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HomeMy WebLinkAbout834 - OrdinancesORDINANCE NO. 834 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTERS 15.04, 15.12, 15.16, 15.20, AND 15.24 OF TITLE 15, OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND ADOPTING BY REFERENCE THE 2010 CALIFORNIA BUILDING CODE, INCORPORATING THE "INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2", 2009 EDITION INCLUDING APPENDICES THERETO; 2010 CALIFORNIA RESIDENTIAL CODE, INCORPORATING THE "INTERNATIONAL RESIDENTIAL CODE" 2009 EDITION INCLUDING APPENDICES THERETO; THE 2010 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE", 2009 EDITION; INCLUDING APPENDICES THERETO; THE 2010 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE", 2009 EDITION, INCLUDING APPENDICES THERETO; THE 2010 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE", 2008 EDITION, INCLUDING ANNEXES THERETO; 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE INCLUDING APPENDICES THERETO; TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND EXCEPTIONS. A. RECITALS. (i) Government Code Section 50022.1, et seq., 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 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 ordains 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, and 15.24, 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 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. The 2010 California Building Code, incorporating the "International Building Code, Volumes 1 and 2", 2009 Edition, including all appendices thereto; the 2010 California Residential Code, incorporating the "International Residential Code", 2009 Edition, including all appendices thereto; the 2010 California Mechanical Code, incorporating the "Uniform Mechanical Code", 2009 Edition; including all appendices thereto; the 2010 California Plumbing Code, incorporating the "Uniform Plumbing Code", 2009 Edition, including all appendices thereto; the 2010 California Electrical Code, incorporating the "National Electrical Code ", 2008 Edition; including all annexes thereto; 2010 California Green Building Standards Code; are hereby adopted by reference in their entirety and amended in Chapters 15.12, 15.14, 15.16, 15.20, 15.24, and 15.26 herein, and the same, together with the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, and the Uniform Housing Code, 1997 Edition, as set forth in Chapters 15.28 and 15.32 herein, shall comprise the Building and Construction Regulations of the City of Rancho Cucamonga." 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 Section 101.4 of Chapter 1, Division II amended -Referenced Codes. Ordinance No. 834 -Page 2 of 16 15.12.010 Section 105.2 of Chapter 1, Division II amended - work exempt from permit. 15.12.020 Sections 113.1 and 113.3 of Chapter 1, Division II amended - Board of appeals. 15.12.030 Sections 114.1 and 114.2 of Chapter 1, Division II amended - Violations 15.12.040 Section 903 amended -Fire protection systems. 15.12.050 Table 1505.1 amended -Minimum roof covering classification. 15.12.060 Section 1609.3 amended -Basic wind speed. 15.12.070 Appendix Chapter 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 -Permit application and submittal. 15.12.120 Section J105.1 of Appendix Jamended -General 15.12.130 Section J109.4 of Appendix Jamended -Drainage across property lines. 15.12.140 Section J110 of Appendix Jamended -Temporary erosion control during grading. 15.12.150 Section J112 of Appendix Jadded -Protection of adjacent property. 15.12.160 Section J113 of Appendix Jadded -Dust control. 15.12.005 Section 101.4 of Chapter 1, Division II Amended -Referenced codes. Sections 101.4.1, 101.4.2, 101.4.3, 101.4.4 are deleted. 15.12.010 Section 105.2 of Chapter 1, Division II Amended -Work exempt from permit. Section 105.2 of the Building Code is hereby amended by amending items 1 and 2, and adding a new item 14, to read as follows: 1. One-story detached accessory structure used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet and 8 feet in maximum height. 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. Ordinance No. 834 -Page 3 of 16 14. Flag pole not to exceed 20 feet in height above ground in a residential lot 15.12.020 Section 113.1 and 113.3 of Chapter 1, Division II amended -Board of appeals. Sections 113.1 and 113.3 of Chapter 1, Division II are hereby amended to read as follows: 113.1 General. In order to hear and decide appeals of orders, decisions or determination made by the Building and Safety Services Director 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 Services Director shall be an ex officio memberof 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 fndings in writing to the appellant with a duplicate copy to the Building and Safety Services Director. 113.3 Qualifications. Deleted. 15.12.030 Section 114.1 and 114.2 of Chapter 1, Division II amended -Violations Sections 114.1 and 114.2 of Chapter 1, Division II is hereby amended to read as follows: 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 114.2 Notice of violation. The Building and Safety Services Director is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving removal, demolitidn, maintaining or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 15.12.040 Section 903 is Amended -Fire protection systems. Amendments to Section 903 shall be those amendments adopted forSection 903 of California Fire Code -Automatic Sprinkler Systems, all of which are incorporated by reference herein. 15.12.050 Table 1505.1 Amended -Minimum roof covering classification Table 1505.1 is hereby amended to read as follows: Ordinance No. 834 -Page 4 of 16 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 15.12.060 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 Vtm of 85 miles per hour and Vss of 100 miles per hour 15.12.070 Appendix chapters deleted. Appendices chapters A, B, C, D, F, H, K 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 geotechnical report, the geotechnical report shall govern. In addition, the designs of the 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 Services Director determines that any existing excavation or embankment orfill 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 orfill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building and Safety Services Director, 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: Ordinance No. 834 -Page 5 of 16 J103.2 Exemptions: A grading permit is not required for the following: 1. When approved by the Building and Safety Services Director, grading in an isolated, self-contained area if there is no danger to private or public property. 