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HomeMy WebLinkAboutOrdinance #2976 ORDINANCE NO. 2976 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTERS 17 . 02, 17 . 04 , 17. 08, 17 . 12, 17 .40, 17 .44 , 17 .48, AND 17 . 60 ; AND ADDING THERETO NEW CHAPTERS 17 . 02 , 17 . 04 , 17 . 08, 17. 12, 17. 40, 17 .44, 17 . 48, AND 17 . 60 TO ADOPT THE UNIFORM ADMINISTRATIVE CODE, 1985 EDITION; THE UNIFORM BUILDING CODE, 1985 EDITION; THE UNIFORM HOUSING CODE, 1985 EDITION; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1985 EDITION; THE UNIFORM MECHANICAL CODE, 1985 EDITION; THE UNIFORM PLUMBING CODE, 1985 EDI- TION, THE NATIONAL ELECTRICAL CODE, 1987 EDI- TION, AND THE UNIFORM SOLAR ENERGY CODE, 1986 EDITION The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . Chapters 17 . 02 , 17 . 04 , 17 . 08 , 17 . 12, 17 . 40, 17 . 44 , 17 .48 and 17 . 60 of the Huntington Beach Municipal Code are hereby repealed . SECTION 2 . The Huntington Beach Municipal Code is hereby amended by adding thereto new Chapters 17 . 02 , 17 . 04 , 17 . 08, 17 . 12, 17 . 40 , 17 . 44 , 17 .48 and 17 . 60 to read as follows : 17 . 02 . 010 Adoption of the Uniform Administrative Code, 1985 edition. There is hereby adopted by the city council of the city of Huntington Beach that certain code known as the Uniform Administrative Code, compiled by the International Conference of Building Officials , being particularly the 1985 edition thereof , and the whole thereof, including appendices thereto except as hereinafter provided, of which code not less than one (1) copy has been and now is filed in the office of the clerk of the. city of Huntington Beach. Such code, and amendments thereto, is hereby adopted and incorporated, pur- suant to California Government Code sections 50022 . 2 et seq. , as fully as though set forth at length herein, to serve as the administrative, organizational and enforcement rules and regu- lations for the technical codes which regulate the site prepa- ration and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment in the City of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect, the provisions of said code, together with amendments thereto, shall be controlling within the corporate limits of the city of Huntington Beach. 17 . 02 . 020 Subsection (b) of section 201 of the Uniform Administrative Code is amended to read as follows: "Sec. 201 (b) General. Whenever the term or title ' administrative authority, ' ' responsible official, ' building official, ' 'chief inspector, ' 'code enforcement officer, ' or other similar designation is used herein or in any of the technical codes, it shall be construed to mean the deputy director, building official of the community development department, or his designated representative. " 17. 02. 030 Subsection (b) of section 301 of the Uniform Administrative Code is hereby amended to read as follows : "Sec. 301(b) Exempted Work. A permit shall not be required for the types of work in each of the separate classes of permit as listed below. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the technical codes or any other Taws or ordinances of this city. 1. Building permits. A building permit shall not be required for the following: "A. One-story detached accessory buildings used as tool and storage sheds, playhouses, private lathhouses, glasshouses, pagodas, gazebos and similar structures and uses, provided projected roof area does not exceed 120 square feet. "B. Fences not over forty-two (42) inches high. "C. Oil derricks . "D. Movable cases, counters and partitions not over 5 ' 9" high. "E. Retaining walls which do not support over two (2) feet of earth, unless supporting a surcharge or impounding flammable liquids . "F. Water tanks supported directly upon grade if the -2- 2976 capacity does not exceed 5000 gallons and the ratio of height to diameter or width does not exceed two to one. "G. Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below. ""H. Painting, papering and similar finish work. "I . Temporary motion picture, television and theater stage sets and scenery. "J. Window awnings supported by an exterior wall of Group R, Division 3 , and Group M occupancies when projecting not more than 54 inches . "K. Prefabricated swimming pools accessory to a Group R, Division 3 occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5000 gallons . "Unless otherwise provided by this code, separate plumbing, electrical and mechanical permits will be required for the above-exempted items . "2 . Plumbing permits. A plumbing permit will not be required for the following : "A. The stopping of leaks in drains , soil , waste or vent pipe, provided, however, that should any concealed trap, drain- pipe, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this code. "B. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures , nor for the removal and reinstalla- tion of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves , pipes or fixtures . "C. Repair or replacement of any plumbing fixture or ap- pliance of the same type and size and in the same location pro- vided it does not require liquefied petroleum gas or natural gas to operate. "D. Replacement of any component part of an appliance or fixture which does not alter its original approval and complies with other applicable requirements of the technical codes . 2976 -3- 3 . Electrical permits. An electrical permit shall not be required for the following : "A. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the electrical code. "B. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. "C. Temporary decorative lighting . "D. Repair or replacement of current-carrying parts of any switch, contactor or control device. "E . Reinstallation of attachment plug receptacles , but not the outlets therefor. "F. Repair or replacement of any overcurrent device of the required capacity in the same location. "G. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems . H. Taping joints . "I . Removal of electrical wiring. "J. Temporary wiring for experimental purposes in suitable experimental laboratories . "K. The wiring for temporary theater, motion picture or television stage sets . "L. Electrical wiring, devices, appliances , apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. "M. Low-energy power, control and signal circuits of Classes II and III as defined in the electrical code . "N . A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equip- ment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. _<<_ 2976 4 . Mechanical permits. A mechanical permit shall not be required for the following: "A. Any portable heating appliance. "B . Any portable ventilating equipment . "C. Any portable cooling unit . "D. Any portable evaporative cooler . "E. Any closed system of steam, hot or chilled water piping within any heating or cooling equipment regulated by the mechanical code . "F. Replacement of any component part of assembly or an appliance which does not alter its original approval and com- plies with other applicable requirements of the technical codes . "G. Any refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the technical codes . "H. Any unit refrigerating system as defined in the mechanical code. " 17 . 02 . 040 Fees . Section 304 of the Uniform Administrative Code is amended to read as follows : "Sec. 304(a) Permit Fees. The fee for each permit shall be established by resolution of the city council . "The determination of value or valuation under any of the provisions of these codes shall be made by the building offi- cial . The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators , fire-extinguishing systems and any other permanent equipment . " (b) Plan Review Fees. When a plan or other data is required to be submitted by subsection (b) of section 302 , a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee for build- ings or structures shall be established by resolution of the city council . " (c) Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of ap- _,_ 2976 plication shall expire automatically, and plans and other data submitted for review may thereafter be returned to the appli- cant or destroyed by the building official . The building offi- cial may extend the time for action by the applicant in incre- ments of 180 days subject to the following conditions : "l . The applicant shall submit a written request every 180 days statingthe reason for such extension, accompanied by a plan check extension fee, established by resolution of the city council . "2 . Any plans that remain in plan check over 360 days shall be revised to meet all requirements in existence at the time the permit is issued. "3 . Any alterations to the plan shall be reviewed by plan check personnel on an hourly fee as established by resolution of the city council . "4 . Under no conditions may a plan remain in plan check over 720 days . " (d) Investigation Fees. Where work for which a permit is required by this code is started or proceeded with prior to obtaining said permit, the total permit fee shall be the stand- ard permit fee as required in subsection (a) hereof plus an investigation fee established by resolution of the city coun- cil . The payment of the investigation fee shall not exempt any person from compliance with the provisions of this code or from any other penalty prescribed by law. " (e) Special Service Fee. At the request of an appli- cant , the building official may authorize the performance of special services not otherwise required by this code or in- cluded in the schedule of fees as specified in this section. The fee for any such special service shall be set by resolution of the city council . " (f) Certificate of Occupancy Fee. Whenever an applica- tion is made for a certificate of occupancy, a processing fee for the certificate of occupancy in an amount established by resolution of the city council shall be paid to the city. This fee shall be in addition to all other required fees . If subse- quent review of the application shows that the certificate of occupancy cannot be issued, the fee shall be retained by the city as a processing fee. " (g) Change of Occupancy Inspection Fee. Whenever it is necessary to inspect a building or premises in order to deter 2976 -6- mine if a change may be made in the character of occupancy or use of the building or premises which would place the building in a different division of the same group of occupancy or in a different group of occupancy, a change of occupancy inspection fee, established by resolution of the city council, shall be paid to the city. " (h) Fee Refunds. 1 . The building official may author- ize the refund of any fee paid hereunder which was collected erroneously. "2 . Except for a processing fee, the building official shall authorize the refund of a plan check fee when an application for a permit for which a plan check fee was paid is withdrawn or cancelled before any plan check is done . "3 . When no work has commenced under a permit issued in accordance with this code and such permit is less than 180 days old, the building official shall authorize the refund of all fees except processing, plan check and conservation fees . "The building official shall not authorize the refund of any fee paid except upon written request of the original applicant or permittee. " " (i) Acceptance of. Evidence of Indebtedness . The building official may accept evidence of indebtedness from the city' s redevelopment agency for payment of fees , payable here- under , in a form approved by the city attorney. " 17 . 02 . 