HomeMy WebLinkAboutCC ORD 2002-2209 Amends Ord. 99-2157 and Ch. 5.08, building code (15.08)ORDINANCE NO. 2002-2209
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADOPTING VOLUMES I AND II OF THE
CALIFORNIA BUILDING CODE, 2001 EDITION, AMENDING
CERTAIN SECTIONS AND ADOPTING APPENDIX CHAPTERS 9,
10, 12 (DIVISION IIA), 15, 31 (DIVISION III) AND 34 (DIVISION III);
PROVIDING PENALTIES FOR VIOLATION THEREOF AND AMENDING
ORDINANCE NO. 99-2157 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 and II of the California Building Code, 2001 Edition, published by the International
Conference of Building Officials and the Building Standards Commission.
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 California Building Code, 2001
Edition and amends Ordinance No. 99-2157 and Chapter 15.08 of the National City Municipal
Code to read as follows:
Sections:
15.08.010
15.08.015
15.08.020
15.08.025
15.08.030
15.08.035
15.08.040
15.08.045
15.08.050
15.08.055
15.08.060
15.08.065
15.08.070
15.08.075
15.08.080
15.08.085
15.08.090
15.08.095
CHAPTER 15.08
CALIFORNIA BUILDING CODE
California Building Code --Adopted
Section 102 "Unsafe Buildings or Structures" --Amended
Section 103 "Violations" --Amended
Section 104.2.3 "Right of Entry" --Amended'
Section 105.1 "Board of Appeals" --Amended
Section 106.2.5 "Exempted Work" --Amended
Section 106.2 "Exempted Work" --Amended
Section 106.4.4 "Expiration" --Amended
Section 106.4.6 "Permit Denial" --Added
Section 107.2, 107.3, 107.5.2 "Fees" --Amended
Section 107.7 "Permit Filing Fees" --Added
Section 108.8 "Reinspections"--Amended
Section 109.4 "Temporary Certificate" --Amended
Chapter 1 Table 1-A "Building Permit Fees" --Not Adopted
Section 502 "Premises Identification" --Amended
Sections 1507.12 and 1507.13 "Roof Covering Materials and
Application" --Amended
Section 3403.5 "Historical Buildings" --Amended
Appendix Chapters --Not Adopted
15.08.010 California 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
California Building Code, Volume I including Appendix Chapters 9, 10, 12 (Division IIA), 15, 31
(Division III), 34 (Division III), and Volume II, published by the International Conference of
Building Officials and the California Building Standards Commission being particularly the 2001
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 Director of Building and
Safety; 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.
15.08.15 Section 102 "Unsafe Buildings or Structures" --Amended. Section 102 of
the California Building Code is amended to read:
102. Unsafe Buildings or Structures. All buildings or structures
regulated by this code that are structurally unsafe or not provided with adequate
egress, or that constitute a fire hazard, or are otherwise dangerous to human life
are, for the purpose of this section, unsafe. Any use of buildings or structures
constituting a hazard to safety, health or public welfare by reason of inadequate
maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or
abandonment is, for the purpose of this section, an unsafe use. Parapet walls,
cornices, spires, towers, tanks, statuary and other appendages or structural
members that are supported by, attached to, or a part of a building and that are in
deteriorated condition or otherwise unable to sustain the design loads that are
specified in this code are hereby designated as unsafe building appendages.
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.
All such unsafe buildings, structures or appendages are hereby declared to
be public nuisances and shall be abated by repair, rehabilitation, demolition or
removal in accordance with the procedures set forth in the Dangerous Buildings
Code or such alternate procedures as may have been or as may be adopted by this
jurisdiction. As an alternative, the building official, or other employee or official of
this jurisdiction as designated by the governing body, may institute any other
appropriate action to prevent, restrain, correct or abate the violation.
15.08.020 Section 103 "Violations" --Amended. Section 103 of the California
Building Code is amended to read:
103. Violations. 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.
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Building Code Ordinance - 2002
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 "Right of Entry" --Amended. Section 104.2.3 of the
California Building Code is amended to read:
104.2.3. Right of Entry. 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.
15.08.030 Section 105.1 "Board of Appeals"-- Amended. Section 105.1 of the
California Building Code is amended to read:
105.1. Board of Appeals. 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 15.08 of the
National City Municipal Code.
15.08.035 Section 106.2.5 "Exempted Work"-- Amended. Section 106.2.5 of the
California Building Code is amended to read:
106.2.5. Permits for retaining walls shall be as specified in the City
Grading Ordinance, Chapter 15.70.
