HomeMy WebLinkAbout2007/10/08 Board of Appeals & Advisors Agenda Packet CITY OF CHULA VISTA
BOARD OF APPEALS AND ADVISORS
REGULAR MEETING
AGENDA
Monday - 5:15 p m. City Council Chambers October 8, 2007
276 Fourth Avenue, Chula Vista, CA 91910
CALL MEETING TO ORDER/ROLL CALL
West_ Turner_ Buddingh_ Hieronimus_ Buencamino- Andrews_ Flach_
Lopez_
1. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM:
2. APPROVAL OF MINUTES: June 26, 2007 (Special Meeting)
3. NEW BUSINESS:
A Presentation of Commemorative Plaque to Mr Romo for his years of
service
B Introduction of Mr Jose Lopez to the Board of Appeals and Advisors
C Adoption of the various 2007 Editions for the California Building Codes
4 CHAIRMAN'S COMMENTS/REPORTS:
5. BUILDING OFFICIAL'S COMMENTS/REPORTS: '
6., COMMUNICATIONS (PUBLIC REMARKS/WRITTEN CORRESPONDENCE): j
7„ ADJOURNMENT TO REGULARLY SCHEDULED MEETING ON
MONDAY, DECEMBER 10, 2007 AT 5:15 PM IN CONFERENCE ROOM 137
(Monday, November 12, 2007 is Veteran's Day Holiday, no meeting will be held)
i
~b ~ 01
BRAD REMP, C.B O DATE i
ASST. DIR. OF PLANNING & BUILDING/BUILDING OFFICIAL
SECRETARY TO THE BOARD OF APPEALS AND ADVISORS
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MINUTES OF SPECIAL MEETING
BOARD OF APPEALS AND ADVISORS
CITY OF CHULA VISTA, CALIFORNIA
June 26, 2007 City Council Chambers- City Hall 5:15 PM
276 Fourth Ave. Chula Vista, CA 91910
CALL MEETING TO ORDER: Chair West called meeting to order at 5:15 PM
ROLL CALL: Romo, Flach, Turner, West, Buddingh, Heironimus, Buencamino-Andrews
MEMBERS ABSENT: Vice-Chair Turner and Member Heironimus
MEMBERS ABSTAINING: None
CITY STAFF PRESENT: Jim Sandoval, Director of Planning and Building; Brad Remp, Assistant
Director/Deputy Building Official of Planning and Building; Sharon Marshall,
Senior Assistant City Attorney; Eileen Dimagiba, Senior Office Specialist
(Recording Secretary); Diana Vargas, Senior Administrative Secretary
OTHERS PRESENT: Scott Vinson, Carmelita Vinson, Andrew Griffin, Richard Dascoli, Charles
Moore, David Bright, Bill Hall, Patti McKelvy, Barbara Brown, Lupe Soto,
Isabel Hall, Lisa Cohen, Jose Uribe, Jay Norris, Chris Lewis, Jose Morales,
Brad Wilson, Dan O'Hanlon, Angelica Martinez, Karen Vargas, John Smith
1 SPECIAL ANNOUNCEMENT: Chair West said opening statement for procedure for this special
meeting
2 DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM: Vice-Chair Turner and Member
Hieronimus have excused absences.
3 APPROVAL OF MINUTES: April 9, 2007 and June 11, 2007 (MSU 5-0-2-0)
4 NEW BUSINESS:
A Property Transfer Report ~i
Introductory remarks from Brad Remp, Assistant Director/Building Official for Planning & Building.
Stated that time for group presentations would have time limit of 15 minutes, and individuals each I
would have 5 minutes to speak He introduced Jim Sandoval, Director of Planning & Building to
speak
1 Jim Sandoval, Director of Planning and Building introduced himself and presented
information on the proposed Property Transfer Report ordinance. He said one reason
the City of Chula is proposing this ordinance to Council is because in the last 5 years,
illegal construction in homes as they transfer ownership has been an increasing problem,
and the City is not in the condition that it used to be Code Enforcement has increasingly I
been dealing with this issue daily; this issue being more a health and safety issue above
anything else. The City has also talked to other communities in California that have
adopted similar ordinances like this one, with positive results. He said he feels that this
ordinance is a tool that would help solve these illegal construction problems
Board of Appeals & Advisors Page 2 June 26, 2007
Meeting Minutes
2 Brad Remp spoke and said as a result of the last Board of Appeals & Advisors Meeting
on June 11, 2007, City staff has made the appropriate changes to this proposed
ordinance and have provided additional information after hearing comments from the
Board and the public that attended that night. He said the purpose of this special
meeting tonight was at the request of the Board, so additional information and comments
can be conveyed Mr Remp started his presentation by saying that the purpose of this
ordinance, which was to facilitate the sharing of information between sellers and buyers
of property in an effort to detect and resolve illegal construction. This ordinance requires
sellers to obtain a report from the City and provide it to the prospective buyer prior to
completion of the sale The report will contain the City's information about the property
including zoning, building permit history, and any active Code Enforcement cases and will
cost $70 to obtain. He reiterated that problems identified as a result of the information
will not preclude the sale or transfer of the property, and that voluntary on-site inspections
are not required but will be provided upon request. Mr. Remp introduced some changes
made since June 11, 2007 meeting. First one was in section 15 21 030 on page three,
changes made to specify listed or "offered" properties; another change made under
section 15.21 050 confirms it's the property owner's responsibility to secure the Tenant's
permission to make the property available for inspection; under section 15 21.060 on
page 4 changes to further clarify intent of a voluntary inspection; under section 15 21 090
on page 5 changes made regarding remediation. Mr Remp made a presentation
addressing questions from the 3-page memo sent to the Board from the Pacific
Southwest Association of Realtors. Mr Remp said with this proposed ordinance, the City
has constructed the least invasive method in dealing with a significant Code Enforcement
problem the City has He provided examples of other cities in California with similar
ordinances. He stated that the City of Escondido has a current proactive inspection
program specifically for this issue. He also addressed a particular Code Enforcement
case that had illegal construction and had 26 beds in the house and was being rented,
and a health and safety hazard of a bbq set up providing heating to the house
3 Mr. Remp presented a "sample report" of how the Property Transfer Report would look
This is the report that would have a fee of $70 and the report that would be obtained from
the City's database system indicating the most accurate building permit history on a
particular property, and any open or outstanding Cade Enforcement violations on the
property, from the database system
QuestionslComments from the Board:
1 Member Buddingh had a question for Mr Remp about the details of section 15 21 060
and whether the scope of inspection is for the "on-site" inspection Mr Remp said yes
2 Member Flach asked Mr Remp if this only addresses residential properties and not
commercial Mr Remp said yes, properties that are single-family-dwellings.
3 Member Buencamino-Andrews had a question about whether or not the memo from the
Pacific Southwest Association of Realtors (PSAR) already addresses this ordinance and
how memo mentioned that realtors already have 7 different forms that require disclosing
this information, Mr Remp answered by saying none of those forms indicated specifically
the responsibility for the seller or the agent to do permit research with the City and to
provide that information
4 Member Buddingh made comments referring back to the memo from PSAR and their
disclosure forms, He referred back to section five on the disclosure statement in bold that
says, "Buyers and sellers may wish to obtain professional advice and/or inspections of the
property and to provide for appropriate provisions and a contract between buyers and
sellers with respect to any advice, inspections, defects. He says that this ordinance is
doing exactly this He stated that realtors need to become more trained in disclosing this
information to potential buyers, and with this ordinance the City will just provide the
information required. He asked the public if they would like to be sued, He also asked
with a show of hands that were realtors, residents, and non-realtors and residents of the
Board of Appeals & Advisors Page 3 June 26, 2007
Meeting Minutes
City of Chula Vista He stated that he doesn't see what the big issue is with this
ordinance, because nothing about this ordinance is delaying the transaction of the sale of
the home He said it's just a $70 informational report Several members of the public
shouted back answers to Member Buddingh He stated that realtors are already
supposed to do this anyway, and again, this ordinance is not a bad ordinance
5 COMMUNICATIONS (PUBLIC COMMENTSIWRITTEN CORRESPONDENCE) (SPEAKER CARDS):
? Scott Vinson, Real Estate Agent, stated that he is opposed to this ordinance because he has never
reviewed building permits and that they are not experts iri building codes. He also stated that the City
should not have this report at the "point of sale" because that is not the right time for this to happen
? Carmelita Vinson, Real Estate Agent Coldwell Banker and Scott Vinson's wife, stated she is
opposed to this ordinance because realtors should not be held responsible and properties are taking
longer to sell and it is not right to do this to them. She said, "Who would be liable?"
? Andrew Griffin, resident of Chula Vista for 25 years and licensed general contractor, stated he is in
favor of this ordinance He talked about a current Code Enforcement case he is dealing with and
property owner's last name is Murel He said they purchased the house through a realtor in the City
of Chula Vista, and did not know that there was a remodeling project that was recently done without
permits to that home they purchased, He said that before they closed Escrow, the Code Enforcement
officer advised the realtor of this problem, and the realtor "had the audacity' to ask the Code
Enforcement Officer to wait to go forward with this case against the Murels, until he closed Escrow
Code Enforcement notified the realtor and the seller of the violation. However nothing was done
about it on the realtor's part, and Escrow closed, leaving the Murels with this big illegal construction
problem And he said that it was not until the Murels moved into the home that they discovered that
the remodeled bathroom was lacking plumbing piping and they started complaining to the realtor
about it, and then they learned the severity of their problem. This Code Enforcement issue is still
going on right now, costing the Murels thousands of dollars, and they have no recourse against the
realtor because that real estate company is now bankrupt with dozens of judgments of fraud
outstanding against them Mr Griffin ended his comments by saying that this ordinance would be a
big benefit to everyone concerned The buyer would be protected from the possibility of a disaster
like the Murels', the City Of Chula Vista would be given the resources to protect the buyers, and
realtors would avoid the possibility of problems of a seller failing to disclose an unpermitted
improvement.
? Richard D'ascoli, Pacific Southwest Association of Realtors, is opposed to this ordianance. He
stated that he is very disappointed with the way this whole process has worked with the City so far,
and is disappointed that the City didn't go to the Chamber of Commerce with is. He said that this is a
big "business issue" for the City and would not be good for Chula Vista. He also mentioned that the
first paragraph of the staff report that states, .enhance the City's ability to resolve Code
Enforcement violations.. is not clear and doesn't see how this ordinance will help resolve that
because Code Enforcement is not involved anywhere in the process. He also asked what will the $70
report would cover?
(Richard D'ascoli went over his time limit of five minutes, there becomes confusion on the exact
procedures on time limits for a group presentation.)
? Sharon Marshall, Deputy City Attorney for City of Chula Vista speaks and says that Mr. D'ascoli
has gone over his time limit and that according to Council Rules, if you are speaking for an
organization, you can receive up to thirty minutes to speak, if requested, but other members from that
organization cannot speak after you
? David Bright, Attorney for Southwest Pacific Association of Realtors, addresses this time issue with
Sharon Marshall and says that we are breaking Brown Act Compliance in that when a person speaks,
they don't speak on behalf of every single member, they are speaking on behalf of SPAR and
members have the individual right to speak, and he doesn't understand why they are not allowed to
speak after Mr D'ascoli
? Sharon Marshall, Deputy City Attorney for City of Chula Vista responds by saying that Council
has adopted rules pursuant of the Brown Act in order to be able to regulate meetings in a timely
fashion and those rules say if you are speaking for an organization, you are to tell the Chair, and the
Chair will give you up to thirty minutes to do your presentation, but that means you are speaking for
the organization and the members of that organization David Bright asks if there are rules on this,
Board of Appeals & Advisors Page 4 June 26, 2007
Meeting Minutes
and Sharon Marshall says that there is and they are the Council Rules. Mr. Bright wants to know
what rule that was exactly. Sharon Marshall, leaves the dais to go and get a copy of the ordinance. It
is ordinance 2.04.240 There is back and forth discussion between Sharon Marshall and David Bright
on this time issue that goes on for a couple more minutes, It is settled that Mr. Dascoli is here
representing the "entity" of PSAR, and will be allowed to speak for fifteen minutes Mr Remp also
steps in and says that he was responsible for telling Mr. Dascoli that he can receive fifteen minutes to
speak
(Mr Dascoli is given another ten minutes to speak by Chair West, and his attorney David Bright will
be given ten minutes to speak)
? Richard Dascoli continues his presentation and states concern if the city's Internet goes down, and
if the report will not print, this will delay the sale of the property. He asked who will be liable for this?
He also states that he disagrees with the statement on page 2 of staff report, in the first paragraph
that says that "Staff investigations have revealed that frequently such unpermitted work represent
significant fire and life safety hazards " He says that City has not provided enough numbers and
statistics to confirm this, and this information is vague, and he reiterated that this is not a good
business decision for the City.
? David Bright, Attorney for Pacific Southwest Association of Realtors stated his opposition to this
ordinance He stated that in 1987, California passed Law (Civil Code 20.79 3), and states it is
excluded as a real estate agent or broker and they are not responsible for pulling building records or
permits He said this ordinance is contrary to this California law He also said their education does
not require this, and real estate agents are not qualified to do this. He also said that agents are to
"stay out of this (property transfer report) issue" and to put this burden on the seller or agent will
cause problems
? Bill Hall, former president of Chamber of Commerce, stated his opposition to this ordinance He
stated seven concerns, First, he noted the decline in home sales and how the market is bad.