050 Subsection (h) of section 305 of the Uniform Administrative Code is hereby amended to read as follows : "Sec. 305(h) Reinspections . A reinspection fee may assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. "This subsection is not to be interpreted as requiring re- inspection fees the first time a job is rejected for failure to comply with the requirements of a technical code, but is de- signed to control the practice of calling for an inspection before a job is ready for inspection or reinspection. "Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection was requested, or for deviating from plans approved by the building official . 2976 -7- "To obtain a reinspection, the applicant shall file a writ- ten application therefor upon a form furnished for that pur- pose, and pay a reinspection fee established by resolution of the city council . "In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. " 17 . 02 . 060 Subsection (d) of section 308 of the Uniform Administrative Code is hereby amended to read as follows : "Sec. 308(d) Temporary Certificate. The building of- ficial may issue a temporary certificate of occupancy, and au- thorize the release of utilities and the occupancy of a build- ing or structure, or portion thereof , prior to the completion of a building or development project, upon receipt of a written request , subject to the following : " l . The building official has determined that no hazard exists to life or property. "2 . A cash deposit to guarantee completion of required improvements has been deposited with the city in a form accept- able to the director of finance and in an amount equal to 150 percent of the estimated cost to complete such improvements , as determined by the building official . "3 . Payment of a nonrefundable, temporary certificate fee, established by resolution of the city council . "4 . An agreement in a form approved by the city attorney, signed by the owner or the prime contractor which shall contain the following : " (a) A statement of the improvements necessary and that the improvements will be completed within the time specified by the building official but not longer than sixty (60) days . " (b) Authorization for the city to enter the property and complete the work specified without additional notice to the owner in the event the work is not completed within the time specified . " (c) A statement that the cost of such work shall be paid from the cash deposit of the applicant and such cost shall include reasonable administrative costs incurred by the city when such work covered by the deposit is completed by the city. 2976 -U- " (d) Refund of Cash Deposit. If the improvements re- quired are completed within the time specified in the agree- ment, the deposit shall be automatically refunded. "5 . The building official shall revoke the temporary occu- pancy certificate upon failure to comply with the terms and provisions of the agreement . " 17 . 04 . 010 Title. This chapter shall be known as the "Huntington Beach Building Code, " may be cited as such, and will be referred .to herein as "this code . " 17 . 04 . 020 Adoption of the Uniform Building Code, 1985 edi- tion. There is hereby adopted by the city council of the city of Huntington Beach that certain code known as the Uniform Building Code, compiled by the International Conference of Building Officials , being particularly the 1985 edition there- of, and the whole thereof, including appendices thereto except as hereinafter provided, of which code not less than one ( 1) copy has been and now is filed in the office of the city clerk. of the city of Huntington Beach. Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code sections 50022 . 2 et seq. , as fully as though set forth at length herein, for the purpose of regu- lating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the city of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be control- ling within the corporate limits of the city of Huntington Beach. 17 . 04 . 030 Chapters 1 through 3 of the Uniform Building Code are hereby deleted. 17 . 04 . 040 Division 2 of section 1101 of the Uniform Building Code is amended to read: "Division 2 . Fences , tanks, towers, and swimming pools . " 17 . 04 . 050 Chapter 11 of the Uniform Building Code is amended by adding thereto new section 1107 to read as follows : "Sec. 1107(a) Definition. A swimming pool is any body of water having a depth exceeding eighteen (18) inches at any point, constructed, fabricated or installed for swimming, 2976 -9- bathing or wading purposes . " (b) Fencing. Every person in possession or control of land within the city, either as owner, purchaser under con- tract, lessee, tenant or licensee, upon which is situated a swimming pool , shall at all times maintain on the lot or prem- ises upon which such pool is located and completely surrounding such pool, lot or premises, a substantial fence or wall not less than five (5) feet in height, measured from ground level on the exterior side of the fence or wall . "Gates or doors shall be provided with self-closing and self-latching devices capable of keeping such gates or doors securely latched . Such self-latching devices shall be located not less than five (5) feet above exterior grade or at another equally inaccessible location. "A dwelling or appurtenant structure may be used as a part of the required enclosure. "The safety fencing, all self-closing and self-latching devices required by this section, shall be installed and in proper working order before any water is placed in the pool . "The building official may alter or waive these require- ments when, in his opinion, they are impractical due to proxim- ity of pool to other bodies of water such as lagoons and chan- nels . " (c) Cash Bond. Before any permit is