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HomeMy WebLinkAbout71.8 ORDINANCE NO. 71. 8 AN ORDINANCE OF THE CITY OF SARATOGA ADOPTING AND MODIFYING THE 1985 EDrrlONS OF THE UNIFORM ADMINISTRATIVE CODE, THE UNIFORM BUILDING CODE, THE UNIFORM PLUMBING CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM HOUSING CODE AND THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AMENDING SUBSECTION 16- 55,040(a) OF THE GRADING ORDINANCE CONCERNING GRADING PLANS AND AMENDING SECTION 16-75.020 CONCERNING GEOTECHNICAL REPORTS The City Council of the City of Saratoga hereby ordains as follows: SECTION h Section 16-10.010 in Article 16-10 is amended to read as follows: "~16-10,010 Adoption of Uniform Administrative Code The 1985 Edition of the Uniform Administrative Code, as compiled and published by the International Conference of Building Officials, hereinafter referred to as the "Administrative Code," three copies of which have been filed for use and examination by the public in the office of the City Engineer, is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, such Code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Administrative Code applicable to the Building, Plumbing, Mechanical and Electrical Codes of the City." SECTION 2: Section 16-10.025 is added to Article 16-10, to read as follows: "~16-10.025 Section 204 amended concerning Board of Appeals Section 204 of the Administrative Code is hereby amended to read as follows: '~ec. 204. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the technical codes, there shall be and is hereby created a Board of Appeals consisting of the City Engineer, the Chief Building Inspector and one other member to be appointed by the City Council and shah hold office at its pleasure. 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 City Manager." SECTION 3: Section 16-10.030 in Article 16-10 is amended to read as follows: "516-10.030 ~. Section 303 amended concerning permits Rev. 10/15/86 -1- Section 303 of the Administrative Code is hereby amended to read as follows: See. 303 (a) Issuance. The application, plans, specifications, computations and other data, filed by an applicant for permit shall be reviewed by the building official. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the building official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this Code and the technical codes and other pertinent laws and ordinances, and that the fees specified in Section 304 have been paid, he shall issue a permit therefor to the applicant. When the building official issues the permit where plans are required, he shall endorse in writing or stamp the plans and specifications "Reviewed." Such reviewed plans and specifications shall not be changed, modified or altered without authorizations from the building official, and all work shall be done in accordance with the reviewed plans. The building official may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or reviewed, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the technical codes. The holder of such permit shall proceed at his own risk without assurance that the permit for the entire building, structure or building service will be granted. (b) Retention of Plans. One set of reviewed plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. One set of reviewed plans, specifications and computations shall be retained by the building official until final approval of the work. (c) Validity of Permit. The issuance of a permit or the reviewing of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or the technical codes, or of any other ordinance of the jurisdiction. No permit presuming to give authority to violate or cancel the provisions of these codes shall be valid. The issuance of a permit based upon plans, specifications and other data shall not prevent the building official from thereafter requiring the correction of errors in said plans, Rev. 10/15/86 -2- specifications and other data~ or from preventing building operations being carried on thereunder when in violation of these codes or of any other ordinances of this jurisdiction, (d) Expiration. Every permit issued by the building official under the provisions of the technical codes shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within one hundred eighty days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty days, or if the permittee fails or refuses to request an inspection pursuant to this Code within any period of one hundred eighty consecutive days after the work authorized by the permit is commenced. Before such work can be recommenced, a new permit shall be first obtained to do so, provided no changes have been made or will'be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. The fee for issuance of such new permit shall be one-half of the full permit fee if the new permit is issued within one hundred eighty days after expiration of the prior permit or the full permit fee if the new permit is issued more than one hundred eighty days after such expiration, based upon the fee schedule adopted by the City Council as of the time the new permit is issued; provided, however, upon written request by the applicant showing, to the satisfaction of the building official, that the prior permit expired as a result of exceptional circumstances beyond the reasonable control of the applicant, the building official may waive the payment of a fee for issuance of the new permit. Where a permit has expired in accord with the foregoing, and the building, structure, or other work authorized by such permit has not been completed, if a new permit for such work is not obtained within thirty days thereafter, said building, structure, or work shall be conclusively presumed to be abandoned and a hazard to the public health, safety and welfare, and subject to all of the provisions of Section 203 of Chapter 2 of this Code. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding one hundred eighty days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. Rev. 10/15/86 -3- (e) Suspension or Revoeatiom The building official may, in writing, suspend or revoke a permit issued under the provisions of this Code and the technical codes whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of these codes." SECTION 4: Section 16-10.040 in Article 16-10 is amended to read as follows: "S16-10.040 Section 304 amended concerning fees Section 304 of the Administrative Code is hereby amended to read as follows: '~Jee. 304 (a) Permit Fees. The amount of the fees to be paid for each permit shall be established by resolution of the City Council. The determination of value or valuation under any of the provisions of this code shah be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. (b) Plan Review Fees. When a plan or other data are required to be submitted by Subsection (b) of Section 302, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be established by resolution of the City Council Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shah be charged as established by resolution of the City Council. (c) Expiration of Plan Review. Applications for which no permit is issued within one hundred eighty days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official The building official may extend the time for action by the applicant for a period not exceeding one hundred eighty days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Rev. 10/15/86 -4- (d) Investigation Fees: Work Without a PerraiL 1. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for sueh work. 2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in the permit fee schedule established by resolution of the City Council. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or the technical codes nor from any penalty prescribed by law. (e) Fee Refunds. 1. The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. 2. The building official may authorize the refunding of not more than eighty percent of the permit fee paid when a permit issued in accordance with this Code is cancelled and no work has been done under such permit. No refund shall be made until the City has first collected all costs relating to the issuance of the permit and chargeable to the permit fee. 3. The building official may authorize the refunding of not more than eighty percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan review is done. The building official shall not authorize the refunding of any fee paid except upon written application, on a form furnished by the City, by the original permittee not later than sixty days after the date of the fee payment." SECTION 5: Section 16-10.065 is hereby added to Article 16-10, to read as follows: "S 16-10.065 Section 308(e) amended concerning issuance of certificates of occupancy Section 308(c) of the Administrative Cede is hereby amended to read as follows: (c) Certificate Issued. After final inspection when it is found that the building or structure complies with the Rev. 10/15/86 -5- provisions of the technical codes, the building official shall issue a Certificate of Occupancy which shall contain the following: 1. The building permit number. 2. The address of the building. 3. The name and address of the owner. 4. A description of that portion of the building for which the certificate is issued. 5. A statement that the described portion of the building complies with the requirements of this code and the technical codes for the group and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the individual who made the final inspection as the representative of the building official." SECTION 6: Section 16-15.010 in Article 16-15 is amended to read as follows: "~16-15.010 Adoption of Uniform Building Code The 1985 Edition of the Uniform Building Code, including Appendix Chapters l, 7, 11, 12, 23, 32, 35, 38, 49, 51, 53, 55 and 57 only, as compiled and published by the International Conference of Building Officials, hereinafter referred to as the "Building Code," three copies of which have been flied for use and examination by the public in the office of the City Engineer, is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, such Code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Building Code of the City." SECTION 7: Section 16-15.070 in Article 16-15 is amended to read as follows: "~16-15.070 Section 2516(b) amended concerning preparation of building site Section 2516(b) of the