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HomeMy WebLinkAbout1992/06/08 Board of Appeals & Advisors Agenda Packet (2) ~. ......... Ii --...." (l of 40RD.) r\'\.., i ~ lr? fr2i í?mlJ í! rí]ì SCANNED /~(' À~ .,: i .y :1' . ¡ i JL:,w lESt. ¿W ORDINANCE NO. 2507 Date UJL.::I\.?8U U w U ----------~.... -.. ....------...-..-.. AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALING EXISTING CHAPTER 15.08 OF THE MUNICIPAL CODE OF THE CITY OF CHULA VISTA AND ADOPTING A NEW CHAPTER 15.08 OF THE MUNICIPAL CODE OF THE CITY OF CHULA VISTA RELATING TO THE ADOPTION OF THE UNIFORM BUILDING CODE, 1991 EDITION THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That ex;st;ng Chapter 15.08 ;s hereby repealed, and a new Chapter 15.08 of the Chula V;sta Mun;c;pal Code ;5 hereby added, wh;ch Chapter shall read as follows: Chapter 15.08 Building Cod~ Sections: 15.08.010 Uniform Building Code, 1991 edition, adopted by refermcl!. 15.08.020 GeneraI-Sl!ction 202(a) ammded to designate building official. 15.08.030 Board of Appeals and Advison-Sec:tion 204(a) is amended. Limitations of Authority·Section 204(b) is added. 15.08.040 Exempted Work-Sl!ction 301 (b) is ammded. Standards of QuaIity-Sl!ction 301(c) is added. 15.08.050 Section 304 is ammded to refermce the City's Master F"" Sc:hecIule, and to charge for fee:s not contained in the use. 15.08.060 Subsection (h) added to Section 305 to require inspection for compliance surveys. 15.08.070 Section 1710(a) ammded to add an aœ¡>tion to the requirement for parapets. 15.08.080 Section 3203 ammded to provide for more restrictive roof coverings. 15.08.090 Subsection (e) added to Section 3601 to require equipment enclosures on roofs. 15.08.100 Subsection (f) added to Section 3601 to require removal of obsolete roof equipmmt. 15.08.110 Paragraph 5 added to subsection (b) of Section 3802 added to require installation of automatic fire-atinguishing systan in buildings greater than certain height. 15.08.120 Subsection (e) added to Section 4407 to require pedestrian protection at construction sites. 15.08.130 Table No. 44-A unmded to specify pennïttecl means of prvviding pedestrian protection for short periods of construction at limited height building construction sites. 15.08.010 Uniform Building Code, 1991 Edition, adopted by refermce. There is hereby adopted by reference the Uniform Building Code, ("UBC") 1991 Edition, and Chapters l(division I), 7, 11,32,35, and 49, and 55 of the Appendix that certain docummt as copyrighted by the International Conference of Building Officials. Chapter 31, Mcèssjbility and Chapter 31 of the Appendix are hereby exempted, Said document is h~reby adopted as the Bui1ding Code of the City of Chula Vista for regulating the erection, consttuction, enIargemmt, alteration, repair, moving, demolition, conversion, occupancy, use, height, and area of all buildings and sttuctures in the City. Providing for the issuance of pennits and collection of fees therefor and each and all such regulations, provisions, penalties, conditions and tenns of the Unifonn Building Code, 1991 Edition, a,nd Chapters 1 (division I), 7, 11, 32, 35, C-d'nance N~. 2507 1\;,;,= 2. 49, and 55 of the Appendix 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, 15.08.020 General-Sedion 202(a) amended to designate Building Director as "building of6åal". Section 202 (a) of the UBC, as it applies in the City of ChuJa Vista, is hereby amended to read as follows: Section 202(a) General. The building official is hereby authorized and directed to enforce all the provisions of this code. For such purposes the building official shall have the powen of a law enforcement officer. The building official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules and regulations shall be in confonnity with the intent and purpose of this code, The Building Official shall be the Director of Building and Housing, 15.08.030 Board of Appeals and Advisors-Section 204(a) amended to confer "suitability of alternate materials" jurisdiction on Board of Appeals. Limitations of Authority-Section 204(b) is added. Section 204(a) of the UBC, as it applies in the City of ChuJa Vista, is hereby amended to read as follows: Section 204(a) Board of Appeals and Advisors, To detennine the suitability of alternate materials, methods of construction and to provide for reasonable interpretation of the provisions of this Code, there shall be and is hereby created a Board of Appeals and Advisors consisting of seven members who are qualified by experience and training to pass upon matters penaining to building construction, The Director of Building and Housing shall be an ex-officio member who shall not be entitled to vote and who shall act as Secretary to the Board. The Board of Appeals and Advisors shall be appointed by the Mayor and confirmed by the City Council. The Board shall render all decisions and findings in writing to the Director of Building and Housing with a duplicate copy to the appellant, The decision of the Board is final. The Board of Appeals and Advisors shall recommend to the City Council such new legislation deemed necessary to govern construction in the City of ChuJa Vista. Section 204(b) Limitations of Authority. