Mountain Views News          Saturday, December 18, 2010

10

SIERRA MADRE LEGAL NOTICE

 Mountain Views News Saturday, December 18, 2010 

City of Sierra Madre

ORDINANCE NO 1315-U

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF 
THE CITY OF SIERRA MADRE AMENDING THE MUNCIPAL 
CODE TO ADOPT BY REFERENCE THE 2010 CALIFORNIA 
BUILDING STANDARDS CODE WITH CERTAIN EXCEPTIONS, 
MODIFICATIONS AND ADDITIONS 

WHEREAS, the City Council of the City of Sierra Madre does hereby find that there is a need 
to enforce the most current editions of the California Building Standards Code, with the local 
amendments recited herein for regulating and controlling the design, erection, construction, 
enlargement, installation, alteration, repair, relocation, removal, use, occupancy, demolition, 
conversion, height, area, location, maintenance, and quality of materials of all buildings and 
structures and plumbing, mechanical, electrical and fire suppression systems and certain 
equipments within the City;

WHEREAS, pursuant to sections 17922, 17958, 17958.5 and 17958.7 of the California 
Health & Safety Code, the City may adopt the provisions of the Uniform Building, Plumbing, 
Mechanical and Electric Codes, with certain amendments to the provisions of the codes which 
are reasonably necessary to protect the health, wealth and safety of citizens of Sierra Madre 
because of local climatic, geological and topographical conditions;

WHEREAS, the City Council of the City of Sierra Madre made the factual findings outlined 
in Exhibit 1 attached hereto relating to the amendments to the uniform codes recited herein in 
accordance with Health & Safety Code section 18941.5;

WHEREAS, the city City Council also finds that areas within the City are hazardous fire areas 
that have only limited fire suppression forces and facilities available for the protection of life 
and property;

WHEREAS, the City Council does hereby further find that the southern California region, 
which includes the City, is within a very active seismic area and local soil conditions can be 
highly expansive and subject to local topographic considerations including extensive hillside 
construction that is prone to erosion;

WHEREAS, the City Council does hereby further find that in accordance with section 
15061(b)(3) of the California Code of Regulations, the adoption of local amendments to the 
California Building Standards Code, and amending the Sierra Madre Municipal Code are 
exempt from the provisions of the California Environmental Quality Act.

THE CITY COUNCIL OF THE CITY OF SIERRA MADRE DOES ORDAIN AS 
FOLLOWS:

SECTION 1. Amendments to Chapter 15.04, entitled “Building Code and Permits”. 

The following sections of the Municipal Code are hereby amended or added to provide as 
follows:

15.04.010 Adoption of the 2010 California Building Code.

Subject to the additions, deletions and amendments specified in this chapter, the rules, 
regulations, provisions and conditions set forth in that certain code entitled 2010 California 
Building Code based on the “International Building Code 2009 edition,” promulgated by the 
International Code Council and referred to and by this reference expressly incorporated herein 
and made part hereof as fully and for all intents and purposes as though set forth at length, and 
said 2010 California Building Code is made part of this code and the same shall be designated, 
known and referred to as the “building code” of and for the city.

15.04.030 Amendment to Section 702 Very High Fire Hazard Severity Zone

A. The definition of “Very high fire hazard severity zone” in Section 702A of the 
California Building Code is amended to provide as follows.

Fire hazard severity zones are geographical areas designated pursuant to California Public 
Resources Code sections 4201 through 4204 and classified as very high, high, or moderate in 
state responsibility areas or as local agency very high fire hazard severity zones designated 
pursuant to California Government Code sections 51175 through 51189. See California Fire 
Code Article 86.

The California Code of Regulations Title 14 Sections 1280 entitles the maps of these 
geographical areas as “maps of the fire hazard severity zones in the state responsibility area of 
California.”

For the purposes of this code, the entire city of Sierra Madre is hereby established as a Fire 
District and shall contain within it an area designated as a very high fire hazard severity zone, 
and shall include such territories or portions of said city as outlined in Chapter 15.04 of the 
Sierra Madre Municipal Code. Whenever in this code, reference is made to any fire zone, it 
shall be construed to mean the fire zone created by this chapter. 

B. Section 704A is revised to add:

Building or structures hereafter erected, constructed, moved within or into the very high fire 
hazard severity zone shall meet the requirements of this section as follows: 

1. Exterior walls of all buildings shall be of one-hour, fire-resistive construction. 
Exterior glass in such walls shall be double-glazed. Wood shake shingles being used as an 
exterior wall covering shall be treated with an approved fire retardant chemical. 

2. Roof soffits (including eaves), open patios, carports, porches, unenclosed 
underfloor areas and all open structures, attached or detached, shall be protected on the 
under side with materials as approved for one-hour fire-resistive construction or shall be of 
incombustible materials throughout. 

