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HomeMy WebLinkAbout30-City Attorney C.. Y OF SAN BERNARL ..~O - REQU_ST FOR COUNCIL At., (ION From: JAMES F. PENMAN Subject: ORDINANCE FOR ADOPTION OF UBC FEES Dept: CITY ATTORNEY Date: MARCH 28, 1988 Synopsis of Previous Council action: 2-1--88 - Mayor and Cornmon Council held public hearing with respeCt to fees set forth in the Uniform Building Code and ratified application of said fees within the City of San Bernardino, and directed preparation of ordinance. Recommended motion: Adopt ordinance. /) ,1 - ! 2:YV7'~<-- . IF Signature JAMES F. PENMAN ~"VA-'~ (~ - ../ Contact person: Mark Sutton Phone: 5274 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Notes: 30, ^___..J_ 10__ "'_ 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. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 15.04.020, 15.04.080, 15.04.082, 15.04.085, 15.04.100, 15.04.120, 15.04.140, 15.04.150, 15.04.167, 15.04,170, 15.04.175, 15.04.177 AND 15.04.190 OF THE SAN BERNARDINO MUNICIPAL CODE TO ADOPT THE UNIFORM BUILDING CODE, 1985 EDITION, THE UNIFO~1 BUILDING CODE STANDARDS, 1985 EDITION, UNIFORM HOUSING CODE, 1985 EDITION, UNIFORM SIGN CODE, 1985 EDITION, UNIFORM ADMINISTRATIVE CODE, 1985 EDITION, UNIFORM SECURITY CODE, 1985 EDITION, UNIFORM MECHANICAL CODE, 1985 EDITION, UNIFORM PLUMBING CODE, 1985 EDITION, UNIFORM SWIMMING POOL CODE, 1985 EDITION, NATIONAL ELECTRICAL CODE, 1987 EDITION, STRUCTURAL WELDING CODE, 1986 EDITION, AND DECLARING THE URGENCY THEREOF. WHEREAS, pursuant to California Health and Safety Code Section 17958, the Uniform Building Code became effective throughout the State of California on July 31, 1987; and WHEREAS, on February 1, 1988, the Mayor and Common Council held a public hearing with respect to the fees set forth therein, independently and separate frofu the aforementioned State statute, and took action to ratify the application of such fees within the City of San Bernardino; and WHEREAS, it is necessary to incorporate such changes into the San Bernardino Municipal Code. NOW, THEREFORE, THE HAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 15.04.020 of the San Bernardino Municipal Code is amended to read as follows: "15.04.020 Adoption of Codes. Those certain rules and regulations which regulate the erection, construction, enlargement, alteration, repair, moving, removal, conversation, demolition, occupancy, equipment use, height, area and maintenance of building or structures and the installation and maintenance of heating, ventilating, 3-28-88 LM~~r1 1 1 refrigeration and related systems in the City, and which provide 2 for Uniform Building Code Standards for said building or 3 structures and minimum housing requirements for the protection of 4 life, limb, health and property and for the safety and welfare of 5 the general public and the owners and occupants of residential 6 buildings in the City, all as set forth in those certain codes, 7 appendices, and new standards, entitled "Uniform Building Code" 8 (and Uniform Building Code Appendix Chapter 1, Divisions I and 9 II, Chapter 7, Divisions I, 11, 23, 35, 49, 55, 57, 70), 1985 10 Edition; "Uniform Building Code Standards", 1985 Edition; 11 "Uniform Housing Code", 1985 Edition; "Uniform Sign Code", 1985 12 Edition; "Uniform Security Code", 1985 Edition; "Uniform 13 Mechanical Code" (and Appendix Chapters A through D), 1985 14 Edition: All published by the International Conference of 15 Building Officials; "Uniform Plumbing Code", (and Appendix 16 Chapters A through I and IAPMO Installation Standards), 1985 17 Edition; "Uniform Swimming Pool Code", 1985 Edition; the 18 "Guidelines for Solar Energy Installations", 1984 Edition: All 19 published by the International Association of Plumbing and 20 Mechanical Officials; "National Electrical Code", 1987 Edition, 21 as published by the National Fire Protection Association; 22 "Structural Welding Code (Steel)", 1986 Edition; published by the 23 American Welding Society; one copy of each code is on file in 24 thee Office of the City Clerk, and is identified by the following 