2. 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 greaterthan 5 feet(1524mm) afterthe completion of such structure. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations. 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 erigineering 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 notbe 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 -Permit application and submittal. Section J 104.5 and J104.6 are hereby added to read as follows: J.104.5 Plan Information. In addition to the requirements in Section J104.2, the permittee shall provide other technical information as required by the Building and Safety department's hand-outs policies and standards. Ordinance No. 834 -Page 6 of 16 J104.6 As-built ptans. 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 J105.1 of Appendix Jamended -General Section J105.1 is hereby amended to read as follows: J105.1 General. Inspections shall be governed by Section 109, Chapter 1, Division II of this code and requirements established, by approved policies and procedures of the Building and Safety department. An engineer shall provide grading inspections and certifications for the work. 15.12.130 Section J109.4 of Appendix Jamended -Drainage across property lines. Section J109.4 is amended to have these sentences added at the end of the section as follows: For Single Family Lot Drainage 1. W henever possible, drainage from single family lots shall flow directly to a street. 2. If it should be determined necessary to allow offside drainage to flow through a single family lot (to preserve down lot views, esthetics, accept flow from offsite property, etc.), the following shall apply: a. Drainage from only one lot shall flow through only one other lot. b. A drainage easement shall be provided/obtained over the lot accepting the drainage. c. The drainage shall be contained within either aconcrete/rock lined swale or a reinforced concrete pipe. d. The drainage facility shall be designed with excess capacity to account for the probable lack of necessary maintenance. Therefore, it shall be designed to convey two times the runoff from a 100 year storm with the minimum diameter for a pipe being 12 inches. 15.12.140 Section J110 of Appendix Jamended -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 Ordinance No. 834 -Page 7 of 16 damage by erosion, flooding, and deposition of mud or debris origination from the site during the grading operation. 15.12.150 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. 15.12.160 Section J113 of Appendix Jadded -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. Prior to the permit issuance, dust control sign and required contact information as required by the department's policy shall be installed at the site." SECTION 5: Chapter 15.14 is hereby added to Title 15 of the Rancho Cucamonga Municipal Code to read as follows: "CHAPTER 15.14 RESIDENTIAL BUILDING CODE Sections: 15.14.010 Section R105.2 of Chapter 1, Division II amended -Work exempt from permit. 15.14.020 Section 1.8.7 of Chapter 1, Division lamended -Board of appeals. 15.14.030 Section R113.1 and R113.2 of Chapter 1, Division II amended - Violations. 15.14.040 Section R301.2.1 amended -Wind limitations. 15.14.050 Section R401.4.1 amended - Geotechnical evaluation. 15.14.060 Section R902.1 amended -Roofing covering materials. 15.14.070 Section Appendix Chapter deleted. 15.14.080 Section AG105.2.1 ofAppendix Gamended-Barrier requirements Ordinance No. 834 -Page 8 of 16 15.14.010 Section R105.2 of Chapter I, Division II amended -Work exempt from permit. Section 105.2 of the Building Code is hereby amended by amending item 1, 2 and adding a new item 11, 12 to read as follows: 1. One-story detached accessory structure used as tool and storage sheds playhouses and similar uses, provided the floor area does not exceed 120 square feet and 8 feet in maximum height. 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 adiacent grade unless supporting a surcharge or impounding class I, II or III-A ligwds 11. Flag pole not to exceed 20 feet in height above ground in a residential lot. 12. Non fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height. 15.14.020 Section 1.8.7 of Chapter 1, Division 1 amended -Board of appeals. Section 1.8.7 of Chapter 1, Division I is hereby amended to read as follows: 1.8.7.1 General. In order to hear and decide appeals of orders, decisions or determination made by the Building and Safety Services Director 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 Services Director 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 Services Director. 15.14.030 Section R113.1 and R113.2 of Chapter I, Division II -amended -Violations. Section of R113.1 and R113.2 of Chapter 1, Division II is hereby amended to read as follows: R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. R113.2 Notice of violation. The Building and Safety Services Director is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving removal demolition, maintaining or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. Ordinance No. 834 -Page 9 of 16 15.14.040 15.14.050 15.14.060 Section R301.2.1 Amended -Wind limitations. Section R301.2.1 is hereby amended to by adding a sentence at the end of the section to read as follows: For areas north cf Banyan Street, new structures shall be designed for a minimum wind Speed Vrm of 85 miles per hour and V35 of 100 miles per hourwith exposure C. Section R401.4.1 Amended - Geotechnical evaluation. Section R401.4.1 is hereby amended to by adding a sentence at the end of the section to read as follows: A geotechnical or soil report is required for the new construction orwhen an addition is more than 50% of the existing floor area. Section R902.1 Amended -Roofing covering materials. Section R902.1 is hereby amended to read as follows: Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A, B roofing shall be installed in areas designated