HomeMy WebLinkAbout17- Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: MICHAEL E. HAYS , Director Subject: An Ordinance Adopting the 1998 California
Building Standards Code and Amendments
Dept: Development Services ORR131NAL Thereon.
Date: April 21, 1999
'# Synopsis of Previous Council Action: MCC DATE: May 3, 1999
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Recommended Motion:
That further reading of the Ordinance be waived and that said Ordinance be laid over for final adoption.
Michael Pgys
Contact Person: Joseph Lease Phone: 5171
Supporting data attached: Staff Report Ward: all
FUNDING REQUIREMENTS: Amount: -0-
Source (Acct. No.)
(Acct. Description)
Finance:
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Council Notes:_
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Agenda No.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
An Ordinance Adopting the 1998 California Building Standards Code and Amendments Thereon.
BACKGROUND:
The State of California, under various statutes and titles, requires local governments to adopt and enforce the
California Building Standards Code. The State has updated its building codes by adopting the 1997 editions
of the Uniform Codes, and making amendments thereon. Pursuant to Health and Safety Code Section 18938
these building standards are applicable to all occupancies throughout the State. The effective date of these
codes has been set by the Building Standards Commission for July 1, 1999. The adoption of these codes as
part of the City's Municipal Code provides for local enforcement and administration.
The California Health and Safety Code, Section 17958 provides that local jurisdictions may make
amendments to the building standards contained in these codes based on express findings that such
modifications are reasonably necessary because of local climatic, geological, or topographical conditions.
Section 1 of the Ordinance provides findings for the amendments found in Sections 2,3,4, and 5. These
findings provide clarification as to the necessity of the amendments. As in the past, our philosophy has been
to keep such amendments to a minimum in keeping with the spirit and intent of the law; to provide uniform
building standards throughout the state.
All of the amendments noted in Section 2 have been adopted in prior years, and thus are not new to the
Municipal Code. They include minimum housing standards, administrative provisions, provisions for the
abatement of dangerous buildings, standards for swimming pool barriers, requirements for reroofing,
standards for conventional framing requirements in high wind areas, requirements for flood-resistant
construction, and procedures for grading operations, respectively.
Section 3 provides an amendment which will allow additional extensions of time to obtain permits on a plan
review for projects which are built in phases over an extended period of time (such as tract housing). The
codes currently provide that plan reviews expire after 180 days and may be granted only one 180 day
extension. This is problematic for projects built in phases over a period of several years. There is no
legitimate reason that such projects, when ongoing, should expire and be subject to a new plan review,
unless code changes have occurred.
Section 4 amends a provision for the waiver of permit fees for the reconstruction of structures damaged by
natural disasters. It provides a limitation of 7 years on such waivers. As currently written, no time limit is
provided, and as a result we have recently provided fee waivers for permits relating to the Panorama Fire in
1980. FEMA will only reimburse the City for fee waivers during the first six months following a disaster.
Section 5 amends existing provisions to require compliance with fire resistive construction requirements when
substantial reconstruction of a building occurs. The City's Foothill Fire Zone Building Standards provide
construction requirements to limit fire exposure and the spread of fire for structures located in high fire
hazard zones.
RECOMMENDATION:
That further reading of the Ordinance be waived and that said Ordinance be laid over for final adoption.
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1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
3 SECTIONS 15.04.020, 15.04.080B2, 15.10.040B, AND ADDING SECTION 15.04.055
OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING BY REFERENCE
4 THE 1998 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, KiNON`'N
AS THE CALIFORNIA CODE OF REGULATIONS,TITLE 24 (CCR, T-24),
5 INCORPORATING THE UNIFORM BUILDING CODE, 1997 EDITION, THE
6 UNIFORM MECHANICAL CODE, 1997 EDITION, THE UNIFORM PLUMBING
CODE, 1997 EDITION, THE NATIONAL ELECTRICAL CODE, 1996 EDITION; AND
7 ADOPTING THE UNIFORM HOUSING CODE, 1997 EDITION, THE UNIFORM
ADMINISTRATION CODE, 1997 EDITION, THE UNIFORM CODE FOR THE
8 ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION, AND, A_AIENDING
9 THOSE CALIFORNIA BUILDING STANDARDS AS IDENTIFIED HEREIN,
THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY.