issued for any swimming pool a cash bond in the amount of three hundred dol- lars ($300) shall be posted with the city. The bond shall be for the purpose of assuring that all construction materials are removed from the public streets; that any damage to any curb, gutter, sidewalk, street, wall or other public property is re- paired; and that the required safety fencing and related de- vices are installed and in proper working order . In the event the above work is not properly done, the cash bond shall be forthwith and summarily forfeited to the city. Unless the bond has been so forfeited, it shall, upon final inspection and ap- proval of the installation, be returned to the person who posted the bond . "EXCEPTION: where no mechanical equipment is used for excavation and no materials are stored in the street, the building official may waive the cash bond requirement . " (d) Equipment Slab. Pool equipment shall be installed on a concrete slab two (2) inches above ground level . 2976 -1C- " (e) Hydrostatic Devices. In areas of anticipated high water table, an approved hydrostatic relief device shall be installed. "EXCEPTION: pools having no structural bottom such as plastic-lined pools, need not be equipped with such re- lief device. " 17. 04 . 060 Section 2623 of the Uniform Building Code is amended to read as follows : "Sec. 2623 . All concrete floor slabs on grade shall have a minimum net thickness of 3 1/2 inches, and shall be provided with minimum reinforcing equal to 6 x 6-W1 .4 x W1. 4 welded fabric. When such slabs are to be covered with carpet or any floor covering they shall be separated from the ground by 2" clean sand over an approved vapor barrier . " 17 . 04 . 070 Section 3802 of the Uniform Building Code is amended by adding subsection (h) to read as follows : "Sec. 3802(h) For additional sprinkler requirements , see Chapter 17 . 56 (Uniform Fire Code) of this code. " 17 . 04 . 080 The Uniform Building Code is hereby amended by adding thereto new Chapter 41 entitled, " Building Security, " to read as follows : "Sec. 4101. Purpose. The purpose of this chapter is to establish minimum standards of construction for protection against unlawful entry. "Sec. 4102. Scope. The provisions of this chapter shall apply to all new construction for which building permits are issued after February 29 , 1976 . "Sec. 4103 . Limitations. No provision of this chapter shall impose or be construed as imposing any requirements con- trary to those contained in Chapter 33 of the Uniform Building Code . "Sec. 4104 . Alternative Security Provisions. When approved by the chief of police, the fire chief and the build- ing official, site security systems may be provided in lieu of the specific security provisions of section 4111, ' Garages--Multiple dwellings . ' "Sec. 4105. Definitions. For the purpose of this chapter, certain terms used herein are defined as follows : 2976 -11.- Cylinder guard' means a hardened ring surrounding the exposed portion of the lock cylinder or other device which is so fastened as to protect the cylinder from wrenching, prying, cutting or pulling by attack tools . " 'Deadlocking latch' means a latch in which the latch bolt is positively held in the projected position by a guard bolt , plunger or auxiliary mechanism. " 'Dead bolt ' means a bolt which has no automatic spring action and which is operated by a key cylinder, thumb turn, or level , and is positively held fast when in the projected posi- tion. " ' Latch' means a device for automatically holding a door shut after being closed. " ' Light ' means any glazed opening whether glazed with glass , plastic, metal, wood or composition sheets or panels , or similar materials , and shall include windows, skylights, view ports or view panels and similar openings . "Sec. 4106. Tests. (a) Sliding Glass Doors . Panels shall be closed and locked. Tests shall be performed in the following order : " (1) Test 'A. ' With the panels in the normal position, a concentrated load of three hundred (300) pounds shall be ap- plied separately to each vertical pull stile incorporating a locking inches oc device at a Dint on the stile within six 6 c es 9 p ( ) of the locking devices , in the direction parallel to the plane of glass that would tend to open the door . " (2) Test ' B . ' Repeat above Test 'A' while simultaneously adding a concentrated load of 150 pounds to the same area of the same stile in a direction perpendicular to the plane of glass toward the interior side of the door. " (3) Test 'C. ' Repeat above Test ' B ' with 150 pound force in the reversed direction toward the exterior side of the door . " (4) Tests 'D, ' 'E ' and ' F. ' Repeat Tests 'A, ' ' B ' and 'C' with the movable panel lifted upwards to its full limit within the confines of the door frame. " (b) Sliding Glass Windows . Sash shall be closed and locked . Tests shall be performed in the following order : "l . Test 'A. ' With the sliding sash in the normal posi- 2976 -12- tion, a concentrated load of 150 pounds shall be applied sepa- rately to each sash member incorporating a locking device, at a point on the sash member within six (6) inches of the locking device, in the direction parallel to the plane of glass that would tend to open the window. "2 . Test 'B. ' Repeat above Test `A' while simultaneously adding a concentrated load of seventy-five (75) pounds to the same area of the same sash member in the direction perpendic- ular to the plane of glass toward the interior side of the window. "3 . Test 'C. ' Repeat above Test ' B ' with the seventy-five (75) pound force in the reversed direction toward the exterior side of the window. "4 . Tests 'D, ' 'E ' and ' F. ' Repeat above Tests 'A, ' ' B ' and ' C ' with the movable sash lifted upwards to its full limit within