HomeMy WebLinkAboutOrdinance #3421 ORDINANCE NO. 3421
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 17.02 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE UNIFORM ADMINISTRATIVE CODE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 17.02.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.02.010 Adoption. There is hereby adopted by the City Council that certain code
known as the Uniform Administrative Code, compiled by the International Conference of
Building Officials, being particularly the 1997 edition thereof, and the whole thereof
except as herein provided. Such code, and amendments thereto, is hereby adopted and
incorporated, pursuant to California Government Code §50022.2 et seq. and Health and
Suety Code §18941.5, as fully as though set forth at length herein, to serve as the
administrative, organizational and enforcement rules and regulations for the technical
codes which regulate the site preparation and construction, alteration, proving,
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.
SECTION 2. Section 17.02.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.02.030 Section 301 Permits. Section 301 of the Uniform Administrative Code is
hereby amended to read as follows:
§ 301 Permits
§ 301.1 Permits Required. Except as specified in Section 301.2,no building,
structure or building service equipment regulated by this code and the technical
codes shall be erected, constructed, enlarged, altered, repaired, moved, improved,
removed, converted or demolished unless a separate, appropriate permit for each
building, structure or building service equipment has first been obtained from the
building official.
§ 301.2 Work Exempt From Permit. 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 laws or ordinances of this City.
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§ 301.2.1 BuildingPts. A building permit shall not be required for the
following: O
1. One-story detached accessory buildings used as tool and storage
sheds, playhouses, private Iathhouses, glasshouses, pagodas, gazebos and
similar structures and uses, provided the floor area does not exceed
one-hundred and twenty(120) square feet.
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2. Fences not over forty-two (42) inches high or architectural features
not exceeding 6'0" and not within required zoning setbacks.
3. Oil derricks and tanks.
4. Movable cases, counters and partitions not over five-foot nine
(5'9") inches high.
5. Retaining walls which do not support over two (2) feet of earth,
unless supporting a surcharge or impounding flammable liquids.
b. Water tanks supported directly upon grade if the capacity does not
exceed five thousand(5000) gallons and the ratio of height to diameter or
width does not exceed two to one.
7. Platforms, walks and decks not more than thirty(30) inches above
grade and not over any basement or story below.
8. Painting, papering, flooring, wall hangings and similar finish work.
9. Temporary motion picture, television and theater stage sets and
scenery.
10. Window awnings supported by an exterior wall of Group R,
Division 3, and Group M occupancies when projecting not more than
fifty-four (54) inches.
11. 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 five thousand (5000) gallons.
12. Flag poles, light poles and TV dishes in connection with a Group
R, Division 3 occupancy and not exceeding fifteen,(15) feet zero inches in
height.
13. Playground equipment and similar type recreational structures.
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14. Residential Cabinets and counter tops within a dwelling unit.
15. Re-roofing an area smaller than 100 square feet while satisfying all
applicable application requirements.
16. Replacement doors and windows when the waterproof membrane
is not altered and emergency egress dimensions are equal to or better than
the original permitted layout.
17. Residential driveways.
18. New roof penetrations less than 14"by 14"when no framing
modifications or additions are required.
Unless otherwise provided by this code, separate plumbing, electrical and
mechanical permits will be required for the above-exempted items.
§ 301.2.2. Plumbing Permits. A plumbing permit will not be required for the
following:
1. The stopping of leaks in drains, soil, waste or vent pipe, provided,
however, that should any concealed trap, drainpipe, 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.
2. The clearing of stoppages or the repairing of leaks in pipes, valves
or fixtures, nor for the removal and reinstallation of water closets,
provided such repairs do not involve or require the replacement or
rearrangement of valves,pipes or fixtures.
3. Repair or replacement of any plumbing fixture or appliance of the
same type and size and in the same location. Exception: Electric and fuel
gas water heaters.
4. Replacement of any component park of an appliance or fixture
which does not alter its original approval and complies with other
applicable requirements of the technical codes.
§ 301.2.3. Electrical Permits. An electrical permit shall not be required for the
following:
1. 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.
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2. Repair or replacement of fixed motors, transformers or fixed
approved appliances of the same type and rating in the same location.
3. Temporary decorative lighting.
4. Repair or replacement of current-carrying parts of any switch,
contractor or control device.
5. Reinstallation of attachment plug receptacles,but not the outlets
therefor.
6. Repair or replacement of any overcurrent device of the required
capacity in the same location.
7. Repair or replacement of electrodes or transformers of the same
size and capacity for signs or gas tube systems.
8. Taping joints.
9. Removal of electrical wiring.
10. Temporary wiring for experimental purposes in suitable
experimental laboratories.
11. The wiring for temporary theater, motion picture or television
stage sets,
12. Electrical wiring, devices, appliances, apparatus or equipment
operating at less than twenty-five (25) volts and not capable of supplying
more than fifty(50) watts of energy.