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of the code. 15.08.040 Eumpted Work-Section 301 (b) is amended to delete aemptions for certain types of construction from the requirement to obtain a building permit. Standarcls of QuaIity- Section 301(c) is added. - - - Section 301(b) of the Unifonn Building Code as it applies in ChuJa Vista shall read as follows: Section 301 (b) EXEMPTED WORK. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the City of Ordinance No. 2507 Page 3 Chula Vista or cause the same to be done without tint obtaining a separate building pennit for each such building or structure from the Building Official except as follows: 1, Fences up to 72 inches and free standing masonry walls up to 48 inches in height above the highest adjacent grade. 2. Curbs and planter boxes up to 18 inches in height. 3. Detached patio covers, not exceeding 12 feet in height, with a projected roof area not to exceed 144 square feet and at least 6 leet from any building or structure on the same property. 4. One-story detached accessory buildings, not exceeding 12 feet in height used as too] and storage sheds, playhouses and similar uses, provided the projected rool area does not exceed 144 square feet and are located so as to comply with the provisions of Chula Vista Municipal Code, Section 19.58.020. 5, Oil Derricks, 6, Movable cases, counters, and partitions not over 5 leet, 9 inches in height. 7. Retaining walls which are not over 3 feet in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids, 8. Television and radio antennas less than 35 leet in height. 9, Awnings projecting not more than 54 inches and attached to, and supported by, the exterior walls of buildings of Group R or M Occupancy. 10, Standard electrolier not over 35 feet in height above finish grade. 11, Platfonns, walks and driveways not more than 30 inches above grade and not over any basement or story below. 12. Temporary motion picture, television and theater stage sets and scenery. 13. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons. 14, Fish ponds, reflective pools or other decorative water containen with a wet surface area of 100 square feet or less and a maximum depth ol18 inches to the flood rim. 15. Repairs which involve only the replacement ol component parts ol existing work with similar materials lor the purpose ol maintenance, and which do not aggregate over $500.00 in valuation in any twelve-month period, and do not affect any electrical, plumbing or mechanical installations. Repairs exempt from permit requ~ements shall not include any addition, change, or modification in construction, exit lacilities, or permanent fixtures or equipment. Specifically exempted from pennit requirements without limit to valuation are: Ordinance N~. 2507 f'è':~ 4 . a, Painting, papering, decorating and similar work. b. Installation of floor covering, c. Cabinet work. d, Outside paving, e. Re-roofing buildings of Group R and M Occupancies of less than SOO sq, ft or less than fifty percent (SO%) of roof covering replacement. This section shall not be construed to require separate building permits for dwelling and accessory buildings or structures on the same property which are described in the building permit application, plot plan and other drawings. Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items, Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of the City of Chula Vista, Section 301(c) Standards of Quality, The standards listed below labeled a "U.B,C, standard" are also listed in Chapter 60, Part II, and are part of this code, 1. Concrete A. U.B.C. Standard No, 27-13, Ready-mixed concrete, 2, Connections A. U,B,C, Standard No, 27-7, High·strength Bolting 3. Fireproofing A. U.B,C, Standard No, 43-8, Thickness and Density Determination for Spray-applied Fireproofing, lS.08.0S0 Section 304 amended to reference the City'. Master Fee Schedule, and to ~ fees not contained in the UBC. Section 304 of the Uniform Building Code, as it applies in Chula Vista, shall read as follows: Section 304(a) General. Fees shall be assessed in accordance with the provisions of tlús section or shall be as set forth in the fee schedule adopted by the jurisdiction. - - . Section 304(b) Permit Fees, The fee for each permit shall be as set forth in the Master Fee Schedule. The determination of value or valuation under any of the provisions of this code shall be made by the building official, The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and Ordinance No. 2507 Pë;:; 5 any other permanent equipment, Section 304(c) Plan Review Fees, When a plan or other data are required to be submitted by Section 302(b), a plan review fee shall be paid at the time of submitting plans and specifications for review, Said plan review fee shall be 65 percent of the building permit fee as shown in the Master Fee Schedule. Section 304(d) Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official, The building official may extent the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that all circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to review action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee, Section 304(e) Investigation Fees: Work without a Permit. 