Code (CBC), 2016 edition;
B. California Electrical Code (CEC), 2016 edition;
15 C. California Mechanical Code (CMC), 2016 edition;
D. California Plumbing Code (CPC), 2016 edition;
16 E. California Green Building Standards Code (CGBSC), 2016 edition;
17 F. California Residential Code (CRC), 2016 edition
G. Uniform Housing Code(UHC), 1997 edition;
18 H. Uniform Administrative Code(UAC), 1997 edition;
I. Uniform Code for the Abatement of Dangerous Buildings (UCADB), 1997
19 edition;
20 J. International Residential Code, Appendix H, 2015 edition;
K. International Property Maintenance Code (IPMC), 2015 edition; and
21 L. International Existing Building Code (IEBC), 2015 edition.
22 SECTION 4. San Bernardino Municipal Code Chapter 15.04 (Building Codes) is
23 hereby amended to read as shown in Exhibit"A."
24 SECTION 5. The City has determined that adoption of the 2016 Building Codes is
exempt from further environmental review under provisions of the California Environmental
25 Quality Act(CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3), which provides that
26 CEQA applies only to projects that have the potential for causing a significant effect on the
environmental. The City has further determined that it can be seen with certainty that there is
27 no possibility that the activity in question will have a significant effect on the environment.
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1 SECTION 6. The Planning Division of the Community Development Department is
hereby directed to file a Notice of Exemption with the County Clerk of the County of San
2 Bernardino certifying the City's compliance with California Environmental Quality Act in
adopting the Categorical Exemption.
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4 SECTION 7. Severability: If any section, subsection, subdivision, sentence, or
clause or phrase in this Ordinance or any part thereof is for any reason held to be
5 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
6 part thereof. The Mayor and Common Council hereby declares that it would have adopted
7 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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I ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER
2 15.04 (BUILDING CODES) ADOPTING BY REFERENCE THE 2016 CALIFORNIA
BUILDING CODE, THE 2016 CALIFORNIA ELECTRICAL CODE, THE 2016
3 CALIFORNIA MECHANICAL CODE, THE 2016 CALIFORNIA PLUMBING CODE,
4 THE 2016 CALIFORNIA RESIDENTIAL CODE, THE 2016 CALIFORNIA GREEN
BUILDING CODE, THE 2015 INTERNATIONAL PROPERTY MAINTENANCE
5 CODE, THE 2015 INTERNATIONAL EXISTING BUILDING CODE, THE 2015
INTERNATIONAL RESIDENTIAL CODE APPENDIX H, THE 1997 UNIFORM
6 HOUSING CODE, THE 1997 UNIFORM ADMINISTRATIVE CODE, AND THE 1997
7 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS WITH
APPENDICES AND LOCAL AMENDMENTS
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
9 and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
10 19`h day of December, 2016, by the following vote to wit:
11 Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ x
12 BARRIOS x
13 VALDIVIA x
14 SHORETT x
NICKEL x
15 CHARD x
16 MULVIHILL x
17 : ..A .
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George Hanna, CMC, City Clerk
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20 The foregoing Ordinance is hereby adopted this 21 day of December, 2016.