13. Low-energy power, control and signal circuits of Classes II and III
as defined in the electrical code.
14. A permit shall not be required for the installation, alteration or
repair of electrical wiring, apparatus or equipment 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.
15. Portable generators. Exception: Vehicle mounted units
§ 301.2.4. Mechanical Permits. A mechanical permit shall not be required for the
following:
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1. Any portable heating appliance.
2. Any portable ventilating equipment.
3. Any portable cooling unit.
4. Any portable evaporative cooler.
5. Any closed system of steam, hot or chilled water piping within any
heating or cooling equipment regulated by the mechanical code.
6. Replacement of any component part of assembly or an appliance
which does not alter its original approval and complies with other
applicable requirements of the technical codes.
7. Any refrigerating equipment which is part of the equipment for
which a permit has been issued pursuant to the requirements of the
technical codes.
8. Any unit refrigerating system as defined in the mechanical code.
SECTION 3. Chapter 17.02 of the Huntington Beach Municipal Code is hereby
amended by adding Section 17.02.035, said section to read as follows:
17.02.035 Permit Expiration The Uniform Administrative Code Section 303.4 is amended
to read as follows:
§ 303.4 Expiration. Every permit issued by the building official under the
provisions of the technical codes shall expire by limitation and become null and
void, if the building or work authorized by such permit is not commenced within
180 days from the date of such permit, or if the building or work authorized by
such permit is suspended or abandoned at any time after the work is commenced
for a period of 180 days. Work shall be considered suspended or abandoned if
substantial approval of one of the required progress inspections is not
accomplished every 180 days. Before such work can be recommenced, a new
permit shall be first obtained to do so, and the fee therefor 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 year.In order to renew action on a permit after expiration, the permittee shall pay a new
full permit fee.
A permittee holding an unexpired permit may apply for an extension of the time
within which work may commence under that permit when the permittee is unable
to commence work within the time required by this section for good and
satisfactory reasons. The building official may extend the time for action by the
permittee for a period not exceeding 180 days upon written request by the
permittee showing that circumstances beyond the control of the:permittee have
prevented action from being taken. Permits shall not be extended more than once.
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SECTION 4. Section 17.02.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.02.040 Fees. Section 304 of the Uniform Administrative Code is amended to read as
follows:
§ 304 --Fees
§ 304.1 -- General. The fee for each permit shall be as established by resolution
of the City Council.
§ 304.2 -- Permit Fees. The fee shall be paid at permit issuance. The standard for
determination of value or valuation under any of the provisions of these codes
shall be made by the building official. The valuation is based on the most recent
Building Valuation Data as printed in the Building Standards Magazine published
by the International Conference of Building Officials and local cost of
construction. 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.
§ 304.3 --Plan Review Fees. When a plan or other data is required to be
submitted by § 302.2, a plan review fee shall be paid. This fee shall be paid at the
time of submitting plans and specifications for plan review. Said plan review fees
shall be as established by resolution of the City Council.
When submittal documents are incomplete or changed so as to require additional
plan review or when a project involves deferred submittal items as defined in §
302.4.2, an additional plan review fee shall be charged.
§ 304.4 -- Expiration Of Plan Review. Applications for which no permit is issued
within 180 days following the date of application shall expire automatically, and
plans and other data submitted for review may thereafter be returned to the
applicant or destroyed by the building official. The building official may extend
the time for action by the applicant in increments of 180 days subject to the -
following conditions:
(1) The applicant shall submit a written request every one-hundred and
eighty(180) days stating the reason for such extension, accompanied by a
plan review extension fee, established by resolution of the City Council.
(2) Any plans that remain in plan review over three-hundred and sixty
(360) days shall be revised to meet all requirements in existence at the
time the permit is issued.
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(3) Any alterations to the plan shall be reviewed by plan review
personnel on an hourly fee as established by resolution of the City
Council.
(4) Under no conditions may a plan remain in plan review over
seven-hundred and twenty(720) days.
§ 304.5 -- Investigation Fees--Work Without A Permit. 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 standard permit fee plus an investigation
fee established by resolution of the City Council. 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.
§ 304.6 -- Special Service Fees. At the request of an applicant, the building
official may authorize the performance of special services not otherwise required
by this code or included 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.
§ 304.7 -- Certificate Of Occupancy Fee. Whenever an application 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 subsequent 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.
§ 304.8--Fee Refunds.
1. The building official may authorize the refund of any fee paid
hereunder which was collected erroneously or has special circumstances.
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
canceled before any plan review 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 not later than 180 days after
the date of fee payment.
