HomeMy WebLinkAbout22- Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Mike Hays, Director Subject: Appeal of BBC Order No. 2693 Regarding
Property Located at 750-752 West 4th Street.
Dept: Planning and Building Services
o
[PIT Date: October 8 1996 G O
MCC n A TF• n(-tnhPr ?1 1996
Synopsis of Previous Council Action: None
i�
Recommended Motion: That the Mayor and Common Council uphold Order No. 2693 of the Board of Building
Commissioners and deny the appeal.
ignature
Contact person: Mike Hays Phone: 5357
Supporting data attached: Staff Report Ward: One
FUNDING REQUIREMENTS: Amount: N/A
Source:(Acct No.)
(Acct Description)
Finance:
Council Notes:
Continued to // eoy �
Agenda Item No.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
BACKGROUND
In response to a complaint from the San Bernardino Police Department regarding substandard
conditions at 750-752 W. 4th Street, an inspection was made on January 11, 1995. On January
23, 1995 a Notice of Violation (Attachment I) was issued to the property owners, Joseph and
Therese Mastropaolo, citing numerous violations of various sections of the San Bernardino
Municipal Code, including but not limited to Section 15.04.020, Uniform Housing Code Section
1001, Substandard Housing Conditions.
On February 2, 1995, Mr. Mastropaolo submitted an appeal (Attachment H) in regards to several
of the violations cited in the Notice of Violation. The appeal was heard by the Board of Building
Commissioners on June 1, 1995. The Board denied the appeal and issued Order No. 2693
(Attachment F) requiring the owner to correct the violations.
The owner did not appeal the Board's action to the Mayor and Common Council at that time.
Instead, the owner commenced work to correct the violations. A building permit for a portion
of the work was obtained and plans were submitted to the Department for review and approval.
Since that time, the owner has suspended work and allowed his plan check application to expire
without obtaining the necessary permits. In addition he has failed to obtain final inspection or
to allow reinspection of the violations. In essence he has failed to comply with the BBC Order.
The Department intends to obtain an inspection and abatement warrant and to abate any nuisances
found to still exist on the property. This intention was communicated to the owner in a letter
dated August 6, 1996 (Attachment B), and prompted this appeal.
ANALYSIS
In his Notice of Appeal, the owner states that he believes the Notice of Violation and BBC Order
violates state housing laws and state historical building laws. He provides no further argument
or elaboration on which to base this claim.
The City's adoption of the Uniform Housing Code (SBMC 15.04.020) is in harmony with the
states housing laws. In fact, the California Health and Safety Code, Section 17922 (Attachment
C) adopts the Uniform Housing Code by reference, except for the definition of "substandard
building" (UHC 1001) which is written verbatim into state statutes (ref: H & S Code 17920.3 -
Attachment D).
The appellant's claim that the City's action violates state historical building laws is also without
foundation. The California Historical Building Code (CHBC) applies to "qualified historical
buildings" as defined in CHBC 8-302 (Attachment E). The subject property does not meet the
definition of a qualified historical building, and therefore the CHBC does not apply.
CONCLUSION
Based on the information included in the Notice of Appeal submitted by the appellant, the appeal
is without foundation. Applicable City and State Codes relating to existing housing have been
applied in an appropriate manner.
RECOMMENDED MOTION
That the Mayor and Common Council uphold Order No. 2693 of the Board of Building
Commissioners and deny the appeal.
Attachments: A: Notice of Appeal to MCC dated Sept. 4, 1996
B: Letter to Owner dated August 6, 1996
C: H & S Code Section 17922 (excerpt)
D: H & S Code Section 17920.3
E: California Historical Building Code 8-302 (excerpt)
F: Board of Building Commissioners Order No. 2693
G: BBC Staff Report - Appeal Regarding 750-752 W. 4th St
H: Notice of Appeal dated Feb. 2, 1995
I: Notice of Violation dated Jan. 23, 1995
Attachment "A"
----- FOR OFFICE USE ONLY
Departments Receiving Date/Time Stamp:
Copies:
'96 SEP —4 P 4 :00
Original to: c .
Payment Information:
Date of Distribution:
Last Updated: 3/26/96 LADED 114
Account 001-000-4303
CITY OF SAN BERNARDINO - NOTICE OF APPEAL
IMPORTANT INFORMATION: Pursuant to Council Action, all Mayor and Common Council
appeals must be filed in the City Clerk's Office accompanied by the appropriate fee.
Complete All Information
Appellant Name
& Address: Joseph Mastropaolo
16291 Magellan Lane, Huntington Beach, CA 92647
Contact Person
& Address: Same as above.
Contact Person Phone
Number: Day, (714) 847-6960 Evening: Same.
Affected Property
Address & APN # 750-752 W. 4th St. , San Bernardino, CA; APN: 134-093-23
Twe of Appeal - Check One:
Appeal to the Mayor & Common Council: Appeals to Other Legislative Bodies:
(*Adjusted Annually)
Planning Commission ($122.00 *) _Board of Building Commissioners (No Charge)
X Building Abatement ($75.00) Police Commission (No Charge)
Weed Abatement ($75.00) Access Appeals Board (No Charge)
Vehicle Abatement ($75.00) Other/Explain: (No Charge)
(continue next page)
CI`*
A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION (SBMC 2.64):
1. The specific action appealed, and date of that action: 'Threat of evicting tenants
and ordering the utilities disconnected as ordered by Mr. Ron Gaston
in his letter of August 21 , 1996•
2. The specific grounds of appeal: The Notice of Violation of January 23 1995
and the BBC Order 2693 violate State Housing Laws and State Historical
Building Laws and are therefore void.
3. The actions(s) sought from the legislative body: Repeal of the Notice of Violation
of January 23, 1995 and BBC Order 2693; and executive orders through the
Mayor to Code Enforcement that these insults to property and civil rights
not be repeated.
4. Any additional information: There is no danger to life, the property is
crime-free, and there are no geographic, climatic or topographic
imperatives.
Signature of Appellant:
Date: September 3, 1996
Attachment "B"
7
C I T Y O F
an Bernardino
0 E P A R T I A G N T OF P L A N N I N G A N D B U I L D I N G S I E R V I C E S
A L 8 0 U G H E Y . A I C P
0 1 R E C T O R
lA. Joseph Mastropaolo Date August 6, 1996
►ddress 16291 Magellan Lane
Huntington Beach, CA 92647
E: Inactive Permit # 100551 Job Address 750-752 W. 4th St. #9
,ear Mr. Mastropaolo
'he City of San Bernardino, Building and Safety Divisiori has the above
referenced on file for which:
No inspections have been obtained.
Specific required inspection have not been obtained, i.e.
X) No inspections have been obtained within the past 180 days.
X) Final inspection and approval has not been obtained.
g) Other (see Attachment A)
lease be advised that the San Bernardino Municipal Code, section 15.04.020,
BC 303 (d) provides that a permit shall expire by limitation and become null
zd void if work is not commenced, or is discontiriued for a period of 180
!Lys. .
Sur permit has BZPIR on 03 / 01 / 96 Since you have allowed this permit
3 expire, you will be required to obtain a new permit and pay additional
-es, or to remove such work. The Uniformed Building Code, section 305,
:quires the permittee to obtain inspection of all work which requires a
-rmit. This matter may be referred to the City Attorney's Office for further
-gal action if all required inspections are not obtained or if work remains
.thout a valid permit. Please contact this office at 384-LXIM to arrange an
ispection or contact the undersigned building inspector to discuss this
fitter. Your prompt attention to this matter' is appreciated.
.ncerely;
.ME RON GASTON
:neral Building Inspector
.one (909) 384-5071 between the hours of 7:30-8: 30 A.M. PFWE
W
] 0 0 N O R T H O s T R E E T S A N s E R N A R O 1 u 0 .
C A L I F O R N I A 9 2 4 1 0 - 0 0 0 / C 6 0 j 301.0071 / 0007
Attachment A
Inactive Permit: 750-752 W. 4th St.
Page 1 of 2
Date: August 6, 1996
Re: Order of The Board of Building Commissioners
Location: 750-752 W. 4th Street
A.P.N.: 134-093-23
Order No.: 2693
Case No.: NST94-0010
Dear Mr. Mastropaolo:
Pursuant to the action taken by the Board of Building Commissioners on June 1, 1995, the
property owner was directed to submit plans and obtain all necessary permits for the
rehabilitation of the structures of said property within the timeframe given.
A review of pertinent records revealed that only partial compliance has been obtained to the
Boards' order, as indicated below:
1. The plans for the rehabilitation of the two story structure that were submitted to the
Planning and Building Services Department(Development Services Division) were not
approved. As a result, there are corrections to the plans that must be made prior to the
issuance of the building permit. As of this date the plans have not been picked up for
corrections and re-submitted for approval. In addition, this plan check application has
expired in accordance with the Uniform Building Code section 304(d).
2. Permit No.100551 has expired, as all of the work identified on the permit was not
inspected and approved due to the applicants failure to notify the Building Official that
the work was ready for inspection as required by UBC 305.
3. In addition, the Boards' order gave a sixty (60) day time limit to have the rehabilitation
of the property completed. A review of city records indicate that the rehabilitation of
the property has not been completed as required.
In order to verify that the rehabilitation of the property has/has not been completed as directed,
a complete inspection of the property will be required. Please make arrangements with the
undersigned inspector to conduct the inspection within ten (10) days from the date of this letter.
Attachment A
Inactive Permit: 750-752 W. 4th St.
Page 2 of 2
If the owner fails to respond to the aforementioned request, this matter will be referred to the
City Attorneys office for further legal action.
Should you require any further assistance regarding this matter, please feel free to contact the
undersigned inspector at (909)384-5543 during normal business hours.
Sincerely,
Ron Gaston
General Building Inspector
cc: Joe Lease, Inspection Services Supervisor
City Attorney
file
rg/000343
Attachment "C"
REFERENCE SERVICES
PROFESSIONAL MVELO/TENT SERIES
§ 17922. Administrative code rules and regulations; uniform housing
code requirements; local requirements
(a) Except as otherwise specifically provided by law, the building standards
adopted and submitted by the department for approval pursuant to Chapter 4
(commencing with Section 18935) of Part 2.5 and the other rules and regulations,
which are contained in Title 24 of the California Administrative Code, adopted,
amended, or repealed from time to time pursuant to this chapter shall be adopted
by reference, except that the building standards and rules and regulations shall
include any additions or deletions made by the department. The building standards
and rules and regulations shall impose substantially the same requirements as are
contained in the most recent editions of the following uniform industry codes as
adopted by the organizations specified:
_ (1) The Uniform Housing Code of the International Conference of Building
Officials, except its definition of "substandard building."
(2) The Uniform Building Code of the International Conference of Building
Officials.
(3) The Uniform Plumbing Code of the International Association of
Plumbing and Mechanical Officials.
(4) The Uniform Mechanical Code of the International Conference of
Building Officials and the International Association of Plumbing and Mechanical
Officials.
(5) The National Electrical Code of the National Fire Protection
Association. In adopting building standards for approval pursuant to Chapter 4
(commencing with Section 18935) of Part 2.5 for publication in the State Building
Standards Code and in promulgating other regulations, the department shall
consider local conditions and any amendments to the uniform codes referred to
in this section. Except as provided in Part 2.5 (commencing with Section 18901),
in the absence of adoption by regulation, .the most recent editions of the uniform
codes referred to in this section shall be considered to be adopted one year after
the date of publication of the uniform codes.
(6) Appendix Chapter 1 of the Uniform Code for Building Conservation of
the International Conference of Building Officials.
16
HEALTH AND SAFETY CODE
Attachment "D"
REFERENCE CERVICES
PROFESMONAL MVELO/RENT•ERIE•
17920.3. Substandard building; conditions
Any building or portion thereof including any dwelling unit, guest room or
suite of rooms, or the premises on which the same is located, in which there exists
any of the following listed conditions to an extent that endangers the life, limb,
health, property, safety, or welfare of the public or the occupants thereof shall be
deemed and hereby is declared to be a substandard building:
(a) Inadequate sanitation shall include, but not be limited to, the following:
(1) Lack of, or improper water closet, lavatory, or bathtub or shower in a
dwelling unit.
(2) Lack of, or improper water closets, lavatories, and bathtubs or
showers per number of guests in a hotel.
(3) Lack of, or improper kitchen sink.
(4) Lack of hot and cold running water to plumbing fixtures in a hotel.
(5) Lack of hot and cold running water to plumbing fixtures in a dwelling
unit.
(6) Lack of adequate heating.
(7) Lack of, or improper operation of required ventilating equipment.
(8) Lack of minimum amounts of natural light and ventilation required by
this code.
(9) Room and space dimensions less than required by this code.
(10) Lack of required electrical lighting.
(11) Dampness of habitable rooms.
(12) Infestation of insects, vermin, or rodents as determined by the health
officer.
(13) General dilapidation or improper maintenance.
5
HEALTH AND SAFETY CODE
REFERENCE SERVICES
PROFESSIONAL DEVELOPMENT SERIES
(14) Lack of connection to required sewage disposal system.
(15) Lack of adequate garbage and rubbish storage and removal facilities
as determined by the health officer.
(b) Structural hazards shall include, but not be limited to, the following:
(1) Deteriorated or inadequate foundations.
(2) Defective or deteriorated flooring or floor supports.
(3) Flooring or floor supports of insufficient size to carry imposed loads
with safety.
