HomeMy WebLinkAboutOrdinance #3894 ORDINANCE NO. 3894
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING CHAPTER 17.07 TO THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE RESIDENTIAL CODE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 17.07.010 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.07.010 'Title. This chapter shall be known as the "Huntington Beach Residential Code," may
be cited as such, and will be referred to herein as "this code."
SECTION 2. Section 17.07.020 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.07.020 Adoption. There is hereby adopted by the City Council by reference that certain code
known as the 2010 California Residential Code, and the whole thereof, including Appendix H,
entitled "Patio Covers," and excepting all other appendices save and except those portions as are
hereafter modified or amended. 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, 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 residential
one- and two-family dwellings 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.
SECTION 3. Section 17.07.030 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.07.030 CRC, Chapter 1,Division II, W103 is hereby amended. Department of Building
and Planning.
SECTION 4. Section 17.07.035 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.07.035 CRC, Chapter 1, Division I1, §R103.1 Enforcement Agency is hereby amended.
The Department of Planning and Building is the enforcing agency for these provisions and the
official in charge thereof shall be known as the building official.
10-2624/52044 1
Ordinance No.3894
SECTION 5. Section 17.07.040 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.07.040 CRC, Chapter 1, Division II, W105.2 Work exempt from permit is hereby
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.
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, II 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, filing, 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.
10-2624/52044 2
Ordinance No. 3894
Unless 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.
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.
3. Portable cooking or clothes drying appliance.
4. Portable fuel-cell appliances that are not connected to a fixed piping system and
are not interconnected to a power grid.
Mechanical:
I. Portable heating appliances.
2. Portable ventilation equipment or appliances.
3. Portable cooling unit.
I0-2624/52044 3
Ordinance No. 3894
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 (4.54 kg) or less of
refrigerant and actuated by motors of 1 horsepower(746 W) or less.
8. Portable fuel-cell appliances that are not connected to a fixed piping system and
are not interconnected to a power grid.
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 becomes 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.
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 6. Section 17.07.045 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.07.045 CRC Chapter 1,Division II W105.3.1.1 Determination of substantially improved
or substantially damaged existing buildinjzs in flood hazard areas is hereby deleted.
SECTION 7. Section 17.07.050 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.07.050 CRC Chapter 1, Division II �R105.3.2 Time limitation of application is hereby
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.
10-2624/52044 4
Ordinance No. 3894
SECTION 8. Section 17.07.055 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.07.055 CRC Chapter 1, Division II §R105.5 Expiration is hereby amended. Every permit
issued shall become invalid unless the work on the site authorized by such permit is commenced
within 180 days after its issuance, or if the work is 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 9. Section 17.07.060 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.07.060 CRC Chapter 1,Division II W108 Fees is hereby amended:
§ 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 established by resolution of the City Council.
§ 109.1.2 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.
10-2624/52044 5
Ordinance No. 3894
§ 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 established by resolution of the
City Council.
§ 108.4 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 10. Section 17.07.065 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.07.065 CRC Chapter 3, & 301.1.3.2 Engineered desilln is hereby amended. The building
official shall require construction documents to be approved and stamped by a California
licensed architect or engineer for all dwellings of woodframe construction more than two stories
and basement in height located in Seismic Design Category A, B, or C. Notwithstanding other
sections of the law, the law establishing these provisions is found in Business and Professions
Code Section 5537 and 6737.1.
The building official shall require construction documents to be approved and stamped by a
California licensed architect or engineer for all dwellings of woodframe construction more than
one story in height or with basement located in Seismic Design Category Do, D1,D2, or E.
SECTION 11. Section 17.07.070 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.07.070 CRC Chapter 3,'fable R301.2(1) Climatic and Geographic Design Criteria
amended:
10-2624/52044 6
Ordinance No. 3894
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
WIND DESIGN SUBJECT TO DAMAGE FROM
GROUND Speed SEISMIC Frost WINTER ICE BARRIER AIR MEAN
SNOW a Topographic DESIGN line DESIGN UNDERLAYMENT FLOOD FREEZING ANNUAL
LOAD (mph) effects* CATEGORY'Weatherin ' Depth bTermite' TEMP' REQUIRED' HAZARDS9 INDEX' TEMP'
Very See
Zero 85 No D2 or E Negligible 12-24" Heavy 43 No footnote g 0 60
For SI: 1 pound per square foot= 0.0479 kPa, 1 mile per hour= 0.447 m/s.
