Ord 728ORDINANCE NO. 728
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, REPEALING
CHAPTERS 15.04, 15.08, 15.12, 15.16, AND 15.18, AND SECTION 17.42.030.G
OF THE POWAY MUNICIPAL CODE AND ADDING NEW CHAPTERS 15.04,
15.08, 15.10, 15.12, 15.16, 15.18, AND 15.22, ADOPTING BY REFERENCE THE
2010 CALIFORNIA BUILDING STANDARDS CODES, WHICH INCLUDE
THE 2010 CALIFORNIA BUILDING CODE, THE 2010 CALIFORNIA
ELECTRICAL CODE, THE 2010 CALIFORNIA PLUMBING CODE, THE
2010 CALIFORNIA MECHANICAL CODE, THE 2010 CALIFORNIA ENERGY
CODE, THE 2010 CALIFORNIA RESIDENTIAL CODE, AND THE 2010
CALIFORNIA GREEN BUILDING STANDARDS CODE; AND FURTHER
ADDING A NEW SECTION 17.42.030.G OF THE POWAY MUNICIPAL CODE TO
REVISE THE MINIMUM OFF - STREET BICYCLE PARKING REQUIREMENTS.
WHEREAS, the City of Poway last revised its building codes on
November 27, 2007; and
WHEREAS, California Health and Safety Code Section 17958 requires that cities
adopt building regulations that are substantially the same as those adopted by the
California Building Standards Commission; and contained in the California Building
Standards; and
WHEREAS, the California Green Building Standards Code provides standards
for off -site bicycle parking differing from those found in the Poway Zoning Ordinance,
thereby requiring revision to Chapter 17.42 of the Poway Municipal Code; and
WHEREAS, on July 19, 2011, the City Council held duly advertised public
hearings to solicit comments from the public on this proposed Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council finds that the modifications and changes to the
California Building Standards Code are reasonably necessary because of the following
climatic, geologic, and topographical conditions:
A. The City is situated in hilly, inland terrain. Approximately 50% of the area 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 chaparral. Natural firebreaks in these areas are insignificant.
B. The climate in the City of Poway is warm and dry. The winds prevail from the
west, with seasonal, strong dry east winds that vary in duration and intensity.
These winds can significantly enlarge wildland fire, as well as cause abrupt and
unpredictable changes in fire direction. Temperatures ranging between 75 and
100 degrees Fahrenheit are common throughout the year.
Ordinance No. 728
Page 2
C. The potential for fire damage is great in the wildland areas; as such, a fire can
spread rapidly, and difficult terrain and explosive vegetation can slow response
time.
D. Rural roads include many narrow winding roadways, often with grades in excess
of that for optimal response time for large fire apparatus. An additional factor
affecting response time is the distance between the fire stations and the fire
location.
E. The water supply is limited making it necessary for fire apparatus to travel time -
consuming distances to refill once their initial water supply has been utilized.
Section 2 : The City Council of the City of Poway finds that this project is
exempt from the provisions of the California Environmental Quality Act ( "CEQA ")
pursuant to Section 15061(b)(3) in that it entails the adoption of State mandated
Building Codes, with minor amendments, and will not have a significant effect on the
environment.
Section 3 : Chapters 15.04, 15.08, 15.12, 15.16 and 15.18, and Section
17.42.030, of the Poway Municipal Code are hereby repealed.
Section 4 : Chapter 15.04, the City Building Code, is added to Title 15 of the
Poway Municipal Code to read as follows:
15.04.010 Adoption. There is adopted and incorporated by reference herein as the
City Building Code for the purpose of prescribing regulations in the City of Poway for the
erection, construction, enlargement, alteration, repair, moving, removal, conversion,
demolition, occupancy, equipment, use, height, area, and maintenance of buildings and
structures, the 2010 California Building Code, Part 2, Title 24 of the California Code of
Regulations, a portion of the California Building Standards Code, as defined in the
California State Health and Safety Code, Section 18901 et seq., which is based on the
International Building Code, 2009 Edition, including those Appendix Chapters adopted
by this Chapter. Except as otherwise provided by this Chapter and Chapter 15.02
Poway Municipal Code, all erection, construction, enlargement, alteration, repair,
moving, removal, conversion, demolition, occupancy, equipping, use, height, area and
maintenance of buildings and structures within the City of Poway shall be in
conformance with the 2010 California Building Code, published by the California
Building Standards Commission, which is based on the International Building Code,
2009 Edition and the adopted Appendix Chapters, published by the International Code
Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478.
15.04.020 Findings. The City of Poway has many large brush - covered hillsides. The
City is subject to frequent Santa Ana conditions consisting of dry gusting winds, which
create extreme fire dangers. The City Council specifically finds that these geographic
and topographic conditions necessitate greater fire protection than that provided by the
2010 California Building Code. Therefore, this Chapter alters the International Building
Code, 2009 Edition, to require more fire retardant roof coverings.
