Loading...
HomeMy WebLinkAbout38- Planning & Building City of San Bernardino Department of Planning and Building Services TO: Mayor and Common Council FROM: Al Bough&Director of Planning and Building Services SUBJECT: Clarification of Proposed Amendments to Building Code Regarding Fence Height and Required Permits i DATE: June 15, 1993 COPIES: ------------------------------------------------------------------- At the May 24 Mayor and Common Council meeting, the adoption of the updated Building Code was continued to allow staff to clarify the proposed changes in wording for fences requiring permits. A brief background should help explain staff recommendation. Generally, the Uniform Building Code (UBC) does not require a permit for fences under six feet. However in 1989, the City amended the UBC to stipulate: "A building permit shall not be required for fences not over six (6) feet high, except fences located in front or side yards will require a permit. All masonry block, including concrete fences and walls, regardless of size or location, require a permit. (ord. MC-699, 7-17-89. ) " As currently written, this section requires that a building permit be obtained for the construction of a fence regardless of height. This has been interpreted to mean that even such innocuous items as a 3 ' high wood picket fence, or a 2' high masonry planter wall require permits for construction. Generally, the Uniform Building Code's requirement that a permit be obtained for the construction of any particular item is intended to insure, through the inspection process, that the provisions of the code are met, and corresponding health and safety concerns are addressed. Since there are no overriding health and safety concerns regarding fences of such minimal height, we believe that a clarification is necessary. Another issue is the City's desire to have fences built in conformance with the Development Code. Since the Development Code allows fences 3' or less in height to be placed anywhere on a lot, this is not a significant concern. Clarification of Proposed Amendments to Building Code Regarding Fence Height and Required Permits Page 2 The proposed amendment to 15. 04 . 075 (as revised) reads as follows: 1115.04.075 Uniform Building Code Subsection 301 (b) 2 Amended - Fences not Requiring Permit. Uniform Building Code Subsection 301(b) 2 is amended as follows: A building permit shall not be required for fences which are three (3) feet or less in height. Fences shall be constructed in accordance with the standard design specifications approved by the Building Official, unless an alternative 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 of materials or the configuration thereof, or to the height of fences in front or side setbacks. " y 1 as may be delegated by other provisions of the San Bernardino 2 Municipal Code. 3 2 . All requests for appeal of administrative decisions of the 4 Building Official to the Board of Building Commissioners shall 5 include a non-refundable appeals fee of Seventy-Five Dollars 6 ($75. 00) paid to the Building Official. " 7 SECTION 3. Section 15. 04 . 075 of the San Bernardino 8 Municipal Code is hereby amended to read as follows: 9 1115.04.075 Uniform Building Code Subsection 301(b)2 Amended - 10 Fences Not Requiring Permit. 11 Uniform Building Code Subsection 301(b) 2 is amended as 12 follows: 13 A building permit shall not be required for fences which are 14 three (3) feet or less in height. 15 Fences shall be constructed in accordance with the 16 standard design specifications approved by the Building 17 Official, unless an alternative engineered design is submitted 18 and approved. 19 Exemption from the permit requirements shall not be 20 deemed as a waiver of the design requirements contained in the 21 Sat Bernardino Development Code as it relates to the use of 22 materials or the configuration thereof, or to the height of 23 fences in front or side setbacks. " 24 SECTION 4. Section 15. 04. 076 of the San Bernardino Municipal 25 Code is added as follows: 26 1115.04.076 Uniform Building Code, Section 3203 is amended by 27 adding Subsection (a) - wood Roof Coverings. 28 4 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 15 . 04 . 020 , 15. 04 . 070 , 15 . 04 . 075 , 15 . 04 . 080 , 15. 04 . 085 , 15. 04 . 100 , 3 15 . 04 . 120 , 15 . 04 . 130 , 15. 04 . 133 , 15 . 04 . 140 , 15. 04 . 150 , 15 . 04 . 160 , 15 . 04 . 165, 15 . 04 . 167 , 15 . 04 . 175 , 15 . 04 . 177 , 15 . 04 . 179, 15 . 04 . 220, 4 15 . 20 . 040 , 15. 20 . 080 , 15 . 20 . 120 , 15. 28 . 010 , 15 . 28 . 020 , 15. 28 . 170 , REPEALING CHAPTERS 15 . 38 , 15. 40 , 15 . 44 , 15 . 60 , AND SECTIONS 5 15 . 04 . 040 , 15 . 04 . 095 , 15 . 04 . 140 , 15 . 04 . 150 , 15 . 04 . 160 , 15 . 04 . 170 , 15. 04 . 190 , 15. 28 . 030 , 15 . 28 . 040 , 15 . 28 . 050 , 15. 28 . 060 , 15 . 28 . 070 , 6 15. 28 . 080 , 15 . 28 . 090 , 15 . 28 . 100 , 15. 28 . 110 , 15 . 28 . 120 , AND ADDING SECTIONS 15 . 04 . 076, 15. 04 . 077 , 15 . 04 . 081 , 15. 040 . 083 , 15. 04 . 112, 15. 04 . 114 , 15. 04 . 125 , 15 . 04 . 163 , 15. 