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HomeMy WebLinkAbout14-Development Services c c c CITY OF SAN BERNARDINO -' REQUEST FOR COUNCIL ACTION From: Valerie Ross, Director Subject: Urgency Ordinance amending and repealing various sections ofSBMC Chapter 15 and adopting the 2007 California Building Standards Codes and amendments thereon. MlCC Meeting Date: Dec. 3, 2007 Dept: Development Services Date: November 21, 2007 Synopsis of Previous Council Action: None Recommended Motion: That further reading of the Urgency Ordinance be waived and that said Ordinance be laid over for fmal adoption. Jiiua; t. Rffl- . Signature Contact person: Tn..-ph T Pl>... Phon... (QOQ) ,R4_~171 Supporting data attached: StaffRc:port /Ordinance Ward: All FUNDING REQUIREMENTS: Amount:-O- Source: (Acet. No.) {A,..,..t npc:rnptlnn) Finance: Council Notes: Agenda Item No. 1J-%jlJ7 /4 C, CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: An Urgency Ordinance amending and repealing various sections of SBMC, Chapter] 5, and adopting the 2007 California Building Standards Codes and amendments thereon. c 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 2006 edition ofthe International Building Code, the 2005 edition of the National Electrical Code, the 2006 edition of the Uniform Mechanical Code, the 2006 edition of the Uniform Plumbing Code, and the 2006 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 I, 2008 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 oflocal climatic, geological, or topographical conditions. Section 2 of the proposed ordinance provides findings for the amendments found in Sections 4,6,7,8, 11, 12, 13,14, 16,17,18,20,21,22,23,25,26,27,28, 29,30,31,32,34,36,37, and 38. 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; 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, with the exception of those contained in Sections 18 and 26. 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. Section 18 includes an amendment to SBMC 15.04.130 that deletes the existing second sentence which excluded residential driveways from the requirements of an On-site Improvement Permit. Since this section requires all other residential site improvements such as paving, sidewalks, curbs, sewers, drainage facilities, et cetera to be included, staff believes that there is not a sound basis for excluding driveways. c /;:!-3-t)7 t:1ep/&<cel1'e"f- R.~s tUo. I 4 c c c Section 26 includes an amendment to 15.04.180 affecting the requirement to post a surety bond to guarantee completion of grading and on-site and off-site improvements. Previously, a bond was only required on projects having grading in excess of 5,000 cubic yards. This threshold has been eliminated to require that bonds be posted for all projects for which a grading permit is required. Based on past problems with smaller projects, staff believes this amendment is necessary to insure that all such projects are completed in compliance with City standards in a timely manner. A number of existing sections are being repealed because changes in the new version ofthe California Building Standards Codes will make them unnecessary, redundant, or otherwise inapplicable. These repealed sections inelude 15.04.055, 15.04.077, 15.04.084, 15.04.105, 15.04.116, 15.04.117, 15.04.118, 15.04.119, 15.04.133, and 15.12.010. The requirements formerly in repealed Section 15.04.177 were combined into amended Section 15.04.175. Likewise, requirements of repealed Section 15.04.250 are now included in amended Section 15.74.010. The State of California has added a new Chapter 7 A to the California Building Code relating to Materials and Construction Methods for Exterior Wildfire Exposure. Chapter 7 A will be applicable to Very High Fire Hazard Severity Zones within the city limits as designated by the State. These state designated VHFHS Zones should have similar boundaries as the City's current Foothill Fire Zones, but the State has yet to publish the maps. Due to the unavailability of the maps, the State has delayed the effective date for Chapter 7 A until July I, 2008. The proposed ordinance includes amendments to SBMC Chapter 15.10 which will make the City's existing Foothill Fire Zone Building Standards complementary to the State Chapter 7 A. This ordinance is proposed as an urgency ordinance due to the fact that the 2007 California Building Standards Code will become effective on January I, 2008 and it is necessary to harmonize existing local amendments with the requirements ofthe new codes by the effective date. Financial Impact: No appreciable financial impact should result from the adoption of these changes. Recommendation: That further reading of the Urgency Ordinance be waived and that said Ordinance be laid over for final adoption. 