Ordinance No. 728
Page 3
15.04.030 Deletions, revisions and additions to the California Building Code.
Deletions, revisions and additions to the 2010 California Building Code, shall be as set
forth in the Poway Municipal Code, Sections 15.04.040 through 15.04.060.
15.04.040 Chapter 1, ADMINISTRATION, Deleted. Chapter 1, DIVISION II
ADMINISTRATION, of the California Building Code, 2010 Edition, is deleted.
15.04.050 Table 1505.1 Amended. Table 1505.1 of the 2010 California Building
Code is amended to read as follows:
TABLE 1505.1
MINIMUM ROOF COVERING CLASSIFICATION
FOR TYPES OF CONSTRUCTION
15.04.060 Appendices. Appendix Chapters C, H and I of the 2010 California Building
Code, are adopted herein as a part of the City's Building Code.
Section 5 : Chapter 15.08, the City Electrical Code, is added to Title 15 of the
Poway Municipal Code to read as follows:
15.08.010 Adoption. There is hereby adopted and incorporated by reference herein
as the City Electrical Code for the purpose of prescribing regulations in the City of
Poway for the installation, alteration or repair of electrical systems and permit
requirements and inspection thereof, the 2010 California Electrical Code, Part 3, Title 24
of the California Code of Regulations, a portion of the California Building Standards
Code which is based on the National Electrical Code, 2008 Edition. Except as
otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal
Code, all installation, alteration or repair of electrical systems within the City of Poway
shall be in conformance with the 2010 California Electrical Code, published by the
California Building Standards Commission, which is based on the National Electrical
Code, 2008 Edition, published by the National Fire Protection Association, Battery
March Park, Quincy, MA 02269.
Section 6 : Chapter 15. 10, the City Residential Code, is added to Title 15 of the
Poway Municipal Code to read as follows:
15.10.010 Adoption. There is adopted and incorporated by reference herein as City
Residential Code for the purpose of prescribing regulations in the City of Poway for the
construction, alteration or repair of use and occupancy, location and maintenance of
detached one- and two- family dwellings and townhouses not more than three stories
above grade plane and permit requirements and inspection thereof, 2010 California
Residential Code, Part 2.5, Title 24 of the California Code of Regulations, a portion of
the California Building Standards Code published by the California Building Standards
Commission which is based on the International Residential Code published by the
International Code Council, 4051 West Flossmoor Road, Country Club Hills, 1160478.
Ordinance No. 728
Page 4
15.10.020 Findings. The City of Poway has many large brush - covered hillsides. The
City is subject to frequent Santa Ana' conditions consisting of dry gusting winds, which
create extreme fire dangers. The City Council specifically finds that these climatic,
geographic and topographic conditions necessitate greater fire protection than that
provided by the 2010 California Residential Code. Therefore, this Chapter alters the
California Residential Code to require more fire retardant roof coverings.
15.10.030 Deletions revisions and additions. Deletions, revisions and additions to
the 2010 California Residential Code shall be as set forth in the Poway Municipal Code,
Sections 15.10.040 through 15.10.060.
15.10.040 Chapter 1, DIVISION II, ADMINISTRATION deleted. Chapter 1, Division
II, Administration, of the California Residential Code is deleted.
15.10.050 Section R902.1.3 amended. Section R902.1.3 of the California Residential
Code is amended to read as follows:
R902.1.3 Roof coverings in all other areas. The entire roof covering of every
existing structure where more than 50 percent of the total roof area is replaced
within any one -year periods, the entire roof covering of every new structure, and
any roof covering applied in the alteration, repair or replacement of the roof of every
existing structure, shall be a fire- retardant roof covering that is at least Class A.
15.10.060 Appendix H adopted, Appendix H of the 2010 California Residential Code
is adopted.
Section 7 : Chapter 15.12, the City Plumbing Code, is added to Title 15 of the
Poway Municipal Code to read as follows:
15.12.010 Adoption. There is adopted and incorporated by reference herein as the
City Plumbing Code for the purpose of prescribing regulations in the City of Poway for
the construction, alteration, moving, demolition, repair and use of all plumbing, gas or
drainage piping and systems or water heating or treating equipment in or on any
building or structure or outdoors on any premises or property, the 2010 California
Plumbing Code, Part 5, Title 24 of the California Code of Regulations, a portion of the
California Building Standards Code, as defined in the California Health and Safety
Code, Section 18901 et seq., which is based on the Uniform Plumbing Code 2009
Edition. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of
Poway Municipal Code, all construction, alteration, moving, demolition, repair and use
of all plumbing, gas or drainage piping and systems or water heating or treating
equipment within the City of Poway shall be in conformance with the 2010 California
Plumbing Code published by the California Building Standards Commission which is
based on the Uniform Plumbing Code, 2009 Edition, published by the International
Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut,
CA 91789 -2825.