the confines of the window frame . "Sec. 4107. Entry Vision. All main or front entry doors to R occupancies shall be arranged so that the occupant has a view of the area immediately outside without opening the door . Such view may be provided by a door viewer or view port or by window or other opening located and constructed as re- quired by this chapter . Such area shall be provided with a light . "Sec. 4108 . Doors. (a) General. A door forming a part of the enclosure of a dwelling unit or of an area of a building occupied by one tenant shall be constructed, in- stalled, and secured as set forth in this section. " (b) Swinging Doors. "l . Swinging wooden doors which can be opened from the inside without using a key shall be of solid core construction or shall be covered on the inside face with sixteen (16) gauge sheet metal attached with screws at six (6) inch maximum cen- ters around the perimeter or equivalent . Lights in doors shall be as set forth in this chapter . "2 . A single swinging door, the active leaf of a pair of doors , and the bottom leaf of Dutch doors shall be equipped with a dead bolt and deadlocking latch. The dead bolt and latch may be activated by one lock or by individual locks . Dead bolts shall contain hardened inserts , or equivalent, de- signed to repel cutting tool attack. The loch or locks shall be key operated from the exterior side of the door and engaged i i i t 2976 j -13- 6 or disengaged from the interior side of the door by a device which requires no key, special knowledge or effort. "3 . A straight dead bolt shall have a minimum throw of one (1) inch and the embedment shall be not less than five-eighths (5/8) inch into the holding device receiving the projected bolt, a hook shape or expanding lug dead bolt shall have a minimum throw of three-fourths (3/4) inch. All dead bolts of locks which automatically activate two (2) or more dead bolts shall embed at least one-half (1/2) inch but need not exceed three-fourths (3/4) inch into the holding devices receiving the projected bolts. " operated from EXCEPTION Locks may be key, or otherwise, ope t the inside when not prohibited by Chapter 33 of the Uniform Building Code or other laws and regulations . " "4 . A deadlocking latch shall be provided with a bolt projecting not less than five-eighths (5/8) inches from the edge of the door in which it is installed. "5 . The inactive leaf of a pair of doors and the upper leaf of Dutch doors shall be .equipped with a dead bolt or dead bolts as set forth in subsection (b) (2) above. "EXCEPTIONS: "l. The bolt or bolts need not be key operated but shall not be otherwise activated, from the exterior of the door . "2 . The bolt or bolts may be engaged or disengaged automatically with the dead bolt or by another device on the active leaf or lower leaf . "3 . Manually-operated hardened bolts at the top and bottom of the leaf and which embed a minimum of one-half (1/2) inch into the device receiving the projected bolt may be used when not prohibited by Chapter 33 of the Uniform Building Code or other laws and regulations . "6 . Doorstops on wooden jambs for in-swinging doors shall be of one piece of construction with the jamb or joined by a rabbet. "7. Nonremovable pins shall be used in pin-type hinges which are accessible from the outside when the door is closed. "8. Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed in doors whenever the cylinder projects beyond the face of the door or when otherwise accessible to gripping tools . "9 . Unframed glass doors shall be of fully tempered glass not less than one-half (1/2) inch thick. -14- 2976 10 . Narrow-framed glass doors shall be of fully tempered glass not less than one-quarter (1/4) inch thick. " (c) Sliding Glass Doors. Sliding glass doors shall be equipped with locking devices and shall be so installed that they remain intact and engaged when subjected to tests speci- fied in this chapter . Movable panels shall not be rendered easily opened or removed from the frame during or after the tests . Cylinder guards shall be installed on all mortise or rim-type -cylinder locks installed in doors whenever the cylin- der projects beyond the face of the door or is otherwise acces- sible to gripping tools . "Sec. 4109 . Windows and Similar Openings . (a) Gen- eral. Windows , skylights, or other similar openings in which glass is utilized in dwelling units or portions of buildings shall be constructed, installed and secured as set forth in this section when located less than sixteen (16) feet above any surface available for use by the public . " (b) Materials . Only fully-tempered glass , of approved burglar-resistant material, or approved metal bars , screens , or grills shall be used for any opening in which glass is utilized which is located within forty (40) inches of the locking device on a door . " (c) Locking Devices . Locking devices which cannot be disassembled or disengaged when subjected to the tests pre- scribed in this chapter shall be provided on all sliding glass windows . Sliding glass panels shall not be easily opened or removed from the window frame during or after the tests . " (d) All windows which are designed to be opened shall be provided with locking devices as required by this section to make the building as secure as possible. " (e) Louvers. Louvered windows (except those in R occupancies, located more than twelve (12) feet above any surface which is available for use by the public) shall be pro- tected by approved metal bars, grills or screens , and when closed, can only be opened from the inside by means of a me- chanical device. "Sec. 4110. Other Openings. (a) General . Openings other than doors and windows which are utilized in dwelling units or portions of buildings the bottoms of which are less than sixteen (16) feet above a surface available for use by the public, shall be constructed as set forth in this section. -15- 2976 " (b) Hatchways, Scuttles and Similar Openings. 