Second, he said that this is not a good time to experiment with this kind of thing Thirdly, he talked
about the intent of the report and how it says the intent is to achieve the goal of code compliance. He
says that this report does not do this His fourth concern was about the open government implications
and problems the City has in giving notice to the public on this proposed ordinance, with supporting
details, His fifth concern was that providing this report will be time consuming His sixth concern was
that this ordinance would impact the west side of Chula Vista more than the east side His last
concern was in regards to the long-term impact on revenues for the City He lastly said that this
ordinance is poorly timed
? Patti McKelvy, realtor, stated her opposition to this ordinance and said she believes Chula Vista has
risen because of "points of sales" She says that the City is stringent on everything they do She
says this ordinance will have negative impact on the City and this ordinance will be another "layer' in
the home buying process, She also said that if this is such a big problem with the City, why haven't
more than 27 cities in California adopted this type of ordinance.
? Barbara Brown, Chula Vista resident and a realtor, stated her opposition to this ordinance. She says
that the Association of Realtors is the only body that lobbies for the homeowner and the only ones
that protect "private property rights' She says that she would not know how to interpret this report to
her buyer.
? Lupe Soto, realtor and resident of Chula Vista, stated her opposition to this ordinance. She said she
"represents 5 of the 27 cities in California that have adopted this type of ordinance' She stated that
in six months, this report could be different and asked who will be responsible for what? She said
that she as a realtor isn't required to know Code Enforcement.
? Isabel HaII, Realtor with McMillin Realty, stated opposition to this ordinance and said that this
ordinance will indeed impact the sale of a home, and delay the escrow and sale process of the home.
She said that the buyers are "free" not to get this report from the City and that this ordinance will be
detrimental to the west side of Chula Vista.
? Lisa Cohen, CEO of Chamber of Commerce, stated her opposition to this ordinance and that it will
not promote abusiness-friendly environment, She referenced the letter given to each of the Board of
Appeals & Advisors members and stated that this report will make the City worse
? Jose Uribe, realtor with Prudential, stated his opposition to this ordinance by stating that realtors will
not be able to interpret this report
? Jay Norris, from PSAR, Chamber of Commerce, & First American Title Insurance Company, stated
his opposition to this ordinance and said that Title Insurance Companies already have coverage for
Board of Appeals & Advisors Page 5 June 26, 2007
Meeting Minutes
this kind of problem He said that since 1995, they have had 300 title claims and that these statistics
say that this is not a huge issue.
? Chris Lewis, from McMillin Realty stated his opposition to this ordinance and stated that realtors
should not become the "policemen" for Code Enforcement for the City.
? John Smith, realtor and homeowner, stated opposition to this ordinance and said that disclosures
already "strongly advise" to do something like this stating it is the "buyers responsibility" He said that
Code Enforcement is the City's responsibility and that it shouldn't be forced on the realtors He also
said that this would be unfair because homeowners that have no violations on their property would
have to pay $70 for the report also,
(Chairman West calls fora 5-minute break)
? Jose Morales, homeowner and businessman, said that he is in favor of this ordinance. He stated
that he bought a property had a garage that was illegally converted, and he had to pay thousands of
dollars in fines to correct this problem because his realtor did not tell him that this construction was
illegal. He stated that he also has another house that he bought that had an illegal 3`d bedroom in it
He said that he is currently working with code enforcement and for this particular case so far, he has
paid about $900.00 in fines because the seller did not disclose to him information that this house is
supposed to be only 2 bedrooms, when it had illegally had an extra room He said that he is currently
struggling to make the money to correct these problems, but says that it's been hard He said that no
one told him to research building record information on the properties he was buying; something he
says the realtors should have told him to do, and he is very happy that the City of Chula Vista is
considering a law on this He says that right now, tonight, he is hearing realtors talk about nothing
but money and profit He reiterated that he hopes that the City will pass this ordinance to help solve
these houses that are selling with illegal construction He said that realtors should be able to afford
the $70 fee for this report, when he is paying thousands of dollars in fines for something he didn't do
He also said that it is not fair to have the buyer pay all of these fines in illegal construction, when they
didn't know about the illegal construction when they bought the house..
' ? Brad Wilson, general contractor and realtor, stated his opposition to this ordinance. He said that he
as questions on the statement in the ordinance that says, "significant reduction in illegal building" and
questions on how the issue of when the "add-on" was discovered would be addressed He said that
this ordinance would hurt western Chula Vista
? Dave Wilson, stated that he is probably one of the few realtors that is in favor of this ordinance. He
said his reason being that he is soon to be retired from the real estate business and he is looking for
another career where he can make additional money, and would be interested in maybe setting up a
consulting firm for the City of Chula Vista in helping to provide this property transfer report He also
added that the more you pass ordinances like this, the bigger the "real estate file" gets, and more
money will be made
Questions/Comments from the Board: '
• Member Buddingh asked Brad Remp how long is it for an on-site inspection and if City staff
would be able to handle the "flood" of inspections for this ordinance? He said that he would like
to see the "waiver language" in this ordinance, asked if there is relief for seller of any future
lawsuits, and asked to include language of "reimbursement" somehow to the seller
• Member Flach commented on how the main thing that realtors are fighting for is "buyer's '
responsibility" when it is supposed to be the realtor's responsibility for this protection.
• Member Romo commented on atime-constraint issue, and the issue of the Title Insurance
Waivers He said he wants to address these issues. He commented to the public that these '
codes are in place, and this ordinance is being proposed for heath and safety.
• Brad Remp, addressed the issue on Title Insurance coverage. He said that if it says on this '
"insurance" that Title Companies insure what is not caught in transaction process, he would like
look into this further He also asked if all transactions get this level of insurance Several
members in the audience indicated yes '
• Member Buddingh, asked if a person can get more than the allotted $25,000 in insurance
coverage if they paid more? The response from the audience was no
• Member Buencamino-Andrews asked Mr Remp if there would be a back up computer in place
with all this information, just in case the main computer breaks down? Brad responded by
Board of Appeals & Advisors Page 6 June 26, 2007
Meeting Minutes
saying there should be no delay in retrieving the information The City has an elaborate file
retrieval system.
• Jim Sandoval asked how long is the term of this insurance? And how many years? And could
Code Enforcement send these cases back to the Title Company? He commented that this
meeting was a good education point for our staff and that we were not aware that we can send
our code enforcement cases related to this issue, back to their title companies
Approval of Ordinance:
MSC (WestlBuddingh) (4-0-2-1) Motion was made to recommend adoption of the Property
Transferred Report to Council with specific changes and modifications. It was recommended
by Chairman West to adopt the ordinance as it was presented tonight, but to incorporate
additional changes and modifications into the modified ordinance. Staff will ask City
Attorney's office to look into proposing "waiver language" and also for staff to looking into
the Title Insurance issue. Mr. Remp stated that the action taken tonight on this ordinance is
not a final adoption, but a recommendation.
6.. CHAIRMAN'S COMMENTSIREPORTS: None
7., BUILDING OFFICIAL'S COMMENTS/REPORTS: None
8. ADJOURNMENT: MSC (West/ Buencamino-Andrews) (4-0-2-0) Member West adjourned this meeting
at 8:28 PM to a regular meeting in the Planning and Building Conference Room #137 on Monday, July
9`", 2007
BRAD REMP, C.B,O
ASST DIR. OF PLANNI & BUILDING/ BUILDING OFFICIAL
SECRETARY TO THE BOARD OF APPEALS & ADVISORS
MINUTES TAK N BY:
EILEEN DIMAGIBA, SR. OFFICE SPECIALIST
PLANNING & BUILDING DEPARTMENT
(RECORDING SECRETARY)
BOARD OF APPEALS AND ADVISORS
Meeting Date: 10108107
Subject: Ordinances adopting the various 2007 California building codes and their administrative
provisions
Submitted By: Assistant Director of Planning and Building/Building Official
Fire Chief
The California Building Standards Commission has mandated that jurisdictions within the State start
enforcing the 2007 Editions of the California building codes on January 1, 2008 The adoption of California
building codes is a routine action undertaken by the City in response to newly State adopted building
codes This action will allow the City to incorporate appropriate local amendments into the enforcement
program,
RFCt7MMFNDATION Recommend to City Council the adoption of the various 2007 Editions of the
California building codes
DISCI ISSION• As mandated by the California Building Standards Commission (CBSC), jurisdictions within
the State shall begin enforcing the 2007 Editions of the California building codes on January 1, 2008
Traditionally, the State adopts and amends updated codes every three years Due to actions taken by the
CBSC during prior adoption cycles, the State continued adopting the 1997 Uniform Building Code (UBC)
as the base code for the California Building Code (CBC), including the current 2001 CBC The 1997 UBC
has not been modified since 1996, All of the reference standards in that code are outdated. During this
adoption cycle, the CBSC adopted the 2006 International Building Code (IBC) as the base code for the ,
2007 CBC The 2007 CBC is signifcantly different than the current 2001 CBC and in many cases the
updates to the reference standards involve major changes in structural and fire resistance design
practices. Code enforcement personnel, design professionals and others involved in the building
construction industry will have to become familiar with different wind, seismic and material design
standards that are three additions more recent, This will require a considerable amount of training for staff
and the industry. It is estimated to take 30% more time to plan review a project under the 2007 CBC than
the current code Furthermore, jurisdictions and the industry will have to purchase a considerable number
of design standards that are referenced in the 2007 CBC
In addition, and for the purpose of compatibility with the 2006 IBC, the CBSC adopted the 2006
International Fire Cade (IFC) as the base code for the 2007 California Fire Cotle (CFC), which is also
significantly different than prior fire codes enforced in California
As for the remaining codes, they are based on recent editions of prior base codes adopted by the State,
Proposed Municipal Code Chapter 15 06: The provisions of Chapter 15,06 serve as the administrative,
organizational and enforcement rules and regulations for the following technical building codes:
Meeting Date 10/08107 Page 2
The 2007 California Building Cotle
The 2007 California Mechanical Code
The 2007 California Plumbing Code
The 2007 California Electrical Code
The 2005 California Energy Code
The 2007 California Referenced Standards Code
The above noted codes are developed by different organizations; the Building Code is developed by the
International Code Council, the Plumbing and Mechanical Codes are developed by the International
Association of Plumbing and Mechanical Offcials, and the Electrical Code is developed by the National
Fire Protection Association The administrative provisions within these codes are similar with few
differences that need to be amended in order to establish consistency within each other and with existing
provisions contained in the Municipal Cotle Chapter 15.06 consolidates the administrative provisions of
the above noted codes and incorporates local administrative provisions Having one set of provisions
facilitates the administration of the codes and future code adoptions Most of the local amendments to the
adopted codes are amendments to administrative provisions that are within each code Having the
provisions consolidated under one chapter reduces, and in some cases, eliminates local amendments
The administrative provisions in the Fire Code are different from the codes noted above, and therefore, the
provisions of Chapter 15 06 tlo not apply to the Fire Code
Jurisdictions within San Diego County have met collectively to discuss suggested amendments to the
codes during monthly meetings of the San Diego Area Chapter of the International Code Council, As such,
this process recognizes and promotes code uniformity throughout the jurisdictions within the County
creating a positive professional environment among all code users
Attachments:
A AN ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING CHAPTER 15.06,
ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL BUILDING CODES, TO THE CHULA
VISTA MUNICIPAL CODE
B AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 1508 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING CODE, 2007 EDITION
C AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 1510 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE,
2007 EDITION
D. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15 16 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA MECHANICAL CODE, 2007 EDITION
E AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15 24 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2007 EDITION,
H:\BCD_HSG\2007 Codes Adoption\BOAA 2007 Codes Adoption doc
Meeting Date 10/08/07 Page 2
F AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE, 2007 EDITION.
G AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE, 2007 EDITION
H:~BCD_HSG~2007 Codes Adop[ian~BOAA 2007 Codes Adoption doc
Attachment A
DRAFT
ORDINANCE NO..
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 1506, ADMINISTRATIVE
PROVISIONS FOR THE TECHNICAL BUILDING CODES, TO THE CHULA VISTA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I That Chapter 15.06 is added to the Chula Vista Municipal Code and reads as follows:
Chapter 15.06
Administrative Provisions for the Technical Building Codes
Sections:
Section 15,06 001 Purpose
Section 15 06 005 Scope
Section 15 06 010 Applicable Codes
Section 15 06 015 Definitions
Section 15 06.020 Conflicting Provisions
Section 15 06.025 Existing Installations
Section 15.06,030 Existing Occupancy
Section 15.06,035 Maintenance
Section 15.06 040 Temporary Structures and Uses
Section 15,06 045 Alternate Materials, Methods of Design and Methods of Construction
Section 15,06 050 Tests
Section 15,06 055 Authority
Section 15 06 060 Powers and Duties of the building official
Section 15 06.065 Unsafe Buildings, Structures or Building Equipment
Section 15 06 070 Board of Appeals and Advisors
Section 15 06 075 Violations
Section 15 06 080 Permits
Section 15 06 085 Application for a Permit
Section 15 06.090 Permit Issuance
Section 15 06.095 Fees
Section 15 06.100 Inspections
Section 15 06,105 Compliance Survey Inspection
Section 15 06,110 Connection to Utilities
Section 15.06115 Certificate of Occupancy
Section 15..06..001 Purpose
The purpose of this Chapter is to provide for the administration and enforcement of the technical
codes listed under Section 15 06 010
Section 15.06.005 Scope
The provisions of this Chapter shall serve as the administrative, organizational and enforcement
rules and regulations for the technical codes listed under Section 15 06 010 which regulate site preparation
and construction, location, alteration, moving, demolition, repair, use and occupancy of buildings, structures,
and building service equipment
Provisions contained in the appendices of the technical codes shall not apply unless specifically adopted by
the City of Chula Vista.