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23 R. Carey Dav's, Mayor
24 City of San Bernardino
Approved as to form:
25 Gary D. Saenz, City Attorney
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By:
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EXHIBIT "A"
ORDINANCE NO. MC-1433
Chapter 15.04
BUILDING CODES
Sections:
15.04.010 Citation
15.04.020 Adoption of Codes by Reference
15.04.030 Applicability
15.04.040 Definitions
15.04.050 CBC Appendix Chapter 1, Section 105.5.1 is added - Prima
Facie Evidence of Abandoned Work
15.04.060 CBC Appendix Chapter 1, Section 112.1.1 is added - Board of
Appeals Designated
15.04.070 CBC Appendix Chapter 1, Section 105.2, Item 2 is
Amended Fences Not Requiring a Building Permit
15.04.080 Applicable Fees and Fee Exemptions
15.04.090 CBC Section 2204.1 .1 is added - Qualification of
Welding Operators. Section 2204.1 .1 Qualification of
Welding Operators
15.04.100 CBC Section 3109.1 .1 is added - Barriers for Swimming Pools
15.04.110 CBC Appendix J, Section J101.3 is added -Alquist-Priolo
Earthquake Fault Zones
15.04.120 CBC Appendix J, Section J101 .4 is added - Enforcement
Authority
15.04.130 On-site Improvement Permit
15.04.140 Preparation of Grading Plans
15.04.150 On-Site Improvement Plans and Specifications
15.04.160 Information on On-Site Improvement Plans
15.04.170 On-site Improvement Plan Review and Permit Fees
15.04.180 Inspection of On-Site Improvements
15.04.190 Bonds Required
15.04.200 CBC Appendix J, Section J110.1 is added - Planting of Slopes
15.04.210 CBC Appendix J, Section J112 is added - Grading Operations
15.04.220 CBC Appendix J, Section J110.3 is added - Final Repots
15.04.230 Driveway Configurations
15.04.240 Location of Slopes
15.04.250 Automatic Fire Sprinkler Systems - Residential Additions
15.04.260 Stop Work Order
15.04.010 Citation
The ordinance codified in this chapter shall be known as the"San Bernardino Building
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Code" hereinafter referred to as the "Building Code".
15.04.020 Adoption of Codes by Reference
A. Adoption of the California Building Standards Code by Reference
Those certain rules and regulations as set forth in the following codes are hereby
adopted by reference as the regulations governing the erection, construction,
alteration, change of occupancy, repair, removal, and maintenance of all
buildings and other structures in the City:
1. The 2016 edition of the California Building Standards Code, known as the
California Code of Regulations, Title 24, incorporating those state adopted
model codes listed pursuant to Health and Safety Code Section 17922, and all
state adopted amendments thereon, and incorporating:
A. California Building Code (CBC), 2016 edition;
B. California Electrical Code (CEC), 2016 edition;
C. California Mechanical Code (CIVIC), 2016 edition;
D. California Plumbing Code (CPC), 2016 edition;
E. California Green Building Standards Code (CGBSC), 2016 edition; and
F. California Residential Code (CRC), 2016 edition.
B. Adoption of Other Codes by Reference
In addition to the California Building Standards Codes, those certain rules and
regulations, as set forth in the following codes, and appendices are hereby adopted
by reference and shall regulate the erection, construction, change of occupancy,
alteration, repair, removal and maintenance of all buildings and other structures in
the City:
1. Uniform Housing Code(UHC), 1997 edition;
2. Uniform Administrative Code(UAC), 1997 edition ;
3. Uniform Code for the Abatement of Dangerous Buildings (UCADB), 1997
edition;
4. International Residential Code, Appendix H, 2015 edition;
5. International Property Maintenance Code (IPMC), 2015 edition; and
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6. International Existing Building Code (IEBC), 2015 edition.
C. Copies of all Codes listed above shall be on file in the Community Development
Department Office for inspection and reference and copies of each code shall be
furnished to the Building Official and each deputy.
15.04.030 Applicability
It shall be unlawful to erect, construct, change the occupancy, alter, repair,
rehabilitate, remove, move or maintain any building or structure, or grade or alter any land,
in the City in violation of, or without complying with the appropriate provisions of this
Chapter.
In the event of any inconsistency or conflict between the above codes and the
requirements of other City ordinances or State statutes, the State statutes and City
ordinances shall govern.
15.04.040 Definitions
"City" in the above mentioned section and codes shall be deemed to refer to
and designate the City of San Bernardino, and any reference to any act or legislative
enactments herein referred to shall be deemed to designate and embrace the statutes
of the State, and the amendments thereof, dealing with the subject matter thereby and
therein referred to.
