HomeMy WebLinkAboutOrdinance #3789 ORDINANCE NO. 3789
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 17.04 OF THE. HUNTINGTON BEACH MUNICIPAL
CODE TITLED THE HUNTINGTON BEACH BUILDING CODE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Various sections of the Huntington Beach Building Code are hereby
amended, added and deleted as follows:
SECTION 2. Section 17.04.020 is amended to read as follows:
17.04.020 Adoption. There is hereby adopted by the City Council by reference that certain code
known as the 2007 California Building Code, and the whole thereof, including Appendix
Chapter 1 entitled, "Administration" and Appendix I entitled, "Patio Covers," save and except
those portions as are hereafter modified or amended. Such code, and amendments thereto, are
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, for the purpose of
regulating and administering 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 controlling within the corporate limits
of the City of Huntington Beach. (375-8/34, 530-5148, 592-12/52, 869-9/61, 1064-7/64, 1139-5165, 1331-7/67,
1626-2/71,2027-1/76,2431-7/80,2747-2/85,2976-12/88,3022-12/89, 3147-7/92,3305-12/95,3422-7/99,3573-10/02)
SECTION 3. Section 17.04.031 is hereby added, said section to read as follows:
17.04.031 CBC Appendix Chapter 1, §101.2 Scope, amended. The provisions of this code shall
apply to the construction, alteration, movement, enlargement, replacement, repair, equipment,
use and occupancy, location, maintenance, removal and demolition of every building or structure
or any appurtenances connected or attached to such buildings or structures.
SECTION 4. Section 17.04.032 is hereby added, said section to read as follows:
17.04.032 CBC Appendix Chapter 1, �105.2 Work exempt from permit, amended. Exemptions
from permit requirements of this code shall not be deemed to grant authorization for any work to
be done in any manner in violation of the provisions of this code or any other laws or ordinances
of this jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses, pagodas, gazebos and similar uses, provided the floor area does not
exceed 120 square feet.
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2. Fences not over 42 inches high or architectural features not exceeding 6 feet in
height and not within required zoning setbacks.
3. Oil derricks and tanks.
4. Retaining walls which do not support over 2 feet of earth measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge or
impounding Class I, 11 or IIIA liquids.
5. Water tanks supported directly on grade if the capacity does not exceed 5,000
gallons and the ratio of height to diameter or width does not exceed 2:1.
6. Sidewalks, platforms, decks and driveways not more than 30 inches above
adjacent grade, and not over any basement or story below and not part of an
accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Shade cloth structures constructed for nursery or agricultural purposes, not
including service systems.
10. Swings, other playground equipment and similar type recreational structures.
11. Window awnings supported by an exterior wall that do not project more than 54
inches from the exterior wall and do not require additional support in Group R-3
and U occupancies.
12. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5
feet 9 inches in height.
13. Flag poles, light poles and TV dishes in connection with a Group R, Division 3
occupancy and not exceeding 15 feet in height.
14 Re-roofing an area smaller than 100 square feet while satisfying all applicable
application requirements.
15. Replacement doors and windows when the waterproofing membrane is not altered
and emergency egress dimensions are equal to or better than the original
permitted layout.
16. 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.
Electrical:
1. Repairs and maintenance: Minor repair work, including the replacement of lamps
or the connection of approved portable electrical equipment to approved
permanently installed receptacles.
2. Radio and television transmitting stations: The provision of this code shall not
apply to electrical equipment used for radio and television transmissions, but do
apply to equipment and wiring for a power supply and the installations of towers
and antennas.
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3. Temporary testing systems: A permit shall not be required for the installation of
any temporary system required for the testing or servicing of electrical equipment
or apparatus.
4. Temporary decorative lighting.
5. Replacement of attachment plug receptacles, but not the outlets therefore.
6. Replacement of general use snap switches.
7. Repair or replacement of any overcurrent device of the required capacity in the
same location.
8. Repair or replacement of electrodes or transformers of the same size and capacity
for signs or gas tube systems.
9. The wiring for temporary theater, motion picture or television stage sets.
10. Electrical wiring, devices, appliances, apparatus or equipment operating at less
than 25 volts and not capable of supplying more than 50 watts of energy.
11. Low-energy power, control and signal circuits of Classes II and III as defined in
the electrical code.
12. Non vehicle mounted portable generators.
13. Replacement of any minor part that does not alter approval of equipment or make
such equipment unsafe.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make
such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment
regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds or less of refrigerant
and actuated by motors of 1 horsepower or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste, or vent pipe, provided,
however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe
becomes defective and it become necessary to remove and replace the same with
the new material, such work shall be considered as new work and a permit shall
be obtained and inspection made as provided in this code.
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Ordinance No. 3789
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and
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 part that does not alter its approval or make it unsafe.
SECTION 5. Section 17.04.033 is hereby added, said section to read as follows:
17.04.033 CBC Appendix Chapter 1, §105.3.2 Expiration of plan review, amended. 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 180 days, accompanied by a plan
review extension fee, established by resolution of the City Council.
2. Any plans that remain in plan review over 360 days shall meet all construction
standards that are adopted at the time the permit is issued.
