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HomeMy WebLinkAbout1450 - Uniform Building CodeNO. I f 4 5 0 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.04 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM BUILDING CODE, 1970 EDITION The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 15.04 of the Newport Beach Municipal Code is amended to read: "Chapter 15.04 BUILDING CODE S Sections: 15.04.010 Adoption of Uniform Building Code. 15.04.020 Addition of Section 103.5 to the Building Code. 15.04.030 Addition of Section 108 to the Building Code. 15.04.040 Addition,of Section 109 to the Building Code. 15.04.050 Addition of Section 110 to the Building . 15.04.060 Code. Addition of Section 111 to the Building Code. 15.04.070 Amendment to Section 201 of the Building Code. 15.04.080 Amendment to Section 202(d) of the Building Code. 15.04.090 Addition of Section 202(1) to the Building Code. 15.04.100 Amendment to Section 205 of the Building Code. 15.04.110 Amendment to Section 301(a) of the Building Code. 15.04.120 Addition of Sections 301(e) and (f) to the Building Code. 15.04.130 Amendment to Table No. 3 -A of the Building Code. 15.04.140 Addition of Sections 303(c), (d), (e), (f) and (g) to the Building Code. 15.04.150 Addition of Section 305(d) to the Building Code. 15.04.160 Addition of Section 305.1 to the Building Code. 15.04.170 Amendment to Section 306(a) of the Building Code. 15.04.180 Addition of Section 307 to the Building Code. 15.04.190 Addition of Section 308 to the Building Code. S • 15.04.200 Amendment to Table 5 -A of the Building 15.04.010 Adoption of Uniform Building Code. Subject to the particular additions, deletions and amendments herein- after set forth in this Chapter, the rules, regulations, pro- visions and conditions set forth in that certain Code entitled 'Uniform Building Code, 1970 Edition, Volume 1' and 'Uniform Building Code Standards, 1970 Edition' respectively, published by the International Conference of Building Officials, and the whole thereof, including the appendix thereto, three full printed copies of which, printed as a Code in book form, were by the City Council ordered filed and which have been actually filed in the office of the City Clerk and which, as so on file are hereby referred to, adopted and made a part hereof as fully and for all intents and purposes as though set forth herein at length, shall be and the same are hereby established and adopted as the rules, regulations, provisions and condi- tions to be observed and followed in the erection, construc- tion, enlargement, alteration, repair, moving, removal, demoli- tion, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures in the City pro- viding for issuance of permits and collection of fees therefor; providing penalties for violation of such Code; declaring and establishing fire zones, except as in this Code modified, amended or otherwise changed; and subject to said additions, deletions and amendments hereinafter set forth, said Code is hereby established and adopted and the same shall be designated, known and referred to as the 'Building Code' of and for the City of Newport Beach. 15.04.020 Addition of Section 103.5 to the Building Code. Section 103.5 is added to the Building Code, hereinbe- fore adopted in Section 15.04.010, to read: 'Sec. 103.5 Con, All construction work Newport Bay, or other flows is regulated by son shall do any such provisions thereof.' 5truction in, on or over water. in, on or over the Pacific Ocean, water in which the tide ebbs and Title 17 of this Code. No per - work without complying with the 15.04.030 Addition of Section 108 to the Building Code. Section 108 is added to the Building Code, hereinbe- fore adopted in Section 15.04.010, to read: 'Sec. 108 Trailer Use and Occupancy. A. Location Restricted to Parks. No person shall place, stand, locate or park any occupied automobile -2- Code. 15.04.210 Amendment to Section 1501 of the Building Code. 15.04.220 Amendment to Section 1506 of the Building Code. 15.04.230 Addition of Section 1507 to the Building Code. 15.04.240 Addition of Subsections 10, 11 and 12 of Section 3802(b) to the Building Code. 15.04.250 Amendment to Section 4706(e) of the Building Code. 15:04.260 Amendment to Chapter 49 - Appendix of the Building Code. 15.04.010 Adoption of Uniform Building Code. Subject to the particular additions, deletions and amendments herein- after set forth in this Chapter, the rules, regulations, pro- visions and conditions set forth in that certain Code entitled 'Uniform Building Code, 1970 Edition, Volume 1' and 'Uniform Building Code Standards, 1970 Edition' respectively, published by the International Conference of Building Officials, and the whole thereof, including the appendix thereto, three full printed copies of which, printed as a Code in book form, were by the City Council ordered filed and which have been actually filed in the office of the City Clerk and which, as so on file are hereby referred to, adopted and made a part hereof as fully and for all