Loading...
Ordinance - 2089ORDINANCE NO. 2089 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7, ARTICLES II, III, IV, V, VI, VII, IX, XIII, XV, XVI, CHAPTER 10, ARTICLE II OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE CALIFORNIA BUILDING •, STANDARDS CODE AND THE 2001 EDITIONS OF THE CALIFORNIA BUILDING CODE AND CALIFORNIA FIRE CODE, 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 UNIFORM HOUSING CODE, 2001 CALIFORNIA MECHANICAL CODE, 2001 CALIFORNIA PLUMBING CODE, 2000 UNIFORM SIGN CODE, 2000 UNIFORM SOLAR ENERGY CODE, AND THE 2001 EDITION OF THE CALIFORNIA ELECTRICAL CODE The City Council of the City of West Covina, California, does ordain as follows: SECTION 1. Findings: The State of California has amended and adopted the 2001 editions of the California Codes effective October 31, 2002. The City of West Covina Municipal Code is hereby amended as reasonably necessary due to local climatic, geologic, and topographic conditions, and for administrative reasons. WHEREAS, amendments to the 2001 California Codes are reasonably necessary because of the following climatic, geologic, and topographical conditions: 1. The City of West Covina has a semi -arid climate with a history of extended periods of draught, and frequent hot, dry winds (Santa Ana Winds) which compounds the increased risk of the spread of wild- and structure -fires. 2. The City of West Covina contains areas of unique geological and topographical features such as steep slopes, non -cohesive soils, expansive soils, and areas subject to landslide or liquefaction. SECTION 2. Chapter 7, Articles II, III, IV, V, VI, VII, IX, XIII, XV, XVI, of the City of West Covina Municipal Code is hereby amended to read as follows: CHAPTER 7 ARTICLE II. BUILDING CODE Section 7-16 is hereby amended to read: Sec. 7-16. Adopted. Except as otherwise provided in this Article, the 2001 Editions of the California Building Code Volumes 1, 2, and 3, prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which on October 1, 2002, were made a public record of the City, including appendices Chapters 3, 15, 31 II and 111, 33, and 34 III and indices, are hereby adopted and made part hereof as if fully set out in this section. One file of this code shall be kept on file in the Office of the City Clerk for public inspection. In the event of any conflict or ambiguity between any provision contained in such codes set forth above and any amendment thereto contained in this article or other provision of the Municipal Code, the amendment or addition shall control. Sec. 7-18.1. Section 106.4.4.1. Added. Section 106.4.4 of the code adopted is hereby amended by adding Section 106.4.4.1 to read as follows: Ordinance No.2089 Page 2 Every permit shall become null and void by limitation whenever the work is done during any continuous period of one -hundred and eighty days (180) amounts to less than ten (10) percent of the total work authorized by such permit. Section 7-18.10. Section 312.10. Amended. •Sec. 312.10. SWIMMING POOLS. SAFETY PRECAUTIONS, second paragraph is hereby amended to read: All gates or doors opening through such enclosures shall be equipped with a self -closing and self -latching device designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use. Such latching device must be located not less than five (5) feet above the ground; provided, however, that the door of any dwelling occupied by human beings forming any part of the enclosure comply with State Laws. All fencing forming the pool enclosure shall be in place and approved by the city before water is placed in the pool. Section 7-18.10. Section 312.12. Amended. Sec. 312.12. INSPECTIONS AND APPROVAL OF SWIMMING POOLS, paragraph 1 is hereby amended to read: All plans hereafter submitted to the city for swimming pools to be constructed shall show compliance with Section 312.10, and final inspection and approval of all pools hereafter constructed shall be withheld until all requirements of Section 312.10 shall have been complied with. Sec. 7-18.15. Section 106.3.1. Amended. Section 7-18.15, Paragraph I is hereby amended to read: The California Building Code, Section 106.3.1, shall be amended by adding item No. 8 to regulate construction within flood hazard areas and within established floodways as follows: ARTICLE III. ABATEMENT OF DANGEROUS BUILDING CODE Section 7-37 is hereby amended to read: Sec. 7-37. Adopted. Except as otherwise provided in this Article, the 1997 Editions of the Uniform Code for the Abatement of Dangerous Buildings, prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which on October 1, 2002, were made a public record of the City, including all appendices and indices, are hereby adopted and made part hereof as if fully set out in this section. One