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SECTION 5. Section 17.02.055 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.02.055 Subsection 309.1 amended--Use or occupancy. Subsection 309.1 of§ 309 of
the Uniform Administrative Code is hereby amended to read as follows:
§ 309.1--Use or Occupancy. Buildings or structures shall not be used or occupied
nor shall a change in the existing occupancy classification of a building or
structure or portion thereof be made until the building official has issued a
certificate of occupancy therefor as provided herein.
Exception: Group R, Division 1 &3 (except Hotels and Motels) and U
occupancies.
Issuance of a certificate of occupancy shall not be construed as an approval of a
violation of the provisions of this code or of other ordinances of the jurisdiction.
Certificates presuming to give authority to violate or cancel the provisions of this
code or of other ordinances shall not be valid.
SECTION 6. Section 17.02.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
17.02.060 Section 309.4 amended--Temporary certificate. Subsection 309.4 of section
309 of the Uniform Administrative Code is hereby amended to read as follows:
§ 309.4 Temporary Certificate. The building official may issue a temporary
certificate of occupancy, and authorize the release of utilities and the occupancy
of a building or structure, or portion thereof, prior to the completion of a building
or development project, upon receipt of a written request and approval of affected -
Departments, subject to the following:
(1) The building official has determined that no substantial hazard
exists to life or property.
(2) A cash deposit to guarantee completion of required improvements
has been deposited with the City in an amount equal to one-hundred and
fifty(150) percent of the estimated cost to complete such improvements,as determined by the affected department.
(3) Payment of a non-refundable, 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:
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(a) A statement of the improvements necessary and that the
improvements will be completed within the time specified but not
longer than ninety(90) days. If there are special circumstances,
the building official may authorize a longer specified time.
(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.
(d) REFUND OF CASH DEPOSIT. If the improvements
required are completed within the time specified in the agreement
or as extended, the affected department shall authorize the refund
of the deposit.
(5) The building official may revoke the temporary occupancy
certificate upon failure to comply with the terms and provisions of the
agreement.
a'3..,t y I J t 9'►'t
SECTION 7. This ordinance shall become effective
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 17th day of May 51999.
Mayor
ATTEST:
/�_ _. ��,?,�•.��,�zr�,r APPROVED AS TO FORM:
LITi erk
City Attorney 1 -
REVIEWED AND APPROVED:
INITIATED AND APPROVED:
City A mimsatrator ----
Building & Safety Director
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FINDINGS OF FACT PER 17958.7 OF THE CALIFORNIA HEALTH AND
SAFETY CODE IN SUPPORT OF AMENDMENTS TO THE BUILDING
STANDARDS CONTAINED IN THE CALIFORNL-k AND UNIFORM CODES
ADOPTED BY CITY ORDINANCES NO. 3421 THROUGH NO. 3429
ORDINANCE NO. 3421 -- 1997 UNJFOR�1 ADMINISTRATIVE CODE
• All amendments are administrative in nature and not subject to findings.
ORDINANCE NO. 3422 —1998 CALIFORNIA BUILDING CODE
• Section 1900.4.4 — Amended to require minimum slab reinforcement and a vapor
barrier.
Finding - The amendment is reasonably necessary to address the following
geological conditions:
1. Much of the city is located in historical flood plain areas and is subject to high
ground water levels.
2. Many areas of the city contain soils that are expansive when subjected to
excessive moisture.
Providing a vapor barrier beneath on-grade concrete slab floors will minimize
water intrusion. Installation of minimum on-grade concrete slab reinforcement
acts to control excessive cracking.
• Section 1503 - Amended to require wood shake and wood shingle roofs to have a
minimum Class C fire-retardant rating.
Finding - The amendment is reasonably necessary to address the following
climatic conditions:
1. The city is subject to relatively low amounts of precipitation and periods of
low humidity with high temperatures.
2. The city is subject to extremely strong winds, commonly referred to as "Santa
Ana Winds" which can reach speeds approaching 80 miles per hour.
Installation of wood shake and shingle roofs with a minimum Class C fire-
retardant rating minimizes the spread of fire due to flying brands.
• Section 904.2 - Amended automatic fire-extinguishing system requirements to refer
to Chapter 17.56 (The Fire Code).
Finding—Refer to the Fire Code finding.
• Chapter 36 Building Security— Added to address security concerns.
This amendment addresses an issue that is not a California building standard and
is not subject to findings.
+ . Chapter 55 Methane Districts - Added to address construction on or near former oil
field sites.
Finding - The amendment is reasonably necessary to address the following
geological condition:
1. Many areas of the city contain currently operating or former oil fields that can
be conducive to the migration of subterranean methane gas deposits to the
surface.
Methane District Regulations reduce hazards presented from the accumulation of
methane gas by requiring appropriate testing and mitigation measures for all new
buildings located in the overlay district.
• Appendix Chapter 15, Section 1516.3(1) -- Amended to limit asphalt shingle
overlays to one over existing roofing systems unless additional weight is justified by
structural calculations.
