HomeMy WebLinkAbout1984/11/12 Board of Appeals & Advisors Minutes
MINUTES OF REGULAR MEETING
BOARD OF APPEALS AND ADVISORS
CITY OF CHULA VISTA, CALIFORNIA
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MEMBERS PRESENT: Chairman Winchell, Vice Chairman Reynolds, Board Members
Winkelman and Welsh
MEMBERS ABSENT: Board Members Kimball and Schafer (Unexcused)
CITY STAFF PRESENT: Director of Building and Housing Grady, Chief Building/Housing
Inspector Hansell and Fire Marshal Monsell
l. CALL MEETING TO ORDER:
Chairman Winchell called the meeting to order at 5:01 p.m.
2. ROLL CALL - Members present constituted a quorum
3. APPROVAL OF MINUTES: MSUC Lee/Reynolds (4-0) to approve the minutes of
October 8, 1984
4. APPEALS:
(a) CASE NO. 36-84 - 236 Third Avenue (Commercial Building)
The applicant requested a code modification so that the building could
be constructed as approved by the Design Review Committee. The Committee
approved the design of the building with 6" x 10" beams placed 32" on
center spaning the court or yard. Section 3301 designates the court or
yard as an exitway to the public street. The wood beams do not have a
fire resistive rating of one hour and the beams constitute an enclosure
of 21% of the roof over the yard/court. Staff recommended that the
applicant's request be approved providing the wood beams are fire retardant
treated.
MSUC Lee/Welsh (4-0) to grant the appeal with the recommendation that
the beams be fire retardant treated.
Board Member Winkelman arrived at 5:10 p.m.
(b) CASE NO. 37-84 - 450 Fourth Avenue (Medical Center)
The app'licant requested rel ief from UBC, Section 3305(i) because the
area involved is school property. They petitioned the school board to
grant an easement of 6' in order to make up the 10' setback needed for
an unprotected exitway but were turned down. The applicant requested
an open exit bridge out of the west side of the building which was to
serve as access to the hospital property without having to walk from
4th Ave. The exit bridge would be 4' from the property line and
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BOARD OF APPEALS AND ADVISORS
MINUTES OF November 12, 1984
Page 2
unprotected. The applicant requested that the 20' setback required for
a building constructed on the school property be considered as the open
space needed for an unprotected exitway.
MSUC Winkelman/Lee (5-0) to deny the appeal as the 20' setback is
subject to change by action of the Planning Commission or City Council,
but the Board would be receptive to an alternate plan.
(c) CASE NO. 38-84 - 1287 Third Avenue (Restaurant Building)
The applicant requested that the exterior stairs and exit balconies be
allowed to encroach into an area where openings are I'equired to be pro-
tected. The Design Review Committee has approved the building design
with the stairway located 7' from the property line. This was 3' short
of code requirements. The stairways could be located so that the lO'
setback from the property line for open exitways can be provided.
MSUC Reynolds/Welsh (5-0) to deny the appeal.
5. STAFF REPORT:
Chairman Winchell and Director of Building and Housing Grady distributed a
report on the 62nd Annual Education and Code Development Conference of the
International Conference of Building Officials held in Salt Lake City. A
brief discussion ensured concerning earthquake design and masonary changes.
6. COMMUNICATIONS (PUBLIC REMARKS/BD. MEMBERS COMMENTS/WRITTEN CORRESPONDENCE)
Director of Building and Housing Grady distributed a copy of a letter from
the City Attorney on the finality of Board of Appeals Decisions. The City
Attorney's opinion was that Council has delegated to the Board the right to
make final decisions with regard to alternate materials, methods of con-
struction and deviations from dimensional requirements of the UBC and that
any appeal would be to the courts.
7. ADJOURNMENT: Chairman Winchell adjourned the meeting at 6:00 p.m. to the
regular scheduled meeting for Monday, December 10, 1984.
JI(I/I'l-':f ~~/M~, Secretary
PLEASE NOTE: THIS MEETING HAS BEEN TAPE RECORDED. REFER TO TAPE #24-BA-ll/12/84.
