Rancho Palos Verdes City Council
   

RECOMMENDATIONS

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: October 1, 2002

SUBJECT: ADOPTION OF STATE UNIFORM CODES

Staff Coordinator: Mark Campbell, Building Official

RECOMMENDATION

Conduct a public hearing and adopt Ordinance No. 381 "An Ordinance of the City of Rancho Palos Verdes adopting by reference the 2001 California Building Code, 2001 California Mechanical Code, 2001 California Plumbing Code, 2001 California Electrical Code, 2001 California Fire Code, Uniform Housing Code, Uniform Administrative Code, Uniform Code for the Abatement of Hazardous Buildings, 1997 editions, and making amendment to said codes and amending the Rancho Palos Verdes Municipal Code."

Background

The California Health and Safety Code requires that local jurisdictions adopt the most recent editions of certain model Uniform Model Codes that provide equivalent safety standards. Historically, the State of California adopts a set of model Uniform Codes every three years. This year the State has required that cities adopt the Uniform Codes by November 1, 2002. Cities can amend the model codes by ordinance to fit their own unique situations and/or address local concerns if the need can be justified by local climatic, geologic, topographic, or other similar conditions. If local jurisdictions do not adopt these model codes, then state law mandates their enforcement without amendment after November 1, 2002; therefore, it is necessary for the City to adopt these codes by Ordinance.

In keeping with the standard process for adoption of uniform codes by reference, Staff recommends introduction of this ordinance at this meeting and setting the ordinance for public hearing on October 1, 2002. In this manner, if adopted on October 1st, the new codes would go into effect on November 1, 2002.

DISCUSSION

There are several compelling reasons for adopting updated codes. Uniformity of codes minimizes construction industry confusions and expedites the enforcement process. Evaluation reports by which building officials judge the suitability of alternative materials and methods are based upon the latest codes and standards. All available training and certification programs are based upon the latest codes as well. Construction under more recent codes also results in safer building and structures.

The following codes are being considered for adoption:

  • "2001 California Building Code":

This code is based on the Uniform Building Code. Volume one contains administrative, fire-safety and field inspection, provisions. Volume two contains the provisions for structural engineering and design. Volume three contains the testing and installation standards. This code is written by the International Conference of Building Officials.

  • "2001 California Plumbing Code":

This code contains requirements for the installation and maintenance of plumbing systems. This code is written by the International Association of Plumbing and Mechanical Officials.

  • "2001 California Mechanical Code":

This code contains requirements for the installation and maintenance of heating, ventilating, cooling and refrigeration systems. This code is written by the International Association of Plumbing and Mechanical Officials.

  • "2001 California Electrical Code":

This code contains requirements for the installation and maintenance of electrical systems and equipment. This code is written by the National Fire Protection Association.

  • "2001 California Fire Code":

This code contains requirements for the installation and maintenance of fire protection systems and equipment. This code is written by the Western Fire Chiefs Association.

  • "1997 Uniform Administration Code":

This code covers the administrative areas of each of the other accompanying building, and safety and construction codes. It contains provisions which relate to site preparation, construction, alteration, moving, repair and use of buildings or structures, and building services, including plumbing, electrical and mechanical regulations. This code is written by the International Conference of Building Officials. The model codes are written by three different (responsive) organizations and differ somewhat in their administrative provisions. Therefore to make the various codes consistent, the City’s Building Official recommends that the administrative and fee sections be deleted from each code and the "Uniform Administrative Code", as amended, be adopted to replace these sections. The Administrative Code is then being amended so the fees are adopted by (City) Resolution instead of by the model code’s master fee schedule

  • "1997 Uniform Code for the Abatement of Dangerous Buildings":

This code sets forth orderly procedures for remedying dangerous buildings. The code follows due process provisions, which reflect the latest court decisions in such matters. This code is written by the International Conference of Building Officials.

  • "1997 Uniform Housing Code":

This code provides complete requirements affecting conversions and rehabilitation of housing and the removal of blighted structures. This code is written by the International Conference of Building Officials.

The model codes that are attached to this Staff Report contain language provisions mandated by the State for City adoption. However, as noted earlier, model codes may be slightly amended by local jurisdictions to address local concerns and unique conditions. The attached 2001 codes contain several new changes that are being recommended by the City’s Building Official which are subject to review and approval by the City Council. These proposed amendments are summarized below:

  • Amendments to the Fire Code

It is proposed to amend various Appendices to conform to Title 32 of the Los Angeles County Fire Code which adopts, and makes local amendments to the 2000 edition of the Uniform Fire Code. The Los Angeles County Consolidated Fire Protection District, along with existing City amendments regarding fireworks, brush clearance, and fire alarms, enforces this code. The Building Official is at this time holding off changing the body of the code until the Board of Supervisors of the County of Los Angeles adopts their amendments (Ordinance page 1).

  • Amendments to the Building Plumbing Mechanical and Electrical Codes

It is proposed to amend various sections of the codes to conform with post Northridge Earthquake studies and to develop uniformity in the code requirements throughout the County of Los Angles with information from the Los Angles Regional Uniform Code Program. The model code, the 1997 Uniform Building Code, is out of print except in California and these amendments are to correct errors and update the model code. (Ordinance pages 8 to 18 and 22 to 24).

  • Amendments to the Section 3319 (Storm Damage Precautions)

In response to requirements of the National Pollutant Discharge Elimination System (NPDES) it is proposed to amend the code to remove the dates for erosion control and make the requirements all year long and to also apply the requirements to building permits (Ordinance pages 18 and 19).

  • Amendments to the Section 15.04.060 (Specialized Foundation Requirements)

This section was added in 1999 for the purpose of allowing residents of the active Portuguese Bend landslide area an opportunity to use a foundation system that deviates from the state building code but can still be determined to be sound from an engineering perspective. Many residences were not happy with this amendment and there have been no approvals or attempts to legalize any structures since its adoption in 1999. The Building Official is now proposing to revise the specialized foundation requirement by removing the requirement for one bearing wall to be fixed to the ground by a "floating foundation" and instead require that a foundation design be submitted by a Structural Engineer that demonstrates that all wind, seismic, erosion, dead, and live load forces are being transferred to the ground. By doing so the Building Official believes that the residents of existing non-complying structures will have a better opportunity to receive and obtain approval for foundation repairs. (Ordinance pages 20 and 21).

  • Amendments to the Appendix Chapter 4 of the Building Code

It is proposed to amend the pool fencing requirement in the Building Code so that pools or spas deeper than 18" will be enclosed by a 5 foot fence. This would make the Building Code consistent with the State Health and Safety Code and the City Municipal Code. (Ordinance pages 21 and 22).

