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HomeMy WebLinkAboutOrdinance #2178 ORDINANCE NO. 2178 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO CHAPTER 17. 60, ENTITLED: "SOLAR ENERGY CODE" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding thereto new Chapter 17. 60 to read as follows : Chapter 17. 60 SOLAR ENERGY CODE 17 . 60. 010 Adoption. There is hereby adopted by the city council of the city of Huntington Beach that certain code known as the Uniform Solar Energy Code, compiled by the International Association of Plumbing and Mechanical Officials, being particularly the 1976 edition thereof, and the whole thereof, excluding the Appendix thereof, of which code not less than three (3) copies have been and now are on file in the office of the city clerk. Such code, and amendments thereto, is hereby adopted and incorporated, pursuant to Section 50022. 2 et seq. of the California Government Code, as fully as though set out at length herein, for the purpose of protecting public health and safety by prescribing minimum standards for the use, design and installation of solar energy systems; by requiring a permit and inspection for the installation, alteration and replacement of said equipment; by providing for the administra- tion and enforcement of such requirements; and prescribing penalties for violations thereof. From the date on which this chapter takes effect , the provisions thereof shall be controlling within the corporate limits of the city of Huntington Beach. 17. 60 . 020 Title. This chapter shall be known as the "Huntington Beach Solar Energy Code, " may be cited as such, and will be referred to herein as "this Code . " 17. 60 . 030 Section 20 .13 amended-- Board of Appeals . Section 20. 13 of the Uniform Solar Energy Code is amended to read as follows : "Sec . 20.13. Board of Appeals . The Board of Appeals shall be that Board of Appeals as established by the Huntington Beach Building Code and shall have the authority, powers and duties as set forth therein. " JOC:.er 1. 11. 10 . 111 Section 20 . 3 amended--Violations and Penalties . Section 20 . 3 of the Uniform Solar Energy Code is amended to read as follows : "Sec. 20 . 3 Violation and Penalties . Any person, firm or corporation violating any provisions of this Code shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Five Hundred Dollars ($500) or by imprisonment in the county jail for not to exceed six (6 ) months , or both fine and imprisonment . Each separate day or any portion thereof during which any violation of this Code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorized is lawful. "The issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans and specifica- tions or from preventing construction operations being carried on thereunder when in violation of this Code or of any other ordinance or from revoking any certificate of approval when issued in error. "Every permit under the provisions of this Code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within one hundred twenty (120) days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty (120 ) days . Before such work can be recommenced, a new permit shall be first obtained, and the fee shall be one-half the amount required for a new permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one (1) year. " 17. 60. 050 Permit--Issuance . No permit to do or cause to be done any work regulated by this Code shall be issued to any person other than a person holding a valid Contractor' s License as provided in Chapter 9 of the California Business and Professions Code . EXCEPTIONS : (a) Any permit required by this Code may be issued to any person to do work regulated by this Code in a single family dwelling used exclusively for living purposes , including the usual accessory buildings and quarters in connection with such 2 . buildings provided such person is the bona fide owner of such dwelling and accessory buildings, that the same are occupied by said owner, and that said owner shall purchase all material and shall personally perform all labor in connection therewith. (b) Any permit required by this Code may be issued to an owner of property, building or improving structures thereon, or appurtenances thereto, who does such work himself or through his regular employees with wages as their sole compensation; provided that such owner of property or employees are found by the administrative authority to be qualified to supervise and direct solar energy installations, as specified in Section 17. 48. 200. 17. 60 . 060 Section 20 . 6 amended--Cost of Permit. Section 20 .6 of the Uniform Solar Energy Code is amended to read as follows : "Sec . 20.6 . Cost of Permit . Every applicant for a permit to do work regulated by this Code, shall state in writing on the application form provided for that purpose, the character of work proposed to be done and the amount and kind in connec- tion therewith, together with such information, pertinent thereto, as may be required. "Such applicant shall pay for each permit at the time of issuance, a fee in accordance with the following schedule, and at the rate provided for each classification shown herein. "Any person who shall commence any work for which a permit is required by this Code without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay an investigation fee in the manner and amount as provided in the Huntington Beach Building Code for investigation fees, pro- vided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the admin- istrative authority that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit . an investigation fee as herein provided, shall be charged. " 17. 60 . 070 Refund of fees . When construction authorized by a permit is not begun and no inspections have been made, the building offical shall, upon written request from the permittee, make refund of fees subject to the following limitations : (a) No refund of fees shall be made of the basic issuance fee of Three Dollars ($3) . (b ) No refund of fees or any part thereof shall be made for any permit which has expired as provided in Section 20. 3. 3 . 17. 60 . 080 Section 103 amended--Defintions . Section 103 of the Uniform Solar Energy Code is amended to read as follows : "Sec . 103. Definitions . (a) 'Building' shall mean a structure built, erected, and framed of component structural parts designed for the housing, shelter, enclosure, or support of persons , animals , or prop- erty of any kind. (b) 'Building Code ' is the Huntington Beach Building Code . (c) 'Building Official ' is the director of building and community development, or his regularly authorj_zed deputy. " SECTION 2 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly news- paper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the list day of March, 1977• ATTEST: Alicia M. Wentworth City Clerk Mayor Deputy City Clerk REVIEWED AND APPROVED: APPRO D AS TO FORM: ity Administrator ty A ey INITIATED AND APPROVED AS TO CONTENT: 4 . Ord. No. 2178 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 22nd day of February 19 77 , and was again read to said City Council at a regular meeting thereof held on the 21st day of March , 19 77 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett, Coen, Gibbs, Pattinson, Shenkman, Siebert, Wieder NOES: Councilmen: None ABSENT: Councilmen: None Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By Deputy City Clerk 1, Alicia m. Wentworth CITY CLERK of the City of Huntin crr re "" ord ex-officio Clerk of the City Council. c5 r ,ry ti.at this ordinance has been pu ,jntirqton Seach Nevis on ig I c _ ',`_y ;:harder of said City. A�!CIA_ M. �W�ENTWORTH- _city Clerk Deputy i Y Clerk