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Section 15..06..010 Applicable Codes
The following technical codes are adopted by the city of Chula Vista:
A The 2007 California Building Code with local amendments (Chapter 15.08 of the Chula
Vista Municipal Code)
B, The 2007 California Mechanical Code (Chapter 15.16 of the Chula Vista Municipal Code).
C The 2007 California Plumbing Code (Chapter 15 28 of the Chula Vista Municipal Code)
D The 2007 California Electrical Code with local amendments (Chapter 15.24 of the Chula
Vista Municipal Cotle)
E The 2005 California Energy Code with local amendments (Chapter 1526 of the Chula
Vista Municipal Cade).
P The 2007 California Referenced Standards Code (Chapter 15,10 of the Chula Vista
Municipal Code) '
Section 15..06.015 Definitions
Where terms are not defined, they shall have their ordinarily accepted meanings within the context
with which they are used Words used in the singular include the plural, and the plural the singular Words
used in the masculine gender include the feminine, and the feminine include the masculine
"Addition" means an extension or increase in floor area or height of a building or structure
"Alter or Alteration" means a change or modification in construction or building service equipment.
"Approved, as to materials, types of construction, equipment and systems" means approval by the
building official as the result of investigation and tests conducted by the building offcial, or by reason of
accepted principles or tests by recognized authorities, technical or scientific organizations.
"Approved Agency" means an established and recognized agency regularly engaged in conducting
tests or furnishing inspection services, when the agency has been approved by the building official
"Building" means a structure used or intended for supporting or sheltering a use or occupancy
"Building Code" means the California Building Cotle, as adopted and amended by the city in
Chapter 15 08 of the Municipal Code,
"Building, Existing" means a building erected prior to the adoption of this chapter and the adoption
of the technical codes, or one for which a legal building permit has been issued
"Building Offcial" means the officer or other designated authority charged with the administration
and enforcement of this code and the technical codes, or duly authorized representative The Building
Official for the City of Chula Vista is the Assistant Director of Planning and Building overseeing the Building
Division
"Building Service Equipment" means the plumbing, mechanical and electrical equipment including
piping, wiring, fixtures and other accessories which provide sanitation, lighting, heating, ventilation, cooling,
refrigeration and fire-fighting that is essential to the occupancy of the building or structure for its designated
use
"Electrical Code' means the California Electrical Code, as adopted and amended by the city in
Chapter 15.24 the Municipal Code.
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"Listed and Listing" means equipment and materials included in a list published by an approved
testing laboratory, inspection agency, or other organization concerned with product evaluation that
maintains periodic inspection of current productions of listed equipment or materials than states that the
material or equipment complies with approved nationally recognized codes, standards or tests and has been
tested or evaluated and found suitable far use in a specified manner. '
"Mechanical Cotle" means the California Mechanical Code, as adopted and amended by the city in
Chapter 1516 of the Municipal Code
"Occupancy" means the purpose for which a building, or part thereof, is used or intended to be
used.
"Owner" means any person, agent, frm or corporation having a legal or equitable interest in the
property
"Permit" means an official document or certificate issued by the building official authorizing
performance of a specifetl activity
"Person" means a natural person, heirs, executors, administrators or assigns, and also includes a
firm, partnership or corporation, its or their successors or assigns or the agent of any of the above
"Plumbing Code" means the California Plumbing Code, as adopted and amended by the city in
Chapter 15.28 the Municipal Code
"Repair" means the reconstruction or renewal of any part of an existing building, structure or
building service equipment for the purpose of its maintenance.
"Structure" means that which is built or constructed, an edifice or building of any kind, or any piece
of work artifcially built up or composed of parts joined together in some definite manner
"Technical codes" means those codes listed in Section 15 06.010.
"Valuation or Value", as applied to a building and its building service equipment, means the
estimated cost to replace the building and its building service equipment in kind, based on current
replacement costs
Section 15.06..020 Conflicting Provisions
When conflicting provisions or requirements occur between this chapter, the technical codes and
other codes or laws, the most restrictive shall govern
When conflicts occur between the technical codes, those provisions providing the greater safety to
life shall govern In other conflicts where sanitation, life safety or fire safety are not involved, the most
restrictive provisions shall govern
Where in a specific case different sections of the technical codes specify different materials,
methods of construction or other requirements, the most restrictive shall govern, When there is a conflict
between a general requirement and a specific requirement, the specifc requirement shall be applicable
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When conflicts occur between specific provisions of this chapter and administrative provisions in a
technical code, those conflicts shall be resolved in favor of this chapter, which shall be prevailing.
Section 1506.025 Existing Installations
Building service equipment lawfully inexistence at the time of the adoption of the technical codes
may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with
the original design and a hazard to life, health or property has not been created by such building service
equipment
Section 15.06.030 Existing Occupancy
Buildings inexistence at the time of the adoption of the Building Cotle may have their existing use
or occupancy continued if the use or occupancy was legal at the time of the adoption of the Building Code,
and provided continued use is not dangerous to life, health and safety
A change in the use or occupancy of any existing building or structure shall comply with the
provisions of Section 15 06115 and the Building Code
Section 15.06035 Maintenance
Buildings, structures and building service equipment, existing and new, and parts thereof shall be
maintained in a safe and sanitary condition Devices or safeguards, which are required by the technical
codes, shall be maintained in conformance with the technical code under which the device or safeguard was
installed The owner shall be responsible for the maintenance of buildings, structures and their building
service equipment, To determine compliance with this section, the building official may cause a structure to
be reinspected
Section 15.06.040 Temporary Structures and Uses
A General. The building official is authorized to issue a permit for temporary structures and
temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than
180 days The building official is authorized to grant extensions for demonstrated cause
B Conformance Temporary structures and uses shall conform to the structural strength, fire
safety, means of egress, accessibility, light, ventilation and sanitary requirements of the technical codes as
necessary to ensure public health, safety and general welfare,
C Temporary power. The building offcial is authorized to give permission to temporarily supply
and use power in part of an electric installation before such installation has been fully completed and the
final certificate of completion has been issued. The part covered by the temporary certifcate shall comply
with the requirements specified for temporary lighting, heat or power in the Electrical Code
D Termination of approval. The building official is authorized to terminate a permit for a
temporary structure or use and to order the temporary structure or use to be discontinued
Section 15..06.045 Alternate Materials, Methods of Design and Methods of Construction
The provisions of the technical codes are not intended to prevent the use of any material, method
of design or method of construction not specifically prescribed by the technical codes, provided an alternate
has been approved and its use authorized by the building official.
The building official may approve an alternate, provided the building offcial finds that the proposed
design is satisfactory and complies with the provisions of the technical codes and that the material, method
or work offered is, for the purpose intended, at least the equivalent of that prescribed in the technical codes
in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation
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The building official may require documentation necessary to make findings for approval, The
details of an action granting approval of an alternate shall be recorded and entered in the files of the
Building Division
For purposes of this section, the code development and product approval and listing processes
utilized by the model code groups are deemed sufficient to make the required findings related to case-by-
case approvals of alternate materials and methods of design and construction
Section 15..06.050 Tests
Whenever, in the opinion of the building offcial, there is insuffcient evidence of compliance with
the provisions of the technical codes or evidence that materials or construction do not conform to the
requirements of the technical codes, the building official may require tests as evidence of compliance to be
made at no expense to the city
Test methods shall be as specified by the technical codes or by other recognized test standards, In
the absence of recognized and accepted test methods, the building official shall determine test procedures
Tests shall be made by an approved agency Reports of such tests shall be retained by the
building offcial for the period required for the retention of public records, I
Section 15.06.055 Authority
There is hereby established a building code enforcement agency which shall be under the
administrative and operational control of the building official
I
Whenever the term or title "administrative authority," "responsible official," "building official," "chief
inspector," or other similar designation is used in any of the technical codes, it means the building official,
I
Section 15.06.060 Powers and Duties of the building official ~
A The building official is authorized and directed to enforce all the provisions of this chapter and
the technical codes For such purposes, the building official shall have the powers of a law enforcement
officer The building official shall have the power to render interpretations of this chapter and the technical
codes, and to adopt and enforce rules and regulations supplemental to this chapter and the technical codes
as may be deemed necessary to clarify the application of the provisions of this chapter Such I
interpretations, rules and regulations shall be in conformity with the intent and purpose of this chapter and
the technical codes i
B Deputies The building official may appoint such number of technical officers and inspectors
and other employees as necessary. The building official may deputize such inspectors or employees as may
be necessary to carry out the functions of the building code enforcement agency. II
C Right of entry.. When necessary to make an inspection to enforce any of the provisions of this
chapter and the technical codes, or when the building official has reasonable cause to believe that there
exists in any building or upon a premises a condition which is contrary to or in violation of this code or the
technical codes which makes the building or premises unsafe, dangerous or hazardous, the building official
may enter the building or premises at all reasonable times to inspect or to perform the duties imposed by
this chapter, provided that if such building or premises be occupied, that credentials be presented to the
occupant and entry requested, If such building or premises be unoccupied, the building official shall first
make a reasonable effort to locate the owner or other persons having charge or control of the building or
premises and request entry Should entry be refused, the building official shall have recourse to the
remedies provided by law to secure entry.
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D Stop orders. When work is being done contrary to the provisions of this chapter, the technical
codes, or other pertinent laws or ordinances, the building official may order the work stopped by notice in
writing served on persons engaged in the doing or causing such work to be done, and such persons shall
stop the work immediately until authorized by the building official to proceed with the work
E Occupancy violations When a building or structure or building service equipment regulated by
this chapter and the technical codes is being used contrary to the provisions of this chapter and the
technical codes, the building official may order such use discontinued by written notice served on any
person causing such use to be continued, Such person shall discontinue the use within the time prescribed
by the building official after receipt of such notice to make the structure, or portion thereof, comply with the
requirements of this chapter and the technical codes.
F Authority to Disconnect Utilities, The building official shall have the authority to disconnect a
utility service or energy supplied to the building, structure or building service equipment regulated by this
chapter or the technical codes in case of emergency where necessary to eliminate an immediate hazard to
life or property The building offcial shall, whenever possible, notify the serving utility, the owner and
occupant of the building, structure or building service equipment of the decision to disconnect prior to taking
such action, and shall notify such serving utility, owner and occupant of the building, structure or building
service equipment, in writing, of such disconnection immediately thereafter
G Authority to remove building service equipment
1 When the building offcial ascertains that building service equipment regulated in the
technical codes has become hazardous to life, health or property, or has become unsanitary, the
building official shall order in writing that such equipment either be removed or restored to a safe or
sanitary condition, as appropriate The written notice shall fx a time limit for compliance with the
order Defective building service equipment shall not be maintained after receiving such notice.
2 When such equipment or installation is to be disconnected, a written notice of
disconnection and causes therefore shall be given within twenty-four (24) hours to the serving
utility, the owner and occupant of such building, structure or premises
3, When any building service equipment is maintained in violation of the technical codes
and in violation of a notice issued pursuant to the provisions of this section, the building official
shall institute appropriate action to prevent, restrain, correct or abate the violation.
H Connection after order to disconnect, A person shall not make connections from an energy, fuel
or power supply nor supply energy or fuel to building service equipment which has been disconnected or
ordered to be disconnected by the building offcial or the use of which has been ordered to be discontinued
by the building offcial until the building official authorizes the reconnection and use of such equipment.
I Liability The building official charged with the enforcement of this chapter and the technical
codes, acting in good faith and without malice in the discharge of his duties, shall not be rendered
personally liable for damage that may accrue to persons or property as a result of an act or omission in the
discharge of the assigned duties, A suit brought against the building offcial or employee because of such
act or omission performed by the building official or employee in the enforcement of the provisions of this
chapter and the technical codes or other pertinent laws or ordinances shall be defended by the city until f nal
termination of such proceedings, and any judgment resulting there from, shall be assumed by the city
This chapter shall not be construed to relieve from or lessen the responsibility of any person
owning, operating or controlling a building, structure or building service equipment for damages to persons
or property caused by defects, nor shall the city beheld as assuming such liability by reason of the
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inspections authorized by this chapter and the technical codes or permits or certificates issued under this
chapter and the technical codes
J Modifications When there are practical difficulties involved in carrying out the provisions of this
chapter and the technical codes, the building official may grant modifications for individual cases, The
building official must first find that a special individual reason makes the strict letter of this chapter and the
technical codes impractical and that the modification is in conformance with the intent and purpose of this
chapter and the technical codes and that such modification does not lessen any fire-protection requirements
or any degree of structural integrity. The details of any action granting modifications shall be recorded and
entered in the fles of the Building Division
K Cooperation of other officials and officers The building official may request, and shall receive,
the assistance and cooperation of other officials and employees so far as is required in the discharge of the
duties required by this chapter, the technical codes or other city pertinent laws or ordinances.
Section 15,06065 Unsafe Buildings, Structures or Building Service Equipment
A Buildings or structures regulated by this chapter and the technical codes which are structurally
inadequate or have inadequate egress, or which constitute a fire hazard, or are otherwise dangerous to
human life are unsafe buildings.
B, Building service equipment regulated by this chapter and the technical codes, which constitutes
afire, electrical or health hazard, or an unsanitary condition, or is otherwise dangerous to human life, is
unsafe Use of buildings, structures or building service equipment which are a hazard to safety, health or I
public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, I
damage or abandonment is an unsafe use
C Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural i,
members which are supported by, attached to, or a part of a building and which are in a deteriorated I
condition or otherwise unable to sustain the design loads which are specified in the Building Code are
unsafe building appendages.