25 certificate attached thereto, reading as follows: 26 'I, SHAUNA CLARK, hereby certify that one copy of the 27 annexed codes entitled "Uniform Building Code" {and Uniform 28 3-28-88 LM:ca 2 1 Building Code Appendix Chapter 1, Divisions I and II, Chapter 7, 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 Divisions I,ll, 23, 32, 35, 49, 55, 57, 70), 1985 Edition; "Uniform Building Code Standards", 1985 Edition; "Uniform Housing Code", 1985 Edition; "Uniform Sign Code", 1985 Edition; "Uniform Administrative Code", 1985 Edition; "Uniform Security Code" 1985 Edition; "Uniform Mechanical Code", 1985 Edition; all as published by the International Conference of Building Officials; "Uniform Plumbing Code", (and appendix Chapters A through I, and IAPMO Installation Standards), 1985 Edition; "Uniform Swimming Pool Code", 1985 Edition; the "Guidelines for Solar Energy Installations", 1984 Edition: all as published by the International Association of Plumbing and Mechanical Officials; "National Electrical Code", 1987 Edition, as published by the National Fire Protection Association; "Structural Welding Code (Steel)", 1986 Edition; published by the American Welding Soc iety; was filed in my off ice on _______.___._ q __ _ ______-___, and is a true, correct and complete copy of those certain codes and supplements thereto referred in Ordinance No. of the City of San Bernardino and by said ordinance adopted by reference and made a part thereof as fully as though set forth at length. SHAUNA CLARK City Clerk of the City of San Bernardino" SECTION 2. Section 15.04.080 of the San Bernardino Municipal Code is amended to read as follows: "15.04.080 UBC Subsection 304(b) amended - Fees. use Section 304(b) is amended as follows: 3-28-88 U1: ca 3 1 'Section 304(b) Permit fees. The fee for each permit 2 shall be as set forth in Table Nos. 3-A through 3-D of the 3 Uniform Administrative Code, 1985 Edition, subject to such 4 amendments thereto as are adopted in this chapter. 5 The determination or value or valuation under any of 6 the provisions of this code shall be made by the building 7 official, based upon the latest publication of building valuation 8 data printed by the International Conference of Building 9 Officials bimonthly Building Standards magazine. The value to be 10 used in computing the building permit and building plan review 11 fees shall be the total value of all construction work for which 12 the permit is issued as well as all finish work, painting, 13 roofing, electrical, plumbing, heating, air conditioning, 14 elevators, fire-extinguishing systems and any other permanent 15 equ ipment. I" 16 SECTION 3. Section 15.04.082 of the San Bernardino 17 Municipal Code is amended to read as follows: 18 "15.04.082 UBC Subsection 304(c) amended - Fees. 19 UBe Section 304(c) is amended to read as follows: 20 'Section 304(c) Plan Review Fees. When a plan or 21 other data is required to be submitted by Subsection (b) of 22 Section 302, a plan review fee shall be paid at the time of 23 subnllttinq plans and specifications for review. Said plan review 24 fee shall be 65% of the building permit fee as shown in Table No. 25 3-A. A fee of 10% of building plan check fee shall be charged 26 for residential and nonresidential plan check and inspections to 27 meet any State mandated energy requirements. A fee of 10% of 28 3-28-88 4 T ll. _ _ _ 1 building plan check fee shall be charged for plan check and 2 inspections of any State mandated regulations relating to 3 handicappers imposed upon commercial, multi-family and public 4 buildings. 5 Where plans are incomplete or changed so as to 6 require additional plan review, an additional plan review shall 7 be charged at the rate shown in Table No. 3-A.'" 8 SECTION 4. Section 15.04.085 of the San Bernardino 9 Municipal Code is amended to read as follows: 10 "15.04.085 Uniform Building Code, 1985 Edition and Uniform 11 Administrative Code, 1985 Edition, Table 3-A Amended - Building 12 Permit Fees. 13 "Uniform Building Code, 1985 Edition and Uniform 14 Administrative Code, 1985 Edition, Table No. 3-A is amended by 15 adding 5, 6 and 7 to Other Inspection and Fees: 16 5. A fee in the sum of fifty dollars for the inspection of 17 any existing property or building required to be made by the 18 Department of Building and Safety for compliance with the 19 National Housing Act, Section 221(d) (2) or other lending 20 institutions and regulations thereunder shall be paid to the City 21 by the applicant for such inspection service. 