Exceptions: 

a. Asphalt composition shingles with Class “B” rating.

b. When in the opinion of the Building Official, no material increase in fire hazard 
will occur, additions not exceeding twenty-five percent (25%) of the existing square footage 
over the life of the building, may be covered with the same materials used on the existing 
building. 

c. Any roof covering conforming to the specifications of the Underwriters Laboratory 
(UL) for Class “A” roof covering as published in the Underwriters Laboratory “List of Fire 
Protection Equipment and Materials” shall be considered a “fire-retardant” roof covering”. 

15.04.090 Amendment to Section 1505 Roofs – Fire Classifications

The 2010 California Building Code Section is amended to add the following to Sections 1505:

A. Any building alteration, replacement or repair, which does not exceed twenty-five percent 
of the area of the existing roof, over the life of the structure, may use existing like materials on 
said roof.

B. Any building alteration, replacement or repair, which exceeds fifty percent of the area of 
the existing roof, over the life of the structure, shall be made with fire retardant covering as 
specified in the California Building Code.

C. Any building alteration, replacement or repair, which exceeds fifty percent of the area of 
the existing roof, over the life of the structure, shall be made with fire retardant covering as 
specified in the 2010 California Building Code.

D. Any building addition, which does not exceed twenty-five percent of the area of the existing 
roof, over the life of the structure, may use existing like material on the roof addition, and any 
alteration, replacement or repairs to the existing roof, required by such addition may also use 
existing like materials.

E. Any building addition, which exceeds twenty-five percent of the area of the existing roof, 
over the life of the structure, shall be made with fire retardant covering as specified in the 2010 
California Building Code, and any alterations, replacements or repairs to the existing roof, 
required by such addition, shall also be made with such fire retardant roof covering.

F. Wood roofs shall not be considered a Class A covering regardless of the rating of an 
assembly.

15.04.100 Amendment – Section 202 – Additions, alterations or repairs

A. The following is added to the end of Section 202 of the California Building Code:

The phrase “additions, alterations and repairs” as used in this section, and all subsections 
thereof, shall not be construed to apply to the remodeling of an existing building to provide 
new facades or other aesthetic embellishments or accouterments which do not modify the 
structural support or members of such building.

B. Section 3403 of the California Building Code is amended to include and read as follows:

 Section 3403 Buildings or structures to which additions, alterations or repairs are made 
shall comply with all requirements of this code for new facilities except as specifically 
provided in this section. See section 907 of the Building Code for provisions requiring 
installation of smoke detectors in existing Group R, Division 3 Occupancies.

15.04.110 Amendment – Section 109.4 Work commencing before permit Issuance

The following is added to the end of Section 109.4 of the California Building Code:

Where the work for which permit is required by this code is started or proceeded prior to 
obtaining said permit, the building permit fee shall be doubled, but the payment of such double 
fee shall not relieve any persons from fully complying with the requirements of this Code in 
the execution of the work nor from any penalties prescribed herein.

15.04.115 – Section 105.7 Demolition Permits.

The following is added to Section 105 of the California Building Code

Section 105.7 Demolition Permits

A. No permit for the demolition of all or any substantial portion of any building in the 
city shall be issued for a period of thirty days after such application is made. For the purposes 
of this chapter, demolition shall be considered the alteration, reconstruction, or elimination 
of 50% or more, of the floor area or monetary value. Projects that involve less than 50% of 
the alteration, reconstruction, or elimination of the floor area or monetary value may still be 
subject to requirements of Chapter 8.13 and/or 12.20 of this code.

B. There is a 30 day wait period after the application is submitted.

C. Within 10 days of the application, the applicant should submit a mitigation plan for 
vermin, noise, dust, asbestos, salvage, trash removal, air pollution, historic preservation, and 
neighborhood peace and enjoyment. Failure to submit such mitigation report may be grounds 
for denying such permit. 

D. Notice of the application for a demolition permit shall be made available within 
three days to every city councilmember and city official. Copies of the applicant’s mitigation 
report shall also be made in similar fashion.

E. Prior to the release of the demolition permit, the applicant shall demonstrate that 
notification of, and compliance with, the following: 

1. South Coast Air Quality Management District (AQMD);

2. Electricity provider; 

3. Natural gas provider; and

4. City Department of Public Works (Chapters 8.13 and 12.20.)

F. Prior to the issuance of a demolition permit, the applicant shall file (in general 
terms) his/her intended reuse of the property with development services department. Such plan 
shall indicate the intended use and condition of the property after the demolition of structures 
requested within the demolition permit is concluded.