file of this code shall be kept on file in the Office of the City Clerk for public inspection. In the event of any conflict or ambiguity between any provision contained in such codes set forth above and any amendment thereto contained in this article or other provision of the Municipal Code, the amendment or addition shall control. ARTICLE IV. ELECTRICAL CODE Section 7-49 is hereby amended to read: • Sec. 7-49. Adopted. Except as otherwise provided in this Article, the 2001 Editions of the California Electrical Code, prepared and copyrighted in, the National Fire Protection Association, which on October 1, 2002, were made a public record of the City, including the Uniform Administrative provisions, all appendices, and indices, are hereby adopted and made part hereof as if fully set out in this section. One file of this code shall be kept on file in the Office of the City Clerk for public inspection. In the event of any conflict or ambiguity between any provision contained in such Ordinance No.2089 Page 3 codes set forth above and any amendment thereto contained in this article or other provision of the Municipal Code, the amendment or addition shall control. ARTICLE V. HOUSING CODE Section 7-61 is hereby amended to read: 9 Sec. 7-61. Adopted. Except as otherwise provided in this Article, the 1997 Editions of the Uniform Housing Code, prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which were made a public record of the City, including all appendices and indices, are hereby adopted and made part hereof as if fully set out in this section. One file of this code shall be kept on file in the Office of the City Clerk for public inspection. In the event of any conflict or ambiguity between any provision contained in such codes set forth above and any amendment thereto contained in this article or other provision of the Municipal Code, the amendment or addition shall control. ARTICLE VI. MECHANICAL CODE Section 7-73 is hereby amended to read: Sec. 7-73. Adopted. Except as otherwise provided in this Article, the 2001 Editions of the California Mechanical Code prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which on October 1, 2002, were made a public record of the City, including all appendices and indices, are hereby adopted and made part hereof as if fully set out in this section. One file of this code shall be kept on file in the Office of the City Clerk for public inspection. In the event of any conflict or ambiguity between any provision contained in such codes set forth above and any amendment thereto contained in this article or other provision of the Municipal Code, the amendment or addition shall control. ARTICLE VII. PLUMBING CODE Section 7-85 is hereby amended to read: Sec.7-85. Adopted. Except as otherwise provided in this Article, the 2001 Editions of the California Plumbing Code prepared and copyrighted in Whittier, California, by the International Association of Plumbing and Mechanical Officials, which on October 31, 2002, were made a public record of the City, including all appendices and indices, are hereby adopted and made part hereof as if fully set out in this section. One file of this code shall be kept on file in the Office of the City Clerk for public inspection. In the event of any conflict or ambiguity between any provision contained in such codes set forth above and any amendment thereto contained in this article or other provision of the Municipal Code, the amendment or addition shall control. ARTICLE IX. SIGNS Section 7-134 is hereby amended to read: Sec. 7-134. Adopted. Except as otherwise provided in this Article, the 2000 Editions of the Uniform Sign Code, except chapter 14, prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which on October 1, 2002, were made a public record of the City, including all appendices and indices, are hereby adopted and made part hereof as if fully set out in this section. One file of this code shall be kept on file in the Office of the City Clerk for public Ordinance No.2089 Page 4 inspection. In the event of any conflict or ambiguity between any provision contained in such codes set forth above and any amendment thereto contained in this article or other provision of the Municipal Code, the amendment or addition shall control. ARTICLE XIII. UNIFORM SOLAR ENERGY CODE • Section 7-220 is hereby amended to read: Sec. 7-220. Adopted. Except as otherwise provided in this Article, the 2000 Editions of the Uniform Solar Energy Code, prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which on October 1, 2002, were made a public record of the City, including all appendices and indices, are hereby adopted and made part hereof as if fully set out in this section. One file of this code shall be kept on file in