04 . 221 , 15 . 04 . 222 , 15. 04 . 223 7 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE UNIFORM 8 BUILDING CODE, 1991 EDITION, THE UNIFORM BUILDING CODE STANDARDS, 1991 EDITION, THE UNIFORM HOUSING CODE, 1991 EDITION, THE UNIFORM 9 ADMINISTRATIVE CODE, 1991 EDITION, THE UNIFORM BUILDING SECURITY CODE, 1991 EDITION, THE UNIFORM MECHANICAL CODE, 1991 EDITION, THE 10 UNIFORM PLUMBING CODE, 1991 EDITION, THE UNIFORM SWIMMING POOL SPA AND HOT TUB CODE, 1991 EDITION, THE NATIONAL ELECTRICAL CODE, 1990 11 EDITION, THE UNIFORM CODE FOR SOLAR ENERGY INSTALLATIONS, 1991 EDITION, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 12 1991 EDITION, AND AMENDMENTS THEREON. 13 WHEREAS, pursuant to California Health and Safety Code Section 14 17958, local governing bodies are required to adopt regulations 15 imposed by Section 17922 of the California Health and Safety Code; 16 and 17 WHEREAS, pursuant to Section 17958 of the California Health 18 and Safety Code, a City may make changes in the provisions adopted 19 pursuant to Section 17922 of the California Health and Safety Code; 20 and 21 WHEREAS, it is necessary to update codes incorporated into the 22 San Bernardino Municipal Code. 23 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF 24 SAN BERNARDINO DO ORDAIN AS FOLLOWS: 25 26 SECTION 1 . Section 15. 04 . 020 of the San Bernardino 27 Municipal Code is hereby amended as follows: 28 "15. 04 .020 Adoption of Codes by Reference. I Those certain rules and regulations , as set forth in the 2 following codes , appendices and new standards are hereby 3 adopted by reference as the regulations governing the 4 erection, construction, alteration, repair, removal and 5 maintenance of all buildings and other structures in the City: 6 ( 1 ) Uniform Building Code, including Appendix, Chapters I- 7 Div. I and II , 7 , 11 , 12-Div. II and III , 23-Div. II , III and IV, 8 25, 29, 32 , 35, 38 , 49, 55, 57 , 70 of the International 9 Conference of Building Officials , 1991 Edition; 10 (2 ) Uniform Building Code Standards of the International 11 Conference of Building Officials, 1991 Edition; 12 ( 3) Uniform Housing Code of the International Conference of 13 Building Officials , 1991 Edition; 14 (4 ) Uniform Administrative Code of the International 15 Conference of Building Officials , 1991 Edition; 16 ( 5) Uniform Building Security Code of the International 17 Conference of Building Officials , 1991 Edition; 18 ( 6) Uniform Mechanical Code, including Appendices A, B and C 19 of the International Conference of Building Officials and the 20 International Association of Plumbing and Mechanical 21 Officials , 1991 Edition; 22 ( 7) Uniform Plumbing Code, including Appendix, Chapters A 23 through I and IAPMO Installation Standards of the 24 International Association of Plumbing and Mechanical 25 Officials, 1991 Edition; 26 (8 ) Uniform Swimming Pool Spa and Hot Tub Code of the 27 International Association of Plumbing and Mechanical 28 Officials, 1991 Edition; 2 1 ( 9) National Electrical Code of the National Fire Protection 2 Association, 1990 Edition; 3 ( 10 ) Uniform Code for Solar Energy Installations of the 4 International Association of Plumbing and Mechanical 5 Officials , 1991 Edition, and 6 ( 11 ) Uniform Code For The Abatement of Dangerous Buildings 7 of the International Conference of Building Officials , 1991 8 Edition. 9 It shall be unlawful to erect , construct , alter, repair, 10 remove or maintain any building or structure in the City in 11 violation of , or without complying with the appropriate 12 provisions of the above codes . Copies of each code shall be 13 kept on file in the City Clerk' s Office for inspection and 14 reference and copies of each code shall be furnished to the 15 Director of Planning and Building Services . 16 In the event of any inconsistency or conflict between the 17 above codes and the requirements of other City codes or State 18 statutes , the State statutes and City codes shall apply. " 19 SECTION 2. Section 15 . 04 . 070 of the San Bernardino 20 Municipal Code is hereby amended to read as follows : 21 "Section 15.04.070 Uniform Building Code Section 204(c) is 22 added - Board of Appeals Designated. 23 1 . The Board of Building Commissioners of the City of San 24 Bernardino shall serve as the Board of Appeals. The Building 25 Official or his designee shall be Clerk of the Board. The 26 Board shall have such duties as are delegated to it by the 27 Uniform Building Code as adopted by the City, and other duties 28 3 1 as may be delegated by other provisions of the San Bernardino 2 Municipal Code. 3 2 . All requests for appeal of administrative decisions of the 4 Building Official to the Board of Building Commissioners shall 5 include a non-refundable appeals fee of Seventy-Five Dollars 6 ($75. 00) paid to the Building Official. " 7 SECTION 3. Section 15. 04 . 075 of the San Bernardino 8 Municipal Code is hereby amended to read as follows: 9 1115.04.075 Uniform Building Code Subsection 301(b)2 Amended - 10 Fences Not Requiring Permit. 