Ordinance 10-08ORDINANCE NUMBER 1010-08
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF EASTVALE, CALIFORNIA ADOPTING THE
2010 EDITIONS OF THE CALIFORNIA BUILDING
CODE, CALIFORNIA RESIDENTIAL CODE,
CALIFORNIA GREEN BUILDING CODE,
CALIFORNIA PLUMBING CODE, CALIFORNIA
MECHANICAL CODE, CALIFORNIA ELECTRICAL
CODE AND THE 1997 EDITION OF THE UNIFORM
HOUSING CODE WITH APPENDICES AND
AMENDMENTS THERETO
THE CITY COUNCIL OF THE CITY OF EASTV ALE DOES ORDAIN AS FOLLOWS:
SECTION 1. THE CITY COUNCIL FINDS AS FOLLOWS:
1. Health and Safety code Section 18938 provides that the triennial
edition of the California Building Standards Code establishes building standards
for all occupancies throughout the State and requires that these standards
incorporated the various editions of the Technical Codes with necessary
California amendments.
2. Section 18938 also requires that such standards be applicable to all
cities and counties, subject to certain modifications described below.
3. On July 1, 2010, the State Building Standards Commission approved
and published the 2010 edition of the California Building Standards Code which
incorporated the various editions of the Technical Codes (Plumbing, Electrical,
and Mechanical) by reference with necessary California amendments.
4. The City is required to adopt the 2010 edition of the California
Building Standards Code which incorporates by reference the various editions of
the Technical Codes and all of the referenced standards tables, matrices and
appendices of each ofthese codes therein.
5. The California Building Standards Code also allows for modifications
required to meet specific climatic, topographic or geographic conditions within a
city when a city makes findings regarding such conditions, and the City makes
such findings as follows:
6. The City Council specifically finds that development has occurred and
will continue to occur in the City of Menifee at a rapid pace because Eastvale is
generally flat in topography, because of its topography and because this
topographical condition subjects the City to strong winds (Santa Ana's) which
can reach up to 60 plus miles per hour, additional requirements have been placed
on the separation walls between garages and residences.
7. The Council finds that the adoption of this ordinance is exempt from
the provisions of the California Environmental Quality Act pursuant to CEQA
Guidelines Section 15061 (b )(3 ).
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SECTION 2: Chaoters 8.01, 8.04, 8.12. 8.16 and 8.18 of the
Eastvale Municipal Code are repealed and readopted to read as follows and
Chapter 8.05 and 8.06 are added:
Sections:
8.01.010
8.01.020
Chapter 8.01
Administrative Provisions
Hours of Construction
Rubbish and Debris
8.01.020 Hours of Construction.
Hours of Construction. Any construction within the city located within one-
fourth (1 '4) mile from an occupied residence shall be permitted Monday through
Saturday, except nationally recognized holidays, 7:00 am to 7:00 pm. There
shall be no construction permitted on Sunday or nationally recognized holidays
unless approval is obtained from the City Building Official or City Engineer."
8.01.030 Rubbish and Debris.
Rubbish and Debris Every person who constructs, alters, adds to, rehabilitates,
places or repairs any building structure or building service equipment is subject
to the following provision relating to rubbish and debris:
I. Collection and Disposal. During the process of constructing a building
or structure, the construction site and the general area around the site shall be
kept clear of rubbish and debris that result from the construction activities.
Rubbish and debris shall not be allowed to accumulate on or be blown from the
site and shall be placed inappropriate containers or removed from the
construction site to an authorized disposal area. All containers shall be emptied
periodically at an authorized disposal area so they will remain usable for the
collection of rubbish and debris. When the building or structure is completed, a
final cleanup of the site shall be conducted by the permittee.
2. Inspections. A permit holder shall not be entitled to, and no building
inspector shall make an inspection of any phase of completed construction work,
including the final inspection, if the construction site or general area thereof
contains an accumulation of construction rubbish and debris. If a building
inspector is unable to conduct a requested inspection because of an
accumulation of rubbish and debris, a re-inspection fee may be assessed and
required to be paid prior to a request for re-inspection is made. Failure to
maintain a construction site clear of waste and other trash or debris, and in such
a manner that is determined to constitute a health and safety hazard or
constitutes a public nuisance, shall result in the issuance of a Stop Work order.