  • Institution of Site investigation and Penalty fees

Uniform Administrative code to clarify how and what the fees will be for expired permits and work started or completed without permits. Staff's recommendation is a minimum penalty fee of $200 for non-permitted work and a $200 fee for site investigations (Ordinance pages 25 and 26).

ADDITIONAL INFORMATION

A copy of each of the eight proposed Building Safety and Construction Codes (in their entirety) remain on file with the City Clerk.

CONCLUSION

Staff recommends that the Council review the proposed local amendments and if deemed appropriate, adopt the "2001 California Building Code", the "1997 Uniform Administrative Code", and Title 32 of the Los Angeles County Code, as amended, and, the "1997 Uniform Code for the Abatement of Dangerous Buildings", the "1997 Uniform Housing Code", the "2001 California Mechanical Code", the "2001 California Plumbing Code", and the "2001 National Electric Code", as written, with the deletion of the administration and fee sections. These would be the current editions of the Building, Safety and Construction Codes now put in place by the State.

ALTERNATIVES

In addition to Staff’s recommended action, the alternatives, which the City Council may wish to consider include:

1. Identify specific issues or suggestions and continue the matter to October 15th, 2002 to allow staff sufficient time to research or address the issues. If this action is taken, staff will have to bring an Urgency Ordinance to the City Council for adoption on October 15th because if no local ordinance is adopted by November 1st, 2002 state law will mandate enforcement of all state codes without local amendments.

FISCAL IMPACT

A minor increase in revenue from fees for non-permitted work can be expected as a result of this action.

Respectfully submitted,
Joel Rojas,
Director of Planning, Building and Code Enforcement

Reviewed by:
Les Evans
City Manager

ORDINANCE NO. 381

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 2001CALIFORNIA BUILDING CODE; PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 2001 CALIFORNIA ELECTRICAL CODE; PART 4 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 2001 CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 2001 CALIFORNIA PLUMBING CODE; TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; THE 1997 EDITION OF THE UNIFORM ADMINISTRATIVE CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; MAKING AMENDMENTS TO SAID CODES; AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 8.08 (Fire Code) of Title 8 (Health and Safety) of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows:

"8.08.010 Fire Code Adopted. A. Except as hereinafter provided in this Chapter, Title 32, Fire Code, of the Los Angeles County Code, as amended and in effect on July 1, 1999 November 1,2002, which constitutes an amended version of the California Fire Code, 1998 2001 Edition (Part 9 of Title 24 of the California Code of Regulations), including Appendix I-C and Appendix Il-C and Appendix Il-D and Appendix VI-A excluding all other appendices, is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Rancho Palos Verdes.

B. In the event of any conflict between provisions of the California Fire Code, 1998 2001 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Rancho Palos Verdes Municipal Code, the provision contained in the later listed document shall control. A copy of the Fire Code shall be maintained in the office of the City Clerk and shall be made available for public inspection while the Code is in force.

C. Notwithstanding the provisions of paragraph A of this Section, Sections 103.4.7 and 103.4.8 and Articles 89 and 100 of the Fire Code are deleted.

8.08.020 Fire Code Amended, Fireworks.  (a) Notwithstanding the provisions of Section 8.08.010, paragraph 2 of Section 7801.3.1.2 of the Fire Code is amended to read:

"7801.3.1.2 Displays. Permits are required from the City to conduct a fireworks display. The City Council shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by the municipality, fair associations, amusement parks or other organizations. Every such display shall be handled by a competent operator approved by the City Council, and shall be of such character and so located, discharged or fired as in the opinion of the City Council after proper investigation, so as not to be hazardous to property or endanger any person.

Applications for permits shall be made in writing to the Fire Chief not less than thirty days in advance of the date of display or other use.  The Fire Chief shall within ten days after receipt of said application make a report and recommendation to the City Council.  If the City Council finds that such display can be made without danger or nuisance to the general public, it shall grant the permit; otherwise it shall deny it.  If the City Council finds that such display as applied for may create danger or nuisance to the public, but that if displayed subject to conditions may not create such danger or nuisance, it shall grant the permit subject to conditions.  After such permit is granted, sale, possession, use and distribution of fireworks for such display subject to the conditions of this Chapter and such other conditions, if any, as may be imposed by the City Council, is lawful for the purpose only for which such permit is granted.  In all cases the decision of the City Council shall be final."

B. Notwithstanding the provisions of Section 8.08.010, Section 7802.4.3 of the Fire Code is amended to read:

"7802.4.3 Insurance. The permittee shall furnish a certificate of insurance in an amount deemed adequate by the City Council for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display, and arising from any acts of the permittee, his agents, employees or subcontractors.

The policy shall provide limits of bodily injury and property damage liability of not less than two million dollars ($2,000,000) combined single limits for each occurrence annually. The policy may have a deductible not to exceed fifteen thousand dollars ($15,000). A deductible in excess of fifteen thousand dollars ($15,000) may be permitted provided a security deposit, such as, but not limited to, a surety bond, pledge of assets or bank letter of credit covering the value of the excess is approved by the City Council.

The certificate of insurance shall provide that the insurer will not cancel the insured's coverage without fifteen (15) days prior written notice to the City, that the City shall not be responsible for any premium or assessments on the policy, and that the duly licensed pyrotechnic operator required by law to supervise and discharge the display, acting either as an employee of the insured or as an independent contractor and the City, its officers, agents, and employees are included as additional insureds, insofar as any operations under this Section are concerned."

8.08.030 Fire Code Amended, Flammable Vegetation.  Notwithstanding the provisions of Section 8.08.010, Section 1117.2.2 of the Fire Code is amended to read:

"1117.2.2 Clearances. Any owner of record of any land within the City of Rancho Palos Verdes which contains growth which in the opinion of the Fire Chief or Commissioner is then or may become dangerously flammable shall at all times on such person's own land, whether improved or unimproved:

1. Place or store firewood, manure, compost and other combustible materials a minimum of thirty (30) feet from any building or structure.

EXCEPTION: Up to one cord of firewood and/or two cubic yards of compost may by placed or stored within thirty (30) feet of a building or structure.

2. Maintain around and adjacent to each building, structure, or apiary, whether on such person's own land or adjacent thereto, an effective fire protection or firebreak made by completely removing and clearing away, for a distance from such house, building or structure of not less than thirty (30) lineal feet on each side thereof, growth which in the opinion of the Fire Chief or Commissioner is then or may become dangerously flammable.