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 ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 15.04.010, 15.04.020, 15.04.065, 15.04.070, 15.04.075, 15.04.100, 15.04.110, 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, 15.04.221, 15.04.222, 15.04.223, 15.04.225, 15.04.230, 15.04.250, 15.10.040, 15.10.060, 15.10.080, 15.74.010 AND REPEALING SECTIONS 15.04.055, 15.04.077, 15.04.084, 15.04.105, 15.04.116, 15.04.117, 15.04.118, 15.04.119, 15.04.133, 15.04.177, 15.04.250, 15.12.010 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, KNOWN AS THE CALIFORNIA CODE OF REGULATIONS, TITLE 24 (CCR, T-24), INCORPORATING THE INTERNATIONAL BUILDING CODE, 2006 EDITION, THE UNIFORM MECHANICAL CODE, 2006 EDITION, THE UNIFORM PLUMBING CODE, 2006 EDITION, THE NATIONAL ELECTRICAL CODE, 2005 EDITION; AND ADOPTING THE UNIFORM HOUSING CODE, 1997 EDITION, THE UNIFORM ADMINISTRATIVE CODE, 1997 EDITION; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUlLDNGS, 1997 EDITION, AND AMENDING THOSE CALIFORNIA BUILDING STANDARDS AS IDENTIFIED HEREIN, THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY, AND DECLARING THE URGENCY THEREOF AND TAKING EFFECT ON JANUARY 1,2008. 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 Health and Safety Code; and WHEREAS, pursuant to Section 17958 of the California Health and Safety Code, a city may make changes in the provisions adopted pursuant to Section 17922 of the California Health and Safety Code through express findings oflocal necessity; and WHEREAS, it is necessary to update the codes incorporated into the San Bernardino Municipal Code, and WHEREAS, in order to prevent a lapse in the enforcement of the City's local amendments and to provide a uniform date of applicability of the State Codes and locally adopted amendments thereto, it is necessary to adopt this ordinance as an urgency ordinance. lUo, J L{ I 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 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1: Effective Date. This ordinance shall be effective commencing January 1, 2008. SECTION 2: Findings of Local Necessity. Pursuant to Health and Safety Code Sections 17958.7 and 18941.5 a local governing body must make express findings that amendments to state building standards are necessary because of local climatic, geological, or topographical conditions. The following findings, applicable to those sections of the San Bernardino Municipal Code referenced herein, are hereby made: 1.1 In regard to 15.04.020 B(I): It is hereby determined and found that the alternate abaternent 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 codes. Such requirements do not constitute "building standards" as defined by law, and therefore a finding of local necessity is not required. 1.3 In regard to 15.04.020 B(3): A number of factors 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 may illegally occupy many of these substandard structures. The City has experienced numerous 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 such fires. Due to the 2 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 propensity of high winds and hot dry weather resulting from "Santa Ana Wind" conditions, adjacent occupied structures and vegetated areas are threatened by fires originating in abandoned buildings. 1.4 In regard to 15.04.020B(4), 15.04.065, 15.04.070, 15.04.075, 15.04.100, 15.04.125, 15.04.130, 15.04.163, 15.04.165, 15.04.167, 15.04.175, 15.04.179, 15.04.180, 15.04.230, and 15.04.250: Administrative requirements do not constitute "building standards" as defined by law, and therefore a finding oflocal necessity is not required. 1.5 In regard to 15.04.020 B(5): Patio covers are particularly susceptible to damage from high winds experienced in many areas of the City. 1.6 In regard to 15.04.020B(6), 15.04.120, 15.04.210, 15.04.222, and 15.04.223: The City is subject to a number of geological hazards which impact grading operations and the construction of buildings. Two major earthquake 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 necessary to mitigate the potential for loss of life and property damage. 1.7 In regard to 15.04.110, 15.04.200 and 15.04.220: At times the City is subject to flooding and soil erosion as a result of severe precipitation. Provisions for adequate site drainage and erosion control measures are necessary to minimize damage caused by flooding and erosion. 3 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 1.8 In regard to 15.04.114: Due to extreme summer temperatures 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. 1.9 In regard to 15.04.221: Retaining walls may be employed to stabilize surcharges due to site specific topographical features such as steep slopes. When so employed, retaining walls create a falling hazard when the upper slope is accessible to pedestrian activity. 1.10 In regard to 15.10.040A, 15.10.060, and 15.10.080: Within the foothill areas of the City the threat of wildland fires is an ever-present danger. The Panorama Fire of 1980 destroyed approximately 350 homes and burned 41,000 acres. Another 330 homes were lost in the Old Waterman Canyon Fire in 2003. 