3. Rubbish and debris for the purpose of this section, includes, but is not
limited to, stub ends of cut lumber, broken lumber and other scrap wood, scrap
cement and plaster, scrap metal, paper cartons, wrappings, and similar materials
that result from the process of constructing a building or structure."
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Chapter 8.04
Building Code
Sections:
8.04.010Building Code Adopted
8.04.020Fees
8.04.030 Board of Appeals
8.04.040 Garage Requirements
8.04.050Duct Penetrations
8.04.060 Fences
Menifee Building Code
8.04.010 Adoption by Reference-Building Code. Except as hereinafter
changed or modified, the 2010 California Building Code, along with Appendices
C,G,H, I and K of that certain building code, as published by the California
Building Standards Commission, are hereby adopted by reference and
incorporated into the Eastvale Municipal Code. A copy of said California
Building code, including the above-designated appendices, shall be on file in the
office of the City Clerk.
8.04.020 Fees. Chapter I, Section 1.8.4. Permit Fees, Applications and
Inspections is amended by adding the following:
"On buildings, structures, electrical, gas, mechanical and plumbing systems or
alterations requiring a permit, a fee for each permit shall be paid in accordance
with the schedule as established by resolution of the City Council of the City of
Eastvale."
8.04.030 Board of Appeals. Chapter I Section 1.8.8.1 is hereby amended by
adding the following:
1.8.8.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and
interpretation of this code, there shall be and is hereby created a Building Board
of Appeals. The Building Board of Appeals shall be appointed by the City
Council and shall hold office at its pleasure. The Board shall adopt rules of
procedure for conducting its business. In the event the City Council fails to
appoint such a Board, the Planning Commission shall function as such.
1.8.8. Board of Appeals. Section 1.8.8 is further amended by adding the
following:
1.8.8.4 Limitations on Authority. An application for appeal shall be based on
a claim that the true intent of this code or the rules legally adopted thereunder
has been incorrectly interpreted, the provisions of this code do not fully apply or
an equally good or better form of construction is proposed. The Board shall have
no authority to waive requirements of this code.
1.8.8.5 Qualifications. The Building Board of Appeals shall consist of
members who are qualified by experience and training to pass on matters
pertaining to building construction and who are not employees of the City. The
Building Official
shall act as secretary to the Board.
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1.8.8.6 Accessibility Appeals Board. In order to conduct the hearings on
written appeals regarding action taken by the building official and to ratifY
certain exempting actions of the building official in enforcing the accessibility
requirements of Title 24 of the California Code of Regulations for privately-
funded construction, to serve as an advisor to the building official on disabled
access matters, and to make recommendations to the City Council on appeals of
decisions made by the building official on City-funded buildings, there shall be
an Accessibility Appeals Board. The Accessibility Appeals Board shall consist
of five members. Two members of the Appeals Board shall be physically
disabled persons, two members shall be persons experienced in construction,
and one member shall be a public member. The Building Official shall act as
Secretary to the Board. The members of the Accessibility Appeals Board shall
be appointed by the City Council and shall hold office at its pleasure.
The Accessibility Appeals Board may approve or disapprove interpretations and
enforcement actions taken by the Building Official. All such approvals or
disapprovals for privately funded construction shall be final and conclusive as to
the Building Official in the absence of fraud or prejudicial abuse of discretion.
The Board shall adopt regulations establishing procedural rules and criteria for
the carrying out of its duties.
8.04.030 Garage Requirements. Chapter 4, Section 406.1.4, I, is hereby
amended to read as follows:
The private garage shall be separated from the dwelling unit and its attic by
means of a minimum 5/8-inch (15.875mm) Type X Gypsum Board applied to
the garage side. Garages beneath habitable rooms shall be separated from all
habitable rooms above by not less than a 518-inch Type X Gypsum Board or
equivalent. Door openings between a private garage and the dwelling unit shall
be equipped with either solid wood doors or solid or honeycomb core steel doors
not less than I 3 18 inches (34.9mm) thick, or doors in compliance with Section
715.3. Openings from a private garage directly into a room used for sleeping
purposes shall not be permitted. Doors shall be self-closing and self-latching."
