HomeMy WebLinkAbout97-31 - Amending Chapter. 15.02 to the Newport Beach Municipal Code to Adopt the Uniform Administrative Code, 1994 Edition• ORDINANCE NO. 97-31
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER. 15.02 TO THE
NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM
ADMINISTRATIVE CODE, 1994 EDITION
WHEREAS, The City Council has updated Title 15 of the Newport Beach
Municipal Code on 27 November 1995, by adopting the latest editions of the model
codes.
WHEREAS, The 1994 edition of the Uniform Administrative Code was
excluded from that adoption pending the Peat Marwick LLP (I PMG) fee study.
WHEREAS, The City Council adopted a fee resolution to adjust the City fees
for cost recovery purposes on 10 February 1997, and subsequent revision on 14
April 1997.
WHEREAS, The 1991 Edition of the -Uniform Administrative Code is no
longer compatible with the new 1994 Common Code format.
• WHEREAS, Section 19958 of the State of California Health and Safety Code
mandates the City of Newport Beach to enforce the State of California disabled
access regulations.
WHEREAS, Certain provisions of the regulations require ratification
through an appeal process.
WHEREAS, Section 19957.5 of the State of California Health and Safety
Code allows jurisdictions to appoint disabled members to an Appeals Board.
The City Council of the City of Newport Beach DOES ORDAIN as follows:
SECTION 1. Chapter 15.02 of the Newport Beach Municipal Code is adopted
to read:
Chapter 15.02
ADMINISTRATIVE CODE
• 15.02.010 Adoption of the Uniform Administrative Code
The City Council adopts and incorporates by reference, as though set forth in full in
this chapter, the 1994 edition of the "Uniform Administrative Code" as published by
the International Conference of Building Officials, except fees which shall be
Ord 97- 31
• established by Resolution of the City Council, subject to the changes and
modifications set forth in this chapter. The various parts of this Code, along with
the additions, amendments and deletions adopted in this chapter, shall constitute
and be known as the Newport Beach "Administrative" Code. A copy of the 1994
Uniform Administrative Code, printed in code book form, shall be kept on file in the
office of the City Clerk.
15.02.020 Amendment to Section 204 of the. Administrative Code.
Section 204 of the Administrative Code is amended to read:
Sec. 204.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and
interpretations of the technical code, there shall be and is hereby created, a Board
of Appeals consisting of seven (7) members who are qualified by experience and
training to pass upon matters pertaining to building construction and building
service equipment, two (2) of whom shall be physically disabled, and who are not
employees of the City of Newport Beach. The building official shall be an ex officio
member and shall act as secretary to said board but shall have no vote upon any
matter before the board. The Board of Appeals shall be appointed by the City
Council and shall hold office at its pleasure. The board shall adopt rules of
• procedure for conducting its business and shall render all decisions and findings in
writing to the appellant with a duplicate copy to the building official and may
recommend to the City Council such new legislation as is consistent therewith.
204.2 Limitations of Authority. The Board of Appeals shall have no authority to
interpret the administrative provisions of codes; nor shall the board be empowered
to waive requirements of codes.
204.3 Fee for an Appeal Hearing Before the Board of Appeals. The fee for an
appeal hearing before the Board of Appeals shall be as set forth in the City Council
Fee Resolution payable at the time the applicant submits his request for a hearing.
Should the applicant desire to withdraw his request prior to a public hearing, the
Building Official may authorize refunding of up to 80 % of the fee paid.
15.02.030 Amendment to Section 301.2.1.2 of Administrative Code.
Section 301.2.1.2. of the Administrative Code is amended to read:
Fences not over X high above grade.
15.02.035 Amendment to Section 302 of the Administrative Code.
Section 302 of the Administrative Code is amended to read:
• Sec. 302.6 Mechanical Equipment. Applicants for building permits which
include mechanical equipment shall be notified of required compliance with the
community noise limits of the Community Noise Control Ordinance.
Ord 97-31
• Sec. 302.7 Air Conditioning Equipment. New permits for air - conditioners shall
be issued only where installations can be shown by computation, based on the
sound rating of the proposed equipment, not to exceed an A- weighted Sound
Pressure Level of 50 dBA or not to exceed an A- weighted Sound Pressure Level of
55 dBA and be installed with a timing device that will deactivate the equipment
during the hours of 10:00 P.M. to 7:00 A.M. The method of computation used shall
be that specified in "Standard Application of Sound Rated Outdoor Unitary
Equipment ", Standard 275, Air - conditioning and Refrigeration Institute, 1984 or
latest revision thereof.
15.02.040 Amend Section 304 of the Administrative Code.
Section 304 of the Administrative Code is amended to read:
Sec. 304.2 Permit Fees. The fee for each permit shall be as set forth in the City
Council Fee Resolution. Where a technical code has been adopted by the
jurisdiction for which no fee schedule is shown in this code, the fee required shall be
in accordance with the schedule established by the legislative body.
