HomeMy WebLinkAbout784 - OrdinancesORDINANCE NO. 784
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTERS
15.04, 15.12, 15.16, 15.20, 15.24, 15.28 AND 15.32, OF TITLE 15,
OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND
ADOPTING BY REFERENCE THE 2007 CALIFORNIA BUILDING
CODE, INCORPORATING THE "INTERNATIONAL BUILDING
CODE, VOLUMES 1 AND 2", 2006 EDITION INCLUDING
APPENDICES THERETO; THE 2007 CALIFORNIA MECHANICAL
CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE",
2006 EDITION; INCLUDING APPENDICES THERETO; THE 2007
CALIFORNIA PLUMBING CODE, INCORPORATING THE
"UNIFORM PLUMBING CODE", 2006 EDITION, INCLUDING
APPENDICES THERETO; THE 2007 CALIFORNIA ELECTRICAL
CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE",
2005 EDITION, INCLUDING APPENDICES; TOGETHER WITH
CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND
EXCEPTIONS
A. RECITALS.
(i) Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the California
Government Code authorizes the adoption, by reference of the Codes
specified in the title of the Ordinance.
(ii) At least one copy of each of said Codes certified as full, true and correct
copies thereof by the City Clerk of the City of Rancho Cucamonga have
been filed in the Office of the City Clerk in accordance with the provisions
of Government Code Section 50022.6.
(iii) A duly noticed public hearing, as required by California Government Code
Section 50022.3, has been conducted and concluded priorto the adoption
of this Ordinance.
(iv) All legal prerequisites to the adoption of this ordinance have occurred.
B. ORDINANCE.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby
find, determine and ordain as follows:
SECTION 1: In all respects as set forth in the Recitals, Part A, of this Ordinance.
SECTION 2: Chapters 15.04, 15.12, 15.16, 15.20, 15.24, 15.28 and 15.32 of Title
15 of the Rancho Cucamonga Municipal Code, entitled Buildings and
Construction, are hereby amended as provided for herein, provided
that said amendments shall not apply to or excuse any violation
Ordinance No. 784
Page 2 of 13
thereof occurring prior to the effective date of this Ordinance and
provided further that the provisions of Title 15 as exist prior to the
adoption of this ordinance shall continue to be applicable to
construction for which permits have been issued prior to the effective
date of this Ordinance.
SECTION 3: Chapter 15.04 of Title 15 of the Rancho Cucamonga Municipal Code
is hereby amended to read as follows:
"CHAPTER 15.04
CODES ADOPTION
Section:
15.04.010 Codes adoption.
15.04.010 Codes adoption.
2007 California Building Code, incorporating the "International Building Code,
Volumes 1 and 2", 2006 Edition, including appendices thereto; the 2007 California
Mechanical Code, incorporating the "Uniform Mechanical Code", 2006 Edition;
including appendices thereto; the 2007 California Plumbing Code, incorporating the
"Uniform Plumbing Code", 2006 Edition, including appendices thereto; the 2007
California Electrical Code, incorporating the "National Electrical Code ", 2005
Edition; including appendices thereto; the "Uniform Code.for the Abatement of
Dangerous Building", 1997 Edition; and the "Uniform Housing Code, 1997 Edition;
are hereby adopted in their entirety as the Building and Construction Regulations of
the City of Rancho Cucamonga, togetherwith the amendments, deletions, additions,
and exceptions set forth in Chapters 15.04, 15.12, 15.16, .15.20, 15.24, 15.28 and
15.32 below."
SECTION 4: Chapter 15.12 of the Rancho Cucamonga Municipal Code is hereby
amended to read, as follows:
"CHAPTER 15.12
BUILDING CODE
Sections:
15.12.005 Adoption of Appendix Chapter 1.
15.12.010 Section 105.2 of Appendix Chapter 1 Amended -
Work Exempt from permit.
15.12.020 Section 112.1 and 112.3 of Appendix Chapter 1 Amended -
Board of Appeals.