D Unsafe buildings, structures or appendages and building service equipment are public
nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the
procedures set forth in Chapter 1518 As an alternative, the building official may institute other appropriate
action to prevent, restrain, correct or abate the violation,
Section 15..06.070 Board of Appeals and Advisors
The Board of Appeals and Advisors as established by Chapter 226 is hereby designated to hear
and decide appeals of orders, decisions, or determinations made by the Building Official relative to the
application and interpretation of the technical codes, The Board shall render all decisions and findings in
writing to the Building Official and provide a copy to the appellant. The decision of the Board is fnal
Section 15.06.075 Violations
A Unlawful acts. It shall be unlawful for any person to erect, construct, alter, extend, repair, move,
remove, demolish or occupy any building, structure or equipment regulated by this chapter and the technical
codes, or cause same to be done, in conflict with or in violation of any of the provisions of this chapter and
the technical codes
B Notice of violation, The building official is authorized to serve a notice of violation or order on
the person responsible for the erection, construction, alteration, extension, repair, moving, removal,
demolition or occupancy of a building or structure in violation of the provisions of this chapter and the
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technical codes, or in violation of a permit or certificate issued under the provisions of this chapter or the
technical codes. Such notice of violation or order shall direct the discontinuance of the illegal action or
condition and the abatement of the violation
C. Prosecution of violation If the notice of violation or order is not complied with promptly, the
building official is authorized to request the City Attorney to institute the appropriate proceeding at law or
equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful
occupancy of the building or structure
D, Violation penalties Any person who violates a provision of this chapter or the technical codes
or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building
or structure in violation of the approved construction documents or directive of the building official, or of a
permit or certificate issued under the provisions of this chapter and the technical codes, shall be subject to
penalties as prescribed bylaw
Section 15.06..080 Permits
A Permits Required Except as specified in subsection B of this Section, no building, structure or
building service equipment regulated by this chapter and the technical codes shall be erected, constructed,
enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate,
appropriate permit for each building, structure or building service equipment has first been obtained from the
building official,
B. Work Exempt from Permit. A permit shall not be required for the types of work in each of the
separate classes of permit as listed below Exemption from the permit requirements of this chapter shall not
be deemed to grant authorization for any work to be done in violation of the provisions of the technical
codes or any other laws or ordinances
1 Building permits.
A building permit shall not be required for the following:
a One-story detached accessory buildings, not exceeding twelve feet in height used as tool
and storage sheds, playhouses and similar uses, provided the floor area does not exceed one-
hundred forty-four square feet and are located so as to comply with the provisions of Section
19.58 020
b, Detached patio covers, not exceeding twelve feet in height, with a projected roof area
not to exceed one-hundred forty-four square feet and located at least six feet from any building
or structure on the same property
c Fences up to seventy-two inches and freestanding masonry walls up toforty-eight inches
in height above the highest adjacent grade
d Oil derricks
e Movable cases, racks, counters and partitions not over five (5) feet nine (9) inches
(1753 mm) high
f Retaining walls which are not over three feet in height measured from the top of the
footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids
g Water tanks supported directly upon grade if the capacity does not exceed five
thousand (5,000) gallons (18,925 L) and the ratio of height to diameter or width does not
exceed 2:1.
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h Platforms, walks and driveways not more than thirty (30) inches (762 mm) above grade
and not over any basement or story below, and are not part of an accessible route.
i. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work
j Temporary motion picture, television and theater stage sets and scenery
k Window awnings supported by an exterior wall of Group R, Division 3, and Group U
Occupancies when projecting not more than fifty-four (54) inches (1372 mm) from the exterior
wall
I Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy that are
less than 24 inches (610 mm) deep, do not exceed 5000 gallons (18925 L) and are installed
entirely above ground
m Shade cloth structures constructed for nursery or agricultural purposes, not including
service systems.
n Swings and other playground equipment accessory to detached one- and two-family
dwellings,
o, The installation of replacement windows in existing window openings associated with a
residential dwelling unit with no modifications to the existing rough opening or to the exterior
weather proofng,
p Television and radio antennas less than thirty-five feet in height
q Fish ponds, reflective pools or other decorative water containers with a wet surface area
ofone-hundred square feet or less and a maximum depth of eighteen inches to the flood rim
r. Outside paving of R-3 and U Occupancies parking surfaces
s Re-roofing buildings of Group R-3 and U Occupancies of less than five-hundred square
feet or less than fifty percent of roof covering replacement
t Repairs which involve only the replacement of component parts of existing work with
similar materials for the purpose of maintenance and do not affect any electrical, plumbing
or mechanical installations Repairs exempt from permit requirements shall not include
any addition, change, or modification in construction, exit facilities, or permanent fixtures
or equipment.
Unless otherwise exempted by this chapter, separate plumbing, electrical and mechanical permits
will be required for the above exempted items
2 Plumbing permits,
A plumbing permit shall not be required for the following:
a, The stopping of leaks in drains, soil, waste or vent pipe However, the removal or
replacement of any concealed trap, drain pipe, soil, waste or vent pipe with new material is
new work and a permit and inspection is required
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b, The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, or the
removal and reinstallation of water closets, provided such repairs do not involve or require the
replacement or rearrangement of valves, pipes or fxtures
3 Electrical permits.
An electrical permit shall not be required for the following:
a Portable motors or other portable appliances energized by means of a cord or cable
having an attachment plug end to be connected to an approved receptacle when that cord or
cable is permitted by the Electrical Code
b Repair or replacement of fxed motors, transformers or fixed approved appliances of
the same type and rating in the same location.
c Temporary decorative lighting
d Repair or replacement ofcurrent-carrying parts of any switch, contactor or control
device
e. Reinstallation of attachment plug receptacles, but not the associated outlets.
f, Repair or replacement of any overcurrent device of the required capacity.
g. Repair or replacement of electrodes or transformers of the same size and capacity for I
signs or gas tube systems 1
1
h Taping joints, ~
i. Removal of electrical wiring
j. Temporary wiring for experimental purposes in suitable experimental laboratories ~I
k The wiring for temporary theater, motion picture or television stage sets,
I Electrical wiring, devices, appliances, apparatus or equipment operating at less than
twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy
m Low energy power, control and signal circuits of Class II and Class III as defned in the
Electrical Code. 'i
n The installation, alteration or repair of electrical wiring, apparatus or equipment or the
generation, transmission, distribution or metering of electrical energy or in the operation of
signals or the transmission of intelligence by a public or private utility in the exercise of its I
function as a serving utility
o. Communication circuits per Article 800 of the Electrical Code.
4 Mechanical permits.
A mechanical permit shall not be required far the following:
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a A portable heating appliance, portable ventilating equipment, portable cooling unit, or a
portable evaporative cooler,
b A closed system of steam, hot or chilled water piping within heating or cooling
equipment regulated by the Mechanical Code
c. Replacement of any component part of assembly of an appliance which does not alter
its original approval and complies with other applicable requirements of the technical codes.
d. Refrigerating equipment which is part of the equipment for which a permit has been
issued pursuant to the requirements of the technical codes
e, A unit refrigerating system as defined in the Mechanical Code
Section 15.06..085 Application for a Permit
A Application, To obtain a permit, the applicant shall first file an application in writing on a form
furnished by the city for that purpose Every application shall:
1 Identify and describe the work to be covered by the permit for which application is
made,
2 Describe the land on which the proposed work is to be done by legal description, street
address or similar description that will readily identify and definitely locate the proposed building or
work.
3, Indicate the use or occupancy for which the proposed work is intended,
4 Be accompanied by plans, diagrams, computations and specifications, and other data
as required in subsection (B) of this Section
5 State the valuation of any new building or structure or any addition, remodeling or
alteration to an existing building,
6, Be signed by the applicant, or the applicant's authorized agent
7 Give such other data and information as may be required by the building official
B Submittal Documents, Plans, specifications, engineering calculations, diagrams, soil
investigation reports, special inspection and structural observation programs and other data shall constitute
the submittal documents and shall be submitted in one or more sets with each application for a permit
When such plans are not prepared by an architect or engineer, the building official may require the applicant
submitting such plans or other data to demonstrate that state law does not require that the plans be
prepared by a licensed architect or engineer. The building official may require plans, computations and
specifications to be prepared and designed by an engineer or architect licensed by the state even if not
required by state law, However, the building official may waive the requirement to submit plans,
calculations, construction inspection requirements and other data if that the nature of the work applied for is
such that reviewing of plans is not necessary to obtain compliance with this chapter
1 Information on plans and Specifications Plans and specifcations shall be drawn to
scale on substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature
and extent of the proposed work and show in detail that the proposed work will conform to the
provisions of this chapter, the technical codes and all relevant laws, ordinances, rules and
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regulations, Plans for buildings of other than Group R, Division 3 and Group U Occupancies shall
indicate how required structural and fire-resistive integrity will be maintained where penetrations
will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar
systems.
2 Architect or Engineer of Record. When it is required that documents be prepared by
an architect or engineer, the building official may require the applicant to engage and designate on
the building permit application an architect or engineer who shall act as the architect or engineer of
record If the circumstances require, the applicant may designate a substitute architect or engineer
of record who shall perform all the duties required of the original architect or engineer of record
The applicant shall notify the building official in writing if the architect or engineer of record is
changed or is unable to continue to perform the duties, The architect or engineer of record shall be
responsible for reviewing and coordinating all submittal documents prepared by others, including
deferred submittal items, for compatibility with the design of the building
3, Deferred Submittals Deferred submittals are defined as those portions of the design
which are not submitted at the time of the application and which are to be submitted to the building
official within a specified period, Deferred submittals shall have prior approval of the building I
official The architect or engineer of record shall list the deferred submittals on the plans at time of
application and shall submit the deferred submittal documents for review by the building official
The architect or engineer of record shall submit the deferred submittals to the building
official with a notation indicating that the deferred submittals have been reviewed and that they
have been found to be in general conformance with the design of the building The deferred
submittal items shall not be installed until their design and deferred submittals have been approved
by the building official.
C Expiration of Plan Review Applications for which no permit is issued within one hundred eighty
(180) days following the date of application shall expire, 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 (180) days on written
request by the applicant showing that circumstances beyond the control of the applicant have prevented
action from being taken An application shall not 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.
Section 15.06.090 Permit Issuance
A, Issuance The application, plans, specifcations, 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 the city to verify compliance with all applicable laws If the building official finds that the work
described in an application for a permit and the plans, specifications and other data fled therewith conform
to the requirements of this chapter, the technical codes, and other pertinent laws and ordinances, and that
the fees specified in Section 15 06 095 have been paid, the building official shall issue a permit to the
applicant
When a permit is issued, and plans and specifications are required for that permit, the building
official shall endorse in writing or stamp the plans and specifcations APPROVED. Such approved plans and
specifcations shall not be changed, modifed or altered without authorization from the building official, and
all work regulated by this chapter or the technical codes shall be done in accordance with the approved
plans and specifications.
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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 approved, provided adequate information and detailed
statements have been fled complying with all pertinent requirements of the technical codes. The holder of a
partial permit shall proceed without assurance that the permit for the entire building, structure or building
service will be granted
B Retention of Plans, The building offcial shall maintain an official copy, microfilm, electronic or
other type of photographic copy of the plans of every building, during the life of the building, for which the
City issued a building permit All plans for common interest developments as defined in Section 1351 of the
California Civil Code shall be maintained
Exceptions:
(a) Single or multiple dwellings not more than two stories and basement in height
(b) Garages and other structures appurtenant to buildings listed in Exception (a) above.
(c) Farm or ranch buildings
(d) Any one-story building where the span between bearing walls does not exceed 25
feet, except a steel frame or concrete building
C Validity of Permit The issuance of a permit or approval 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 Chapter or the technical codes, or of any other ordinance of the city Permits presuming to
give authority to violate or cancel the provisions of this Chapter, the technical codes, or of other ordinances
of the City shall not be valid
The issuance of a permit based on plans, specifications and other data shall not prevent the building official
from thereafter requiring the correction of errors in these plans, specifications and other data, or prevent the
building official from stopping building operations when there is a violation of these plans, specifcations and
other data, or violations of this Chapter or the technical codes, or of any other ordinances
D, Expiration of Permit Every permit issued by the building official under the provisions of the
technical codes shall expire, if the building or work authorized by such permit is not commenced within one
hundred eighty (180) 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
(180) days, Before such work can be recommenced, a new permit shall be frst obtained to do so, and the
fee shall be one half the amount required for a new permit for such work, provided no changes have been
made or will be made in the original plans and specifications for such work; and provided that such
suspension or abandonment has not exceeded one year In order to renew action on a permit after
expiration, the permittee shall pay a new full permit fee,
A permittee holding an unexpired permit may apply for an extension of the time within which work
may commence under that permit when the permittee 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 (180) days upon written request by the permittee showing that circumstances beyond the
control of the permittee have prevented action from being taken Permits shall not be extended more than
once,
E. Suspension or Revocation The building offcial may, in writing, suspend or revoke a permit
issued under the provisions of this Chapter and the technical codes when the permit is issued in error or on
H:\BLD_HSG\2007 Codes Adoption\Chapter 15_06 Administrative Provisions R] doc
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the basis of incorrect information supplied, or in violation of this Chapter, the technical codes or any other
ordinance or regulation.
Section 15..06.095 Fees
A, General. Fees shall be assessed in accordance with the provisions of this section or as set
forth in the fee schedule adopted by the City
B Permit Fees The fee for each permit shall be as specified in the Master Fee Schedule of the
City of Chula Vista.