TAPES ARE AVAILABLE IN THE BUILDING & HOUSING DEPT., PBS, 276 4TH AVE., CV, CA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
EXISTING SECTIONS 15.24.010 THROUGH 15.24.330 AND
ADOPTING NEW SECTIONS 15.24.010 THROUGH 15.24.090
OF CHAPTER 15.24 OF THE MUNICIPAL CODE OF THE
CITY OF CHULA VISTA RELATING TO THE ADOPTION OF
THE NATIONAL ELECTRIC CODE, 1984 EDITION
THE CITY COUNCIL OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I: That Sections 15.24.010 through 15.24.330 of Chapter 15.24 are
hereby repealed, and new Sections 15.24.010 through 15.24.090 of Chapter 15.24
of the Chula Vista Municipal Code are hereby adopted to read as fOllows:
15.24.010. National Electrical Code, 1984 Edition, adopted by reference.
There is hereby adopted by reference that certain document known and
designated as the National Electrical Code, 1984 Edition, as published by the
National Fire Protection Association, three copies of which are on file in the
office of the City Clerk. Said document is hereby adopted as the Electrical
Code of the City of Chula Vista, Cal iforni a regulating the installation,
repair, operation and maintenance of all el ectri c wiring and electrical
apparatus of any nature whatsoever, whether inside or outside of any building,
and issuance of permits and providing for the inspection thereof.
15.24.015. Wiring in Existing or Relocated Buildings and Structures.
A. The provisions contained in this section shall apply to all existing or
relocated buildings when deemed inadequate or unsafe by the administrative
authori ty.
B. All relocated buildings or structures shall have service equipment conform
to the provisions of Article 230, if service equipment is relocated.
C. Additions to or alterations in old wiring shall be made in compliance with
the provisions of the National Electric Code and as may be recommended by
the Building Official.
D. Outlets existing or added to existing branch circuits, shall be rated at
not 1 ess than 1-1/2 amperes each. Ci rcui ts to whi ch outl ets have been
added shall not contain outlets whose number will exceed 80% of the branch
ci rcuit rati ng.
E. Each room in a relocated dwelling shall be provi ded with not 1 ess
than four conveni ence outl ets equally spaced. Receptacles which are
a part of a fixture or switch outlet shall not count.
F. All kitchens shall be provided with not less than two branch circuits
rated at 20 amperes each.
15.24.020. Materi a1 s-Approva1 requi red.
Li sti ng or 1 abe1 i ng as conformi ng to the standards of the Underwri ters'
Laboratories, Inc., of the United States Bureau of Standards or other similar
institution of recognized standing shall be prima facie evidence of conformity
with the approved standards for safety to life and property. No electrical
material, appliances or equipment that does not comply with this section shall
be offered for sale or sold within the city.
15.24.025. Definitions.
For the purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
A. "Apartment house" means any buil di ng, or porti on thereof, whi ch is
designed, built, rented; leased, let or hired out to be occupied, or which is
occupied as the home or residence of three or more families living
independently of each other and doing their own cooking in the building, and
shall include flats and apartments.
B. "Approved" means acceptabl e to the authority enforc i ng thi s chapter.
C. "Department" means the building and housing inspection department.
D. "Director of building and housing" means the head of the building and
housing inspection department.
E. "Dwell ing" means any structure, or any portion of a structure, other than
an apa rtment house or hotel contai ni ng one or more apartments or guest
rooms.
F. "Electrical inspector" means the director of building and housing.
G. "Hotel" means any structure, or porti on of a structure, i ncl udi ng any
lodginghouse, roominghouse, dormitory, Turkish bath, bachelor hotel,
studio hotel, public club or private club containing six or more guest
rooms which is occupi ed or intended or desi gned for occupati on by si x or
more guests, whether rent is paid in money, goods, labor or otherwise. It
does not include any jail, hospital, asylum, sanitarium, orphanage,
prison, detention, or other building in which human beings are housed and
detained under legal restraint.