8.04.040 Duct Penetrations. Chapter 4, Section 406.1.4, 2, is hereby amended
to read as follows:
"Ducts in a private garage and ducts penetrating the walls or ceilings separating
the dwelling unit from the garage shall be constructed of a minimum 0.019-inch
(0.48mm) sheet steel and shall have no openings into the garage.
All penetrations shall be protected by an approved and listed one (1) hour rated
material."
8.04.050 Fences. Chapter 1, Section 105.2, 2, is hereby amended to read as
follows:
"2. Fences not over six (6) feet high, masonry block walls less than three
(3) feet high."
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Chapter 8.05
Residential Code
8.05.010 Adoption of the California Residential Code
Except as hereinafter modified or changed, the 2010 California Residential Code
published by the California Building Standards Commission are hereby adopted
by reference and incorporated into the Eastvale Municipal Code.
A copy of said California Residential Code, shall be on file in the office of the
City Clerk
Chapter 8.06
Green Building Code
8.06.010 Adoption of the Green Building Standards Code
Except as hereinafter modified or changed, the 2010 California Green Building
Standards Code published by the California Building Standards Commission is
hereby adopted by reference and incorporated into the Eastvale Municipal Code.
A copy of said California Green Building Standards shall be on file in the office
of the City Clerk
Chapter 8.08
Electrical Code
Sections:
8.08.010Adoption of Electrical Code
8.08.020Commercial Projects
Except as hereinafter changed or modified, the 2010 California Electrical Code,
Annexes A, B, C, G and H_of that certain electrical code, as published by the
California Building Standards Commission, are hereby adopted by reference and
incorporated into the Eastvale Municipal Code.
8.08.020 Commercial Projects. Annex H, Section 80.19 is hereby amended
by adding subsection (3) which reads as follows:
"(3) For all commercial projects, a California Licensed Electrical Contractor
shall be responsible for obtaining permits for electrical work performed."
A copy of said California Electrical Code, including the above-designated
appendix, shall be on file in the office of the City Clerk
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8.12.010
Chapter 8.12
Mechanical Code
Adoption of Mechanical Code
Except as hereinafter changed or modified, the 2010 California Mechanical
Code, and Appendix A, of that certain mechanical code known as published by
the California Building Standards Commission, are hereby adopted by reference
and incorporated into the Eastvale Municipal Code.
A copy of said California Mechanical Code, including the above-designated
appendices, shall be on file in the office of the City Clerk.
Chapter 8.16
Plumbing Code
8.16.010 Adoption of Plumbing Code
Except as hereinafter changed or modified, the 20 I 0 California Plumbing Code,
and Appendices of that certain plumbing code as published by the California
Building Standards Commission, are hereby adopted by reference and
incorporated into the Eastvale Municipal Code.
A copy of said California Plumbing Code, including the above-designated
appendices, shall be on file in the office of the City Clerk.
Chapter 8.18
Housing Code
8.18.010 Adoption of Housing Code
Except as hereinafter modified or changed, the 1997 Uniform Housing Code
published by the International Conference of Building Officials and adopted as
reference in the State Housing Law, Title 25, of the California Code of
Regulations, Division 1, is hereby adopted by reference and incorporated into
the Eastvale Municipal Code.
A copy of said Uniform Housing Code, shall be on file in the office of the City
Clerk.
SECTION 3: This ordinance shall become effective on Februar
PASSED, APPROVED AND ADOPTED this 12th day of Jan
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTV ALE )
I, Judy L. Haughney, INTERIM CITY CLERK OF THE CITY OF EASTV ALE, DO HEREBY
CERTIFY that the foregoing Ordinance Number 2010-08 was duly and regularly adopted by the City Council of the
City ofEastvale at a regular meeting held the 12th day of January, 2011, by the following called vote:
AYES: Council Members Howell, Welch, Bootsma, Mayor Pro Tern
DeGrandpre and Mayor Rush
NOES: None
ABSENT: None
ABSTAIN: None
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