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Ord 306ORDINANCE NO. 306 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA AMENDING CHAPTERS 15.02, 15.04, 15.06, 15.08, 15.12, 15.16 OF THE POWAY MUNICIPAL CODE ADOPTING THE UNIFORM BUILDING CODE, 1988 EDITION, ADMINISTRATIVE CODE 1988 EDITION, PLUMBING CODE, 1988 EDITION, AND MECHANICAL CODE, 1988 EDITION WHEREAS, on November 14, 1989 the City Council of the City of Poway held a public hearing to hear the pros and cons of this proposed ordinance; and WHEREAS, the City Council finds that the modifications and changes to the Uniform Codes are reasonably necessary because of the following climatic, geolo- gical, and topographical conditions: The City is situated in hilly, inland terrain. Approximately 50% is "wildland" for fire purposes, covered by native vegetation on steep and frequently inaccessible hillsides. The native ground cover is highly combustible grasses, dense brush and chapparal. Natural fire breaks in these areas ae insignificant. Our climate is warm and dry. The winds prevail from the west. However, seasonal strong dry east winds are variable in duration and intensity. These winds can significantly enlarge a wildland fire as well as cause abrupt and unpredictable changes in fire direction. Temperatures ranging between 75 and 1OD F are common throughout the year. The potential for fire damage is great in the wildland area, as such, a fire can spread rapidly and response time can be slowed by difficult terrain and explosive vegetation. Our rural road system includes narrow, winding roadways, often with grades in excess of that necessary for optimal response time for large fire apparatus. An additional factor affecting response time is the distance between the two fire stations and the fire location. 0 The rural water supply is limited, making it necessary for fire appara- tus to travel time-consuming distances to obtain additional water once their initial water has been utilized. NOW, THEREFORE, BE IT ordained as follows: SECTION 1: The City Council of the City of Poway hereby: Chapters 15.02, 15.04, 15.06, 15.08, 15.12, and 15.16 are amended as shown in the attached Exhibit A. EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen {15) days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Ordinance No. 306 Page 2 Introduced and first read at a regular meeting of the City Council of the City of Poway held the 14th day of November, 1989, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 12th day of December, 1989, by the following roll call vote: AYES: COUNCILMEMBERS: GOLDSMITH, HIGGINSON, KRUSE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRANNON, EMERY D~)n ~tigginso~ '-- Marjori~ ~(. Wahlsten, City Clerk 0/0-11-14.3-3N Chapter 15.02 Ordi~nance No. 306 Page 3 ADMINISTRATIVE CODE Sections: 15.02.010 15.02.030 15.02.040 15.02.050 15.02.060 15.02.070 15.02.080 15.02.090 15.02.100 15.02.110 15.02.120 15.02.130 15.02.140 Adoption. Deletions, revisions and additions. Sections 104{b) and 104{e) amended. Section 204 amended. Section 208 added. Section 301{a) amended. Section 303{f) added. Section 303{g} added. Section 304 amended. Section 305{b} amended. Section 305{i) added. Section 308{c} amended. Tables Nos. 3-A thru 3-H deleted. 15.02.010 Adoption of Uniform Administrative Code. There is adopted as the City Administrative Code for the purpose of pre-scribing administrative and enforcement provisions for certain technical codes the Uniform Administrative Code, 1988 Edition, promulgated and published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, including such provisions as are hereinafter added, deleted, or amended. 15.02.030 Deletions, Revisions and Additions to UnifoFmAdministrative Code. Deletions, revisions and additions to the Uniform Administrative Code, 1988 Edition, shall be as set forth in Sections 15.02.040 through 15.02.150. 15.02.040 Section 104(b) Amended. Section 104(b) of the Uniform Administrative Code is amended by adding the following: EXCEPTION: 1. The installation of wood shingle or shake roofing material for reroofing or repair which exceeds 25 percent of the pro- ject roof area within any 12 month period shall be as required for new installations or a Class C rating. 15.02.050 Section 204 Amended. Section 204 of the Uniform Administrative Code is amended to read as follows: Sec. 204. BUILDING CONSTRUCTION APPEALS BOARD. The City Council shall serve as the Appeals Board to hear appeals of any Code interpretation by the City Building Official in accordance with the Administrative Appeal Procedure, Chapter 2.20 of the Poway Municipal Code. Exhibit A Page 2 ,Ordinance No. 306 :Page ~ 15.02.060 Section 206 Added. Section 206 of the Uniform Administrative Code is added to read as follows: Sec. 206. Any building or structure erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished, equipped, used, occupied, or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance. The City Attorney shall, upon order of the City Council, commence necessary proceedings for the abatement, removal and/or enjoinment of any such public nuisance in the manner provided by law. Any failure, refusal or neglect to obtain a permit as required by this chapter shall be prima facie evidence of the fact that a public nuisance has been committed in connection with the erection, construc- tion, enlargement, alteration, repair, movement, improvement, removal, conversion or demolition, equipment, use, occupation, or maintenance of a building or structure erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished, used, occupied, or maintained contrary to the provisions of this chapter. 