G. Notwithstanding any other provision of this chapter, in the event of an immediate 
threat to the public health, safety and welfare, the thirty-day “wait” period for the issuance of 
a demolition permit may be waived. Evidence of such an immediate threat shall be submitted 
by the applicant to the director of development services. Upon receipt of such information, the 
director of development services shall determine if an immediate threat to the public health, 
safety and welfare exists.

The filing of any notice or report, as called for herein, is not intended to vest any discretion 
(under CEQA or otherwise) in the building official to deny such application. Instead, at the end 
of the thirty-day period, such permit shall be issued unless such issuance is contrary to any law 
or regulation applicable at that date. 

H. To the extent, if any, that this Section 115 differs from the California Building 
Code (CBC), the city council finds that there are conditions unique to this city that justify such 
change, including high fire danger, steep hillsides, vermin infestation, wildlife and asbestos 
levels, the issuance of a demolition permit shall be considered a ministerial duty under the 
provisions of CEQA Section 15268 except for historical and unique archeological resources 
as outlined in CEQA Section 15064.5. If the demolition permit is for a historic structure, a 
cultural resources report shall be prepared at the property owner’s expense. 

I. Any person, firm or corporation demolishing a structure without a permit shall be 
guilty of a misdemeanor, and upon conviction of any such person shall be punishable by a fine 
of not more than one thousand dollars or by imprisonment in the city jail for not more than one 
hundred eighty days, or by both such fine and imprisonment. 

J. Demolitions of Historic Structure.

1. If a structure that is deemed to be a historic resource is demolished without a 
permit:

a) The violator shall within one year completely rebuild the demolished structure 
to pre-existing condition and shall submit a surety bond that shall be in amount equal to the 
replacement value as calculated by the department of development services; 

b) The city may rebuild it within said one-year period placing the costs thereof as 
a lien on the property which shall indemnify the city against all costs so incurred and all 
liabilities arising there from; or 

c) No building or construction related permits shall be issued, and no permits or use 
of the property shall be allowed, from the date of demolition for a specified time period, as 
follows: for five years, if the structure was listed or deemed eligible for listing on the local, 
state, or Federal Registry of Historic Resources. In addition, for a historic structure, a cultural 
resources report shall be prepared at the property owner’s expense. For the purposes of this 
section, the demolition shall be presumed to have occurred on the date the city has actual 
knowledge of the demolition. The owner shall have the burden of proving a different date if 
one is claimed. Such waiting period shall be for the purpose of consideration of rebuilding, 
relocation, grants, etc., for replacement. 

2. The director of development services shall cause notice that this section is 
applicable to property to be served by mail on the person shown as the owner on the rolls of 
the tax assessor, and on any other person known to have an interest in the property, as soon 
as practicable after having knowledge that the provisions of this section are applicable to 
property. The date the city first had actual knowledge of the demolition shall be stated in the 
notice. The provisions of this subsection are directory only. 

3. The decision of the director that this section is applicable may be appealed by the 
property owner to the city council. The city council may grant relief from the requirements of 
this section if the demolition in violation of this section was not done to any of the following: 

a) A building or structure deemed eligible for landmark status;

b) A building or structure listed or deemed eligible for listing in the National Register 
of Historic Places;

c) A building or structure listed or deemed eligible for listing in the California 
Register of Historical Resources;

d) Any cultural resource determined to have historic significance.

15.04.117 Section 105.2 Work Exempt from Permits

Section 105.2 Building Exception 2 is hereby deleted and the following is added at the end of 
Section 105.2 of the California Building Code:

“All walls, retaining walls and fences regardless of type or height shall require building 
permits.”

15.04.118 Amendment – Section 903 Automatic Fire Sprinklers

The following sections within section 903 of the Building Code, entitled, “Automatic Sprinkler 
Systems” are revised to provide as follows:

903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group 1 
occupancies in accordance with Sierra Madre Municipal Code section 15.24.120.

903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2 
occupancies in accordance with Sierra Madre Municipal Code section 15.24.120.

903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 
occupancies in accordance with Sierra Madre Municipal Code section 15.24.120.

903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 
occupancies in accordance with Code Sierra Madre Municipal section 15.24.120.

903.2.1.5 Group A-5. An automatic sprinkler system shall be provided for Group A-5 
occupancies in the following areas: concession stands, retail areas, press boxes, and other 
accessory use areas in accordance with Code section 15.24.120.

903.2.2 Group B. An automatic sprinkler system shall be provided throughout all buildings 
containing Group B occupancy in accordance with Sierra Madre Municipal Code section 
15.24.120.

903.2.3 Group E. Except as provided for in Sections 903.2 .2 .1 for a new public school 
campus and 907.2.3.6.1 (fire alarm and detection) for modernization of an existing public 
school campus building(s), an automatic sprinkler system shall be provided for Group E 
occupancies in accordance with Code section 15.24.120.