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WHEREAS, pursuant to California Health and Safety Code Section 17960, local
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agencies are required to enforce building regulations imposed by Section 17922 of the California
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13 Health and Safety Code; and
14 'WHEREAS, pursuant to Section 17958 of the California Health and Safety Code, a cite
15 may make changes in the provisions adopted pursuant to Section 17922 of the California Health
16 and Safety Code through express findings of local necessity; and
17 WHEREAS, it is necessary to update codes incorporated into the San Bernardino
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Municipal Code.
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20 NOW, THEREFORE, THE MAYOR A_tirD COMMON COLTN'CIL OF THE CITY OF
21 SAS; BERNARDNO DO ORDAIN- AS FOLLOWS:
22 SECTION 1: Findings of Local Necessity. Pursuant to Health and Safety Code
23 Sections 17958.7 and 18941.5 a local governing body must make express findings that
24 amendments to state building standards are necessary because of local climatic, geological, or
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topographical conditions. The following findings, applic?ble to those sections of this code
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referenced herein, are hereby made:
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1 1.1 In regard to 15.04.020 B(1): It is hereby determined and found that the alternate
2 abatement procedures and requirements contained in the Uniform Housing Code, the Uniform
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Code For the Abatement of Dangerous Buildings, and Chapter 8.30 of this code, are equivalent
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5 to those provided by the State Housing Law (CCR, Title 25).
6 1.2 In regard to 15.04.020 B(2): The Uniform Administrative Code provides standard
7 administrative requirements for the enforcement of the uniform codes. Such requirements do not
8 constitute"building standards" as defined by law, and therefore a finding of local necessity is not
9 required.
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11 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
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13 dilapidated and abandoned buildings which negatively impact the health and safety of the
14 community. Due to the City's relatively temperate winter climate vagrants are attracted to the
15 area and illegally occupy many of these substandard structures. The City has experienced an
16 epidemic of structural fires in abandoned buildings which may be caused by the warming tires of
17 vagrants, arson, or other factors. Several lives have been lost in such fires. Due to the
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propensity for high winds and hot weather experienced from "Santa Ana Wind" conditions,
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20 adjacent occupied structures and vegetated areas are threatened by fires in abandoned buildings.
21 1.4 In regard to 15.04.020 B(4): Due to extreme summer temperatures often exceeding 100
22 degrees Fahrenheit, and a multitude of private swimming pools in residential neighborhoods,
23 unsupervised children can be enticed or attracted to such pools which may result in drowning
24 injuries or deaths. Therefore adequate standards for swimming pool barriers are necessary. The
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City adopted Appendix 4, Division 1 prior to January 1, 1997, and therefore it qualifies as a pre-
existing ordinance pursuant to Health and Safety Code Section 115922.
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1 1.5 In regard to 15.04.020 B(5): Due to severe summer heat and Santa Ana wind conditions
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roofing materials installed on structures may become damaged or otherwise deteriorate rapidly.
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4 This leads to a high level of reroofing activity, and often multiple layers of roofing materials are
5 applied to buildings which may exceed the structural design capacity of roof systems giving rise
6 to the potentiality of structural failures. In addition, the city has various high fire hazard areas
7 (Foothill Fire Zones) that are so designated based on their steep terrain and natural state of
8 vegetation. Fire resistive roofing materials are necessary within these high fire hazard zones in
9 order to limit fire exposure, property damage, and potential loss of life in the event of wildland
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fires. As a result, it is necessary to adopt Appendix Chapter 15 in order to regulate reroofing
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12 activity.
13 1.6 In regard to 15.04.020 B(6) Various areas of the City experience wind storms with
14 sustained winds of 80 miles per hour and gusts of 100 miles per hour. These High Wind Zones
15 are identified in the City's General Plan. Previous wind storms have resulted in damage to
16 property and building failures. Building failures have the potential to cause injury or death. The
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conventional framing requirements contained in Chapter 23 of the Uniform Building Code are
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19 not adequate in these areas. Appendix Chapter 23 provides adequate standards for cony entional
20 construction in these high wind zones.