11 Uniform Building Code Subsection 301(b) 2 is amended as 12 follows: 13 A building permit shall not be required for fences which are 14 three (3) feet or less in height. 15 Fences shall be constructed in accordance with the 16 standard design specifications approved by the Building 17 Official, unless an alternative engineered design is submitted 18 and approved. 19 Exemption from the permit requirements shall not be 20 deemed as a waiver of the design requirements contained in the 21 San Bernardino Development Code as it relates to the use of 22 materials or the configuration thereof, or to the height of 23 fences in front or side setbacks. " 24 SECTION 4. Section 15.04. 076 of the San Bernardino Municipal 25 Code is added as follows: 26 1115.04.076 Uniform Building Code, Section 3203 is amended by 27 adding Subsection (a) - Wood Roof Coverings. 28 4 Sec - 3203 (a) Notwithstanding other provisions of this 1 code, wood shake or shingle roof coverings installed after the 2 effective date of this ordinance shall have a minimum Class 3 C rating. " 4 5 SECTION 5. Section 15 . 04 . 077 of the San Bernardino Municipal 6 Code is added as follows : 7 "15.04 .077 Uniform Building Code, Appendix Chapter 1 , 8 Division I, subsection 110 (b) amended - Enforcement. 9 Sec . 110 (b) Enforcement . The procedures for the 10 enforcement of this chapter shall be as set forth in SBMC 11 Chapter 15. 28 . " 12 13 SECTION 6. Section 15. 04 . 080 of the San Bernardino 14 Municipal Code is hereby amended as follows : 15 "15.04.080 Applicable Fees and Fee Exemptions. 16 A. Applicable Fees : 17 Notwithstanding the provisions contained in UBC 304 (b) , 18 UMC 304 (b) , and UPC 20 . 4 , the fees for building, 19 electrical , mechanical , and plumbing permits shall be as set 20 forth in the latest adopted edition of the Uniform 21 Administrative Code, subject to such amendments thereto as are 22 adopted in this chapter. Fees for other types of permits or 23 items not specified by the Uniform Administrative Code shall 24 be as set forth in the appropriate adopted code. " 25 B. Fees shall be waived for the following: 26 1 . Historic Preservation - No fees shall be charged for 27 permits issued for repairs , alterations or additions 28 for the preservation, restoration or rehabilitation ///// 5 of a building or structure which is a qualified 1 2 historical building or structure pursuant to Health 3 and Safety Code Section 18955 , a qualified 4 historical property pursuant to Public Resources 5 Code Section 5031 , a registered historical landmark 6 pursuant to public Resources Code Section 5021 , or 7 a point of historical interest pursuant to Public 8 Resources Code Section 5022 . 5. 9 2 . Natural Disaster Damage - No fees shall be charged 10 for permits issued to owners for demolition or first 11 rebuilding of damaged or destroyed structures 12 located in an area designated as a disaster area by 13 resolution of the Mayor and Common Council . This 14 exemption shall apply only to property owners of 15 record at the time of the disaster, and not to 16 persons subsequently acquiring the property. 17 3. Charitable Organizations - Fees may be waived or 18 refunded in accordance with Chapter 3 . 13 of the San 19 Bernardino Municipal Code. " 20 SECTION 7. Section 15. 04 . 081 of the San Bernardino 21 Municipal Code is hereby added as follows : 22 "15.04.081 Uniform Administrative Code Subsection 304(c) 23 amended - Plan Review Fees. 24 Uniform Administrative Code Subsection 304 (c) Plan Review Fees 25 is amended as follows : 26 When a plan or other data are required to be submitted by 27 Subsection (b) of Section 302 , a plan review fee shall be paid 28 6 at the time of submitting plans and specifications for review. 1 2 The plan review fee shall be 95 percent of the building permit 3 fee as set forth in Table No. 3-A for commercial , industrial t 4 and multifamily buildings and 75 percent of the building 5 permit fee for single family and duplex buildings . 6 The plan review fees for electrical , mechanical , and 7 plumbing work shall be equal to 25 percent of the total permit 8 fee as set forth in Tables Nos . 3-B, 3-C, and 3-D 9 respectively. 10 A fee of 10 percent of the building permit fee shall be 11 charged for plan review and inspections to meet any State 12 mandated energy requirements . 13 A fee of 10 percent of the building permit fee shall be 14 charged for plan review and inspections of any State mandated 15 regulations relating to handicapped accessibility imposed upon 16 commercial , multifamily, and public buildings . 17 An additional fee of 75 percent of the plan review fee 18 shall be charged for expeditious plan review requested by the 19 applicant . 20 The plan review fee for grading work shall be as set forth 21 in Table No. 3-G unless otherwise amended in this chapter. 22 The plan review fees specified in this subsection are 23 separate fees from the permit fees specified in Section 304 (a) 24 and are in addition to the permit fees . 25 When plans are incomplete or changed so as to require 26 additional plan review, an additional plan review fee shall be 27 charged at the rate shown in Tables Nos . 