The determination of value or valuation shall be made by the building offcial and shall be based on
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, fre-extinguishing systems and other
permanent equipment
C. Plan Review Fees. When submittal documents are required by Section 15.06 085(6), the
applicant shall pay a plan review fee at the time of submitting the submittal documents for plan review. The
plan review fee shall be as specified in the Master Fee Schedule of the City of Chula Vista, The plan review
fees are separate fees from the permit fees and are in addition to the permit fees, When submittal
documents are incomplete or changed so as to require additional plan review or when the project involves
deferred submittals as defined in Section 15.06.085(8)(3), an additional plan review fee shall be charged
This additional plan review fee shall be as specifed in the Master Fee schedule of the City of Chula Vista,
D Investigation Fees: Work Without a Permit
1 Investigation Whenever work for which a permit is required by this Chapter or the
technical codes has been commenced without first obtaining a permit, the building offcial may
make a special investigation before a permit maybe issued for such work
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 pursuant to this section The payment of such investigation fee shall not exempt an
applicant from compliance with all other provisions of this Chapter, the technical codes, or from the
penalty prescribed bylaw.
However, the building official may waive the investigation fee if the building official finds
that such work was urgently necessary and it was not practical to obtain a permit before
commencement of the work In all such cases, a permit must be obtained as soon as it is practical
to do so. If there is an unreasonable delay in obtaining such permit, the investigation fee as herein
provided shall be charged
2 Fee Refunds, The building official may authorize refunding of a fee paid pursuant to
this section which was erroneously paid or collected. The building official may authorize refunding
of not more than eighty (80) percent of the permit fee paid when no work has been done under a
permit issued in accordance with this Chapter and the technical codes The building official may
authorize refunding of not more than eighty (80) 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 canceled before
any examination time has been expended The building offcial shall not authorize the refunding of
any fee paid except upon written application filed by the original permittee or applicant not later
than one hundred eighty (180) days after the date of fee payment.
H:\BLD_HSG\2007 Codes Adoption\Chapter 15_06 Administrative Provisions Rl doc
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Section 15,06100 Inspections
A General. Construction or work for which a permit is required shall be subject to inspection by
the building official, and the construction or work shall remain accessible and exposed for inspection
purposes until approved by the building official, In addition, certain types of construction shall have special
inspection as specifed in Chapter 17 of the Building Code
Approval as a result of an inspection shall not be construed to be an approval of a violation of the
provisions of this Chapter, the technical codes, or of other City ordinances. Inspections presuming to give
authority to violate or cancel the provisions of this Chapter, the technical codes, or of other City ordinances
shall not be valid
The applicant shall cause the construction or work to remain accessible and exposed for inspection ~
purposes until approved by the building official Neither the building official nor the City shall be liable for I
expense entailed in the removal or replacement of any material required to allow inspection
The building official may require a survey of the lotto verify that the structure is located in
accordance with the approved plans.
B Inspection Record Card Work requiring a permit shall not be commenced until the permittee or
the agent of the permittee has posted or otherwise made available an inspection record card to allow the j
building official conveniently to make the required entries thereon regarding inspection of the work. The
permittee shall maintain this card available until final approval has been granted by the building official
C Inspection Requests It shall be the duty of the person doing the work authorized by a permit to
notify the building official that such work is ready for inspection, The building official may require that every
request for inspection be filed at least one working day before such inspection is desired Such request may
be in writing, by telephone or other means at the option of the building official
It shall be the duty of the person requesting any inspections required either by this Chapter or the
technical codes to provide access to and means for inspection of the work
D, Approval Required, Work shall not be done beyond the point indicated in each successive
inspection without frst obtaining the approval of the building official The building official, upon notification,
shall make the requested inspections and shall either indicate that that portion of the construction is
satisfactory as completed or shall notify the permittee or an agent of the permittee that that portion of the
construction fails to comply with this Chapter or the technical codes
Any portions which do not comply shall be corrected and such portion shall not be covered or
concealed until authorized by the building official
There shall be a final inspection and approval of all buildings and structures when completed and
ready for occupancy and use,
E Required Inspections. All plumbing, electrical and mechanical systems for which a permit is
required by this Chapter or the technical codes, shall be inspected by the building official. No portion of
these systems shall be concealed until inspected and approved All technical code required testing of these
systems shall be inspected and approved
All reinforcing steel and the structural framework of a building or structure shall not be covered or
concealed without first obtaining the inspection and approval of the building offcial
H:\BCD HSG\2007 Codes Adoption\Chapter 15_06 Administrative Provisions Rl doc
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Protection ofjoints and penetrations in fre-resistive assemblies shall not be concealed from view
until inspected and approved by the building official
The building official, upon notification, shall make the following inspections:
a Underground inspection To be made after all underground plumbing systems,
electrical conduits and mechanical systems are in place and prior to backfill and concrete, All
systems are to be under the applicable test as required by code.
b Foundation inspection To be made after excavations for footings are complete and
required reinforcing steel and other required structural hardware is in place. For concrete
foundations, required forms shall be in place prior to inspection, All materials for the foundation
shall be on the job, except when concrete is ready-mixed in accordance with approved nationally
recognized standards, the concrete need not be on the job site When the foundation is to be
constructed of approved treated wood, additional inspections may be required by the building
offcial
c, Concrete slab orunder-floor inspection To be made after in-slab orunder-floor
building service equipment, conduit, piping accessories and other ancillary equipment items are in
place but before any concrete is placed or floor sheathing installed, including the subfloor,
d Roof and/or floor To be made after all framing and structural systems are complete for
the floor and roof systems No floor or roof covering is to be installed prior to this inspection and
approval,
e Frame inspection. To be made after the roof covering, framing, all structural systems,
fire blacking and bracing are in place and all pipes, chimneys and vents are complete and the
rough electrical, plumbing, and mechanical cables, pipes, and ducts are installed and are under the
code required tests, as applicable
f Lath and/or wallboard inspection To be made after lathing and wallboard, interior and
exterior, is in place but before plaster is applied or before wallboard joints and fasteners are taped
and finished, The testing of gas piping systems is to be inspected at this time.
g. Final inspection, To be made after all work required by the building permit is complete,
F Required Building Service Equipment Inspections
1 General Building service equipment for which a permit is required by this Chapter and
the technical code shall be inspected by the building official Building service equipment intended
to be concealed by a permanent portion of the building shall not be concealed until inspected and
approved. When the installation of building service equipment is complete, an additional and final
inspection shall be made Building service equipment regulated by the technical codes shall not be
connected to the water, fuel or power supply, or sewer system until authorized by the building
official,
2 Operation of Building Service Equipment. The requirements of this section shall not be
considered to prohibit the operation of building service equipment installed to replace existing
building service equipment serving an occupied portion of the building in the event a request for
inspection of such building service equipment has been filed with the building official not more than
H:\BC D_HSG\2007 Codes Adoplion\Chapter 15_06 Administrative Provisions R] doc
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forty-eight (48) hours after the replacement work is completed, and before any portion of such
building service equipment is concealed by permanent portions of the building
G Other Inspections, In addition to the called inspections specified above, the building official
may make or require other inspections of construction work to ascertain compliance with the provisions of
this Chapter or the technical codes and other laws which are enforced by the City.
H Special Inspection and Structural Observation. For special inspection and structural
observation, see Chapter 17 of the Building Code
I Reinspections A reinspection fee may be assessed in the following circumstances:1) for each
inspection or reinspection when such portion of work for which inspection is called is not complete or when
corrections called for are not made; 2) when the inspection record card is not posted or otherwise available
on the work site; 3) when the approved plans are not readily available to the inspector; 4) for failure to
provide access on the date for which inspection is requested; 5) or for deviating from plans requiring the
approval of the building official
This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for
failure to comply with the requirements of the technical codes, but as controlling the practice of calling for
inspections before the job is ready for such inspection or reinspection
The applicant shall pay the reinspection fee as set forth in the Master Fee Schedule of the City of
Chula Vista before requesting a reinspection The building official shall not conduct a reinspection of the
work will until the required fees have been paid.
Section 1506.105 Compliance Survey Inspection
Upon receipt of a written request for a compliance survey from the owner and payment of the fee
specified in the Master Fee Schedule of the City of Chula Vista, the building official may inspect an existing
stmcture to ascertain its compliance with the provisions of this Chapter, the technical codes, and other
applicable laws and ordinances, and report findings in writing to the owner,
Section 1506.110 Connection to Utilities
A Energy Connections, Persons shall not make connections from a source of energy, fuel or
power to building service equipment which is regulated by the technical codes and for which a permit is
required by this code, until approved by the building official
B Temporary Connections The building official may authorize the temporary connection of the
building service equipment to the source of energy, fuel or power for the purpose of testing building service
equipment, or for use under a temporary certifcate of occupancy The building offcial shall coordinate the
approval of a temporary connection with all other applicable city departments
Section 15,06.115 Certificate of Occupancy
A Use or Occupancy. Buildings or structures shall not be used or occupied nor shall a change in
the existing occupancy classification of a building or structure or portion thereof be made until the building
official has issued a certifcate of occupancy. However, this subsection does not apply to Group R, Division
3, and Group U Occupancies,
Issuance of a certifcate of occupancy shall not be construed as an approval of a violation of the
provisions of this Chapter, the technical codes, or of other City ordinances. Certifcates presuming to give
H:\BL D HSG\2007 Codes Adoption\Chap[er IS_06 Adminisha[ive Provisions Rl doc
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authority to violate or cancel the provisions of this Chapter, the technical codes, or of other City ordinances,
shall not be valid
B, Change in Use, Changes in the character or use of a building shall not be made except as
specified in the Building Code
C Certificate Issued, After the building official inspects the building or structure and finds no
violations of the provisions of this Chapter, the technical codes, or other laws which are enforced by the
City, and after the building official receives approvals from the public works and planning departments for
completion of all required improvements, zoning code compliance and all other project conditions of
approval, 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 has been inspected for
compliance with the requirements of this Chapter 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 building official
D, Temporary Certificate. If the building official finds that substantial hazard will not result from
occupancy of a building or portion thereof before the same is completed, a temporary certifcate of
occupancy for the use of a portion or portions of a building or structure may be issued prior to the
completion of the entire building or structure, The building offcial shall coordinate the issuance of a
temporary certificate with all applicable city departments
E Posting The certifcate of occupancy shall be posted in a conspicuous place on the premises
and shall not be removed except by the building offcial,
F. Revocation, The building official may, in writing, suspend or revoke a certificate of occupancy
issued under the provisions of this Chapter and the technical codes when the certificate is issued in error, or
on the basis of incorrect information, or when it is determined that the building or structure or portion thereof
is in violation this Chapter, the technical codes, or of other City ordinances
SECTION II. ENVIRONMENTAL IMPACT
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA,) and has determined that there is no possibility that
the activity may have a significant effect on the environment; therefore, pursuant to Section
15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA
Thus, no environmental review is necessary
SECTION III. EFFECTIVE DATE,
This ordinance will take effect and be in force on January 1, 2008.
Presented by Approved as to form by
H:\BCD_HSG\2007 Codes Adoption\Chap[er 15_06 Administrative Provisions R] doc
DRAFT
James Sandoval Ann Moore
DirectorofPlanning and Building City Attorney
Brad Remp, C B 0
Assistant Director/Building Official
FI:\BCD_HSG\2007 Codes Adoption\Chapter 15_06 Administrative Provisions Rl doc
Attachment B
DRAFT
ORDINANCE NO..
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15 08 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING CODE, 2007 EDITION,
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I That Chapter 15 08 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Chapter 15.08
BUILDING CODE
Sections:
15,08 010 California Building Cade, 2007 Edition, adopted by reference.
15 08 070 Subsection 704.11 amended to add an exception to the requirement for parapets
15 08 080 Subsection 903 2 amended to require installation of automatic fire-extinguishing
system in buildings greater than certain height
15 08,100 Subsection 1509.6 added to Section 1509 to require equipment enclosures on roofs
15.08.010 California Building Code, 2007 Edition, adopted by reference.
There is hereby adopted by reference that certain document known and designated as the
California Building Code, 2007 Edition, known as the California Code of Regulations, Title 24 part 2,
including Appendix C and Appendix I of that certain document as copyrighted by the International
Code Council, and the California Building Standards Commission Said document is hereby adopted
as the Building Code of the City of Chula Vista for regulating the erection, construction, enlargement,
alteration, repair, moving, demolition, conversion, occupancy, use, height, and area of all buildings
and structures in the City, excepting such portions as are hereinafter deleted, modified, or amended
Municipal Code Chapter 15 06 shall serve as the administrative, organizational and enforcement
rules and regulations for this code,
15..08.070 Subsection 704.11 amended to add an exception to the requirement for
parapets..
Exception 7 is hereby added to Subsection 704,11 of the California Building Code, as it applies
in Chula Vista, which EXCEPTION 7 shall read as follows:
Exception 7 Conversion of existing Group R occupancies to offices
15.08.080 Subsection 903.2 amended to require installation of automatic fire-
extinguishingsystem in buildings greaterthan certain height.