903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all buildings 
containing a Group F-1 occupancy in accordance with Sierra Madre Municipal Code section 
15.24.120.

903.2.5 Group H. Automatic sprinkler systems shall be provided in high-hazard occupancies as 
required in Sections 903.2.5.1 through 903.2.5.3. 

903.2.5.1 General. An automatic sprinkler system shall be installed in Group H occupancies in 
accordance with Code section 15.24.120.

903.2.6 Group I. An automatic sprinkler system shall be provided throughout buildings with a 
Group I in accordance with Sierra Madre Municipal Code section 15.24.120.

903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings 
containing a Group M occupancy in accordance with Sierra Madre Municipal Code section 
15.24.120.

903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 
shall be provided throughout all buildings with a Group R in accordance with Sierra Madre 
Municipal Code section 15.24.110.

903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings 
containing a Group S-1 in accordance with Code section 15.24.120.

903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all 
buildings used as repair garages in accordance with the California Building Code.

903.2.9.2 Bulk storage of tires. Buildings and structures with an area for the storage of shall be 
equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1. 

903.2.10 Group S-2. An automatic sprinkler system shall be provided throughout buildings 
classified as enclosed parking garages in accordance with Section 406.4 of the California 
Building Code or where physically located beneath other occupancy groups. 

903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided 
throughout buildings used for storage of commercial trucks or buses.

15.04.140 Adoption of Los Angeles Regional Code Program – Los Angeles Basin Chapter 
2010 Technical Amendments

The 2010 California Building Code is hereby amended by adopting by reference the Technical 
Amendments as published on August 26, 2010 by the Los Angeles Regional Uniform Regional 
Code Program – International Code Council – Los Angeles Basin Chapter.

SECTION 2. Addition of Chapter 15.06, entitled “Residential Code” to Municipal Code. 
Chapter 15.06 is hereby added to the Sierra Madre Municipal Code. Chapter 15.06 shall be 
entitled, “Residential Code”, and shall provide as follows:

15.06.010 Adoption of the 2010 California Residential Code

Subject to the additions, deletions and amendments specified in this chapter, the rules, 
regulations, provisions and conditions set forth in that certain code entitled 2010 California 
Residential Code based on the “International Residential Code 2009 edition,” promulgated by 
the International Code Council of Whittier, California. and referred to and by this reference 
expressly incorporated herein and made part hereof as fully and for all intents and purposes as 
though set forth at length, and said 2010 California Residential Code is made part of this code 
and the same shall be designated, known and referred to as the “Residential Code” of and for 
the city. 

15.06.020 Amendment - Section R105.2 Work Exempt from PermitsSection R102.2 
Building Exception 2 is hereby deleted and the following is added to the end of Section R105.2 
of the California Residential Code:

“All walls, retaining walls and fences regardless of type or height shall require building 
permits.”

15.06.030 Amendment - Section R108.6 Work commencing before permit issuance

The following is added to the end of Section R108.6 of the California Residential Code:

Where the work for which permit is required by this code is started or proceeded prior to 
obtaining said permit, the building permit fee shall be doubled, but the payment of such double 
fee shall not relieve any persons from fully complying with the requirements of this Code in 
the execution of the work nor from any penalties prescribed herein.

15.06.040 Amendment - Townhouse automatic fire sprinkler systems

Section R313.1 of the California Residential Code is amended to provide as follows:

“An automatic residential fire sprinkler system shall be installed in townhouses in accordance 
with accordance with Sierra Madre Municipal code section 15.24.110.”

15.06.050 Amendment - One and two family dwellings automatic fire systems

The following is added to the end of Section R313.2 of the California Residential Code:

“An automatic residential fire sprinkler system shall be installed in one- and two-family 
dwellings in accordance with accordance with Sierra Madre Municipal code section 
15.24.110.”

15.06.060 Amendment – Required sprinkler locations, exception 4

Section R313.3.1.1, exception 4 is amended to read as follows: 

“Detached garages and carports in accordance with Sierra Madre Municipal code section 
15.24.110.”

15.06.070 Water flow detector alarm 

A new section R313.3.3.5 is added to the Residential code and shall be entitled “Water flow 
detector alarm.” That section shall provide: 

“Water supply” 

“The flow of one sprinkler shall activate a water flow detector alarm that shall be audible on 
the exterior of the building.” 

15.06.080 Adoption of Los Angeles Regional Uniform Code Program Technical 
amendments to the 2010 California Residential Code

The 2010 California Residential Code is hereby amended by adopting by reference the 
Technical Amendments as published by the Los Angeles Regional Uniform Regional Code 
Program – International Code Council – Los Angeles Basin Chapter published August 26, 
2010.