3-A through 3-G. 28 7 I SECTION 8. Section 15 . 04 . 083 of the San Bernardino 2 Municipal Code is hereby added as follows : 3 "15. 04 . 083 Uniform Administrative Code Section 305 is 4 amended by adding Subsection ( i ) - Pre-permit Inspections . 5 Uniform Administrative Code Subsection 305( i ) is added as 6 follows : 7 The Building Official may require a pre-permit inspection be 8 conducted prior to the issuance of permits for the 9 rehabilitation, repair, or reconstruction of a structure 10 whenever such structure has been ordered to be vacated by the 11 building official under provisions of this municipal code, has 12 been boarded up and/or otherwise secured subsequent to 13 identification as an attractive or public nuisance as defined 14 in Chapter 8 , has been identified as a substandard building as 15 defined in Section 1001 of the Uniform Housing Code, or has 16 been identified as a dangerous building as defined by the 17 Uniform Code for the Abatement of Dangerous Buildings . 18 After payment of the appropriate fee, the building official 19 will cause the structure to be inspected and shall issue a 20 report which delineates the specific code violations 21 discovered, necessary corrective measures for compliance with 22 all applicable codes , and further specifying the portion of 23 the rehabilitative work requiring permits . 24 25 Exception: The building official may waive the 26 requirement for a pre-permit inspection 1 ) when he 27 determines that the extent of existing violations and the 28 necessary repairs therefore are minor in nature, or 2 ) 8 I when rehabilitation work is to be accomplished by a 2 licensed contractor . To be considered for a waiver of 3 the requirement for a pre-permit inspection, the 4 contractor shall submit an itemized list of corrective 5 measures to be taken, and sign a statement approved by 6 the building official agreeing to repair or correct any 7 violations found during subsequent inspections and to 8 obtain any additional permits as may be required. 9 10 SECTION 9. Section 15 . 04 . 085 of the San Bernardino 11 Municipal Code is amended as follows : "15.04.085 Uniform Administrative Code, Tables 3-A, 3-B, and 12 3-D amended - Fees. 13 A. Uniform Administrative Code, Table 3-A is amended by adding 14 nos . 5, 6, 7 , and 8 under Other Inspections and Fees as 15 follows : 16 5. A fee in the sum of one hundred twenty dollars ($120 . 00 ) 17 for the inspection of any existing property or building 18 required to be made by the Planning and Building 19 Services Department for compliance with the National 20 Housing Act or other lending institutions and 21 regulations thereunder shall be paid to the City by the 22 applicant for such inspection service. 23 6. A fee in the sum of sixty dollars ($60 . 00 ) for the 24 inspection of a room addition, garage, patio, or other 25 portion of a building when the entire building need not 26 be inspected. 27 7 . The fee for a pre-permit inspection shall be as follows : 28 Residential - $120 . 00 per structure up to four (4 ) units plus $10 . 00 for each additional 9 1 unit in excess of four ( 4 ) . 2 Commercial - $120 . 00 per structure up to 5000 square feet , plus $ . 02 for each additional 3 square foot of f loor area in excess of 5000 square feet . 4 8 . An application fee of Seventy-five Dollars ( $75 . 00 ) 5 for review of a proposed alternative material and/or 6 method of construction to be used instead of the 7 material and/or construction method specified in the 8 Uniform Building Code. " 9 B. Uniform Administrative Code, Table 3-B is amended by 10 adding New Commercial Buildings and Electric Meter Reset 11 Inspections as follows : 12 New Commercial Buildings : The fee of $ . 015 per square foot 13 shall include all wiring and electrical equipment in or on 14 each building or other electrical equipment on the premises 15 constructed at the same time, exclusive of the electrical 16 service. 17 Electrical Meter Reset Inspection: . . . . $40 . 00 + $10 . 00 18 for each additional meter on the same 19 building or lot . In conjunction with any permit : . . . . . . . $11 . 00 20 C. Uniform Administrative Code, Table 3-D is amended by adding 21 Item 15 under Unit Fee Schedule as follows : 22 15. Gas Meter Reset Inspection: . . . . . . $40 . 00 + $10 . 00 23 for each additional meter on the same 24 building or lot . " In conjunction with any permit : . . . . $11 . 00 25 26 SECTION 10. Sections 15. 04 . 040 and 15. 04 . 095 of the San 27 Bernardino Municipal Code are hereby repealed. 28 SECTION 11 . Section 15. 04 . 100 of the San Bernardino ����� 10 1 Municipal Code is hereby amended as follows : 2 "15. 04 . 