22 6. A fee in the sum of twenty-five dollars for the 23 inspection of a room addition, garage, patio, or other portion of 24 a building when the entire building need not be inspected. 25 7. An annual sign permit fee for off-premise signs shall 26 be ten dollars due and payable on the second day of January in 27 any year, which fee shall be doubled if the permit is not 28 3-28-88 LM:ca 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 obtained by the thirty-first day of January; however, where the sign is first eLected after January 31 of that year, only the ten dollar fee shall apply.'" SECTION 5. Subsection (c) of Section 15.04.100 of the San Bernardino Municipal Code is amended as follows: "(c) Structural steel welding operators shall be qualified as prescribed in the Steel Welding Code, latest edition, of the American Welding Society and Chapter 27, Section 27-01 to 27-10, Uniform Building Code Standards, 1985 Edition." SECTION 6. Section 15.04.120 of the San Bernardino Municipal Code is amended as follows: "15.04.120 UBC Section 7000 added - Definitions. UBC Section 7000 is added to read as follows: 'Section 7000. The words "Building Official" as hereinafter used shall mean Director of Public Works/City Engineer. The term "Engineering Geologist" as hereinafter used shall mean a geologist registered in the State of California to practice in the field of engineering geology.'" SECTION 7. Section 15.04.140 of the San Bernardino Municipal Code is amended as follows: "15.04.140 UBC Subsection 7006 (d) (6) added - Retaining Walls. USC Subsection 7006(d) (6) is added to read as follows: 'Sect ion 7006 (d) (6). Reta in ing walls in excess of 2.5 feet in height shall be provided with a protective fence or guar~rail of a minimum height of 3.5 feet per Section 1716 when there is a reasonable expectation of pedestrian traffic along or near said wall.'" 3-28-88 LM:ca 6 1 SECTION 8. Section 15.04.150 of the San Bernardino 2 Municipal Code is amended to read as follows: 3 "15.04.150 DBC Subsection 7006(d) (7) added - Driveways. 4 DBC Subsection 7006(d) (7) is added to read as follows: 5 'Section 7006 (d) (7). Driveways to residential 6 garages of more than thirty feet in length shall extend for a 7 minimum distance of twenty feet from any garage, on a maximum 8 grade of five percent. Driveways less than thirty feet in length 9 shall have a maximum grade of eight percent. No portion of any 10 driveway shall exceed a grade of twenty percent. Driveways shall 11 be designed so that the algebraic difference in grades will not 12 cause a car to drag or hang up. See Section 202(i).'" 13 SECTION 9. Section 15.04.167 of the San Bernardino 14 Municipal Code is amended to read as follows: 15 "15.04.167 DBC Subsection 7006(i) added - Information on 16 On-Site Improvement Plans. 17 DBC Subsection 7006(i) is added to read as follows: 18 'Section 7006(i). Information on On-Site Improvement 19 Plans. On-site improvement plans shall contain all information 20 set forth in Section 7006(d) of the DBe and shall include the 21 following additional information: 22 1. Elevat ions of top of curb, back of s idewa1 k, and f in ish 23 surface of pavement. 24 2. Flow line elevations, and rates of grade of curb and 25 gutter, ribbon gutters, drainage facilities, and private sewer 26 mai.ns. 27 28 3-28-88 LM : c a 7 1 3. Detailed plans of planter curbs, curb and gutter, 2 ribbon gutters and drainage facilities. 3 4. Detailed specifications of materials including portland 4 cement concrete, asphalt concrete, aggregate base, sewer pipe and 5 pipe bedding. 6 5. Size and number of parking spaces, directional signs 7 and striping. 