Building Code is hereby amended to read as follows: (b) Preparation of Building Site. ALl stumps and roots shall be removed from the soil to a depth of at least 12 inches below the surface of the ground in the area to be occupied by the building. All wood forms which have been used in placing concrete, if within the ground or between foundation sills and the ground, shall be removed before a building is occupied or used for any Rev. 10/15/86 -6- purpose. Before completion; loose or casual wood shall be removed from direct contact with the ground under the building. All underfloor grade or subgrade shall be graded to a central location and shall be provided with not less than a three inch conduit through the foundation to an accessible location. All under floor grade or subgrade shall have not less than one percent incline to a permanent drainage outlet. It is the owner's responsibility to verify all grades. An approved ejeetor pump may be used as an alternate. This amendment to the Uniform Building Code, 1985 Edition, is required because of the expansive soils, high ground water levels, and high soils moisture retention levels existing in the City, thereby necessitating additional site drainage requirements." SECTION 8: Section 16-15.080 in Article 16-15 is amended to read as follows: "S 16-15.080 Section 25 16(c)(2) amended concerning underfloor clesrsnce Section 25 16(c)(2) of the Building Code is hereby amended to read as follows: 2. Underfloor clearance. Unless otherwise approved by the building official, the minimum underfloor clearances between the bottom of the floor joists, and/or girders, shall not be less than 18 inches to exposed ground, in crawl spaces, excavated or unexcavated areas located within the periphery of the building foundation, the floor assembly, including posts, girders, joists, and subfloor, or building footprint area. Accessible underfloor areas shall be provided with an 18 inch by 24 inch access crawl hole. Pipes, ducts, and other nonstructural construction shah not interfere with the accessibility to or within underfloor areas. This amendment to the Uniform Building Code, 1985 Edition, is required because the combination of the high summer time air temperatures which occur in the City, and the large square footage of the buildings and structures constructed in the City, necessitates the use of larger air conditioning ducting to be installed in the underfloor clearance area." SECTION 9: Section 16-15.090 in Article 16-15 is amended to read as follows: "S16-15.090 Section 2905(g) added concerning reinforcement Section 2905(g) is hereby added to the Building Code, to read as follows: (g) Reinforcement. A minimum of two one-half inch bars of metal reinforcement placed continuous in foundations shall be required for Group R and M occupancies without engineering design. Rev. 10/15/86 -7- This amendment to the Uniform Building Code,' 1985 Edition, is required because of the expansive soils and seismic instability conditions existing in the City." SI~CTION 10: Section 16-15.100 in Article 16-15 is amended to read as follows: "S16-15.100 Section 3201Co) amended concerning fire retardancy Section 3201(b) of the Building Code is hereby amended to read as follows: (b) Fire Retardaney. When Required. Roof coverings shall be fire retardant except in Types III, IV and V buildings, where it may be as follows: 1. Ordinary roof coverings may be used on buildings of Group R, Division 3 or Group M Occupancies. 2. Ordinary roof coverings may be used on buildings of Group R, Division 1 Occupancies which are not more than two stories in height and have not more than 3,000 square feet of projected roof area and there is a minimum of 10 feet from the extremity of the roof to the property line on all sides except for street fronts. 3. Group A, Division 3; Group B, Divisions 1 and 2 and Group R, Division 1 Occupancies which are not more than two stories in height and have not more than 6,000 square feet of projected roof area and there is a minimum of 10 feet from the extremity of the roof to the property line or assumed property line on all sides except for street fronts may have Class C roof coverings which comply with U.B.C. Standard No. 32-7 and Roofs of No. 1 cedar or redwood shakes and No. 1 shingles constructed in accordance with Section 3203(g) Special Purpose Roofs. Skylights shall be constructed as required in Chapter 34. Penthouses shah be constructed as required in Chapter 36. For use of plastics in roofs, see Chapter 52. For attics, access and area, see Section 3205. For roof drainage, see Section 3207. For solar energy collectors, located above or upon a roof, see Section 1714. The foregoing provisions notwithstanding, roof coverings on all buildings and structures hereafter erected or constructed in a designated hazardous fire area in the City~ shall be fire retardant, or shall comply with the standards established for Class A or B prepared or built-up roofing. Re-roofing of existing buildings and structures in a hazardous fire area shall Rev. 10/15/86 -8- comply with this requirement, except that any re-roofing of less than ten percent of the total roof area of any building or structure shall be