15.24.030: .Enforcement authority-Powers and duties of director of building
and housing.
It shall be the duty of the director of building and housing to enforce
the provisions of this code. He shall, upon application, grant permits for
the installation or alteration of electrical wiring, devices, appliances and
equipment, and shall make inspections of all new electrical installations and
reinspections of all electrical installations as provided in this code. He
shall keep complete records of all permi ts issued, inspections and
reinspections made, and other official work performed in accordance with the
provi si ons of thi s code. The director of building and housing may delegate
any of his powers or duties to any of his assistants.
The di rector of buil di ng and housi ng shall have the ri ght, duri ng
reasonabl e hours or at any time when extreme danger exi sts, to enter any
building in the discharge of his official duties or for the purpose of making
an inspection, reinspection or test of the installation of electrical wiring,
devices, appliances and equipment contained therein. The director of building
and housing shall have the authority to cut or disconnect any wire in cases of
emergenci es where necessary to the safety of 1 i fe or property, 01' where such
wire may interfere with the work of the fire department. The director of
buil di ng and housi ng is authori zed to di sconnect or order di sconti nuance of
electrical service to any electrical wiring, device, appl i ance or equipment
found to be dangerous to life or property because they are defective or
defectively installed.
15.24.035. Liability and responsibility for compliance.
This chapter shall not be construed to re1 ieve from or lessen the
responsibility of any party owning, operating, controlling, or installing any
electrical wiring, electrical device, or electrical material s for damage to
person or property caused by any defect therei n, nor shall the ci ty or any
officer or employee thereof enforcing this chapter be held as assuming any
such liability by reason of the inspections authorized herein, or certificate
of inspection issued in accordance with the provisions of this chapter.
15.24.040. Permits - Required when.
A. No electric wiring, devices, appliances, or equipment shall be installed
within or on any building, structure or premises nor shall any alteration
or addition be made in any such existing wiring, devices, appliances or
equipment without first securing a permit therefor from the department of
building and housing inspection, except as stated in Section 15.24.045.
B. Permits shall be obtained before or at the time work is started, except in
cases where emergency or urgent necessity can be shown to exist, provided
a permit is obtained within twenty-four hours, exclusive of Saturdays,
Sundays and ho1 i days.
c. Permits for pri vately owned conduits or other materi a1 s in and across
streets and all eys may be issued only after approval has been granted by
the director of public works for the installation.
15.24.045. Permits-Not requi red when.
A. No permit shall be required for minor repair work, such as repairing flush
or snap switches, replacing fuses or repairing lamp sockets and
receptacles, providing such work is done in accordance with the provisions
of thi s code.
B. No permit shall be required for the replacement of lamps or the connection
of portable appliances to suitable receptacles which have been permanently
installed.
C. No permit shall be required for the installation, alteration or repair of
wiring, devices, appliances or equipment for the operation of signals or
the transmission of intelligence, not including the control of lighting or
appliance circuits, where such wi ri ng, devi ces, app1 i ances or equ i pment
operate at a voltage not exceeding twenty-five volts between conductors
and do not i ncl ude generating or transforming equipment capabl e of
supplying more than one hundred watts of energy.
D. No permit shall be required for the installation, alteration or repair of
electric wiring, devices, appliances and equipment installed by or for a
public service corporation in the operation of signals of transmission of
i ntell i gence.
E. No permit shall be required for the installation of temporary wiring for
testing electrical apparatus or equipment.
.,
F. The United States, the state, counties, cities, school districts, and
other public agencies shall be exempt from payment of fees.