(4) Members of walls, partitions, or other vertical supports that split, lean,
list, or buckle due to defective material or deterioration.
(5) Members of walls, partitions, or other vertical supports that are of
insufficient size to carry imposed loads with safety.
(6) Members of ceilings, roofs, ceilings and roof supports, or other
horizontal members which sag, split, or buckle due to defective material or
deterioration.
(7) Members of ceiling, roofs, ceiling and roof supports, or other
horizontal members that are of insufficient size to carry imposed loads with
safety.
(8) Fireplaces or chimneys which list, bulge, or settle due to defective
material or deterioration.
(9) Fireplaces or chimneys which are of insufficient size or strength to
carry imposed loads with safety.
(c) Any nuisance.
(d) All wiring, except that which conformed with all applicable laws in
effect at the time of installation if it is currently in good and safe condition and
working properly.
6
HEALTH AND SAFETY CODE
REFERENCE SERVICES
►ROFEiEN)MAL DEVELO►RENT•FRIES
(e) All plumbing, except that which conformed with all applicable laws in
effect at the time of installation and which has been maintained in good condition,
or which may not have conformed with all applicable laws in effect at the time of
installation but is currently in good and safe condition and working property, and
which is free of cross connections and siphonage between fixtures.
(f) All mechanical equipment, including vents, except that which conformed
with all applicable laws in effect at the time of installation and which has been
maintained in good and safe conditions, or which may not have conformed with all
applicable laws in effect at the time of installation but is currently in good and safe
condition and working properly.
(g) Faulty weather protection, which shall include, but not be limited to,
the following:
(1) Deteriorated, crumbling, or loose plaster.
(2) Deteriorated or ineffective waterproofing of exterior walls, roof,
foundations, or floors, including broken windows or doors.
(3) Defective or lack of weather protection for exterior wall coverings,
including lack of paint, or weathering due to lack of paint or other approved
protective covering.
(4) Broken, rotted, split, or buckled exterior wall coverings or roof
coverings.
(h) Any building or portion thereof, device, apparatus, equipment,
combustible waste, or vegetation which, in the opinion of the chief of the fire
department or his deputy, is in such a condition as to cause a fire or explosion or
provide a ready fuel to augment the spread and intensity of fire or explosion
arising from any cause.
(i) All materials of construction, except those which are specifically allowed
or approved by this code, and which have been adequately maintained in good and
safe condition.
0) Those premises on which an accumulation of weeds,. vegetation, junk,
dead organic matter, debris, garbage, offal, rodent harborages, stagnant water,
7
HEALTH AND SAFETY CODE
REFiRENCE SERVICES
PROFESSIONAL DMLO►RENT SERIES
combustible materials, and similar materials or conditions constitute fire, health, or
safety hazards.
(k) Any building or portion thereof which is determined to be an unsafe
building due to inadequate maintenance, in accordance with the latest edition of the
Uniform Building Code.
(1) All buildings or portions thereof not provided with adequate exit facilities
as required by this code, except those buildings or portions thereof whose exit
facilities conformed with all applicable laws at the time of their construction and
which have been adequately maintained and increased in relation to any increase
in occupant load, alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of, or improper location of,
exits, additional exits may be required to be installed.
(m) All buildings or portions thereof which are not provided with the,
fire-resistive construction or fire- extinguishing systems or equipment required by
this code, except those buildings or portions thereof which conformed with all
applicable laws at the time of their construction and whose fire-resistive integrity and
fire-extinguishing systems or equipment have been adequately maintained and
improved in relation to any increase in occupant load, alteration or addition, or any
change in occupancy.
(n) All buildings or portions thereof occupied for living, sleeping, cooking, or
dining purposes which were not designed or intended to be used for such
occupancies.
(o) Inadequate structural resistance to horizontal forces.
"Substandard building" includes a building not in compliance with Section
17920.7.
However, a condition which would require displacement of sound walls or
ceilings to meet height, length, or width requirements for ceilings, rooms, and
dwelling units shall not by itself be considered sufficient existence of dangerous
conditions making a building a substandard building, unless the building was
constructed, altered, or converted in violation of such requirements in effect at the
time of construction, alteration, or conversion.
8
HEALTH AND SAFETY CODE
Attachment "E" _
8-302 CALIFORNIA HISTORICAL BUILDING CODE (7-1-95)
(Part 8, Title 24, C.C.R.)
one of more of the following:historical background,noteworthy architecture,unique
design, works of art, memorabilia, and artifacts.
"Historical Purity:"That which is free from alteration and is exactly as it appeared
and was used in the past.
"Original Materials:"Those portions of the structure's fabric that existed during the
period deemed to be most architecturally and/or historically significant, as deter-'
mined by the official designating historical agency.
"Preservation:" The maintenance of the structure in its present condition or as
originally constructed. Preservation aims at halting further deterioration and provid-
ing structural safety,but does not contemplate significant rebuilding.Preservation in-
cludes techniques of arresting or slowing the deterioration of a structure; improve-
ment of structural conditions to make a structure safe,habitable,or otherwise useful;
normal maintenance and minor repairs that do not change or adversely affect the fab-
ric or appearance of a structure. -
"Prevailing Code:" The "regular building regulations", which govern the design
and construction or alteration of non-historical buildings within the jurisdiction of the
enforcing agency.
"Qualified Historical Building:" A qualified historical building or structure is any
structure,collection of structures,and their associated sites,deemed of importance to
the history,architecture,or culture of an area by an appropriate local,state or federal
governmental jurisdiction.This shall include designated structures on official existing
or future national, state or local historical registers or official inventories,such as the
National Register of Historic Places, State Historical Landmarks, State Points of His-
torical Interest, and officially adopted city or county registers or inventories of his-
torical or architecturally significant sites, places or landmarks.
"Reconstitution:"A structure saved only by a piece-by-piece reassembly,either in
situ or on a new site. Reconstitution in situ is ordinarily the consequence of disasters
like war or earthquakes,where most of the original constituent parts remain. On oc-
casion,it may be necessary to dismantle a building and reassemble it on the same site,
but reconstitution on new sites is more common.
"Reconstruction:"The process of rebuilding a non-extant structure or portion of a
structure to its original appearance through archival and archeological investigation.
Although parts of the original structure are sometimes included in the reconstruction,
the process usually involves new construction materials. j
"Rehabilitation:"Involves equipping the building or facility for an extended useful
life with a minimum alteration of original construction or the process of returning a
structure to a state of usefulness by repairs or alterations.
"Relocation:"Involves any structure of a portion of a structure that may be moved
to a new location.
"Renovation:"To make sound again any structure involved under the various def-
initions hereunder by cleanup,repair and replacement of deteriorated detail or struc-
ture.
"Repair:" Reconstruction, renovation, or renewal of any portion of an existing
building for the purpose of its maintenance.
"Replica:" See Facsimile.
"Replication:"The process of making a copy,or an exact copy of an original struc-
ture on a new site or a faithful reproduction so far as historical records of the original
building would allow on the same or a new site. Also, the construction of an exact
copy of a still extant building on a site removed from the prototype. Some buildings
that may be involved in replication may be found on a historic building register even
though they do not now exist. Only that part of the building that does not exist. (all
or in part) is involved in replication or is a replication of the original. (EXPLANA-
TORY NOTE:All portions of a structure that is either original or a replication may be
involved in the construction process utilizing this code.). )
8-10
Attachment "F"
NARp��
O
5p 9� CITY OF
y � DEPARTMENT OF PLANNING & BUILDING SERVICES
Bernardino DoE 909) 384-5205 DIVISION
Joseph and Therese Mastropaulo LOCATION: 750-752 W. 4th St.
16291 Magellan Lane SAN BERNARDINO, CA
Huntington Beach, CA 92647 ASSESSORS NO: 134-093-23
ORDER NO: 2693
CASE NO: 94-0010
OFFICER: R. Gaston
June 9, 1995
Pursuant to action of the Board of Building Commissioners taken on
June 1 . 1995, a nuisance was found to exist at 750-752 W. 4th St.
Attached hereto, is a copy of the Board of Building Commissioner's
Order, which states the findings of the Board and any action
necessary to abate the public nuisance (s) .
As owner(s) and all vested parties of record you were notified in
your previous Notice of Hearing that the Board's findings may be
appealed to the Mayor and Common Council within fifteen (15) days
of the date of this notice. This appeal must be filed with the
City Clerk' s office, 300 North "D" Street, 2nd Floor, San
Bernardino, CA 92418 . A fee of $75 . 00 must accompany your request.
The written appeal should include:
(a) Property location, parcel number and report/project
number;
(b) Specific grounds for appeal ; and
(c) The relief or action sought from the Mayor and Common
Council .
If you have any questions regarding this appeal process, please
contact the City Clerk's office at 384-5002 .
Inspector
RG• jr
cc: City Clerk
Robert J. Huston, III , Attorney at Law, 4299 MacArthur B1 : ,
X100, Newport Beach, CA 92660
Rita Kent, Fire Dept.
AI Boughey,Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor
300 North'D'Street,San Bernardino,CA 92418
1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS
2 OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 THE ABATEMENT OF A PUBLIC NUISANCE
4
5 ORDER NO. 2693 CASE NO. NST 94-0010
6 WHEREAS, pursuant to the San Bernardino Municipal Code, Title
7 15, Chapter 15. 28, the Building Official has posted a building(s)
8 located at 750-752 W. 4th St. , San Bernardino, California, with a
9 "Notice to Abate Nuisance" and has notified the person(s) having
10 an interest in said property that the said building(s) or premises
11 constitute a public nuisance;
12 WHEREAS, pursuant to San Bernardino Municipal Code, the
13 Building Official has served a "Notice of Hearing Before the Board
14 of Building Commissioners of the City of San Bernardino", relating
15 to abatement proceeding, to the person(s) having an interest in
16 the above property, and has prepared a declaration of mailing of
17 the notice, a copy of which is on file in these proceedings; and;
18 WHEREAS, a hearing was held to receive and consider all
19 relevant evidence, objections or protests on June 1. 1995, and;
20 WHEREAS, there was an appearance by Joseph and Paul
21 Mastropaolo, having an interest in the above property.
22 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING
COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
23
24
25
26
27
28
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2693 CASE NO. NST 94-0010
2 PAGE 2
3 SECTION 1. Based upon the evidence was submitted, it was
4 found and determined that the building(s) and or premises located
5 at 750-752 W. 4th St. , San Bernardino, California constituted a
6 public nuisance.
7 SECTION 2 . The Board of Building Commissioners accepted
8 staff's recommendations. The property owner(s) are hereby
9 directed to comply with the following requirements. That the
10 Board accepts the foregoing conclusions, and finds that the
11 violations cited (except as modified herein) are valid and must be
12 abated by repair or rehabilitation, and hereby denies the appeal;
13 and, that the owner shall submit plans as necessary within ten
14 (10) days, obtain necessary permits within thirty (30) days, and
15 complete the repairs and rehabilitation within sixty (60) days.
16 The property shall meet all applicable codes adopted by the City
17 of San Bernardino.
18 SECTION 3 . Upon the owner(s) of record failure to comply
19 with the order of the Board of Building Commissioners, the Code
20 Compliance Division shall proceed to initiate abatement action by
21 obtaining an Inspection/Abatement warrant to abate violations
22 noted.
23
24
25
26
27
28
1 BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2696 CASE NO. NST 95-0005
2 PAGE 3
3 SECTION 4 . Any person aggrieved by this order, may appeal to
4 the Mayor and Common Council by filing a written statement with
5 the City Clerk. The statement must include the order appeal, the
6 specific grounds of your appeal, and the relief or action sought.
7 This appeal must be received within fifteen (15) days from the
8 date of this notice dated June 9 . 1995.
9
10
11 //
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13
14
15
16
17
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19
20
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BOARD OF BUILDING COMMISSIONERS
ORDER NO. 2693 CASE NO. NST 94-0010
I HEREBY CERTIFY that the foregoing order was duly adopted by
the Board of Building Commissioners of the City of San Bernardino
at a regular meeting thereof, held on the 1st day of June 1995, by
the following vote, to wit:
COMMISSIONERS: AYE NAY ABSTAIN ABSENT
Alfred Enciso
Carol Thrasher
Amado Savala
Larry R. Quiel
"Joe" V. C. Suarez , Jr.
Ruben B. Nunez
Herbert Pollock
Benjamin Gonzales
Leo Cash, Jr.
Clerk, Board of Building Commissioners
The foregoing order is hereby approv t st day of June, 1995.
Chaifinant Boa of ui ding Commissioners
Approved as to form and legal content:
James F. Penman, City Attorn
By:
Attachment "G"
750-752 R 4th Street - Appeal of Notice of Violation
Background:
In response to a complaint from the San Bernardino Police
Department regarding substandard conditions at 750-752 W. 4th
Street, an inspection was made on January 11, 1995.
On January 23 , 1995 a Notice of Violation was issued to the
property owners, Joseph and Therese Mastropaulo, citing numerous
violations of various sections of the San Bernardino Municipal
Code, including but not limited to Section 15. 04 . 020, Uniform
Housing Code Section 1001, Substandard Housing Conditions.
On February 2 , 1995, Mr. Mastropaulo submitted an Appeal in regards
several of the violations cited in the Notice of Violation.