100 Uniform Building Code Section 2708 is amended by 3 adding Subsection (a) - Welding Work. 4 Uniform Building Code Section 2708 (a) is added as follows : ' 5 Notwithstanding the provisions of Section 2708 , the 6 following sections and subsections shall govern all welding 7 work. 8 (a) All welding shall be done by qualified operators 9 approved by the Building Official . The Building Official 10 shall prescribe rules and regulations for the tests for 11 welders , and no operator shall be approved by the Building 12 Official unless and until he has first successfully completed 13 such tests as may be given by the Department of Adult- 14 Vocational Education, San Bernardino City Schools, San 15 Bernardino Valley College, or has obtained such approval 16 because he holds a current welding certificate based upon the 17 requirements of the California Department of Adult-Vocational 18 Education, provided it has the same or similar standards and 19 criteria as said Department of the San Bernardino City Schools 20 of San Bernardino Valley College. A certificate shall be 21 issued to operators by the Building Official upon successful 22 completion of the required test or tests and/or approval as 23 aforesaid being obtained. Requests for the certificate shall 24 be made by the operator within thirty ( 30 ) days after 25 completion of the test . The certificate shall remain in force 26 for two years . Subsequent certificates may be obtained by 27 successful completion of required tests , or when the approved 28 operator submits sufficient evidence to the department of 11 1 Adult-Vocational Education, San Bernardino City School , or San 2 Bernardino Valley College that he has regularly engaged in 3 such work and that such work has been satisfactorily performed 4 during the past year. 5 (b) Every welder employed for welding of steel plate of 6 No. 8 gauge thickness or less shall be qualified for light 7 gauge welding. Every welder employed for field welding shall 8 be qualified to weld in the flat , vertical and overhead 9 positions . Welders , including light gauge welders who are 10 employed for shop welding, shall be qualified in the flat , 11 vertical and horizontal positions. 12 (c) Structural steel welding operators shall be 13 qualified as prescribed by the latest edition of the 14 Structural Welding Code of the American Welding Society. 15 (d) After a welder has passed the above tests , he must 16 be capable of doing neat and consistently good work in actual 17 operation. Carelessness , inability to maintain a uniform arc 18 and poor workmanship will be deemed sufficient cause for 19 revocation of the welder ' s certificate. 20 (e) A fee of forty dollars ( $40 . 00 ) will be 21 charged by the City of San Bernardino for each original 22 certificate which shall be valid for a period of two years . A 23 fee of forty dollars ($40 . 00 ) will be charged for each renewed 24 certificate which shall be valid for two years . 25 ( f ) At the time application is made, a certificate may 26 be issued without examination upon presentation of proper 27 evidence that the welder is currently approved for the 28 position either by the Department of Adult-Vocational 12 1 Education or the Division of Architecture, State of 2 California, or other acceptable proof of qualification. 3 (g) Testing shall be done under the supervision of the 4 San Bernardino City Schools , Department of Adult-Vocational 5 Education of San Bernardino Valley College. 6 7 SECTION 12. Section 15 . 04 . 120 of the San Bernardino Municipal 8 Code is hereby amended as follows : 9 "15.04. 120 UBC subsection 7002(a) added - Scope. 10 UBC subsection 7002 (a) is added to read as follows : 11 Sec . 7002 . (a) This chapter shall also include those 12 requirements set forth in the "Alquist-Priolo Special Studies 13 Zones Act" and subsequent amendments (Chapter 7 . 5, Division 2 , 14 Public Resources Code, State of California and adopted by 15 "State Mining and Geology Board, " November 21 , 1973) . This 16 Act is intended to represent minimum criteria only for all 17 structures that fall within the boundaries as shown on the 18 "Special Studies Zone Maps" as prepared by the State of 19 California Division of Mines and Geology. " 20 21 SECTION 13. Section 15. 04 . 125 of the San Bernardino Municipal 22 Code is hereby added as follows : 23 "15.04. 125 UBC Section 7002 is amended by adding Subsection 24 (b) - Enforcement Authority. 25 UBC subsection 7002 (b) is added to read as follows : 26 Sec. 7002 (b) The City Engineer of the City of San 27 Bernardino shall have the authority for the enforcement of UBC 28 Appendix Chapter 70 and any amendments thereto. The words 13 4 1 "building official" as used in this chapter shall mean the City 2 Engineer. " 3 SECTION 14. Section 15. 04 . 130 of the San Bernardino Municipal ' 4 Code is hereby amended as follows: 5 1115.04.130 UBC Section 7003 is amended by adding Subsection 6 (c) - On-site Improvement Permit. ' 7 UBC subsection 7003 . (c) is added to read as follows: 8 Sec. 7003 . (c) On-site Improvement Permit. No person 9 shall construct any on-site improvement for motor vehicle 10 storage, parking or vehicle circulation, the disposal of waste 11 through a private sewer main, or landscaping and irrigation 12 systems, without first obtaining a permit from the City 13 Engineer. The provisions of this section shall not apply to 14 a residential driveway to be used in connection with the 15 occupancy of a single-family residence or a multi-family 16 residential development of four or less units. A permit 17 issued by the City Engineer for the purpose of construction of 18 the improvements set forth herein shall hereafter be known as 19 an on-site improvement permit. " 20 SECTION 15. Section 15. 