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HomeMy WebLinkAboutOrd 1989-2341 ORDINANCE NO. 2341 AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALING EXISTING SECTIONS 15.08.010 THROUGH 15.080.200 AND ADOPTING NEW SECTIONS 15.08.010 THROUGH 15.08.180 OF CHAPTER 15.08 OF THE MUNICIPAL CODE OF THE CITY OF CHULA VISTA RELATING TO THE ADOPTION OF THE UNIFORM BUILDING CODE, 1988 EDITION. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That Sections 15.08.010 through 15.080.200 of Chapter 15.08 are hereby repealed, and new sections 15.08.010 through 15.08.130 of Chapter 15.08 of the Chula Vista Municipal Code are hereby adopted to read as follows: Section 15.08.010 Uniform Building Code, 1988 Edition, adopted by reference. There is hereby adopted by reference the Uniform Building Code, 1988 Edition, and Chapters l(division I), 7, 11, 35, 49, and 55 of the Appendix that certain document as copyrighted by the '~nternational Conference of Building Officials. Said document is ereby 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. Providing for the issuance of permits and collection of fees therefor and each and all such regulations, provisions, penalties, conditions and terms of the Uniform Building Code, 1988 Edition, and Chapters l(division I), 11, 35, 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. Section 15.08.020 Section 203 amended by revision of the second paragraph to read: Section 203 UNSAFE BUILDINGS OR STRUCTURES. All such unsafe buildings, structures or appendages are hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the Dangerous Building Code as hereby adopted by the City of Chula Vista. 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, correct or abate the violation. Section 15.08.030 Section 204(a) is amended to read: Section 204(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 matters pertaining 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 a~ 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 Chula Vista. Section 15.08.040. Section 301(b) is amended to read: Section 301(b) EXEMPTED WORK. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, moves improve, remove, convert, or demolish any building or structure in the City of Chula Vista or cause the same to be done without first obtaining a separate building permit for each ouch building or structure from the 'uilding Official except as follows: 1. Fence~ 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 feet from any building or structure on the same property. 4. One-story detached accessory buildings, not exceeding 12 feet in height used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 144 square feet and are located so as to comply with the provisions of CVMC Section 19158.020. 5. Oil Derricks. 6. Movable cases, counters, and partitions not over 5 feet, 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. -2- '- 8 Television and radio antennas less than 35 feet 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. Platforms, 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 containers with a wet surface area of 100 square feet or less and a maximum depth of 18 inches to the flood rim. 15. Repairs which involve only the replacement of component parts of existing work with similar materials for the purpose of 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 requirements shall not include any addition, change, or modification in construction, exit facilities, or permanent fixtures or equipment. Specifically exempted from permit requirements without limit to valuation are: 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. 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. -3- Section 15.08.050 Section 303(a) is amended to read: Section 303(a) ISSUANCE. The application, plans and specifications and other data filed by an applicant for permit shall be reviewed by the Building Official. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the Building Official finds that the work described in an application for a permit and the plans, speoifications and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fees specified in the Master Fee Schedule of the City of Chula Vista have been paid, he shall issue a permit to the applicant. When the Building Official issues the permit where plans are required, he shall endorse in writing or stamp the plans and specifications "APPROVED." Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans. The Building Official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements -of this code. The holder of such permit shall proceed at his own risk ithout assurance that changes to the plans will not be required during the plan check or that the permit for the entire structure will be granted. Section 15.08.060 Sections 304(d) and (f) are amended. Sections (g), (h), and (i) are added. Section 304(d) EXPIRATION OF PLAN REVIEW. Applications for which no permit is issued and on which no action is taken by the applicant within 180 days following the date of application shall expire by limitation and plans submitted for checking 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 180 days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. Section 304(f)4. FEE REFUNDS. Fees paid for microfilming of documents and for Strong Motion Instrumentation are not refundable, The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. Section 304(g) COMPLIANCE SURVEY FEE. The fee for conducting a Jompliance survey of an existing structure shall be $.75 per 100 square feet of floor area or fraction thereof, but not less than $75.00. Secton 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. Section 15.08.070. Section 305(g) is amended. Section 305(h) is added. Section 305(g) REINSPECTION. A re-inspection fee, as prescribed in the City's Master Fee Schedule, may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This subsection is not to be interpreted as requiring re- '~.nspection fees the first time a job is rejected for failure to ~omply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection. Re-inspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. To obtain a re-inspection, the applicant shall file an application in writing upon a form furnished for that purpose and pay the re-inspection fee. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Section 305(h) COMPLIANCE SURVEY INSPECTION. Upon receipt of a written request for a compliance survey from the owner and payment of the fee specified in Section 304(g), 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 his findings in writing to the owner. -5- Section 15.08.080. Section 1206(d) is added to read: Section 1206(d) PROJECTIONS INTO YARDS. Eave and cornices may project into any required yard not more than 40% of the yard width. Unroofed landings, porches and stairs may project into any required yard, provided no portion except for guardrails extends above the floor level of a habitable room and provided further that no such projection shall obstruct a required exitway. Private balconies may extend within 2 feet of the property line providing the balcony is of one hour fire resistive construction or incombustible material. Section 15,080.090. Section 1709(a) Exception 5. is added Section 1709(a) PARAPETS. Parapets shall be provided on all exterior walls of buildings except as follows. 5. Conversion of existing Group R occupancies to offices. Section 15.08.100. Section 3601 is amended by adding subsections (e) and (f). 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 ~batement provisions of Sections 19.68.010 thru 19.68.090 of the Jhula Vista Municipal Code. EXCEPTION; Solar collectors. Does not include structural supporting members. Section 3601(f) 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. Section 15.08.110. Section 3802(b) add number 5. 5. In every building regardless of occupancy, group, or type of construction, when such building is more than 40 feet or four stories or more in height. Section 15.08.120. Section 4407 is amended by adding subsection (e). Section 4407(e) At 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 shall be appropriately posted with no trespassing signs, provided however, hat said requirements shall not apply to single family and multiple family dwellings 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 foot 6 inches or more on such sites shall not be left unattended without substantial temporary covering or barricades. -6- ' Section 15.08.130. Table ~ 44A of chapter 44 is amended Table ~ 44A - Type of Protection Required for Pedestrians Add Footnote 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 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 Building Code, 1988 edition which are noted in the Chula Vista Municipal Code and restated in this ordinance. SECTION III. This ordinance shall take effect and be in force on the thirtieth day from and after its passage and approval. Presented by: Approved as to form by: Kenneth G. Lars~en~ /ThOmas J. H~'~ Building and Housing Dept. City Attorney/ -7- Ordinance No. 2341 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of December, 1989 by the following vote: AYES: Councilmembers: Malcolm, McCandliss, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: Beverly~. 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. 2341 had its first reading on November 21, 1989, and its second reading and adoption at a regular meeting of said City Council held on the 5th day of December, 1989. Executed this 5th day of December, 1989. ~. Authelet, Ci y Clerk