15.04.050 IBC Appendix Chapter 1, Section 105.5.1 is added -
Prima Facie Evidence of Abandoned Work
Section 105.5.1 Prima Facie Evidence of Abandoned Work
Failure on the part of the permittee to obtain an inspection and to demonstrate
substantial progress to the satisfaction of the Building Official within any 180 day period
shall be prima facie evidence that the work has been abandoned and the permit shall
have expired.
15.04.060 CBC Appendix Chapter 1, Section 113.1.1 is added Board of Appeals
Designated
Section 113.1.1 Board of Appeals Designated
1. The Board of Building Commissioners of the City of San Bernardino shall serve
as the Board of Appeals. The Building Official or his designee shall be Clerk of the
Board. The Board shall have such duties as are delegated to it by the California
Building Code (CBC) as adopted by the City, and other duties as may be delegated
by other provisions of the San Bernardino Municipal Code.
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15.04.070 CBC Appendix Chapter 1, Section 105.2, Item 2 is Amended - Fences
Not Requiring a Building Permit
2. Fences not over 6 feet high, except concrete and masonry fences greater than
three (3) feet above grade. Masonry fences shall be constructed in accordance
with the standard design specifications approved by the Building Official, unless an
alternate 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 or configuration of
materials, or to the height of fences in front, side or rear yards.
15.04.080 Applicable Fees and Fee Exemptions
Applicable Fees: The fees for building, electrical, plumbing, and mechanical permits shall
be as set forth in the latest adopted edition of the Uniform Administrative Code, subject to
such amendments thereto as are adopted in this Chapter, and subject to further
amendments as adopted by resolution of the Mayor and Common Council.
15.04.090 CBC Section 2204.1.1 is added - Qualification of Welding Operators
Section 2204.1.1 Qualification of Welding Operators.
In addition to Section 2204.1, the following subsections shall govern all welding work:
1. All welding shall be done by qualified operators approved by the Building Official.The
Building Official shall prescribe rules and regulations for the tests of welders, and
no operator shall be approved by the Building Official unless and until he/she has
first successfully completed such tests as may be given by the Department of Adult-
Vocational Education of the San Bernardino City Schools, or San Bernardino Valley
College, or has obtained such approval because he/she holds a current welding
certificate issued by an accredited testing agency based upon the requirements of
the California Department of Adult-Vocational Education.Acertificate shall be issued
to operators by the Building Official upon successful completion of the required
test or tests and/or approval as aforesaid being obtained. Requests for the certificate
shall be made by the operator within thirty (30) days after completion of the test.
The certificate shall be valid for two years. Subsequent certificates may be obtained
by successful completion of required tests, or when the approved operator submits
sufficient evidence to the Department of Adult-Vocational Education of the San
Bernardino City Schools, or San Bernardino Valley College that he/she has regularly
engaged in such work and that such work has been satisfactorily performed during
the past year.
2. Every welder employed for welding of steel plate of No. 8 gauge thickness or less
shall be qualified for light gauge welding. Every welder employed for field welding
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shall be qualified to weld in the flat, vertical and overhead positions. Welders,
including light gauge welders who are employed for shop welding, shall be qualified
in the flat, vertical and horizontal positions.
3. Structural steel welding operators shall be qualified as prescribed by the latest
edition of the Structural Welding Code of the American Welding Society.
4. After a welder has passed the required tests, he/ she must be capable of performing
neat and consistently good work in actual operation. Carelessness, inability to
maintain a uniform arc and poor workmanship will be deemed sufficient cause for
revocation of the welder's certificate.
5. A fee of forty dollars ($ 40) will be charged by the City of San Bernardino for each
original or renewed certificate, which shall be valid for two (2) years.
6. At the time application is made, a certificate may be issued without examination
upon presentation of proper evidence that the welder is currently approved for the
position either by the Department of Adult-Vocational Education or other acceptable
proof of qualification.
