Loading...
HomeMy WebLinkAboutOrdinance #3572 WV ORDINANCE NO. 3572 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.02 OF THE HUNTINGTON BEACH MUNICIPAL CODE ADOPTING THE UNIFORM ADMINISTRATIVE CODE The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 17.02 of the Huntington Beach Municipal Code is hereby repealed in its entirety and replaced as follows: Chanter 17.02 UNIFORM ADMINISTRATIVE CODE Sections: 17.02.010 Adoption 17.02.020 Repealed 3022-12189 17.02.030 Section 301--Permits 17.02.035 Permit Expiration 17.02.040 Fees 17,02.050 Repealed 3304-12/95 17,02.055 Subsection 309.1 amended--Use or occupancy 17.02.060 Section 309.4 amended--Temporary certificate 17.02.010_ _Adoption. There is hereby adopted by the City Council by reference 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.Safety 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, 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. 17.02.030 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. 02ord/chap1702/8116/02 1 Ord.No.3572 § 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. § 301.2.1 Building Permits. A building permit shall not be required for the following: 1. One-story detached accessory buildings used as tool and storage sheds, playhouses, private lathhouses, glasshouses, pagodas, gazebos and similar structures and uses, provided the floor area does not exceed one-hundred and twenty (120) square feet. 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 (59") inches high. 5. Retaining walls which do not support over two (2) feet of earth measured from the top of the footing to the top of the wall, 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 U occupancies when projecting not more than fifty-four (54) inches. (11)Flag poles, Iight poles and TV dishes in connection with a Group R, Division 3 occupancy and not exceeding fifteen(15) feet zero inches in height. (12)Playground equipment and similar type recreational structures. (13)Residential cabinets and counter tops within a dwelling unit. (14)Re-roofing an area smaller than 100 square feet while satisfying all applicable application requirements. (15)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. (16)Residential driveways. 02ord/chap1702/8/16/02 2 Ord.No.3572 (17)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 part 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. 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, contactor 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. 02ord/chap 1702/8/16/02 3 Ord.No.3572 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: 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. 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 02ord/chap1702/8116102 4 Ord.No.3572 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 application by the permittee. Permits shall not be extended more than once. 17.02.040 Fees. Section 304 of the Uniform Administrative Code is amended to read as follows: § 304 --Fees § 304.1 -- General. The fee far 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 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 an application every one-hundred and eighty (180) days, accompanied by a plan review extension fee, established by resolution of the City Council. 02ordlchap1702/8/16/02 5 Ord.No.3572 (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. (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 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. 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. 02ord/chap170218/16/02 6 Ord.No.3572 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. 17.02.060 Section 309.4 amended--TeniporaEy 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: (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. 02ord/chap1702/8/16/02 7 Ord.No.3572 SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of September 2002. Mayor ATTEST: APPROVED AS TO FORM: City Clerk 0`1-1e, 61 City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: �k 6S anw�tf City Adrrfffistrator 4i4re&ctor of Building and Safety 02ord/chap1702/8/16102 8 Ord. No. 3572 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 19th day of August, 2002, and was again read to said City Council at a regular meeting thereof held on the loth day of September, 2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Dettloff,Boardman, Houchen, Winchell, Bauer NOES: None ABSENT: Cook(out of room) ABSTAIN: None I,Connie Brockway,CITY CLERK of the City of Huntington Beach and ex-ofticio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on 3 , 2002 6� yldd In accordance with the City Charter of said City City Clerk and eX-Off1C10 Clerk Connie Brockway, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California . .. ............................................. .. . . ........