04. 133 of the San Bernardino Municipal 21 Code is hereby amended to read as follows: 22 9115.04.133 UBC Section 7005 is amended by adding Subsection 23 (a) - Engineering Geologist. 24 UBC subsection 7005 (a) is added to read as follows: 25 Sec. 7005 (a) . The term "Engineering Geologist" as hereinafter 26 used shall mean a State of California Certified Engineering 27 Geologist. " 28 14 1 SECTION 16. Section 15 . 04 . 140 of the San Bernardino Municipal 2 Code is hereby repealed. 3 SECTION 17 . Section 15 . 04 . 150 of the San Bernardino Municipal 4 Code is hereby repealed. 5 6 SECTION 18. Section 15 . 04 . 160 of the San Bernardino Municipal 7 Code is hereby repealed. 8 SECTION 19. Section 15. 04 . 163 of the San Bernardino Municipal 9 Code is hereby added as follows : 10 «15.04. 163 UBC Section 7006 is amended by adding Subsection 11 (g)4 - Regular Grading Plans. 12 UBC subsection 7006(8)4 is added to read as follows : 13 Sec- 7006 (g)4 . When required by the building official , 14 plans for regular grading shall be prepared by a licensed 15 civil engineer. " 16 17 SECTION 20. Section 15. 04 . 165 of the San Bernardino Municipal 18 Code is hereby amended as follows : 19 "15.04 . 165 UBC Section 7006 is amended by adding Subsection 20 ( 1 ) - On-site Improvement Plans and Specifications. 21 UBC subsection 7006 ( 1 ) is added to read as follows: 22 Sec- 7006( i ) . On-site Improvement Plans and 23 Specifications . When required by the City Engineer, each 24 application for an on-site improvement permit shall be 25 accompanied by two sets of plans and specifications . Plans 26 and specifications required by the City Engineer shall be 27 prepared and signed by a registered civil engineer. 28 Specifications may be incorporated into the plans as general 15 1 notes in lieu of a separate document . " 2 3 SECTION 21 . Section 15. 04 . 167 of the San Bernardino Municipal 4 Code is hereby amended as follows : 5 "15. 04 . 167 UBC Section 7006 is amended by adding Subsection 6 ( j ) - Information on On-site Improvement Plans. 7 UBC subsection 7006( j ) is added to read as follows : 8 Sec- 7006 ( j ) . Information on On-site Improvement Plans . 9 On-site improvement plans shall contain all information set 10 forth in Section 7006 (d) of the UBC and shall include the 11 following additional information: 12 1 . Elevations of top of curb, back of sidewalk, and finish 13 surface of pavement . 14 2 . Flow line elevations , and rates of grade of curb and 15 gutter, ribbon gutters , drainage facilities , and private sewer 16 mains . 17 3 . Detailed plans of planter curbs , curb and gutter, ribbon 18 gutters , drainage facilities , and on-site lighting. 19 4 . Detailed specifications of materials including portland 20 cement concrete, asphalt concrete, aggregate base, sewer pipe 21 and pipe bedding. 22 5 . Size and number of parking spaces, directional signs and 23 striping. 24 6 . Details of landscaping and irrigation systems shall be 25 submitted as a separate set of plans . " 26 SECTION 22. Section 15. 04 . 170 of the San Bernardino Municipal 27 Code is hereby repealed. 28 16 1 SECTION 23. Section 15 . 04 . 175 of the San Bernardino Municipal 2 Code is hereby amended as follows : 3 "15. 04 . 175 UBC Section 7007 is amended by adding Subsection 4 (d) - On-site Improvement Plan Review Fees. 5 UBC subsection 7007 (d) is added to read as follows : 6 Sec. 7007 (d) . On-site Improvement Plan Review Fees . When 7 an on-site improvement plan is required to be submitted, a 8 plan review fee shall be paid at the time of submittal of 9 plans and specifications for review. Said review fee shall be 10 in an amount established by resolution of the Mayor and Common 11 Council . 12 Items to be reviewed are improvements including, but not 13 limited to, paving, curbs , sidewalks , private sewer mains , 14 drainage facilities, on-site lighting, landscaping, and 15 irrigation systems . 16 SECTION 24 . Section 15. 04 . 177 of the San Bernardino Municipal 17 Code is hereby amended as follows : 18 "15.04. 177 UBC subsection 7007(e) added - On-site 19 Improvement Permit Fees. 20 UBC subsection 7007(e) is added to read as follows : 21 Sec. 7007 (e) . On-site Improvement Permit Fees . A fee for 22 each on-site improvement permit shall be paid to the City 23 Engineer. Said fee shall be in an amount established by 24 resolution of the Mayor and Common Council . " 25 26 SECTION 25. Section 15. 04 . 179 of the San Bernardino Municipal 27 Code is hereby amended as follows : 28 "15.04 . 179 UBC Section 7014 is amended by adding Subsection 17 1 ( i ) - On-site Improvement Inspection. 