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HomeMy WebLinkAboutMC-1047 ,Adupted: Effective: Kay 17, 1999 June 17, 1999 1 2 ORDINANCE NO, KC-l047 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 15.04.020, 15.04,080B2, I5.I0.040B, AND ADDING SECTION 15.04.055 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 1998 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, KNOWN AS THE CALIFORNIA CODE OF REGULATIONS, TITLE 24 (CCR, T -24), INCORPORATING THE UNIFORM BUILDING CODE, 1997 EDITION, THE 6 UNIFORM MECHANICAL CODE, 1997 EDITION, THE UNIFORM PLUMBING CODE, 1997 EDITION, THE NATIONAL ELECTRICAL CODE, 1996 EDITION; AND 7 ADOPTING THE UNIFORM HOUSING CODE, 1997 EDITION, THE UNIFORM ADMINISTRATION CODE, 1997 EDITION, THE UNIFORM CODE FOR THE 8 ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION, AND, AMENDING 9 THOSE CALIFORNIA BUILDING STANDARDS AS IDENTIFIED HEREIN, THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY. 3 4 5 10 11 WHEREAS, pursuant to California Health and Safety Code Section 17960, local agencies are required to enforce building regulations imposed by Section 17922 of the California 12 13 Health and Safety Code; and 14 WHEREAS, pursuant to Section 17958 of the California Health and Safety Code, a city 15 may make changes in the provisions adopted pursuant to Section 17922 of the California Health 16 and Safety Code through express findings of local neeessity; and 17 WHEREAS, it is necessary to update codes incorporated into the San Bernardino 18 19 20 Municipal Code. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF 21 SAN BERNARDINO DO ORDAIN AS FOLLOWS: 22 SECTION 1: Findings of Local Necessity, Pursuant to Health and Safety Code 23 Sections 17958.7 and 18941.5 a local governing body must make express findings that 24 amendments to state building standards are necessary because oflocal climatic, geological, or 25 26 topographical conditions. The following findings, applicable to those sections of this code referenced herein, are hereby made: 27 28 I KC-l047 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1.1 In regard to 15.04.020 B(1): It is hereby determined and found that the alternate abatement procedures and requirements contained in the Uniform Housing Code, the Uniform Code For the Abatement of Dangerous Buildings, and Chapter 8.30 of this code, are equivalent to those provided by the State Housing Law (CCR, Title 25). 1.2 In regard to 15.04.020 B(2): The Uniform Administrative Code provides standard administrative requirements for the enforcement of the uniform codes. Such requirements do not constitute "building standards" as defined by law, and therefore a finding oflocal necessity is not required. 1.3 In regard to 15.04.020 B(3): A number offactors necessitate the adoption of the Uniform Code for the Abatement of Dangerous Buildings. There exists in the city a number of dilapidated and abandoned buildings which negatively impact the health and safety of the community. Due to the City's relatively temperate winter climate vagrants are attracted to the area and illegally oceupy many of these substandard structures. The City has experienced an epidemic of structural fires in abandoned buildings which may be caused by the warming fires of vagrants, arson, or other factors. Several lives have been lost in sueh fires. Due to the propensity for high winds and hot weather experienced from "Santa Ana Wind" conditions, adj acent occupied structures and vegetated areas are threatened by fires in abandoned buildings. 1.4 In regard to 15.04.020 B(4): Due to extreme summer temperatures often exceeding 100 degrees Fahrenheit, and a multitude of private swimming pools in residential neighborhoods, unsupervised children can be enticed or attracted to such pools which may result in drowning injuries or deaths. Therefore adequate standards for swimming pool barriers are necessary. The City adopted Appendix 4, Division I prior to January 1,1997, and therefore it qualifies as a pre- existing ordinance pursuant to Health and Safety Code Section 115922. 2 KC-l047 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1.5 In regard to 15.04.020 B(5): Due to severe summer heat and Santa Ana wind conditions roofing materials installed on structures may become damaged or otherwise deteriorate rapidly. This leads to a high level of reroofing activity, and often multiple layers of roofing materials are applied to buildings which may exceed the structural design capacity ofroof systems giving rise to the potentiality of structural failures. In addition, the city has various high fire hazard areas (Foothill Fire Zones) that are so designated based on their steep terrain and natural state of vegetation. Fire resistive roofing materials are necessary within these high fire hazard zones in order to limit fire exposure, property damage, and potential loss oflife in the event of wildland fires. As a result, it is necessary to adopt Appendix Chapter 15 in order to regulate reroofing acti vi ty. 1.6 In regard to 15.04.020 B(6) Various areas of the City experience wind storms with sustained winds of 80 miles per hour and gusts of 100 miles per hour. These High Wind Zones are identified in the City's General Plan. Previous wind storms have resulted in damage to property and building failures. Building failures have the potential to cause injury or death. The conventional framing requirements contained in Chapter 23 of the Uniform Building Code are not adequate in these areas. Appendix Chapter 23 provides adequate standards for conventional construction in these high wind zones. 1.7 In regard to 15.04.020 B(7): Various areas in the City lie within flood zones identified in the Flood Insurance Rate Maps promulgated by the Federal Emergency Management Agency. Such areas are subject to periodic flooding which may result from heavy precipitation. Property damage and personal injuries resulting from floods can be avoided by utilizing the special construction requirements contained in Appendix Chapter 31, Division I. 1.8 In regard to 15.04.020 B(8): The City is subject to a number of geologieal hazards which impact the construction of buildings and grading operations. Two major earthquake 3 - KC-l047 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 faults traverse the City; the San Jacinto Fault through the western portion of the City, and the infamous San Andreas Fault to the north. Large portions of the City are subject to liquefaction during seismic events due to poor soil conditions and high water tables. The potential exists for damage due to erosion and landslides caused by ground saturation from heavy rains in the City's foothill areas. In addition, high winds create unique problems for grading operations. As a result, proper grading procedures and their enforcement are neeessary to mitigate the potential for loss oflife and property damage. 