1. -Sol- id wooden hatchways less than one and three-fourths (1 3/4) inches thick shall be covered on the inside with sixteen (16) gauge sheet metal attached with screws at six (6) inch maximum centers around the perimeter, shall be secured from the inside with a slide bar, slide bolts, and/or padlock with hardened steel shackle, and non-removable pins shall be used in all out- side pin-type hinges . "2 . All other openings in excess of ninety-six (96) square inches with a dimension in excess of eight (8) inches shall be secured by metal bars, screens, or grills in an approved manner . "Sec. 4111. Garages--Multiple Dwellings. Whenever a development includes three (3) or more dwelling units, all covered parking required by other provisions of the Huntington Beach Ordinance Code shall be provided by fully-enclosed ga- rages . Garage space for each tenant shall be separated. by par- titions of three-eighths (3/8) inch plywood or any _approved . equivalent with studs set not more than twenty-four (24) inches apart on one side. Doors and windows in such garages shall be constructed, equipped and secured as required by this chapter . " 17 .`04 . 090 Amendments to appendices . The Uniform Building Code is hereby amended by deleting from the appendices Chapters 1, 12, 23 , 32, 35, 38, 51, 53 and 57 . 17 . 04 . 100 Stockpile. "STOCKPILE" shall be defined as earth material in excess of 50 cubic yards stored for a tempo- rary period of time upon a lot not in compliance with the grading provisions of this chapter . 17 . 04 . 110 Appendix Chapter 70 , section 7006(h) . Sub- section (h) is hereby added to section 7006 of Appendix Chapter 40 to read as follows : "Sec. 7006(h) Temporary Stockpile Permit. The city may issue a permit to stockpile soil on a lot or parcel upon the submission of an an application for a temporary stockpile grading permit by the owner of such lot or his authorized agent . A site plan of the lot showing the area in which the stockpile is to be placed and the approximate amount of soil to be stockpiled shall be required. "Soil so stockpiled shall not be disturbed or leveled until a regular grading permit has been obtained for such work. The placement of the stockpile shall not adversely af- fect the safety, use, or stability of any structure, nor create a nuisance because of dust or erosion therefrom, nor block a 2976 -16- t public way or drainage course; nor shall such placement of stockpile material constitute a hazard to public welfare or endanger property. Stockpiling in a residential zone may be permitted under this section for purposes of providing fill material to be used on-site only. Stockpiling in residential zones for purposes of selling of material shall be prohibited. "The temporary permit shall expire one (1) year after issuance thereof . A new permit shall be required annually. "Stockpile Permit Fee. The permit fee for stockpiling shall be established by resolution of the city council . " 17 . 08 .010 Title. This Uniform Housing Code shall be known as and referred to as the "Huntington Beach Housing Code. " 17 . 08 . 020 Adoption. There is adopted by the city council by reference that certain code known as the Uniform Housing Code, 1985 edition, and the whole thereof. The purpose of such code is to arrest, remedy and prevent the decay and` deteriora- tion of places of habitation and to eliminate slums and blighted neighborhoods by providing minimum requirements for places of habitation for the protection of life, health, wel- fare, safety and property of the general public and of the owners and occupants of places of habitation in the city; to provide for the issuance of permits and collection of fees therefor; and to provide penalties for the violation thereof, and repealing all ordinances and parts of ordinances in con- flict herewith, of which code not less than one (1) copy has been and now is on file in the office of the city clerk, and the same is adopted and incorporated as fully as though set out at length herein, as provided by California Government Code sections 50022 . 2 et seq. . From the date on which this chapter takes effect,- the provisions of said code together With amend- ments thereto shall be controlling within the corporate limits of the city of Huntington Beach. 17 . 08 . 030 Section 201 of the Uniform Housing Code is hereby amended to read as follows: "Sec. 201(a) Authority. The building official is hereby authorized and directed to enforce all of the provisions of this code, and the health officer will enforce those por- tions of this code which apply to sanitation, maintenance, ven- tilation, use or occupancy. For such purposes, they shall have the powers of a law enforcement officer . " (b) Right of Entry. Whenever necessary to make an in- spection to enforce any of the provisions of this code, or 2976 -17- whenever the building official, the health officer, or their authorized representatives have reasonable cause to believe that there exists in any building or upon any premises, any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official, the health officer, or their authorized representatives may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official or the health officer by this code, provided that if such building or premises be occupied, they shall first present proper credentials and request entry; and if such building or premises be unoccupied, they shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official, the health officer, or their authorized representatives shall have recourse to every remedy provided by law to secure entry. "When the building official, the health officer, or their authorized representatives shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to permit entry promptly therein by the building official, the health officer, or their authorized representatives, for the purpose of inspection and examination pursuant to this code. " 17. 