2 UBC subsection 7014 ( i ) is added to read as follows : 3 Sec- 7014 ( i ) . On-site Improvement Inspection. All on- o site improvements for which a permit is required shall be 5 subject to inspection by the City Engineer through his 6 designated representative. " 7 SECTION 26. Section 15. 04 . 190 of the San Bernardino Municipal 8 Code is hereby repealed. 9 10 SECTION 27. Section 15. 04 . 220 of the San Bernardino Municipal 11 Code is hereby amended as follows : 12 "15.04.220 UBC Section 7015 is amended by adding Subsection 13 (a)5 - Final Reports. 14 UBC subsection 7015(a) 5 is added to read as follows : 15 Sec- 7015(a)5. Final Reports: A statement from the 16 Landscape Architect , if any, that the planting and irrigation 17 system(s ) have been installed in accordance with his 18 recommendations . " 19 SECTION 28 . Section 15. 04 . 221 of the San Bernardino Municipal 20 Code is added as follows: 21 "15.04.221 UBC Section 7016 is amended by adding Subsection 22 (a) - Retaining walls. 23 Sec- 7016(a) Retaining walls in excess of 2 . 5 feet in 24 height shall be provided with a protective fence or guardrails 25 of a minimum height of 3 . 5 feet as per section 1712 . " 26 27 SECTION 29. Section 15. 04 . 222 of the San Bernardino Municipal 28 Code is added as follows : 18 1 015.04 .222 UBC Section 7016 is amended by adding Subsection 2 (b) - Driveways. 3 Sec - 7016 (b) Driveways to residential garages of more 4 than 30 feet in length shall extend for a minimum distance of 5 20 feet from the garage, on a maximum grade of 5% . Driveways 6 less than 30 feet in length shall have a maximum grade of 8% 7 for a minimum distance of 20 feet from the garage. No portion 8 of a driveway shall exceed a grade of 20% . Driveways shall be 9 designed so that the algebraic difference in grades will not 10 cause a car to drag or hangup. " 11 SECTION 30. Section 15. 04 . 223 of the San Bernardino Municipal 12 Code is added as follows : 13 15.04 .223 UBC Section 7016 is amended by adding Subsection 14 (c) - Slopes. 15 Sec- 7016(c) Slopes shall be positioned on the downhill 16 lot , unless waived by the Building Official . " 17 1s SECTION 31 . Section 15. 20 . 040 of the San Bernardino Municipal 19 Code is hereby amended to read as follows: 20 "15.20.040 Conditions Requiring Application. 21 A new Certificate of Occupancy shall be required whenever: 22 1 . A new building is constructed. 23 2 . The floor area of an existing building is expanded by more 24 than 10% . 25 3 . A change in use affecting a building' s existing zoning 26 approval or conformity, or a change in the nature of use of 27 a building which would place it in a different occupancy 28 19 1 classification, or division thereof . 2 4 . A building or structure has been vacant for more than 180 3 days . 4 5 . Whenever a building is ordered to be vacated by the 5 Building Official due to substandard or dangerous conditions. 6 6 . Undeveloped or vacant property is to be used or occupied. " 7 SECTION 32, Section 15. 20 . 080 of the San Bernardino Municipal 8 Code is hereby amended to read as follows : 9 "15.20.080 Revocation of Certificate of Occupancy. 10 The Building Official , in writing, may deny or revoke a 11 certificate of occupancy when it is determined that the 12 building, structure, or property is in violation of the codes, 13 or when the certificate was issued in error or on 14 false information supplied by the applicant. The certificate 15 of occupancy is automatically revoked when there is a change 16 of use or occupancy classification, when the building or 17 structure has been vacant for more than 180 days, or when a 18 building is ordered vacated by the Building Official due to 19 substandard or dangerous conditions. " 20 21 SECTION 33. Section 15. 20 . 120 of the San Bernardino Municipal 22 Code is hereby amended to read as follows : 23 "15.20. 120 Connection/Disconnection of Utilities. 24 Buildings, structures or property shall be issued a 25 certificate of occupancy or a temporary certificate of 26 occupancy prior to connection of public utilities. The 27 Building Official may approve the connection of utilities 28 20 rN 1 prior to the issuance of a certificate of occupancy when 2 requested in writing by the applicant for good cause shown, 3 and when he finds that no unsafe conditions exist or will be 4 created by such connection. 5 The Building Official may disconnect or order 6 discontinuance of any utility service to any buildings , 7 structures , or premises lacking a valid certificate of 8 occupancy or a valid temporary certificate of occupancy. " 9 SECTION 34. Section 15. 28 . 010 of the San Bernardino Municipal 10 Code is hereby amended to read as follows : 11 "15. 28 .010 Referenced Code. 12 The latest edition of the Uniform Code for the Abatement 13 of Dangerous Buildings , as adopted pursuant to section 14 15. 04 . 020 , is incorporated herein, and as hereinafter amended 15 shall govern the identification and abatement of dangerous 16 buildings . " 17 18 SECTION 35. Section 15 . 28 . 020 of the San Bernardino Municipal 19 Code is hereby amended as follows : 20 "15.28.020 Uniform Code for the Abatement of Dangerous 21 Buildings - Amended. 