exempt, This amendment to the Uniform Building Code, 1985 Edition, is required because the response time of emergency equipment to calls for aid in the hazardous fire areas is impaired due to: (1) the non-availability of access to some portions of the hazardous fire areas, (2) the existence of steep, narrow streets and roadways located in the hazardous fire areas, (3) the lack of connecting streets or roadways in the hazardous fire areas. Further, the presence of heavy vegetation in the hazardous fire areas increases the potential for the rapid spread of any fire which may start in those areas particularly during seasonal dry spells°" SI~-CTION ll: Section 16-15.110 in Article 16-15 is amended to read as follows: "S16-15,110 Section 3802(h) added to require automatic sprinklers for certain garages Section 3802(h) is hereby added to the Building Code, to read as follows: (h) An automatic sprinkler system shall be installed in the garage and/or carport portion(s) of any new dwelling when said garage and/or carport has a capacity to accommodate three or more automobiles. Further, an automatic sprinkler system shall be installed in the garage and/or carport portion(s) of any existing dwelling when such dwelling is altered, repaired, added to, or expanded so as to increase the floor space under roof by fifty percent or more of the amount of floor space under roof immediately prior to such alteration, repair, addition, or expansion when said garage and/or carport has a capacity to accommodate three or more automobiles. For the purposes of this paragraph, any alteration, repair, addition or expansion shall be considered as equalling or exceeding the above fifty percent limit where the work of construction or improvement is done at different time intervals requiring two or more building permits within a period of five years after completion of the first improvement, where although each is for a project encompassing an addition of less than fifty percent of increased floor space, but which when combined with other expansions during said five year period of time, increased the amount of floor space under roof by fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several alterations, repairs, additions or expansions. Any automatic sprinkler systems installed pursuant to this subsection shall be installed in accordance with the standards contained in National Fire Protection Association Document 13D. Where the dwelling is located in a designated hazardous fire area, the automatic sprinkler system shall be equipped with water flow switches that have a built in retard Rev. 10/15/86 -9- assembly~ which will send an alarm signal when activated to the digital alarm communicator transmitter or the fire alarm control panel as required by Chapter 16, Article 16-60 of the Saratoga City Code. This amendment to the Uniform Building Code, 1985 Edition, is required because of the higher risk of explosion and greater intensity of fire in three car garages and because the response time of emergency equipment to calls for aid in the hazardous fire areas is impaired due to: (1) the non-availability of access to some portions of the hazardous fire areas, (2) the existence of steep, narrow streets and roadways located in the hazardous fire areas, (3) the lack of connecting streets or roadways in the hazardous fire areas. Further, the presence of heavy vegetation in the hazardous fire areas increases the potential for the rapid spread of any fire which may start in those areas, particularly during seasonal dry spells." SECTION 12: Section 16-15.120 in Article 16-15 is amended to read as follows: "~16-15.120 Deletion of general provisions in Section ll0(b) of Appendix Chapter 1 Section 110(b) of Appendix Chapter 1 of the Building Code is hereby deleted." SECTION 13: Section 16-15.130 in Article 16-15 is amended to read as follows: n~16-15.130 Section 1202 of Appendix Chapter 12 amended concerning conflict between adopted codes Section 1202 of Appendix Chapter 12 of the Building Code, is hereby amended to read as follows: See. 1202. Buildings regulated by this Chapter shall be designed and constructed to comply with the requirements of the One and Two Family Dwelling Code, 1985 Edition, promulgated jointly by the International Conference of Building Officials; the Building Officials and Code Administrators International, Inc., and the Southern Building Code Congress International, Inc. Whenever a conflict exists between the provisions of the Building Code, and the One and Two Family Dwelling Code, the provisions of the Building Code, as adopted by the City, shall prevail." SECTION 14: Section 16-25.010 in Article 16-25 is amended to read as follows: "S16-25.010 Adoption of Uniform Plumbing Code The 1985 Edition of the Uniform Plumbing Code, including all Appendices and IAPMO Installation Standards, as compiled and published by the International Association of Plumbing and Mechanical Officials, hereinafter referred to as the "Plumbing Code," three copies of which have been filed for use and examination by the public in the office of the City Engineer, is hereby referred to and except as to Rev. 10/15/86 -10- additions, deletions and amendments