Ordinance No. 784
Page 3 of 13
15.12.030 Section 903 Amended -Automatic Sprinkler System.
15.12.040 Table 1505.1 Amended -Minimum Roof Classes.
15.12.050 Section 1609.3 Amended -Basic Wind Speed.
15.12.060 Section 1614, 1614.1, 1614.1.1 Amended -Minimum Seismic
Base Shear Provisions of ASCE 7-02.
15.12.070 Appendix Chapters Deleted.
15.12.080 Section J101.1 of Appendix JAmended -Scope.
15.12.090 Section J101 of Appendix J Amended -Special Requirements for
Hazardous Conditions.
15.12,100 Section J103.2 of Appendix JAmended -Exemptions.
15.12.110 Section J104 of Appendix JAmended - As Built Plans.
15.12.120 Section J110.3 of Appendix JAmended -Temporary Erosion
Control During Grading.
15.12.130 Section J112 of Appendix JAdded -Protection of
Adjacent Property.
15.12.140 Section J113 of Appendix JAdded -Dust Control.
15.12.005 Adoption of Appendix Chapter 1 of the California Building Code.
Appendix Chapter 1 of the California Building Code is hereby adopted and shall
become the administrative provisions of the City of Rancho Cucamonga for
regulating the construction, erection, enlargement, alteration, repair, moving,
removal, demolition, conversion, occupancy, equipment, use and occupancy and
maintenance of all buildings and/or structures in the City.
15.12.010 Section 105.2 Of Appendix Chapter 1 Amended -Work exempt from permit.
Section 105.2 of the Building Code is hereby amended by amending item 2 and adding a new
item 14 to read as follows:
2. Wood, chain-link, plastic, metal or similar fences not over 6 feet in height or
masonry, concrete fence not over 3 feet in height above the lowest adjacent
grade unless supporting a surcharge or impounding class I, II or III-A liquids.
14. Flag pole not to exceed 20 feet in height above ground in a residential lot
15.12.020 Section 112.1 and 112.3 Of Appendix Chapter 1 Amended -Board of Appeals.
The Section of 112.1 and 112.3 of Appendix Chapter 1 is hereby amended to read
as follows:
112.1. General.
In order to hear and decide appeals of orders, decisions or determination made
by the Building and Safety Official relative to the application and interpretation of
this code, there shall be and is hereby created a Board of Appeals consisting of
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Page 4 of 13
3 members and 2 alternates who are qualified by experience and training to pass
on matters pertaining to building construction and who are not employees of the
jurisdiction. The Building and Safety Official shall be an ex officio member of and
shall act as Secretary to said Board but shall have no vote on any matter before
the Board. The Board shall adopt rules of procedure for conducting its business,
and shall render all decisions and findings in writing to the appellant with a
duplicate copy to the Building and Safety Official.
112.3. Qualifications. Deleted.
15.12.030 Section 903 in Amended -Automatic Sprinkler System.
Refer to the code amendments adopted for Section 903 of California Fire Code -Automatic
Sprinkler Systems, all of which are incorporated by reference herein.
15.12.040 Table 1505.1 Amended -Minimum roof classes
Table 1505.1 is hereby amended to read as follows:
Table 1505.1
Minimum Roof Covering Classification for different types of construction for new buildings, re-roofs
or additions.
IA IB IIA IIB IIIA IIIB IV VA VB
A A A A A A B B B
15.12.050 Section 1609.3 Amended -Basic Wind Speed.
Section 1609.3 is hereby amended to by adding a sentence at the end of the section to read as
follows:
For areas north of Banyan Street, new structures shall be designed for a minimum wind
speed Vrm of 85 miles per hour.
15.12.060 Section1614, 1614.1, 1614.1.1 -Amended -Minimum Seismic
Base Shear Provisions of ASCE. 7-02 adopted.