EXCEPTIONS: 1. Ornamental plants and trees that are individually planted, spaced and maintained in such a manner that they do not form a means of transmitting fire from native growth to the structure.

2. Cultivated ground cover such as green grass, ivy, succulents or similar Plants provided that they are maintained in a condition that does not form a means of transmitting fire from native growth to the structure.

3. Maintain around and adjacent to each building or structure an additional fire protection or firebreak made by removing and clearing away all brush, vegetation or other growth which in the opinion of the Fire Chief or Commissioner is then or may become dangerously flammable on such land as may be required by the Fire Chief or Commissioner when he finds that because of extra hazardous conditions a firebreak of only thirty (30) lineal feet around such structures is not sufficient to provide reasonable fire safety for structures and landscaping within the City of Rancho Palos Verdes. Grass and other vegetation located more than thirty (30) lineal feet from such building or structure and kept at less than six (6) inches in height above the ground may be maintained where in the opinion of the Fire Chief or Commissioner retaining such growth is necessary to stabilize the soil and prevent erosion, provided all growth required to be cut in such location shall be removed by the owner of record of that property.

4. Remove that portion of any tree which extends within ten (10) lineal feet of the outlet of any chimney.

5. Maintain any tree adjacent to or overhanging any building free of dead wood.

6. Maintain the roof of any structure free of leaves, needles, or other dead vegetative growth."

8.08.040 Fire Code Amended, Fire-warning Systems.  A. Notwithstanding the provisions of Section 8.08.010, Section 1007.2.9A of the Fire Code is added to read:

"1007.2.9A Group R, Divisions 1 and 3 Occupancies.

1007.2.9A.1 General. In existing Group R, Divisions 1 and 3 occupancies, every dwelling unit and every guest room in a hotel, congregate residence or lodging house used for sleeping purposes shall be provided with smoke detectors conforming to State Fire Marshal Standard 12-72-2.  All detectors shall be installed in accordance with the approved manufacturer's instructions.

1007.2.9A.2 Location within dwelling units. In dwelling units, a detector shall be installed in each sleeping room and at a point centrally located in the corridor or area giving access to each separate sleeping area. When the dwelling unit has more than one story and in dwellings with basements, a detector shall be installed on each story and in the basement. In dwelling units where a story or basement is split into two or more levels, the smoke detector shall be installed on each level. When sleeping rooms are on an upper level, the detector shall be placed at the ceiling of the upper level in close proximity to the stairway. In dwelling units where the ceiling height of a room open to the hallway serving the bedrooms exceeds that of the hallway by 24 inches or more, smoke detectors shall be installed in the hallway and in the adjacent room. Detectors shall sound an alarm audible in all sleeping areas of the dwelling unit in which they are located.

1007.2.9A.3 Location in efficiency dwelling units, congregate residences and hotels. In efficiency dwelling units, hotel, motel, lodging house and congregate residence sleeping rooms, and in hotel suites, detectors shall be located on the ceiling or wall of the main room or each sleeping room.  Where sleeping rooms are on an upper level within the efficiency dwelling unit or hotel suite, the detector shall be placed at the ceiling of the upper level in close proximity to the stairway. When actuated, the detector shall sound an alarm audible within the sleeping area of the dwelling unit, hotel suite or sleeping room in which it is located.

1007.2.9A.4 Power source. Smoke detectors required by this section may be battery operated or they may be wired into the building wiring system when such wiring is served from a commercial source.  The detector shall emit a signal when the batteries are low. When required smoke detectors receive their primary power from the building wiring, such wiring shall be permanent, without a disconnecting switch other than those required for overcurrent protection and equipped with a battery backup.

1007.2.9A.5 Transfer of title. No person may transfer title to a dwelling unit or guest room required by this section to be equipped with a smoke detector without first filing with the City and the purchaser a statement that the dwelling unit or guest room is equipped with smoke detectors meeting the requirements of this section.

8.08.050 Violations -- Penalties. A. Every person violating any provision of the fire code or of any permit or license granted hereunder, or any rule, regulation or policy promulgated pursuant hereto, is guilty of a misdemeanor unless such violation is otherwise declared to be an infraction by Section 8.08.070 of this chapter. Each such violation is a separate offense for each and every day during any portion of which such violation is committed.

B. Every violation determined to be a misdemeanor hereunder is punishable in such manner and to such extent as is provided by Section 1.08.010.A of this Code. Every violation determined to be an infraction hereunder is punishable in such manner and to such extent as is provided by Section 1.08.010.B of this Code.

C. For the purposes of this section a forfeiture of bail shall be equivalent to a conviction.

8.08.060 Responsibility. Any person who personally or through another wilfully, negligently, or in violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to escape from his or her control, allows any hazardous material to be handled, stored or transported in a manner not in accordance with nationally recognized standards, allows any hazardous material to escape from his or her control, neglects to properly comply with any written notice of the chief, or wilfully or negligently allows the continuation of a violation of the fire code and amendments thereto is liable for the expense of fighting the fire or for the expense incurred during a hazardous materials incident, and such expense shall be a charge against that person. Such charge shall constitute a debt of such person and is collectible by the public agency incurring such expense in the same manner as in the case of an obligation under a contract, expressed or implied.

8.08.070 List of Infractions

In accordance with Section 8.08.050 of this Chapter, the violation of the following sections or subsections of the fire code shall be infractions:

901.4.4 Premises identification
902.2.4 Obstructing and control of fire apparatus access
1001.5.1 Maintenance of fire-protection systems and equipment
1001.5.3 Systems out of service
1001.6.2 Fire hydrant and fire appliances
1002 Portable fire extinguishers
1102.3 Open burning
1103 Combustible materials
1105 Asphalt kettles
1109.4 Smoking
1109.5 Burning objects
1109.6 Hot ashes and spontaneous ignition sources
1115.3 Fire prevention regulations
1115.5 Portable fire protection equipment
1115.7 Maintenance of access
1117.2 Structures
1118.17 Fire roads and firebreaks
1207.3 Locking devices
1207.6 Door identification
1210.3 Storage under stairways
1212.4 Illumination
2401.9 Smoking
2901.6.2 Lubricating oil
3004.3 Waste removal
3008.5 Combustible waste
3213 Means of egress illumination
3221.2 Vegetation removal
3221.3 Storage
3404 Fire apparatus access roads
3601.6 Fire protection
3601.7 Smoking
4501.4 Smoking
4501.5 Welding warning signs
4502.3.3 Filter disposal
4502.8.2 Fire extinguishers
4502.9 Operations and maintenance
4503.7.1 General
4503.8 Dip tank covers
4504.3.2 Signs
4504.4 Maintenance
4505.6.1 Dust accumulation
4506.6 Sources of ignition
4606.2 Smoking
4607 Housekeeping
5201.7 Sources of ignition
7401.5.1 General
7401.6 Security
7607 Smoking and open flames
7901.7.2 Maintenance and operating practices
7901.10 Sources of ignition
7902.5.3 Empty containers and portable tanks
7904.3.2.1 Storage tanks and sources of ignition
7904.4.7 Sources of ignition
7904.4.9 Fire protection
7904.6.4 Smoking
8001.8 Signs
8003.1.12 Clearance from combustibles
8004.1.8 Signs
8004.3.5 Clearance from combustibles
8208 Smoking and other sources of ignition
8209 Clearance to combustibles
8506 Extension cords and flexible cords"