Subsection 903.2 of the California Building Code is hereby amended, as it applies in Chula
Vista, by the addition of the following:
H:\BLD_HSG\2007 Codes Adoplion\CBC07 doc
DRAFT
In every building regardless of occupancy, group or type of construction, when such building is
more than forty feet or four stories or more in height
15..08..100 Subsection 1509.6 added to Section 1509 to require equipment enclosures on
roofs,
Subsection 1509,6 is hereby added to Section 1509 of the California Building Code, as it
applies in Chula Vista, which subsection 1509 6 shall read as follows:
Subsection 1509 6 Equipment Enclosure Operating equipment, including piping and ducts
located on the roof of a building, shall be shielded from view from public thoroughfares, private and
public parking lots Equipment enclosures shall not be constructed so as to trap flammable or
combustible vapors,
Exception: Solar collectors, Does not include structural supporting members
SECTION II. FINDINGS AND DECLARATION
The City Council of the City of Chula Vista specifcally and expressly finds and declares that each of
the amendments noted above to the 2007 Edition of the California Building Code is necessary due to
local climatic, geological and topographical conditions
SECTION III ENVIRONMENTAL IMPACT,
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that there is no possibility that
the activity may have a significant effect on the environment; therefore, pursuant to Section
15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA
Thus, no environmental review is necessary
SECTION IV EFFECTIVE DATE,
This ordinance will take effect and be in force on January 1, 2008.
Presented by Approved as to form by
James Sandoval Ann Moore
Director of Planning and Building City Attorney
H:\BL D HSG\2007 Codes Adoption\CBC07 doc
DRAFT
Brad Remp, C B 0
Assistant Director/Building Official
H:\BLD_HSG\2007 Codes Adoption\CBC07 doc
DRAFT
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15,08 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING CODE, 2007 EDITION
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I That Chapter 15 08 of the Chula Vista Municipal Cade is hereby amended to read as
follows:
Chapter 15.08
BUILDING CODE
Sections:
15 08 010 California Building Cotle, 20047 Edition adopted by reference
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15 08 070 Subsection 709:4-~ 704.11 amended to add an exception to the requirement for
parapets
15,08 080 Subsection 90"~.4 903.2 amended to require installation of automatic fire-
extinguishing system in buildings greater than certain height
45:88:099
15 08.100 Subsection a-5445 1509.6 added to Section 4544 1509 to require equipment
enclosures on roofs,
15,08.010 California Building Code, 20047 Edition adopted by reference.
There is hereby adopted by reference that certain document known and designated as the
California Building Code, 2007 Edition, known as the California Code of Regulations, Title 24 part 2,
..rr,,....,,, r._.
includin aad Appendix C Chapter-Biv}sien-4~ and Appendix I ' . 15; ^^^°^~''~''"~^'°r'~'
of that certain document as copyrighted by the International Gen#ereHSe-sf
BuildlHg-9#fisi2ls Code Council, and the California Building Standards Commission r"'
ti•I•±„ "°r°"„ °.,^m^+°,+ Said document is hereby adopted as the Building Code of the City
. ~ ~ r."
of Chula Vista for regulating the erection, construction, enlargement, alteration, repair, moving,
demolition, conversion, occupancy, use, height, and area of all buildings and structures in the City-
, ~ -
H:\BL D_HSG\2007 Cades Adoptlon\CBC07 S_U doc
DRAFT
+h h f Ih, re± f~hh hor excepting such portions as are hereinafter deleted, motlifed, or
amended, Municipal Code Chapter 15 06 shall serve as the administrative organizational and
enforcement rules and regulations for this code.
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H:\BCD_HSG\2007 Codes Adopfion\CBC07 S_U doc
DRAFT
15.08.070 Subsection ~n~ 704.11 amended to add an exception to the requirement for
parapets..
Exception f3 7 is hereby added to Subsection 789:4.4 704.11 of the California Building Code,
as it applies in Chula Vista, which EXCEPTION 6 7 shall read as follows:
Exception 6 7 Conversion of existing Group R occupancies to offices.
15.08.080 Subsection 904.,1 903.2 amended to require installation of automatic fire-
extinguishing system in buildings greater than certain height.
Subsection 9944 903.2 of the California Building Code is hereby amended, as it applies in
Chula Vista, by the addition of the following:
In every building regardless of occupancy, group or type of construction, when such building is
more than forty feet or four stories or more in height
4588:990
#ellews:
15.08.100 Subsection 4541:5 1509.6 added to Section 4541• 1509 to require equipment
enclosures on roofs.
Subsection 4~5 1509.6 is hereby added to Section 4514 1509 of the California Building
Code, as it applies in Chula Vista, which subsection ~1-:51509.6 shall read as follows:
Subsection 451-1-51509.6 Equipment Enclosure Operating equipment, including piping and
ducts located on the roof of a building, shall be shielded from view from public thoroughfares, private
and public parking lots. Equipment enclosures shall not be constructed so as to trap flammable or
combustible vapors
Exception: Solar collectors. Does not include structural supporting members,
SECTION II. FINDINGS AND DECLARATION
H:\BLD_HSG\2007 Codes Adopfion\CBC07 S_U doc
DRAFT
The City Council of the City of Chula Vista specifically and expressly finds and declares that each of
the amendments noted above to the 2007 Edition of the California Building Code is necessary due to
local climatic, geological and topographical conditions
SECTION III ENVIRONMENTAL IMPACT.
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that there is no possibility that
the activity may have a significant effect on the environment; therefore, pursuant to Section
15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA
Thus, no environmental review is necessary
SECTION IV EFFECTIVE DATE
This ordinance will take effect and be in force on January 1, 2008
Presented by Approved as to farm by
James Sandoval Ann Moore
Director of Planning and Building City Attorney
Brad Remp, C B 0
Assistant DirectodBuilding Official I
a
H;\BLD_HSG\2007 Codes Adoplion\CBC07 S_U doc
Attachment C
DRAFT
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15 10 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE,
2007 EDITION
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I That Chapter 15 10 of the Chula Vista Municipal Code is hereby amended to read:
Chapter 15.10
REFERENCED STANDARDS CODE
Sections:
1510 010 California Referenced Standards Code, 2007 Edition, adopted by reference
15.10.010 California Referenced Standards Code, 2007 Edition, adopted by reference.
There is hereby adopted by reference that certain document known and designated as the
California Referenced Standards Code, know as California Code of Regulations, Title 24 part 12,
2007 Edition, excluding Chapter 12-1 Administration of that certain document, as copyrighted by the
California Building Standards Commission Said document is hereby adopted as the Referenced
Standards Code of the City of Chula Vista, excluding Chapter 12-1, for the purpose of providing
minimum standards to safeguard life or limb, health, property and public welfare by regulating and
controlling the design, construction, quality of materials, use and occupancy, location and
maintenance of all buildings and structures within this jurisdiction and certain equipment specifically
regulated herein Municipal Cotle Chapter 15,06 shall serve as the administrative, organizational and
enforcement rules and regulations for this code
i
SECTION II ENVIRONMENTAL IMPACT,
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the I
California Environmental Quality Act (CEQA) and has determined that there is no possibility that
the activity may have a significant effect on the environment; therefore, pursuant to Section I
15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA
Thus, no environmental review is necessary
SECTION III EFFECTIVE DATE,
This ordinance will take effect and be in force on January 1, 2008
Presented by Approved as to form by
H:\BL,D_HSG\2007Codw Adoption\CRSC07 doc
DRAFT
James Sandoval Ann Moore
Director of Planning and Building City Attorney
Brad Remp, C B 0
Assistant DirectodBuilding Official
H:\BL D_HSG~2007 Codes Adapfion\CRSC07 doc
DRAFT
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE,
2007 EDITION.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I That Chapter 15,10 of the Chula Vista Municipal Code is hereby amended to read:
Chapter 15.10
REFERENCED STANDARDS CODE
Sections:
1510 010 California Referenced Standards Code 288 2007 Edition adopted by reference
1ar.~~n-^~28 c h do ~ ~n~ ~ f c ~n ~ ~nG rt rl + a Rnnrr+ „f nnno~l
15,10,010 California Referenced Standards Code, 2A01-2007 Edition, adopted by reference.
There is hereby adopted by reference that certain document known and designated as the
California Referenced Standards Code, know as California Cotle of Regulations, Title 24 part 12,
288x- 2007 Edition, excluding Chapter 12-1 Administration of that certain document, as copyrighted
by the California Building Standards Commission Said document is hereby adopted as the
Sati#er-Hia Referenced Standards Cotle of the City of Chula Vista, SaN#erni~ excluding Chapter 12-1,
for the purpose of providing minimum standards to safeguard life or limb, health, property and public
welfare by regulating and controlling the design, construction, quality of materials, use and
occupancy, location and maintenance of all buildings and structures within this jurisdiction and certain
equipment specifically regulated herein Municipal Cotle Chapter 15.06 shall serve as the
administrative organizational and enforcement rules and regulations for this code.
d9 ~ ~nG ~ ,.f e +•,.n ao ~ ~nG of th r If „o Pof,.r.,n,.n,+ a+..n,+~rrt~ r n,lo aaaa
monAnrl +n rn...l ..0 4nllnuic•
Rn~rrl of Annoolc nnrl nAvic.nm
~eG110,^r-Cvav6e6ti0n-r2r1 .~nF 4 r_nn r~.l In nrrlor +n hn~+r ~+nA rlor'rlo n nnlc. of nrrlc~ro
H:\BCD_HSG\200'7 Codes Adoption\CRSC07 S_U doc
DRAFT
Ohula-Vista:
SECTION II ENVIRONMENTAL IMPACT
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that there is no possibility that
the activity may have a significant effect on the environment; therefore, pursuant to Section
15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA
Thus, no environmental review is necessary
SECTION III EFFECTIVE DATE
This ordinance will take effect and be in force on January 1, 2008
Presented by Approved as to form by
James Sandoval Ann Moore
Director of Planning and Building City Attorney
Brad Remp, C B 0
Assistant Director/Building Official
H:\BLD_HSG\2007 Codes Adoption\CRSC07 S_U doc
Attachment D I
DRAFT
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15 16 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA MECHANICAL CODE, 2007 EDITION
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I That Chapter 15 16 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Chapter 15,16
MECHANICAL CODE*
Sections:
1516 010 California Mechanical Code, 2007 Edition, adopted by reference
* For statutory authority for cities to adopt codes by reference, see Gov. Code § 50022 1, et seq ;
for statutory adoption of building codes and other codes to apply as housing construction
regulations throughout the state, see Health and Safety Cotle § 17922 ~I
15.16.010 California Mechanical Code 2007 Edition adopted by reference.
There is hereby adopted by reference that certain document known and designated as the
California Mechanical Cotle, 2007 Edition, known as the California Code of Regulations, Title 24,
Part 4, and Appendix A thereof as copyrighted by the International Association of Plumbing and
Mechanical Officials and the California Building Standards Commission, Said document is hereby
adopted as the Mechanical Cotle of the City of Chula Vista, providing for and regulating the j
complete installation and maintenance of heating, ventilation, cooling and refrigeration systems
within the City, Municipal Code Chapter 15.06 shall serve as the administrative, organizational and
enforcement rules and regulations for this code
SECTION II ENVIRONMENTAL IMPACT
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that there is no possibility that
the activity may have a significant effect on the environment; therefore, pursuant to Section
15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEOP,
Thus, no environmental review is necessary
SECTION III, EFFECTIVE DATE,
This ordinance will take effect and be in force on January 1, 2008.
Presented by Approved as to form by
H:\BLD_HSG\2007 Codes Adopfion\CMC07 doc
DRAFT
James Sandoval Ann Moore
Director of Planning and Building City Attorney
Brad Remp, C B 0
Assistant Director/Building Official
H:\BLD_HSG~2007 Codes Adopfion\CMC07 doc
DRAFT
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15 16 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA MECHANICAL CODE, 2007 EDITION
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I That Chapter 15 16 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Chapter 15.16
MECHANICAL CODE*
Sections:
1516 010 California Mechanical Cotle 298 2007 Edition adopted by reference,
~Fn~n c h ~~n~ ,.,,.,+o~ 't~ti'r+„ „s nl+„~.,.,+o .,,~+o~~l~
1 F 1 F f1G(1 C hone+'..., 11 F Z Dhn f...,~ aolo+oa ~~i
-rv. - .nJn~
* For statutory authority for cities to adopt codes by reference, see Gov Code § 500221, et seq ; ~
for statutory adoption of building codes and other codes to apply as housing construction
regulations throughout the state, see Health and Safety Code § 17922
15.16.010 California Mechanical Code 208'42007 Edition adopted by reference,
There is hereby adopted by reference that certain document known and designated as the
California Mechanical Code, 280 2007 Edition, known as the California Code of Regulations, Title
24, Part 4, and Appendix A, rh...,+o. D..,+ I n...,o..,+'„ D n,,..~.,,+~„ r thereof as
copyrighted by the International Association of Plumbing and Mechanical Officials and the
California Building Standards Commission Saitl document is hereby adopted as the Mechanical j
Code of the City of Chula Vista, providing for and regulating the complete installation and
maintenance of heating, ventilation, cooling and refrigeration systems within the City.
.Municipal Code Chapter 15.06 shall serve as the administrative,
organizational and enforcement rules and regulations for this code.
#ellew~
H:\BCD_HSG\2007 Codes Adoption\CMC07 S_U doc
DRAFT
lo,.r onfnrnnm .,4 nffin
,
nfnrnnnarl cMll ha {ho Acc' i~n+ n'rnnVnr of fha R 'Irl'nn n\i
fead-as-fAIIeV~ ,
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,
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~eeS:
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-ro. _
SECTION II ENVIRONMENTAL IMPACT
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that there is no possibility that
the activity may have a significant effect on the environment; therefore, pursuant to Section
H:\BLD_HSG12007 Codes Adoption\CMC07 S_U doc
DRAFT
15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA
Thus, no environmental review is necessary
SECTION III EFFECTIVE DATE
This ordinance will take effect and be in force on January 1, 2008.