Analysis:
The owner contends that certain violations cited in the Notice are
for conditions that were either in compliance with the SBMC when
the subject property was converted to multifamily use, or were
inspected and permitted. The specific items appealed are as
follows:
A) Page 1, item 4
B) Page 1, item 5
C) Page 3, item 10
D) Page 5, unit 4 , item 1
E) Page 5, unit 4 , item 2
Applicability of Codes - General
1) All of these contested items are violations of the Ur,lform
Housing Code, which is adopted by reference into the San
Bernardino Municipal Code (15. 04 . 020) . UHC Section 103 states
that the provisions of the Uniform Housing Code apply to all
buildings, or portions thereof, used for human habitation.
Existing buildings that meet the requirements of UBC 104 (c)
may have their use continued provided they are not found to be
substandard as defined by the Uniform Housing Code. Where
they are found to be substandard, the sustandard conditions
must be abated by repair or rehabilitation in accordance with
UHC 202 .
2) The building Code requirements in effect at the time of the
conversion of the front house into an apartment are
applicable. The conversion appears to have been accomplished
in a piecemeal fashion between the years 1554 to 1958 as
evidenced by the City's permit records (i.e� permits were
obtained for the installation of heaters and kitcher: vents,
but permits for other alterations to accomplish the conversion
were apparently not obtained) . Therefore, for the purpose of
considering the merits of the appeal, we have assumed that the
1952 Editions of the codes are applicable.
An analysis of each of the violations under appeal follows.
A) Page 1, item 4 : Inadequate exits - i.e. inadequate width and
height.
Analysis: The UHC Section 1001 (1) states that exits found to
be in violation of the code requirements in effect at the time
of their construction are substandard. In reviewing the 1952
UBC we found that the code did not specify an exit door width
where the occupant load is less than ten.
The Uniform Fire Code, Section 12 . 101 states that exits built
in compliance with a previous code may be considered as
complying exits, unless in the opinion of the fire chief, they
constitute a distinct hazard to life. In confering with the
Fire Department, this is not the case.
Conclusion: Based on the foregoing analysis, the exit door
widths from the individual apartments which are less than 36
inches in width and less than standard height are allowable.
The two main exits from the building on the ground floor which
serves an occupant load of 12 must comply with the width
requirement.
B) Page 1, item 5: Inadequate Exits - The headroom clearance on
the stairways is inadequate (i.e. 51-611) .
Analysis: The Uniform Housing Code, Section 1001 (1) specifies
that exit facilities shall be considered substandard if they
were not constructed in accordance with the code requirements
in effect at the time of their construction, or if the
building official finds that an unsafe condition exists.
The 1952 Uniform Building Code, Section 3305 (1) required that
stairways be provided with a headroom clearance of at least
6'-6" .
We have made the determination that the reduced height of 5'-
6" constitutes a hazardous condition for persons of average or
greater height when exiting, especially under emergency
.conditions.
In addition, it is noted that a building permit was not
obtained for the installation of the stairwells or for the
installation and alteration of the interior walls at the time
of the conversion in the 1950's.
Conclusions: The violation as cited is valid and constitutes
a hazardous condition, and must be abated by repair or
rehabilitation in accordance with UHC 202 .
C) Page 3 , item 10: Inadequate Floor Area - The following units
do not have adequate living space: 2, 3, 4, and 6. (SBMC
15.04.020, UHC 503 (b) )
D) Page 5, unit 4 , item 1: Inadequate room dimensions and
ceiling heights in the sleeping room.
Analysis ( C & D) : The requirements contained in UHC 503 (b)
and (c) relating to minimum floor areas, room dimensions,
ceiling heights, and sanitary facilities for dwelling units
are not exempted by compliance with requirements in effect at
the time of construction. These minimum standards apply to
all existing dwelling units regardless of whether they
complied with earlier codes. The intent of the code in this
respect is to provide adequate living space and air volume
within dwelling units in order to promote healthful, sanitary
and livable conditions.
The substandard units identified do not come close to meeting
these minimum requirements.
Conclusion: The violations as cited are valid and constitute
substandard conditions and must be abated by repair or
rehabilitation in accordance with UHC 202 .
E) Page 5, unit 4 , item 2 : Lack of required emergency egress
from the sleeping room. An approved emergency escape window
with minimum net opening dimensions of 20" wide and 24" high,
and a minimum opening area of 5.7 square feet is required.
(UHC 801 and UBC 1204)
Analysis: The requirement for emergency escape and rescue
windows in rooms used for sleeping apply to all existing
dwelling units regardless of whether they complied with
earlier codes. The intent of the code in this regard is to
provide sleeping rooms with an adequately sized opening
directly to . the exterior to allow occupants to escape under
emergency conditions (e.g. fire) , and to provide an adequately
sized opening to facilitate rescue operations by fire
department personnel.
Conclusion: The violation as cited is valid and constitutes
an unsafe and substandard condition, and must be abated by
repair or rehabilitation in accordance with UHC 202.
Staff Recommendation:
A. That the Board accepts the foregoing conclusions, and finds
that the violations cited (except as modified herein) are
valid and must be abated by repair or rehabilitation, and
hereby denies the appeal, and
B. That the owner shall submit plans as necessary within 10 days,
obtain necessary permits within 30 days, and complete the
repairs and rehabilitation within 60 days, or
C. That the Board upholds the appeal, in whole or in part, based
on findings to be established by the Board.
Attachment "H"
N-�N--�Y-MY--�Y-N-Y ------- FOR OFFICE USE ONLY
Departments Receiving Copies: Date/Time Stamp:
City erk LIM CgonM gr� �ECE!VrD--117 �CLEPY
original to; Y 'S5 FEB 7"M Formation:
City
A== 001.000-41304
cITY OF SAN BERNARDINO
NOTICE OF APPEAL
-- IMPORTANT INFORMATION: Pursuant to Council Action, the following fees will be
imposed relative to Mayor and Common Council Action: 1) Appeals - $75.00 for all building,
weed, and vehicle appeals; $110.00 for planning appeals; 2) Continuance Request - $75.00.
All Mayor and Common Council appeals and requests for continuance must be filed in the City
Clerk's Office accompanied by the appropriate fee. Requests for continuance shall be decided
at the discretion of the Mayor and Common Council.
Complete All Information
Appellant Name JOSEPH and THERESE MASTROPAVLO
& Address:
162Q1 Ma,-ellan Lane
Hunts nv'ton R-pPC'n ('A Q�)FC17
Contact Person ROBERT J. HUSTON, TII, Attorney at Law
& Address:
42Q9 MacArthur Boulevard , Suite loo
TTPurjlnrt RannIn ' CA o7ri ,n
Contact Person Phone (71 ti ) 4 7 F-n 2 r,0 (714 ) 644-4333
Number: Day: Evening:
Affected Property 7 9 n West- h t h Street
Address & APN # San Bernarrilno, CA APN #1-�4-093-23
Type of Appeal - Check One
Mayor and Common Council Other Legislative Bodies
Planning Commission Board of Building Commissioners
Building Abatement Police Commission
Weed Abatement X Other/Explain: Planni nz & Fuild i.ng Sery
Vehicle Abatement Other/Explain:
(continue next page)
f
A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION (SSMC 2.64):
1. The specific action !appealed, and date of that action: Notice of Violation
for Substandard Conditions at 75n=752 West 4th Street, issued
by Ron Gaston ' General Building Inspector, Department of
l
Planning and Building Services , on January 23 , 1995 , copy
attached .
I
2. The specific groan s of appeal: The following alleged violations
are for conditions that were either in compliance with SBMC
when the sub,i�ct property was converted to multifamily use, or
were inspected and permitted : Page 1 , item 4 ; Page 1 , item 5 ;
Page 3 , item 10 ; Page 5 , unit 4 , items 1 and 2 .
3, The actions(s) soot from the legislative body: Re t ra c t r 0 t I c e o f
violation insofar as it extends to those matters set forth
In Paragraph 2 .
i
4. Any additional information:
t
Signature of Appellant: I
Date: February 2 , 1999
Attachment "I"
RODNEY JOHN
���tNARp� Fotiw
DEBBIE ALVILLAR
S� 9 C I T Y O F Poka
FAT LEATHERS
o Mayors Onto.
n!
5an Bernardino RDe�� DN
.�OGypED l� ,O• RIT F'KN
VENUS WILLIAMS
VeNda AI ooment
N E I G H B O R H O O D S E R V I C E S T E A M
January 23, 1995
Joseph and Therese Mastropaulo
16291 Magellan Lane
Huntington Beach, CA 92647
RE: Notice of Violation for Substandard Conditions at 750-752 W.
4th Street
Dear Mr. & Mrs. Mastropaulo,
As a result of the inspection of the above referenced property
conducted by city inspectors on January 11, 1995, the enclosed
Notice of Violation is being issued. We apologize for the delay in
issuing this notice, but you will note that the violations cited
are very extensive.
In addition, very careful consideration was taken in determining
which code requirements are applicable. Applicability was
generally determined based on the following criteria:
1. Current Uniform Housing Code and property maintenance
requirements are applicable to all existing housing units.
2 . The building code requirements in effect at the time of the
conversion of the front house into an apartment are
applicable. The conversion appears to have been accomplished
in a piecemeal fashion between the years 1954 to 1958 as
evidenced by the city's building permit records. Therefore,
the 1952 editions of the codes are considered the standard.
3 . Where current codes are less restrictive than the 1952,
editions, the current codes requirements were used.
}
4. Where life safety hazards exist they are cited regardless of
the date of construction.
The Notice of Violation indicates that the violations must be
corrected within 30 days. This should be adequate time to make
most of the corrections. Since plans must be submitted and
approved to reconfigure the floor areas of the second floor units
this will likely take additional time. If the plans are submitted
2 7 7 E . K I N G M A N S T , S A N 8 E R N A R D I N O
C A L I F O R N I A 9 2 4 0 1 . 1 5 5 9 ( 6 0 9 ) 6 6 9 - 1 6 3 4
within 30 days, and a good faith effort is made to correct the
other violation, additional time may be granted to reconfigure the
undersized units.
This notice pertains only to building, housing, and property
maintenance violations. Other violations such as those pertaining
to fire code requirements may be cited under a separate notice.
If you should have any questions regarding the violations or
corrective actions necessary, please contact our office. We look
forward to assisting you in resolving the substandard conditions,
and thereby improving the living conditions of the tenants, as well
as the community at large. Your prompt attention to this matter is
very much appreciated.
Sincerely,
Ron Gaston
General Building Inspector
CC: A.Boughey, Director
F.Rhemrev, Deputy City Attorney
R.John, NST Leader, P.D.
J.Lease, Building Inspection Supervisor
R.Kent, Fire Prevention Officer
File
NOTICE OF VIOLATION
City of San Bernardino
Department of Planning and Building Services
300 N.'D'St.,San Bernardino,California 92418-0001
(909)384-5071 • FAX(909)384-5463
Property Location: 750-752 West 4th Street Date: Jan 23, 1995
Owner. Joseph and Therese Mastropaolo
Address: 16291 Magellan Lane
city: Huntington Beach State: CA Zip code: 92647
You are hereby notified that the following violations of the San Bernardino Municipal Code exist on the above referenced
property:
SRMC 15-04-02n- UHC (a) - Substandard Buildings: The a ar ment buildings and
dwellings on this property are hereby declared to be substandard. Substandard
conditions must be abated by repair.
All violations noted in Attachment A, Pages 1 through 8, are incorporated herein as part of thi
Notice of Violation.
You are hereby ordered to stop work in regards to unpermitted construction in progress
Obtain all necessary permits prior to recommencing work. (SRMC 15.04.020, UAC 202(d))
XX Permits Required (UAC 301a)
❑ Special investigation and fee required (UAC 304 d)
XX Plans Required for the reconfiguration of floor areas in second floor units.
❑ Other
The above listed violations must be corrected within 30 days. Please notify the undersigned inspector when
he corrections have been completed. If you have any questions, please call this Department. Thank you, your
:ooperation is appreciated.
ispector'sName Ron Gaston Signature one(909)384-5498
Legal Notices:
If you object to the determination concerning this notice,you must file a written APPEAL with the City Clerk within 10 days from the date of this
notice.
Failure to correct the listed violations may result in the City placing a NOTICE OFPENDENCY upon this property until such time as the violations
are corrected, or may result in other legal action as appropriate.
Compliance with this notice,before,on, or after the above compliance date does not prevent prosecution by the City Attorney's Office on any
of the above violations of the San Bernardino Municipal Code.
Violations are punishable by a Fine of up to$500 and/or imprisonment in the county jail for a period of up to six(6)months.
Disbibutlon: WHrTE-Mail to owner CANARY-Inspector PINK-File HAADCOPY-Post FRAN-13.04 17-94!
Attachment A Page 1
Notice of violation: 750 W. 4th St.
January 23, 1995
Inspection Date: January 11, 1995
By: Ron Gaston, Joseph Lease
GENERAL
The following violations were observed in common areas, or in
various units as indicated.
1. Faulty weather protection - i.e broken or cracked window
glass. Replace glazing where damaged. (SBMC 15.04 .020, UHC
1001(h) 2) Affected areas: dormer at front, unit 1
2 . Inadequate sanitation - Lack of required ventilation. All
window assemblies which are designed to be openable to meet
the requirement for natural ventilation must operate properly.