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. Fire-resistive construction standards for Very High Fire Hazard Severity Zones, formerly known as Foothill Fire Zones, are necessary to limit sources of ignition and the spread of fire in such areas. SECTION 3. Section 15.04.010 of the San Bernardino Municipal Code is hereby amended as follows: "15.04.010 Citation The ordinance codified in this chapter shall be known as the "San Bernardino Building Code" hereinafter referred to as the "Building Code". SECTION 4. Section 15.04.020 of the San Bemardino Municipal Code is hereby amended as follows (Express findings of local necessity are provided in Section 2 for those subsections marked by an asterisk (*)): "15.04.020 Adoption of Codes by Reference 4 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 B. 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, repair, removal, and maintenance of all buildings and other structures in the City: The 2007 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 International Building Code (IBC), 2006 edition, published by the International Code Council; B. The National Electrical Code (NEC), 2005 edition, published by the National Fire Protection Association; (I) C. The Uniform Mechanical Code (UMC), 2006 edition, published by the International Association of Plumbing and Mechanical Officials; D. The Uniform Plumbing Code (UPC), 2006 edition, published by the International Association of Plumbing and Mechanical Officials; E. The International Existing Building Code (IEBC), 2006 edition, published by the International Code Council. 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, alteration, repair, removal and maintenance of all buildings and other structures in the City: 5 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 Uniform Housing Code* (UHC), 1997 edition, published by the International Conference of Building Officials; (2) Uniform Administrative Code* (UAC), 1997 edition, published by the International Conference of Building Officials; (3) Uniform Code for the Abatement of Dangerous Buildings* (UCADB), 1997 edition, published by the International Conference of Building Officials; (4) International Building Code, Appendix Chapter 1 - Administration*, 2006 edition, published by the International Code Council; (5) International Building Code, Appendix I - Patio Covers*, 2006 edition, published by the International Code Council; (6) International Building Code, Appendix Chapter J - Grading*, 2006 edition, published by the International Code Council. (*Express findings of local necessity are provided in Section 2 of the adopting Ordinance, MC .) It shall be unlawful to erect, construct, alter, repair; remove 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 the above codes. Copies of each code shall be kept on file in the City Clerk's Office for inspection and reference and copies of each code shall be furnished to the Building Official and each deputy. 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." SECTION 5. Section 15.04.055 of the San Bernardino Municipal Code is hereby repealed. 6 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 SECTION 6. Section 15.04.065* of the San Bernardino Municipal Code is hereby amended to read as follows: "15.04.065 IDC 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." SECTION 7. Section 15.04.070* of the San Bernardino Municipal Code is hereby amended to read as follows: "15.04.070 IDC Appendix Chapter 1, Section 112.1.1 is added - Board of Appeals Designated. Section 112.1.1 Board of Appeals Designated. I. 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 International Building Code as adopted by the City, and other duties as may be delegated by other provisions of the San Bernardino Municipal Code. 2. All requests for appeal of administrative decisions of the Building Official to the Board of Building Commissioners shall include a non-refundable appeals fee of Seventy-Five Dollars ($75) paid to the City." SECTION 8. Section 15.04.075* of the San Bernardino Municipal Code is hereby amended to read as follows: 7 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 "15.04.075 IBC Appendix Chapter 1, Section 105.2, Item 2 is Amended - Fences Not Requiring a Building Permit. 2. Fences not over 6 feet high, exceot 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. Exernption 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." SECTION 9. Section 15.04.077 of the San Bernardino Municipal Code is hereby repealed. SECTION 10. Section 15.04.084 of the San Bernardino Municipal Code IS hereby repealed. SECTION 11. Section 15.04.100* of the San Bernardino Municipal Code is hereby amended to read as follows: "15.04.100 IBC 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 8 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 2. because he/she holds a current welding certificate issued by an accredited testing agency based upon the requirements of the California Department of AduIt- Vocational Education. A certificate 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. 