8 9 10 11 12 13 14 6. Parking lot lights and conduits.'" SECTION 10. Section 15.04.170 of the San Bernardino Municipal Code is amended to read as follows: "15.04.170 DBC subsection 7007(c) amended - Grading permit fees. DBe subsection 7007(c) is amended to read as follows: 'Section 7007(c) Grading Permit Fees. A fee for each 15 grading permit shall be paid to the Building Official as set 16 forth in Table No. 70-B. 17 18 19 20 21 22 23 24 25 26 27 28 TABLE 70-A: PLAN CHECKING FEES 50 cubic yards or less 51 to 100 cubic yards 101 to 1000 cubic yards 1001 to 10,000 cubic yards 10,0001 to 100,000 cubic yards - 200,001 cubic yards or more No fee $15.00 $22.50 $30.00 $30.00 for the first 10,000 cubic yards plus $15.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 to 200,000 cubic yards - $165.00 for the first 100,000 cubic yards plus $9.00 for each additional 10,000 cubic yards or fraction thereof. - $225.00 for the first 200,000 cubic yards, plus $4.50 for each additional 10,000 cubic yard or fraction thereof. 3-28-88 LM:ca 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 TABLE 70-B: GRADING PERMIT FEET 50 cubic yards or less 51 to 100 cubic yards 101 to 1,000 cubic yards $15.00 $22.50 - $22.50 for the first 100 cubic yards, plus $10.50 for each additional 100 cubic yards or fraction thereof. - $117.00 for the first 100,000 cubic yards, plus $9.00 for each additional 1,000 cubic yards or fraction thereof. - $198.00 for the first 10,000 cubic yards, plus $40.50 for each additional 10,000 cubic yards or fraction thereof. - $562.50 for the first 100,000 cubic yards, plus $22.50 for each additional 10,000 cubic yards or fraction thereof. 1,001 to 10,000 cubic yards 10,001 to 100,000 cubic yards 100,001 cubic yards or more The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. '" SECTION 11. Section 15.04.175 of the San Bernardino Municipal Code is amended as follows: "15.04.175 UBe Section 7007(d) added - On-Site Improvement Plan Review Fees. UBC Section 7007(d) is added to read as follows: 'Section 7007(d). On-Site Improvement Plan Review Fees. When an on-site improvement plan is required to be submitted, a plan review fee sllall be paid at the time of submitting plans and specifications for review. Said review fee shall be in an amount established by resolution of the Mayor and Common Council. 3-28-88 LM:ca 9 1 Items to be reviewed are "hard-surface" improvements 2 including, but not limited to, paving, curbs, sidewalks, private 3 sewer mains and drainage facilities. The review of landscaping, 4 and irrigation are not included in the on-site improvement plan 5 review. '" 6 SECTION 12. Section 15.04.177 of the San Bernardino 7 Municipal Code is amended as follows: 8 "15.04.177 UBC Section 7007(e) added - On-Site Improvement 9 Permit Fees. 10 UBe Section 7007(e) is added to read as follows: 11 'Section 7007(e). On-site improvement permit fees. 12 A fee for each or.-site improvement permit shall be paid to the 13 City Engineer. Said fee shall be in an amount established by 14 resolution of the Mayor and Common Council.'" 15 SECTION 13. Section 15.04.190 of the San Bernardino 16 Municipal Code is amended as follows: 17 "15.04.190 UBC subsection 7011(b) amended - Setbacks from 18 property lines. 19 URe subsection 7011(b) is amended to read as follows: 20 'Section 7011(b). Setbacks from property lines. The 21 top cuts and toes of fill slopes shall be set back from the 22 property lines and outer boundaries of the permit area, including 23 slope-right areas and easements in accordance with Figure No. 70- 24 I.' " 25 SECTION 14. This ordinance is an urgency measure, which 26 shall take effect and become operative upon its adoption and 27 approval. The facts constituting such urgency are that 28 3-28-88 LM : c a 10 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 amendments to Title 15 of the San Bernardino Municipal Code as well as the Uniform Building Code, 1985 Edition, the Uniform Building Code Standards, 1985 Edition, Uniform Housing Code, 1985 Edition, Uniform Sign Code, 1985 Edition, Uniform Administrative Code, 1985 Edition, Uniform Security Code, 1985 Edition, Uniform Mechanical Code, 1985 Edition, Uniform Plumbing Code, 1985 Edition, Uniform Swimming Pool Code, 1985 Edition, National Electrical Code, 1987 Edition, and Structural Welding Code, 1986 Edition, shall be effective as of February 1, 1988. The provisions of this ordinance are necessary to achieve consistency in the effective date of amendments to Title 15 and to all the Uniform Codes amended herein, and to give developers timely notice of the effective date of all of the amendments. 