SECTION 2. Chapter 15.04 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read:

"Chapter 15.04
Building Code

15.04.010 Building Code Adopted. Except as hereinafter provided, the California Building Code, 1998 2001 Edition (Part 2 of Title 24 of the California Code of Regulations), which incorporates and amends the Uniform Building Code, 1997 Edition, Volumes 1, 2 and 3 published by the International Conference of Building Officials, including the generic fire-resistive assemblies listed in the Fire-Resistance Design Manual, Fourteenth Edition, dated April 1994, published by the Gypsum Association as referenced in Tables 7-A, 7-B and 7-C and Appendix Chapter 12, Division II of such Uniform Building Code, including Appendix Chapters 3, Divisions I, II and IV; 4, Divisions I and II; 9; 10; 11, Divisions I and II; 12, Divisions I and II; 13; 15; 16; 18; 23; 29; 30, including ASME/ANSI A17.1-1987, Safety Code for Elevators and Escalators, including Supplements A17.1a-1988 and A17.1b-1989, published by the American Society of Mechanical Engineers, and ASME/ANSI A17.3-1986, Safety Code for Existing Elevators and Escalators, including Supplement A17.3a-1989, published by the American Society of Mechanical Engineers; 31, Divisions I, II and III; 33 and 34, Divisions I, II and III, and including Structural Welding Code-Reinforcing Steel, AWS D1.4-92 (UBC Standard 19-1); Load and Resistance Factor Design Specifications for Structural Steel Buildings, December 1, 1993 (Chapter 22, Division II); Specification for Structural Steel Buildings Allowable Stress Design and Plastic Design, June 1, 1989 (Chapter 22, Division III); Load and Resistance Factor Design Specification for Cold-Formed Steel Structural Members, March 16, 1991 (Chapter 22, Division VI); Specification for Design of Cold-Formed Steel Structural Members, 1986 with December 1989 addendum (Chapter 22, Division VII); Standard Specification for Steel Joists, K-Series, LH-Series, DLH-Series and Joist Girders, 1994 (Chapter 22, Division IX); Structural Applications of Steel Cables for Buildings, ASCE 17-95 (Chapter 22, Division XI); and National Design Specification for Wood Construction, Revised 1991 Edition (Chapter 23, Division III, Part I), is hereby adopted by reference as the Building Code of the City of Rancho Palos Verdes. A copy of the Building Code of the City shall be maintained in the office of the City Clerk, and shall be made available for public inspection while the Code is in force.

15.04.020 Building Code Amended, Administrative Provisions Deleted. The administrative provisions of the California Building Code, 1995 2001 Edition, contained in Chapter 1 of that Code, except Section 101, are hereby deleted. The administrative provisions governing the Building Code of the City shall be as set forth in the Administrative Code, as adopted in Chapter 15.18 of this Title. Violation and penalty provisions shall be as set forth in Section 205 of the Administrative Code, as amended in Section 15.18.040 of this Title.

15.04.030. Building Code Amended, Fire Resistive Roofing Required. Notwithstanding the provisions of Section 15.04.010 of this Article, Section 1503 Chapter 15 of the Building Code is amended to read:

SECTION 1503 - ROOF-COVERING REQUIREMENTS

The roof covering on any structure regulated by this code shall be Class A as classified in Section 1504.

The roof covering assembly includes the roof deck, underlayment, interlayment, insulation and covering which is assigned a roof covering classification.

EXCEPTION: Repairs of, and additions to, existing structures which repairs and additions require the replacement or installation of less than 25% of the total roof area of a structure within one 12-month period may be made using material matching the existing roof.

Roofing shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof.

Modify Table 15-D-1 to require two fasteners per tile

Modify Table 15-D-2 to require deck sheating per Table 15-D-1 and one fastener per tile

15.04.040. Building Code Amended, Seismic Safety Requirements. Notwithstanding the provisions of Section 15.04.010 of this Article, the Building Code is amended as follows:

A. Section 1630.9 of the Building Code is added to read:

1628.11 Open/Soft Story Design. Column deflection shall be limited to 0.0025H, where "H" is story height.

Calculate drift per Section 1630.9

Section 1629.4.2 of the California Building Code is amended by amending condition number 4 to read as follows:

4. The provisions in Sections 9.6a and 9.6b of AISC - Seismic Part I shall not apply, except for columns in one-story buildings or columns at the top story of multistory buildings.

Section 1630.8.2.2 of the California Building Code is amended by deleting detailing and member limitation number 5 and renumbering and amending number 6 to read as follows

6. Steel elements designed primarily as flexural members or trusses shall have bracing for both top and bottom beam flanges or chords at the location of the support of the discontinuous system and shall comply with the requirements of AISC-Seismic Part I, Section 9.4b.

Section 1806.1 of the California Building Code is amended to read as follows:

1806.1 General. Footing and foundations shall be constructed of masonry or concrete, shall be supported on native undisturbed materials or approved certified fill or per a report (prepared by a certified engineering geologist licensed by the State of California and/or a geotechnical report which shall be prepared by a registered Civil Engineer or soils engineer who is qualified to perform this work and licensed by the State of California) and shall extend below the frost line. Footings of concrete and masonry shall be of solid material. Foundations supporting wood shall extend at least 6 inches (152 mm) above the adjacent finish grade. Footings shall have a minimum depth of 24 inches below existing grade by a minimum 12 inches wide for one story construction, by a minimum 15 inches wide for two-story construction, by a minimum 18 inches wide for three-story construction, with one number 4 rebar at the top and bottom. For expansive soil as deemed by the Building Official, footings shall have a minimum depth of 30 inches below existing grade by a minimum 12 inches wide for one story construction, by a minimum 15 inches wide for two story construction, by a minimum 18 inches wide for three story construction, with two number 4 rebar at the top and bottom or unless another depth is recommended by a foundation report.