Finding - The amendment is reasonably necessary to address the following
geological condition:
1_ The city is Iocated in high seismic hazard zone.
Adding significant wei01
ght to the roof of a building will adversely impact the
structure's performance when subjected to lateral loading from a seismic event.
ORDINANCE NO. 3423 —1997 UNIFORM HOUSING CODE
Section 902 —Added to be consistent with smoke detector requirements contained in
the California Building Code, Section 310.16.
This amendment is administrative in nature and not subject to findings.
ORDINANCE NO.3424—1997 UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS
+ There are no amendments to this code.
ORDINANCE NO. 3425—1998 CALIFORNIA MECHANICAL CODE
• Section 508.1. — Amended to delete commercial kitchen hoods for minor warming
appliances in food establishments.
This amendment is administrative in nature and not subject to findings.
Section 1027 and 1028 - Amended to be consistent with boiler requirements
contained in the California State Boiler Safety Orders. _
This amendment is administrative in nature and not subject to findings.
ORDINANCE NO. 3426—1998 CALIFORNIA PLUMBING CODE
• Section 701.1.2 — Amended to clarify where ABS and PVC drain, waste and vent
pipe can be used consistent with existing state law.
This amendment is administrative in nature and not subject to findings.
• Section 1211.7 — Amended to clarify how exposed ferrous gas piping is protected
from corrosion.
Finding - The amendment is reasonably necessary to address the following
climatic condition:
1. The city is subject to periods of extensive coastal fog and salt laden air.
Adequately protecting exposed gas piping eliminates leaks due to corroded
Piping.
ORDLNANCE NO. 3427 —1997 UNIFORM SWIlVa NG POOL, SPA AND HOT
TUB CODE
• Section 310.1 — Amended to except spas and hot tubs under 750 gallons from
discharging to a sewer.
This amendment is administrative in nature and not subject to findings.
• Section 320 and 320.1 - Amended to add swimming pool and spa barrier
requirements consistent with state law.
This amendment is administrative in nature and not subject to findings.
• Section 321 -•- Added to require swimming pool design to conform to the engineered
design for expansive soils unless a soil report by a registered engineer indicates
otherwise.
Finding - The amendment is reasonably necessary to address the following
geological conditions:
1. Many areas of the city contain soils that are expansive when subjected to
excessive moisture.
Constructing swimming pools to the design for expansive soils will eliminate
cracking and damage to these structures when expansive soils are present.
• Chapter S -- Amended to refer to the Plumbing Code for the requirements on the
installation of gas piping.
This amendment is administrative in nature and not subject to findings.
ORDEtiANCE NO.3428—1998 CALIFORNIA ELECTRIC CODE
• Articles 345 and 346— Amended to clarify how intermediate and rigid metal conduit
installed in the ground is protected.
Finding - The amendment is reasonably necessary to address the following
geologicai conditions:
1. Many areas of the city contain soils that are highly corrosive.
Properly protected conduits insure that a proper grounding path exists and
conductors are protected from damage.
• Section 348-1 — Amended to clarify how electrical metallic tubing is protected from
corrosion in exposed locations.
Finding - The amendment is reasonably necessary to address. the following
climatic condition:
1. The city is subject to periods of extensive coastal fog and salt laden air.
Adequately protecting exposed electrical metallic tubing eliminates failure of the
conduit due to corrosion and damage to the conductors contained therein.
ORDINANCE NO. 3429—1997 UNIFORM SOLAR ENERGY CODE
• There are no amendments to this code.
• CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: Connie Brockway, City Clerk
FROM: Ross Cranmer, Director of Building and Safety
SUBJECT: Your Request for a Clarification of the July 1, 1999 Adoption Dhte for-
the California Construction Codes
DATE: 5/18/99
The codes that were adopted by Council on 5/17/99 were both State Mandated and non-
mandated codes. The adoption of the 4 State Mandated Codes or the California Building,
Mechanical, Plumbing and Electrical Codes, are governed by the Health and Safety Code Section
18941.5 (a)(1). This section requires that the codes become effective 180 days after publication
or a later date after publication as established by the State Building Standards Commission. The
Commission published the codes on different dates in December and made a ruling that all the
codes would be enforced at the local level starting on July 1, 1999. Cities and Counties cannot
adopt the mandated codes prior to this date and this is wh we adopt the codes ahead of time to
the specified date. The other non-mandated codes are not specifically mentioned but they contain
the administrative rules for the codes or some parts of the mandated regulations. We have always
adopted them at the same time to avoid confusion and accommodate the spirit of the law.
conniel
Ord. No. 3421
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 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 3rd day of May, 1999, and was again read to
said City Council at a regular meeting thereof held on the 17th day of May, 1999, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Sullivan
NOES: None
ABSENT: Harman
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Independent on
7 ,19
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
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