intents and purposes as though set forth herein at length, shall be and the same are hereby established and adopted as the rules, regulations, provisions and condi- tions to be observed and followed in the erection, construc- tion, enlargement, alteration, repair, moving, removal, demoli- tion, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and structures in the City pro- viding for issuance of permits and collection of fees therefor; providing penalties for violation of such Code; declaring and establishing fire zones, except as in this Code modified, amended or otherwise changed; and subject to said additions, deletions and amendments hereinafter set forth, said Code is hereby established and adopted and the same shall be designated, known and referred to as the 'Building Code' of and for the City of Newport Beach. 15.04.020 Addition of Section 103.5 to the Building Code. Section 103.5 is added to the Building Code, hereinbe- fore adopted in Section 15.04.010, to read: 'Sec. 103.5 Con, All construction work Newport Bay, or other flows is regulated by son shall do any such provisions thereof.' 5truction in, on or over water. in, on or over the Pacific Ocean, water in which the tide ebbs and Title 17 of this Code. No per - work without complying with the 15.04.030 Addition of Section 108 to the Building Code. Section 108 is added to the Building Code, hereinbe- fore adopted in Section 15.04.010, to read: 'Sec. 108 Trailer Use and Occupancy. A. Location Restricted to Parks. No person shall place, stand, locate or park any occupied automobile -2- trailer, house trailer, mobile home, camper, or other type of vehicle designed for human habitation any place within the City of Newport Beach except in a trailer park or mobile home park operating under a current permit issued pursuant to Parts 2 and 2.1, Division 13, of the Health and Safety Code of the State of California. B. Use and Occupancy. No person shall use or occupy or permit the use of occupancy of any auto- mobile trailer, house trailer, mobile home, camper, or similar vehicle owned by him or under his control for any residential or business purpose at a fixed location within the City of Newport Beach other than within a trailer park or mobile home park operating under a current permit issued pursuant to Parts 2 and 2.1, Division 13, of the Health and Safety Code of the State of California. C. Temporary Construction Use. Notwithstanding the provisions of Subsections A and B of this section, an automobile trailer, house trailer, mobile home, camper, or similar vehicle may be located, occupied and used on premises in the City where construction work is in progress for the purpose of a construction office or for temporary lodging in connection with the construc- tion work. Any person seeking such use or occupancy shall apply for a permit therefor from the Building Of- ficial. Such permit shall be issued only when the use and occupancy comply with other provisions of this Code and upon a determination by the Building Official that . under the circumstances of the particular case, the proposed use or occupancy will not adversely affect the health, peace, comfort, morals, or welfare of the pro- posed occupants or the public. Such permit shall be revocable upon a determination by the Building Official that the actual use does adversely affect the health, peace, comfort, morals or welfare of the occupants or the public. Revocation shall be effected by the Building Official only after five (5) days' written notice to the permittee and an opportunity for the permittee to be heard. Notice may be by ordinary mail to the last known address of the permittee. Any aggrieved person may ap- peal any decision of the Building Official to grant, deny or revoke a permit to the City Council. The City Council shall decide the matter after the permittee and person appealing have had an opportunity to be heard before the City Council. Notice of the date the matter shall be heard by the City Council shall be given in writing to the permittee and the person appealing. Notice may be by ordinary mail to the last known address of each. D. Minimum Trailer Ground Area. The minimum area of ground that must be provided in a trailer park or mobile home park in the City of Newport Beach for the exclusive use of each house trailer, mobile home or unit and it appurtenances, is 875 square feet.' 15.04.040 Addition of Section 109 to the Building Code. Section 109 is added to the Building Code, herein - before adopted in Section 15.04.010, to read: -3- `Sec. 109 Work Exempted. The following structures are exempted from all provisions of this Code except those contained in Chapter 45. 1. Fences not over three feet (3') high. 2. Steel tanks, and their supporting structures, if not upon a building, if no portion is more than five feet (5') above the ground, if the capacity does not exceed one thousand gallons (1,000 gal.) and the height does not exceed 1 -1/2 times the diameter. 