Mountain Views News          Saturday, January 15, 2011

11

Legal Notices

 Mountain Views News Saturday, January 15, 2011 

ORDINANCE NO 1315

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIERRA MADRE ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.2, THE 2010 CALIFORNIA CODE OF REGULATIONS, TITLE 
24 - THE 2010 CALIFORNIA BUILDING STANDARDS CODE WITH CERTAIN EXCEPTIONS, MODIFICATIONS AND ADDITIONS AND AMENDING THE SIERRA MADRE MUNICIPAL CODE

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 local amendments thereof, as recited herein for regulating and controlling the design, erection, construction, enlargement, installation, 
alteration, repair, relocation, removal, use and occupancy, demolition, conversion, height and area, location and 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, on January 11, 2011 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, in addition to the findings outlined in Exhibit 1, the City Council does hereby find 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. Chapter 15.04 – Building Code, sections 15.04.010, , 15.04.100, 15.04.110, 15.04.115 and 15.04.120 of the Sierra Madre Municipal Code - are amended 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 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 International 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.

15.04.090 Amendment – Section 109.3 Fees Section 109.3 of the California Building Code is amended to add the following: Value or valuation of a building shall be the estimated cost to replace the building and structure in kind, based on current replacement costs, as determined by the City of Sierra Madre 
adopted valuation and fee schedule. 

15.04.100 Amendment – Section 202 – Additions, alterations or repairs Section 202 of the California Building Code is amended to provide the phrase “additions, alterations and repairs” as used in such 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.

15.05.110 Amendment – Section 109.4 Work commencing before permit Issuance 

Section 109.4 of the California Building Code is amended to include the following: 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.

15.04.117 Amendment - Section 105.2 Work Exempt from Permits

Section 105.2 of the California Building Code is amended to provide the phrase:

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

15.04.118 Amendment – Section 903 Automatic Fire Sprinklers

Section 903 Automatic Sprinkler Systems

Section 903.2.1.1 is amended to read as follows due to local topographical, geographic and climatic conditions as identified in the 2010 Fire Code Findings of Fact as filed with the California Building Standards Commission:

903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group 1 occupancies in accordance with Code section 15.24.120.
Section 903.2.1.2 is amended to read as follows due to local topographical, geographic and climatic conditions as identified in the 2010 Fire Code Findings of Fact as filed with the California Building Standards Commission:

903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies in accordance with Code section 15.24.120.
Section 903.2.1.3 is amended to read as follows due to local topographical, geographic and climatic conditions as identified in the 2010 Fire Code Findings of Fact as filed with the California Building Standards Commission:

903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies in accordance with Code section 15.24.120.
Section 903.2.1.4 is amended to read as follows due to local topographical, geographic and climatic conditions as identified in the 2010 Fire Code Findings of Fact as filed with the California Building Standards Commission:

903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies in accordance with Code section 15.24.120.
Section 903.2.1.5 is amended to read as follows due to local topographical, geographic and climatic conditions as identified in the 2010 Fire Code Findings of Fact as filed with the California Building Standards Commission:

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.

Section 903.2.2 is amended to read as follows due to local topographical, geographic and climatic conditions as identified in the 2010 Fire Code Findings of Fact as filed with the California Building Standards Commission:

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

Section 903.2.3 is amended to read as follows due to local topographical, geographic and climatic conditions as identified in the 2010 Fire Code Findings of Fact as filed with the California Building Standards Commission: 

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.

Section 903.2.4 is amended to read as follows due to local topographical, geographic and climatic conditions as identified in the 2010 Fire Code Findings of Fact as filed with the California Building Standards Commission:

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 Code section 15.24.120.

Section 903.2.5 is amended to read as follows due to local topographical, geographic and climatic conditions as identified in the 2010 Fire Code Findings of Fact as filed with the California Building Standards Commission:

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.

Section 903.2.6 is amended to read as follows due to local topographical, geographic and climatic conditions as identified in the 2010 Fire Code Findings of Fact as filed with the California Building Standards Commission:

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

Section 903.2.7 is amended to read as follows due to local topographical, geographic and climatic conditions as identified in the 2010 Fire Code Findings of Fact as filed with the California Building Standards Commission:

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

Section 903.2.8 is amended to read as follows due to local topographical, geographic and climatic conditions as identified in the 2010 Fire Code Findings of Fact as filed with the California Building Standards Commission:

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 Code section 15.24.110.

