HomeMy WebLinkAboutMC-1417 Adopted: October 5, 2015
Effective: November 5, 2015
ORDINANCE MC-1417
I ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING THE 2012 EDITION OF THE INTERNATIONAL PROPERTY
2 MAINTENANCE CODE WITH SPECIFIC AMENDMENTS.
3
WHEREAS, pursuant to California Health and Safety Code Section 17960, local agencies are
4 required to enforce building regulations imposed by Section 17922 of the California Health and Safety
5 Code; and
6 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
7 Code through express findings of local necessity; and
8 WHEREAS, it is necessary to update the codes incorporated into the San Bernardino Municipal
9 Code; and
10 WHEREAS, the City has met the publication and notice requirements for the adoption of
11 nationally recognized and approved published compilations of proposed rules, regulations or standards
under sections 50022.1 — 5 0022.10 of the California Government Code.
12
13 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
14
SECTION 1. Findings of Fact. Based on materials presented by the Director of Community
15
16 Development of the City of San Bernardino, the Mayor and Common Council find that it is necessary to
17 make procedural and administrative modifications and changes to the model codes as amended and
18 adopted by the State of California and specifically adopted and amended in this Ordinance. Such
19
standards are needed for efficient, economical, and expeditious enforcement of the Building and Safety
20
21 Code of the City of San Bernardino. The Council further finds and determines, based on the materials
22 and reports presented, that the substantive amendments to the model codes, which are identified by and
23 adopted in this Ordinance, are hereby determined to be reasonable and necessary because of local
24 conditions and do not lessen, diminish or change the standards set forth within the model codes except
25
as authorized by law. If any non-administrative or nonprocedural model code provision or applicable
26
27 State of California amendment is in conflict with this ordinance, it is the intent of this ordinance to
28
t
ORDINANCE MC-1417
1 amend or delete such provision when findings of local conditions are stated as required by sections
2 17958.5, 17958.7 and 18941.5 of the Health and Safety Code.
3
Said local conditions are:
4
5 A. The City of San Bernardino is subject to a number of geological hazards including two major
6 earthquake faults that traverse the City; the San Jacinto Fault through the western portion of the City,
7 and the San Andreas Fault to the North.
8 B. Large portions of the City are subject to liquefaction during seismic events due to poor soil conditions
9
10 and high water tables.
11 C. There exist in the City a number of dilapidated and abandoned buildings, which negatively impact the
12 health and safety of the community. Due to the City's relatively temperate weather climate, vagrants are
13 attracted to the area and may illegally occupy many of the substandard structures. The City has
14
experienced numerous structural fires in abandoned buildings which may be caused by the warming
15
16 fires of vagrants, arson, or other factors. Several lives have been lost in such fires. Due to the propensity
17 of high winds and hot dry weather resulting from "Santa Ana Wind" conditions, adjacent occupied
18 structures and vegetated areas are threatened by fires originating in abandoned buildings.
19
D. The Panorama Fire of 1980 destroyed approximately 350 homes and burned 41,000 acres. Another
20
21 330 homes were lost in the Old Waterman Canyon Fire in 2003. Wildland fires, aggravated by Santa
22 Ana Winds, dry brush. And steep hillside terrain can overcome available fire-fighting resources and can
23 burn out of control for days.
24 E. Historically, winter rains and poorly drained soils can create the propensity for local streams to flood
25
26 and cause damage due to erosion and landslides from heavy rains and ground saturation in the City's
27 foothill areas.
28
2
ORDINANCE MC-1417
1 Such local conditions apply to local amendments and modifications to the State of California adopted
2 model codes as indicated below:
3
SBMC 15.05 —A, B, C, D, E
4
5 SECTION 2. The 2012 International Property Maintenance Code is hereby adopted by
6
reference and Chapter 15.05 of the San Bernardino Municipal Code is hereby added to read as follows:
7
8 15.05.010 Citation of Sections.
9 This chapter shall be known as the "Property Maintenance Code," and may be cited as such. For
10 purposes of citation, the International Property Maintenance Code, 2012 Edition, published by the
11 International Code Conference; adopted by reference and amended by the City, is renumbered by adding
12 15.05." before each section.