3. Retaining walls which are less than three feet (3') in height measured from the undisturbed surface of the ground adjacent to the wall on the lower side of the wall to the top of the wall unless supporting a surcharge or impounding flammable liquids.' 15.04.050 Addition of Section 110 t Code. Section 110 is added to the Buildinc fore adopted in Section 15.04.010, to read: 'Sec. 110 Dwelling Floor Area. No building permit shall be issued for, and no person shall erect, construct or move into the City, any dwelling unit which contains less than 600 square feet of floor area. In computing the floor area, garage space shall not be included therein.' 15.04.060 Addition of Section 111 to the Building Code. Section 111 is added to the Building Code, hereinbe- fore adopted in Section 15.04.010, to read: 'Sec. 111 Chemical Toilets for Construction Work. No person shall begin any construction project of any ki in the City without first providing one chemical toilet equipped with a seat and cover and a separate urinal, complying with the provisions of this section, on the site of the construction for the first fifteen (15) employees or part thereof and one for each additional fifteen (15) or part thereof. Each toilet structure must be enclosed on the top and all sides, screened, ventilated and equipped with a self - closing door. The structure housing such toilet or toilets must have an inside area of 15 square feet for each toilet, a mini- mum ceiling height of 6 feet 6 inches, and a smooth floor not less than 6.inches above ground level. All facilities must be above ground level. All facilities must be kept clean and sanitary and supplied with toilet paper. All such facilities must be pumped out and re- charged with a nonirritating chemical frequently enough to prevent odors or overflowing. All facilities re- quired herein must be maintained during the period of construction. The Building Official may specify the location of the structure or structures on the construc- tion site to assure its availability to employees and to make it less offensive to occupants of surrounding property.' 15.04.070 Amendment to Section 201 of the Building Code. Section 201 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 7E 'Sec. 201. There is hereby established in the City the Building Division of the Community Development De- partment. The Building Division shall be under the jurisdiction of the Building Division Supervisor who is • also designated as the Building Official. The Building Official shall be under the authority and subject to the decisions of the Community Development Department Director.' 15.04.080 Amendment to Section 202(d) of the Building Code. Section 202(d) of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: Sec. 202 Powers and Duties of Building Official '(d) Right of Entry. 1. The Building Official, or his duly autho- rized respresentative, shall have the authority to enter any building or premises for the purpose of investigating the existence of suspected or reported damage or defects which constitute an immediate danger to human life or an immediate hazard to public safety or health. 2. Except in emergency situations as defined in Section 202(d) 1 of this Code, the Building Official, or his authorized representative, shall not enter any building or premises without the consent of the owner or occupant thereof,.unless he possesses a valid search warrant authorizing entry and search of the premises. • 3. No person shall hinder or prevent the Building Official or his authorized representative, while in the performance of the duties hereinbefore described as emergency situations or while in possession of a valid search warrant from entering upon and into any and all premises under his jurisdiction, at all reasonable hours, for the purpose of inspecting the same to determine whether or not the provisions of this Code and all other applicable laws or ordinances pertaining to the protection of persons or property, are observed therein.' 15.04.090 Addition of Section 202(1) to the Buildin Code. Section 202(i_) is added to the Building Code, herein - before adopted in Section 15.04.010, to read: Sec. 202 Powers and Duties of Building Official '(i) Relocation. Existing residential buildings which are moved or relocated shall be considered as new buildings and shall comply with all the require- ments of Chapter 15.04.,of Title 15 of the Newport Beach Municipal Code.' 15.04.100 Amendment to Section 205 of the Building Code. Section 205 of the Building Code, hereinbefore adoF in Section 15.04.010, is amended to read: 'Sec. 205 Violations and Penalties. Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine -5- • 11 not to exceed Five Hundred Dollars ($500) or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both such fine and imprisonment. Each separate day or any portion thereof during.which any violation of this Code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the pro- visions of this Code shall be valid, except insofar as the work or use which it authorizes is lawful. The issuance or granting of a permit or approval of plans shall not prevent the Building Official from thereafter requiring the correction of errors in plans and specifications or from preventing construction operations being carried on thereunder when in violation of this Code or of any other ordinance or from revoking any Certif- icate of Approval when issued in error.' 