Section 903.2.9 is amended to read as follows due to local topographical, geographic and climatic conditions as identified in the 2010 Fire Code Findings of Fact as filed with the California Building Standards Commission:

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.
Section 903.2.9.1 is amended to read as follows due to local topographical, geographic and climatic conditions as identified in the 2010 Fire Code Findings of Fact as filed with the California Building Standards Commission:

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.
Section 903.2.9.2 is amended to read as follows due to local topographical, geographic and climatic conditions as identified in the 2010 Fire Code Findings of Fact as filed with the California Building Standards Commission:

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. 
Section 903.2.10 is amended to read as follows due to local topographical, geographic and climatic conditions as identified in the 2010 Fire Code Findings of Fact as filed with the California Building Standards Commission:

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 located beneath other groups. 

Section 903.2.10.1 is amended to read as follows due to local topographical, geographic and climatic conditions as identified in the 2010 Fire Code Findings of Fact as filed with the California Building Standards Commission:

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

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

The 2010 California Building Code is hereby amended by adopting 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 (Exhibit 2)

SECTION 2. CHAPTER 15.05 2010 California Residential Code 

CHAPTER 15.05 2010 California Residential Code is amended in the following Sections:

15.05.10 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, 

15.05.117 Amendment - Section R105.2 Work Exempt from Permits

Section R105.2 of the California Residential Code is amended to provide the phrase:

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

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

Section R108.3 of the California Residential Code is amended to include the following:

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.

15.05.118 Amendment - Townhouse automatic fire sprinkler systems

Section R313.1 Townhouse automatic fire sprinkler systems is amended to include the following:

“in accordance with Sierra Madre Municipal code section 15.24.110.”

15.05.119 Amendment - One and two family dwellings automatic fire systems

Section R313.2 One- and two-family dwellings automatic fire system is amended to include the following:

“in accordance with Sierra Madre Municipal code section 15.24.110.”

15.05.122 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.”

15.05.124 Water flow detector alarm 

Section R313.3.3.5 Water flow detector alarm - is added to the Residential Code with the following:

Water flow detector alarm.

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

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

The2010 California Residential Code is hereby amended by adopting 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 (Exhibit 2)

SECTION 3. CHAPTER 15.08 – 2010 California Mechanical Code

2010 California Mechanical Code, – is amended 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 Code Council is adopted by reference, together with all indexes and appendixes therefore, except as herein amended in this chapter. 
This chapter shall be designated, as known and referred to as the “mechanical code” of and for the city

15.08.020 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

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

 15.16.010 Adoption of the 2007 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. This chapter shall be designated, as known and referred to as the “electrical code” of and for the city.

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

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 Association of Plumbing and Mechanical Officials the International Code Council is adopted by reference, 
together with all indexes and appendixes thereof and therefore, except as herein amended in this chapter. This chapter shall be referred to as the “plumbing code” of and for the city. 

15.20.060 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 15.22 Historical Building Code

15.22.010 Adoption of the 2010 California Historical Building Code

15.22.010 Adoption of the California Historical 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 “California Historical Building Code 2010 Edition,” promulgated by the International Conference of Building Officials of Whittier, California 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 “historical building code” 
of and for the city.

15.22.020 Violation-Penalty.

No person shall violate any provisions, or fail to comply with any requirements of the historical 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 15.26 2010 California Existing Building code15.26.010 Adoption of the 2010 California 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 “California Existing Building Code 2010 Edition,” promulgated by the International Conference of Building Officials of Whittier, California 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.

15.22.020 Violation--Penalty.

No person shall violate any provisions, or fail to comply with any requirements of the historical 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 8. CHAPTER 15.30 2010 California Green Building Standards Code

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,” promulgated by the International Conference of Building Officials of Whittier, California 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 “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 historical 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.

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

The2010 California Green Buildings Standards Code is hereby amended by adopting 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 (Exhibit 2)

SECTION 9. CHAPTER 15.34 2010 CALIFORNIA ENERGY CODE

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,” promulgated by the International Conference of Building Officials of Whittier, California 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 historical 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 10. CHAPTER15.36 2010 California Referenced Standards Code

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 Conference of Building 
Officials of Whittier, California 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 historical 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 11. The City Council hereby makes each finding of reasonable 
necessity for modifications, as stated separately for each such modification, 
as outlined in Exhibit 1 and 2 attached hereto and by this reference fully 
incorporated herein. These modifications to the California Building 
Standards Code, incorporating the international codes are reasonably 
necessary due to the local climate, characterized by hot, dry summers and 
the high potential for seismic activity which make structures particularly 
vulnerable to rapidly spreading fires and structural damage.

SECTION 12. 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 13. This Ordinance shall take effect thirty days following its 
adoption as provided by Government Code Section 36937.

SECTION 14. 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. 

SECTION 15. 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 16. The City Clerk shall file a certified copy of this Ordinance 
with the California Building Standards Commission.

PASSED, APPROVED AND ADOPTED this 11th day of January, 2011

AYES: Buchanan, MacGillivray, Moran, Walsh ABSENT: Mosca

 

EXHIBIT 1