by this section. Classes A, B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108. Minimum Roof Covering Classification for different types of construction for new buildings, re roofs or additions except for the construction of roofs in very High Fire Hazard Zones. IA IB IIA IIB IIIA IIIB IV VA VB A A A A A A B B B 15.14.070 15.14.080 ~.i The remaining section of the code remains the same. Appendices deleted. Appendices A,B,C,D,E,F,I,K,L,M,N,O,P of the California Residential Code are hereby deleted. Section AG105.2.1 of Appendix Gamended -Barrier requirements. Section AG105.2.1 of Appendix G is hereby amended to read as follows: 1. The top of the barrier shall be at least 60 inches (the remainder of the section remains the same)." SECTION 6: Chapter 15:16 of Title 15 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: Ordinance No. 834 -Page 10 of 16 "CHAPTER 15.16 MECHANICAL CODE Sections: 15.16.010 Section 110.1 of Chapter 1, Division II amended -General. 15.16.020 Section 115.2 of Chapter 1, Division II amended -Permit fees. 15.16.030 Section 115.3 of Chapter 1, Division II amended -Plan review fees. 15.16.040 Table 1-1 of Chapter 1, Division II deleted -Mechanical permit fees. 15.16.010 Section 110.1 of Chapter 1, Division II 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 Services Director 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 Services Director 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 Services Director. 15.16.020 Section 115.2 of Chapter 1, Division II 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. 15.16.030 Section 115.3 of Chapter 1, Division II amended -Plan review fees. Section 115.3 of the Mechanical Code is hereby amended to read as follows: 115.3. Plan Review Fees. Ordinance No. 834 -Page 11 of 16 When Section 115.2 requires submittal documents, a plan reviewfee shall be paid at the time of submitting plans and specifcations 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." SECTION 7: 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 of Chapter 1, Division II 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 Chapter deleted. 15.20.060 Section 609.3.2.1 added -Copper tubing. 15.20.070 Section 701.1.2 amended -ABS and PVC materials. 15.20.080 Section 701.1.2.2 amended -ABS and PVC materials for residential construction 15.20.010 Section 102.0 of Chapter 1, Division II amended -Board of appeals Section 102.2.7 is hereby added to read as follows: 102.2.7. Board of appeals In order to hear and decide appeals of orders, decisions or determination made by the Building and Safety Services Director 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 Services Director shall be an exofficio 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 Ordinance No. 834 -Page 12 of 16 business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building and Safety Director." 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 W hen 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. Appendix L of the California Plumbing Code is hereby deleted. 15.20.060 Section 609.3.2.1 of Chapter 6 added -Copper tubing. Section 609.3.2.1 is hereby added to read as follows: 609.3.2.1 Copper tubing serving plumbing fixtures within dwelling unit kitchen islands shall be installed withoutjoints and the installation shall satisfy the following requirements. (1) The copper tubing shall be installed within a watertight continuous sleeve that prevents direct contact between the copper tubing and underslab soils. (2) During construction the protective sleeve shall be capped at both ends until the copper tubing is installed and released for service. Ordinance No. 834 -Page 13 of 16 15.20.070 Section 701.1.2 amended -ABS and PVC materials. A sentence is added to the end of Section 701.1.2 to read as follows: ABS and PVC materials shall not be used in fire-resistive buildings. Non- combustible material such as cast iron must be used. 15.20.080 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 buildings or the portion of a building with three stories or more, non-combustible material such as cast iron material shall be used for the entire building or portion of three stories or more." SECTION 8: 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: 15.24.010 Section 80.15 of Annex Hamended -Board of appeals. 15.24.010 Section 80.15 of Annex Hamended -Board of appeals. Section 80.15 Annex H 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 Services Director 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 Services Director 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 appellant with a duplicate copy to the Building and Safety Services Director." SECTION 9: Chapter 15.26 is hereby added to Title 15 of the Rancho Cucamonga Municipal Code to read as follows: Ordinance No. 834 -Page 14 of 16 "CHAPTER 15.26 GREEN BUILDING CODE Sections: 15.26.010 [Reserved for future amendments.] 15.26.010 Section [Reserved for future amendments.]" SECTION 10: Penalties. 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 complywith 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 ($1,000'0°) 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: Civil remedies available. 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 Cily 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: Severability. The City Council hereby declares that should any provision, section, paragraph, sentence orword of this Ordinance or the Code hereby adopted be rendered or declared invalid by anyfinal 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: This Ordinance shall become operative at 12:01 a.m. on January 1, 2011. SECTION 14: 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 Vallev Daily Bulletin, a newspaper of general Ordinance No. 834 -Page 15 of 16 PASSED, APPROVED, AND ADOPTED this 17th day of November 2010. AYES: Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth, M.'D., Mayor ATTEST: ~:e.. ~ ~~ anice C. Reynolds, City Jerk I, JANICE C. REYNOLDS, 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 20th day of October 2010, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 17th day of November 2010. Executed this 18'" day of November 2010, at Rancho Cucamonga, California. J 'ce C. Reynolds, City CI rk Ordinance No. 834 -Page 16 of 16