08 . 040 Section 203 of the Uniform Housing Code is hereby amended to read as follows : "Sec. 203 . Whenever in this code the term 'Housing Advisory and Appeals Board' appears, it shall be deemed to mean and to read 'board of appeals, ' as established by section 204 of the Uniform Administrative Code. " 17. 12 . 010 Adoption There is hereby adopted by the city council by reference that certain code known as the Uniform Code for Abatement of Dangerous Buildings, 1985 edition, and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended, for the purpose of provided a just, equitable and practicable method, to be cumu- lative and in addition to any other remedy provided by the Uniform Building Code, 1985 edition, or Uniform Housing Code, 1985 edition, or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general pub- lic or their occupants, may be required to be repaired, vacated or demolished; providing penalties for the violation of such 18. 2976 code, and repealing all ordinances and parts of ordinances in conflict therewith, of which code not less than one (1) copy has been and now is on file in the office of the city clerk of the city. of Huntington Beach, and the same is hereby adopted and incorporated as fully as though set out at length herein, as provided by California Government Code sections 50022 .2 et seq. From the date on which this chapter takes effect, the provisions of said code together with amendments thereto shall be controlling within the corporate limits of the city of Huntington Beach. 17 . 12 . 020 Section 402 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows : "Sec. 402. At the time notice and order is served, the building official may file in the office of the county recorder a certificate describing the property and certifying that the building is a dangerous building and the owner has been so no- tified. Whenever the corrections ordered shall have been com- pleted, or the notice and order reversed or modified by the appeals board upon appeal, or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the building official shall forthwith file a new certificate with the county recorder that the building has been demolished or removed, or is no longer dangerous . " 17 12 030 Application--Redevelopment project areas . The provisions of this chapter shall apply to all buildings, as herein defined, which are now in existence or which may here- after be constructed in the city; provided, however, that if the council has designated an area as a redevelopment project area and the council has included, as a part of the redevelop- ment plan for such area, standards which include the Uniform Code for the Abatement of Dangerous Buildings, then' the provi- sions of such code shall apply as set forth in the redevelop- ment plan. Provided, further, the provisions of the Uniform Code for the Abatement of Dangerous Buildings shall apply in the manner set forth in such code even in the redevelopment area wherever there exists, in the opinion of the building official, conditions which constitute a fire hazard or an active or immediate hazard to the life, limb, health, morals property, safety or general welfare of the occupant or of the public. 17.40 . 010 Adoption. There is hereby adopted by the city council of the city of Huntington Beach that certain code known as the Uniform Mechanical Code, 1985 edition, and the whole thereof, including appendices but excluding chapters 1 through -19- 2976 3 thereof, compiled by the International Association of Plumbing and Mechanical Officials and International Conference of Building Officials, of which code not less than one (1) copy has been . and now is on file in the office of the city clerk of the city of Huntington Beach. Such code, and amendments there- to, is hereby adopted and incorporated, pursuant to California Government Code sections 50022 .2 et seq. , as fully as though set forth at length herein, for the purpose of protecting pub- lic health and safety by prescribing by minimum standards for the use, design and installation of heating, ventilating, comfort-cooling equipment and refrigeration systems; by re- quiring a permit and inspection for the installation, altera- tion and replacement of said equipment, by providing for the administration and enforcement of such requirements; and pre- scribing 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 .40 . 020 Title. This chapter shall be known as the "Huntington Beach Mechanical Code, " may be cited as such, and will be referred to herein as "this code. " 17 .44 . 010 Adoption. There is hereby adopted by the city j` council of the city of Huntington Beach that certain code known as the Uniform Plumbing Code, compiled by the International Association of Plumbing and Mechanical Officials, being the 1985 edition, and the whole thereof, including the standards but excluding Appendix C and Part 1, "Administration, " of which code not less than one (1) copy has been and is now filed in the office of the city clerk of the city of Huntington Beach. Such code, and amendments thereto, is hereby adopted and incorporated, pursuant to California Government Code sec- tions 50022 . 2 et seq. , as fully as though set forth at length herein for the purpose of prescribing regulations governing the installation, alteration, repair and maintenance of plumbing and drainage systems . From the date on which this chapter takes effect, the provisions of said code, together with amend- ments thereto, shall be controlling within the corporate limits of the city of Huntington Beach. 