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Ord 759ORDINANCE NO. 759 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, REPEALING CHAPTER 15.04 OF THE POWAY MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 15.04, REGARDING THE 2013 CALIFORNIA BUILDING STANDARDS, INCORPORATING BY REFERENCE THEREIN THE CALIFORNIA BUILDING CODE, 2013 EDITION WHEREAS, the City of Poway last revised its construction codes on July 19, 2011; 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, on January 7, 2014, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1: The City Council finds that local climatic; geographical and topographical conditions, including the terrain; high summer month temperatures; population growth rate; housing and occupancy conditions and needs; and the environment existing in the City of Poway constitute conditions which require that the California Building Code be modified as set forth herein. 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) of the State CEQA Guidelines (Chapter 3 of Title 14 of the California Code of Regulations) in that it entails the adoption of the State - mandated Building Codes with minor amendments. Section 3: Chapter 15.04 of the Poway Municipal Code (PMC) is hereby repealed. Section 4: A new Chapter 15.04 of the PMC is hereby added to read as follows: 4 Ordinance No. 759 Page 2 Chapter 15.04 BUILDING CODE Sections: 15.04.010 Adoption. 15.04.020 Findings. 15.04.030 Deletions, revisions and additions to the California Building Code. 15.04.040 Chapter 1, Administration, deleted. 15.04.050 Table 1505.1 Amended. 15.04.060 Appendices. 15.04.010 Adoption. There is hereby 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 2013 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, 2012 Edition, including those Appendix Chapters adopted by this chapter. Except as otherwise provided by this chapter and Chapter 15.02 of the City of Poway Municipal Code, all erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures within the City of Poway shall be in conformance with the 2013 California Building Code, published by the California Building Standards Commission, which is based on the International Building Code, 2012 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 2013 California Building Code. Therefore, this chapter alters the International Building Code, 2012 Edition, to require more fire retardant roof coverings. 15.04.030 Deletions, revisions and additions to the California Building Code. Deletions, revisions and additions to the 2013 California Building Code, shall be as set forth in 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, 2013 Edition, is deleted. Ordinance No. 759 Page 3 15.04.050 Table 1505.1 Amended. Table 1505.1 of the 2013 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 2013 California Building Code, are adopted herein as part of the City's Building Code. 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. Introduced and first read at a regular meeting of the City Council of the City of Poway held the 7th day of January 2014, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 21st day of January 2014. ATTEST: 9fieila R. Cobian, CMC, City Clerk 000000000 15.04.060 Appendices. Appendix Chapters C, H and I of the 2013 California Building Code, are adopted herein as part of the City's Building Code. 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. Introduced and first read at a regular meeting of the City Council of the City of Poway held the 7th day of January 2014, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 21st day of January 2014. ATTEST: 9fieila R. Cobian, CMC, City Clerk Ordinance No. 759 Page 4 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 759, was duly adopted by the City Council at a meeting of said City Council held on the 21st day of January 2014, and that it was so adopted by the following vote: AYES: MULLIN, CUNNINGHAM, VAUS, GROSCH NOES: NONE ABSENT: HIGGINSON DISQUALIFIED: NONE Sheila R. Cobian, CIVIC, City Clerk City of Poway