Table 18-I-C is deleted

Section 1806.6.1 of the California Building Code is amended to read as follows:

1806.6.1 Additional requirements in Seismic Zones 3 and 4.

2. Steel plate washers of minimum size and thickness as specified in Table 23-II-L shall be used on each bolt.

Section 1928.1.2.3 of the California Building Code numbers 5 and 6 are amended to read as follows:

5. 1.2D + 1.0ρpEh + (0.5L or 0.2S)

6. 0.9D – (1.3W or 1.0 ρpEh)

Section 2104.6.2 of the California Building Code is amended by removing the following words:

including fireplaces and residential chimneys,

Section 2205.3 of the California Building Code is amended to read as follows:

2205.3 Seismic Design Provisions for Structural Steel. Steel structural elements that resist seismic forces shall, in addition to the requirements of Section 2205.2 be designed in accordance with Division IV

Divisions IV and V of Chapter 22 of the California Building Code are deleted in their entirety.

Division IV of Chapter 22 of the California Building Code is added to read as follows:

Division IV — SEISMIC PROVISIONS FOR STRUCTURAL STEEL BUILDINGS

Based on Seismic Provisions for Structural Steel Buildings, of the American

Institute of Steel Construction. Parts I and III, dated April 15, 1997

and Supplement No. 2, dated November 10, 2000.

2210 — ADOPTION

Except for the modifications as set forth in Sections 2211 and 2212 of this division and the requirements of the Building Code, the seismic design, fabrication, and erection of structural steel shall be in accordance with Part I (LRFD) and Part III (ASD) of the Seismic Provisions for Structural Steel Buildings, dated April 15, 1997 and Supplement No. 2, dated November 10, 2000, published by the American Institute of Steel Construction, 1 East Wacker Drive, Suite 3100, Chicago, IL 60601, as if set out at length herein and hereinafter referred to as AISC-Seismic.

Where other codes, standards, or specifications are referred to in AISC-Seismic, they are considered as acceptable methods or materials when approved by the Building Official.

2211 – DESIGN METHODS

When the load combinations from Section 1612.2 for LRFD are used, structural steel buildings shall be designed in accordance with Chapter 22 Division II (AISC-LRFD) and Part I of AISC-Seismic as modified by this Division.

When the load combinations from Section 1612.3 for ASD are used, structural steel buildings shall be designed in accordance with Chapter 22 Division III (AISC-ASD) and Part III of AISC-Seismic as modified by this Division.

SECTION 2212 – AMENDMENTS

The AISC-Seismic adopted by this Division apply to the seismic design of structural steel members except as modified by this Section.

The following terms that appear in AISC-Seismic shall be taken as indicated in the 2001 California Building Code.

AISC-Seismic

2001 California Building Code

Seismic Force Resisting System

Lateral Force Resisting System

Design Earthquake

Design Basis Ground Motion

Load Combinations Eqs. (4-1) and (4-2)

Chapter 16 Eqs. (12-17) and (12-18) respectively

LRFD Specification Section Eqs. (A4-1) through (A4-6)

Chapter 16 Eqs. (12-1) through (12-6) respectively

SoQE

Em

The AISC Seismic Provisions is modified as follows:

1. Revise Part I, Section 1 as follows:

    1. SCOPE

These provisions are intended for the design and construction of structural steel members and connections in the Seismic Force Resisting Systems in buildings for which the design forces resulting from earthquake motions have been determined on the basis of various levels of energy dissipation in the inelastic range of response. These provisions shall apply to buildings in Seismic Zone 2 with an importance factor I greater than one, in Seismic Zone 3 and 4 or when required by the Engineer of Record.

These provisions shall be applied in conjunction with, Chapter 22, Division II, hereinafter referred to as the LRFD Specification. All members and connections in the Lateral Force Resisting System shall have a design strength as provided in the LRFD Specification to resist load combinations 12-1 through 12-6 (in Chapter 16) and shall meet the requirements in these provisions.

Part I includes a Glossary, which is specifically applicable to this Part, and Appendix S.

2. Revise Part I, Sec. 4.1 as follows:

4.1 Loads and Load Combinations

The loads and load combinations shall be those in Section 1612.2 except as modified throughout these provisions.

B. Section 2307.5 of the Building Code is added to read:

2307.5 Cantilevered Columns. "K"=2.1 shall be used as the buckling factor for the design of cantilevered columns.

C. Section 2311.2 of the Building Code is amended by adding the following language to read:

Hold-down connection bolts/nuts shall be torqued 1/2 turn beyond finger tight or as otherwise required by manufacturer. The following note shall be made on plans: "Inspector to verify by random inspection prior to covering walls."

D. Section 2311.2.1 of the Building Code is added to read:

2311.2.1 Bolt holes. All bolt-holes shall be 1/16 inch (maximum) over-sized at the connection of hold-down to posts. The following note shall be made on plans: "Inspectors to Verify."

E. Section 23145.1 is amended by adding the following language to read:

. Section 2315.1 of the California Building Code is amended to remove the following words and add:

Particleboard vertical diaphragms and

The principle of rotation to distribute shear forces shall not be permitted.

In buildings of wood-frame construction where rotation is provided for, the depth of the diaphragm normal to the open side shall not exceed 25 feet (7260 mm) or two thirds the diaphragm width, whichever is the smaller depth. Straight sheathing shall not be permitted to resist shears in diaphragms acting in rotation.

EXCEPTION: One-story, attached or detached residential garages or similar Group U, Division 1 wood framed structures with a maximum depth normal to the open side of 25 feet (7260 mm) and a maximum width of 25 feet (7260 mm) provided the diaphragm is not constructed of straight sheathing.

EXCEPTIONS: 1. One story, wood-framed structures with the depth normal to the open side not greater than 25 feet (7260 mm) may have a depth equal to the width.

2. Where calculations show that the diaphragm deflections can be tolerated, the depth normal to the open end may be increased to a depth-to-width ratio not greater than 1˝:1 for diagonal sheathing or 2:1 for special diagonal sheathed or wood structural panel or particleboard diaphragms.

Cantilevered diaphragms are permitted for two story buildings. The length of the overhang shall not exceed 15 percent of the overall building dimension measured in the same direction nor one-fourth the width of the diaphragm, where the width is the dimension of the diaphragm perpendicular to the overhang.