Many windows are either painted or nailed in the closed
position. (SBMC 15. 04 . 020, UHC 1001 (b) )
Affected units: 5, 6, 7
3 . Lack of, or inoperable smoke detectors. All rooms used for
sleeping purposes, and all hallways or other rooms which
provide access to sleeping rooms, must be provided with an
operable smoke detector. In some cases smoke detectors are
mounted too low on the walls (refer to manufacturers
instructions) . Also, a smoke detector must be installed on
the ceiling of the second floor in close proximity to the
stairway. (SBMC 15. 04. 020, UBC 1210 and UBC Appendix Chapter
1, Div.I, sec. 115)
Affected units: 2 , 3, 5, 6, 7, 8, 9.
4 . Inadequate Exits - The exit doors provided from each dwelling
unit, as well as exit doors in the corridor, do not meet the
minimum width and height requirements (i.e. minimum 3691 wide
(3211net) B 61-811 high) . At least one complying exit door
must be provided for each unit. All exit doors serving the
corridor must comply. (SBMC 15.04. 020, UHC 1001 (1) and 801,
UBC 3304 (f) )
Affected Units: 1 through 9
5. Inadequate Exits - The headroom clearance on the stairways is
inadequate (i.e. 51-611) . A minimum of 6'811 headroom clearance
is required. (SBMC 15. 04 .020, UHC 801 and 1001 (1) , UBC
3306 (o) )
6. construction/Alterations without required permits or
inspections. (SBMC 15. 04 . 020, UAC 301 (a) ) Unpermitted items
include the following:
A. Fourteen (14) aluminum frame windows in various units.
Attachment A Page 2
Notice of Violation: 750 W. 4th St.
January 23, 1995
B. Electrical wiring installed without required permits or
inspections. This pertains to all units, except unit 1,
which was rewired under permit no. 74285. The wiring
systems in the units have been expanded or partially
rewired. Various receptacles and light fixtures have
been added.
C. Two electrical subpanels replaced on the exterior north
side of the front building.
D. Replacement of kitchen sinks. Affected units: 1, 2, 3, 4,
8, 9
E. Remodel of Unit 2 to include rewiring, removal and
reinstallation of drywall, replacement of windows, etc.
(note: The interior was gutted at the time of the
inspection. )
F. Shower and lavatory in unit 6.
G. The "common use" bathroom on the second -floor to include
the fiberglass bathtub/shower, lavatory and water closet.
H. The fiberglass bathtub/shower in unit 8.
I. The installation of security bars on bedroom windows.
Design approval from the Fire Department is
Required.
J. The water heater in unit 9 (was replaced) .
K. The bathtub/shower, lavatory, and toilet in unit 9.
7. Hazardous or Substandard Electrical Wiring. (SSMC 15.04. 020,
UHC 1001 (e) )
A. Ungrounded grounding-type receptacles. All grounding
type receptaoles must be properly grounded. Replacement
of non-grounding type receptacles is permitted for
existing 2-wire systems only. If grounding-type
receptacles are used they must be grounded or have GFCI
protection. (SBMC 15. 04 .020, NEC 210-7 and 210-7 (d) exc. )
Affected units: 2, 3, 4, 5, 6, 7, 8 .
B. Extension cords are being used in lieu of permanent
wiring, which is prohibited. Remove extension cords and
provide ermanently installed receptacle outlets as
needed. (SBKC 15.04 . 020, NEC 400-8, 9, and UFC 85. 106 (a) )
Affected unites 4 , 5, 8, 9
Attachment A Page 3
Notice of violation: 750 W. 4th St.
January 23, 1995
C. The two electrical subpanels which were replaced on the
north side of the front building are not listed for
installation in wet locations. (SSMC 15. 04 . 020, NEC 300-
6 (a) )
S. Hard surface floor coverings (i.e. tile, linoleum) are damaged
in various locations. Repair as necessary. (SBMC 15.04. 020,
UHC 1001(b) 13)
9. Lack of, or inoperable heating facilities. Furnaces must be
operational and be capable of maintaining a temperature of 70
degrees fahrenheit at a point 3 feet above the floor in all
habitable rooms. (SBMC 15. 04 . 020, UHC 701 (a) )
Affected Units: 1, 2 , 3 , 4 , 5, 6, 7, 9
10. Inadequate Floor Area - The following units do not have
adequate living space: 2, 3, 4, and 6. (SBMC 15. 04 . 020, UHC
503 (b) ) It is therefore substandard and may not be used as a
dwelling unit. Its floor area should be combined with another
unit to create a complying unit. Minimum - floor areas for
dwelling units are:
120 sq. ft. living room + 70 Sq. ft. bedroom + kitchen and
bathroom of adequate size.
The minimum floor areas for an "efficiency dwelling unit"
(bachelor's apartment) are:
220 sq. ft. living room (plus 100 sq. ft. for each occupant in
excess of two) + kitchen facilities + separate bathroom and
closet. Kitchen facilities may be included in the floor area
of the living room.
11. Inadequate Sanitation - Lack of required bathroom facilities
to include toilet, lavatory, and bathtub or shower. Each
dwelling unit or apartment must be provided with a bathroom.
(SSMC 15. 04. 020, UHC 1001 (b) l)
Affected Units: 2 , 3,4
12. Damaged wall coverings. Patch holes in walls. (SBMC
15. 04 . 020, UHC 1001 (b) 13)
13 . vehicle parked on unimproved surface (front lawn) . (SBMC
15.24 .050A.5)
14. The driveway is damaged. (SBMC 15.24 .050A.8)
Attachment A Page 4
Notice of Violation: 750 W. 4th St.
January 23, 1995
15. The blockwall and chain link fencing are damaged. (SBMC
15.24.050A.7)
16. Unmaintained landscaping. Re-seed the lawn. (SBMC
15.24. 050A1)
SPECIFIC VIOLATIONS:
The following listed violations are specific to the units or areas
indicated.
UNIT 1 (vacant)
1. The ceiling in the living room and bedroom is water damaged.
Repair as necessary. (SBMC 15. 04 . 020, UHC 1001(j) )
2 . Faulty Weather Protection - The deck above the rear bedroom in
unit 1 is leaking. An approved deck coating should be,
installed on the deck. (SSMC 15. 04 . 020, UHC 1001 (h) , UBC
1708 (c) )
3. Hazardous Plumbing - open gas line. Unused gas outlets must
be properly capped with a screw joint fitting. (SBMC
15.04. 020, UHC 1001(f) , UPC 1208 (b) and 1209 (c) )
4 . Inadequate Fire Protection - The enclosed space under the
stairs which is used for storage must have 1-hour fire
resistive construction on the interior. Install 5/8" type "X"
drywall on the interior. (SBMC 15. 04 . 020, UHC 901, UBC
3306 (1) ) Also, flammable liquids should not be stored under
the stairway. (SBMC 15. 04. 020, UBC 1213, UHC 1001 (1) and UFC
79. 201(d) )
5. Obstruction of Emergency Escape Window. The security bars on
the emergency escape window in the bedroom are obstructed by
the exterior stairway and do not fully open. (SBMC 15.04.020,
UHC 801, UBC 1204)
6. See general violations.
UNIT 2 (vacant)
1. Hazardous Plumbing - The vent serving the kitchen sink is
improperly terminated in the attic. Plumbing vents must extend
6 inches above the roof. (SBMC 15. 04 . 020, UHC 1001(f) and UPC
506)
2 . Hazardous Plumbing . open gas line. Unused gas outlets must
be properly capped with a screw joint fitting. (SBMC
15. 04 . 020, UHC 1001 (f) , UPC 1208 (b) and 1209 (c) )
Attachment A Page 5
Notice of violation: 750 W. 4th St.
January 23, 1995
3. See general violations.
UNIT 3 (occupied)
See general violations.
UNIT 4 (occupied)
1. Inadequate room dimensions and ceiling height in the sleeping
room. Habitable rooms must have minimum dimensions of 7 feet
and a minimum floor area of 70 sq. ft. , and ceiling heights of
not less than 7'-611 . (SBMC 15. 04 . 020, UHC 503)
2. Lack of required emergency egress from sleeping- room. The
room used for sleeping must have an emergency escape window
which opens directly to the exterior and having minimum
opening dimensions of 20" wide X 24" high and a minimum
openable area of 5.7 sq. ft. (SBMC 15. 04 . 020, UHC 801, and UBC
1204)
3 . See general violations.
UNIT 5 (occupied)
1. Lack of required landing at the exterior door. Provide a
minimum 36" X 36" landing. (SBMC 15. 04 . 020, UHC 801, and UBC
3304 (i) , (j) )
2. Electrical faceplates are missing in various locations within
the unit. All switches and receptacles must be provided with
a faceplate to prevent accidental contact with live electrical
parts. (SBMC 15. 04.020, UHC 1001 (e) , NEC 380-9, 410-3, 410-
56 (d) , (e) )
3. Haaardous aleetrical Wiring:
A. The light switch located in the bedroom has been
installed without the required outlet box.
(SBMC 15. 04 .020, UHC 1001 (e) , and NEC 300-15(a) )
B. Damaged receptacle on the west wall of the bedroom. (SBMC
15. 04.020, UHC 1001 (e) )
C. Damaged ceiling light fixture in the bathroom. (SBMC
15.04.020„ UHC 1001(e) )
I
Attachment A Page 6
Notice of violation: 750 W. 4th St.
January 23, 1995
D. The globe is missing on the light fixture in the closet
under the stairs. The globe is necessary to prevent
combustible material from coming in contact with the
incandescent light bulb. (SBMC 15. 04 . 020, UHC 1001 (e) ,
NEC 410-8 (b) )
4. Hazardous Mechanical Equipment - The free-standing space
heater is not properly vented (the vent is disconnected and
terminates into the fireplace opening) . (SBMC 15. 04 .020, UHC
1001(g) and UMC 901)
5. Inadequate Fire Protection - The enclosed space under the
stairs which is used for storage must_ have 1-hour fire
resistive construction on the interior. Install 5/8" type "XU
drywall on the interior. (SBMC 15. 04 . 020, UHC 901, UBC
3306(1) )
6. Roach infestation. (SBMC 15. 04 . 020, UHC 1001(b) 12)
7. See general violations.
UNIT 6 (occupied)
1. Hazardous Plumbing - The slope on the trap arm is reversed.
Provide a minimum of 1/4" per' foot slope in the direction of
flow. (SBMC 15. 04. 020, UHC 1001(f) , UPC 407)
2. Hazardous Electrical - Damaged light fixture in the kitchen.
Replace the fixture. (SBMC 15. 04 .020, UHC 1001(e) )
3. Substandard Plumbing:
A. An unlisted metal shower has been installed and is
unsanitary. Replace with an approved fixture. (SBMC
15. 04 . 020, UHC 1001 (f) , UPC 901)
B. Improper repair of trap arm/drain connection at lavatory
(the connection is made with some type of putty
material) . (SBMC 15. 04 . 020, UHC 1001(f) , UPC 801 and
804 (f) )
4. See general violations.
UNIT 7 (occupied)
1. Hazardous Electrical Wiring - Exposed and improperly installed
romex wiring 444 ]pox at light switch in the bathroom. The
plastic box is listed for flush mount only, and is surface
mounted. The exterior sheath has been removed from the
Attachment A Page 7
Notice of Violation: 750 W. 4th St.
January 23, 1995
conductors prior to the point of entry of the cable into the
box, thus exposing the conductors. Romex wiring may not be
exposed where subject to physical damage unless protected by
conduit, and the exterior sheath should extend intact into the
box at least 1/411 . (SBMC 15. 04 . 020, UHC 1001(e) , NEC 110-
3 (b) , 336-10 (b) , and 370-7 (c) )
2. Hazardous Mechanical Equipment - The single-wall vent
connector on the furnace must have at least 611 clearance from
combustible materials. (SBMC 15. 04 . 020, UHC 1001(g) , UMC
915(c) 2.B)
3 . See general violations.
Common Use Bathroom
1. Hazardous Plumbing:
A. The bathtub/shower is not trapped and vented and is not
properly installed. (SBMC 15. 04 . 020, UHC 1001(f) , UPC
701 and 501)
B. The lavatory trap assembly was not accessible, as
required for inspection and repair. (SSMC 15. 04.020, UHC
1001 (f) and UPC 904 (b) )
2. See general violations.
UNIT 8 (rear building - occupied)
1. Hazardous Plumbing - The water heater is installed in the
bathroom, which is a life safety hazard, and therefore is
prohibited. (SBMC 15. 04.020, UHC 1001 (f) , 701(c) , UPC 10.4 (b)
and 1309)
2. The release mechanism for the security bars on the bedroom
window is inoperable. (SBMC 15. 04 . 020, UHC 801, UBC 1204) )
3 . See general violations.
UNIT 9 (rear building - occupied)
1. Hazardous Electrical Wiring:
A. Exposed and improperly installed romex wiring and box at
receptacle in the kitchen. Romex wiring may not be
exposed where subject to physical damage unless protected
by conduit. (SBMC 25.04 .020, UHC 1001 (e) , and NEC 336-
10(b) )
Attachment A Page 8
Notice of Violation: 750 W. 4th St.