15.08.040 Section 106.2 "Exempted Work"-- Amended. Section 106.2 is amended
to add the following exempted work:
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:
3 Building Code Ordinance - 2002
(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 windows with new
windows which do not involve structural
modification of the existing window opening
15. Ground -mounted satellite antennas not exceeding ten feet in
diameter and roof mounted satellite antennas not exceeding eight feet in diameter.
16. Painted wall signs and styrofoam wall signs.
15.08.045 Section 106.4.4 "Expiration"-- Amended. Section 106.4.4 of the
California Building Code is amended to read:
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.
(E) 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
Building Code Ordinance - 2002
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.
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.
(D) 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 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 "Permit Denial" --Added. Section 106.4.6 of the
California Building Code is hereby added to read:
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.
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Building Code Ordinance - 2002
15.08.055 Sections 107.2, 107.3 and 107.5.2 "Fees"-- Amended. Sections 107.2,
107.3 and 107.5.2 of the California Building Code are amended to read:
107.2 Permit Fees. The fees for each permit shall be as set forth in the
National City Fee Schedule 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 Section 106.3.2, a plan review fee as contained in the National City
Fee Schedule 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 107.2, 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 forth in the National City Fee Schedule 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.
107.7 "Permit Filing Fee" --Added. The following fee is added to Section
107.7. Permit Filing Fee. A permit filing fee as set forth in the National
City Fee Schedule adopted by the City Council shall be paid for each project
submitted to the City for review.
15.08.065 Section 108.8 "Reinspections"-- Amended. Section 108.8 lof the
California Building Code is amended to read:
108.8. Reinspections. A reinspection fee may be assessed for each
inspection or reinspection when such portion of work for which inspection is
called is not complete or when corrections called for are not made.
This section is not to be interpreted as requiring reinspection fees the first
time a job is rejected for failure to comply with the requirements of this code, but
as controlling the practice of calling for inspections before the job is ready for such
inspection or reinspections.
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Building Code Ordinance - 2002
Reinspection fees may be assessed when the inspection record card is not
posted or otherwise available on the work site, the approved plans are not readily
available to the inspector, for failure to provide access on the date for which
inspection is requested, or for deviating from plans requiring the approval of the
building official.
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 National City Fee Schedule 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"-- Amended. Section 109.4 of the
California Building Code is amended to read:
109.4. Temporary Certificate. 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.
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 "Building Permit Fees" --Not Adopted. Chapter 1,
Table 1-A Building Permit Fees of the California Building Code is not adopted.
15.08.080 Section 502 "Premises Identification"-- Amended. Section 502 of the
California Building Code is amended to read:
7 Building Code Ordinance - 2002
502. Premises Identification. 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 Sections 1507.12 and 1507.13 "Roof -covering Materials and
Application"-- Amended. The City Council specifically and expressly finds and declares that the
density of development and the existence of ocean breezes and the existence and use of dry
untreated wood shakes and shingle roofs create conditions which contribute significantly to the
potential spread of fire, which thereby necessitates that the roof -covering requirements of Section
1507.12 and 1507.13 of the California Building Code must be more reasonably restrictive to
minimize fire spread and are therefore amended as follows:
1507.12. Wood shakes. Shakes shall comply with California Building
Code Standard No. 15-3, shall be Class A fire retardant, and shall be installed in
accordance with Table No. 15-B-2.
1507.13. Wood shingles. Shingles shall comply with California
Building Code Standard No.15-4, shall be Class A fire retardant, and shall be
installed in accordance with Table No. 15-B-2.
15.08.090 Section 3403.5 "Historical Buildings"-- Amended. Section 3403.5 of the
California Building Code is amended to read:
3403.5 Historical Buildings. The repair, alteration, enlargement,
maintenance and moving of historical buildings designated in National City
Municipal Code Section 18.139.020 shall comply with the provisions of the State
Historical Building Code (Part 8, Title 24, California Code of Regulations) and
shall be subject to the review of permit requirements of National City Municipal
Code Section 18.139.030.
15.08.095 Appendix Chapters --Not Adopted. Appendix Chapters 3, 4, 11, 12
(Divisions I and II), 13, 29, 30, 31 (Division I and II) and 34 (Division I and II) are not adopted.
8 Building Code Ordinance - 2002
Section 3. The City Clerk shall transmit a certified copy of this ordinance to the State
Building Standards Commission for filing in accordance with Health and Safety Code Sections
17958.7 and 18941.5.
PASSED and ADOPTED this 1ST day of OCTOBER , 2002.
George H. Waters, Mayor
ATTEST:
Michael Dalla
City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
9 Building Code Ordinance - 2002