15.04.110 Amendment to Section 301(a) of the Building Code. Section 301(a) of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: Sec. 301 Application for Permits ''(a) Permits Required. No person, firm, or cor- poration shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the city,,or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the Building Of- ficial. EXCEPTION: A single permit may be issued for a dwelling and one accessory building of one -story construction, not over 600 square feet in area, and on the same property.' 15.04.120 Addition of Section 301(e) and (f) to the Building Code. Subsections (e) and (f) of Section 301 are added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: Sec. 301 Application for Permits '(e) Standard Plans. The Building Official may approve a set of plans for a building or structure as a "standard plan," provided the applicant has made proper application, submitted complete sets of plans, and paid the plan- checking fees as required by Sub- section (c) of this Section and Subsection (b) of Section 303. • When it is desired to use an approved "standard plan" for an identical structure, two plot plans and one duplicate plan shall be submitted, and a full plan - checking fee required by Subsection (b) of Section 303 shall be paid at the time application is made for such identical structure. Such duplicate plans shall be compared, stamped, and kept on the job as required by Subsection (b) of Section 302. Standard plans shall be valid for a period of one year from date of approval. This period may be extended by the Building Official when there is evidence that the plan may be used again. (f) Permit for Lathinq, Plasterinq and Drywall Installation. No person shall do any lathing and plas- tering, or any drywall installation, in or upon any building or structure where the amount of such work is more than 20 square yards without first obtaining a permit for such work from the Building Official. A separate permit shall be obtained for each building on which such work is to be done.' 15.04.130 Amendment to Table No. 3 -A of the Building Code. Table No. 3 -A of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: TABLE NO. 3 -A -- BUILDING PERMIT FEES Total Valuation $1.00 to $500.00 $501.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 Fee $6.00 $6.00 for the first $500.00 plus $1.20 for each additional $100.00 or fraction thereof, to and including $2,000.00 $24.00 for the first $2,000.00 plus $3.60 for each additional thousand or fraction thereof, to and including $25,000.00 $106.80 for the first $25,000.00 plus $3.00 for each additional thousand or fraction thereof, to and including $50,000.00 $181.80 for the first $50,000.00 plus $1.80 for each additional thousand or fraction thereof, to and including $100,000.00 $100,001.00 and up $271.80 for the first $100,000.00 plus $1.20 for each additional thousand or fraction thereof. -7- 15.04.140 Addition of Section 303 (c), (d), (e), (f), and (.q! to the Biildin Code. Subsections (c), (d), (e , (f an 5 of Section 303 are added to the Building Code, hereinbefore adopted,in Section 15.04.010, to read: Sec. 303 Fees °(c) Additional Plan - checking Fees. When changes are made to previously submitted plans, an additional plan- checking fee shall be paid to the Building Official based upon the construction valuation of the planned change or redesign. in establishing said fee, no al- lowance for a decreased valuation shall be permitted due to the replacement, omission, or lessening of any member of portion of the building shown in the original plans. Said fee may be waived when in the opinion of the Building Official the additional fee is not war- ranted. No additional fees shall be charged for checking corrections required by the Building Official. (d) Other Fees. For any inspection or investiga- tion of any use,.occupancy, change in use or occupancy, and building or _structure or any other work not other- wise covered herein by any Newport Beach City Ordinance which is requested by any owner, agent, agency or other person .....