1, Investigation, Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 2, Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in the Master Fee Schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. Section 304(1) Fee Refunds, Fees paid for microfilming of documents and for Strong Motion Instrumentation are not refundable. Section 304 (g) Compliance Swvey Fee, The fee for conducting a compliance swvey of an existing structure shall be as specified in the City of Chula Vista Master Fee Schedule. Section 304(h) Exceptions, The United States Government, State of California, school districts, counties, cities and other public agencies shall not be required to pay any fees for filing an application for a building permit pursuant to this code, Section 304(i) Retention of Plans, State Law requires the retention of plans, specifications and permits for the life of the building. Therefore, the applicant shall be charged a fee to cover the actual cost of microfilming such documents as specified in the Master Fee Schedule. 15.08.060 Subsection (h) added to Section 305 to require inspection for compliance surveys. Subsection 305 (h) is hereby added to Section 305 of the Uniform Building Code, as it applies in Chula Vista, and said subsection (h) shall read as follows: - . Section 305 (h) Compliance Swvey Inspection. Upon receipt of a written request for a compliance swvey from the owner and payment of the fee specified in the Master Fee Schedule, the Building Official may inspect an existing structure to ascertain its compliance with the provisions of this code and other applicable laws and ordinances, and report findings in writing to the owner. erè~nê~ce NOe 2507 F¿;~ 6 15.08.070 Section 1710 (a) amended to add an aception to the requirement for parapets. EXCEPTION F is hereby added to subsection (a) of Section 1710 of the Uniform Building Code, as it applies in Chula Vista, which EXCEPTION F shall read as follows: Exception F. Conversion of existing Group R occupancies to offices. 15.08.080 Section 3203 amended to provide for more restric:tÏft roof coverings. Section 3203 of the Uniform Building Code as it applied in Chula Vista is amended as follows: Section 3203, The roof covering on any structure regulated by this code shall be as specified in Table No, 32-A and as classified in Section 3204. Wood shingles and wood shakes shall have a minimum Class ·C· fire-resistive rating, 15.08.090 Subsection (e) added to Section 3601 to require equipment enclosures on roofs. Subsection (e) is hereby added to Section 3601 of the Uniform Building Code, as it applies in Chula Vista, which subsection (e) shall read as follows: Section 3601(e) 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 and soundproofed so as to comply with the noise abatement provisions of Sections 19,68,010 through 19,68,090 of the Chula Vista Municipal Code. Equipment enclosures shall not be constructed so as to trap flammable or combustible vapors. Exception: Solar collectors, Does not include structural supporting members, 15.08.100 Subsection (I) added to Section 3601 to require removal of obsolete roof equipment. Subsection (I) is hereby added to Section 3601 of the Uniform Building Code, as it applies in Chula Vista, which subsection (I) shall read as follows: Section 3601(1) Obsolete Roof Equipment, Mechanical equipment including piping and ducts located on the roof of a building and no longer in operation shall be removed from the roof. 15.08.110 Paragraph 5 added to subsection (b) of Section 3802 added to require installation of automatic ~ system in buildings greater than certain height. Paragraph 5 is hereby added to subsection (b) of Section 3802 of the Uniform Building Code, as it applies in Chula Vista, which Paragraph 5 shall read as follows: Paragraph 5 In every building regardless of occupancy, group or type of construèti;'n, when such building is more than 40 feet or four stories or more in height. 15.08.120 Subsection (e) added to Section 4407 to require pedestrian protection at construction sites. Ordinance No. 250ì Pã::e 7 " Subsection (e) is hereby added to Section 4407 of the Uniform Building Code, as it applies in Chula Vista, which subsection shall read as follows: Section 4407(e) Construction Site. AI any construction site wherein an excavation of 3 feet 6 inches or more is dug shall be required to be completely fenced around the perimeter of the site with either a solid wooden fence or woven wire fence not less than 6 feet in height. Said fence shall be equipped with gates that can be locked during such periods as construction is not in progress and that said fence shaH be appropriately posted with no trespassing signs, provided however, that said requirements shall not apply to single family and multiple family dwel1ings of less than three units or to construction sites where said excavations is not in existence for more than a 24-hour period, Excavations of 3 feet 6 inches or more on such sites shall not be left unattended without substantial temporary covering or barricades. 