HomeMy WebLinkAboutMC-1261U
Adopted:
Effective:
December 3. 2007
January 1. 2008
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ORDINANCE NO. HC-1261
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 BUILDNGS, 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.
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KC-1261
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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:
I.l In regard to 15.04.020 B(I): It is hereby determined and found that the altemate
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 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 a,ttracted 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
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MC-1261
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.
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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 Bernardino 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
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KC-1261
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 (!BC), 2006 edition, published by the
International Code Council;
B. The National Electrical Code (NEC), 2005 edition, published by the
(I)
National Fire Protection Association;
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:
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(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 m 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.
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SECTION 6. Section 15.04.065* of the San Bernardino Municipal Code is hereby
amended to read as follows:
"15.04.065 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."
SECTION 7. Section 15.04.070* of the San Bernardino Municipal Code is hereby
amended to read as follows:
"15.04.070 IBC 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:
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"15.04.075 mc 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."
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:
I. 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
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2.
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. 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.
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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 IBC 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 IBC Section 3109.1.1 is added - Barriers for Swimming Pools.
3109.1.1 Barriers for Swimming Pools. The requirements of IBC 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
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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."
SECTION IS. 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
amended to read as follows:
"15.04.120 IDC Appendix J, Section JI01.3 is added - Alquist-Priolo
Earthquake Fault Zones.
JIOI.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
amended to read as follows:
"15.04.125 IDC Appendix J, Section JIOI.4 is added - Enforcement Authority.
JI01.4 Enforcement Authority. The City Engineer of the City of San
Bernardino or hislher designee shall have the authority for the enforcement of IBC Appendix
Chapter J and any amendments thereto. The term "Building Official" as hereinafter appears in
Appendix J shall mean the City Engineer."
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.
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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 Bemardino 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."
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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 1, 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."
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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 gnaranteeing 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."
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SECTION 27.
Section 15.04.200* of the San Bernardino Municipal Code is
amended to read as follows:
"15.04.200 mc 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 system 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
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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 Bernardino Municipal Code is
amended to read as follows:
"15.04.220 IDC 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 15.04.221* 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 IBC
Section 1013."
SECTION 31.
Section 15.04.222* of the San Bernardino 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
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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 InstaUation.
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. "
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SECTION 35.
Section 15.04.250 of the San Bernardino Municipal Code is
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
amended to read as follows:
"15.10.060 Applicability.
The requirements of this Chapter shall apply to those properties located in
Foothill Fire Zones A, B, or C as defined in Chapter 19.15 and those properties located in a
Very High Fire Hazard Severity Zone as designated by the State of California."
SECTION 38. Section 15.10.080* of the San Bernardino Municipal Code is
amended to read as follows:
"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.
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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/AAMA/NWWDA IOI/1.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.
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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
amended 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."
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AN URGENCY ORDINANCE... AMENDING SECTIONS 15.04.010, 15.04.020 ...
AND REPEALING SECTIONS 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 j t. regular meeting thereof, held on
the 3rd day of December
,2007, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
Council Members: AYES
ESTRADA X
BAXTER x
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BRINKER x
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DERRY x
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KELLEY x
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JOHNSON x
MCCAMMACK
x
~~i~
The foregoing Ordinance is hereby approved this t./jJ., day of December
"
2007.
Approved as to Form:
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