the Office of the City Clerk for public inspection. In the event of any conflict or ambiguity between any provision contained in such codes set forth above and any amendment thereto contained in this article or other provision of the Municipal Code, the amendment or addition shall control. ARTICLE XV. MANUFACTURED HOUSING INSTALLATIONS Section 7-250 is hereby amended to read: Sec.7-250. Adopted. Except as otherwise provided in this Article, the 1991 Edition of "Guidelines For Manufactured Housing Installations," prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which on October 1, 2002, were made a public record of the City, is hereby adopted and made part hereof as if fully set out in this section. One file of this code shall be kept on file in the Office of the City Clerk for public inspection. In the event of any conflict or ambiguity between any provision contained in such codes set forth above and any amendment thereto contained in this article or other provision of the Municipal Code, the amendment or addition shall control. SECTION 3. Chapter 9, Article 1, of the West Covina Municipal Code is hereby amended to read as follows: ARTICLE 1. DRAINAGE AND GRADING Sec. 9-1 Purpose The purpose of this article is to amend Appendix Chapter 33 of the California Building Code to add grading and drainage requirements for local conditions as per Ordinance No. 2033. SECTION 4. Chapter 10, Article II, of the West Covina Municipal Code is hereby amended to read as follows: CHAPTER 10 ARTICLE 1I. FIRE CODE . Section 10-20 is hereby amended to read: Sec. 10-20. Adopted. That portion of the State Building Standards Code that imposes substantially the same requirements as are contained in the Uniform Fire Code, 2000 Edition published by the Western Fire Chiefs Association and the California Building Standards Commission with errata, together with those portions of the Uniform Fire Code, 2000 Edition, including appendix Chapters I-C, II- Ordinance No. 2089 Page 5 A, II-B, II-C, II-F, 11-I, II-J, III -A, III-C, III-D, IV -A, the "Uniform Fire Code Standards, 1997 Edition" as amended by the Uniform Fire Code Standards, 2000 Edition," published by the Western Fire Chiefs Association, not included in the State Building Standards Code, as modified and amended by this section by this reference into this chapter on October 1, 2002, which were made a public record of the City, including all appendices and indices, are hereby adopted and made part hereof as if fully set out in this section. In the event of any conflict or ambiguity • between any provision contained in such codes set forth above, and any amendment thereto contained in this article or other provision of the Municipal Code, the amendment or addition shall control. Sec. 10-27 is hereby amended to read: Sec. 10-27. Adopted. The Uniform Fire Code, 2000 Edition, as renumbered'and adopted under 10-20 of this chapter is amended and changed in the following respects: Section 103.2.1.2 of the Uniform Fire Code is revised as follows: Section 103.2.1.2. Authority of Fire Personnel to Exercise Powers of Police Officers. The Chief and members of the Fire department shall have the powers of a police officer in performing their duties under this code. The following officers and members of the fire department shall have the power to arrest any person without warrant whenever they have reasonable cause to believe that the person has violated any provision of this chapter in their presence: Chief, assistant chief, fire marshal, captain, engineer, firefighter, firefighter paramedic, and fire protection specialist. Sec. 10-27. Section 1003.1.4. Detailed Installation Requirements, third paragraph is amended to read: The design, installation, inspection and maintenance of all automatic sprinkler systems shall meet the standards of the 1999 Edition of the National Fire Protection Association N.F.P.A. #13,13R, and 13D Standards for the Installation of Sprinkler Systems. Sec. 10-27. Section 1003.2.9 to be amended to read 1003.2 and 1003.2.9.1 is amended to read 1003.2.1.1. Section 1003.2 of the code adopted is hereby amended by Section 1003.2.1.1 to read as follows: Automatic Fire Sprinkler System. Not withstanding any other provisions of this section, an approved automatic fire sprinkler system shall be installed: 1. On all new buildings exceeding ten thousand (10,000) square feet in floor area. 2. In any existing building after the completion of any major alteration or addition which will exceed ten thousand (10,000) square feet of floor area. 3. In an existing building where an addition or additions exceed twenty-five (25) percent of the existing floor area as of January 1, 1990, or ten thousand (10,000) square feet, whichever is less, and the existing