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HomeMy WebLinkAbout1279 - Uniform Housing CodeTLW: a j r 9/10/68 • • • ORDINANCE NO. 2 2 7 9 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 15.06 TO TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR A UNIFORM HOUSING CODE The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 15.06 is added to the Newport Beach Municipal Code to read: "Chapter 15.06 HOUSING CODE Sections: 15.06.010 Adoption of Uniform Building Code, Vol. III - Housing. 15.06.020 Addition of Section H -104 to the Housing Code. 15.06.030 Deletion of Chapter 10 from the Housing Code. 15.06.040 Deletion of Appendix from the Housing Code. 15.06.050 Amendment to Section H- 103(c) of the Housing Code. 15.06.060 Amendment to Section H- 201(b) of the Housing Code. 15.06.070 Amendment to Section H -401 of the Housing Code. 15.06.080 Amendment to Section H- 501(a) of the Housing Code. 15.06.090 Amendment to Section H- 501(b) of the Housing Code. 15.06.100 Amendment to Section H- 502(b) of the Housing Code. 15.06.110 Amendment to Section H- 502(d) of the Housing Code. 15.06.120 Amendment to Section H- 503(a) of the Housing Code. 15.06.130 Amendment to Section H -504 of the Housing Code. 15.06.140 Amendment to Section H- 505(e) of the Housing Code. 15.06.150 Amendment to Section H- 701(b) of the Housing Code. 15.06.160 Amendment to Section H -204 of the Housing Code. 15.06.010 Adoption of Uniform Building Code - Vol. iii - Housing. Subject to the particular aaaltions, aeieuions ana amendments hereinafter set forth in this Chapter, the rules, regulations, provisions and conditions set forth in that certain Code, entitled 'Uniform Building Code, Volume III - Housing, 1967 Edition', which Code is promulgated and published by the International Conference of Building Officials (a private association which has been in existence for a period of more than three years last past), 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 conditions to be observed and followed in the erection, construction, enlargement, alteration, repair, maintenance, moving, improving, remodeling, conversion, demolition and occupancy of all buildings or portions thereof used, designed or intended to be used for human habitation, within the City; 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 'Housing Code' of and for the City of Newport Beach. 15.06.020 Addition of Section H -104 to the Housi Code Section H- is added to the Housing Code, erein a ore Code in Section 15.06.010, to ready 'Sec. H -104. All references to the "Mayor and Counci contained within the Housing Code shall mean the Mayor and City Council of the City of Newport Beach. All references to the "City" shall mean the incorporated area of the City of Newport Beach. The provisions of the Housing Code of the City of Newport Beach shall apply to and affect all of the incorporated territory of Newport Beach, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this Code, hydraulic floor control structures, facilities for the production, generation, storage or transmission of water or electrical energy by a local agency, and the buildings and structures of administration and instruction of public schools.' 15.06.030 Deletion of Chapter 10 from the Housing Code. • Chapter 10, entitled Substandard Buildings', is hereby deleted from the Housing Code, hereinbefore adopted in Section 15.06.010. 15.06.040 Deletion of Appendix from the Housin Code. The appendix, consisting solely o cross -re erences to t e Uniform Building Code, Volume I, is hereby deleted from the Housing Code, hereinbefore adopted in Section 15.06.010. 15.06.050 Amendment to Section H-103(c) of the Housi Code. Section H -10 c of the Housing Code, ereinbefore aXo—pted in Section 15.06.010 is amended to read. Sec. H -103 • '(c) Relocation. Existing residential buildings which are mover or 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. No building permit shall be issued for, and no person shall erect, construct or or move into the City, any dwelling which contains less than 600 square feet of floor area on at least one floor thereof; and in computing the area, garage space shall not be included therein.' 15.06.060 Amendment to Section H-201(b) of Code. Section H-201 TS) of the Housing Code, her adopted in Section 15.06.010 is amended to read: 2. Sec. H -201 a(b) Right of Entry. • (1) The Building Official, or his duly authorized representative, 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 Sec, H -201 (b) (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 possess a reasonable search warrant authorizing entry and search of the premises. (3) No person shall hinder or prevent the Building Official or his authorized representative, 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.' 