F. Table 23-I-K-1 23-II-I-1 of the Building Code is amended as follows:

1. The allowable values for plywood shear walls shall be reduced to seventy-five percent (75%) of the shear values listed in Table 23-I-K-1 23-II-I-1 of the Building Code; and

2. The ratio "h/d" shall be limited to 2:1; and

Section 2315.3.3 of the California Building Code is amended as follows:

. Wood structural panels in shear walls shall be at least 3/8 inch (9.5 mm) thick and studs spaced no more than 16 inches (406 mm) on center, and

3. Three inch (3") thick boundary and panel edge members for all plywood shear walls with shear values exceeding 300 pounds per foot shall be required; and

4. Minimum 1/2 inch edge distance for nailing at the 3-X boundary and panel edge-members of these shear walls shall be required.

Section 2315.5.5 of the California Building Code is hereby deleted and replaced with the phrase "Not adopted."

Section 2315.5.6 of the California Building Code is amended to read as follows:

2315.5.6 Hold-down connectors. Hold-down connectors shall be designed to 75 percent of the allowable earthquake load values that do not consider cyclic loading of the product. Connector bolts into wood framing require steel plate washers in accordance with Table 23-II-L. Hold-downs shall be re-tightened just prior to covering the wall framing

Section 2320.11.3 of the California Building Code is amended to read as follows:

2320.11.3 Bracing. Braced wall lines shall consist of braced wall panels which meet the requirements for location, type and amount of bracing specified in Table 23-IV-C-1 and are in line or offset from each other by not more than 4 feet (1219 mm). Braced wall panels shall start at not more than 8 feet (2438 mm) from each end of a braced wall line. All braced wall panels shall be clearly indicated on the plans. Construction of braced wall panels shall be by one of the following methods:

1. (Not Adopted)

2 (Not Adopted)

3. Wood structural panel sheathing of a thickness not less than ˝ inch (11.9 mm) nominal of structural I grade for a maximum 16-inch (406 mm) stud spacing in accordance with Tables 23-II-A-1 and 23-IV-D-1. Nailing shall be minimum 8d common placed 3/8 inches from panel edges and spaced not more than 6 inches on center, and 12 inches on center along intermediate framing members.

4. Fiberboard (OSB) sheathing 4-foot by 8-foot (1219 mm by 2438 mm) panels not less than ˝ inch (13 mm) thick applied vertically on studs spaced not over 16 inches (406 mm) on center when installed in accordance with Section 2315.6 and Table 23-II-J.

5 (Not Adopted)

6. (Not Adopted)

7. Portland cement plaster on studs spaced 16 inches (406 mm) on center installed in accordance with Table 25-I.

8 (Not Adopted)

For Methods, 3 and 4, each braced panel must be at least 48 inches (1219 mm) in length, covering three stud spaces where studs are spaced 16 inches (406 mm) apart and have a height-to-length ratio not exceeding 2 to 1

For Method 7 each braced wall panel must be at least 96 inches (2438 mm) in length and have a height-to-length ratio not exceeding 1 to 1.

All vertical joints of panel sheathing shall occur over studs. Horizontal joints shall occur over blocking equal in size to the studding except where waived by the installation requirements for the specific sheathing materials.

Braced wall panel construction types shall not be mixed within a braced wall line.

Braced wall panel sole plates shall be nailed to the floor framing and top plates shall be connected to the framing above in accordance with Table 23-II-B-1. Sills shall be bolted to the foundation or slab in accordance with Section 1806.6 of this code. Where joists are perpendicular to braced wall lines above, blocking shall be provided under and in line with the braced wall panels. All braced wall panels shall extend to the roof sheathing and shall be attached to parallel roof rafters or blocking above with framing clips (18 gauge minimum) spaced at maximum 24 inches (6096 mm) on center with four 8d nails per leg (total eight 8d nails per clip). Braced wall panels shall be laterally braced at each top corner and at maximum 24 inch (6096 mm) intervals along the top plate of discontinuous vertical framing.

Section 2320.11.4 of the California Building Code is amended to read as follows:

2320.11.4. Alternate braced wall panels. Any braced wall panel required by Section 2320.11.3 may be replaced by an alternate braced wall panel constructed in accordance with the following:

1. In one-story buildings, each panel shall have a length of not less than 2 feet 8 inches (813 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with 1/2-inch-nominal minimum-thickness (12.7 mm) plywood sheathing nailed with 8d common or galvanized box nails in accordance with Table 23-II-B-1 and blocked at all plywood edges. Two anchor bolts installed in accordance with Section 1806.6 shall be provided in each panel. Anchor bolts shall be placed at panel quarter points. Each panel end stud shall have a tie-down device fastened to the foundation, capable of providing an approved uplift capacity of not less than 1,800 pounds (816.5 kg). The tie-down device shall be installed in accordance with the manufacturer’s recommendations. The panels shall be supported directly on a foundation or on floor framing supported directly on a foundation which is continuous across the entire length of the braced wall line. This foundation shall be reinforced with not less than one No. 4 bar top and bottom,

2. (Not Adopted)

G. Table 25-I of the Building Code is amended as follows:

1. The allowable shear values for portland cement plaster (stucco) shall be reduced as follows:

a. The allowable shear value shall be reduced to 90 pounds per foot; and

b. The ratio "h/d" shall be limited to 1; and

c. The required minimum nail size shall be No. 11 gage, 1 1/2 inch long, galvanized nails with lath furred to 1/4 inch. Staples and self-furring lath shall not be permitted .

2. The allowable shear values for gypsum sheathing board and gypsum wall board (1/2 inch or 5/8 inch thickness) (drywall) shall be reduced as follows:

a. The allowable shear value shall be reduced to 30 pounds per foot (for both blocked and unblocked shear walls); and

b. The maximum nail spacing shall be 7 inches; and

c. The ratio "h/d" shall be limited to 1.

3. Frame wall assemblies constructed of portland cement plaster, gypsum sheathing board, or gypsum wall board carrying loads at the ground floor of multi-level buildings shall not be permitted.

Amend Section 1402.4 to the following:

Dampproofing Foundation Walls. Unless otherwise approved by the building official, foundation walls enclosing usable space below finished grade shall be waterproofed or dampproofed outside by approved methods and materials or in accordance with Appendix Chapter 18.

Chapter 23 of the California Building Code is amended by adding Table 23-II-L to read as follows:

Table 23-II-L MINIMUM SIZE STEEL PLATE WASHERS

Bolt Size

Plate Size

x 25.4 for mm

x 25.4 for mm

1/2 in

3/16" x 2" x 2"

5/8 in

1/4" x 2-1/2" x 2-1/2"

3/4 in

5/16" x 2-3/4" x 2-3/4"

7/8 in

5/16" x 3" x 3"

1 in

3/8" x 3-1/2" x 3-1/2"

Amend Section 3102.4.1 to:

Design. Masonry chimneys shall be designed and constructed to comply with Sections 3102.3.2 and applicable design requirements of this Section.