hereinafter noted~ such Code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Plumbing Code of the City." SECTION 15: Section 16-25.050 in Article 16-25 is amended to read as follows: "~16-25.050 Section 1105 amended concerning size of building sewers Section 1105 of the Plumbing Code is hereby amended to read as follows: Section 1105 - Size of Building Sewers, The minimum size of any building sewer shall be determined on the basis of the total number of fixture units drained by such sewer, in accordance with Table 11-2. All horizontal drainage piping below the first floor, receiving the discharge of one or more water closets, shall be not less than four inches in diameter. This amendment is required because the large lots and setback requirements which exist in the City create the need for larger and longer gravity fed drainage pipes." SECTION 16: Section 16-30.010 in Article 16-30 is amended to read as follows: "~16-30.010 Adoption of Uniform Meehanienl Cede The 1985 Edition of the Uniform Mechanical Code, including all Appendices, as compiled and published by the International Conference of Building Officials, and the International Association of Plumbing and Mechanical Officials, hereinafter referred to as the "Mechanical Code," three copies of which have been filed for use and examination by the public in the office of the City Engineer, is hereby referred to and except as to additions, deletions and amendments hereinafter noted, such Code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Mechanical Code of the City." SECTION 17: Section 16-40.010 in Article 16-40 is amended to read as follows: "~16-40.010 Adoption of Uniform Housing Code The 1985 Edition of the Uniform Housing Code, as compiled and published by the International Conference of Building Officials, hereinafter referred to as the "Housing Code," three copies of which have been filed for use and examination by the public in the office of the City Engineer, is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, such Code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shah be the Housing Code of the City." Rev. 10/15/86 -11- SECTION 18: Section 16-45~010 in Article 16-45 is amended to read as follows: "~16-45.010 Adoption of Uniform Code for the Abatement of Dangerous Buildings The 1985 Edition of the Uniform Code for the Abatement of Dangerous Buildings, as compiled and published by the International Conference of Building Officials, hereinafter referred to as the "Abatement of Dangerous Buildings Code," three copies of which have been filed for use and examination by the public in the office of the City Engineer, is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, such Code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Abatement of Dangerous Buildings Code of the City. SECTION 19: Section 16-45.025 is added to Article 16-45, to read as follows: "S16-45.025 Section 202 amended concerning abatement procedure Section 202 of the Abatement of Dangerous Buildings Code is hereby amended to read as follows: Sac. 202. All buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 401 of this code. As an alternative or in addition to such procedure, the building official or other employee or official of this jurisdiction may institute any other appropriate action to prevent, restrain, correct or abate the public nuisance." SECTION 20: Section 16-45.040 is added to Article 16-45, to read as follows: "~16-45.040 Section 205 deleted Section 205 of the Abatement of Dangerous Buildings Code is hereby deleted." SECTION 2h Section 16-45.050 is added to Article 16-45, to read as follows: "~16-45.050 Section 302 amended to include failure to complete construction Section 302 of the Abatement of Dangerous Buildings Code is amended by adding Paragraph 19, to read as follows: 19. Whenever the construction of any building or structure is not fully completed within twenty-four months, or such longer period of time as may be allowed by the building official, from the date on which the building permit for such building or structure is first issued.*' Rev. 10/15/86 -12- -· SECTION 22: Subsection 16-55.040(a) in Article 16-55 is amended to read as follows: "(a) Two sets of grading plans and specifications. When required by the City Engineer, such plans and specifications shall be prepared and signed by a civil engineer." SECTION 23: The first paragraph of Section 16-75.020 in Article 16-75 is amended to read as follows: "Whenever any Section of this Code, or any code adopted by this Chapter, or any other ordinance or regulation of the City requires the submission of a geology or soils report (hereinafter referred to as a geoteehnical report) or whenever such report is otherwise required by the City Engineer or the Planning Director, the following provisions shall be applicable:" SECTION 24: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 25: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the 5th day of November , 1986, by the following vote: AYES: CounCilmembers Anderson, Clevenger, MDyles, and Mayor Hlava NOES: None ABSENT: Cotmc~ Peterson A : MAYOR which has been CITY CLERK pu lished according to law. Deputy City Clerk ~ Date Rev. 10/15/86 -13-