$20.00. Whenever any work for which a permit is required under the provisions of this Code has been commenced, constructed or completed without the authorization of such permit, a special investigation may be required before a permit will be issued for such work in order to determine whether the work done complied with Code requirements. In addition to the regular permit fees, an investigation fee of $30.00 shall be collected where such investigation is found to be necessary. No permit shall be issued when an investigation fee is due until such fee has been paid. The payment of the investigation fee shall not exempt any person from compliance with the provisions of this Code nor from any penalty prescribed by law. The provisions of this section shall not apply to emergency work when it shall be proved to the satisfac- tion of the Building Official that such work was urgently required and that it was not practical to obtain a per- mit therefor before the commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and any work which has been con- cealed shall be exposed for inspection if such inspection is necessary. If there is an unreasonable delay in ob- taining such a permit, an investigation fee as herein provided shall be charged. Reinspection Fee. Five Dollars ($5.00) per inspec- tion may be charged for additional inspections necessary as a result of faulty workmanship or material or for any ' inspection requested before the work to be inspected has been completed and made ready for inspection. Notice of completion of the work or of correcting faulty workmanship or material shall be given the Building Official and reinspection requested. 'a (e) Permit Fees for Lathing, Plastering and Dry- wall Installation. The fees to be paid for the issuance of a permit for lathing and plastering, and for drywall installation shall be as follows: Amount of Work Fee 20 square yards or less No fee Up to 200 square yards $ 2.00 Up to 1,000 square yards $ 2.00 plus one cent (1¢) per square yard for each square yard in excess of 200. Up to 3,000 square yards $10.00 plus one -half cent (1/2¢) per square yard in excess of 1,000. Over 3,000 square yards $20.00 plus one- quarter cent (114)6) per square yard in excess of 3,000. (f) Surrender of Permit. if no portion of the work or construction covered by a permit issued by the Building Official under the provisions of this Code has been com- menced, the person to whom such permit has been issued may deliver such permit to the Building Official with a request that such permit be canceled. The Building Of- ficial shall thereupon stamp or write on the face of such permit the words "Canceled at the request of the Permit - tee." Thereupon such permit shall be null and void and of no effect. (g) Refunds. in the event that any person shall have obtained a building permit and no portion of the work or construction covered by such permit shall have been commenced and such permit shall have been canceled either as provided for in Subsection (d) of Section 302 or Subsection (f) of this section, the permittee upon presentation to said Building Official of a request therefor, in writing on a special form, shall be en- titled to a refund in an amount equal to 80 percent of the permit fee actually paid for such permit. The Building Official shall make no refunds on fees col- lected amounting to Six Dollars ($6.00) or less. The Building Official shall satisfy himself as to the right of such applicant to such refund and each such refund shall be paid as provided by law for the payment of claims against the City. No portion of the plan- checking fee shall be re- funded, unless no checking has been performed on a set of plans, in which case 80 percent of the plan- checking fee shall be refunded.' 15.04.150 Addition of Section 305(d) to the Building Code. Subsection (d) of Section 305 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: ' Sec. 305 Special Inspections '(d) Structural Inspection - Concrete. During the construction of all buildings over 160 feet in height MM with concrete ductile moment resisting space frames, a structural inspector under the supervision of the engineer responsible for the structural design, shall be present to inspect the materials and workmanship for conformance with approved plans, specifications, and change orders involved in construction of the duc- tile frames and shear walls. Such inspection may be made by one or more structural inspectors provided that at least one structural inspector is present during the placement of all reinforcement and concrete in the structural frame and shear walls. The number of structural inspectors to be provided for each structure shall be determined by the engineer responsible for the structural design, provided that more than one structural inspector shall be provided where the magnitude of a structure prevents a single inspector from adequately performing the inspection. The owner shall provide for each structural inspec- tor. Each structural inspector shall be paid by the owner directly or through the person responsible for the structural design. Each structural inspector shall be responsible to the person who prepared the structural design. The inspection by the structural inspector or inspec- tors shall be in addition to inspections made by the Building Official as specified in Section 304 and by special inspectors as specified for other parts of the work in Section 305. Prior to the issuance of the Certificate of Oc- cupancy each structural inspector shall submit a report in writing to the engineer and the department certifying that the portions of the structural frame inspected by him