15.24.050. Permits-App1ication-Contents required.
Application for a permit, describing the work to be done, shall be made in
wri ti ng to the di rector of bui 1 di ng and housing. The appl ication may be
accompanied by such plans, specifications and schedules as may be necessary to
determine whether the installation as described will be in conformity with the
requi rements of thi s code. If it shall be found that the installation as
described will in general conform with the requirements of this code, and if
the applicant has complied with all of the provisions of this code, a permit
for such installation shall be issued; provided, however, that the issuance of
the permit shall not be taken as permission to violate any of the requirements
of thi s code. Applications for permits for electrical installations where the
service capacity exceeds four hundred amperes shall be accompanied by two sets
of el ectri cal 1 i ne drawi ngs and load and di stributi on calcul ati ons showing
service panel and branch panel capaci ti es and 1 ocati ons, servi ce swi tch and
branch switch capacities, conduit and feeder sizes.
15.24.055. Previously Used Materials.
I Previous1y used materials shall not be reused in any work without approval
by the director of building and housing or his authorized deputy.
15.24.060. Fees for permits and inspections.
Fees for processing and i nspecti ng electrical permits shall be as
specified in the Master Fee Schedule.
NOTE: Ampere rate shall apply to the secondary side of the transformer or
transformers.
Rei nspecti ons. A reinspection fee of $15.00 may be assessed for each
i nspecti on or rei nspecti on when such porti on of work for whi ch i nspecti on is
called is not complete or when corrections called for are not made.
This subsection is not to be interpreted as requiring reinspection fees
the first time a jOb is rejected for failure to comply with the requirements
of thi s code, but as controll ing the practi ce of calling for inspections
before the jOb is ready for such inspection or reinspection.
Reinspecti on fees may be assessed when the pennit card is not proper1 y
posted on the work site, the approved plans are not readily available to the
inspector, for fai 1 ure to provi de access on the date for whi ch inspecti on is·
requested, or for deviating from the approved plans.
In instances where rei nspecti on fees have been assessed, no a dditi ona 1
inspection of work will be perfonned until the required fees have been paid.
All moneys received shall be paid into the city treasury and credited to
the general fund.
15.24.065. Pennits-Nu11 and Void when-Period of Validity-Renewal
A. Expiration. Each penni t issued by the buil di ng official under the
provi S; ons of thi s code shall expire by 1 imitat; on and become null and
voi d if the bui 1 di ng or work authori zed by such penni tis not commenced
within 120 days of the date of such permit or if the building or work
authorized by such pennit is suspended or abandoned at any time after the
work is commenced for a peri od of 120 days. Before such work can be
recommended, a new pennit shall be first obtained and the fee shall be
one-half the amount required for a new pennit for such work provided no
cha nge s have been made or will be made in the original plans and
specifications for such work and provided further that such suspension or
abandonment has not exceeded one year.
B. Suspension or Revocation. The Building Official may in writing suspend or
revoke a pennit issued under provisions of this code whenever the pennit
is issued in error on the basi s of incorrect i nfonnati on supp1 i ed or in
violation of any ordinance or regulation or any of the provisions of this
code.
15.24.070. Inspecti ons.
All electrical work for which a pennit is required shall be subject to
inspection by the director of building and housing.
It shall be the duty of the person doing the work authori zed by a pennit
to notify the director of building and housing that such work is ready for
i nspecti on.
It shall be the duty of the person requesting inspection required by this
code to provide access to and means for proper inspection of such work.
The inspector shall have the authori ty to requi re removal of any
obstruction that prevents proper inspection of any electrical work.
15.24.075. Disapproved installations-Notification required-Correction.
If, upon i nspecti on, the installation is not found to be fully in
confonnity with the provisions of this code, the di rector of buil di ng and
housing shall at once notify the person making the installation, stating the
defects which have been found to exist. All defects shall be corrected within
ten days after inspection and notification, or within other reasonable time as
pennitted by the director of building and housing.
15.24.080. Distribution panels-Separate required when.
Each store in a store bui 1 di ng, each fl at in a fl at buil di ng, and each
building used as a dwelling shall be so wired that each store, apartment, flat
or dwelling shall have separate 1 i ght i ng and/or power distribution panel s.
Such panel s $hall not serve other portions of the bui 1 di ng. Hotel s, motel s,
hotel apa rtments and simi 1 ar types of buil di ngs may be wi red from one or more
distribution panels.