a. Weathering may require a higher strength concrete or grade of masonry than necessary to
satisfy the structural requirements of this code. The weathering column shall be filled in with
the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined
from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall
be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.
b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The
jurisdiction shall fill in the frost line depth column with the minimum depth of footing below
finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending
on whether there has been a history of local subterranean termite damage.
d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind
speed map [Figure R301.2( 4)].Wind exposure category shall be determined on a site-specific
basis in accordance with Section R301.2.1.4.
e. Temperatures shall be permitted to reflect local climates or local weather experience as
determined by the building official.
£ The jurisdiction shall fill in this part of the table with the seismic design category determined
from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry
into the National Flood Insurance Program (date of adoption of the first code or ordinance for
management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the
panel numbers and dates of all currently effective FIRMS and FBFMs or other flood hazard
map adopted by the authority having jurisdiction, as amended.
(a) The city entered NFIP in 1983 (adopted flood regulations on March 10, 1981)
(b) Latest flood insurance study was on December 3, 2009.
(c) The panel numbers and dates of all effective FIRMs and FBFMs, effective date
shall be December 3, 2009:
i. 1185
ii. 1195
iii. 2275
iv. 2295
v. 2315
vi. 2325
vii. 2335
viii. 2345
ix. 2415
x. 2425
10-2624/52044 7
Ordinance No. 3894
xi. 2445
xii. 2515
xiii. 2535
xiv. 2615
xv. 2625
xvi. 2635
xvii. 2645
h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and
R905.8.3.1, where there has been a history of local damage from the effects of ice damming,
the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall
fill in this part of the table with "NO."
i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing
index (BF-days) from Figure R403.3(2) or from the 100-year (99%) value on the National
Climatic Data Center data table "Air Freezing Index- USA Method (Base 32°)" at
www.ncdc.noaa.v-ov/fpsf.html.
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the
National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at
www.ncdc.noaa. ovlfpsf.html.
k. In accordance with Section R30 1.2.1.5, where there is local historical data documenting
structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall
fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this
part of the table.
SECTION 12. Section 17.07.072 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.07.072 CRC Chapter 3, §R313.1 'Townhouse Automatic Fire Sprinkler Systems
Exception is hereby amended to read as follows: For additions and alterations to existing
townhomes see Huntington Beach Municipal Code, Chapter 17.56.
SECTION 13. Section 17.07.073 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.07.073 CRC Chapter 3, §R313.2 One- and Two-family Dwellings Automatic Fire
Sprinkler Systems Exception is hereby amended to read as follows: For additions and
alterations to existing One- and Two-family dwellings see Huntington Beach Municipal Code,
Chapter 17.56.
SECTION 14. Section 17.07.075 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.07.075 CRC Chapter 3, 4R403.1.3 Seismic Reinforcing, Exception is hereby deleted.
10-2624/52044 8
Ordinance No. 3894
SECTION 15. Section 17.07.080 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.07.080 Chapter 4, W405.1 Concrete or Masonry Foundations, Exception is hereby
deleted.
SECTION 16. Section 17.07.085 of the Huntington Beach Municipal Code is hereby
added to read as follows:
17.07.085 CRC Chapter 5, §R506.1 General amended. Concrete slab-on-ground floors shall
be a minimum 3.5 inches (89 mm) thick and shall be provided with minimum reinforcing equal
to 6 x 6 x W 1.4 welded wire fabric (for expansive soils, see Section R403.1.8). The specified
compressive strength of concrete shall be as set forth in Section R402.2.
SECTION 17. 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 15th day of November , 2010.
M
ATTEST: APPROVED AS TO FORM:
k. VV ,
City Clerk City Attorney DW cO to
�11� 1U
REV IE ND APPROVED: INITIAT AND APPROVED:
t Administrator Director of Planning and Building
10-2624/52044 9
Ord. No. 3894
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 October 18,2010, and was again read to said City Council at a
regular meeting thereof held on November 15, 2010, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Coerper, Green, Bohr, Hansen
NOES: Dwyer
ABSENT: Hardy
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 November 25,2010.
In accordance with the City Charter of said City 44�
A Joan L. Flynn City Clerk Citi Clerk and ex-officio Gerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California