1.9 In regard to 15.04.055: Administrative requirements do not constitute "building standards" as defined by law, and therefore a finding oflocal necessity is not required. 1.10 In regard to 15.10.040 B: Within the foothill areas of the City the threat of wildland fires during the Summer and Fall months is an ever present danger. The Panorama Fire of 1980 destroyed approximately 350 homes and burned 41,000 acres. Wildland fires, aggravated by Santa Ana Winds, dry brush, and steep hillside terrain can overcome available fire fighting resources, and can burn out of control for days. Foothill Fire Zone Building Standards are necessary to promote public safety and reduce property damage due to fires by minimizing the fire exposure of structures built in high fire zones. SECTION 2: Section 15.04.020 of the San Bernardino Munieipal Code is hereby amended as follows (Express findings of local necessity are provided in Section I for those subseetions marked by an asterisk (*)): "15.04,020 Adoption of Codes By Reference A. Adoption of the California Building Standards Code by Reference. Those eertain rules and regulations, as set forth in the following codes are hereby adopted by reference as the regulations governing the erection, construction, alteration, repair, removal, and maintenance of all buildings and other structures in the City: 4 KC-1047 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) The 1998 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. The Uniform Building Code, 1997 edition, published by the International Conference of Building Officials; B. The Uniform Mechanieal Code, 1997 edition, published by the International Conference of Building Officials; C. The Uniform Plumbing Code, 1997 edition, published by the International Association of Plumbing and Mechanical Officials; D. The National E1ectrieal Code, 1996 edition, published by the National Fire Protection Association; 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 appendiees are hereby adopted by reference and shall regulate the erection, construction, alteration, repair, removal and maintenance of all buildings and other struetures in the city: (1) Uniform Housing Code *, 1997 edition, published by the International Conference of Building Officials; (2) Uniform Administrative Code *, 1997 edition, published by the International Conference of Building Officials. (3) Uniform Code For the Abatement of Dangerous Buildings *, 1997 edition, published by the International Conference of Building Officials. 5 KC-l047 Projects. 107.4.1 Plan Review Extensions for Phased Projects 6 KC-l047 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For projects that are to be constructed in phases, such as tract housing, the Building Official may grant additional extensions of time that may be deemed reasonable. At the time of the adoption of any new or updated code provisions, plan reviews that were submitted more than one year prior to the effective date of such codes shall expire. Such projects shall be required to update their plans based on the new code requirements and resubmit for plan review. Fees for such plan reviews shall be commensurate with the extent of the work neeessary to review the plans under the new code provisions." SECTION 4: Section 15.04.080, Subsection B, Subsection 2 of the San Bernardino Municipal Code relating to fee exemptions is amended to read as follows: "2. Natural Disaster Damage - No fees shall be charged for permits issued to owners for demolition or first rebuilding of damaged or destroyed struetures located in an area designated as a disaster area by resolution of the Mayor and Common Council. This exemption shall apply only to property owners ofrecord at the time of the disaster, and not to persons subsequently acquiring the property. This fee exemption shall be valid for a period of 7 (seven) years from the date of the adoption of the resolution." SECTION 5: Section 15.10.040, subsection B of the San Bernardino Municipal Code relating to Foothill Fire Zone Building Standards is amended to read as follows (Express findings oflocal neeessity are provided in Section I): "B. Existing Structures For existing structures, retrofitting of an element is required when more than 25% replacement of that element occurs. An addition to an existing structure need not comply with these standards if the addition does not exceed 25% of the floor area of the existing structure and the existing 7 KC-l047 structure was not required to meet these requirements when originally construeted. Retrofitting of an entire structure is required when a combination of elements are replaced or other repairs are made equal in value to 50 % or more of the replacement cost of the structure as determined by the building official. Alterations made to a structure shall not increase the degree of non-conformity in regards to these standards." 8 KC-l047 1 AN ORDINANCE.., AMENDING SECTIONS 15,04,020, l5.04,080B2, l5.10,040B, AND 2 ADDING SECTION 15.04.055 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE ADOPTION OF THE 1998 EDITION OF THE CALIFORNIA 3 BUILDING STANDARDS CODE AND OTHER RELATED CODES, AND AMENDING THOSE CALIFORNIA BUILDING STANDARDS AS IDENTIFIED HEREIN, 4 THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY, 5 6 7 Common Council of the City of San Bernardino at a i oint regular 8 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and held on the 17 day of 9 Council Members 10 11 ESTRADA 12 LIEN 13 MCGINNIS 14 SCHNETZ 15 16 17 ANDERSON DEVLIN 18 MILLER 19 20 21 meeting thereof, May , 1999, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x X x x x x ~I h.~ Cit Clerk The foregoing resolution is hereby approved this >>11. 22 23 24 25 Approved as to form and legal content: 26 27 1999. JAMES F. PENMAN City Attorney 28 .~ May VALLES, Mayor San Bernardino 9