Notwithstanding any other provisions of this code, an existing masonry chimney which is altered or repaired more than 10 percent of its replacement cost within any 12-month period shall have its entire chimney structure comply with the current requirements of this code or other standards approved by the building official.

Amend Section 3102.4.3 to:

The masonry and concrete chimney shall be designed per requirements in Chapter 21 and shall be tied to a structural element of the building capable of providing lateral resistance for the horizontal forces specified in Section 1632. The anchorage of the ties to the resisting structural element shall be designed for the loads specified in Section 1632.

15.04.050. Building Code Amended, Grading. Notwithstanding the provisions of Section 15.04.010 of this Article, Appendix Chapter 33 of the Building Code is amended by adding Section 3319 to read:

SECTION 3319 - STORM DAMAGE PRECAUTIONS

3319.1 General. No grading permit and/or building permit shall be issued for work to be commenced between October 1 of any year and April 15 of the following calendar year, when the Building Official finds the work may cause a significant storm damage hazard, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be necessary to protect adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations.

If protective measures are required under this Section, all protective measures shall be installed on or before November 1, or, if grading is begun after November 1, before grading is begun. All protective measures shall be maintained in good working order until April 15 of the following calendar year, where grading is done between November 1 and December 31, or until April 15 of the same calendar year where grading is done between January 1 and April 15, unless their removal at an earlier date is agreed to by the Building Official.

3319.2 Security Required. A permit shall not be issued for grading involving more than 1000 cubic yards (sum of cut and fill) unless the owner shall first post with the City Engineer security in a form acceptable to the City. The amount of such security shall be based upon the estimated cost of the grading operation including all drainage and other protective devices, as determined by the City Engineer. The amount of such security shall be equal to 1.1 times the estimated cost of the grading operation and all drainage and protective devices.

3319.3 Incomplete Work. Where a grading permit and/or building permit is issued and the work is commenced after April 15 and before October 1 of any year and the plans for such work do not include details of the protective measures described in Section 3319.1, and it appears on October 1 that the grading and installation of the permanent drainage devices as authorized by the permit will not be completed prior to November 1, and the Building Official finds the work may cause significant storm damage hazard, then on or before October 15 the owner of the site on which the grading is being performed shall file or cause to be filed with the Building Official revised plans which include details of the protective measures described in, and in all other respects follow the provisions of, Section 3319.1.

The revised plans required by this section shall be accompanied by an application for plan checking services and plan checking fees equal in amount of 10 percent of the original grading permit fee.

3319.4 Effect of Noncompliance. Should the owner fail to submit the plans or fail to provide the protective measures required by Sections 3319.1 and 3319.3 by the dates specified therein, it shall cause forfeiture of the grading permit security. Thereupon, the Building Official may enter the property for the purpose of installing, by City forces or by other means, the drainage and erosion control devices shown on the approved plans, or if there are no approved plans, as he or she may deem necessary to protect adjoining property from storm damage. The cost of such action shall be deducted from the grading permit security. Such a failure shall also constitute a violation of the Building Code and may be prosecuted as provided in Section 15.18.040 of this Title.

15.04.060. Building Code Amended, Specialized Foundation Requirements. Notwithstanding the provisions of Section 15.04.010 of this Article, Chapter 18 of the Building Code is amended by adding Section 1806.2.1 to read:

1806.2.1 Major Alterations or Repairs of Existing Buildings or Structures (Excluding Demolition and Replacement). This section shall apply only to the active landslide areas of the Portuguese Bend Landslide and the Abalone Cove Landslide, as determined by the City Geologist and depicted on the attached map (see Exhibit "A") and shall not apply in other areas of the City or other portions of the Landslide Moratorium Area. A certificate of occupancy or permit under this title may be issued provided:

A. The Building Official may will require a Structural Engineering report and design prepared by a Civil or Structural Engineer licensed by the State of California. Material specifications shall be minimum concrete f'(c)=4000 psi, reinforcing steel ASTM A-615 grade 40 or 60, and continuous inspection by a special inspector is required. Alternate materials shall be subject to approval of the Building Official. Prestressed concrete is not permitted without special approval from the Building Official.

B. Every existing building or structure shall have a structural framework designed by the Structural Engineer to distribute the load of the building uniformly over the entire footprint of the building. The structural framework is designed by determining the total weight of the building and dividing that weight by the area of the building. At the discretion of the Building Official, the soil pressure may be considered as a load and the walls and columns may be considered as reactions. At a minimum, one end bearing wall shall be fixed to the ground by a foundation, at least at one point. All other portions of The structural framework may be supported by adjustable means approved by the Building Official. The structural framework shall be designed by the Structural Engineer to span between all supports and transfer all wind, seismic, erosion, dead, and live load forces to the ground.

C. The applicant signs and records with the Los Angeles County Registrar-Recorder a statement in a form approved by the City Attorney that he or she is the owner of the real property and that he or she is aware that the records of the Building Official indicate the property is subject to a physical hazard of a geologic nature.

D. The applicant signs and records an agreement in a form approved by the City Attorney releasing the City and all officers, contract employees, consultants, employees, and agents thereof from any liability for any damage or loss which may result from issuance of such permit.

E. The applicant shall demonstrate that the proposed work on the site or use of the site shall:

1) not adversely affect property by accelerating a geologic hazard; and

2) have sufficient distance to any other structure to preclude damage in the instance of failure, as determined by the Building Official.

F. The applicant shall identify and correct any deficiencies in on-site drainage and sanitary disposal. If the property is not served by sanitary sewers, the applicant shall submit for recordation a covenant, which is satisfactory to the City Attorney, agreeing to support and participate in existing or future sewer and/or storm drain assessment districts and any other geological and geotechnical hazard abatement measures required by the City. Such covenant shall be submitted to the director prior to the issuance of a building permit.

G. The Building Official shall require a geologic report or and geotechnical report, or both, when there is evidence of geologic instability on the subject property or on neighboring property and such reports are necessary for proper evaluation of the proposed work or use of the site. Any such geological reports shall be prepared by a certified engineering geologist licensed by the State of California. Any such geotechnical reports shall be prepared by a registered Civil Engineer or soils engineer who is qualified to perform this work. Every report shall contain a finding regarding the effect of the structure or use upon the geological stability of the site and properties outside of the subject property. When both a geological and a geotechnical report are required for the evaluation, the two reports shall be coordinated before submission to the Building Official.