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 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. Structural steel welding operators shall be qualified as prescribed by the latest edition of the Structural Welding Code of the American Welding Society. 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. 3. 4. 9 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 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. SECTION 12. Section 15.04.105 of the San Bernardino Municipal Code is hereby repealed. SECTION 13. Section 15.04.110* of the San Bernardino Municipal Code is hereby amended to read as follows: "15.04.110 lBC Appendix J, Section JI09.5 is added - Site Drainage. JI09.5 Site Drainage. The disposal of roof drainage water from buildings and drainage water from all improved impervious surfaces on a lot shall be directed to the nearest street or to a drainage area or facility approved by the City Engineer." SECTION 14. Section 15.04.114* of the San Bernardino Municipal Code is amended to read as follows: "15.04.114 lBC Section 3109.1.1 is added - Barriers for Swimming Pools. 3109.1.1 Barriers for Swimming Pools. The requirements of lBC Section 3109, in addition to those requirements contained in CBC 3109.4.4, shall apply to single-family swimming pool barriers. In the event of any conflict the most restrictive requirements shall apply. Swimming pools, spas, and hot tubs for which an application 10 1-.- for a building pennit was submitted prior to July 23, 1993 shall comply with the requirements contained in Chapter 15.48 of the San Bemardino Municipal Code." SECTION 15. Sections 15.04.116,15.04.117,15.04.118, and 15.04.119 of the San Bernardino Municipal Code are hereby repealed. SECTION 16. Section 15.04.120* of the San Bernardino Municipal Code is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 amended to read as follows: 19 "15.04.125 IDC Appendix J, Section JI0l.4 is added - Enforcement Authority. 20 JI01.4 Enforcement Authority. The City Engineer of the City of San 21 Bernardino or hislher designee shall have the authority for the enforcement of IBC Appendix 22 Chapter J and any amendments thereto. The tenn "Building Official" as hereinafter appears in 23 24 Appendix J shall mean the City Engineer." 25 SECTION 18. Section 15.04.130* of the San Bernardino Municipal Code is 26 amended to read as follows: 27 "15.04.130 On-site Improvement Permit. 28 amended to read as follows: "15.04.120 IDC Appendix J, Section JI0l.3 is added - Alquist-Priolo Earthquake Fault Zones. JI0l.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." SECTION 17. Section 15.04.125* of the San Bernardino Municipal Code is 11 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 No person shall construct anyon-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 City Engineer. A permit issued by the City Engineer for the purpose of construction of the improvements set forth herein shall hereafter be known as an on-site improvement permit." SECTION 19. hereby repealed. SECTION 20. Section 15.04.133 of the San Bemardino Municipal Code IS Section 15.04.163* of the San Bemardino Municipal Code is amended to read as follows; "15.04.163 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." SECTION 21. Section 15.04.165* of the San Bernardino Municipal Code is amended to read as follows; "15.04.165 On-Site Improvement Plans and Specifications. When required by the City Engineer, two sets of 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 City Engineer 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 Department of Development Services." 12 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 SECTION 22. Section 15.04.167* of the San Bernardino Municipal Code is amended to read as follows: "15.04.167 Information on On-site Improvement Plans. On-site improvement plans shall contain all information set forth in IBC Appendix Chapter I, Section 105.3 and shall include additional information as required by the City Engineer." SECTION 23. Section 15.04.175* of the San Bernardino Municipal Code is amended to read as follows: "15.04.175 On-site Improvement Plan Review and Permit Fees. 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 Engineer 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." SECTION 24. Section 15.04.177 of the San Bernardino Municipal Code IS hereby repealed. SECTION 25. Section 15.04.179* of the San Bernardino Municipal Code is amended to read as follows: "15.04.179 Inspection of On-site Improvements. All on-site improvements for which a permit is required shall be subject to inspection by the City Engineer or his/her designee." 