17 .44 . 020 Title This chapter shall be known as the "Huntington Beach Plumbing Code, " may be cited as such, and will be referred to herein as "this code. " 17 .48 . 010 Adoption. There is hereby adopted by the city council of the city. of Huntington Beach that certain code known as the National Electrical Code, 1987 edition, published by the National Fire Protection Association, of which code not less -20- 2976 ( than one (1) copy has been and is now on file in the office of the city clerk of the city of Huntington Beach. Such code is hereby adopted and incorporated pursuant to Government Code sec- tions 50022 .2 et seq. and Health and Safety Code section 17958, for the purpose of prescribing regulations governing the in- stallation, alteration, repair and maintenance of all electri- cal installations in the city of Huntington Beach, and re- pealing all ordinances and parts of ordinances in conflict therewith. From the date on which this chapter takes effect, the provisions of said code, together with amendments thereto, shall be controlling 'within the corporate limits of the city of Huntington Beach. 17 .48 . 020 Title. This chapter shall be known as the "Huntington Beach Electrical Code, " may be cited as such, and will be referred to herein as "this code. " 17 48 030 Section 110-5 amended--Aluminum conductors . All articles and sections of this code allowing the use of aluminum conductors shall be subject to the limitation that aluminum conductors smaller than No . 6 AWG shall not be used. 17 .48 , 040 Section 250-83 amended--Made and Other Electrodes . Electrodes described in section 250-83 shall not be used except those which are listed and approved for the local soil conditions . The amendment does not apply to temporary power construction poles . 17 .48 050 Sections 331-3 , 336-3 and 339-3 amended. Sec- tions 331--3 , 336-3 and 339-3 are amended to read as follows: "Uses Permitted or Not Permitted. Type NM or NMC cable, and Type OF cable shall not be used in any building(s) except in one and two-family dwellings, and in multifamily,dwellings where the multifamily dwellings do not exceed three (3) stories in height, as described in section 336-3 . " 17 48 060 Section 348-1 amended--Use of electrical metal- lic tubing. Section 348-1 is hereby amended to read as follows : "Section 348-1--Use. The use of electrical metallic tubing shall be permitted for both exposed and concealed work. Electrical metallic tubing shall not be used: (1) where, during installation or afterward, it will be subject to severe physical damage; (2) where protected from corrosion solely by enamel; (3) in cinder concrete or cinder fill where subject to permanent moisture; (4) where exposed to the earth or in the earth. Where practicable, dissimilar metals in contact any- where in the system shall be avoided to eliminate the possi- -21- 2976 bility of galvanic action. Where exposed to the we"ather, elec- trical metallic tubing fittings shall be approved for the at- mosphere. The tubing and fittings shall comply with section 300-6 . " 17 48 070 Articles 345 and 346--Intermediate Metal Conduit and Rigid Metal Conduit. Intermediate metal conduit and rigid metal conduit shall not be used in the earth or ground except when the conduit(s) and its or their associated fitting(s) are triple half-lapped with 40 mil weatherproof tape or its equivalent. 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 par- ticularly the 1986 edition thereof and the whole thereof, ex- cluding the appendix, of which code not less than one (1) copy has been and is now on file in the office of the city clerk. Such code, and amendments thereto, is hereby adopted and incor- porated pursuant to California Government Code sections 50022 . 2 et seq. 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 in- stallation, alteration and replacement of said equipment; by providing for administration and enforcement of such require- ments ; 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. " r' SECTION 3 . If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the va- lidity of the remaining portions of this ordinance. The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof , and amendments thereto, irrespective of the fact that any one or more sec- -22- 2976 tions, subsections, sentences, clauses , phrases , or portions or amendments be declared invalid or unconstitutional . SECTION 4 . The provisions of this ordinance, insofar as they are the same as existing provisions of the Huntington Beach Municipal Code relating to the same subject matter , shall be construed as restatements and continuations and not as new enactments . SECTION 5 . This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of December , 198 8 , C-7 Mayor ATTEST: APPROVED AS TO FORM: City Clerk f City to n REVIEWED AND APPROVED: INITIATED AND PROVED: cro7l��2_ 114, V"� City Administrator Dire for o Community Development -23- 2976 Ord, No. 2976 STATE OF CALIFORNIA ) COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH I, CONNIE BROCKWAY, 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 therof held on the 7th day of November 19 88 , and was again read to said City Council at a regular meeting therof held on the 5th day of December , 19 88 , and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine NOES: Councilmembers: None ABSENT: Councilmembers: None f, Connie Brodwjay, CITY Clerk of the City of FRfttgton BeeM and ex-o*Jo Cte*of the City Coerd,do hereryj►comfy OW a synopsis of 06 orr"nce has bowl pOdW in tM on 1 ,19 9 City Clerk and ex-officio Clerk laid of the City Council of the City of Huntington Beach, California rrrrrrw�w nrrr�rrwwj.O�r J/,/ r�r�.pr��\.� OWNWC