Section 1614, 1614.1 and 1614.1.1 are hereby added to the Building Code to read as
follows:
Section 1614
Modifications to ASCE 7
1614.1 General. The Text of ASCE 7 shall be modified as indicated in this Section.
1614.1.1 ASCE 7, Section 12.8.1.1 Modify ASCE 7 Section 12.8.1.1 by amending Equation 12.8-5
as follows:
Cs = 0.044 Sosl (Eq. 12.8-5)
Ordinance No. 784
Page 5 of 13
15.12.070 Appendix Chapters Deleted.
Appendices chapters B, C, D, F, H in the Building Code are hereby deleted.
15.12.080 Section J101-1 of Appendix JAmended -Scope
J101.1 Scope. The provisions of this chapter apply to grading, excavation
and earthwork construction, including fills and embankments. Where conflicts
occur between and technical requirements of this chapter and the soils report,
the soils report shall govern. The designs of the above work as described
above need to meet the recognized and accepted civil and geotechnical
engineering practices and principles.
15.12.090 Section J 101 of Appendix JAmended -Special Requirements for
Hazardous Conditions.
Section J101.3 is hereby added to read as follows:
J101.3 Special Requirements for Hazardous Conditions.
Whenever the Building and Safety Official determines that any existing excavation or
embankment or fill on private property has become a hazard to life and limb, or endangers
property, or adversely affects the safety, use or stability of a public way or drainage channel,
the owner of the property upon which the excavation or fill is located, or other person or
agent in control of said property, upon receipt of notice in writing from the Building and
Safety Official, shall within the period specified therein repair or eliminate such excavation or
embankment to eliminate the hazard and to be in conformance with the requirements of this
code.
15.12.100 Section J103.2 of Appendix J -Amended -Exemptions.
Section J 103.2 is hereby amended to read as follows:
J103.2 Exemptions:
A grading permit is not required for the following:
1. When approved by the Building and Safety Official, grading in an isolated, self-
contained area if there is no danger to private or public property.
An excavation below finished grade for basements and footings of a building,
retaining wall or other structure authorized by a valid building permit. This shall
not exempt any fill made with the material from such excavation or exempt any
excavation having an unsupported height greater than 5 feet (1524mm) afterthe
completion of such structure.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
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Page 6 of 13
5. Excavations for wells or tunnels or utilities.
6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel,
aggregate or clay where established and provided for by law, provided such
operations do not affect the lateral support or increase the stresses in or
pressure upon any adjacent or contiguous property.
7. Exploratory excavations under the direction of soil engineers or engineering
geologists.
8. An excavation that (1) is less than 2 feet (610mm) in depth or (2) does not create
a cut slope greater than 5 feet (1524mm) in height and steeper than 1 unit
vertical in 2 units horizontal.
9. A fill less than 1 foot (305mm) in depth and placed on natural terrain with a slope
flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet
(914mm) in depth, not intended to support structures, that does not exceed 50
cubic yards (38.3m) on any one lot and does not obstruct a drainage course.
Exemption from the permit requirements of this chapter shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of
this chapter or any other laws or ordinances of this jurisdiction.
15.12.110 Section J104 of Appendix JAmended - As-built plans.
Section J 104.5 is hereby added to read as follows:
J104.5 As-built plans. The permittee shall provide a copy of as-built plans to the
City for a permanent record at the end of the approved grading work.
15.12.120 Section J110.3 of Appendix J Amended -Temporary Erosion Control during
grading.
Section J110.3 is hereby added to read as follows:
J110.3 Temporary Erosion Control during grading work.
The permittee shall put into effect and maintain all precautionary measures necessary to
protect adjacent watercourses and public or private property from damage by erosion,
flooding, and deposition of mud or debris origination from the site during the grading
operation.
15.12.130 Section J112 of Appendix JAdded -Protection of adjacent property.
Section J112 is hereby added to read as follows:
J112 Protection of Adjacent Property. During grading operations, the permittee
shall be responsible for the prevention of damage to adjacent property and no
person shall excavate on land sufficiently close to the property line to endanger any
adjoining public street, a sidewalk, alley, or other public or private property without
supporting and protecting such property from settling, cracking, or other damage
which might result.