150060070 Amendment to Section H -401 of the HousinR Gode • Section H- 0 of t e Housing Code, herein a ore adopted in Section 150060010 is amended to change the definitions of the following terms only. All words, phrases or terms not herein- after defined by amendment, shall have the same meaning as set forth in Section H -401. Sec. H -401 'FAMILY. Family is an individual or two or more persons related by blood, marriage or adoption or a group of not more than five persons who are not related by blood, marriage or adoption or a combined group of related and unrelated persons where the number of unrelated persons does not exceed five living together as a single housekeeping unit in a dwelling units GRADE (ADJACENT GROUND ELEVATION). Grade (Adjacent Ground Elevation) is the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet (5 ®) distant from said wall, or the lowest point of elevation of the finished surface of the ground if it is less than five feet (5 ®) distant from said walls In case walls are parallel to and within five feet (5 °) of a public sidewalk, alley or other public way, the grade shall be the elevation • of the sidewalk, alley or public way. See Section 20,020200 for definition of Grade for Zoning or Planning purposes. 30 • • STORY. Story is that portion of a building included between the upper surfaces of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet (6 °) above grade as defined herein for more than 50 per cent (50 %) of the total perimeter or is more than twelve feet (12 °) above grade as defined herein at any point, such basement, cellar or unused underfloor space shall be considered as a story. See Section 20.02.285 of the Newport Beach Zoning Code for definition of story for Zoning or Planning purposes. UNIFORM BUILDING CODE. Uniform Building Code shall mean the Building Code of the City of Newport Beach as contained in Chapter 15.04 of Title 15 of the Newport Beach Municipal Code, including all deletions, modifica- tions and amendments made thereto.' 15.06.080 Am Code. Section H-S adopted in Section Sec. H -501 t to Section H- 501(x) of of the Housing Code, her .010 is amended to read: °(a) Access to Public Pro ert . All buildings shall be located with respect to property lines and to other buildings on the same property as required by Section 504 and Table No. 5 -A of the Uniform Building Code. Each dwelling unit and each guest room in a dwelling or a lodging house shall have access to a passageway not less than three feet (31) in width, leading to a public street or alley. Each apartment house or hotel shall have access to a public street by means of a passageway not less than three feet (3 °) in width.' 15.06.090 Amendment to Section H -501 b of Code. Sermon H- 1 of t e -Housing Co e, er anopted in Section 15°06.010 is amended to read: Sec. H -501 H(b) Occupancy Space. Occupancy space of a lot shall be regulated y the Zoning Code, Title 20, of the Newport Beach Municipal Code.' 15.06.100 Amendment to Section 1!-502 b of the Hous Code. Section H-502M of the Housing Code, hereinbefore an op-ted in Section 15.06.010 is amended to read: Sec. H -502 °(b) Yards. Yards of a residential lot shall be as regulateU by the Zoning Code, Title 20 of the Newport Beach Municipal Code.' 4. • 15.06.110 !gym Code. Section H=3 allo—pted in Section Sec. H -502 of .06.010 is amended to read- '(d) Projection into yards. Eaves and cornices may project into any required yard as regulated in the Zoning Code, Title 20 of the Newport Beach Municipal Code, provided further that no such projection shall obstruct a required exitway.' 15.06.120 Amendment to Section H-503(a) of Code. ection H_-_5_0UTa7 of the Housing Code, Eer adopted in Section 15.06.010 is amended to read. Sec. H -503 '(a) Ceiling Height. Habitable rooms, bathrooms, toilet rooms, storage rooms and laundry rooms shall have a ceiling height of not less than seven feet six inches (7'6 "). Connecting corridors shall have a ceiling height of not less than seven feet (7'). If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one -half the area thereof. No portion of the room measuring less than five feet (5') from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof. • if any room has a furred ceiling, the prescribed ceiling height is required in two - thirds the area thereof, but in no case shall the height of the furred ceiling be less than seven feet (7'). EXCEPTION: Where rooms are adjacent they may be considered as one room for the purpose of determining the required ceiling heights under the following conditions- • 1. When the common wall or vertical plane of an assumed common wall between the rooms has a minimum open area of 50% or not less than 49 square feet, whichever is greater. The horizontal dimension used in determining the open area is to be measured from wall to wall of the smaller room. The vertical dimension used in determining the open area shall be assumed as 7'0. 