15.02.070 Section 301(a) Amended. Section 301(a) of the Uniform Administrative Code is amended by adding the following: Permits shall not be issued for construction on a site where the City Engineer determines that a grading permit or public improvements are required until the City Engineer notifies the Building Official in writing that the grading or public improvements work has been satisfac- torily completed to allow building permits to be issued. Permits shall not be issued if the City Engineer determines that flooding or geologic conditions at the site may endanger the public safety or welfare. 15.02.080 Section 304 Amended. A. Section 304(a) of the Uniform Administrative Code is amended to read as follows: Sec. 304(a) PERMIT FEES. The fee for each permit shall be as set forth in a resolution duly adopted by the City Council. The determination or value of 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 pemit 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. B. Section 304(b) of the Uniform Administrative Code is amended to read as follows: Exhibit A Page 3 Ordinance No. 306 Page 5 (b) PLAN REVIEW FEES. When a plan or other data is required to be submitted by Section 302{c), a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be 65 percent of the building permit fee set forth in a resolution duly adopted by the City Council. The plan review fees for electrical, mechanical and plumbing work shall be equal to 25 per- cent of the total permit fee set forth in a resolution duly adopted by the City Council. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate set forth in a resolution duly adopted by the City Council. C. Section 304(d) of the Uniform Administrative Code is amended to read as follows: (d) EXPIRATION OF PLAN REVIEW. Applications for which no permit is issued within one year following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. D. Section 304(e) of the Uniform Administrative Code is amended to read as follows: (e) INVESTIGATION FEES: WORK WITHOUT A PERMIT. 1. INVESTIGATION. Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 2. FEE. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this Code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of either this code or the technical codes nor from any penalty prescribed by law. E. Section 304 of the Uniform Adminlstrative Code is amended by adding subsection {g} to read as follows: (g) PERMIT HISTORY SURVEY FEE. The fee for conducting a permit history survey of an existing structure or facility shall be the fee as set forth in a resolution duly adopted by the City Council. Exhibit A Page 4 Ordinance No. 306 Page 6 F. Section 304 of the Uniform Admlnlstratlve Code is amended by adding subsection (h) to read as follows: (h) DEMOLITION PERMIT FEE. The fee for a permit to demolish a bulldlng shall be as set forth in a resolution duly adopted by the City Council. G. Section 304 of the Uniform Administratlve Code is amended by adding subsection {il to read as follows: (il EXCEPTIONS: The United States, the State of California, school districts, the County of San Diego, or the City shall not be required to pay any fees for filing an application for a building permit pur- suant to this code unless City building inspection services are requested. If so requested, the regular fee schedules in this code shall apply. 15.02.090 Section 305(b) Amended. Section 305(b) of the Uniform Administrative Code is amended to read as follows: (c) RECORD CARDS. 1. INSPECTION RECORD CARD. Work requiring a building permit shall not be commenced until the permit holder or his agent shall have posted or otherwise made available an inspection record card such as to allow the building official conveniently to make the required entries thereon regarding inspection of the work. This card shall be maintained available by the permit holder until final approval has been granted by the building official. 2. CIRCUIT CARDS. A complete schedule of circuits, showing the number and arrangement of outlets on each circuit, shall be posted at the ser- vice equipment location prior to requesting inspection of rough electrical wiring. Circuit cards furnished by the building official shall be used for this purpose. In lieu of a circuit card, an approved wiring plan may be used. 15.02.100 Section 305(i) Added. Section 305 of the Uniform Administrative Code is amended by adding subsection {il to read as follows: (il PERMIT HISTORY SURVEY. Upon receipt of a written request for a permit history survey from the owner and payment of the fee specified in Section 304{a}, the building official may review City records and provide a report listing those building, plumbing, electrical, and mechanical permits that have been issued for that property. 