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HomeMy WebLinkAboutCC ORD 1996-2111 Amends Ch. 15.08, Uniform Building Code (15.08)ORDINANCE NO. 96-2111 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTING VOLUMES I, II AND III OF THE UNIFORM BUILDING CODE, 1994 EDITION, AMENDING CERTAIN SECTIONS AND ADOPTING APPENDIX CHAPTERS 9, 10, 12(DIVISION IIA), 15 AND 31 (DIVISION III); PROVIDING PENALTIES FOR VIOLATION THEREOF AND AMENDING ORDINANCE NO. 93-2046 AND CHAPTER 15.08 OF THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. The City Council of the City of National City hereby adopts Volumes I, II, and III of the Uniform Building Code, 1994 Edition, published by the International Conference of Building Officials. Section 2. The City Council of the City of National City hereby amends certain sections and adopts certain Appendix Chapters of Volume I of the Uniform Building Code, 1994 Edition and amends Ordinance No. 93-2046 and Chapter 15.08 of the National City Municipal Code to read as follows: CHAPTER 15.08 UNIFORM BUILDING CODE Sections: 15.08.010 Uniform Building Code Adopted. 15.08.015 Section 102 amended --Unsafe Buildings or Structures. 15.08.020 Section 103 amended --Violations. 15.08.025 Section 104.2.3 amended --Right of Entry. 15.08.030 Section 105.1 amended --Board of Appeals. 15.08.035 Section 106.2(1)and 106.2(5) amended --Exempted Work. 15.08.040 Section 106.2(12)and 106.2(13) added --Exempted Work. 15.08.045 Section 106.4.4 amended --Expiration. 15.08.050 Section 106.4.6 added --Permit Denial. 15.08.055 Section 107.2, 107.3, 107.5.2 amended --Fees. 15.08.060 Section 107.7 added --Permit Filing Fees. 15.08.065 Section 108.8 amended--Reinspections. 15.08.070 Section 109.4 amended --Temporary Certificate. 15.08.075 Chapter 1 Table 1-A deleted --Building Permit Fees. 15.08.080 Section 502 amended --Premises Identification. 15.08.085 Sections 1507.12 and 1507.13 amended --Roof Covering Materials and Application. 15.08.090 Section 3403.5 amended --Historical Buildings. 15.08.095 Appendix Chapters..Deleted. 15.08.010 Uniform Building Code adopted. There is adopted by the city council, for the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area, fire resistance, and maintenance of all buildings and/or structures, that certain code known as the Uniform Building Code, Volume I including Appendix Chapters 9, 10, 12 (Division IIA), 15, 31 (Division III), and Volumes II and III, published by the International Conference of Building Officials being particularly the 1994 Edition thereof, save and except such portions as are deleted, added, modified or amended, of which code one copy has been and is now filed in the office of the city clerk; and the same is adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chapter takes effect, the provisions thereof shall be controlling within the limits of the city. 15.08.015 Section 102 amended --Unsafe Buildings or Structures. Section 102 of the Uniform Building Code is amended by adding the following sentence to the first paragraph: Abandoned buildings or structures or portions thereof in incomplete condition inherently constitute a hazard, are substandard, dangerous, and unsafe, and declared a public nuisance by reason of unprotected trenches and excavations, projecting structural elements, open piping systems, exposed electrical conductors and/or other conditions characteristic of construction projects. 15.08.020 Section 103 amended --Violations. Section 103 of the Uniform Building Code is amended to read as follows: It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Violation of any provisions of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.08.025 Section 104.2.3 amended --Right of Entry. Section 104.2.3 of the Uniform Building Code is amended to read as follows: When necessary to make an inspection to enforce any of the provisions of this code or reasonable cause to believe that there exist in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official, San Diego County Health Department and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 2 15.08.030 Section 105.1 amended --Board of Appeals. Section 105.1 of the Uniform Building Code is amended to read as follows: The Advisory and Appeals Board is established by City Ordinance No. 1834 adopted October 9, 1984. The Board shall have jurisdiction to review the items as enumerated in Chapter 15.04 of the National City Municipal Code. 15.08.035 Section 106.2(1) and 106.2(5) amended --Exempted Work. Section 106.2.2 and 106.2.5 of the Uniform Building Code are amended to read as follows: 1. One story free standing (detached) accessory buildings used as tool/storage shed, playhouse, patio covers, greenhouses, kiosks, and shade structures only, not exceeding one hundred square feet (100 sq . f t .) of floor area. 5. Permits for retaining walls shall be as specified in the City Grading Ordinance. 