15.24.085. Circuit cards to be posted when.
When requested by the director of buil di ng and housing, 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.
15.24.090. Electric fences-Defined-Prohibited.
A. As used herein, the tenn electric fence includes all fences whi ch 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.
15.24.095. Finding and Declaration
The Ci ty Counci 1 of the City of Chula Vi sta speci fi cally and expressly
finds and declares that the nature and uniqueness of the climate, terrain, and
1 ocat; on does necessitate and demand specifi c amendments to the Nati onal
Electric Code 1984 edition which are noted in this chapter. Ord; nance 19.
"
( Ord; nance 1917 §1 (part), 1980: Ordinance 1748 § 1 (part), 1777: Ordinance
1332 § 1 (par.t), 1971: Ordi nance 1111 § 1 (part) , 1968: Ordi nance 779 § 1
(part), 1961:
SECTION II. This ordi nance sha 11 take effect and be in force on the
thirty-first day from and after its passage and approval.
Presented by: Approved as to fonn by:
Eugene J. Grady, Director Thomas J. Harron, City Attorney
Building and Housing
WPC 0042B
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 1201,
DIVISION 3 OF CHAPTER 12 OF THE UNIFORM BUILDING CODE, 1982
EDITION AS ADOPTED BY THE CITY OF CHULA VISTA MUNICIPAL CODE,
CHAPTER 15.08 RELATING TO ONE AND TWO FAMILY DWELLINGS.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That Section 15.08.190 of the Chula Vista Municipal Code is hereby
added by amending Section 1201, Division 3, of the Uniform Building Code, 1982
Edition, to read as follows:
Section 1201, Division 3 amended.
All regulations pertaining to the fabrication, erection, construction, enlarge-
ment, alteration, repair, location and use of detached one and two family dwellings,
their appurtenances and accessory structures are defined in the One and Two Family
Dwelling Code, 1983 Edition, as promulgated by the Council of Building Officials
and published by the International Conference of Building Officials. In the event
of conflict, these retulations supercedes the sections in the Uniform Building Code,
1982 Edition, that pertain to one and two family dwellings.
SECTION II. Finding & 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, location and
environment of the City does necessitate and demand specific amendment to Section
l201, Division 3 of the Uniform Building Code, 1982 Edition.
Presented by: Approved as to form by:
tor of Tom Harron, City Attorney
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BOARD OF APPEALS AND ADVISORS COMMISSION 2/85
BUDGET REQUESTS, FISCAL YEAR 1985-85
ACCOUNT NUMBER DESCRIPTION/ITEM EXPLANATION TOTAL REQUESTED
100-0112-5212 Printing ($60) $ 60
(Printing &
Binding)
100-0112-5218 For 1985-86 ($ 32) + 10% inflationary $ 40
(Postage) amount = $ 40
100-0112-5221 Dinner Workshop (@ $84 x 3) = $250 $ 250
(Travel, Confer-
ences & Meetings) ICBO's 63rd Conference on Education &
Code Development, Bloomington, Minn.
Sept 29 - Oct 4, 1985 - 6 days, 5 nights.
Meals, @ $30 x 6................ $ 180
Lodging, 5 nights x $60......... 300
Registration................... . 230
Air Fare........................ 450
'Miscellaneous $10 x 6........... 60
$1,200 $1,200
$1,450
100-0112-5301 Office Supplies ($110) $ 110
(Office Supplies)
100-0112-5331 UBC, 1985 Edition, @ $43.20 x 1 $ 43
(Books, Pub1ica- UMC, 1985 Edition, @ $27.19 x 7 190
tions & Maps) UPC, 1985 Edition, @ $27.19 x 7 190
$423 $ 420
TOTAL REQUESTS $2,080
SUMMARY:
1984-85 APPROVED 1985-86 REQUESTED 1985-86 APPROVED
5212 $ 60 5212 $ 60 5212 $
5218 120 5218 40 5218
5221 1,150 5221 1,450 5221
5301 110 5301 110 5301
5331 380 5331 423 5331
$1,820 $2, 080