15.02.110 Section 308(c) Amended. Section 308(c) of the Uniform Administrative Code is amended to read as follows: Ordinance N~. 306 Page 7 Exhibit A Page 5 (c) CERTIFICATE OF OCCUPANCY. After final inspection where it is found that the building or structure substantially complies with the provisions of the technical codes, the bulldlng official shall indicate approval on the Inspection Record Card, and the signed Inspection Record Card shall serve as a Certificate of Occupancy. 15.02.120 Tables Nos. 3-A thru 3-H Deleted. Table Nos. 3-A, 3-B, 3-C, 3-D, 3-E, 3-F, 3-G, and 3-H of the Unifom Administrative Code are deleted. Exhlblt A Page 6 Ordinanc(~ No. 306 Page 8 Chapter 15.04 BUILDING CODE Sections: 15.04.010 15.04.020 15.04.030 15.04.040 15.04.050 15.04.060 15.04.070 15.04.080 15.04.090 15.04.100 15.04.110 Adoption. Deletions, Revisions and Adoptions. Section 104 Deleted. Section 105 Deleted. Section 106 Deleted. Section 107 Deleted. Chapter 2 Deleted. Chapter 3 Deleted. Section 3203 Amended. Section 3703{h) Added. Appendicies 1, 12, 26, 35, 53, and 70 Deleted. 15.04.010 Adoption of Uniform Bulldln9 Code. There is adopted as the City Building Code for the purpose of prescribing regulations in the City for the erection, construction, enlargement, alteration, repair, moving, removal, con- version, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures, the Uniform Building Code, 1988 Edition, excluding appendices 1, 12, 26, 35, 53, and 70 thereto, and including the Uniform Building Code Standards, 1988 Edition, promulgated and published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, including such provisions as are hereinafter added, deleted, or amended. 15.04.020 Deletions Revisions and Additions to Uniform Buildin9 Code. Deletions, revisions and'additions to the Uniform Building Code, 1988 Edition, shall be as set forth in Sections 15.04.030 through 15.04.100. 15.04.030 Section 104 Deleted. Section 104 of the Uniform Building Code is deleted. 15.04.040 Section 105 Deleted. Section 105 of the Uniform Building Code is deleted. 15.04.050 Section 106 Deleted. Section 106 of the Uniform Building Code is deleted. 15.04.060 Section 107 Deleted. Section 107 of the Uniform Building Code is deleted. 15.04.070 Chapter 2 Deleted. Chapter 2 of the Uniform Building Code is deleted in its entirety. Exhibit A Page 7 Ordinance No. 306 Page 9 15.04.080 Chapter 3 Deleted. Chapter 3 of the Uniform Building Code is deleted in its entirety. 15.04.090 Section 3203 Amended. Section 3203 of the Uniform Building Code is amended to read as follows: Section 3203 Roof Covering Requirements. The roof covering on any structure regulated by this code shall be as specified in Table No. 32-A and as classified in Section 3204. All wood shingles and wood shakes shall have a minimum Class B rating. The roof-covering assembly includes the roofdeck, underlayment, interlayment, insulation and covering which is assigned a roof- covering classification. EXCEPTION: 1. New roof coverings shall meet Class A fire retardant testing, as specified in the Uniform Building Code Standard No. 32-7 for fire retardant roof covering materials, in areas designated by the Director of Safety Services to be potentially hazardous wildland fire areas. 15.04.100 Section 3703(h) Added. Section 3703(h) of the Uniform Building Code is added to read as follows: Section 3703{h) Spark Arrester. All chimneys attached to any appli- cance or fireplace that burns solid fuel shall be equipped with an approved spark arrester. The net free area of the spark arrester shall be not less than four times the net free area of the outlet of the chimney. The spark arrester screen shall have heat and corrosion resistance equivalent to 12 gauge wire, 19 gauge galvanized wire, or 24 gauge stainless steel. Openings shall not permit the passage of spheres having a diameter larger than 1/2-inch and shall not block the passage of spheres having a diameter of less than 3/8-inch. 15.04.110 Appendlcles 1, 12, 26, 35, 53~ and 70 Deleted. Appendicies 1, 12, 26, 35, 53, and 70 of the Uniform Building Code are deleted. Exhibit A Page 8 Ordinance No. 306 Page 10 Chapter 15.06 REQUIREMENTS FOR RIGHT-OF-WAY DEDICATION AND IMPROVEMENTS Sections: 15.06.010 15.06.020 15.06.030 15.06.040 15.06.050 15.06.060 Public Right-of-Way Dedication Required. Encroachment Upon Public Right-of-Way. Construction of Public Improvements. Waiver of Immediate Constructlon of Public Improvements and Payment of Fees-in-Lieu. Drainage Fees, Park Fees, Traffic Mitigation Fees. Appeals. 