21 1.7 In regard to 15.04.020 B(7): Various areas in the City lie within flood zones identified in
22 the Flood Insurance Rate Maps promulgated by the Federal Emergency Management Agency.
23 Such areas are subject to periodic flooding which may result from heavy precipitation. Property
24 damage and personal injuries resulting from floods can be avoided by utilizing the special
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26 con strlction requirements contained in Appendix Chapter 31, Division I.
1.8 In regard to 15.04.020 B(8): The City is subject to a number of geological hazards
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28 which impact the construction of buildings and grading operations. Two major earthquake
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1 faults traverse the City; the San Jacinto Fault through the western portion of the City, and the
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infamous San Andreas Fault to the north. Large portions of the City are subject to liquefaction
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during seismic events due to poor soil conditions and high water tables. The potential exists for
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5 damage due to erosion and landslides caused by ground saturation from heavy rains in the City's
6 foothill areas. In addition, high winds create unique problems for grading operations. As a
7 result, proper grading procedures and their enforcement are necessary to mitigate the potential
8 for loss of life and property damage.
9 1.9 In regard to 15.04.055: Administrative requirements do not constitute "building
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standards" as defined by law, and therefore a finding of local necessity is not required.
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12 1.10 In regard to 15.10.040 B: Within the foothill areas of the City the threat of wildland
13 fires during the Summer and Fall months is an ever present danger. The Panorama Fire of 1980
14 destroyed approximately 350 homes and burned 41,000 acres. Wildland fires, aggravated by
15 Santa Ana Winds, dry brush, and steep hillside terrain can overcome available fire fighting
16 resources, and can burn out of control for days. Foothill Fire Zone Building Standards are
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necessary to promote public safety and reduce property damage due to fires by minimizing the
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19 fire exposure of structures built in high fire zones.
20 SECTION 2: Section 15.04.020 of the San Bernardino Municipal Code is hereby
21 amended as follows (Express findings of local necessity are provided in Section 1 for those
22 subsections marked by an asterisk (*)):
23 "1 .04.020 Adoption of Codes By Reference
24 A. Adoption of the California Building Standards Code by Reference.
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Those certain rules and regulations, as set forth in the following codes are hereby adopted
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by reference as the regulations governing the erection, construction, alteration, repair,
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28 removal, and maintenance of all buildings and other structures in the City:
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1 (1) The 1998 edition of the California Building Standards Code, known as the
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California Code of Regulations, Title 24, incorporating those state adopted model codes
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4 listed pursuant to Health and Safety Code Section 17922, and all state adopted
5 amendments thereon, and incorporating:
6 A. The Uniform Building Code, 1997 edition, published by the International
7 Conference of Building Officials;
8 B. The Uniform Mechanical Code, 1997 edition, published by the International
9 Conference of Building Officials;
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C. The Uniform Plumbing Code, 1997 edition, published by the International
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12 Association of Plumbing and Mechanical Officials;
13 D. The National Electrical Code, 1996 edition, published by the National Fire
14 Protection Association;
15 B. Adoption of Other Codes By Reference
16 In addition to the California Building Standards Codes, those certain rules and
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regulations, as set forth in the following codes, and appendices are hereby adopted by
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19 reference and shall regulate the erection, construction, alteration, repair, removal and
20 maintenance of all buildings and other structures in the city:
21 (1) Uniform Housing Code *, 1997 edition, published by the International
22 Conference of Buildin; Officials;
23 (2) Uniform Administrative Code *, 1997 edition, published by the International
24 Conference of Building Officials.
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(3) Uniform lode For the Abatement of Dangerous Buildings *, 1997 edition,
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published by the International Conference of Building Officials.
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1 (4) Uniform Building Code, Appendix Chapter 4, Division I *, 1997 edition,
2 published by the International Conference of Building Officials.
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4 (5) Uniform Building Code, Appendix Chapter 15 *, 1997 edition, published by the
International Conference of Building Officials.