15.08.130 Table No. 44-A amended to specify permitted means of providing pedestrian protection for shon periods of construction at limited height building construction lites. Table No, 44-A-·"Type of Protection Required for Pedestrians· is hereby amended to add Foomote 1 thereto, which foomote shall read as follows: Foomote 1: Upon prior approval for buildings not exceeding 24 feet in height, protection may be provided by using scaffolding or barricades when painting, sandblasting, adding light-weight veneer or renovating the facade, Construction time cannot exceed 10 working days. SECTION I I . FINDINGS AND DECLARATION The Ci ty Counci 1 of the City of Chula Vista specifically and expressly finds and declares that the nature and uniqueness of the climate, terrain, and location does necessitate and demand specific amendments to the Uniform Building Code, 1991 Edition which are noted in the Chula Vista Municipal Code and restated in this ordinance. SECTI ON III. This ordinance will take effect and be in force on the thirtieth day from and after its passage and approval. --24&Ä¥¡ Kenneth G. Larsen Director of Building & Housing , : Ordinance No. 2507 P?'~e 8 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of May, 1992, by the following vote: AYES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: Counci 1 members: None ABSENT: Counci 1 members: None ABSTAIN: Counci 1 members: None ;<:- ~ -=-- "y~ Tim Nader, Mayor ATTEST: .., I / , /~ I -, / I ¡- / í I 'f" I - ...-'_ I:.......LJ_ I , I" / ": ' " BeverlY,A. Authelet, City Clerk STATE OF CALIFORNIA ~ COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2507 had its first reading on April 21, 1992, and its second reading and adoption at a regular meeting of said City Council held on the 19th day of May, 1992. Executed this 19th day of May, 1992. ~/Jt!¡} . . ,'(f{[_"- ~. j(]i{Jl~/ Beverly f. Authelet, City Clerk - - - ITEMI14A (2 of 40RD,) ORClhAN:[ hJ. 2503 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, REPEALING EXISTING CHAPTER 15.28 OF THE MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 15.28 OF THE MUNICIPAL CODE OF THE CITY OF CHULA VISTA RELATING TO THE ADOPTION OF THE UNIFORM PLUMBING CODE, 1991 EDITION THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That existing Chapter 15.28 is hereby repealed, and a new Chapter 15.28 of the Chula Vista Municipal Code is hereby added, which Chapter shall read as follows: OIapter 15.28 Sections: 15.28.010 Uniform PIumbing Code, 1991 Edition, adopted by merel1ce. 15.28.020 Section 20.1 amended to designate building official. 15.28.030 Section 20.3 amended to merel1ce Chula VISta's General Penalty Provisions. 15.28.040 Section 30.4(a) amended to have fees merel1ce åty's Master Fee Schedule. 15.28.050 Section 30.4(d) amended to exempt imposition of investigation fees for emergency work. 15.28,060 ~tion 30.5(f) amended to merel1ce the åty's Master Fee Schedule. 15.28.070 Section 11 05 amended to specify IocaJ minimum residential sewer size. 15.28.080 Appencfu: C adopted as recommended guide. 15.28.010 Uniform Plumbing Code, 1991 Edition, adopted by merel1ce. There is hereby adopted by reference the Unifonn Plumbing Code, 1991 Edition, and Appendices A, B, C, D and H document as copyrighted by the International Association of Plumbing and Mechanical Officials ("UPC"). 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, private sewage disposal systems on all properties and within all buildings and structures in the City, Providing for the issuance of pennits and collection of fees therefor and each and all such regulations, provisions, penalties, conditions and tenns of the Unifonn Plumbing Code, 1991 Edition, and Appendices A, B, C (as a guide), D and H are hereby refelTed to, adopted, and made a part thereof as though fully set forth herein, excepting such portions as are hereinafter deleted, modified or amended. 15.28.020 Section 20.1 amended to designate building official. Section 20.1 of the UPC as it applies in Chula Vista shall read as follows: Administrative Authority. . . Section 20,1 The Administrative Authority shall be the Director of Building and Housing-- the Authority duly appointed to enforce this Code. Ordinance No. 2508 P-"'P '" C=''' '- 15.28.030 Section 20.3 amended to reference Clula VISta's General Penalty Provisions. Section 20.3 of the UPC as it applies in Chula Vista shall read as follows: Violation and Penalties. Section 20.3 (a) Violations. Any person, finn or cOlJ'Oration violating any provisions of this code shall, upon conviction thereof, shall be subject to punishment as provided for in Chapter 1.20 of the Chula Vista Municipal Code. Section 20.3 (b) Penalties. Any person, finn, or cOlJ'Oration violating any provision of this code shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine and/or imprisonment set forth by the governing laws of the jurisdiction, Each separate day or any ponion thereof, during which any violation of this Code occurs or continues, shall be deemed to constitute a separate offense, 15.28.040 Section 30.4(a) amended to have fees reference city's Master Fee Schedule. Subsection 30.4(a) of Section 30.4 "Fees' of the UPC as it applies in Chula Vista shall read as follows: 30.4(a) Permit Fees, The fee for each permit shall be set forth in the Master Fee Schedule of the City of Chula Vista, 15.28.050 Section 30,4(d) amended to exempt imposition of investigation fees for emergency wort. Subsection 30.4(d) of Section 30.4 'Fees' of the UPC as it applies in Chula Vista shall read as follows: Section 30.4(d) Investigation