7. Testing shall be done under the supervision of the San Bernardino City Schools,
Department of Adult-Vocational Education of San Bernardino Valley College or other
accredited testing agency.
15.04.100 CBC Section 3109.1.1 is added - Barriers for Swimming Pools
The requirements of CBC Section 3109, shall apply to single-family swimming pool
barriers. Swimming pools, spas, and hot tubs for which an application for a building
permit was submitted prior to July 23, 1993 shall comply with the requirements contained in
Chapter 15.48 of the San Bernardino Municipal Code.
15.04.110 CBC Appendix J, Section J101.3 is added - Alquist-Priolo Earthquake
Fault Zones
J101.3 Alquist-Priolo Earthquake Fault Zones. This chapter shall also include those
requirements set forth in the "Alquist-Priolo Earthquake Fault Zoning Act (Division 2,
Chapter 7.5, California Public Resources Code). This Act is intended to represent minimum
criteria for all structures that fall within the boundaries as shown on the "Earthquake Fault
Zones Maps" as prepared by the California Division of Mines and Geology.
15.04.120 CBC Appendix J, Section J101.4 is added - Enforcement Authority
J101.4 Enforcement Authority. The Building Official of the City of San Bernardino or
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his/her designee shall have the authority for the enforcement of IBC Appendix Chapter J
and any amendments thereto.
15.04.130 On-site Improvement Permit
No person shall construct any on-site improvement for motor vehicle parking or vehicle
circulation, the disposal of waste through a private sewer main, the conveyance of storm
waters, or landscaping and irrigation systems, without first obtaining a permit from the
Building Official. A permit issued by the Building Official for the purpose of
construction of the improvements set forth herein shall hereafter be known as an
on-site improvement permit.
15.04.140 CBC Appendix J, Section J103.1.1 is added Preparation of Grading
Plans
A grading plan and a grading permit shall be required for any grading activity
involving more than 50 cubic yards. All grading plans shall be prepared by a
registered civil engineer.
15.04.150 On-Site Improvement Plans and Specifications
When required by the Building Official, plans and specifications, and verification of
land use entitlement shall accompany each application for an on-site improvement
permit. Plans and specifications required by the Building Official shall be prepared and
signed by a registered civil engineer. Specifications may be incorporated into the plans as
general notes in lieu of a separate document. Verification of land use entitlement
requirements are incorporated into the Grading Policy promulgated by the Community
Development Department.
15.04.160 Information on On-site Improvement Plans
On-site improvement plans shall contain all information set forth in CBC Chapter 1,
Section 105. 3 and shall include additional information as required by the Building
Official.
15.04.170 On-site Improvement Plan Review and Permit Fee
When an on-site improvement plan is required to be submitted, a plan review fee shall be
paid at the time of submittal of plans and specifications. Items to be reviewed shall be
improvements including, but not limited to, paving, curbs, sidewalks, private sewer mains,
drainage facilities, landscaping, and irrigation systems.
Fees for each on-site improvement permit shall be paid to the City at the time of permit
Issuance. Said on-site plan review and permit fees shall be in an amount established by
resolution of the Mayor and Common Council.
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15.04.180 Inspection of On-Site Improvements
All on-site improvements for which a permit is required shall be subject to inspection by
the Building Official or his/her designee.
15.04.190 Bonds Required
A grading permit shall not be issued unless the applicant has first posted with the
Building Official a good and sufficient surety bond, cash, letter of credit (CoL) or certificate
of deposit in such an amount as the Building Official shall estimate and determine to be
necessary to cover the total cost of the project, including corrective work necessary to
remove and eliminate geological hazards. The Building Official shall require a written
itemized estimate of the costs of the grading. The amount of the required bond, cash,
instrument of credit or certificate of deposit, is based on the estimate of cost and shall be
given to the owner or applicant prior to the issuance of the permit.