SECTION 3. CHAPTER 15.08 – 2010 California Mechanical Code

The following sections of the 2010 California Mechanical Code are amended or added to 
provide as follows:

15.08.010 Adoption of the California Mechanical Code.

The 2010 California Mechanical Code which is based on the Uniform Mechanical Code, 2009 
Edition,” published by the International Association of Plumbing and Mechanical Officials 
is adopted by reference, together with all indexes and appendixes therefore, except as herein 
amended in this chapter and said 2010 California Mechanical Code is made part of this code 
and this chapter shall be designated, as known and referred to as the “mechanical code” of and 
for the city.

15.08.030 Amendment – Section 110.0 Violation

Section 110.0 of the Mechanical code is amended to include the phrase:

“In addition to the penalties herein above provided, any condition caused or permitted to exist 
in violation of any of the provisions of this code shall be deemed a public nuisance and may 
be abated in the manner provided by law as such. Every day such condition continues shall be 
regarded as a new separate offense.”

SECTION 4. CHAPTER 15.16 – California Electrical Code

A. California Electrical Code, section 15.16.010 of the Sierra Madre Municipal Code 
– is amended as follows:

15.16.010 Adoption of the 2010 California Electrical Code. 

Subject to the additions, deletions, and amendments specified in this chapter, the rules 
regulations, provisions and conditions set forth in those certain codes entitled, 2010 California 
Electrical Code which is based “National Electrical Code, 2008 Edition,” therein contained, 
published by the National; Fire Protection Association is adopted by reference, together with 
all indexes and appendixes therefore, except as herein amended in this chapter and said 2010 
California Electrical Code is made part of this code and this chapter shall be designated, as 
known and referred to as the “electrical code” of and for the city.

B. Section 15.16.015 is added to the municipal code to provide as follows:

15.16.015 Amendment - Annex H: Administration Section 80.27 Inspectors Qualifications

Section 80.27 of the California Electrical Code is amended to provide the phrase “The 
Building Official is exempt from requiring certification as an electrical inspector.”

SECTION 5. CHAPTER 15.20 – California Plumbing Code

The following sections of Chapter 15.20 of the municipal code are hereby added or amended 
to provide as follows:

Chapter 15.20.10 Adoption of the California Plumbing Code and Appendixes

The 2010 California Plumbing Code which is based on The Uniform International Plumbing 
Code, 2009 Edition, is adopted. That certain document “International Plumbing Code, 2010 
Edition,” published by International Association of Plumbing and Mechanical Officials is 
adopted by reference, together with all indexes and appendixes thereof and therefore, except 
as herein amended in this chapter and said 2010 California Plumbing code is made part of this 
code and this chapter shall be referred to as the “plumbing code” of and for the city. 

15.20.060 Section 710.1 Drainage of fixtures located below the next upstream manhole or 
below the main sewer level. 

Section 710.1 of the California Plumbing Code shall be amended to read as follows: 

Sewage backflow. Where the flood level rims of plumbing fixtures are below the elevation of 
the manhole cover of the next upstream manhole in the public sewer, such fixtures shall be 
protected by a backwater valve installed in the building drain, branch of the building drain or 
horizontal branch serving such fixtures. Plumbing fixtures having flood rim levels above the 
elevation of the manhole cover of the next upstream manhole in the public sewer shall not 
discharge through a backwater valve. 

 SECTION 6. CHAPTER 15.26 2009 California Existing Building Code 

A new chapter 15.26 is hereby added to the Municipal Code, to be entitled, “2009 Existing 
Building Code” to provide as follows:

15.26.010 Adoption of the 2009 Existing Building Code.

Subject to any additions, deletions and amendments that may exist in this chapter, the rules, 
regulations, provisions and conditions set forth in that certain code entitled “Existing Building 
Code 2009 Edition,” promulgated by the International Code Conference and referred to and 
by this reference expressly incorporated herein and made a part thereof as fully and for all 
intents and purposes as though set forth at length, and said California Historical Building Code 
is made a part of this code and the same shall be designated, known and referred to as the 
“existing building code” of and for the city.

15.26.020 Violation--Penalty.

No person shall violate any provisions, or fail to comply with any requirements of the Existing 
Building Code. Any person violating any provisions or failing to comply with any of the 
requirements of this code shall be guilty of a misdemeanor under the provisions of this code. 
Any person convicted of a misdemeanor under the provisions of this code shall be punishable 
by fine of not more than one thousand dollars, or by imprisonment in the city or county jail 
for a period of not exceeding six months, or by both such fine and imprisonment. Each person 
shall be guilty of a separate offense for each and every day and every day during any portion 
of which any violation of any provision of this code is committed, continued, or permitted by 
such person and shall be punishable accordingly.