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 ____________, 1988, by the following vote, to wit: AYES: Council Members __________________ -------..---.------- -.---..--------- NAYS: ABSENT: _._-----,~-_.._._._---_._---_.__._-_.._----------------.-_.---- City Clerk 3-28-88 LM : c a 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 The foregoing ordinance is hereby approved this day 0 f ___________ ___________, J 988 Evlyn Wilcox, Mayor City of San Bernardino Approved as to form and legaJ content: ,.-;; :7 " <; ....7, /City Attorney 3-28-88 LM: c a 12 3160-B Little Mountain Dr. San Bernardino, CA 92405 March 23, 1988 Shauna Clark City Clerk City Hall Dear Ms. Clark: Please place the enclosed letter to the Mayor and Common Council on the next agenda. The alleged loss of $300,000 in building permit fees can be attributed to the failure of the City Attorney to advise the City Council in August, 1987, that the State Building Standards Commission had adopted standards, not the building permit fees as set forth in the Uniform Building Code. Very Truly Yours, cc: Mayor City Council City Administrator ~ /f.j/~ .; J b n - B Lit '-- 1 c' ,\ l ~, u n r d i r': ;) r . 62.fl BerndnU no. C.n.. 92,H)~J ?:\arch 23. 1988 t:ono!';)b \ e :'.layrJ[' ar;d CommnrJ Counc i } City Hd 1 : D~a1' f'ldYG rand C'crnr.e,Ci Counc ii : On F,:,:,bruClry 9. 1988. thf; frnnt pa(je of The S'.m ci:1rT~ed City Atturney L;ames FenmAn' s cha1'qes that t.he ci t.y cdrr.-jnist.l-ar.~c}n lost Sjf)O,OOO by ;'10~,~ coL1ectinq a 'JO't JnCl'C'JS(.! in builrlinq [.enTll: fees thd t tock (~r rec~ automa t ic;:d 1./ 1 as t Jul y 1 ge:', under state tcE';, :"11'. r)'-~nt'"la.n ':!rot(~ 2 leq:Jl opinion to that effect. H~,:~ is I,-,Tong. ~.jpa' ',tl., and ("-'f ,.,-\, Cc)(k~ s8ctlon 1 ?9~}8 pro'itd,,,,s that ,l f' a C1 ty does .' __ L I ......") Ct 1:..:.. t_, J n~~;.t. arnE,nd oLdi~lance'S t() impose req1.li rements punl istl"':d in '..:h.;:~ :::';tr~t.-:~ E~t~11{Jir!~~ St.c~nd.al"(ls c~rJdt?,. the ~~Io\;isi()rlS in Sll(~t.-; Stc.1t-.e (~(~(1t:~ ~:;hulL be 3pf.llc.3blc to the clt';/ leO d,~)ys dft~-,r- publici>tion. The S~~aLe Buildin"i Stand,uds Cormnissj,::,.n did r,ot .',dopt buiJdlnq pe1'mi,t: +eC'~ en'pi 1r:~i~J:},lE': tr..:.' (:iti<-';s 0nd COdT:ti,cs. Thcn~fore. tr'2 st:,mda;:'.Js. no!. tr,oS f(:(,~s, ~'J(~~'(~ dutomdticully r:ladf,~ dpplicable to cities cln~~ cOUjJ t i ie:S. ~pp'l:",;ntly ~'1r. I-',::'nmdr\ fdi.led t.:J u:;ad '!ltlf' 21 of t.h8 California Administrdt~i.\":o C,...de: nC'r did n': make dr(~' effort LG contact the State Huildlnq :itcmdin'ds C'Offifl'issiofj or al,y city or county Supe1'- ir.terdcn:, of f.;\JiJd~nq drJd ~~afcly t~o \arify hi~.; 18<;3.1 opinion. fkdldi.nq T-'~:'!mit fe<:~s ha\'e ;31\-.:a,:,s be'c'n left tv l02al det.ermlruUc'j because t.h:::~ ccst of iss'Jinn permits dnd inspection of Duildlnqs \.arjes an~onq Jocal )',lLlsd;ctions of ci~.i('~s and counties. r ;1;';' nonp:used Lmd <it. d LC)SS to ur:der'stand h')h' such in',:alid C!liJIg.;:~S c.:'Duld ['>:'_'rsi.st 1'.;. [r:ontrn aft..:f)r front. pa.t::]e ne....lspaper publl- ,.[ t:y' iHH.l tJe melde pi'irt of t.ne qrounds ~o fOr(;8 the n~signat~on of ~he City Administrator. '\s 1<>:'.1 knu\-!, the :').3::h cf office of p\lblic officL3.;s require3 (,b,,'dience lC lhe La','i. ~i,:)t obecience to bad or' political.ly motj- ',',lU:,'l If'odl ad'.lce (;f the Citv Attor-ney. I respcci.:t"..il1y C~,'qlwSt ;-hat you dirc:ct lhe C'jt:/ ;\~.torn';v to correc t. in L'C it; ng ti i s ~ eq;)] op in j on cor,'~err)j ng the hu iJ. oj inc; pe['mi t fe,,~s. My bost WIshes upon your del~be1'ations. H8spectfully 'yours. ~#-, tP~