3. Plans may not remain in plan review more than 720 days except under extreme
situations as approved by the building official.
SECTION 6. Section 17.04.034 is hereby added, said section to read as follows:
17.04.034 CBC Appendix Chapter 1, §105.5 Expiration of permit, amended. Every permit issued
shall become invalid unless the work on the site authorized by such permit is commenced with
180 days after its issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 180 days after the time the work is commenced. 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, and the fee therefore 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 one year, the
permittee shall pay a new full permit fee.
The permittee holding an unexpired permit may apply for an extension. The building official
may extend the time for actions by the permittee for a period not exceeding 180 days upon
written application by the permittee. Permits shall not be extended more than once except under
extreme situations and when approved by the building official.
SECTION 7. Section 17.04.035 is hereby added, said section to read as follows:
17.04.035 CBC Appendix Chapter 1, Section 108 Fees, amended. CBC Appendix Chapter 1,
Section 108 Fees is amended to read as follows:
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Ordinance No. 3789
§108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been
paid, nor shall an amendment to a permit be released until the additional fee, if any, has been
paid. The building official may allow temporary exceptions.
§108.1.1 Plan review fees. When a plan or other data is required to be submitted 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.
§108.1.2 Permit fees. The fee shall be paid at permit issuance. The standard for determination of
value or valuation of the project shall be made by the building official and as established by
resolution of the City Council.
§108.1.3 Miscellaneous service fees. Whenever an application is made for all other services, a
fee for the service in an amount established by resolution of the City Council shall be paid to the
City.
§108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and
plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as
required, in accordance with the schedule as established by resolution of the City Council.
§108.3 Building permit valuations. The applicant for a permit shall provide an estimated permit
value at time of application. Permit valuations shall include total value of work, including
materials and labor, for which the permit is being issued, such as electrical, gas, mechanical,
plumbing equipment and permanent systems. If, in the opinion of the building official, the
valuation is underestimated on the application, the permit shall be denied, unless the applicant
can show detailed estimates to meet the approval of the building official. Final building permit
valuation shall be set by the building official and as established by resolution of the City
Council.
008.4 Work commencing before permit issuance. Any person who commences any work on a
building, structure, electrical, gas, mechanical or plumbing system before obtaining the
necessary permits shall be subject to an investigation fee established by resolution by the City
Council that shall be in addition to the required permit fees.
§108.5 Related fees. The payment of the fee for the construction, alteration, removal or
demolition for work done in connection to or concurrently with the work authorized by a
building permit shall not relieve the applicant or holder of the permit from the payment of other
fees that are prescribed by law.
§108.6 Refunds. The building official may authorize the refund of any fee paid hereunder for
work that was not performed or for fees that were collected erroneously as established by
resolution of the City Council.
SECTION 8. Section 17.04.036 is hereby added, said section to read as follows:
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Ordinance No. 3789
17.04.036 CBC Appendix Chapter 1, §I10.1 Use and occupancy, amended. No building or
structure shall be used or occupied, nor shall a change in the existing occupant or occupancy
classification of a building or structure or portion thereof be made until the building official has
issued a certificate of occupancy therefore as provided herein. 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.
Exception: Group R, Division 1 & 3 (except hotels and motels) and U occupancies.
SECTION 9. Section 17.04.060 is amended to read as follows:
17.04.060 CBC Section 1910 Minimum Slab Provisions, �1910.1 General, amended. 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-W 1.4 x W I A welded fabric. When such slabs
are to be covered with carpet or any floor covering they shall be separated from the ground by
two (2) inches of clean sand over an approved vapor barrier.
SECTION 10. Section 17.04.070 is amended to read as follows:
17.04.070 CBC Chapter 9 Fire Protection Systems, 001.1 Scope, amended. The provisions of
this chapter shall specify where fire protection systems are required and shall apply to the design,
installation and operation of fire protection systems. For amended sprinkler requirements, see
Huntington Beach Municipal Code, Chapter 17.56 of this code.
SECTION 11. The "EXCEPTIONS" portion of Section 17.04.080, §3605(b)(5), is
hereby amended for clerical correction from numerical to alphabetical, as follows:
EXCEPTIONS:
a. The bolt or bolts need not be key operated but shall not be otherwise
activated, from the exterior side of the door.
b. 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.
C. 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 the Building Code
or other laws and regulations.
SECTION 12. Sections 17.04.090 and 17.04.095 are hereby deleted.
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Ordinance No.3789
SECTION 13. 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 3rd day of DecPmbPr , 2007.
Mayor
ATTEST: INITIATED AND APPROVED:
46�
City Clerk V Director of Building& Safety
REVIEWED AND APPROVED: APPROVED AS TO FORM:
'City Administrators City Attorney blla�0 7
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Ord. No. 3789
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, 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 November 5,2007, and was again read to said City Council at a
regular meeting thereof held on December 3, 2007, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,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 Huntington Beach Fountain Valley
Independent on December 13,2007.
In accordance with the City Charter of said City
joarmL. Flynn, Ci1y Clerk CO-Clerk,k and ex-officio 'erk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California