SECTION 7. CHAPTER 15.30 2010 California Green Building Standards 
Code

A new chapter 15.30 is hereby added to the Municipal Code, to be entitled, “2010 California 
Green Building Standards Code” to provide as follows:

Section 15.30.010 – Adoption of Green Building Standards Code

Subject to any additions, deletions and amendments that may exist in this chapter, the rules, 
regulations, provisions and conditions set forth in that certain code entitled “California Green 
Building Code 2010 Edition,” and referred to and by this reference expressly incorporated 
herein and made a part thereof as fully and for all intents and purposes as though set forth at 
length, and said California Green Building Standards Code is made a part of this code and the 
same shall be designated, known and referred to as the “green building code” of and for the 
city.

15.30.020 Violation--Penalty.

No person shall violate any provisions, or fail to comply with any requirements of the green 
building standards code. Any person violating any provisions or failing to comply with any 
of the requirements of this code shall be guilty of a misdemeanor under the provisions of 
this code. Any person convicted of a misdemeanor under the provisions of this code shall be 
punishable by fine of not more than one thousand dollars, or by imprisonment in the city or 
county jail for a period of not exceeding six months, or by both such fine and imprisonment. 
Each person shall be guilty of a separate offense for each and every day and every day during 
any portion of which any violation of any provision of this code is committed, continued, or 
permitted by such person and shall be punishable accordingly.

15.30.030 Adoption of Los Angeles Regional Uniform Code Program Technical 
Amendments to the 2010 California Green Building Standards Code

The 2010 California Green Buildings Standards Code is hereby amended by adopting all 
of the Technical Amendments as published by the Los Angeles Regional Uniform Regional 
Code Program – International Code Council – Los Angeles Basin Chapter published August 
26, 2010 except for the two amendments that would have authorized the addition of Sections 
101.12 and 101.12.1 to the Green Building Standards Code which would have authorize a 10% 
increase in fee to be charged for processing green building projects. 

SECTION 8. CHAPTER 15.34 2010 CALIFORNIA ENERGY CODE

A new chapter 15.34 is hereby added to the Municipal Code, to be entitled, “2010 California 
Energy Code” to provide as follows:

15.34.010 – Adoption of California Energy Code

Subject to any additions, deletions and amendments that may exist in this chapter, the rules, 
regulations, provisions and conditions set forth in that certain code entitled “California Energy 
Code 2010 Edition,” and referred to and by this reference expressly incorporated herein and 
made a part thereof as fully and for all intents and purposes as though set forth at length, and 
said California Historical Building Code is made a part of this code and the same shall be 
designated, known and referred to as the “energy code” of and for the city.

15.34.020 Violation--Penalty.

No person shall violate any provisions, or fail to comply with any requirements of the energy 
code. Any person violating any provisions or failing to comply with any of the requirements 
of this code shall be guilty of a misdemeanor under the provisions of this code. Any person 
convicted of a misdemeanor under the provisions of this code shall be punishable by fine of not 
more than one thousand dollars, or by imprisonment in the city or county jail for a period of 
not exceeding six months, or by both such fine and imprisonment. Each person shall be guilty 
of a separate offense for each and every day and every day during any portion of which any 
violation of any provision of this code is committed, continued, or permitted by such person 
and shall be punishable accordingly.

SECTION 9. CHAPTER 15.35 2010 CALIFORNIA REFERENCED STANDARDS 
CODE

A new chapter 15.35 is hereby added to the Municipal Code, to be entitled, “2010 California 
Referenced Standards Code” to provide as follows:

15.36.010 Adoption of the Referenced Standards Code

Subject to any additions, deletions and amendments that may exist in this chapter, the rules, 
regulations, provisions and conditions set forth in that certain code entitled “California 
Referenced Standards Code 2010 Edition,” promulgated by the International Code Conference 
and referred to and by this reference expressly incorporated herein and made a part thereof 
as fully and for all intents and purposes as though set forth at length, and said California 
Historical Building Code is made a part of this code and the same shall be designated, known 
and referred to as the “referenced standards” of and for the city.

15.36.020 Violation--Penalty.

No person shall violate any provisions, or fail to comply with any requirements of the 
Referenced Standards Code. Any person violating any provisions or failing to comply with 
any of the requirements of this code shall be guilty of a misdemeanor under the provisions of 
this code. Any person convicted of a misdemeanor under the provisions of this code shall be 
punishable by fine of not more than one thousand dollars, or by imprisonment in the city or 
county jail for a period of not exceeding six months, or by both such fine and imprisonment. 
Each person shall be guilty of a separate offense for each and every day and every day during 
any portion of which any violation of any provision of this code is committed, continued, or 
permitted by such person and shall be punishable accordingly.