2. The required minimum ceiling height of 796" shall be maintained in 50% of the total area of both rooms. 3. Dropped plastic diffusers or similar devices shall be considered as the ceiling.' 5. 15.06.130 Amendment to Section H -504 of the Housin i Section -5U4 of the Housing Code, hereinbefore adopted in Section 15.06.010 is amended to read: • 'Sec. H -504. (a) Windows. All living rooms, kitchens, an other rooms u�for living, dining, or sleeping purposes shall be provided with windows with an area not less than twelve square feet (12 sq. ft.) nor one- eighth of the floor area of such rooms, The window area in bathrooms, water - closet compartments, and other similar rooms shall be not less than three square feet (3 sq. ft.) unless a mechanical ventilation system capable of producing a change of air every five minutes and connected directly to the outside is provided. When such required windows are installed, not less than one -half the required area shall be openable. Required windows shall open directly onto a street or public alley, or a yard or court located on the same lot as the building. EXCEPTION: Required windows may open into a roofed porch where the porch: 1. Abuts a street, yard or court; and 2. Has a ceiling height of not less than seven feet (7'); and • 3. Has the longer side at least 65 per cent open and unobstructed. For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room, provided a single unobstructed opening not less than one -half of the area of a common wall between such rooms is provided. Such opening need not exceed an area equal to one -tenth of the area of the interior room served but shall be not less than forty -nine square feet (49 sq, ft.). (b) Vent Shaft. A required window in a service room may oFen 'Into a vent shaft which is open and unobstructed to the sky and not less than four feet (4') in least dimension. No vent shaft shall extend through more than two stories. (c) Hallways. All public hallways, stairs, and other exitways shall be adequately lightel at all times in accordance with Section 3312 (a) of the Uniform Building Code, Volume I, 1967 Edition. (d) Kitchen Ventilation. There shall be installed in the wall or ceiling, approximately over the cooking facilities, a ventilating opening with a minimum area of eight inches by six inches (8' x 6 "), connected by • an incombustible ventilating duct free to the outside of the building. The ventilating duct for each kitchen shall have a minimum cross - sectional area of twenty -eight square inches (28 sq. in.). An approved forced -draft system of ventilation may be substituted for the natural -draft ventilating system.' 6. 15.06.140 Amendment to Section H-505(e) of the HousiLag Code. Section H-505(e) of the Housing Code,_hereinbefore adopted in Section 15.06.010 is amended to read: Sec. H -505 • '(e) Water Closet Compartments. Walls and floors of water closet compartments except in dwel ings shall be finished in accordance with Section 1711 of the Uniform Building Code, Volume I, 1967 Edition.' 15.06.150 Amendment to Section H -IU1 b ox Code. Sect H -70 of t e Housing Co e,_ eY adopted in Section 15.06.010 is amended to read: Sec. H -701 '(b) Electrical E uipment. All electrical equip- ment, wiring, an appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type.' 15.06.160 Amendment to Section H -ZU4 of the tsousi�e. Section H`U 4 of the Housing Code, hereinbefore adopted in Section 15.06.010 is amended to read: 'Sec. H -204. Penaltv for Violations. Any person, firm, corpora n, partners ip or co- partnership who wilfully violates any of the provisions or fails to comply with any of the mandatory requirements of this Title is guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not to exceed • Five Hundred Dollars ($500) or by imprisonment in the City Jail, not to exceed six (6) months or by both fine and imprisonment, except that nothing contained herein shall be deemed to bar any legal, equitable, or summary remedy to which the City of Newport Beach or other political subdivision, or any person, firm, corporation, partnership or co- partnership may otherwise be entitled, and the City of Newport Beach or any other political subdivision or person, firm, corporation, partnership or co- partnership, may file a suit in the superior court of the County of Orange, and restrain or enjoin any attempted or proposed subdivision or sale in violation of this title.' 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 10th day of September , 1968, and was adopted on the 23rd day of September , 1968, by the following vote, to wit: • AYES, COUNCILMEN: McInnis, Shelton, Parsons, Marshall, Rogers, Gruber ATTEST: NOES, COUNCILMEN: None ABSENT UNCILMEN: H(i��r((th� Ci y Clerk CE�I Mayor m- IYY PIED AS THE�� 7 . C CLERK OF THE CITY OF NEWT" Dam _ 1 7 - G