Ordinance No. 784
Page 7 of 13
15.12.140 Section J113 of Appendix J -Added -Dust Control.
Section J113 is hereby added to read as follows:
J113. Dust Control. The owner of the site or the project contractor shall put into
effect and maintain all precautionary measures necessary to prevent dust blowing
from the site to adjacent properties.
SECTION 5: Chapter 15.16 of Title 15 of the Rancho Cucamonga Municipal Code
is hereby amended to read, as follows:
"CHAPTER 15.16
MECHANICAL CODE
Sections:
15.16.010 Section 110.1 of Appendix Chapter 1 Amended -General.
15.16.020 Section 115.2 of Appendix Chapter 1 Amended -Permit fees.
15.16.030 Section 115.3 of Appendix Chapter 1 Amended -Plan review fees.
15.16.040 Table 1-1 of Appendix Chapter 1 Deleted -Mechanical permit fees.
15.16.050 Section 504.3 Amended -Domestic Dryer Vent.
15.16.010 Section 110.1 of Appendix Chapter 1 Amended -General.
Section 110.1 of.the Mechanical Code is hereby amended to read as follows:
110.1. General.
In order to hear and decide appeals of orders, decisions or determination made by
the Building and Safety Official relative to the application and interpretation of this
code, there shall be and is hereby created a Board of Appeals consisting of 3
members and 2 alternates who are qualified by experience and training to pass on
matters pertaining to building construction and who are not employees of the
jurisdiction. The Building and Safety Official shall be an ex officio member of and
shall act as Secretary to said Board but shall have no vote on any matter before the
Board. The Board shall adopt rules of procedure for conducting its business, and
shall render all decisions and findings in writing to the appellantwith a duplicate copy
to the Building and Safety Official.
15.16.020 Section 115.2 of Appendix Chapter 1 Amended -Permit fees.
Section 115.2 of the Mechanical Code is hereby amended to read as follows:
115.2. Permit Fees.
The fee for each permit shall be as established by Resolution of the City Council.
Ordinance No. 784
Page 8 of 13
15.16.030 Section 115.3 of Appendix Chapter 1 Amended -Plan review fees.
Section 115.3 of the Mechanical Code is hereby amended to read as follows:
115.3. Plan Review Fees.
When Section 115.2 requires submittal documents, a plan review fee shall be paid at
the time of submitting plans and specifications for review. Said plan review fee shall
be as set forth by Resolution of the City Council.
Where plans are incomplete or changed so as to require additional plan review, an
additional plan review fee shall be charged.
15.16.040 Table 1-1 Deleted -Mechanical permit fees.
Table 1-1-Mechanical Permit Fees of the Mechanical Code is hereby deleted.
15.16.050 Section 504.3.2.1 Amended -Domestic Dryer Vent.
A sentence is hereby added to the first paragraph of section 504.3.2-.1 to read as follows:
504.3.2.1 Domestic Dryer Vents. A vent clean-out shall be provided at the lower
termination of vertical vent pipe. The cleanout door shall be accessible and tight fitting.
SECTION 6: Chapter 15.20 of Title 15 of the Rancho Cucamonga Municipal Code
is hereby amended to read, as follows:
"CHAPTER 15.20
PLUMBING CODE
Sections:
15.20.010 Section 102 ofAppendix Chapter 1 Amended- Board of Appeals
15.20.020 Section 103.4.1 Amended -Permit fees.
15.20.030 Section 103.4.2 Amended -Plan review fees.
15.20.040 Table 1-1 Deleted -Plumbing permit fees.
15.20.050 Appendix Chapters Deleted.
15.20.060 Section 701.1.2 Amended -ABS and PVC Materials.
15.20.070 Section 701.1.2.2 Amended -ABS and PVC Material for
Residential Construction
15.20.010 Section 102 of Appendix Chapter 1 Amended -Board of Appeals
Section 102.4 is hereby added to read as follows:
102.4. Board of Appeals
In order to hear and decide appeals of orders, decisions or determination made by
the Building and Safety Official relative to th'e application and interpretation of this
Ordinance No. 784
Page 9 of 13
code, there shall be and is hereby created a Board of Appeals consisting of 3
members and 2 alternates who are qualified by experience and training to pass upon
matters pertaining to building construction and who are not employees of the
jurisdiction. The Building and Safety Official shall be an ex officio member of and
shall act as Secretary to said Board but shall have no vote on any matter before the
Board. The Board shall adopt rules of procedure for conducting its business, and
shall render all decisions and findings in writing to the appellantwith a duplicate copy
to the Building and Safety Official."
15.20.020 Section 103.4.1 Amended -Permit fees.
Section 103.4.1 is hereby amended to read as follows:
103.4.1. Permit Fees.
The fee for each permit shall be as established by Resolution of the City Council.
15.20.030 Section 103.4.2 Amended -Plan review fees.
Section 103.4.2 is hereby amended to read as follows:
103.4.2. Plan Review Fees.
When a plan or other data is required to be submitted by 103.2.2, a plan review fee
shall be paid at the time of submitting plans and specifications for review. Said plan
review fee shall be as set forth by Resolution of the City Council.
Where plans are incomplete or changed so as to require additional review, an
additional review fee shall be charged.
15.20.040 Table 1-1 Deleted -Plumbing permit fees.
Table 1-1 is hereby deleted.
15.20.050 Appendix Chapter Deleted.
Appendices E, F, of the California Plumbing Code are hereby deleted.
15.20.060 Section 701.1.2 Amended -ABS and PVC Materials.
A sentence is added to the end of Section 701.1.12 to read as follows:
ABS and PVC materials can not be used in the fire-resistive buildings. Non-
combustible material such as cast iron must be used.
15.20.70 Section 701.1.2.2 Amended -ABS and PVC Materials for Residential
Construction.
A sentence is added to the end of Section 701.1.2.2 to read as follows:
For three stories or more, non-combustible material such as cast iron material shall
be used for the entire building.
Ordinance No. 784
Page 10 of 13
SECTION 7: Chapter 15.24 of Title 15 of the Rancho Cucamonga Municipal Code
is hereby amended to read, as follows:
"CHAPTER 15.24
ELECTRICAL CODE
Sections:
1524.010 Section 80.15 of Annex GAmended -Board of Appeals.
15.24.020 Section 230.71 Amended -Maximum Number of Disconnects.
15.24.010 Section 80.15 of Annex GAmended -Board of Appeals.
Section 80.15 Annex G is hereby amended to read as follows:
80.15. Board of Appeals.
In order to hear and decide appeals of orders, decisions or determination made by
the Building and Safety Official relative to the application and interpretation of this
code, there shall be and is hereby created a Board of Appeals consisting of 3
members and 2 alternates who are qualified by experience and training to pass on
matters pertaining to building construction and who are not employees of the
jurisdiction. The Building and Safety Official shall be an ex officio member of and
shall act as Secretary to said Board but shall have no vote on any matter before the
Board. The Board shall adopt rules of procedure for conducting its business, and
shall render all decisions and findings in writing to the appellant with a duplicate copy
to the Building and Safety Official.
15.24.020 Section 230.71 Amended -Maximum Number of Disconnects
Section 230.71 is amended to provide that any reference to six (6) means of disconnects or
sets of disconnects shall be reduced to one (1 ).
SECTION 8: Chapter 15.28 of the Rancho Cucamonga Municipal Code is hereby
amended to read, as follows:
"CHAPTER 15.28
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS
Sections:
15.28.010 Section 205.1 Amended -General.
15.28.010 Section 205.1 Amended -General.
Section 205.1 of the Uniform Code for the Abatement of Dangerous Buildings is hereby
amended to read as follows:
Ordinance No. 784
Page 11 of 13
205.1. General.
In order to hear and decide appeals of orders, decisions or determination made by
the Building and Safety Official relative to the application and interpretation of this
code, there shall be and is hereby created a Board of Appeals consisting of 3
members and 2 alternates who are qualified by experience and training to pass upon
matters pertaining to building .construction and who are not employees of the
jurisdiction. The Building and Safety Official shall be an ex officio member of and
shall act as Secretary to said Board but shall have no vote on any matter before the
Board. The Board shall adopt rules of procedure for conducting its business, and
shall render all decisions and findings in writing to the appellantwith a duplicate copy
to the Building and Safety Official."