January 23, 1995
B. Splice in electrical cord serving the portable air
conditioner in the bedroom. (SBMC 15. 04 . 020, UHC
1001 (e) , UFC 85. 106)
2. Hazardous Plumbing - The water heater is installed in the
bathroom, which is a life safety hazard, and therefore is
prohibited. Also, required seismic straps and combustion air
vents are not provided. (SBMC 15.04. 020, UHC 1001(f) , 701(c) ,
UPC 10.4 (b) , 1309, 1310 (e) , and 1307 (a) )
Referenced Codes
SBMC San Bernardino Municipal Code
UAC Uniform Administrative Code
UBC Uniform Building Code
UMC Uniform Mechanical Code
UPC Uniform Plumbing Code
NEC National Electrical Code
UHC Uniform Housing Code
UFC Uniform Fire Code
Affidavit
KNOW ALL MEN BY THESE PRESENTS WHEREAS THE ETERNAL AND
UNCHANGING PRINCIPLES OF THE LAWS OF COMMERCE ARE:
1. A matter must be expressed to be resolved.
2. In commerce, TRUTH is sovereign.
3. TRUTH is expressed in the form of an AFFIDAVIT.
4. An unrebutted AFFIDAVIT stands as TRUTH in commerce.
5. An unrebutted AFFIDAVIT becomes the judgement in commerce.
6. An AFFIDAVIT of TRUTH, under commercial law, can only be satisfied:
(i) through a rebuttal AFFIDAVIT of TRUTH, point for point,
(ii) by payment,
(iii) by agreement,
(iv) by resolution by a jury by the rules of Common Law.
7. All are equal under the law.
The foundation of Commercial Law is based upon certain eternally just,
valid, and moral precepts and truth, which have remained unchanged for at
least six thousand (6,000) years, having its roots in Mosaic Law. Said Commercial
law forms the underpinnings of Western Civilization, if not all Nations, Law,
and Commerce in this world. Commercial Law is non-judicial and is prior and
superior to, the basis of, and cannot be set aside or overruled by the statutes of
any governments, Legislatures, Governmental or Quasi-Governmental
Agencies, Courts, Judges, and law enforcement agencies, all of which are under
an inherent obligation to uphold said Commercial Law.
KNOW ALL MEN THAT I CERTIFY IN THIS AFFIDAVIT OF TRUTH THAT
THE FOLLOWING FACTS ARE TRUE, CORRECT AND COMPLETE.
I, Joseph A. Mastropaolo, Sui uris, the undersigned, a Citizen of the California
Republic, domiciled in Orange County c/o 16291 Magellan Lane, Huntington
Beach, California, do solemnly swear, affirm, declare, attest and depose:
1. That I am of lawful age and am competent to make this Affidavit.
2. That I have personal knowledge of the facts as stated herein.
3. That I am not under lawful guardianship or disability of another. This sworn
affidavit is made as a matter of record of my own right, sui 'u� ris, in my own
proper status, rp opria erp sona.
4. I have rights which are inalienable and were endowed by my Creator and
secured by the Constitution. I do not waive any of my rights at any time.
5. My properties at 750-752 West Fourth Street, San Bernardino, California, were
constructed legally in the year 1907 (± 5 years). [Please see the first Exhibit page
labeled 5: City of San Bernardino Historical Resources Reconnaissance Survey
(1991), Tabular List, Parcel No. 0134-093-23, 750,752 W 4th St, Foursquare, C1907,
Wood, 125-291.
6. My properties at 750-752 West Fourth Street, San Bernardino, California, are
defined in the California Code of Regulations (C.C.R.), Title 24, Part 2,
§ 203.8, as "existing buildings." Please see the second Exhibit page labeled 6: this
Joseph A. Mastropaolo Affidavit 21 October 1996 2
is a photocopy of State Law.
7. My properties at 750-752 West Fourth Street, San Bernardino, California, have
been legally existing buildings occupied and used as apartments from 1924 to the
present (Please see the next two Exhibit pages labeled 7a: "San Bernardino City
Directory 1924," and 7b: "Knapp Apartments 750-752 4th").
8. My properties at 750-752 West Fourth Street, San Bernardino, California, were
found not dangerous to life by the fire chief (Please see Exhibit 8: City Building
Inspector's Analysis of the Appeal of 1 June 1995, pg. 2, § 2 A, yj 2: The fire chief
found no danger to life).
9. My properties at 750-752 West Fourth Street, San Bernardino, California, were
cited in the Notice of Violation of 23 January 1995 according to regulations or
statutes passed from approximately 1952 to 1991 (please see Notice of Violation of
23 January 1995 and City Building Inspector's Analysis of the Appeal of 1 June
1995, pg. 1, Exhibit 9).
10. My properties at 750-752 West Fourth Street, San Bernardino, California, were
not cited in the Notice of Violation of 23 January 1995 according to regulations or
statutes passed in or prior to 1924, as is required by the California Building
Standards Code (please see Exhibit 10, a photocopy of State Law, C.C.R., Title 24,
Part 2, § 3402, "All devices or safeguards which are required by this code shall be
maintained in conformance with the code edition under which installed." and
compare to Exhibit 9: codes from approximately 1952 to 1991 were used).
11. My appeal to the City's Board of Building Commissioners of 1 June 1995 was
not denied based on regulations or statutes passed in or prior to 1924, as is
required by the California Building Standards Code (please compare Exhibits 7, 9
and 10).
12. The Notice of Violation of 23 January 1995 and the denial of the appeal to the
City's Board of Building Commissioners of 1 June 1995 are void because they are
not based on regulations or statutes passed in or prior to 1924, which is required
by the California Building Standards Code (please review Exhibit 10, a photocopy
of the State Law).
13. If the City has no 1924 or prior Editions of the codes, then my legally existing
properties are permitted to remain in existence, use and occupancy (please see
Exhibit 13, a photocopy of State Law, C.C.R., Title 24, Part 2, § 3401, "Buildings in
existence at the time of the adoption of this code may have their existing use or
occupancy continued, if such use or occupancy was legal at the time of the
adoption of this code, provided such continued use is not dangerous to life." and
C.C.R., Title 24, Part 2, § 3402, "All devices or safeguards which are required by
this code shall be maintained in conformance with the code edition under which
installed.")
14. State Law permits efficiency apartments of 150 square feet (please see Exhibit
14, a photocopy of State Law, Health and Safety Code 17958.1, Efficiency units).
15. There are no applicable housing codes of 1924 or earlier which prohibit the
headroom clearance of the stairways in my building at 750 West 4th Street. My
evidence is that the building legally was converted to apartments in 1924 and
remained free of alleged building code violation until 23 January 1995. The fire
chief also found headroom clearance of the stairways safe and there has never
been a recorded case of accident in the 89 years since the building was erected.
Joseph A. Mastropaolo Affidavit 21 October 1996 3
16. If the City of San Bernardino Department of Planning & Building Services
wishes to be more strict than State Laws, then the additional requirements must
be based on climate, geology or topography imperatives, which must be
registered with the State Department of Housing and there are none so registered
as of 18 October 1996 (please see Exhibit 16, a photocopy of State Law).
17. My properties are in the historical district called, "Historic San Bernardino
Overlay Zone," and therefore are historic properties (please see Exhibit 17, the
City of San Bernardino Dept. of Planning & Building Services Historic Resources
Reconnaissance Survey Report, Volume 1, April 30, 1991).
18. My properties are inventoried on the City of San Bernardino Historic
Resources Reconnaissance Survey (1991), Tabular List, and therefore are historic
properties (please see Exhibit 5).
19. The historical architecture of my property, Foursquare, is photographically
depicted in the City of San Bernardino Dept. of Planning & Building Services
Historic Resources Reconnaissance Survey Report, Volume 3-A, Page 24, April
30, 1991, thereby proving the historicity of the property (please see Exhibit 19).
20. The property is photographically inventoried on historical photo sheet 125-29
thereby proving the historicity of the property (please see Exhibit 20).
21. State Law says that city inventories and historic districts qualify buildings as
historic (please see Exhibit 21, which is a photocopy of State Law).
22. The City of San Bernardino Dept. of Planning & Building Services Historic
Resources Reconnaissance Survey Report, Volume 1, April 30, 1991, is used to
screen properties 50 years old or older to prevent demolition (see Exhibit 22,
which is a photocopy of SBMC 15.37).
23. Exhibit 23 is a photocopy of the State Law, Public Resources Code 5029 (e),
which defines an historic building by any local historical designation resulting in
restrictions on demolitions. This State Law also specifies my properties as
historical properties.
24. The preponderance of evidence specifies my properties as historical properties
permitted special protections by the California Historical Building Code, which
special protections have been repeatedly, fraudulently and maliciously denied
me in violation of my Civil Rights (42 U.S. § 1983) by the City of San Bernardino,
the building inspectors, the attorneys, the Board of Building Commissioners and
other City officials (please see Exhibit 24).
25. My properties at 750-752 West Fourth Street, San Bernardino, California, are
hereby declared what they in fact are: historical properties.
26. The preponderance of evidence specifies my properties as free of the alleged
violations in the Notice of Violation of 23 January 1995 and the Board of
Building Commissioners Order No. 2693, which Notice and Order have been
repeatedly, fraudulently and maliciously applied in violation of my Civil Rights
(42 U.S. § 1983) by the City of San Bernardino, the building inspectors, the
attorneys, the Board of Building Commissioners and other City officials.
27. The Notice of Violation of 23 January 1995 and the Board of Building
Commissioners Order No. 2693 are hereby declared null and void because they
are based on malice, perjury and fraudulent misrepresentation which vitiate all
they touch ["Fraud vitiates ("to make void or voidable," Black's Law Dictionary)
the most solemn contracts, documents and even judgments. "U.S. v.
Joseph A. Mastropaolo Affidavit 21 October 1996 4
Throckmorton 98 U.S. 61, 25 L. Ed. 93 (1878); also, "Fraud destroys the validity of
everything into which it enters." Nudd v Burrows 91 U.S. 426, 23 L. Ed. 286
(1875); also "Fraud vitiates everything." [Boyce v. Grundy 7 L. Ed. 655 (1833)].
You are formally requested to respond to this Affidavit within 10 days to:
Joseph A. Mastropaolo
16291 Magellan Lane
Huntington Beach, CA 92647-3524.
If you do not feel this is a reasonable period of time, please request an extension
in writing. Failure to respond will mean that you have acquiesced to this
AFFIDAVIT and Supporting Documentation in its entirety and from this date
forward the doctrine of "estoppel by acquiescence" will prevail.
Any statements or claims in this AFFIDAVIT, properly rebutted by facts of law,
or overriding Article III supreme Court rulings, such shall not prejudice the
lawful validity of other claims not properly rebutted or invalidated by facts of
law.
I declare under penalty of perjury under the laws of the State of California that
the foregoing, to the best of my knowledge, is true and correct.
� f
Executed at Huntington Beach, California on Z�zze,
Date
d
l
ignature
Subscribed and sworn to me this day of 6(,C - 1996
,. MARY E.PEREZ
• COMM.#1044931
Notary PubRe—CoOforN7
' ORANGE COUNTY
Vry come Eores DEC 9.1998
�J O� �Cf✓1 $C'r hU v �.!�'l,0 � S�G` r<< q( �S G GC Y_�,NS
l abu
PARCEL NO. NUMB i BTREB3 ARCHITECTURAL STYLE DATE MATERIAL RBCORD NO.
0134-093-23 750,752 W 4TH ST FOURSQUARE C1907 WOOD 125-29
0134-093-24 772 W 4TH ST NEOCLASSIC COTTAGE C1908 WOOD 125-30
0134-093-29 449 N *'H" ST CALIFORNIA BUNGALOW C1915 WOOD 101-20
0134-093-38 * ADELPHI BUSINESS SCHOOL, 798 MEDITERRANEAN C1920 STUCCO 125-31
W 4TH 8T
0134-093-41 795 W 5TH ST COMMERCIAL STYLE C1920 CONCRETE 116-25
0134-093-42 447 N "H" ST NEOCLASSIC CCTIAQE C1910 WOOD 101-21
0134-111-43 1432 W 4TH ST CALIFORNIA BUNGALOW C1930 WOOD 139-24
0134-111-43 1438 W 4TH ST WARTIME TRACT C1940 STUCCO 139-25
0134-121-02 • 575 W 5TH ST MEDITERRANEAN/CCMERCIAL C1925 STUCCO 116-24
STYLE
0134-121-12 452 N "E" ST COMMERCIAL STYLE/ALTERED C1920 CONCRETE 125-17
0134-131-10 * CALIFORNIA THEATER, 562 W SPANISH ECLECTIC 1928 STUCCO 125-28
4TH ST (CPHI-103)
0134-131-17 1011 W 6TH ST NEOCLASSIC COTTAGE/ALTERED C1910 WOOD 21-30
0134-131-18 1007 W 6TH ST CALIFORNIA BUNGALOW C1920 WOOD 21-29
0134-141-02 987 W 6TH ST CALIFORNIA BUNGALOW C1910 WOOD 21-28
0134-141-03 981 W 6TH ST CALIFORNIA BUNGALOW C1910 WOOD 21-27
0134-141-04 975 W 670 ST CALIFORNIA BUNGALOW C1918 WOOD 21-26
0134-141-05 969 W 6TH ST NEOCLASSIC COITAGE/ALTEM C1910 WOOD 21-25
0134-141-06 965 W 6TH ST CALIFORNIA BUNGALOW 1934 WOOD 21-24
0134-141-07 * PLATT BUILDING, 491 W 5TH ST SPANISH ECLECTIC/COMMERCIAL C1925 STUCCO 125-18
STYLE
0134-141-13 923 W 6TH ST CALIFORNIA BUNGALOW 1914 WOOD 21-22
0134-141-14 915 W 6TH BT CALIFORNIA BUNGALOW C1919 MOOD 21-21
0134-141-27 * 441 W 5TH ST MODBRNE/OOIM ERCIAL STYLE C1932 STUCCO 116-23
0134-151-17 * RITZ TBEATXR, 423 N "E" BT MODEM C1930 STUCCO 125-15
0134-231-23 * ANDRESON BUILDING, 320 N "E" CLASSICAL REVIVAL/COM=IAL C1927 BRICK 125-8
ST (CPHI-90) BTYLE
0134-241-01 379,381 N "8" ST COMMERCIAL STYLE/ALTE RED C1927 BRICK 125-11
0134-241-01 385 N "E" ST aMMIAL STYLE/ALTSM C1927 CONCRETE 125-12
0134-241-02 395 N "E" ST COMMERCIAL BTYLZ/ALTERED C1920 CONCRETE 125-13
0134-241-04 479 W 4TH ST COMMERCIAL. WITWALTSRED C1925 CONCRETE 125-27
0134-241-05 475 W 4TH ST COMMERCIAL BTYLE/AIAZtID C1925 CONCRETE 125-26
0134-241-06 465 W 4TH ST MISSION REVIVAL/OONKEiCIAL C1925 CONCRETE 125-24
STYLE/ALTERED
5
1994 UNIFORM BUILDING CODE 203.4-204.3
40 203.4 lFor SFMMJ BEDRIDDEN PERSON means a person confined to a bed, requiring assis- n
Lance in turning or unable to independently transfer to and from bed,and unable to leave a building c
unassisted under emergency conditions.