SECTION 10. References in Documents and Continuing Legal Effect. References to 
prior versions of any portion of the Building Standards Code, or of the Sierra Madre Municipal 
Code that are amended or renumbered in this Municipal Code, that are cited on notices issued 
by the City or other documents of ongoing or continuing legal effect, including resolutions 
adopting or imposing fees or charges, until converted, are deemed to be references to the new 
counterpart part of the Building Standards Code or amended Municipal Code sections for the 
purposes of notice and enforcement. The provisions adopted hereby shall not in any manner 
affect deposits, established fees or other matters of record which refer to, or are otherwise 
connected with, ordinances which are specifically designated by number, code section or 
otherwise, but such references shall be deemed to apply to the corresponding provisions set 
forth in the code sections adopted or amended hereby. 

SECTION 11. Continuity. To the extent the provisions of this Ordinance are 
substantially the same as previous provisions of the Sierra Madre Municipal Code, these 
provisions shall be construed as continuations of those provisions and not as amendments of 
the earlier provisions.

SECTION 12. No Effect on Enforceability. The repeal of any sections of the 
Municipal Code, shall not affect or impair any act done, or right vested or approved, or any 
proceeding, suit or prosecution had or commenced in any cause before such repeal shall take 
effect; but every such act, vested right, proceeding, suit, or prosecution shall remain in full 
force and effect for all purposes as if the applicable provisions of the Municipal Code, or part 
thereof, had remained in force and effect. No offense committed and no liability, penalty, or 
forfeiture, either civil or criminal, incurred prior to the repeal or alteration of any applicable 
provision of the 2007 Code as amended, shall be discharged or affected by such repeal or 
alteration but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall 
be instituted and proceed in all respects as if the applicable provisions of the 2007 Code, as 
amended, had not been repealed or altered.

SECTION 13. Supplementary of Existing Law. The City Council intends this 
Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and 
this Ordinance shall be construed in light of that intent.

SECTION 14. Modifications to California Fire Code. All inconsistencies between the 
Building Standards Code as amended and adopted by this ordinance, and Part 9 of Title 24 the 
California Code of Regulations are changes, modifications, amendments, additions or deletions 
thereto authorized by California Health and Safety Code Sections 17858 and 17858.7.

SECTION 15. Severability. Should any section, subsection, clause, or provision 
of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or 
unconstitutionality shall not affect the validity or constitutionality of the remaining portions 
of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, 
subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, 
and ratified irrespective of the fact that any one or more sections, subsections, sentences, 
clauses, or phrases be declared invalid or unconstitutional.

SECTION 16. Findings of Urgency. The Council finds that unless the City adopts 
this ordinance to take urgent action, effective January 1, 2011, the California Building 
Standards Codes will become effective in Sierra Madre without any Sierra Madre specific 
amendments applying to those codes. If that were to occur, Sierra Madre could be required 
to issue permits for construction that is not up to the city’s seismic, sanitation, electrical, 
energy, safety standards, and there could be a gap in the law that would apply in the window 
between January 1, 2011 and the date that a permanent ordinance goes into in effect. Failure 
to mandate compliance with these important safety and public health standards could allow 
potentially unsafe buildings and living conditions. This urgency ordinance is necessary to 
immediately preserve the public peace, health, and safety. 

SECTION 17. Effective Date. This Urgency Ordinance is adopted by 4/5 vote of 
the City Council and shall take effect immediately. Although the ordinance is immediately in 
effect, it does not immediately cause an effect. This is because the ordinance is intended to 
amend the 2010 Building Standards Codes when they become effective until January 1, 2011. 
No portion of this ordinance shall cause any effect until January 1, 2011. 

SECTION 18. CEQA. This Ordinance has been determined to be exempt from the California 
Environmental Quality Act pursuant to State Guidelines §15061 (b) (3) as a project that 
has no potential for causing a significant effect on the environment, because any changes 
caused by this ordinance would be speculative, and do not have any significant impact on the 
environment. 

SECTION 19. Publication. The City Clerk shall certify to the adoption of this ordinance and 
shall cause the same to be processed in the manner required by law.

SECTION 20. Certification. The City Clerk shall file a certified copy of this Ordinance with 
the California Building Standards Commission.

PASSED, APPROVED AND ADOPTED this 14th day of December, 2010 by the following 
roll call vote that meets the minimum 4/5 vote requirement:

AYES: Mosca, Buchanan, MacGillivray, Moran NOES: None Absent: Walsh

Exhibit 1

SIERRA MADRE BUILDING DEPARTMENT

2010 BUILDING CODE FINDINGS

This report contains the “Findings” to support this ordinance to amend the California 
Building Standards Code. Each of the proposed amendments to the non-administrative 
provisions of the building standards code are based on local climatic, geologic and 
topographical conditions and cause the new code to be more restrictive in nature than the 
underlying California Building Standards Code. 