building is over ten thousand (10,000) square feet. 4. When the value of alterations or repairs to an, existing building which has ten thousand (10,000) or more square feet, exceeds twenty-five (25) percent of the value of the building in • any twelve month period. Open parking garages as defined in Section 311.9.2.1 of the California Building Code are exempt from the automatic fire sprinkler requirements of the West Covina Municipal Code. Sec. 10- 27. Section 1006.2.1 is amended to read 1005.2.1. Ordinance No. 2089 Page 6 Sec. 10-27. Section 1007.2.9.1 is amended to read 1006.2.9.3.3.4. Sec. 10-27. Section 1114. Added. Section 1115 of the code adopted is hereby amended by adding Section 1114 to read as follows: • All temporary lots for the display and sale of Christmas trees are required to have a permit and shall be located, maintained, and operated subject to the following provisions: 1114.1 PERMITS. All applications for permits shall be made in writing, filed with the City Council, and shall state the name of applicant, his address, and the location of the proposed Christmas tree lot. The application shall be accompanied by a clearance from the Fire Chief as to fire regulations and by a clearance from the Building Division as to the proposed electrical installation, if any, and additionally by clearance from the Engineering Division for review of stand location in relation to possible interruption of traffic. • All permits must be posted in a conspicuous place. • Fires in barbecues or in metal drums or other containers require a special permit that is to be obtained from the fire department. 1114.2 FIRE PROTECTION. There shall be maintained in each premises or display are where Christmas trees are sold or offered for sale, at least two (2) fire extinguishers with a minimum rating of 2A. No extinguisher shall be more than seventy-five (75) feet travel distance from any tree on display or storage. 1114.3 TENTS OR CANOPIES. A separate permit shall be obtained from the Fire Department for all tents, canopies and temporary membrane structures and they shall meet all requirements of Article 32 of the Uniform Fire Code. All tents, canopies and temporary membrane structures shall be made of flame -proof materials or rendered flame retardant by an approved process. 1114.4 DISPLAY. Christmas trees shall not be displayed under covered walkways in shopping centers unless the walkway is protected by an approved automatic fire sprinkler system. 1114.5 LOT CLOSURE. Christmas tree lots must be removed and the debris cleared no later than ten (10) days after the last day of sale. A fee, as established by resolution of the City Council, shall be posted for each lot with the license collector at the time of issuance of the permit. The fee will be returned if the debris is cleared and the lot is removed within the stated time, otherwise the fee will be used to defray the cost of cleaning up the area and will not be returned. Sec. 10-27. Section 7801.3 of the code adopted is hereby amended by adding Section 7801.3,1.4.1 to read as follows: "Permit required. The City Council may permit any person to make a public display of fireworks, and for that purpose to use and discharge fireworks at such times and such places in the City as the City Council may fix and establish, provided that a written application for a permit to do so is filed with the Chief of the Fire Department of the City at least 15 days in advance of the date of the display. It shall be the duty of the Chief of the Fire Department to whom the application for a permit is made to make an investigation and submit a report of his findings and his recommendations for or against reasons therefore, to the City Council. The City Council shall have the power in its discretion to grant or deny the permit. If the permit is granted, the applicant shall furnish the City with a certificate of insurance in adequate amount which shall also contain a clause holding the City harmless from any damage or injury resulting from granting the permit." APPROVED AND ADOPTED this I" day of October 2002. • ^ATTEST: City _Clerk Janet Berry SjQh May r Michael Touhey Ordinance No.2089 Page 7 1, Janet Berry, City Clerk of the City of West Covina, California, do hereby certify that the foregoing Ordinance No. 2089 was regularly introduced and placed upon its first reading at a regular meeting of the West Covina City Council on the September 17, 2002. That thereafter said ordinance was duly adopted and passed at a regular meeting of the City Council on the 1s` day of October 2002, by the following vote: • AYES: Herfert, Miller, Sanderson, Wong, Touhey NOES: None ABSENT: None APPROVED AS TO FORM: City Attorney X4old Alvarez-Glasman 0 City Clerk Janet Berry �a� i