SECTION 9: Chapter 15.32 of Title 15 of the Rancho Cucamonga Municipal Code
is hereby amended to read, as follows:
"CHAPTER 15.32
HOUSING CODE
Sections:
15.32.010 Section 203.1 Amended -Board of Appeals.
15.32.010 Section 203.1 Amended -Board of Appeals.
Section 203.1 of the Housing Code is hereby amended to read as follows:
203.1. Board of Appeals.
In order to hear and decide appeals of orders, decisions or determination made by
the Building and Safety Official relative to the application and interpretation of this
code, there shall be and is hereby created a Housing Advisory and Appeals Board
consisting of 3 members and 2 alternates who are qualified by experience and
training to pass upon matters pertaining to building construction and who are not
employees of the jurisdiction. The Building and Safety Official shall bean ex officio
member of and shall act as Secretary to said Board but shall have no vote on any
matter before the Board. The Board shall adopt rules of procedure for conducting its
business, and shall render all decisions and findings in writing to the appellantwith a
duplicate copy to the Building Official. Appeals to the Board shall be processed in
accordance with the provisions contained in Section 1201 of this code. Copies of all
rules of procedure adopted by the Board shall be delivered to the Building and
Safety Official, who shall make them accessible to the public."
Ordinance No. 784
Page 12 of 13
SECTION 10: It shall be unlawful for any person, firm partnership, or corporation to
violate any provision or to fail to comply with any of the requirements
of this Ordinance or the Codes adopted hereby. Any person, firm,
partnership, or corporation violating any provision of this Ordinance
or the Codes adopted hereby or failing to comply with any of its
requirements shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding One
Thousand Dollars ($1,000'00) or by imprisonment not exceeding six
(6) months, or by both such fine and imprisonment. Each person,
firm, partnership or corporation shall be deemed guilty of separate
offense for each and every day or any portion thereof during which
any violation of any of the provisions of this Ordinance or the Codes
adopted hereby is committed, continued or permitted by such person,
firm, partnership or corporation, and shall be deemed punishable
therefore as provided in this Ordinance.
SECTION 11: The violation of any of the provisions of this Ordinance or the Codes
adopted hereby shall constitute a nuisance and may be abated by
the City through civil process by means of restraining order,
preliminary or permanent injunction or in any other manner provided
by law for the abatement of such nuisances.
SECTION 12: The City Council hereby declares that should any provision, section,
paragraph, sentence or word of this Ordinance or the Code hereby
adopted be rendered or declared invalid by any final court action in a
court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections; paragraphs,
sentences and words of this Ordinance and the Codes hereby
adopted shall remain in full force and effect.
SECTION 13: The Mayor shall sign this Ordinance and the City Clerk shall cause
the same to be published within fifteen (15) days after its passage at
least once in The Inland Valley Daily Bulletin, a newspaper of general
circulation published in the City of Ontario, California, and circulated
in the City of Rancho Cucamonga, California.
Please see the Iollowing page
for /ormai adoption, certi/ication antl signatures
Ordinance No. 784
Page 13 of 13
PASSED, APPROVED, AND ADOPTED this 5`" day of Decmber 2007.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
D bra J. A s, CMC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do
hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of
the City of Rancho Cucamonga held on the 7`h day of November 2007, and was passed at a Regular
Meeting of the City Council of the City of Rancho Cucamonga held on the 5`h day December 2007.
Executed this 6`h day of December 2007, at Rancho Cucamonga, California.
Debra J. Ada s C, City Clerk