were constructed in accordance with the approved plans, specifications, change orders, and Chapter 26 of the Code. For buildings exceeding 160 feet in height the en- gineer responsible for the structural design, and the general contractor responsible for the construction, or their competent authorized representatives, shall make periodic inspections of the work at the site to verify general compliance with the approved plans, specifications and change orders. The engineer and general contractor shall submit a statement in writing to the Building Of- ficial stating that they know from personal knowledge that the materials installed and the structural work per- formed are in compliance with the approved plans, specifi- cations and change orders. The phrase "personal knowledge" as used above in reference to the engineer and general contractor is in- terpreted to mean the personal knowledge which is the result of such general observation by the engineer and general supervision by the contractor of the work as is required of and accepted from both the engineer and general contractor in the superintendence of construc- tion of the building and as distinguished from the continuous personal superintendence of the special inspector and /or deputy inspector who are continuously -10- at the site during the progress of the work. The exercise of reasonable diligence to obtain the facts is required and anyone who intentionally remains ig- norant may be charged with knowledge. The interpre- tation of "personal knowledge" as it applies to the special inspector and /or deputy inspector is that he/ they must have actual personal knowledge that the re- quirements of the plans and specifications are being carried out, obtained by his /their continuous observa- tion of the work of construction at the site in all stages of its progress.° 15.04.160 Addition of Section 305.1 to the Building Code. Section 305.1 is added to the Building Code, herein - before adopted in Section 15,04.010, to read: 'Sec. 305.1 Structural Inspectors. (a) Qualifications. Each structural inspector selected by the engineer shall have at least five years' experience in the design or inspection of re- inforced concrete buildings, shall have a thorough knowledge of the quality control of concrete and placement, and shall be able to interpret the struc- tural drawings and specifications. The Building Of- ficial shall be notified in writing of each selection by the engineer. (b) Acceptance. Each structural inspector se- lected by the engineer to perform the inspection shall make application to the Building Official for acceptance. The Building Official shall examine each applicant and his experience record to confirm his qualifications to perform the structural inspections required by Section 305 of this Code and shall notify the engineer as to the acceptability of each applicant. Approval granted by the Building Official shall be effective until the issuance of the Certificate of Occupancy. (c) Duties. The structural inspector or inspec- tors required by Section 305 shall perform continuous inspection on the quality and placement of all concrete and reinforcement in the structural frame of the building. The structural inspector present shall not permit con- crete to be placed in the forms until all preparations for its placement are complete, including preparation of surfaces, and accurate positioning of reinforcement and forms. Each structural inspector shall immediately report to the engineer and the Building Official all devia- tions observed by him from the structural drawings, specifications and the requirements of the Code. At the conclusion of his duties on the project, he shall submit a report as required in Section 305. Where a single structural inspector has been ap- proved by the Building Official for a structure, and where, in the opinion of the Building Official, such structural inspector is negligent in the performance of his duties, or in the event that he is absent from the job during the placement of reinforcement or con- crete, the job shall be suspended until another -11- 1] structural inspector has been approved for the job by the Building Official.' 15.04.170 Amendment to Section 306(a) of the Building Code. Section 306(a) of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: Sec. 306 Certificate of Occupancy '(a) Use or Occupancy. No building or structure shall be used or occupied, nor shall such building or structure be connected with permanent utility services until the Building Official has determined the compliance with this Code, all other applicable ordinances and laws, and the conditions of the building permit, and has autho- rized occupancy of such building or structure. No existing commercial or industrial building whose electrical service has been disconnected shall be re- connected with permanent electrical service until the Building Official has determined compliance with this Code and all other applicable ordinances and laws and has authorized occupancy of such building or structure. The owner /occupant shall be responsible for complying with this requirement.' 