15.08.040 Section 106.2 (13) , 106.2 (14) , and 106.2 (15) added --Exempted Work. The following exempted work is added to Section 106.2: 13. Playground, gymnastic and similar equipment and structures used for recreation and athletic activities. 14. Repairs to lawfully existing Group R, Division 3 structures and Group U occupancies accessory to Group R, Division 3 structures constructed under a building permit which involve only the replacement of component parts or existing work completed with similar materials only for the purpose of maintenance and do not affect any structural components and plumbing, electrical or mechanical installations. Repairs exempt from permit requirements shall .not include any addition, change or modification in construction, exit facilities or permanent fixtures or equipment. Specifically exempt from permit requirements are: (1) Painting and decorating including refinishing of existing exterior stucco finishes. (2) Installation of floor covering. (3) Cabinet work. (4) Outside paving. (5) Replacement of existing window with new windows which do not involve structural modification of the existing window opening 3 (6) Reroofing with the same materials as existing, subject to the limitations of Appendix Chapter 15 of the Uniform Building Code. 15. Grount-mounted satellite antennas not exceeding ten feet in diameter and roof mounted satellite antennas not exceeding eight feet in diameter. 16. Painted wall signs. 15.08.045 Section 106.4.4 amended --Expiration. Section 106.4.4--Expiration is hereby amended to read as follows: 106.4.4 Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds 3 calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the building official within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the building official within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not been commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the model codes are in effect as used in the initial plan check; (D) A fee equal to one-half the amount required for a new permit is paid. 4 The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the model codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. The renewal permit shall expire three calendar years from the date of initial permit issuance. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one - quarter the amount required for a new permit shall be paid. A renewal permit shall expire three calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: (A) Construction in reliance upon the building permit has commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; (C) A fee equal to the full amount required for a new permit is paid, except that where the building official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter 5 provided that all requirements of (A) , (B) , and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this chapter. The building official may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 15.08.050 Section 106.4.6 added --Permit Denial. Section 106.4.6, Permit Denial, is hereby added to read as follows: 106.4.6 Permit Denial. The Building Official may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.08.055 Section 107.2, 107.3 107.5.2--Fees. Section 107.2, 107.3 and 107.5.2 of the Uniform Building Code are amended to read as follows: 107.2 Permit Fees. The fees for each permit shall be as set forth in the Fee Resolution adopted by the City Council. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire -extinguishing systems and any other permanent equipment. The building official may use the schedule of Building Valuation Multipliers as adopted by the San Diego Area Chapter of the International Conference of Building Officials in making determinations of value or valuation. 107.3 Plan Review Fees. When plans and/or other data are required to be submitted by subsection (b) of Section 302, a plan review fee as contained in the Fee Resolution adopted by the City Council shall be paid at the time of submitting plans and/or other data. The plan review fee specified in this subsection are separate fees from the permit fees specified in Section 304 (b) , and are in addition to the permit fees. 107.5.2 Investigation Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The fee shall be as set 6 forth in the Fee Resolution adopted by the City Council. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 15.08.060 107.7 added --Permit Filing Fee. The following fee is added to Section 107.7. A permit filing fee as set forth in the Fee Resolution adopted by the City Council shall be paid for each project submitted to the City for review. 