Presented by Approved as to form by
James Sandoval Ann Moore
Director of Planning and Building City Attorney
Brad Remp, C B 0
Assistant Director/Building Offcial
I
i
H:\BCD_HSG\2007 Codes Adoption\CMC07 S_U doc
Attachment E
DRAFT
ORDINANCE N0.
ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA ELECTRICAL
CODE, 2007 EDITION, WITH AMENDMENTS
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I That Chapter 15 24 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Chapter 15..24
ELECTRICAL CODE
Sections:
15 24 010 California Electrical Cotle, 2904 2007 Edition, adopted by reference.
1=1 4' I rl H H G f #h 'f D ore nnrl rI fn of {h
• Glan#fn~.l !'nrln nnrlnr# Cvmm~+lll/nrL
. CI k ' ,.I rl rlnrl +n h.,vn m'f franc mfornnn n'fi r'c ~~no+nr foo enhorl to
nnr n m
r_..__.___ _
Clnn#r'rol !'nrln ic. rlnln#nrl ~'I
. .
Clnn#r'n~l (`nrln ~mnnrlnrl Dn'n nnn+'nnc I
15 24 035 Previously used materials,
15 24 040 Repealed,
15 24 045 Distribution panels -Separate required when,
15 24,050 Circuit cards to be posted when, ;
15 24,055 Electric fences -Defined -Prohibited
15 24.060 Phase arrangement -Amended
For statutory provisions exempting electrical contractors from licensing under an electrical
repairman's statute, see Bus.. and Prof Cotle § 9804 For statutory provisions authorizing cities
to regulate the materials used in wiring structures for electricity and in piping them for water,
gas or electricity, and to regulate the manner of such piping, see Gov Code § 38660
15.24.010 California Electrical Code 2004 2007 Edition
' ,adopted by
reference, '
H:\BCD_HSG\2007 Codes Adoption\CEIectC07 S_U doc
DRAFT
There is hereby adopted by reference that certain document known and designated as the
California Electrical Code, 2004 2007 Edition, known as the California Code of Regulations Title 24,
Part 3,
hr_ h .rt h +hn In+nrn^+•nn ;r~o;;for^n^n of ? ,LI•nn nff n;olc as copyrighted by the National Fire
Protection Association and the California Building Standards Commission Said documents are is
hereby adopted as the Electrical Code of the City of Chula Vista~a regulating the installation,
repair, operation and maintenance of all electrical wiring and electrical apparatus of any nature
whatsoever, whether inside or outside of any building within the City, ^f ^^r..,.+°
excepting such portions as are hereinafter deleted, modified, or
amended Municipal Code Chapter 15.06 shall serve as the administrative, organizational and
enforcement rules and regulations for this code.
x524-8~~ c I, f• ~n~ ~ a a•I, II •a n,l • f f• r ,r o f ~h
, '
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AI P ICI { ' I A rl rl C f ~ ^ fMnrihi_ ~mv°re nniJ rlu4ie
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' i
,
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' rnn^n
H:\BLD_HSG\2007 Codes Adopfion\CElec[C07 S_U doc
DRAFT
-d.~0r~ C h '!!11 7 f fL. II 'F Ad f f' rt D f..r f4.
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'n+nll'n n by n hl'n m+n +'1'+a 'n +hn n of '+c f nn+'n ac ~ enni nn f'I'fii
H:\BCD_HSG\2007 Codes Adopfion\CElec[C07 S_U doc
DRAFT
from {h +n f +h' nrln droll nn+ hn rlnmm~rl 4n nron+
€*eat,a~r-~.o.r~-~.,e-~erm,r-re~u.r~;.~~--~-R„
• Al.,finn..l Clnn{rirol /`ndn ..mnndnrl in 0..n mi4 Fm~ rninrnnnn !`74.d~ Illlmhnr
nnr
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15..24..035 Previously used materials.
H:\BL D_HSG\2007 Codes Adopfion\CElec[C07 S_U doc
DRAFT
Previously used materials shall not be reused in any work without approval by the Building I
Offcial or an authorized deputy
15.24..045 Distribution panels -Separate required when.
Each store in a store building, each flat in a flat building, and each building used as a dwelling
shall be so wired that each store, apartment, flat or dwelling shall have separate lighting and/or power
distribution panels Such panels shall not serve other portions of the building Hotels, motels, hotel
apartments and similar types of buildings may be wired from one or more distribution panels,
15.24..050 Circuit cards to be posted when..
When requested by the Building Official, a complete schedule of circuits showing the number,
kind and capacity of each outlet on each circuit shall be posted on each job prior to rough inspection
1524.055 Electric fences -Defined -Prohibited..
A As used herein, the term electric fence includes all fences which in any way use electrical
energy as an additional deterrent or have wires charged with electricity which are not covered
with adequate insulation to protect persons and animals coming in contact therewith
B No electric fence may be constructed, maintained or operated within the city,
15.24..060 Phase Arrangement -Amended,
Section 408 3 (E) of the California Electrical Code is hereby amended to read:
Phase Arrangement The phase arrangement on three-phase buses shall be A, B, C from front II
to back, top to bottom, or left to right, as viewed from the front of the switchboard or panelboard The
C phase shall be that phase having the higher voltage ground on three-phase, four-wire delta-
connected systems, Other busbar arrangements may be permitted for additions to existing
installations and shall be marked
SECTION II FINDINGS AND DECLARATION
The City Council of the City of Chula Vista specifically and expressly finds and declares that each of
the amendments noted above to the 2007 Edition of the California Electrical Code is necessary due
to local climatic, geological and topographical conditions,
SECTION III ENVIRONMENTAL IMPACT
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that there is no possibility that
the activity may have a significant effect on the environment; therefore, pursuant to Section
15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA
Thus, no environmental review is necessary,
H:\BCD_HSG\2007 Codes Adoplion\CEIectC07 5_U doc
DRAFT
SECTION IV EFFECTIVE DATE,
This ordinance will take effect and be in force on January 1, 2008
Presented by Approved as to form by
Jim Sandoval Ann Moore
Director of Planning and Building City Attorney
Brad Remp, C B 0
Assistant Director/Building Official
H:\BLD HSG\2007 Codes Adopfion\CEIectC07 S_U doc
DRAFT
ORDINANCE NO..
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 1524 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2007 EDITION
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I That Chapter 15 24 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Chapter 15,24
ELECTRICAL CODE
Sections:
15 24 010 California Electrical Code, 2007 Edition, adopted by reference.
15 24 035 Previously used materials
15 24 040 Repealed
15 24 045 Distribution panels -Separate required when
15.24 050 Circuit cards to be pasted when L
15.24 055 Electric fences -Defined -Prohibited
15.24 060 Phase arrangement -Amended.
" For statutory provisions exempting electrical contractors from licensing under an electrical
repairman's statute, see Bus and Prof, Code § 9804 For statutory provisions authorizing cities
to regulate the materials used in wiring structures for electricity and in piping them for water,
gas or electricity, and to regulate the manner of such piping, see Gov, Code § 38660,
15.24.010 California Electrical Code 2007 Edition, adopted by reference..
There is hereby adopted by reference that certain document known and designated as the
California Electrical Code, 2007 Edition, known as the California Code of Regulations Title 24, Part 3,
as copyrighted by the National Fire Protection Association and the California Building Standards
Commission Said document is hereby adopted as the Electrical Code of the City of Chula Vista j
regulating the installation, repair, operation and maintenance of all electrical wiring and electrical
apparatus of any nature whatsoever, whether inside or outside of any building within the City,
excepting such portions as are hereinafter deleted, motlifed, or amended. Municipal Code Chapter
15.06 shall serve as the administrative, organizational and enforcement rules and regulations for
this code
15.24.035 Previously used materials.
Previously used materials shall not be reused in any work without approval by the Building
Official or an authorized deputy,
15.24,045 Distribution panels -Separate required when.
H:\BCD_HSG\2007 Codes Adopfion\CElec[C07 doc
DRAFT
Each store in a store building, each flat in a flat building, and each building used as a dwelling
shall be so wired that each store, apartment, flat or dwelling shall have separate lighting and/or power
distribution panels. Such panels shall not serve other portions of the building, Hotels, motels, hotel
apartments and similar types of buildings may be wired from one or more distribution panels
15.24,050 Circuit cards to be posted when.
When requested by the Building Official, a complete schedule of circuits showing the number,
kind and capacity of each outlet on each circuit shall be posted on each job prior to rough inspection,
15.24.055 Electric fences • Defined -Prohibited.
A As used herein, the term electric fence includes all fences which in any way use electrical
energy as an additional deterrent or have wires charged with electricity which are not covered
with adequate insulation to protect persons and animals coming in contact therewith.
B No electric fence may be constructed, maintained or operated within the city
15.24.060 Phase Arrangement -Amended.
Section 408.3 (E) of the California Electrical Code is hereby amended to read:
Phase Arrangement The phase arrangement on three-phase buses shall be A, B, C from front ~
to back, top to bottom, or left to right, as viewed from the front of the switchboard or panelboard The
C phase shall be that phase having the higher voltage ground on three-phase, four-wire delta-
connected systems, Other busbar arrangements may be permitted for additions to existing
installations and shall be marked
SECTION II FINDINGS AND DECLARATION I'
The City Council of the City of Chula Vista specifically and expressly fnds and declares that each of
the amendments noted above to the 2007 Edition of the California Electrical Code is necessary due
to local climatic, geological and topographical conditions
SECTION III ENVIRONMENTAL IMPACT
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that there is no possibility that
the activity may have a significant effect on the environment; therefore, pursuant to Section
15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA.
Thus, no environmental review is necessary..
SECTION IV EFFECTIVE DATE
This ordinance will take effect and be in force on January 1, 2008
H:\BLD_HSG\2007 Codes Adopdon\CEIectC07 doc
DRAFT
Presented by Approved as to form by
Jim Sandoval Ann Moore
Director of Planning and Building City Attorney
Brad Remp, C B 0 j
Assistant DirectodBuilding Official ,
'I~
j
III
H:\BLD_HSG\2007 Codes Adoplion\CElec[C07 doc
Attachment F
DRAFT
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 1528 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE, 2007 EDITION
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I That Chapter 15,28 of the Chula Vista Municipal Cotle is hereby amended to read
as follows:
Chapter 1528
PLUMBING CODE
Sections:
15 28 010 California Plumbing Code, 2007 Edition, adopted by reference
For statutory authority for cities to adopt codes by reference, see Gov Cotle § 500221, et
seq ; for statutory adoption of building codes and other codes to apply as housing
construction regulations throughout the state, see Health and Safety Code § 79722
Prior legislation: Prior code 23 3 and 23 9; Ords 779, 1332, 1748, 1917, 2156,
2343, 2506, 2508, 2639 and 2646
1528.010 California Plumbing Code, 2007 Edition, adopted by reference.
There is hereby adopted by reference that certain document known and designated as
the California Plumbing Code, 2007 Edition, known as the California Code of Regulations, Title
24, Part 5, and Appendices A, B, D and I of that certain document as copyrighted by the
International Association of Plumbing and Mechanical Officials and the California Building
Standards Commission Said document is hereby adopted as the plumbing code of the city of
Chula Vista for regulating the complete installation, maintenance and repair of plumbing,
drainage systems, water systems, gas systems, and private sewage disposal systems on all
properties and within all buildings and structures in the city Municipal Code Chapter 15 06
shall serve as the administrative, organizational and enforcement rules and regulations for this
code
SECTION II ENVIRONMENTAL IMPACT
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that there is no possibility that the
activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of
the State CEQA Guidelines the activity is exempt from the provisions of CEQA Thus, no
environmental review is necessary
SECTION III EFFECTIVE DATE
H9BLD_HSG\2007 Codes Adopfion\CPC07 doc
DRAFT
This ordinance will take effect and be in force on January 1, 2008
Presented by Approved as to form by
James Sandoval Ann Moore '
Director of Planning and Building City Attorney
Brad Remp, C B 0
Assistant Director/Building Offcial
FI:\BLD_HSG\2007 Codes AdopUOn\CPC07 doc
DRAFT
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15 28 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE, 2007 EDITION
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I That Chapter 15 28 of the Chula Vista Municipal Cotle is hereby amended to read
as follows:
Chapter 15.28
PLUMBING CODE ^"'n oorl a nrln"IC+
Sections:
15 28 010 California Plumbing Code, 2004 2007 Edition,
P,e^rt°~-T'+~~!art 5; adopted by reference
~f,~~~ C hnnn+'nn 'I (17 1 MmnnAnrl +n i+nc'nnofn h 'Irl'nn nffininl
......~y....,.,
45. 4!1 C h 1(14 A 1 .Jnrl +n h... o fmc rnfnrnnnn n'+vb m~.c{nr fnn cnhnrl Jn '
1 G '~~F~C hcnnf'nn 1114 A 7 Dhn rn nr fnnc in rlnln+nA
TO. DOIJ~vvuv~r •v~. ..r,. ~v~. .v..v.. .v , ..v... i
1a 28 040 C h an4 n n nn,+nrt +n mn+ mnnn•+•n of • n~+nn+•nn fnnn fnr
emnrnnnnv nrL
mcrgcno]-'eron~
~~D C h 1!1'7 G t; a a 4 f n +hn n'hi'o m~c+nr fnn enhnrl In
• ~ mnhi ~~i fh +hn rnn nnfc of Cnn{'nn A 14
For statutory authority for cities to adopt codes by reference, see Gov Cotle § 500221, et
seq ; for statutory adoption of building codes and other codes to apply as housing
construction regulations throughout the state, see Health and Safety Code § 79722,
Prior legislation: Prior code 23 3 and 23 9; Ords 779, 1332, 1748, 1917, 2156,
2343, 2506, 2508, 2639 and 2646,
15.28..010 California Plumbing Code, 2091- 2007 Edition,
' ,adopted by reference.