13 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 SECTION 26. Section 15.04.180* of the San Bernardino Municipal Code is amended to read as follows: "15.04.180 Bonds Required. A grading permit shall not be issued unless the applicant has first posted with the City Engineer a good and sufficient surety bond, cash, or certificate of deposit in such an amount as the City Engineer 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 City Engineer 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 City Engineer 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 City Engineer 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." 14 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 SECTION 27. Section 15.04.200* of the San Bernardino Municipal Code is amended to read as follows; "15.04.200 IBC Appendix J, Section Jll0.1.1 is added - Planting of Slopes. Jll0.1.1 Planting of Slopes. The City Engineer may waive the planting of any slope less than 5 feet in vertical height. An automatic irrigation systern shall be installed for planted slopes unless recommended otherwise in the preliminary soils report or waived by the City Engineer. If required by the City Engineer. a recommendation for types of planting materials shall be obtained from a Landscape Architect. The Landscape Architect shall, prior to final inspection, provide the City Engineer with a statement that the planting has been done in accordance with his recommendations approved by the City Engineer." SECTION 28. Section 15.04.210* of the San Bernardino Municipal Code is amended to read as follows; "15.04.210 IDC Appendix J, Section J112 is added - Grading Operations. J112.1 General. All parties performing grading operations, under a grading permit issued by the City Engineer, shall have verification of land use entitlement and shall take reasonable preventive measures, as directed by the City Engineer and incorporated into the Grading Policy promulgated by the Department of Development Services, 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 15 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 written notice from the City Engineer to remove the earth or materials, or within such additional time as may be allowed by written notice from the City Engineer. JIl2.3 Noncompliance. In the event that any party performing grading shall fail to comply with the requirements of this Section, the City Engineer 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." SECTION 29. Section 15.04.220* of the San Bemardino Municipal Code is amended to read as follows: "15.04.220 IBC Appendix J, Section JIlO.3 is added - Final Reports. JIlO.3 Final Reports. A statement from the Landscape Architect shall be submitted to the City Engineer stating that the planting and irrigation system(s) have been installed in accordance with his recommendations." SECTION 30. Section 15.04.22 I * of the San Bernardino Municipal Code is amended to read as follows: "15.04.221 Guardrails for Retaining Walls. Retaining walls in excess of 30 inches above grade shall be provided with a protective fence or guardrail of a minimum height of 42 inches as prescribed in mc Section 1013." SECTION 31. Section 15.04.222* of the San Bemardino Municipal Code is amended to read as follows: "15.04.222 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 16 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 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 hangup." SECTION 32. Section 15.04.223* of the San Bernardino Municipal Code is amended to read as follows: "15.04.223 Location of Slopes. Slopes shall be positioned on the downhill lot unless waived by the City Engineer." SECTION 33. Section 15.04.225 of the San Bernardino Municipal Code is amended to read as follows: "15.04.225 National Electrical Code Section 820.200 is added - CATV Installation. 820.200 CATV Installation. Contractors or developers constructing two or more residential building units shall comply with the requirements for cable television installations set forth in Section 19.30.110 of the San Bernardino Development Code." SECTION 34. Section 15.04.230* of the San Bernardino Municipal Code is amended to read as follows: "National Electrical Code Section 410.120 is added - Time Constraints for Decorative Lighting. 410.120 Time Constraints for Decorative Lighting. The duration and use of temporary electrical power and lighting installations for holiday decorative lighting and similar purposes shall be in accordance with the manufacturer's intended use and listing. " 17 SECTION 35. Section 15.04.250 of the San Bernardino Municipal Code IS 1 2 3 4 5 6 7 8 9 10 11 12 13 amended to read as follows: 14 "15.10.060 Applicability. 15 The requirements of this Chapter shall apply to those properties located in 16 17 Foothill Fire Zones A, B, or C as defined in Chapter 19.15 and those properties located in a 18 Very High Fire Hazard Severity Zone as designated by the State of California." 