15.08.065 Section 108.8 amended--Re-inspections. Section 108.8 of the Uniform Building Code is amended by revising paragraph four of subsection (g) to read as follows: To obtain a re -inspection, the permittee shall file an application therefor in writing upon a form provided for that purpose, and pay the re -inspection fee as specified in the Fee Resolution adopted by the City Council. In instances where re - inspection fees have been assessed, no additional inspection of work will be performed until the fees have been paid. 15.08.070 Section 109.4--Temporary Certificate. Section 109.4 of the Uniform Building Code is hereby amended to read as follows: Where a project or a major portion thereof is substantially complete but practical difficulties delay completion of work involving conditions imposed upon the project by the City, the building official may issue a temporary Certificate of Occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire project. Prior to the issuance of a temporary Certificate of Occupancy, the premises shall be inspected by all affected City departments who shall prepare a list of work required to be completed and shall forward the list along with written approval or disapproval of the issuance of temporary Certificate of Occupancy approval to the building official. Upon receipt of approval of all affected City departments, the building official shall prepare a written document granting temporary Certificate of Occupancy approval which shall include the following: 1. The work to be done. 2. The maximum time allowed for completion of all work. 3. The property owner's signature and the signature of the contractor agreeing to complete the work within the prescribed time or vacate the premises upon order of the building official until such work is complete. 7 4. Evidence that a faithful performance bond has been posted if required by any affected City department. A copy of a written document granting temporary Certificate of Occupancy approval shall be provided to all affected City departments. 15.08.075 Chapter 1, Table 1-A deleted --Building Permit Fees. Chapter 1, Table 1-A Building Permit Fees of the Uniform Building Code is deleted. 15.08.080 Section 502 amended --Premises Identification. Section 513, Premises Identification of the Uniform Building Code is amended to read as follows: Every principal building or structure located within the incorporated limits of the City of National City shall be identified by a designated street number as issued by the Director of Building and Safety. Approved numbers, or addresses, shall be placed on all new and existing buildings adjacent to the principal entrance where the numbers posted at the entrance shall be posted on the building or at a point that is plainly visible and legible from the street which is addressed. If necessary, directional signs shall be posted showing proper access to a given address, from the point where the Fire Department access roadway leaves the dedicated street, to the entrance of each addressed building. All such numbers shall be placed on a contrasting background. 15.08.085 Section 1507.12 and 1507.13 amended -- Roof -covering Materials and Application. The City Council specifically and expressly finds and declares that the density of development and the existence of ocean breezes and dry untreated wood shakes and shingle roofs create conditions which contribute significantly to the potential spread of fire which necessitates that the roof -covering requirements of the Uniform Building Code be amended as follows: 12. Wood shakes. Shakes shall comply with Uniform Building Code Standard No. 32-8, shall be Class C fire retardant, and shall be installed in accordance with Table No. 32-B-2. 13. Wood shingles. Shingles shall comply with Uniform Building Code Standard No. 32-11, shall be Class C fire retardant, and shall be installed in accordance with Table No. 32-B-2. 15.08.090 Section 3403.5 amended --Historical Buildings. Section 3403.5 of the Uniform Building Code is amended to read as follows: The repair, alteration, enlargement, maintenance and moving of historical buildings designated in National City Municipal 8 Code Section 18.139.020 shall comply with the provisions of the State Historical Building Code (Part 8, Title 24, California Administrative Code) and shall be subject to the review of permit requirements of National City Municipal Code Section 18.139.030. 15.08.095 Appendix Chapters..deleted. Appendix Chapters 3, 4, 11, 12 (Divisions I and II),13, 29, 31 (Division I), 33, and 34 are deleted. PASSED and ADOPTED this l8th day of June , 1996. ATTEST: L) L4a/ Lori Anne Peoples, Cit Clerk APPROVED : George . Eiser, George H. "Waters , Mayor 9 Passed and adopted by the Council of the City of National City, California, on June 18, 1996, by the following vote, to -wit: Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on June 4, 1996 and on June 18, 1996. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 96-2111 of the City Council of the City of National City, passed and adopted by the Council of said City on June 18, 1996. City Clerk of the City of National City, California By: Deputy