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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 ). 1 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." 2 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. 3 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." 4 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 5 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 6 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 7