22 Chapters 5 , 6, 7 , 8 , and 9 of the Uniform Code for the 23 Abatement of Dangerous Buildings are hereby deleted. 24 Procedures for appeals, hearings , enforcement of orders , 25 and abatements shall be in accordance with Chapter 8 . 30 of the 26 San Bernardino Municipal Code. " 27 SECTION 36. Sections 15. 28 . 030 , 15 . 28 . 040 , 15. 28 . 50 , 28 21 1 15 . 28 . 060 , 15 . 28 . 070 , 15 . 28 . 080 , 15 . 28 . 090 , 15 . 28 . 100 , 15. 28 . 110 , 2 and 15 . 28 . 120 of the San Bernardino Municipal Code are hereby 3 repealed. 4 SECTION 37. Section 15 . 28 . 170 of the San Bernardino Municipal 5 Code if hereby amended as follows : 6 "15. 28 . 170 Filing of notice of pendency of administrative 7 proceedings. 8 At any time after the building official has initiated 9 action to locate and serve the owners with the notice and 10 order referred to in Section 401 of the Uniform Code for the 11 Abatement of Dangerous Buildings, or has posted a "Danger" 12 sign upon a structure as g p provided for in Section 15. 28 . 140 , or 13 has begun summary abatement of a nuisance as provided for in 14 Section 15 . 28 . 150 , the Building Official or the City Engineer 15 may file with the county recorder a notice of pendency of 16 administrative proceedings which shall constitute notice to 17 any subsequent owner, purchaser, encumbrancer of the property 18 described therein or involved in the proceedings , beneficiary 19 of a trust deed, lienholder, mortgagee, or any other person 20 holding or claiming any interest of any kind in the property 21 described therein who shall be bound by the administrative 22 proceedings , including liability for all amounts and costs and 23 expenses assessed against the property as a lien for abatement 24 in the same manner as if he had been the owner at the time of 25 commencement of the proceedings and had been properly served 26 at that time. " 27 28 SECTION 38 . Chapters 15. 38 , 15. 40 , 15 . 44 , and 15. 60 of the 22 1 San Bernardino Municipal Code are hereby repealed. 2 SECTION 39. Section 15. 04 . 112 of the San Bernardino Municipal 3 Code is added as follows : 4 "15. 04 . 112 Uniform Building Code, Chapter 60, Part II is I5 amended by adding subsection Chapter 47 to read as follows: 6 Chapter 47 7 47-18 ; 4702 , Table No. 47-A 8 Metal Suspension Systems for Acoustical Tile and for Lay-in 9 Panel Ceilings . UBC Standards 1988 Edition. " 10 SECTION 40. Section 15. 04 . 114 of the San Bernardino Municipal 11 Code is added as follows : 12 "15.04. 114 Uniform Building Code, Appendix Chapter 12, 13 Division III, Subsection 1241 is amended to read as follows: 14 Sec. 1241 . The provisions of this section apply to the design 15 and construction of barriers for swimming pools, spas, and hot 16 tubs located on the premises of Group R, Division 3 17 occupancies . Swimming pools , spas , and hot tubs for which an 18 application for a permit has been submitted prior to the 19 effective date of this ordinance shall comply with the 20 requirements contained in SBMC Chapter 15. 48 . " 21 22 23 24 25 26 27 28 23 ORDINANCE. . . 1. NDING SECTIONS 15. 04 . 020 15. 04 . 070, 15. 04. 075, 15. 04 . 080, 15. 04. 085, 15. 04 . 100, 15. 04 . 120, - 15. 04 . 130, 15. 04 . 133 , 15. 04 . 140, 15. 04 . 150, 15. 04 . 160, 15. 04 . 165, 15. 04 . 167 , 15. 04 . 175, 1 15. 04 . 177 , 15. 04 . 179, 15. 04 . 220, 15. 20. 040, 15. 20. 080, 15. 20. 120, 15. 28. 010, 15. 28 . 020, 15. 28 . 170, REPEALING CHAPTERS 15. 38 , 15.40, 2 15. 44 , 15. 60, AND SECTIONS 15. 04 . 040, 15. 04 . 095, 15. 04 . 140, 15. 04 . 150, 15. 04 . 160, 15. 04 . 170, 15. 04 . 190, 15.28. 030, 15. 28 . 040, 3 15.28 . 050, 15.28 . 060, 15.28. 070, 15. 28 . 080, 15.28. 090, 15.28. 100, 15.28 . 110, 15.28. 120, AND ADDING SECTIONS 15. 04 . 076, 15. 04 . 077 , 4 15. 04 . 081, 15. 04 . 083, 15. 04 . 112 , 15. 04 . 114 , 15. 04 . 125, 15. 04 . 163 , 15. 04 . 221, 15. 04. 222, 15. 04 . 223 OF THE SAN BERNARDINO MUNICIPAL 5 CODE AND ADOPTING THE UNIFORM BUILDING CODE, 1991 EDITION, THE UNIFORM BUILDING CODE STANDARDS, 1991 EDITION, THE UNIFORM HOUSING 6 CODE, 1991 EDITION, THE UNIFORM ADMINISTRATIVE CODE, 1991 EDITION, THE UNIFORM BUILDING SECURITY CODE, 1991 EDITION, THE UNIFORM 7 MECHANICAL CODE, 1991 EDITIONS, THE UNIFORM PLUMBING CODE, 1991 EDITION, THE UNIFORM SWIMMING POOL SPA AND HOT TUB CODE, 1991 8 EDITION, THE NATIONAL ELECTRICAL CODE, 1990 EDITION, THE UNIFORM CODE FOR SOLAR ENERGY INSTALLATIONS, 1991 EDITION, THE UNIFORM CODE 9 FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1991 EDITION, AND AMENDMENTS THEREON. 10 I HEREBY CERTIFY that the foregoing ordinance was duly 11 adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the 12 day of 1993 , by the following vote, to wit: 13 Council Members: AYES NAYS ABSTAIN ABSENT 14 ESTRADA 15 ILLY 16 HERNANDEZ 17 MAUDSLEY 18 MINOR 19 POPE-LUDLAM 20 MILLER 21 City Clerk 22 The foregoing ordinance is hereby approved this day 23 of 1993. 24 W. R. Holcomb, Mayor 25 Approved as to City of San Bernardino 26 form and legal content: 27 JAMES F. PENMAN, City ttorney /, 28 By: 2 ,