15.04.180 Addition of Section 307 to the Building Code. Section 307 is added to the Building Code, herein - before adopted in Section 15.04.010, to read: 'Sec. 307 Prohibited Uses of Building Sites. (a) Flood Hazard. Buildings housing occupancies classified as A, B, C, D, H or I are not permitted in an area determined by the City Engineer to be subject to flood hazard by reason of inundation, overflow or erosion. This prohibition shall not apply when provi- sion.is made to eliminate such hazard to the satisfac- tion of the City Engineer by providing adequate drainage facilities, by protective walls, by suitable fill, by raising the floor level of the building, by a combination of these methods or_,by other means. (b) Conditional Use. Work required by this section as a condition for the use of the site shall be performed prior to the connection of the utilities or occupancy of the building.' 15.04.190 Addition of Section 308 to th Code. Section 308 is added to the Building Co before adopted in Section 15.04.010, to read: 'Sec. 308 Geological Engineering Reports. The Building Official may require a geological or engineering report, or both, where in his opinion such reports are essential for the evaluation of the safety of the site. A geological report shall be prepared by an engineering geologist. The report shall contain a finding regarding the safety of the building site for the proposed struc- ture against hazard from landslide, settlement or slip- page. An engineering report shall be prepared by an engineer experienced in soil mechanics. When both a geological and an engineering report are required for -12- the evaluation of the safety of a building site, the two reports shall be coordinated before submission to the Building Official.' :• 15.04.200 Amendment to Table 5 -A of the Building Code. Table 5 -A of the Building Code, hereinbefore adopt in Section 15.04.010, is amended to change the description of occupancy Class 2, Group -J only. All other portions of Table 5 -A not hereinafter specifically amended shall be adopted as published. 'Group -J. Description of Property - Class 2. Fences over three (3) feet in height and higher, tanks, and towers.' 15.04.210 Amendment to Section 1501 of the Buildi Code. Section 1501 of the Building Code, hereinbefore a in Section 15.04.010, is amended to read: 'Sec. 1501. Group -J Occupancies shall be: Division 1. Private garages, carports, sheds, and agricultural buildings. Division 2. Fences over three feet (3') high, tanks, and towers.' ed 15.04.220 Amendment to Section 1506 of the Building Code. Section 1506 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'Sec. 1506, in areas where motor vehicles are stored or operated, floor surfaces shall be of noncombustible materials.' 15.04.230 Addition of Section 1507 to the Build Code. Section 1507 is added to the Building Code, her adopted in Section 15.04.010: 'Sec. 1507- Fencing Required. Every swimming pool, pond, or other body of water eighteen (18) inches or more in depty at any point shall be surrounded by a fence or wall not less than five (5) feet above the adjacent exterior grade. Such fence or wall shall be constructed and maintained with no open- ings nor projections which could serve as a means to scale same. Openings between vertical members shall be no wider than five (5) inches and horizontal members, accessible from the exterior, shall be no closer than 48 inches. There shall be sufficient distance from any structure, shrubbery, or grade which could be used to scale the fence or wall. Chain link fence is not ap- rp oved. Gates and doors opening through such enclosures shall be self - closing and self - latching with release five (5) feet above exterior grade or so located on the pool side as to prevent release from the exterior. EXCEPTION NO. 1: Doors opening into a dwelling or apartment. -13- EXCEPTION NO. 2: When approved by the Building Official, municipal or public school operated pools or ponds when under continuous supervision while gates or doors are unlocked. • Except for single family residences, the fence or walls shall be so located as to allow access to all living units without entering the pool enclosure. The fence or walls shall serve to isolate the pool from other activities or structures and shall be located within fifty (50) feet of the pool. Gates in such enclosures enclosures shall be located in view of the pool. A building wall with no doors or openable, un- screened windows with sills under five (5) feet in height, may be used as part of such pool enclosures when within the specified distance of the pool. EXCEPTION: When approved by the Building Official, such enclosures may include sunshade, toilet, or shower structures wheich are used only in conjunction with the pool., 15.04.240 Addition of Subsections 10, 11 and 12 of Section 3802(b) to the Building Code. Subsections 10, 11 and 12 of Section 3802(b are added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: '10. In all H Occupancies when the floor area above the 2nd floor, regardless of area separation walls, exceeds 5,000 square feet; however, the in- crease for area specified in Section 506(c) shall be permitted. 