The determination of value or valuation under any of the provisions of these codes
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 other permanent equipment.
Sec. 304.3 Plan Review Fees. When submittal documents are required by
Section 302.2, a plan review fee shall be paid at the time of submitting the
submittal documents for plan review. Said plan review fee shall be as set forth in
the City Council Fee Resolution.
The plan review fees specified in this section are separate fees from the permit fees
specified in Section 304.2 and are in addition to the permit fees.
When submittal documents are incomplete or changed so as to require additional
plan review or when the project involves deferred submittal items as defined in
Section 302.4.2, an additional plan review fee shall be charged as required in the
City Council Fee Resolution.
Sec. 304.5.2 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
payment of such investigation fee shall not exempt an applicant from compliance
with all other provisions of either this code or the technical codes nor from the
penalty prescribed by law.
• 15.02.050 Amendment to Section 305.7 of the Administrative Code.
Section 305.7 of the Administrative Code is amended to read:
Ord 97- 31
Sec. 305.7 Other Inspections.
• 1. In addition to the called inspections specified above, the Building Official may
make or require other inspections of construction work to ascertain compliance
with the provisions of this code or technical codes and other laws which are
enforced by the code enforcement agency.
2. An owner, agent, agency or other authorized person may request a special
inspection to determine the proper use, occupancy, or change in use or character
of occupancy of a building or structure and obtain a code compliance report. The
fee for requested inspections shall be as set forth in the Council Fee Resolution.
15.02.060 Amendment to Section 306.2 to the Administrative Code.
Section 306.2 of the Administrative Code is amended to read:
Sec. 306.2 Approval of Special Inspector: The special inspector shall be a
qualified person approved by the Building Official of the City of Newport Beach or
his/her designated representative. The special inspector shall furnish continuous
inspection on the construction and work requiring his/her employment as prescribed
in the applicable code. The special inspector shall report to the Building Official in
writing, noting all code violations and other information as required on forms,
prescribed or approved by the City of Newport Beach.
• Each person applying for listing /registration as a special inspector for the City of
Newport Beach shall possess a valid certification as a special inspector, issued upon
presentation of evidence of successful completion of testing /examination by a City
approved testing agency, for each classification for which the person is applying.
The Building Official may administer testing procedures which he /she may find
appropriate.
Each person applying for registration as a special inspector for the City of Newport
Beach shall pay a registration fee as set forth in the City Council Fee Resolution,
payable with the application.
A registration card shall be issued to each such special deputy inspector who
qualifies. A renewal fee as set forth in the City Council Fee Resolution for each
classification shall be charged on July 1 of each year thereafter at which time the
special inspector may be subject to re- examination.
The Building Official may, in writing, suspend or revoke any special deputy
inspector's certificate of registration for due cause. This notice shall set forth the
time and place evidence would be submitted to show cause why the certificates of
registration should not be revoked. Failure to appear at such hearing by the special
inspector may result in immediate revocation of said certificates. Special Inspector's
qualification registrations are to be given only Jbr the execution of work done under
• Section 306.1 of the Uniform Administrative Code in the City of Newport Beach or
for work specifically authorized by the Building Official.
Ord 97 -31
15.02.070 Amendment to Section 308.2.
• Section 308.2 of the Administrative Code is amended to read:
Sec. 308.2 Temporary Utility Connections.
1. The Building Official may authorize the temporary connection of the building
service equipment to the source of energy, fuel or power for the purpose of
testing equipment, or for limited use granted under a temporary Certificate of
Occupancy.
2. Fee. The Building Official shall require that a bond, as set forth in the City
Council Fee Resolution, be posted for the temporary energizing of the building's
electrical or gas piping system provided that the inspector finds the system safe
and authorized the connection and that this temporary use shall not exceed 60
days.
Section 2. That if any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase hereof, irrespective of the
• fact that any one or more sections, subsections, sentences, clauses and phrases be
declared unconstitutional.
Section 3. This Ordinance shall be published once in the official newspaper of the
City, and the same shall be effective thirty (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 28th day of .Tuly , 1997, and was adopted
on the 11th day of August , 1997, by the following vote to wit:
ATTEST.•
oil 0 (Y). a
City Clerk
AYES, COUNCIL MEMBERS
O'NEIL, THOMSON, EDWARDS, HEDGES,
GLOVER, NOYES, MAYOR DEBAY
•
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
Mayor
•
•
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk: of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 97 -31 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 11th
day of August, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, and Mayor Debay
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 12th day of August, 1997.
(Seal)
O�U�n��i • N�
City Clerk of the City of
Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH I
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 97 -31 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: August 16, 1997.
In witness whereof, I have hereunto subscribed my name this a�4 day of
1997.
City Clerk of the City of
Newport Beach, California