203.5 BOILER, HIGH-PRESSURE, is a boiler furnishing steam at pressures in excess of
15 pounds per square inch (psi) (103.3 kPa) or hot water at temperatures in excess of 250°F.
021'C.),or at pressures in excess of 160 psi (1002.4 kPa).
to 203.6 BOILER ROOM is any room containing a steam or hot-water boiler.
203.7 BUILDING is any structure(for HCD I & 2, DSAIAC, SFMJ as to which state agencies c
have regulatory power, used or intended for supporting or sheltering any use or occupancy,[for
HCD 1 & 2, DSAIAC, SFM]housing or enclosure of persons, animals, chattels, equipment or prop- A
erty of any kind,and also includes structures wherein things may be grown, made,produced, kept, C
handled, stored or disposed of, and all appendages,accessories,apparatus,appliances and equip-
ment installed as a part thereof. A
"Building"shall not include machinery, equipment or appliances installed for manufacture or C
process purposes only, nor shall it include any construction installations which are not a part of a
building,any tunnel, mine shaft, highway or bridge, or include any house trailer or vehicle which A
conforms to the Vehicle Code.
203.8 BUILDING,EXISTING,is a building erected prior to the adoption of this code,or one for
which a legal building permit has been issued.
203.9 BUILDING OFFICIAL is the officer or other designated authority charged with the ad-
ministration and enforcement of this code,or the building official's duly authorized representative
/for HCD I & 2, DSAIAC, SFMJ in accordance with state law, Health and Safety Code Section c
13146, in occupancies regulated by the state fire marshal.
203.10 BULK HANDLING is the transferring of flammable or combustible liquids from tanks or I
drums into smaller containers for distribution.
SECTION 204—C
204.1 [For SFMJ CARE AND SUPERVISION means any one or more of the following activities c
provided by a person or facility to meet the needs of the clients: A
Assistance in dressing, grooming, bathing and other personal hygiene.
Assistance with taking medication.
Central storing and/or distribution of medications.
Arrangement of and assistance with medical and dental care.
Maintenance of house rules for the protection of clients. A
Supervision of client schedules and activities.
Maintenance and/or supervision of client cash resources or property.
Monitoring food intake or special diets.
Providing basic services required by applicable law and regulation to be provided by the licensee
in order to obtain and maintain a community-care facility license.
204.2 CAST STONE is a precast building stone manufactured from portland cement concrete and
used as a trim,veneer or facing on or in buildings or structures.
204.3 [For HCD I&2,DSAIAC,SFM,DSAISS] C.C.R. means the California Code of Regula- c
tions.
APRIL 30,1996 1-15
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An analysis of each of the violations under appeal follows.
A) Page 1, item 4 : Inadequate exits - i.e. inadequate width and
height.
Analysis: The UHC Section 1001 (1) states that exits found to
be in violation of the code requirements in effect at the time
of their construction are substandard. In reviewing the 1952
UBC we found that the code did not specify an exit door width
where the occupant load is less than ten.
The Uniform Fire Code, Section 12 . 101 states that exits built
in compliance with a previous code may be considered as
complying exits, unless in the opinion of the fire chief, they
constitute a distinct hazard to life. In confering with the
Fire Department, this is not the case.
Conclusion: Based on the foregoing analysis, the exit door
widths from the individual apartments which are less than 36
inches in width and less than standard height are allowable.
The two main exits from the building on the ground floor which
serves an occupant load of 12 must comply with the width
requirement.
B) Page 1, item 5: Inadequate Exits - The headroom clearance on
the stairways is inadequate (i.e. 5'-611) .
Analysis: The Uniform Housing Code, Section 1001 (1) specifies
that exit facilities shall be considered substandard if they
were not constructed in accordance with the code requirements
in effect at the time of their construction, or if the
building official finds that an unsafe condition exists.
The 1952 Uniform Building Code, Section 3305 (1) required that
} stairways be provided with a headroom clearance of at least
6,-61, .
We have made the determination that the reduced height of 51-
6" constitutes a hazardous condition for persons of average or
greater height when exiting, especially under emergency
conditions.
In addition, it is noted that a building permit was not
obtained for the installation of the stairwells or for the
installation and alteration of the interior walls at the time
of the conversion in the 1950's.
Conclusions: The violation as cited is valid and constitutes
a hazardous condition, and must be abated by repair or
rehabilitation in accordance with UHC 202 .
750-752 W. 4th Street - Appeal of Notice of Violation
Background:
In response to a complaint from the San Bernardino Police
Department regarding substandard conditions at 750-752 W. 4th
Street, an inspection was made on January 11, 1995.
On January 23 , 1995 a Notice of Violation was issued to the
property owners, Joseph and Therese Mastropaulo, citing numerous
violations of various sections of the San Bernardino Municipal
Code, including but not limited to Section 15 . 04 . 020, Uniform
Housing Code Section 1001, Substandard Housing Conditions.
On February 2 , 1995, Mr. Mastropaulo submitted an Appeal in regards
several of the violations cited in the Notice of Violation.
Analysis:
The owner contends that certain violations cited in the Notice are
for conditions that were either in compliance with the SBMC when
the subject property was converted to multifamily use, or were
inspected and permitted. The specific items appealed are as
follows:
A) Page 1, item 4
B) Page 1, item 5
C) Page 3, item 10
D) Page 5, unit 4, item 1
E) Page 5, unit 4 , item 2
Applicability of Codes - General
1) All of these contested items are violations of the Uniform
Housing Code, which is adopted by reference into the San
Bernardino Municipal Code (15. 04 . 020) . UHC Section 103 states
that the provisions of the Uniform Housing Code apply to all
buildings, or portions thereof, used for human habitation.
Existing buildings that meet the requirements of UBC 104 (c)
may have their use continued provided they are not found to be
substandard as defined by the Uniform Housing Code. Where
they are found to be substandard, the sustandard conditions
must be abated by repair or rehabilitation in accordance with
UHC 202 .
2) The building Code requirements in effect at the time of the
conversion of the front house into an apartment are
applicable. The conversion appears to have been accomplished
in a piecemeal fashion between the years 1954 to 1958 as
evidenced by the City's permit records (i . e. permits were
obtained for the installation of heaters and kitchen vents,
but permits for other alterations to accomplish the conversion
were apparently not obtained) . Therefore, for the purpose of
considering the merits of the appeal, we have assumed that the
1952 Editions of the codes are applicable.
1994 UNIFORM BUILDING CODE 34U1-33.2
Chapter 34 41)
EXISTING STRUCTURES
SECTION 3401 —GENERAL
IiuiHittL,, in exi,lrnir at the time of the adoption of this code may have their existing use or occu-
pancy continued, if such use or occupancy was legal at the time of the adoption of this code,pro-
vided such continued use is not daqj�erous to life.
Any change in the use or occupancy of any existing building or structure shall comply with the
provisions of Sections 109 and 3405 of this code.
For existing buildings, see Appendix Chapter 34. See also Section 101.3.
I-or a comprehensive code and guidelines on the treatment of existing buildings, see Uniform
Code for Building Conservation.
SECTION 3402—MAINTENANCE
All buildings and structures,both existing and new,and all parts thereof,shall he maintained in a
,aft and sanitary condition. All devices or safeguards which are required by this code_shall be main-
tained in conformance with the code edition under which inslalkd. Chc owner or the owner's desig-
Baled agent shall he responsible for the maintenance of buildings and structures. To determine
compliance with this subsection, the building official may cause a structure to be reuispectcd.
SECTION 3403—ADDITIONS, ALTERATIONS OR REPAIRS
3103.1 General. Buildings and structures to which additions,alterations or repairs are made shall
comply with all the requirements of this code I'or new facilities except as specifically provided in
this section. Sec Section 310.9 for provisions requiring installation of'smoke detectors in existing
Group R, Division 3 Occupancies.
3103.2 When Allowed. Additions,alterations or repairs may be made to any building or structure
without requiring the existing building or structure to comply with all the requirements of this code,
provided the addition,alteration or repair conforms to that required for a new building ur structure.
Additions or alterations shall not be made to an existing building or structure which will cause the
cxisling building or structure to be in violation of any of the provisions of this code nor shall such
additions or alterations cause the existing building or structure to become unsafe. An unsafe condi-
tion ,hall be deemed to have been created if an addition or alteration will cause the existing building
or structure to beconte structurally unsafe or overloaded;will not provide adequate egress in com-
pliance with the provisions of this code or will obstruct existing exits;will create a fire hazard; will
reduce required lire resistance or will otherwise create conditions dangerous to human life. Any
building so altered,which involves a change in use or occupancy,shall not exceed the height,num-
her of stones and area permitted for new buildings.Any building plus new additions shall not ex-
ceed the height,number of stories and area specified for new buildings.
Additions or alterations shall not be made to an existing building or structure when such existing
huilding or structure is not in full compliance with the provisions of this code except when such
addition or alteration will result in the existing building or structure being no more hazardous based
on life safety, firesafety and sanitation, than before such additions or alterations are undertaken.
(see also Section 307.1 1.3 for Group H, Division 6 Occupancies.)
EXCEPTION:Alterations of existing structural elements,or additions of new structural 01LnienL,,which
tie not required by Section 3401 and which are initialed for the purpose of increasing the lateral-fora-resishng
strength or stillness of an existing structure need not be designed for lorccs conforming to these regulations
provided that an engineering analysis is submitted to show that:
1-385
APRIL 30.1996
1994 UNIFORM BUILDING CODE 3401-3403.2
Chapter 34
EXISTING STRUCTURES
SECTION 3401 —GENERAL
tiuildink,, in existence at the time of the adoption of this code may have their existing use or occu-
pancy continued, if such use or occupancy was legal at the time of the adoption of this code,pro-
vided such continued use is not daerous to life.
Any change in the use or occupancy of any existing building or structure shall comply with the
provisions of Sections 109 and 3405 of this code.
For existing buildings,see Appendix Chapter 34. See also Section 101.3.
For a comprehensive code and guidelines on the treatment of existing buildings, see Unijorm
,o Code for Building Conservation.
+� SECTION 3402—MAINTENANCE
All buildings and structures,both existing and new,and all parts thereof,shall be maintained in a
sack and sanitary condition. All devices or safeguards which are re uired by this code shall be main
iaincd in conformance with the code edition under which installed11'he owner or the owner's desrg
n:ded agent shall he responsible for the maintenance of buildings and structures. To detennine
compliance with this subsection, the building official may cause a structure to be reinspected.
SECTION 3403—ADDITIONS, ALTERATIONS OR REPAIRS
3403.1 General. Buildings and structures to which additions,alterations or repairs are made shall
comply with all the requirements of this code for new facilities except as specifically provided in
this section. See Section 310.9 for provisions requiring installation of smoke detectors in existing
Group R, Division 3 Occupancies.
3403.2 When Allowed. Additions,alterations or repairs may he made to any building or structure
without leyutnng the existnZ building or structure to comply with all the requirements ol'this code,
provided the addition,alteration or repair conforms to that required for a new building or structure.
Additions or alterations shall not be made to an existing building or structure which will cause the
existing building or structure to be in violation of any of the provisions of this code nor shall such
additions or alterations cause the existing building or structure to hcconlc unsafe. An unsafe condi-
tion shall be deemed to have been created if an addition or alteration will cause the existing building
or structure to become structurally unsafe or overloaded;will not provide adequate egress in com-
pliance with the provisions of this code or will obstruct existing exits; will create a lire hazard;will
reduce required lire resistance or will otherwise create conditions dangerous to human life. Any
building so altered,which involves a change in use or occupancy,shall not exceed the height,nunm-
her of stories and area permitted for new buildings. Any building plus new additions shall not ex-
AW ceed the height, number of stories and area specified for new buildings.