Fees, (1) Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. (2) 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 that would be required by this Code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code, nor from any penalty prescribed by law. (3) This provision shall not apply to emergency work when it shall be proven to the satisfaction of the Administrative Authority that such work was urgently necessary and that 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, and if there be an unreasonable delay in obtaining such permit, the investigation fee as herein provided for shall ¡¡., charged. C¡dinan:e N00 2508 Pa,,~ j 15.28.060 Section 3O.5CO amended to reference the city's Master Pee Schedule. Section 30.5(f) of the UPC as it applies in Chula Vista shall read as follows: Section 30,5(f) Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not completed or when required COITections have not been made. This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection. Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is required, or for deviating from plans requiring the approval of the Administrative Authority. To obtain a re-inspection, the applicant shall file an application in writing upon the form furnished for that purpose and pay the re-inspection fee in accordance with the Master Fee Schedule of the City of Chula Vista. In instances where reinspection fee's have been assessed, no additional inspection of the work will be performed until the required fees have been paid, 15.28.070 Section 11 05 amended to specify local minimum residential sewer size. Section 11 05 of the UPC as it applies in Chula Vista shall read as follows: Section 1105 Size of Building Sewers. The minimum size of any building sewer shall be determined on the basis of the total number of fixture units drained by such sewer, in accordance with Table 11-2. No building sewer shall be smaller than the building drain, However, the minimum size building sewer for any residential (R) occupancy shall be not less than 4 inches, 15.28.080 Appendix C adopted as recommended guide. Appendix 'C' of the UPC as it applies in ChuJa Vista shall be, and hereby is, adopted as a recommended guide for determining the minimum required sanitary facilities for various occupancies, Deviation from the specified number of fixtures is subject to review and prior approval by the Administrative Authority. SECTION II. Findings and Declaration. The City Council of the City specifically and expressly finds and declares that the nature and uniqueness of the climate, terrain, l'oçation, and environment of the Ci ty does necessi tate and demand speci fi c amendments to the UnHonn Plumbing Code, 1991 Edition, which are noted in the Municipal Code and restated in this ordinance. 0rd~~ance NJ. 2508 h;~ 4 Sect i on II 1. Effective Date. This ordinance shall take effect and be in force on the thirtieth day from and after its passage and approval. Presented by "r m¡" .JJ ~~4~'¿ht'¥ Kenneth G. L rsen Bruce H. Boogaar Director of Building & Housing City Attorney - . . Ordinance No. 2508 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of May, 1992, by the following vote: AYES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Counci lmembers: None C //í~ ~ (/, ,~ø. / / . Tim Nader, Mayor ATTEST: ., / / /, I / . ~/"" , - ;' / ~ , ,. " ( / . '" J~~..,.: #, I (.~ 1";/, C; J. Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2508 had its first reading on April 21, 1992, and its second reading and adoption at a regular meeting of said City Council held on the 19th day of May, 1992. Executed this 19th day of May, 1992. , Il 17 / 2; '----ft:.jUX'¿;{i ,',' i,~ (~)j/ a/' Beverly A.,'Authelet, City Clerk . . ITEM 114A (3 of 40RD.) ORDINANCE NO. 2509 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, REPEALING EXISTING CHAPTER 15.16 OF THE MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 15.16 OF THE MUNICIPAL CODE OF THE CITY OF CHULA VISTA RELATING TO THE ADOPTION OF THE UNIFORM MECHANICAL CODE, 1991 EDITION THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That the existing Chapter 15.16 of the Municipal Code is hereby repealed, and a new Chapter 15.16 of the Chula Vista Municipal Code are hereby added to read as follows: O>apter 15.16 Sections: 15.16.010 Uniform Mechanical Code, 1991 Edition, adopted by reference. 15.16.020 Section 201 (a) amended to designate building official. 15.16.030 Section 202 amended to identify additional unsafe equipment. 15.16.040 Sec:tion 203(a) amended to confer "suitability of alternate materials" jurisdiction on Board of Appeals. 15.16.050 Sec:tion 304 amended to specify Ioc:a1 fee stIUdUre. 15.16.010 Uniform Mechanical Code, 1991 Edition, adopted by reference. There is hereby adopted by reference, that certain document known and designated as Unifonn Mechanical Code, 1991 Edition and Appendix A, Chapter 22 of Appendix B, And Appendix C thereof as copyrighted by the International Conference of Building Officials ("UMC"). Said Document is hereby adopted as the Mechanical Code of the City, providing for and regulating the complete installation and maintenance of heating, ventilation, cooling and refrigeration systems, and providing for the issuance of penn its therefore, and each and all such regulations, provisions, penalties, conditions and terms of the Uniform Mechanical Code, 1991 Edition and Appendices A, B and C thereto 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. 