19 SECTION 38. Section 15.10.080* of the San Bernardino Municipal Code is 20 amended to read as follows: 21 22 23 24 25 26 27 28 hereby repealed. SECTION 36. Section 15.10.040, Subsection (A)* of the San Bernardino Municipal Code is amended to read as follows: "15.10.040 Scope. A. New Structures. The requirements of this Chapter shall apply to all newly constructed buildings, structures, or appurtenances located in the Foothill Fire Zones, or in designated Very High Fire Hazard Severity Zones pursuant to California Government Code Sections 51177 through 51189." SECTION 37. Section 15.10.060* of the San Bernardino Municipal Code is "15.10.080 Applicable Building Standards. The building standards contained in the California Building Code, Chapter 7 A, shall apply in the Foothill Fire Zones and in state designated Very High Fire Hazard Severity Zones. In addition, the following requirements shall apply as noted herein: A. Fencing, fascias, patios, exterior trim, and other exterior elements shall be of approved noncombustible or ignition-resistant material. 18 11;'-.1 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 G. B. Vinyl window frame assemblies shall have the following characteristics: 1. Frames shall have welded corners and metal reinforcement In the interlock area; 2. Dual-paned insulated glazed units with at least one pane of tempered glass; 3. Frame and sash profiles are certified in AAMA Lineal Certification Program (verified by an AAMA product label or a Certified Products Directory); 4. Certified and labeled to ANSI/AAMAlNWWDA IOI/I.S.2-97 for C. structural requirements. Attic and underfloor vents shall be protected by corrosion-resistant noncombustible wire mesh with maximum 1/8 inch openings or provide equivalent protection. Attic vents shall not be placed facing wildlands. Roof mounted turbine vents shall not be permitted. All roof coverings shall be of non-wood materials with at least a Class A fire- retardant rating. All new residential structures located within Foothill Fire Zones A and B, and Foothill Fire Zone C abutting wildlands, (except those rebuilt due to damage or destruction from anyone common fire or other catastrophe) shall be provided with automatic fire sprinklers. If the floor area of an existing residential structure is increased more than 60%, then the entire structure must be retrofitted to meet this requirement. The design and installation of fire sprinklers systems shall be approved by the City Fire Department. Paper-faced insulation shall be prohibited in attics or ventilated spaces." D. E. F. 19 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 SECTION 39. hereby repealed. SECTION 40. Section 15.74.010 of the San Bernardino Municipal Code IS Section 15.12.010 of the San Bernardino Municipal Code is anIended to read as follows: "15.74.010 Violation - Penalty. A. Any person, firm or corporation whether as a principal, agent, employee or otherwise who erects, constructs, enlarges, alters, repairs, moves, improves, removes, converts or demolishes a building or a structure for which a building permit is required by this title and the adopted codes, and for which a permit has not been obtained from the Building Official, or otherwise violates any provision of the adopted codes, or this Title, shall be guilty of either an infraction or a misdemeanor. Any person, firm or corporation whether as a principal, agent, employee or otherwise, violating or causing the violation of any provision of the Fire Code is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. B. Each day during any part of which the activity prohibited by Subdivision A of this section continues, or a violation of the adopted codes continues to exist shall be a separate and distinct offense. The imposition of any penalty for any violation of this Title shall not excuse the violation or permit it to be continued, and all persons shall be required to correct or remedy all such violations or defects within a reasonable time. The application of any penalty shall not be held to prevent the enforced removal of prohibited conditions." 20 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 AN URGENCY ORDINANCE... AMENDING SECTIONS 15.04.010, 15.04.020 ... AND REPEALING SECflONS 15.04.055, 15.04.077... OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2007 EDmON OF THE CALIFORNIA BUILDING STANDARDS CODE, KNOWN AS THE CALIFORNIA CODE OF REGULATIONS, TITLE 24 (CCR, T-24)... AND AMENDING THOSE CALIFORNIA BUILDING STANDARDS AS IDENTIFIED HEREIN, THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY, AND DECLARING THE URGENCY THEREOF AND TAKING EFFECT ON JANUARY 1,2008. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City .of San Bernardino at a meeting thereof, held on the day of ,2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing Ordinance is hereby approved this day of . 2007. Patrick J. Morris, Mayor City of San Bernardino Approved as to Form: 21