15.06.010 Public Right-of-Way: Dedication Required. No building or struc- ture shall be erected, enlarged or altered, and no property shall hereafter be improved for parking purposes, and no building permit shall be issued therefor, unless one half {1/2} of the street, which is located on the same side of the center line of the street as such lot, has dedicated right-of-way for the full width of the lot along all street frontages so as to meet the Circulation Element and/or Standards for such street as found in Circulation Element Policies 2.a and 2.b. In addition to required dedication for street purposes, additional dedication for storm drain, sewer, water, or other utility purposes may also be required in connection with building permits where such dedication is necessary to prevent the flooding of adjacent or nearby properties or to per- mit connection to required utilities. In the event construction of full frontage improvements is not immediately required, said person shall then be required to make an irrevocable offer to dedicate property, executed by all parties having an interest in the property, including beneficiaries and trustees of deeds of trust, as shown by a current preliminary title report prepared by a title company approved by the Director of Public Services/City Engineer and City Attorney. Such offer of dedication shall be in a form approved by the City Attorney and the Director of Public Services/City Engineer, and shall continue in effect until the City Council accepts or rejects such offer. 15.06.020 Encroachment Upon Public Right-of-Way. No building, structure, or parking lot shall be erected, enlarged or altered, if it does, or would encroach upon any public easement or right-of-way, unless an encroachment permit is first obtained from the Director of Public Services/City Engineer; the Director of Public Services/City Engineer may grant an encroachment pemit, if he determines that the encroachment will not be detrimental to the public health, safety or welfare. Exhibit A Page 9 OWdinance~No. 306 Page 11 15.06.030 Construction of Public Improvements. Any person, owner, lessee, or agent constructing or causing to be constructed any parking lot or commer- cial, residential, or manufacturing building, or buildings, or building addition or alteration on any legal parcel within the City of Poway, shall provide for the con-struction or installation to city standards, of sidewalks, curbs, gut- ters, street trees, and street drainage structures unless such improvements already exist along all street frontages adjoining the lot on which the building or parking lot is to be constructed, enlarged, or altered. Upon receipt of notification by the Director of Public Services/City Engineer, the Building Official shall deny issuance of a building permit, or deny approval for occupancy or deny final approval and acceptance for public utility connections to any such building or parking lot until required full frontage improvements exist to the satisfaction of the City Engineer. Said improvements shall be immediately constructed unless deferral of their construc- tion is approved by the Director of Public Services/City Engineer and is guaranteed by an executed agreement and/or cash deposit with the City in a sum approved by the Director of Public Services/City Engineer based upon one and one-half {l-l/2} times the estimated cost of construction. The construction guarantee agreement shall be executed and become effective on the date of the deposit of cash and shall expire upon the date of completion to the satisfaction of the Director of Public Services/City Engineer of all improvements required to be made. Upon completion of the improvements and their acceptance by the City, the cash deposit shall be returned to the owner. The City is authorized in the event of any default, to use any or all of the deposit money to cause all of the required work to be done or completed, and for payment of all costs and expenses thereof. Any money remaining shall be refunded to the owner of record of the property. The provisions of this section and any further sections requiring the construction of public improvements shall not apply to the following types of construction: 1. Alterations or reconstruction of a single family home; Construction of garages, carports, storage buildings, patio covers, swimming pools, spas, and similar structures, accessory to a single family residence. e Construction of an addition to and/or reconstruction of a building or structure equal to or less than 50 percent of the cost of the installa- tion of the public improvements; and 4. Exception to permits and inspections as currently contained in Section -- 301 of the Uniform Admlnistrative Code. Exhibit A Page 10 Ordinance No. 306 Page 12 15.06.040 Waiver of Immediate Construction of Public Improvements and Payment of Fees-in-Lieu. The Director of Public Services/City Engineer may waive the immediate construction of public improvements and require the payment of fees-in-lieu equal to the estimated cost of the required public improvements if one or more of the following conditions exist: The parcel under consideration is located adjacent to a principally unimproved roadway, and public improvements are not contiguous with the parcel boundary; Capital