Additions or alterations shall not be made to an existing building or structure when such existing
building or structure is not in full compliance with the provisions of this code except when such
addition or alteration will result in the existing building or structure being no more hazardous based
on life safety, firesafety and sanitation, than before such additions or alterations are undertaken.
(See also Section 307.1 1.3 for Group H, Division 6 Occupancies.)
i.,xo: 710N:Alterations of existing structural elements,or additions or new structural elements,which
are not required by Section 3401 and which are initiated for the purpose of increasing the lateral-torce-resisting
strength or stillness of an existing structure need not be designed for forces confirming to these regulations
provided that an engineering analysis is submitted to show that:
1-385
APRIL 30.1996
i%
AND SAFETY CODE HEALTH AND SAFETY CODE § 1795$,5 f
�i
any manufactured home, § 7; Stats.1974,c.545,p.128,9,§ 69; Stats.1979,c. 1152,
of construction not specifi- p.4270,§ 78.
pry d • ' ' that this "
Cross References
Iternate if it finds that the
Lion, device, arrangement, Efficiency units permitted notwithstanding this section,
L of that prescribed in the see Health and Safety Code§ 17958.1. 1
and for the protection of
Library References
al,any material, appliance, California Practice Guide: Landlord-Tenant,Friedman, chapter paragraph number references to paragraphs f ,
it the proposed alternate is Garcia& Hagarty,see Guide's Table of Statutes for discussing this section.
)ublished in the California
uant to • ' `this part and § 17958.1. Efficiency units
city or county may require
ier's agent by an approved Notwithstanding Sections 17922, 17958, and 17958.5, a city or county may, by ordinance, permit :: y
efficiency units for occupancy by no more than two persons which have a minimum floor area of 150_
s uare feet and which may also have kitchen or bathroom facilities as specified b the ordinance:
.1, § '1, eff. Sept. 21, 1993) tL—".__' Y P�� pe y ,
In all other respects, these efficiency units shall conform to minimum standards for those occupancies 3 .
otherwise made applicable pursuant to this part.
"Efficiency unit,"as used in this section,has the same meaning specified in Section 1208 of the Uniform
Building Code of the International Conference of Building Officials, as incorporated by reference in
Cha tt r 2-12 of Part 2 of Title 24 of the California Administrative Code.
(Added by Stats.1987, c. 208, § 1.)
Library References 5
evidence regarding the rela- California Practice Guide: Landlord-Tenant,Friedman, Words and Phrases(Perm.Ed.).
nd the services rendered,such Garcia& Hagarty,see Guide's Table of Statutes for
chapter paragraph number references to paragraphs
ent they exceed the reasonable
discussing this section.
services rendered unless the dusa
pproved by the electorate. 76
§ 17958.5. Local variances; annual report
es building permit and aimihir
form Building Code Valuation (a) Except as provided in Section 17922.6, in adopting the ordinances or regulations pursuant to
- evidence regarding the rela- Section 17958,a city or county may make such changes or modifications in the requirements contained in {{
uid t, arvices rendered,such the provisions published in the California Building Standards Code and the other regulations adopted 1
.•nt xceed the reasonable pursuant to Section 17921 as it determines, pursuant to the provisions of Section 17958.7,are reasonably §
ices i_ .ered. 76 Op.Atty.Gen. necessary because of local climatic, geological, or topographical conditions.
For purposes of this subdivision,a city and county may make' ' 'reasonably necessary modifications .,
s in Section 179'l2 b to the requirements, adopted pursuant to Section 17921, contained in the provisions of the code and
us regulations on the basis of local conditions.
(b) On or before October 1, 1991, and each October 1 thereafter, the department, in conjunction with " r
may make changes in the the office of the State Fire Marshal,shall transmit a report to the State Building Standards Commission
ling Standards Code or the on the modifications and changes made by cities and counties to the building standards published in the
,Id, or repeal ordinances or California Building Standards Code ' ' • and on the more stringent requirements adopted by a city,
�,isious adopted pursuant to county,or city and county pursuant to Section 13143.5,or adopted by a fire protection district and ratified
other regulations adopted pursuant to Section 13869.7, to the building standards relating to fire and panic safety adopted by the
cents upon express findings State Fire Marshal and contained in the California Building Standards Cale. The report shall be for j
tot amend, add, or repeal informational purposes only and shall include a summary by the department and the office of the reasons
or modifications in those cited as the necessity for the modifications, changes • ` ` , and more stringent fire and panic safety
iding Standards Code or the requirements. The report required pursuant to this section shall apply to modifications, changest and
itle to it and shall become more stringent fire and panic safety requirements adopted or ratified on or after January 1, 1991.
itions, and deletions to the
in 17958.7,together with all 1
effective 180 days after (Amended by Stats.1984, c. 908, § 4; Stats.1985, c. 282, § 1; Stats.1990, c. 1083 (S.B.1830), § 7;
ulards Commission. Stats.1990, c. 1111 (A.B2.666), § 7.)
Historical and Statutory Notes
1990 Legislation Operative effect of Stats.1990,c.1083,and Stats.1990,c.
Effect of amendment of section by two or more acts at 1111,see Historical and Statutory Notes under§ 131432
17958, added by Stats.1970, the same session of the legislature,see Government Code
I by Stats.1972,c.4224,p.2364, § 9605.
asterisks * * * Additions or changes Indicated by undertine; deletions-by asterisks*.
137
,:r
§ 17958.5 HEALTH AND SAFETY CODE HEALTI
Croce References
Californi
Efficiency units permitted notwithstanding this section, Garcia
see Health and Safety Code§ 17968.1.
$ 17958.9
Law Review Commentaries
Review of selected 1990 California legislation. 22 Pac. Local ,
L.J.691(1991). July 1, 1
apartmer
Library References construe
California Practice Guide; Landlord—Tenant,Friedman, chapter paragraph number references to parsgrapbe (Amend,
see Guide's Table of Statutes for discussing this won
Garcia& Hagerty, $ 17959.
Notes of Decisions $ 17959.
Presumptions and burden of proof 3 modifying when it enacted ordinance prohibiting use of The
acrylonitrde-butadiene-styrene(ABS)plastic cellular pipe; dwellinf
Reasonably necessary 4 it was sufficient for city to show that its prordmity to San
Scope of review 5 Andreas fault made it reasonably necessary to prohibit date of
Validity W use of cellular ABS pipe in residential construction. ABS by the
Institute v. City of Lancaster (App. 2 Dist. 1994) 29 oceu&
Cal.Rptr2d 224,24 Cal-App.4th 285. (Arnem
W. Validity lonitrile-buta- 4. Reasonably necessary
City ordinance prohibiting use of eery
diene-styrene (AILS) plastic cellular pipe did not deny City's findings, in adopting ordinance modifying state-
equal protection to plastic pipe trade association and wide building code,that local conditions made it reason- 1985
p ably necessary to prohibit use of acrylonitrile-butadiene- The
plastic and pipe manufacturers, despite cont, that leant cellular pipe, were based on sub-
ordina"ce did not ban all plastic pipe, absent evidence styrene (ABS) p' senlew
stantial evidence, and city did not abuse its discretion in
showing whether other plastic pipe was as 1lanunable or opting ordinance; chemist testified that ABS pile was
otherwise subject to same criticisms as ABS cellular pike.
ABS Institute v.City of Lancaster(App.'L Dist. 1994)'L9 unsuitable as plumbing material due W potential for me-
l'al.ltptr.'Ld?24,24 Cal.App.4th 285. chanical failure,city's earthquake potential,pipe's Mamma- Cal.
bihty and release of toxic smoke in fire,pipe's contribution
2. County fire protection districts to air quality problems,and waste di.;os:d ,r t lem. ABS 1.
1 YI 1 1
State housing law preempted loco Occupancy or( Institute V. City of LanrastA�r (App. 2 Uiit. II.AA) 29
nances generally; municipality could modify state Deco Cal.ftptr.'Ld 2L4,114 Cal.App.4th
panty standards only if local climatic, geographical, or
topographical conditions necessitated departure from re
5. Scope of view
state occupancy standards and only if municipality made City's adoption of findings that ux,dification of state-
express finding that such conditions existed. Briseno v. wide building code so as t., preclude use of acrylonitride-
City of Santa Ana(APP.4 Dist. IW2)8 Ca1.Rptr.2d 4811,6 butadiene-tyrene(ABS) plastic c•cllular pqx was reason-
Cal.AppAtlr 1:178, review denied. ably necessary because of local climatic, geolugical, or
J. Presumptions and burden of proof t.upupfraphical runditonu,w'.�'Icgislauve,rat.hcr than adju-
City did not have to demonstrate that its local climatic, dicatory,process amt,thus,trial action court w:u not reslmral O Sect
geological,or topographical conditions deviated from pre- conduct de novo review in action cofJ,alnug validity of 17clli•
wailing statewide conditions suit that deviation affected ordinance. Adis Institute v. City of LaroutA'r (App.
directly element of statewide building code that city was Dist. 1994)29 Cal.ltptr.Ld 2Y4,24 Ca1.App.4th 265.
§ 17958.7. Local variances; findings; filing; rejection of modification
body of a city or county, before making any
(a) Except as provided in Section 17922.6, the governing
§ 1:
mollifitatiuns or changes pursuant to Section 17958.5, shall make an ,..press finding that such modifica-
tions or changes are reasonably necessary because of local climatic geological or topob�'a t ical conditions.
Such a finding shalt be available as a public record. A copy of such findings, together with the 1.IX
modification or change expressly marked and identified to which cacti such finding refers, shall be tiled
with the department. No such modification or change shall become effective or operative for any purpose et
until the finding and the modification or change have been filed with the department.
(b) The department may reictt a modification or change tiled by the governing burly of a city ur county § i
if no finding was submitted.
(Amended by Stats.1984, c. 908, § 5J en'
Cross References to
Reconstruction,restoration,or rebuilding of multifamily
dwellings,local building standards authorized,see Govern- per
ment Code§ 65852.25.
Additions or changes indicated by underline; deletions by asterisks
CITY OF SAN BERNARDINO•Dept. of Plannin
Building Services April 30, 1991
HISTORIC RESOURCES RECONNAISSANCE SURVEY REPORT • Volume 1 Page 20 of 27
6• Establishment of Historic Overla Zones
The areas recommended as potentially eligible for designation as Historic O
are:
l
Over ay Zones
a. Historic San Bernardino Overlay Zone. The central City area as platted
by the Mormon survey dated July 20, 1856, this zone extends front Sierra
Way, to the west on "r Street, and from Rialto Avenue to 1
This zone includes the earliest downtown area of the City, and )Off 0th highest Street.
concentration of the City's oldest potential historic homes and historic
sites. It contains the area at 3rd and Court Streets, where the County
Courthouse and Meadowbrook Park are located tod i
represents the egion of longest continuous habitatio the in the City,
including Native Americans in the early 19th c y his area
the 1840s, and the Mormon immigrant colony from 1851 through 1857
e Lugo family in
Early in this century the City's Chinese neighborhood occupied a portion
of this zone, along 2nd Street between Arrowhead and Mountain View
Avenues. Portions of the zone, along North "D° Street and Arrowhead
Avenue, contain significant Queen Anne and Craftsman Style homes of
the 19th and early 20th Centuries.
This area is potentially eligible for designation as a historic overlay zone
at the local level, based on the historic significance of its boundaries, the
Potential historic resources contained therein, and the continued activity
of development within the area as the City's primary center.
b. Historic Business Overlay Zone. Lying within the previously described
zone, this zone is located between North "D and 'f-" Streets, and
between 2nd and 5th Streets. The few remaining historic structures in
this zone are exemplary of the dense, urban cOmIllelcial center
developed in the City during the 1880s, through the 1930s. Some of the
more significant buildings extant in this busy downtown area are the
Harris Department Store, the Andreson Office Building and the Woolworth
Department Store. All of these buildings are located on the west side th
North "E" Street. Other existing of
zone are the Ritz Theater and the Potential att Building, b resources within this
1920s on the east side of North "E" Street between 3rd and r4 h Streets.
Several other potential historic buildings still present in the downtown
area have been significantly altered architecturally. These buildings
should be considered for rehabilitation to maintain the historical context
of the older business Community of Sari Bernardino. Most of the
commercial buildings and related structures built in this area early in the
20th Century were demolished in the 1960s during programs of urban
renewal.
The exemplary buildings cited above may be individually eligible for
nomination to the National Register.
C. Santa Fe Railroad Workers Overlay Zone. Located immediately south
of the rail yards generally from 2nd Street to Congress Street, and from
"I" Street to Pico Street, and generally on both sides of Mt. Vernon from
Architect Milford Wayne Donaldson, AIA, Inc.
846 Fifth Avenue, Suite 300-San Diego, CA 921011 (619)23g_�d88
CITY OF SAN BERNARDINO•Dept. of Planning & Building Services April 30, 1991
HISTORIC RESOURCES RECONNAISSANCE SURVEY REPORT • Volume 3-A Page 24 of 33
sowe 1` j,� .� t y • I.. wS �
..►:.� _mss._+.�.rrc:t s=+.�rrr"R.�..�+L�!r yr�R` .....+�I,I,�hi% -�.�i'��t�-r�+e...�..,..� .� ;
551 North "H" Street
FOURSQUARE
Identifying Features: A two story structure resembling a square box in shape, parts of the house are
retracted into an orderly package,with flush planes, flattened ornamentation and Iew protruding elements;
typically capped by a broad peak at the cornice, and the eaves are usually enclosed.
