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Ord 761ORDINANCE NO. 761 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, REPEALING CHAPTER 15.10, OF THE POWAY MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 15.10, REGARDING THE 2013 CALIFORNIA BUILDING STANDARDS, INCORPORATING BY REFERENCE THEREIN THE CALIFORNIA RESIDENTIAL 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 Section 3: Chapter 15.10 of the Poway Municipal Code (PMC) is hereby repealed. Section 4: A new Chapter 15.10 of the PMC is hereby added to read as follows: Ordinance No. 761 Page 2 Chapter 15.10 RESIDENTIAL CODE Sections: 15.10.010 Adoption. 15.10.020 Findings. 15.10.030 Deletions, revisions and additions. 15.10.040 Chapter 1, Division II, Administration, deleted. 15.10.050 Section R902.1.3 amended. 15.10.060 Appendix H adopted. 15.10.10 Adoption. There is hereby 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, 2013 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, IL 60478. 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 geographic and topographic conditions necessitate greater fire protection than that provided by the 2013 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 2013 California Residential Code shall be as set forth in 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 that 50 percent of the total roof area is replaced within any one -year period, 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. Ordinance No. 761 Page 3 15.10.060 Appendix H adopted. Appendix H of the 2013 California Residential Code is adopted. 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 21 st day of January 2014. ATTEST: Sheila R. Cobian, CMC, City Clerk STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 761, 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 eila R. Cobian, CMC, City Clerk City of Poway