15.12.020 Deletions. Deletions to the 2010 California Plumbing Code shall be as set
forth in the Poway Municipal Code, Sections 15.12.030 and 15.12.040.
Ordinance No. 728
Page 5
15.12.030 Chapter 1, DIVISION II ADMINISTRATION Deleted. Chapter 1, DIVISION
II ADMINISTRATION of the California Plumbing Code, 2010 Edition, is deleted.
15.12.040 Appendices G and I Adopted. Appendices G and I of the California
Plumbing Code are adopted herein as a part of the City's Plumbing Code.
Section 8 : Chapter 15.16, the City Mechanical Code, is added to Title 15 of
the Poway Municipal Code to read as follows:
15.16.010 Adoption. There is adopted and incorporated by reference herein as the City
Mechanical Code for the purpose of prescribing regulations in the City of Poway for the
erection, installation, alteration, repair, relocation, replacement, addition to, use or
maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or
other miscellaneous heat - producing appliances, the 2010 California Mechanical Code,
Part 4, Title 24 of the California Code of Regulations, a portion of the California Building
Standards Code, as defined in the California Health and Safety Code, Section 18901 et
seq. which is based on the Uniform Mechanical Code, 2009 Edition. Except as
otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal
Code, all erection, installation, alteration, repair, relocation, replacement, addition to,
use or maintenance of any heating, ventilating, cooling, refrigeration systems,
incinerators or other miscellaneous heat - producing appliances shall be in conformance
with the 2010 California Mechanical Code, published by the California Building
Standards Commission and any rules and regulations promulgated pursuant thereto.
15.16.020 Deletions. Deletions to the 2010 California Mechanical Code shall be as
set forth in Section 15.16.030.
15.16.030 Chapter 1 -- DIVISION II Deleted. Chapter 1 -- DIVISION II
ADMINISTRATION, of the California Mechanical Code, 2010 Edition, is deleted.
Section 9 : Chapter 15.18, the City Energy Code, is added to Title 15 of the
Poway Municipal Code to read as follows:
15.18.010 Adoption. There is hereby adopted and incorporated by reference herein as
the City Energy Code for the purpose of prescribing regulations in the City of Poway for
the conservation of energy the 2010 California Energy Code, Part 6, Title 24 of the
California Code of Regulations, a portion of the California Building Standards Code, as
defined in the California Health and Safety Code, Section 18901 et seq. and the
California Energy Code, 2010 Edition. Except as otherwise provided by this Chapter
and Chapter 15.02 of the City of Poway Municipal Code, all construction of buildings
where energy will be utilized shall be in conformance with the 2010 California Energy
Code and any rules and regulations promulgated pursuant thereto, including the
California Energy Code, 2010 Edition, published by the California Energy Commission.
Section 10 : Chapter 15.22, the City Green Building Standards Code, is added
to Title 15 of the Poway Municipal Code to read as follows:
Ordinance No. 728
Page 6
15. 22.010 Adoption. There is hereby adopted and incorporated by reference herein
as the City Green Building Standards Code for the purpose of prescribing regulations in
the City of Poway, for the enhancement of the design and construction of buildings
through the use of building concepts having a reduced negative impact or positive
environmental impact and to encourage sustainable construction practices, the 2010
California Green Building Standards Code, Part 11, Title 24 of the California Code of
Regulations; a portion of the California Building Standards Code, as defined in the
California Health and Safety Code, Section 18901 et seq.; and the California Green
Building Standards Code. Except as otherwise provided by this Chapter and Chapter
15.02 of the City of Poway Municipal Code, all construction of buildings shall be in
conformance with the 2010 California Green Building Standards Code and any rules
and regulations promulgated pursuant thereto, including the California Green Building
Standards Code 2010 Edition, published by the California Building Standards
Commission
Section 11 : A new Poway Municipal Code Section 17.42.030.G of Chapter
17.42 is added to Title 17 of the Poway Municipal Code to read as follows:
G. Bicycle Parking Requirements. Provide permanently anchored bicycle racks
within 100 feet of the visitors' entrance for 5% of automobile spaces required. Bicycle
parking facilities shall be stationary storage racks or devices designed to secure the
frame and wheel of the bicycle.
Section 12 : When the requirements of the Poway Municipal Code conflict with
the requirements of any other part of the California Building Standards Code, Title 24,
the most restrictive requirements shall prevail.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of 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.
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway held the 19th day of July 2011, and thereafter PASSED and ADOPTED at a
regular meeting of said City Council held the 2nd day of August 2011.
Don Higginson, May r
ATTEST:
Lin . T oyan, MMC, City Clerk
Ordinance No. 728
Page 7
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, that
the foregoing Ordinance No. 728 was duly adopted by the City Council at a meeting of
said City Council held on the 2nd day of August 2011, and that it was so adopted by the
following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
in A. Troyan, MMC, Clerk
Ci of Poway