Architect Milford Wayne Donaldson, AIA,Inc. 846 Ft::. Avenue, Suite 300-San Diego, CA 92120•(619)239-7888
tL � 4y��\ � x•.0 1oSx;. . 7 '• .,`
� ~�rj�'tom• "y!"a'zlr� ~ •M�"A �'" '� 't++• .i' �� � _'�t1 •
+: .a r �, +;.� � � fir::. 1�• �
� ♦t1' 'S.' is � S •O
7f �! ,�,..�{eJ:r�i.,�4
a' .�
N (a
p,.R,
/jWO �
Ai
' ���� �f�° • 'R �'?�` '� ' ti`� lax• :.
s, ad ,¢¢¢r•S�1 r e�, _,.�, +s t�; ` R� r.•1� Qi � I 4 n t
•f: �, 111 y �^ { �.; t.
f X
r .iR app �i yppy�1 1 '
r I�� v G 1 N 1 �1 •70
y,:! ,.r;x.H' x�4L� � ��tr,.y# ,�/�¢r•KY;. -c.}'�•,+°j� rT� �� �
rraLti' f± �}!t 'Ct.'p �Y!r•S`Ir+ �. `�y��a'Mfl ` R
tr w:•�,= � ;cf `a i�,,�ny�,.•� w'e��� �r� j��}�°t���,`���tA ,14���t .t �r �r �p i
t l.�� 7 !I J 1.s�,Y1� VY�:k^ay}� ,j�.�!f L."y� •p. � ���a' i ,�,f; �
`.. ..� "o. T• a .., 4 iLM/d.jfot .,w72fK.L• y .r. n (, r.� �F
.,fp6r 'ytq_4; t� 5X +4 t0 :,t
IL
' •. 4 to�i��w r' P''`�' .lrr,l�.eJ�7.t. 5 � T�y;� Ir. �
..F• !. ,, 'IY+;r �A! r, µ -..Il. Ifw+*�'CY "l•�'.. 1L � ,'�71
.• .��T 4 ��� ► t�f Y1ry��it�. 1�♦ 1�� ��y� `�' .•, �i� .�Nyy i r, 1 ,1
,.4�i}.j ♦`W rf j�,1`1[T�. y� xf; /"� 'F'- ,� i a I�•
i,, yp� .'J,�'•�ry� YF � li, ��%y'�F' 4 p�s�h
R � K M•�' uF�ro� L�'� =,M,` S t• ���rf.� �� � rx: r• � '- d. Y
+yvi ��aR jr�:i. �.� , ..,t �¢.. .Y�,t .!��"�' „ .Q� i� ;:a r�. j �„ �.'h"�� ,}�f��F't°��'�• �'r�•�
x .1�,' :'r' �rt,�'iY dp� •iS,}a 'y�` �' � t�,�rS'' �'��'� � � '`y' .;y'' 1'
•..1 .� � "''jF?i:• ��r1':.:'�' �" ti+ri ��,� ,/fit 44S�
§ 18954 HOUSING
Div. 113
Historical and Statutory Notes
Section 8 of Stats.1984, c. 1314, provides: Section 2 of Stats.1990, c. 625 (S.B.2775)
"Sections I to 7, inclusive, of this act shall purported to repeal 9 18954 as last amended
become operative July 1, 1985.•" by Stats.1981, c. 598, § 2. It appears that the
Amendment of this section by Stats.1984, c. intent was to delete the temporary provision of
1314, § 1, was a temporary provision and, by the section, thereby leaving the text of the
its own terms, was to be repealed on Jan. 1, section, as amended by Stats.1990, c. 625, § 1,
1991, at which time the text of this section as in full force and effect.
amended by Stats.1981, c. 598, § 2, was again
to become operative.
Cross References
City building regulations and ordinances, see Government Code, §§ 38601, 38660.
§ 18955. Qualified historical building or structure
For the purposes of this part, a qualified historical building or structure is
any structure, collection of structures, and their associated sites deemed of
importance to the history, architecture, or culture of an area by an appropri-
ate local or state g o vernmental iurisdiction. This shall include structures on
existing or future national, state or local historical registers or official
inventories, such as the National Register of Historic Places, State Historical
Landmarks, State Points of Historical Interest, and city or county registers or
inventories of historical or architecturally significant sites, places, historic
districts, or landmarks.
(Added by Stats.1975, c. 906, p. 2006, § 1. Amended by Stats.1977, c. 707, p. 2267, § 2,
eff. Sept. 8, 1977.) - -_-
§ 18956. Application of Government Code, Public Resources Code, and '
other statutes and regulations
The application of the provisions of Part 5.5 (commencing with Section
t �l 19955) of Division 13 of this code, Chapter 7 (commencing with Section 4450)
of Division 5 of Title 1 of the Government Code, Division 15 (commencing
v with Section 25000) of the Public Resources Code, and of any other statute or
regulation, as they may apply to qualified historical buildings or structures,
shall be governed by this part.
(Added by Stats.1975, c. 906, p. 2006, § 1. Amended by Stats.1976, c. 192, p. 372, § 1,
eff. May 28, 1976; Stats.1978, c. 555, p. 1729, § 1, eff. Aug. 25, 1978; Stats.1980, c. 676,
P. 1951, § 169.)
§ 18957. Authorized building and fire officials; performance of duties
Nothing in this part shall be construed to prevent authorized building or
fire officials from the performance of their duties when in the proce�:� of
protecting the public health, safety, and welfare.
(Added by Stats.1975, c. 906, p. 2006, § 1.)
144
xc-bsu
1 Chapter, the Task Force shall continue to oversee the Historic
2 Preservation Program and Demolition Permit Applications in an
3 advisory capacity and perform other duties as established by the
4 Mayor and Common Council. This Task Force shall exist until the
5 Mayor and Common Council determine that it is no longer needed.
6 15. 37. 035 Demolition Prohibited. No building or structure
fifty (50) -years old or older shall be demolished unless a valid
8 Demolition Permit has been issued in accordance with this Chapter.
9 15. 37 . 040 Dangerous Buildings Exempted. The demolition of
10 any building or structure fifty (50) years old or older shall be
11 exempt from the provisions of this Chapter if findings have been
12 made by the Board of Building Commissioners or the Building
13 Official pursuant to other provisions of the Municipal Code
14 declaring that the building or structure is either a public
15 nuisance or a dangerous building. In such instances, a Demolition
16 Permit may be issued in accordance with all other City ordinances
17 and requirements.
15. 37. 045 Evaluation Thresholds and Review Requirements.
18
19 Buildings and structures fifty (50) years old or older proposed for
20 demolition shall be evaluated to determine historical significance.
21 The level of review required shall be determined in accordance with
A8the following thresholds and requirements which are based upon the
2- Historic Resources Reconnaissance Survey (Volumes 1-5 and
24 Attachments, April 30, 1991 and all subsequent revisions) :
25 A. A Historic Resource Evaluation Report (Report) shall be
26 required for any resource identified on a modified
27 California Department of Parks and Recreation (DPR) 523 Form
28 ////
4
§ 5027 PUBLIC RESOURCES CODE PUB141V
except for restoration to preserve or enhance its historical values, without the prior approval of the I
Legislature by statute. This section applies to any building or structure transferred 6•om state 190 Ise
ownership to another public agency after January 1, 1987. no 188&
(Added by Stats.1987,a 1868, 1 2.8.) r d fe,~&
fi 6028. Natural disaster damage; demolition or alteration of structure itlel 1'es
The 1984
(a) No structure that is listed on the National Register of Historic Places,on the California Register of maintain ti,'
Historic Places, or on any local public register of historic places, and that has been damaged due to a
natural disaster,including,but not limited to,an earthquake,fire,or flood,may be demolished,destroyed,
or significantly altered, except for restoration to preserve or enhance its historical values, unless the
structure presents an imminent threat to the public of bodily harm or of damage to a(bacent property,or lord c rt,
furless the State Office of Historic Preservation determines,pursuant to subdivision(b),that the structure Doe Govern,ter
may be demolished, destroyed, or significantly altered. .ee
(b) Any local government may apply to the State Office of Historic Preservation for its determination
as to whether a structure meeting the description set forth in subdivision (a) shall be demolished,
destroyed, or significantly altered. That determination shall be based upon the extent of damage to the
structure,the cost of rehabilitating or reconstructing the structure, the structure's histolical significance,
and any other factor deemed by the State Office of Historic Preservation to be relevant. In making that Section
determination, the State Office of Historic Preservation shall consider the recommendation made by a 5038. 11
team selected by the State Office of Historic Preservation, composed of three residents with historic 50.38.1. A
preservation expertise who reside in the affected county. The determination of the State Office of 50382. 11'
Historic Preservation WI&D be issued no later than 30 days after the structure was damaged, or 30 days
after the receipt of the application,whichever occurred later.
(Added by Ststs.196s-(;IO, lot Ex.Sess., c.8, 4 6, eft Nov. 7, 1969.)
Historical and Statutory Notes
1989-90 Legislation Mother 4 60'28, ad(IM by StAds 199-90, 1st Ex.Sess.,
Legislative findings concerning Stats.19W-90, let Ex. c.4, 4 6, relating to smular subject matter, was repealed 50'38. 1
Sess., c. 4, see Historical Note under Health & S.C. by Stau.199o,c. 19,§ 36,eff. March 13, 1890. i (a) It ii,
1 50617.7.
unique his
cultural w
4 5029. Designation by certified resolution; recordation; contents; index; effect upon title restral aj oi
(a) The commission&hall,within 90 days after the approval by the director• • •of the issuance by the Historic I
commission of an historical resources designation for an individual prolwrly, subnul to the county acconiwie,
recorder for recordation, and the county recorder shall record, a certifier) resolution establishing the i (b) The
historical resources designation. For historical resources designations approved prior to March 15, 1993, significant
the commission may submit for recordation,and the county recorder shall record,a certified resolution of the park's
historical resources designation. into consid
(b) Any local agency,or unit thereof,shall,within 90 days of an historical n•sources dealgnat.ion by the on the p(u
local agency or unit for an individual property, submit to the county recorder for recordation, and the (Add(rl bN
county recorder shall record, a certified resolution establishing the histoncal renounces designation. For
historical resources designations made prior to March 16, 1993, the local agency, or unit Ownaf, (rwy
submit for recordation,and the county recorder shall record,a certified resolution of hwbuncal resources 1986 �
designation. Former 9
(c) The resolution shall include the name of the current property owner, the designating entity, the See, now,9
specific historical resources designation, and a legal description of the property.
(d) The recorder shall index the recorded resolutions of the commission or local agency, or unit 1 5038.1•
thereof, listing the respective agency as the "grantor" and the current owner as the "grantee" for that The par
purpose agreement
(e) For the purpose of this section, the term "historical resources designation" means the California the Count,
Register of Historical Resources and any oTc historical resources designation resulting in restnctionp on develop a
demolitions or alterations. --"� preserve .,
park. In
(f) This section shall have no effect on the right,title,or interest in the property identified after March granting c
15, 1993, which is acquired by a bona fide purchaser for value between the time of designation of the the future
property as a historical resource and time that the designation is recorded unless the purchaser had (Added b}
actual knowledge of the designation.
(g) This section shall have no effect upon the title to any property that is subject to this section. 4 b038 2'
(Added by Stats.1992,C. 1326(A.B.3037), 4 2. Amended by Stats.1993,c. 672(A.B.604), 4 2; Stats.1994, (a) Note
c. 1416 (A.B.9601), f 178.) term of at,
Additions or changes Indicated by undaidine; deletions by asterisks • ' •
32
Part 2.7
STATE HISTORICAL BUILDING CODE
Section
18950. Short title.
18951. Purpose.
18952. Application.
18953. Intent.
18954. Repairs, alterations, and additions; application of building standards and
building regulations; physically handicapped accessibility standards.
18955. Qualified historical building or structure.
18956. Application of Government Code, Public Resources Code, and other statutes
and regulations.
18957. Authorized building and fire officials; performance of duties.
18958. Additional agencies authorized to adopt rules and regulations.
18959. Administration and enforcement.
18959.5. Alternative building standards, rules and regulations; historical buildings
code board.
18960. State historical building code board.
18961. Review, enforcement and administration of variances, appeals procedure;
agency to consider alternative provisions of this part and obtain review.
Part 2.7 was added by Stats.1975, c. 906, p. 2005, § 1.
Law Review Commentaries
Guide to historic preservation for the Cali-
fornia practitioner. Dorothy Gray (1981) 21
Santa Clara L.Rev. 613. r
§ 18950. Short title
This part shall be known and may be cited as the "State Historical Building
Code."
(Added by Stats.1975, c. 906, p. 2005, § 1.)
Cross References
City building regulations and ordinances, see Government Code, §§ 38601, 38660.
State parks and monuments, see Public Resources Code § 5001 et seq.
Library References
Health and Environment e725.5. 104, 110, 115 to 126, 128, 129, 132, 133,
WESTLAW Topic No. 199. 135, 137 to 140, 142, 144 to 153.
C.J.S. Health and Environment §§ 61 to 66,
69,71 to 73,78 to 80,82 to 86,88 to 90,94,
§ 18951. Purpose
It is the purpose of this part to provide alternative building regulations and
building standards for the rehabilitation, preservation, restoration (including
related reconstruction), or relocation of buildings or structures designated as
historic buildings. Such alternative building standards and building regula-
142