13
14
15.05.102.3 International Property Maintenance Code Section 102.3 is amended to read as follows:
15
16 102.3 "Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in
17 accordance with the procedures and provisions of the California Building Code, California Historical
18 Building Code, California Existing Building Code, California Fire Code, California Plumbing Code,
19 Table 2902.1 of the International Building Code, California Mechanical Code, and California Electrical
20 Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the San
21 Bernardino Municipal Code."
22
23 15.05.103.1 International Property Maintenance Code Section 103.1 is amended to read as follows:
24 103.1 "The Chief of Police or the Director of Community Development or their authorized
25 representatives shall be known as the code official as referenced in the International Property
26 Maintenance Code."
27
28
3
ORDINANCE MC-1417
1 15.05.104.3 International Property Maintenance Code Section 104.3 is amended to add the following
2
phrase to the end of the last sentence: "including the warrant provisions of Section 1822.50 et seq. of the
3
Code of Civil Procedure of the State of California."
4
5
6 15.05.106.4 International Property Maintenance Code Section 106.4 is amended to read as follows:
7 106.4 "Violation penalties. Any person violating any of the provisions of this title, including, but
8 not limited to, adopted model codes, as amended in this title, shall be subject to the penalty provisions of
9 Chapters 1.12, 9.92 and 9.93 of the San Bernardino Municipal Code."
10
11 15.05.107.1 International Property Maintenance Code Section 107.1 is amended to read as follows:
12 107.1 "Notice to Person Responsible. Whenever the code official determines that there has been
13 a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in
14 the manner prescribed in Sections 107.2 and 107.3, or in the manner provided by San Bernardino
15 Municipal Code Section 9.92.050, to the person responsible for the violation as specified in this code.
16 Notices for condemnation procedures shall also comply with Section 108.3."
17
18 15.05.111 International Property Maintenance Code Section 111 and subsections are amended to read as
19
follows:
20
111 "The Administrative Law Officer established in Section 9.92.020 of the San Bernardino
21
Municipal Code, shall hear and determine any appeal arising from an action or determination made by
22
23 the code official relative to the application and interpretation of this code. Section 9.92.130 of the
24 municipal code shall apply to the Administrative Law Officer's determination. An appeal shall be filed,
25 if at all, in accordance with the requirements and within the time period set forth in Section 9.92.180 of
26 the San Bernardino Municipal Code."
27
28
4
ORDINANCE MC-1417
1 15.05.112.4 International Property Maintenance Code Section 112.4, Failure to comply, is amended to
2
read as follows:
3
112.4 Failure to Comply" Any person, firm or corporation who continues work on a building or
4
structure after a stop work order has been issued by any of the employees listed in [SBMC] 9.90.010
5
6 A(2, 3, 4, 5, 6 or 8) shall be guilty of a misdemeanor, except such work as that person is directed to
7 perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred
8 dollars ($100.00) and not more than one thousand dollars ($1,000.00) for each day of the violation. Each
9 day during any part of which the activity prohibited by subdivision 112.1 of this section continues shall
10 be a distinct and separate offense."
11
12 15.05.201.3 International Property Maintenance Code Section 201.3 is amended to read as follows:
13 201.3 Definitions. "Where terms are not defined in this code and are defined in the California
14 Administrative Code, California Building Code, California Residential Code, California Green Building
15 Standards Code, California Energy Code, California Historical Building Code, California Existing
16 Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, or
17 California Electrical Code, or any code adopted by reference under Chapter 15 of the San Bernardino
18 Municipal Code, such terms shall have the meanings ascribed to them as stated in those codes."
19
20
15.05.302.4 International Property Maintenance Code Section 302.4, paragraph number one, is amended
21
to read as follows:
22
302.4 Weeds "Weed and rubbish abatement shall be as set forth in the San Bernardino Municipal
23
24 Code, Chapter 8.30, Abatement of Public Nuisances."
25
26 15.05.302.9 International Property Maintenance Code Section 302.9, defacement of property, is deleted.