There is hereby adopted by reference that certain document known and designated as
the California Plumbing Code, 2004 2007 Edition, known as the California Code of
Regulations, Title 24, Part 5, and Appendices A, B, G D and # I of that certain document as I
copyrighted by the International Association of Plumbing and Mechanical Officials and the I
California Building Standards Commission Said document is hereby adopted as the plumbing
code of the city of Chula Vista for regulating the complete installation, maintenance and repair
of plumbing, drainage systems, water systems, gas systems, and private sewage disposal
systems on all properties and within all buildings and structures in the city ~revitl+ng-fsF-the
..~I+'n nnrl'f'n c nnA +nrmn of 4hn ('nl'fnm'-~ DI mh'nn I'nr+n 7!1£11 4nm
H:\BLD_HSG12007 Codes Adop4on\CPC07 S_U doc
DRAFT
Crl'f'nn nnrl Annnnrl'n n A Q rl nnrl U I o o hnrnhv rnfnrrnrl fn nrlnn4nrl nnrl mnrln n nnr+
~ i i _
.Municipal Code Chapter 15.06 shall serve as the administrative,
organizational and enforcement rules and regulations for this code.
rnnr+ oo fnllnurn• ' '
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H:\BLD_HSG\2007 Codes Adoplion\CPC07 5_U.doc
DRAFT
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DRAFT
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SECTION II ENVIRONMENTAL IMPACT
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that there is no possibility that the
activity may have a signifcant effect on the environment; therefore, pursuant to Section 15061(b)(3) of
the State CEQA Guidelines the activity is exempt from the provisions of CEQA Thus, no
environmental review is necessary
SECTION III EFFECTIVE DATE.
This ordinance will take effect and be in force on January 1, 2008
Presented by Approved as to form by
James Sandoval Ann Moore
Director of Planning and Building City Attorney
Brad Remp, C B 0
Assistant Director/Building Official
H:\BLD_HSG\2007 Codes Adoption\CPC07 S_U doc
Attachment G
DRAFT
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15 36 OF THE CHULA
VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE, 2007 EDITION
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: i
SECTION I That Chapter 15 36 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Chapter 15.36
FIRE CODE
Sections:
1536 010 California Fire Code, 2007 Edition, adopted by reference
15.36 015 Subsections 104,12, 104121 and 104,12 2 added to Section 104 establishing Cost
recovery,
15 36 020 Subsection 105 3 8 added to Section 105 establishing Cost recovery
15 36 025 Subsection 105 6 51 added to Section 105 to require an operational permit for
Christmas tree lots
15 36.030 Subsection 105 6 45 revised to also require an operational permit for green waste
recycling, mulching, composting operations and storage,
15 36.035 Subsection 1093 revised Violation penalties
15 36 040 Subsection 1114 revised Failure to comply provisions, I~
15,36 045 Section 202 added definitions for Chief of the Bureau of Fire Prevention, Fire
Department, Fire Authority Having Jurisdiction, Fire Hazard and Fire Service
Features
15 36 050 Subsection 508 51 revised Fire service features where required
15 36,055 Subsection 508 51 1 added to Section 508 establishing Fire hydrant spacing
15.36.010 California Fire Code, 2007 Edition, adopted by reference.
There is hereby adopted by reference that certain document known and designated as the i
California Fire Cotle 2007 Edition, known as the California Code of Regulations, Title 24 part 9, j
including Appendix Chapter 1 and Appendix B through H is as copyrighted by the International Code
Council, and the California Building Standards Commission. Said document is hereby adopted as
the Fire Code of the City of Chula Vista, regulating the prescribing regulations governing conditions
hazardous to life and property from fire or explosion, and each and all such regulations, provisions,
penalties, conditions and terms of said Califomia Fire Code are hereby referred to, adopted and
made a part hereof as though fully set forth herein, excepting such portions as are hereinafter
deleted, modified or amended as set forth in this chapter.
15..08..015 Subsections 104.12, 104.12..1 and 104.12..2 added to Section 104 establishing
Cost recovery.
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DRAFT
Appendix Chapter 1 -Subsections 104..12, 104..12..1, and 104,122 Cost recovery are
hereby added (A), revised (R) or deleted (D) to the Fire Cotle portion of the California Building
Standards Code to read as follows:
(A) Subsection 104.12 Cost recovery,
(A) Subsection 104.12.1 Purpose. The purpose of this section is to establish authority to obtain
reimbursement from responsible individuals for the full-cost expenses of anv emergencv response
and/or enforcement action by the Chula Vista Fire Department to protect the public from fire or
hazardous substances and situations.
(A) Subsection 104.12.2 Reimbursement.
(a) In accordance with the Health and Safety Code section 13000 et seq., an individual who acts
negligently or in violation of the law and thereby requires the jurisdiction to provide an emergency
response to a danger posed by a fire or hazardous substance shall be liable for reimbursement to
the agency for the costs incurred.
(b) In accordance with Government Code Sections 53150 through 53158, any individual who is
under the influence of an alcoholic beverage or anv drug or the combined influence of an alcoholic
beverage or any drug and whose negligent operation of a motor vehicle, boat or vessel or civil
aircraft caused by that influence proximately causes anv incident and thereby requires the agency
to provide an emergencv response shall reimburse the agency for the cost incurred.
15.08.020 Subsection 105.3.8 added to Section 105 establishing Cost recovery,
Appendix Chapter 1 -Subsection 105...3..8 Cost recovery is hereby added (A), revised I
(R) or deleted (D) to the Fire Code portion of the California Building Standards Code to read as
follows:
(A) Subsection 105.3.8 Cost recovery. The purpose of this section is to establish authority to
obtain reimbursement from responsible individuals for the expenses of any emergency response
and/or enforcement action by the Chula Vista Fire Department to protect the public from fire or
hazardous substances and situations.
15..08..025 Subsection 105.6.5.1 added to Section 105 to require an operational permit for
Christmas tree Iots~,
Appendix Chapter 1 -Subsection 105.6.5.1 Christmas tree lots is hereby added (A), revised
(R) or deleted (D) to the Fire Code portion of the California Building Standards Code to read as
follows:
(A) Subsection 105.6.5.1 Christmas tree lots. To operate a Christmas tree lot with or without
flame proofing services.
15.08.030 Subsection 105.6.45 revised to also require an operational permit for green
waste recycling, mulching, composting operations and storage,
H:\BLD_HSG\2007 Codes Adoplion\Fire\Chapter 15_36 CFC07 doc
DRAFT
Appendix Chapter 1 -Subsection 105..6..45 Waste handling is hereby added (A), revised (R) or
deleted (D) to the Fire Code portion of the California Building Standards Code to read as follows:
(R) Subsection 105.6.45 Waste handling. An operational permit is required for the operation of
wrecking yards, junk yards and waste material-handling facilities (green waste recycling, mulching,
composting operations and storage).
15.08.035 Subsection 109.3 revised Violation penalties
Appendix Chapter 1 -Subsection 109,3 Violation penalties is hereby added (A), revised (R) or
deleted (D) to the Fire Code portion of the California Building Standards Code to read as follows:
(R) Subsection 109.3 Violation penalties. Persons who shall violate a provision of this code or shall
fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in
violation of the approved construction documents or directive of the fire code official, or of a permit or
certifcate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine
of not more than the greater of: $1,000 dollars or as established by the City of Chula Vista Policy and
Procedures Manual for Civil Penalties or by imprisonment not exceeding six (6) months, or both such
fine and imprisonment, Each day that a violation continues after due notice has been served shall be
deemed a separate offense
15.08.040 Subsection 111.4 revised Failure to comply provisions.
i
Appendix Chapter 1 -Subsection 111.4 Failure to comply is hereby added (A), revised (R) or
deleted (D) to the Fire Cotle portion of the California Building Standards Code to read as follows:
(R)111.4 Failure to comply Any person who shall continue any work after having been served with
a stop work order, except such work as that person is directed to perform to remove a violation or
unsafe condition, shall be liable to a fine of not less than 250.00 dollars or more than 1 000 dollars
15.08.045 Section 202 added definitions for Chief of the Bureau of Fire Prevention, Fire
Department, Fire Authority Having Jurisdiction, Fire Hazard and Fire Service ,
Features..
Chapter 2 Definitions -Section 202 is hereby added (A), revised (R) or deleted (D) to the Fire ~
Code portion of the California Building Standards Code to read as follows;
(A) CHIEF OF THE BUREAU OF FIRE PREVENTION. When used, this phrase shall be held to
mean "Fire Marshal."
(Al FIRE DEPARTMENT. Is any regularly organized fire department, fire protection district, a
legally formed volunteer fire department recorded with the County of San Diego, or Fire Company
regularly charged with the responsibility of providing fire protection to thejurisdiction.
(A) FIRE AUTHORITY HAVING JURISDICTION (FAHJ). The designated entity providing
enforcement of fire regulations as they relate to planning, construction and development. This
entity may also provide fire suppression and other emergency services.
H:\BLD_HSG\2007 Codes Adopfion\Fire\Chap[er li}6 CFC07 doc
DRAFT
(A) FIRE HAZARD. Is any thing that increases or could cause an increase of the hazard or
menace of fire to a greater degree than customarily recognized as normal by persons in the public
service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which
could obstruct, delay, hinder or interfere with the operations of the fire department or egress of
occupants in the event of fire.
(A) FIRE SERVICE FEATURES. As referenced in Chapter 5 this is a general term inclusive of all
other terms such as driveway, fire lane, public street, private street, parking lot, lane and access
roadway.
15.08.050 Subsection 508.5.1 revised Fire service features where required.
Chapter 5 Fire Service Features • Subsection 508.5.1 is hereby added (A), revised (R) or
deleted (D) to the Fire Code portion of the California Building Standards Code to read as follows:
(R) Subsection 508.5.1 Where required. Where a portion of a facility or building hereafter
constructed or moved into or within the jurisdiction is more than 489 150 feet from a hydrant on a
fire apparatus access road, as measured by an approved route around the exterior of the facility or
building, on-site fire hydrants and mains shall be provided where required by the fire code offcial
Exceptions: 1 Far Group R-3 and Group U occupancies, the distance requirement shall be 090 250
feet (bra).
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15.08.055 Subsection 508.5.1.1 added to Section 508 establishing Fire hydrant spacing...
Chapter 5 Fire Service Features -Subsection 508.5.1.1 is hereby added (A), revised (R) or
deleted (D) to the Fire Code portion of the California Building Standards Code to read as follows:
(A) Chapter 5 Subsection 508.5.1.1 Fire hydrant spacing.
(A) Subsection 508.5.1.1 Water supplies and fire hydrants. In multi-family zones and in
commercial and industrial zones fire hydrants shall be installed at intersections, at the beginning
radius of cut-tle-sacs and every 300 feet (on-center) of fire access roadways, regardless of parcel
size. Insingle-family zones fire hydrants shall be installed every 500 feet (on-centerZ
SECTION II FINDINGS AND DECLARATION
The City Council of the City of Chula Vista specifically and expressly finds and declares that each of
the amendments noted above to the 2007 Edition of the California Building Code is necessary due to
local climatic, geological and topographical conditions,
SECTION III. ENVIRONMENTAL IMPACT
H:\BLD_HSG\2007 Codes Adoprion\Fire\Chap[er 15}6 CFC07 doc
DRAFT
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that there is no possibility that
the activity may have a significant effect on the environment; therefore, pursuant to Section
15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA,
Thus, no environmental review is necessary,
SECTION IV EFFECTIVE DATE,
This ordinance will take effect and be in force on January 1, 2008.
Submitted by: Approved as to form by:
i
Douglas A Perry Ann Moore
Fire Chief City Attorney
i
i
I
H:\BC D_HSG\2007 Codes Adoplionff ire\Chap[er I S}6 CF C07.doc
M A Flach Monday, October 08, 2007
COMMENTS/QUESTIONS ADOPTION OF CA BUILDING
CODES
(Some may be dumb and some I request clarification)
Attachment A, Administration 15.06
15.06.005 Are we adopting Appendices?
15.06.020 Who determines?
15.06.035 How is requirement for inspection determined?
15.06.045 Does this Board have the authority to request an
independent technical study for a proposed material or method?
Or', does 15.06.050 override?
15.06.060 Para E How are violations discovered? Is there a
section that covers occupancy requirements and should it be
referenced?
15.06.065 How are these inadequate situations determined?
Does this apply to single family residences also?
15.060.080 Para 1p Does 35 feet refer to grade level or from
supporting structure?
15.06.085 Is a certified designer (ex. Interior Designer)
acceptable rather than an A or E?
Attachment B, Administration 15.08
15.08,070 Does this mean even if the Fire Code would require
something?
M AFlach Monday, October 08, 2007
15.08.100 Does this include single family residents? Ex. '
Cooling equipment, Dish Antennas, Towers, etc.
Section 15.08 Second Part Revisions
15.08.020 Sub 104.2.1 Is this now covered elsewhere?
15.08.030 Is this now covered elsewhere? Does this mean no
more Board of Appeals?
Attachment G 15.36 Electrical Code
15.00.015 Will cost recovery include rescue operations? Ex.
Falling off cliff, lock-out assistance, etc.
15.08.055 Will additional hydrants be added if area does not
meet requirements? I'm especially referring to existing
neighborhoods.