When security for the grading is provided for a development on the site where the
grading is to be done, the bond for the grading required shall be released upon
submission of evidence by the permittee to the Building Official that the grading work is
complete and signed off by the Construction Engineer.
An agreement between the Redevelopment Agency, the Inland Valley Development
Agency, or the San Bernardino International Airport Authority, and the City of San
Bernardino, approved by the City Attorney and unconditionally providing and
guaranteeing that said Agency shall provide those grading and other improvements
and pay the costs thereof required, may be filed with the Building Official as security in
lieu of said bond, cash or certificate of deposit wherever said project is located in a
redevelopment project area and the agreement recites that the street improvements are in
compliance with the Redevelopment Plan for said area and in furtherance of the public
interest in promoting public or private development.
15.04.200 CBC Appendix J, Section J110.1.1 is added - Planting of Slopes
J110.1.1 Planting of Slopes. The Building Official may waive the planting of any
slope less than 5 feet in vertical height. An automatic irrigation system shall be
installed for planted slopes unless recommended otherwise in the preliminary soils
report or waived by the Building Official. If required by the Building Official, a
recommendation for types of planting materials shall be obtained from a Landscape
Architect. The Landscape Architect shall, prior to final inspection, provide the Building
Official with a statement that the planting has been done in accordance with his
recommendations approved by the Building Official.
15.04.210 CBC Appendix J, Section J112 is added - Grading Operations
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J112.1 General. All parties performing grading operations, under a grading permit
issued by the Building Official, shall have verification of land use entitlement and shall
take reasonable preventive measures, as directed by the Building Official and
incorporated into the Grading Policy promulgated by the Community Development
Department, to avoid earth or other materials from the premises being deposited onto
adjacent streets or properties, by the action of storm waters or wind, by spillage from
conveyance vehicles or by other causes.
J112.2 Removal of Materials Within 24 Hours. Earth or other materials which are
deposited on adjacent streets or properties shall be completely removed by the permittee
as soon as practical, but in any event within 24 hours after receipt of written notice from
the Building Official, or NPDES Coordinator, or their designees, to remove the earth or
materials, or within such additional time as may be allowed by written notice.
J112.3 Noncompliance. In the event that any party performing grading shall fail
to comply with the requirements of this Section, the Building Official shall have the
authority to engage the services of a contractor to remove the earth or other materials. All
charges incurred for the services of the contractor shall be paid to the City by the
permittee prior to acceptance of the grading.
15.04.220 CBC Appendix J, Section J110.3 is added - Final Reports
J110.3 Final Reports . A statement from the Landscape
Architect s h a l l be submitted to the City Engineer stating that the planting and
irrigation system(s) have been installed in accordance with his recommendations.
15.04.230 Driveway Configurations
Driveways to residential garages of more than 30 feet in length shall extend for a
minimum distance of 20 feet from the garage on a maximum grade of 5%. Driveways
less than 30 feet in length shall have a maximum grade of 8% for a minimum distance of
20 feet from the garage. No portion of a driveway shall exceed a grade of 20%.
Driveways shall be designed so that the algebraic difference in grades will not cause
a car to drag or hang up.
15.04.240 Location of Slopes
Slopes shall be positioned on the downhill lot unless waived by the City Engineer.
15.04.250 Automatic Fire Sprinklers— Residential Additions
The exception listed in Section R313.2 of the 2016 California Residential Code is hereby
amended to read:
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"An automatic fire sprinkler system shall be required for remodel, rehabilitation, repairs or
additions where the cumulative square footage of the new work exceeds 50% of the
existing square footage as determined by the Chief Building Official."
15.04.260 Stop work order
A. Any person, firm or corporation who continues work on a building or structure after a
stop work order has been issued by any of the employees listed in San Bernardino
Municipal Code Section 9.90.010 A2, 3, 4, 5, 6 or 8, shall be guilty of a misdemeanor.
B. Each day during any part of which the activity prohibited by subdivision (a) of this
section continues shall be a distinct and separate offense.
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