15.16.020 Section 201 (a) amended to designate building official. Section 201 (a) of the UMC as it applies in Chula Vista shall read as follows: Section 201 (a) General. The building official is hereby authorized and directed to enforce all the provisions of this code, For .uch purposes the building of!icial .hall have the powel'$ of a law enforcement officer. . The building official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. The building official, herein Ordi0ð~ce Nc. 2509 ¥e:jE: 2 referenced, shall be the Director of Building and Housing, 15.16.030 Section 202 ammded to identify additional unsafe equjpment. Section 202 of the UMC as it applies in Chula Vista shall read as follows: Section 202(a) Unsafe Equipment, Any equipment regulated by this code, which is unsafe or which constitutes a fire or health hazard or is other wise dangerous to human life is, for the purposes of this section, unsafe. Any use of equipment regulated by this code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for this pUIJ>ose of this section, an unsafe use. Any such unsafe equipment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with procedures set forth in the Uniform Code for the Abatement of Dangerous Buildings as adopted by Uniform Building Code, Section 203 as amended, As an alternative, the Building Official or other employee or official of this jurisdiction as designated by the governing body may institute any other appropriate action to prevent, restrain COITect or abate the violation. Section 202(b) 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 and soundproofed so as to comply to the noise abatement provisions of Section 19,68.010 through 19.68.090 of the Chula Vista Municipal Code, Equipment enclosures shall not be constructed so as to trap flammable or combustible vapors, EXCEPTION: Solar Collectors - Does not include structural supporting members, Section 202 (c) Obsolete and unused equipment, including piping and ducts located on the roof of a building and no longer in operation shall be removed from the roof, 15.16.040 Section 203(a) amended to confer "suitability of alternate materials" jurisdiction on Board of Appeals. Section 203(a) of the UMC as it applies in Chula Vista shall read as follows: Section 203 (a) Board of Appeals and Advisors. To determine the suitability of alternate materials, methods of construction and to provide for reasonable interpretation of the provisions of this code, there shall be and is hereby created a Board of Appeals and Advisors consisting of seven members who are qualified by experience and training to pass upon maners pertaining to mechanical design, construction and maintenance and the public health aspects of mechanical systems and who are not employees of the jurisdiction, The Director of Building and Housing sball be an ex-officio member who shall not be entitled to vote and who shall act as Secretary to the Board, The Board of Appeals and Advisors shall be appointed by the Mayor and confirmed by the City Council. The Board shall render all decisions and findings in writing to the Director of Building and Housing with a duplicate copy to the appellant. The decision of the Board ~ fi?aI, . 15.16.050 Section 304 amended to specify local fee structure.. Section 304 of the UMC as it applies in Chula Vista shall read as follows: Ordinance No. 2509 Page 3 Fees. Section 304(a) General. Fees shall be assessed in accordance with the Master Fee Schedule of the City of Chula Vista. Section 304(b) Permit Fees, The fee for each permit shall be as set forth in the Master Fee Schedule of the City of Chula Vista, Section 304(c) Plan Review Fees, When a plan or other data are required to be submitted by Section 302 (b), a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for mechanical work shall be equal to 25 percent of the total permit fee as set forth in the Master Fee Schedule of the City of Chula Vista. The plan review fees specified in this Subsection are separate fees from the permit fees specified in Section 304(a) and are in addition to the permit fees, When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in the Master Fee Schedule. Section 304(d) Expiration of Plan Review, Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be 'returned to the applicant or destroyed by the building official. The building official may extend the time for actin by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken, No application shall be extended more than once. In order to renew action on an application after expiration, the applicant sh all resubmit plans and pay a new plan review fee, Section 304(e) Investigation Fees: Work without a Permit, 1. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 2, Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued, The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. Section 304(0 Fee Refunds. 1. The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected, 2. The building official may authorize refunding of Dot more than 80 percent of the permit fee paid when no work has been done undër~ permit issued in accordance with this code, 3. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee O,jinance N:. 25:~ Fa2~ 4 has been paid is withdrawn or canceled before any pUan review effort has been expended. The building official shall not authorize refunding of any fee paid except upon written application filed by the original permitee not later than ISO days after the date of fee payment. SECTION II. FINDINGS AND DECLARATION. The City Council of the City of Chula Vista specifically and expressly finds and declares that the nature and uniqueness of the climate, terrain and location does necessitate and demand specific amendments to the Uniform Mechanical Code, 1991 Edition which are noted in the Chula Vista Municipal Code and restated in this Ordinance. SECTION II I. EFFECTIVE DATE. This Ordinance shall take effect and be in force on the thirtieth day from and after its passage and approval. Presented by ! / lk Bruce M. Boogaard and Housing City Attorney . . Ordinance No. 2509 Pcg::: :, PASSED, APPROVED and ADOPTED by the City Council of theCityofChula Vista, California, this 19th day of May, 1992, by the following vote: AYES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None -=-n¿ ,-,i ~ _ /~ ;/,.-^-_ Tim Nader, Mayor ATTEST: /) /" /~ -1 / , . ,. <'I / - I I /.~ . , j' <. { j ,', . '. I:- , Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2509 had its first reading on April 21, 1992, and its second reading and adoption at a regular meeting of said City Council held on the 19th day of May, 1992. Executed this 19th day of May, 1992. //Î~() f, j-.., , " . 7l I'd . 'U' ',' - '. -!Æ.- f r ' Beverly ~. Authelet, City Clerk '- -. ITEM 114A ( 4 of 4 ORD.) ORDINANCE NO. 2510 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA REPEALING EXISTING CHAPTER 15.20 OF THE MUNICIPAL CODE OF CHULA VISTA AND ADOPTING A NEW CHAPTER 15.20 OF THE MUNICIPAL CODE OF CHULA VISTA RELATING TO THE ADOPTION OF THE UNIFORM HOUSING CODE, 1991 EDITION THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1. That existing Chapter 15.20 ;s hereby repealed, and new Chapter 15.20 of the Chula Vista Municipal Code ;s hereby adopted to read: ŒIAPTER 15.20 Sections: 15.20.010 Unifonn Housing Code, 1991 Edition, adopted by refermce.. 15.20.020 Subsection (a) of Section 201 amended to Designate Director of Building and Housing and "Building Offiåa1". 15.20.030 Subsection (a) of Section 203 amended to Designate Board of Appeals as "housing advisory and appeals board". 15.20.04{) Section 304 added to Require Annual Housing Permit. 15.20.050 Section 305 added to Require Housing Permit Pees to be Set by City's Master Pee Schedule. 15.20.060 Section 307 added to Require Suspension or Revocation of Annual Housing Permit Where Operation is Non-<:onfonning. 15.20.010 Unifonn Housing Code, 1991 Edition, adopted by reference. There is hereby adopted by reference that certain document known and designated as the Uniform Housing Code, 1991 Edition as copyrighted by the International Conference of Building Officials. Said document is hereby adopted as the Housing Code of the City of Chula Vista, California providing for the issuance of housing permits and providing the minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public and the owners and occupants of residential buildings in the City of Chula Vista, and the regulations, provisions, penalties, conditions and terms of said Uniform Housing Code, 1991 Edition, 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. 15.20.020 Subsection (a) of Section 201 amended to Designate Director of Building and Housing and "Building Offiåa1". Section 201 (a) of the Uniform Housing Code, as it applies in Ch~a Vista, shall read as follows: - Section 201 (a) Authority. The building official is hereby authorized and directed to enforce all the provisions of this code, For such purpose, the building official shall have the powers of a law enforcement officer. The building official shall have the power to render, interpretations of this code and to adopt C~~ina~ce No~ 2510 fi~·_-: 2 and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provision of this code. Such interpretations, rules and regulations shall be in confonnity with the intent and purpose of this code. The Building Official shall be the Director of Building and Housing, 15.20.030 Subsection (a) of Section 203 amended to Designate Board of Appeals as "housing advisory and appeals board". Subsection (a) of Section 203 of the Uniform Housing Code, and the title precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows: Board of Appeals and Advisors. Section 203(a) General, In order to provide for reasonable interpretation of the provisions of this code, to mitigate specific provisions of the code which create practical difficulties in their enforcement and to hear appeals provided for hereunder, there is hereby established a Board of Appeals and Advisors consisting of seven members who are qualified by experience and training to pass upon maners pertaining to building construction, use and occupancy of residential structures, The Director of Building and Housing shall be an ex-officio member who shall not be entitled to vote and who shall act as Secretary to the Board, The Board of