11. In all occupanies when the floor area, regardless of area separation walls, exceeds the basic allowable floor area of Table No. 5 -C; how- ever, the respective increases for area and height specified in Sections 506 and 507 shall be premitted. 12. In all occupanies when the building has usable floor area that is more than 55 feet above grade; how- ever, the respective increase for area and height specified in Sections 506 and 507 shall be permitted,' 15.04.250 Amendment to Section 4706(e) of Code. Section 4706(e) of the Building Code, her adopted in Section 15.04,-010, is amended to read: Sec..4706 Exterior Lath. '(e) Application of Metal Plaster Bases. The ap- plication of metal lath or wire lath shall be as specified in Section 4705(c) and they shall be furred out from ver- tical supports or backing not less than one - fourth inch (1/44 ") except as set forth in footnote No. 2, Table No. 47 -B. Where no external corner reinforcement is used, lath shall be furred out and carried around corners at least one support on frame construction. Lath shall be carried down over the foundations at least two inches (2 "). -14- A stucco foundation weep screed of not less than 26 gauge corrosion - resistant metal shall be provided at the foundation plate line on all exterior walls constructed on concrete slabs at grade. The screed shall be of a type which will allow trapped water to drain to the exterior of the building. The screed shall provide for a minimum two inch lap of the building paper.' 15.04.260 Amendment to Chapter 49 - Appendix of the Building Code. Chapter 49 - Appendix of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'Sec. 4901 Patio covers are.one story roof structures which shall not exceed 12 feet in height. Patio covers shall be open on one or more sides for a clear height of not less than 6 feet 8 inches between the floor and the soffit of supporting members. Where two sides are open, such open sides may be partially closed by solid walls which are not more than 30 inches in height above the patio floor and the remaining sides may be totally enclosed. Open sides shall not be covered with any materials which would obstruct the free passage of light and air. Patio covers may be detached or attached to other buildings as accessories to Group J, Group I or to single dewlling units in Group H occupancies. Patio covers shall be used only for recreational, outdoor 10 living purposes and not as carports, garages, storage rooms or habitable rooms. EXCEPTION: Open sides may be closed with insect screening and plastic which shall be readily removable translucent or readily removable transparent flexible plastic screening of not more than 20 mils thickness. Sec. 4902 Patio covers shall be designed and constructed to sustain, within the stress limits of this Code, all dead loads plus a minimum vertical live load of 10 pounds per square foot except that snow loads shall be used where such snow loads exceed this minimum. Such covers shall be designed to resist the minimum horizontal wind loads set forth in this Code, except that where less than 12 feet high the horizontal wind load shall be as indicated in Table No. 49 -A. In addition, they shall be designed to support a minimum wind uplift equal to the horizontal wind load acting vertical upward normal to the roof surface, except that for structures not more than 10 feet above grade the uplift may be three - fourths of the horizontal wind load. When enclosed with insect screening or plastic which shall be readily removable translucent or readily removable �. transparent flexible plastic screening of not more than 20 mils thickness, wind loads shall be applied to the structure assuming it is fully enclosed. -15- • Sec. 4903 Where required windows open into a patio cover, the requirements of Sections 1305 and 1405 shall apply. co.. AonA A patio cover may be supported on a concrete slab on grade without footings provided the slab is not less than 3 -1/2 inches thick and further provided that the columns do not support live and dead loads in excess of 750 pounds per column. TABLE NO. 49 -A - DESIGN WIND PRESSURES FOR PATIO COVERSI HEIGHT ZONE IN FEET WIND PRESSURE - MAP AREAS (Pounds per S .Ft.) 20 25 30 35 40 45 50 Less than 12 10 13 17 17 30 23 27 1See Figure No. 1 in Chapter 23 for the Wind Pressure Map (page 131). " SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 26th day of June , 1972, and was adopted on the 24th day of July 1972, by the following vote, to wit: ATTEST: F' City Clerk CERTIFIED AS THE ORIGINAL AND CERTIFIEDAS TO PUBLICATION Jl)L 2 7 1912 _�..a�J..C.3_F... ... ..... __.._... . MY CLERK OF THE CITY OF 5niT BEACH AYES, COUNCILMEN: McInnis, Rogers, Croul, Dostal, Ryckoff, Store NOES, COUNCILMEN: None ABSENT COUNCILMEN: Kymla Mayor -16- DRB dm 6/20/72