27 15.05.304.3 International Property Maintenance Code Section 304.3 is amended to read as follows:
28
5
ORDINANCE MC-1417
1 304.3 Premises Identification"Premises identification shall be as set forth in the San Bernardino
2
Municipal Code sections 12.32.030 and/or 15.16.126."
3
15.05.304.14 International Property Maintenance Code Section 304.14 is deleted.
4
15.05.304.18 International Property Maintenance Code Section 304.18 is deleted.
5
6 15.05.307 International Property Maintenance Code Section 307, Handrails and guardrails, is amended
7 to read as follows:
8 307 Handrails and Guardrails "Every exterior and interior flight of stairs shall have a handrail
9 and guard per the requirements of the adopting code at the time the building was permitted. Handrails
10 and guardrails shall be maintained in a safe and useful condition."
11
12 15.05.401.3 International Property Maintenance Code Section 401.3 is amended to read as follows:
13 401.3 Alternative Devices "In lieu of the means for natural light and ventilation herein
14 prescribed, artificial light or mechanical ventilation complying with the California Building Code or
15 California Residential Code shall be permitted."
16
17 15.05.502.5 International Property Maintenance Code Section 502.5, Public toilet facilities, is amended
18 to read as follows:
19
502.5 Public Toilet Facilities "Public toilet facilities shall be maintained in a safe sanitary and
20
working condition in accordance with the California Plumbing Code. Except for periodic maintenance
21
or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy
22
23 of the premises."
24
25 15.05.505.1 International Property Maintenance Code Section 505.1, Plumbing Fixture Connections, is
26 amended to read as follows:
27 505.1 Plumbing Fixture Connections "General. Every sink, lavatory, bathtub or shower, drinking
28 fountain, water closet or other plumbing fixture shall be properly connected to either a public water
6
ORDINANCE MC-1417
1 system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs
2
and showers shall be supplied with hot or tempered and cold running water in accordance with the
3
California Plumbing Code."
4
5
6 15.05.602.2 International Property Maintenance Code Section 602.2, Heating Facilities, is amended to
7 read as follows:
8 602.2 Heating Facilities "Residential occupancies. Interior spaces intended for human occupancy
9 shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees F (20
10 C) in all habitable rooms."
11
12 15.05.602.3 International Property Maintenance Code Section 602.3, Heat supply, Exceptions #1 and #2
13 are deleted.
14 15.05.602.4 International Property Maintenance Code Section 602.4, Occupiable work spaces, is
15 deleted.
16 15.05.604.2 International Property Maintenance Code Section 604.2, Service, is amended to read as
17 follows:
18 604.2 "Service. The size and usage of appliances and equipment shall serve as a basis for
19
determining the need for additional facilities in accordance with the California Electrical Code.
20
Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a
21
rating of not less than 60 amperes."
22
23
24 15.05.604.3.1.1 International Property Maintenance Code Section 604.3.1.1, Electrical equipment, is
25 amended to read as follows:
26 604.3.1.1 Electrical Equipment"Electrical equipment. Electrical distribution equipment, motor
27 circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit
28 interrupters, arc fault circuit interruptors, surge protectors, molded case circuit breakers, low-voltage
7
ORDINANCE MC-1417
I fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that
2
have been exposed to water shall be replaced in accordance with the provisions of the California
3
Electrical Code. The exception provisions of section 604.3.1.1 of the IPMC are hereby deleted."
4
5
6 15.05.604.3.2.1 International Property Maintenance Code Section 604.3.2.1, Electrical equipment, is
7 amended to read as follows:
8 604.3.2.1 Electrical Equipment"Electrical switches, receptacles and fixtures, including furnace,
9 waterheating, security system and power distribution circuits, that have been exposed to fire, shall be
10 replaced in accordance with the provisions of the California Building Code, or California Electrical
11 Code."
12 The exception provisions of section 604.3.2.1 of the IPMC are hereby deleted.
13
14 15.05.702.1 International Property Maintenance Code Section 702.1, General, is amended to read as
15 follows:
16 702.1 General "General. A safe, continuous and unobstructed path of travel shall be provided
17 from any point in a building or structure to the public way. Means of egress shall comply with the
18 California Fire Code, California Residential Code, or the California Building Code, whichever is more
19 restrictive."