The amendments address the building problem(s), concern(s), and future direction(s), by 
which the City can establish and maintain an environment which will afford an adequate 
level of building and life safety protection to its citizens and guests. 

Section 1 of this Exhibit sets forth the various finding.

Section 2 of this Exhibit explains which findings apply to which amendments.

Section 1. General Findings

The following findings apply in the City of Sierra Madre, and explain why the changes 
to the Building Standards Code are necessary because of climatic, geological and/or 
topographical condition is in the city.

A. Climatic Conditions

1. Normal rainfall averages 15 inches annually. During the summer and fall 
months, temperatures average approximately 85 degrees and can exceed 100 degrees for a 
period of days. Dry winds remove the moisture from vegetation. During late summer and 
fall, winds can move a fire quickly across the foothills or through residential areas of Sierra 
Madre. Winter rains often cause floods and the threat of damage due to water runoff. 

B. Geologic Conditions

1. The beautiful mountains that border the north of Sierra Madre create a unique 
hazard. The foothills have become prime sites for residential development because of 
their scenic beauty. The steep, narrow canyons create narrow winding roads that lengthen 
response time of emergency vehicles due to the increase in grade. Also, due to the hills 
and mountainous terrain, it is difficult to ensure proper fence and wall heights and footing 
depths without requiring inspections and permits.

2. The city is a densely populated area having buildings and structures over and 
near major fault systems capable of producing major earthquakes. Thus there are proposed 
modifications to emphasize designs with seismic-force-resisting elements.

C. Topographic Conditions

1. The topographic element of this report is associated closely with the geologic 
element noted above. While the geologic features create the topographic conditions, the 
areas of findings in this Section are, for the most part, a result of the construction and design 
of Sierra Madre.

2. Sierra Madre has areas that are in high fire hazard zones. As stated above, due 
to topography, access to structures in these fire hazard zones increases response time and 
delays fire suppression efforts. Extended response times allow fires to grow beyond the 
control of initial attack resources. Additionally, large structure fires in the hillside areas 
have a greater likelihood of starting wild land fires, which exposes additional structures to 
fire.

3. Clarification of the design parameters for projects subject to the Building Code 
is necessary to assure that appropriate development is constructed in accordance with the 
scope and objectives of the International Building Code, as applied in the city of Sierra 
Madre.

D. Administrative

1. These amendments are necessary for administrative clarification and do not 
modify any building standards. They establish standards to effectively enforce building 
standards and therefore need to be incorporated into the code to assure that new building 
and structures and additions or alteration to existing buildings or structures are designed 
and constructed in accordance with the scope and objectives of the California Building 
Standards Code.

Section 2 – Which Findings Apply to Which Amendments

The following amendments to the 2010 Edition of the California Building Standards 
Code are found reasonably necessary based on the climatic, geologic and/or topographic 
conditions cited in Section 1 of this Exhibit:

California Building Code Sections 
Applicable Findings

Chapter 7 

A-1, B-1, C-2

202, 3403 

C-3

109.4 
D-1

105.2 
B-1, D-1

Section 903 

(903.2.1.1; 903.2.1.2; 903.2.1.3; A-1, B-1, C-2

903.2.1.4; 903.2.1.5; 903.2.2; 903.2.3;

903.2.4; 903.2.5; 903.2.5.1; 903.2.6;

903.2.7; 903.2.8; 903.2.9; 903.2.9.1;

903.2.9.2; 903.2.10; 9; 903.2.10.1)

Section 1505 

(1505.1; 1505.1.1; 1505.1.2; 1505.1.3; A-1; B-1; C-1; C-2

1505.1.4; 1505.2)

Technical Amendments A-1, B-1, B-2, C-1, C-2, D-1

California Residential Code 
Applicable Findings

R105.2 
B-1, D-1

R108.6 
D-1

R313.1 
A-1, B-1, C-2

R313.2 
A-1, B-1, C-2

R313.3.1.1 exception 4 A-1, B-1, C-2

R313.3.3.5 A-1, B-1, C-2

Technical Amendments 

A-1, B-1, B-2, C-1, C-2, D-1

California Mechanical Code Applicable Findings

110.0 
D-1

2010 California Electrical Code Applicable Findings

Annex H D-1

2010 California Plumbing Code Applicable Findings

710.1 
B-1, C-1, D-1

2009 Existing Building Code Applicable Findings

SMMC 15.26.020 D-1

2010 California Green Building Code Applicable Findings

SMMC 15.30.020 D-1

Technical Amendments A-1, B-1, B-2, C-1, 
C-2, D-1

2010 California Energy Code Applicable Findings

SMMC 15.34.020 D-1

2010 California Referenced Standards Code Applicable Findings

SMMC 15.36.020 D-1