Appeals and Advisors shall be appointed by the Mayor and confinned by the City Council, The Board shall render all decisions and findings in writing to the Director of 'Building and Housing with a duplicate copy to the appellant. Appeals to the Board shall be processed in accordance with the provisions contained in Section 1201 of this code or in accordance with such procedures as may be prescribed by the City Anorney of the City of Chula Vista, The decision of the Board is final. The Board of Appeals and Advisors shall recommend to the City Council such new legislation deemed necessary to govern construction, use and occupancy of residential structures, in the City of Chula Vista, 15.20.040 Section 304 added to require Annual Housing PenniL Section 304, and the title precedent thereto, is added to the Uniform Housing Code, as it applies in Chula Vista, which Section shall read as follows: Annual Housing Permit. Section 304(a) It shall be unlawful for any person, firm, parmership, or corporation, either for himself or itself, or for any other person, firm, parmership, or corporation to own or operate an apartment house, lodging house or hotel without first obtaining a housing permit therefor. Section 304(b) The Annual Housing Pennit provided for in this code shall be due and payable to the City of Chula Vista on the first day of January of each year in advance. The housing permit fee shall be paid concUlTently with the business license fee. Section 304(c) If any person, firm, parmership or corporation commenq!s. the operation of an apartment house or hotel during the calendar year, the housing permit shall be prorated on a quarterly prorata basis for the calendar year. Section 304(d) A permit to operate and maintain an apartment house or hotel is not transferable, Ordinance No. 2510 Page 3 15.20.050 Sedion 305 added to require Housing Permit Fees to be Set by Citÿs Master Fee Schedule. Section 305, and the title precedent thereto, is added to the Uniform Housing Code, as it applies in Chula Vista, which Section shall read as follows; Housing Permit Fees· Apartment Houses, Lodging Houses, Hotels and Motels. Section 305 (a) The fee for a Housing Permit required by Section 304 of this ordinance shall be as presently designated, or as it may hereafter be amended as set forth in the Master Fee Schedule of the City of Chula Vista. For the purpose of this section, a "unit" shall mean each apartment in an apartment house, each sleeping room in a hotel, motel, and lodging house, and each apartment and each hotel, motel sleeping room in a building containing both apartments and hotel/motel sleeping rooms, Separate apartment house building and separate hotel/motel building, or combination thereof, located upon a single parcel of land or contiguous parcels of land, under the same ownership, shall be treated as one apartment house, or hotel for the purpose of computing the fee prescribed by this section, Section 305(b) Penalty for Delinquent Payment. If the housing permit is not paid on or before the thirtieth (30th) day of the month following the date when it became due, then a penalty in an amount equal to twenty·five percent (25%) of the permit fee due and payable shall be added thereto, and no such permit shall be issued until such penalty has been paid. Section 305(c) The Director of Building and Housing shall cause to be made such inspections, at such intervals, as shall be deemed necessary to insure compliance with the provisions of this code. 15.20.060 Sedion 306 added to require Suspension or Revocation of Annual Housing Permit Where Operation is Non-Conforming. Section 306, and the title precedent thereto, is added to the Uniform Housing Code, as it applies in Chula Vista, which Section shall read as follows: Suspension and Revocation of Housing Permit. Section 306 Whenever it is found that any apartment house, lodging house, hotel or motel is not being conducted in conformity with this Code, the annual housing permit to operate shall be subject to revocation or suspension by the Building Official. SECTION II. Findings and Declaration. The City Council of the City of Chula Vista specifically and expressly finds and declãres that the nature and uniqueness of the climate, terrain, and location does necessitate and demand specific amendments to the Uniform Housing Code, 1991 Edition, which are noted in the Chula Vista Municipal Code and restated in this ordinance. Ordinance No. 2510 PèJ~ 4 SECTION II I. This Ordinance shall take effect and be in full force on the thirtieth day from and after its passage and approval. Presented by ¿ Bruce M. Boogaard Dusing City Attorney - - Ordinance tia. 2510 Pù;e 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of May, 1992, by the following vote: AYES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ,--- ~ ¿ '-- .~' d~/ Tim Nader, Mayor ATTEST: , ( " , '-.. .. I i "--.J_ , l, '~('--' ~ r- Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ~ COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2510 had its first reading on April 21, 1992, and its second reading and adoption at a regular meeting of said City Council held on the 19th day of May, 1992. Executed this 19th day of May, 1992. lÔ<çj}(ì C~/l Beverly A! Authelet, City Clerk , ,