20
21
15.05.702.2 International Property Maintenance Code Section 702.2, Aisles, is amended to read as
22
follows:
23
24 702.2 Aisles "Aisles. The required width of aisles in accordance with the California Fire Code,
25 California Residential Code, California Building Code, or Civil Code 304.18, whichever is more
26 restrictive, shall be unobstructed."
27
28
8
ORDINANCE MC-1417
1 15.05.702.3 International Property Maintenance Code Section 702.3, Locked doors, is amended to read
2
as follows:
3
702.3 Locked Doors "Locked Doors. All means of egress doors shall be readily openable from
4
the side from which egress is to be made without the need for keys, special knowledge or effort, except
5
6 where the door hardware conforms to that permitted by the California Fire Code, California Building
7 Code, or California Residential Code, whichever is more restrictive."
8
9 15.05.704.1 International Property Maintenance Code Section 704.1, General, is amended to read as
10 follows:
11 704.1 Fire Protection Systems "General. All systems, devices and equipment to detect a fire,
12 actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an
13 operable condition at all times in accordance with the California Fire Code."
14
15 15.05.704.2 International Property Maintenance Code Section 704.2, Smoke alarms, is amended to read
16 as follows:
17 704.2 Smoke Alarms "Smoke alarms. Smoke alarms shall be installed and maintained in
18 accordance with the California Fire Code, California Residential Code, or the California Building Code,
19
whichever is more restrictive."
20
21 SECTION 3. Duty. Notwithstanding any provision contained in the San Bernardino Municipal
22 Code, whenever the words "shall", "will", "must", "is charged with the enforcement of', or words of
23 similar import, are used in said chapters to establish a responsibility of the City of San Bernardino, or of
24
the members of any board, commission, department, officers of the City, including, but not limited to
25
26 the Mayor and Common Council thereof, or of any officer, official, or employee of the City of San
27 Bernardino, it is the legislative intent that such words shall establish a discretionary authority or power
28 requiring the exercise of judgment and discretion, as distinguished from a mandatory duty. No
9
ORDINANCE MC-1417
I mandatory duty is imposed upon any member of the Council, or upon any board or commission of the
2 City of San Bernardino, or upon any department, officer, official, or employee of the City of San
3
Bernardino by the provisions of said chapters, and said chapters shall not be construed so as to hold the
4
5 City of San Bernardino or any member of the Council or of any board, commission, or department of the
6 City, or any officer, official or employee of the City of San Bernardino responsible or liable for any
7 damage to persons or property by reason of any action taken or by reason of any approval given or not
8 given, under the provisions of said chapters or in connection with any such members, officers, or
9
10 employees duties set forth in said chapters.
11
SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this
12
13 ordinance is for any reason held to be unconstitutional, such decision shall not affect the remaining
14 portions of this ordinance. The Mayor and Common Council declares that it would have passed this
15 ordinance and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or
16 more sections, subsections, clauses or phrases be declared unconstitutional.
17
18
19 SECTION 5. Effective Date. This ordinance shall take effect on the thirty-first (3 1) day
20 following the date of final adoption.
21
22
///
23
24
25
26
27
28
to
ORDINANCE MC-1417
I ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING THE 2012 EDITION OF THE INTERNATIONAL PROPERTY
2 MAINTENANCE CODE WITH SPECIFIC AMENDMENTS.
3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor r and
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 5 day of
4 October, 2015, by the following vote, to wit:
5 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
6
MARQUEZ X
7
8 BARRIOS X
9 VALDIVIA X
10 SHORETT X
11
NICKEL X
12
13 JOHNSON X
14 MULVIHILL X
15
16
Georgeann blanna, CM
17 City Clerk
18 �
19 The foregoing Ordinance is hereby approved this 7 day of October, 2015.
20 12, v'
21 Carey Davy, Mayor
22 City of San. ernardino
Approved as to form:
23 Gary D. Saenz, City Attorney
24
25 By:
26
27
28
11