Improvement Plans {CIP} exist with either the City and/or Redevelopment Agency to construct the required public improvements whereby the public improvements would be more efficiently constructed as part of a larger, comprehensive project; and The Director of Public Services/City Engineer deteFmines that it would not be in the best interest of the City and/or the property owner to construct the public improvements because an unsafe condition may be created or undue long-termmaintenance costs may occur. Notwithstanding the other provisions of this section, every attempt should be made to i~.,ediately construct the required public improvements adjacent to roadways included as arterial highways on the City General Plan Circulation Plan. 15.06.050 Drainage Fees, Park Fees and Traffic Mitigation Fees. No building permit may be issued for a parcel unless drainage, park, and traffic mitigation fees have been paid as a condition to the creation of said parcel. If none have been paid, the application for said permit shall be accompanied by payment of the current fees as they would be prorated to said parcel if the par- cel were to be created on the day of application. The provision of this Section shall not apply to any of the following types of construction: 1. Alterations or reconstruction of a single family home; e Construction of garages, carports, storage buildings, patio covers, swimming pools, spas, and similar structures, accessory to a single family residence; ® Construction of an addition to and/or reconstruction of a building or structure equal to or less than §0 percent of the cost of the installa- tion of the public improvements; and e Exception to permits and inspections as currently contained in Section 301 of the Uniform Administrative Code. Ordinance No. 306 Page 13 Exhibit A Page 11 15.06.060 Appeals. The requirements of this chapter shall be levied as conditions of development pursuant to Ordinance 44, Development Review Procedure. Any appeal of the requirement of this ordinance shall follow the procedures set forth in Ordinance 44 if levied as part of conditions of develop- ment. Exhibit A Page 12 Ordinance No. 306 Page 14 Chapter 15.12 PLUMBING CODE Sections: 15.12.010 15.12.020 15.12.030 15.12.040 Adoption. Deletions, Revisions and Additions. Sections 10.1 through 20.14 Deleted. Appendices A, B, C, D, E, F, G, H and I Deleted. 15.12.010 Adoption of Uniform Plumbing Code. There is adopted as the City Plumbing Code, for the purpose of prescribing regulations in the City for the installation, alteration or repair of plumbing and drainage systems and permit requirements and inspection thereof, the Uniform Plumbing Code, 1988 Edition, including the appendices thereto, promulgated and published by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California 91789-2825 including such provisions as are hereinafter added, deleted or amended. 15.12.020 Deletlons~ Revisions and Additions to Uniform Plumbin9 Code. Deletions, revisions and additions to the Uniform Plumbing Code, 1988 Edition, shall be as set forth in Sections 15.12.030 through 15.12.040. 15.12.030 Sections 10.1 through 20.14 Deleted. Sections 10.1 through 20.14 of the Uniform Plumbing Code {Part I, Administration) are deleted. 15.12.040 Appendices A, B, C, D, E, F, G, H and I Deleted. Appendices A, B, C, D, E, F, G, H and I of the Uniform Plumbing Code are deleted. Exhibit A Page 13 Ordinance No. 306 Page 15 Chapter 15.16 Sections: 15.16.010 15.16.020 15.16.030 15.16.040 15.16.050 15.16.060 15.16.070 15.16.080 15.16.090 MECHANICAL CODE Adoption. Deletions, Revisions and Additions. Section 104 Deleted. Section 105 Deleted. Section 106 Deleted. Section 107 Deleted. Chapter 2 Deleted. Chapter 3 Deleted. Appendices B and C Deleted. 15.16.010 Adoption of Uniform Mechanical Code. There is adopted as the City Mechanical Code, for the purpose of prescribing regulations in the City for the installation, alteration or repair of mechanical systems and permit require- ments and inspection thereof, the Uniform Mechanical Code, 1988 Edition, including the appendices thereto, promulgated and published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, including such provisions as are hereinafter added, deleted, or amended. 15.16.020 Deletions, Revisions and Additions to Uniform Mechanical Code. Deletions, revisions and additions to the Uniform Mechanical Code, 1985 Edition, shall be as set forth in Sections 15.16.030 through 15.16.090. 15.16.030 is deleted. 15.16.040 is deleted. 15.16.050 is deleted. 15.16.060 is deleted. 15.16.070 deleted. 15.16.080 deleted. Section 104 Deleted. Section 105 Deleted. Section 106 Deleted. Section 107 Deleted. Chapter 2 Deleted. Chapter 3 Deleted. Section 104 of the Uniform Mechanical Code Section 105 of the Uniform Mechanical Code Section 106 of the Uniform Mechanical Code Section 107 of the Uniform Mechanical Code 15.16.090 Appendices B and C Deleted. Mechanical Code are deleted. Chapter 2 of the Uniform Mechanical Code is Chapter 3 of the Uniform Mechanical Code is Appendices B and C of the Uniform