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6 (6) Uniform Building Code, Appendix Chapter 23 *, 1997 edition, published by the
7 International Conference of Building Officials.
8 (7) Uniform Building Code, Appendix Chapter 31, Division I *, 1997 edition,
9 published by the International Conference of Building Officials.
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(8) Uniform Building Code, Appendix Chapter 33 *, 1997 edition, published by the
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12 International Conference of Building Officials.
13 It shall be unlawful to erect, construct, alter, repair, remove or maintain any
14 building or structure in the City in violation of, or without complying with the
15 appropriate provisions of the above codes. Copies of each code shall be kept on file in
16 the City Clerks Office for inspection and reference and copies of each code shall be
17 furnished to the Director of Development Services.
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In the event of any inconsistency or conflict between the above codes and the
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20 requirements of other City ordinances or State statutes, the State statutes and City
21 ordinances shall apply."
22 SECTION 3: Section 15.04.055 of the San Bernardino Municipal Code is added
23 to read as follows (Express findings of local necessity are provided in Section 1):
24 "15.04.055 UBC Section 107.4.1 is added— Plan Review Extensions for Phased
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Projects.
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107.4.1 Plan Review Extensions for Phased Projects
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1 For projects that are to be constructed in phases, such as tract housing, the
2 Building Official may grant additional extensions of time that may be deemed
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4 reasonable. At the time of the adoption of any new or updated code provisions,
5 plan reviews that were submitted more than one year prior to the effective date of
6 such codes shall expire. Such projects shall be required to update their plans
7 based on the new code requirements and resubmit for plan review. Fees for such
8 plan reviews shall be commensurate with the extent of the work necessary to
9 review the plans under the new code provisions."
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SECTION 4: Section 15.04.080, Subsection B, Subsection 2 of the San
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12 Bernardino Municipal Code relating to fee exemptions is amended to read as follows:
13 "2. Natural Disaster Damage—No fees shall be charged for permits issued to
14 owners for demolition or first rebuilding of damaged or destroyed structures located in an area
15 designated as a disaster area by resolution of the Mayor and Common Council. This exemption
16 shall apply only to property owners of record at the time of the disaster, and not to persons
17 subsequently acquiring the property. This fee exemption shall be valid for a period of 7 (seven)
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19 years from the date of the adoption of the resolution."
20 SECTION 5: Section 15.10.040, subsection B of the San Bernardino Municipal
21 Code relating to Foothill Fire Zone Building Standards is amended to read as follows (Express
22 findings of local necessity are provided in Section 1):
23 `B. Existing Structures
24 For existing structures, retrofitting of an element is required when more
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than 25% replacement of that element occurs. An addition to an existing
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27 structure need not comply with these standards if the addition does not
28 exceed 25% of the floor area of the existing structure and the existing
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I structure was not required to meet these requirements when originally
2 constructed. Retrofitting of an entire structure is required when a
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4 combination of elements are replaced or other repairs are made equal in
5 value to 50 % or more of the replacement cost of the structure as
6 determined by the building official. Alterations made to a structure shall
7 not increase the degree of non-conformity in regards to these standards."
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1 AN ORDINANCE... AMENDING SECTIONS 15.04.020, 15.04.080B2, 15.10.040B, AND
2 ADDING SECTION 15.04.055 OF THE SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE ADOPTION OF THE 1998 EDITION OF THE CALIFORNIA
3 BUILDING STANDARDS CODE AND OTHER RELATED CODES, AND AMENDING
THOSE CALIFORNIA BUILDING STANDARDS AS IDENTIFIED HEREIN,
4 THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY.
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6 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and j
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7 Common Council of the City of San Bernardino at a meeting thereof,
8 held on the day of , 1999, by the following vote, to wit:
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Council Members AYES NAYS ABSTAIN ABSENT
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11 ESTRADA
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LIEN
13 MCGINNIS
14 SCHNETZ
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16 DEVLIN
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ANDERSON
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18 MILLER
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City Clerk
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The foregoing resolution is hereby approved this day of
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23 1999.
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24 JUDITH VALLES, Mayor
City of San Bernardino i
25 Approved as to form j
and legal content:
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27 JAMES F. PENMAN
City Attorney
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By'
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