H. This section shall not be interpreted to supersede or waive any other permit or approval required by the Rancho Palos Verdes Municipal Code, including, without limitation, the provisions of Chapter 15.20.

15.04.070. Building Code Amended, Pools and Spas.

Notwithstanding the provisions of Section 15.04.010 of this Article, Appendix Chapter 4 of the Building Code is amended by changing Section 420-Definitions: The depth of pools and spas subject to enforcement is 18 inches.

Section421.1 number one is amended to top of barrier shall be at least 60 inches

SECTION 3. Chapter 15.08 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read:

"Chapter 15.08

Electrical Code

15.08.010 Electrical Code Adopted. Except as hereinafter provided, the California Electrical Code, 1998 2001 Edition (Part 3 of Title 24 of the California Code of Regulations), which incorporates and amends the National Electrical Code, 1996 1999 Edition, published by the National Fire Protection Association, is hereby adopted by reference as the Electrical Code of the City of Rancho Palos Verdes. A copy of the Electrical Code of the City shall be maintained in the office of the City Clerk, and shall be made available for public inspection while the Code is in force.

15.08.020 Electrical Code Amended, Administrative Provisions Deleted. The administrative provisions of the California Electrical Code, 1998 2001 Edition, contained in Article 089, except Sections 089-1 and 089-2, are hereby deleted. The administrative provisions governing the Electrical Code of the City shall be as set forth in the Administrative Code, as adopted in Chapter 15.18 of this Title. Violation and penalty provisions shall be as set forth in Section 205 of the Administrative Code, as amended in Section 15.18.040 of this Title."

Add Section 690-19 Solar photovoltaic systems

Disconnecting Means for Multiple Arrays

Where more than one array is combined to form a single output rated more than 50 volts and/or 10 amperes, a disconnecting means rated for the output shall be installed immediately adjacent to the combiner box on the output side.

Exception: If the combiner box is located adjacent to the inverter(s), the disconnecting means as stated above shall not be required.

SECTION 4. Chapter 15.12 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read:

"Chapter 15.12
Plumbing Code

15.12.010 Plumbing Code Adopted. Except as hereinafter provided, the California Plumbing Code, 1998 2001 Edition (Part 5 of Title 24 of the California Code of Regulations), which incorporates and amends the Uniform Plumbing Code, 1997 2000 Edition, published by the International Association of Plumbing and Mechanical Officials, including appendices A, B, C, D, E, G, H, I and, J, K,L and including the installation standards contained in Appendix I of the Uniform Plumbing Code, is hereby adopted by reference as the Plumbing Code of the City of Rancho Palos Verdes. A copy of the Plumbing Code of the City shall be maintained in the office of the City Clerk and shall be made available for public inspection while the Code is in force.

15.12.020 Plumbing Code Amended, Administrative Provisions Deleted. The administrative provisions of the California Plumbing Code, 1998 2001Edition, contained in Chapter 1 of that Code, except Sections 101.1, 101.2 and 101.4, are hereby deleted. The administrative provisions governing the Plumbing Code of the City shall be as set forth in the Administrative Code, as adopted in Chapter 15.18 of this Title. Violation and penalty provisions shall be as set forth in Section 205 of the Administrative Code, as amended in Section 15.18.040 of this Title."

Add Section 1018.0 Water Softener Using Dry Wells for Discharge. Water softener systems using dry wells for the discharge of effluents are prohibited

SECTION 5. Chapter 15.16 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read:

"Chapter 15.16
Mechanical Code

15.16.010 Mechanical Code Adopted. Except as hereinafter provided, the California Mechanical Code, 1998 2001 Edition (Part 4 of Title 24 of the California Code of Regulations), which incorporates and amends the Uniform Mechanical Code 1997 2000 Edition, published by the International Conference of Building Officials published by the International Association of Plumbing and Mechanical Officials, including Appendices A, B, C and D, is hereby adopted by reference as the Mechanical Code of the City of Rancho Palos Verdes. A copy of the Mechanical Code of the City shall be maintained in the office of the City Clerk and shall be made available for public inspection while the Code is in force.

15.16.020 Mechanical Code Amended, Administrative Provisions Deleted. The administrative provisions of the California Mechanical Code, 1998 2001 Edition, contained in Chapter 1, except Sections 101 and 102, are hereby deleted. The administrative provisions governing the Mechanical Code of the City shall be as set forth in the Administrative Code, as adopted in Chapter 15.18 of this Title. Violation and penalty provisions shall be as set forth in Section 205 of the Administrative Code, as amended in Section 15.18.040 of this Title."

Section 310.1 is amended by removing the words disposal area

508.1.1 Grease Ducts is amended by adding Duct bracing and supports shall be on noncombustible material securely attached to the structure, not less than the gage required for grease duct construction

SECTION 6. Chapter 15.18 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read:

"Chapter 15.18
Administrative Code

15.18.010 Administrative Code Adopted. Except as hereinafter provided, the Uniform Administrative Code, 1997 Edition, published by the International Conference of Building Officials, is hereby adopted by reference as the Administrative Code of the City of Rancho Palos Verdes. A copy of the Administrative Code shall be maintained in the office of the City Clerk and shall be made available for public inspection while the Code is in force.

15.18.020. Administrative Code Amended, Liability. Notwithstanding the provisions of Section 15.18.010 of this Chapter, Section 202.9 of the Administrative Code is amended to read:

202.9 Liability. A. The Building Official, or his or her authorized representative charged with the enforcement of this Code and the technical codes, acting in good faith and without malice in the discharge of his or her duties, shall not thereby be rendered personally liable, nor shall the City be vicariously liable, for any damage that may accrue to persons or property as a result of any act or omission or by reason of any act or omission in the discharge of his or her duties.

B. Any suit brought against the Building Official or other employee of the City because of such act or omission performed in the enforcement of any provision of such Codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the City shall be defended by the City until final termination of such proceedings, and any judgment resulting therefrom, other than punitive damages, shall be assumed by the City. The provisions of this paragraph B shall apply only if the Building Official, or his or her authorized representative, is an employee of the City.

C. Such codes shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the City or any of City's agents or employees be held as assuming any such liability by reason of the inspections authorized by this Code or any permits or certificates issued under this Code.

15.18.030. Administrative Code Amended, Appeals. Notwithstanding the provisions of Section 15.18 010 of this Chapter, Section 204 of the Administrative Code is amended to read:

SECTION 204 - APPEALS

In the event that an appeal from a decision of the Building Official regarding interpretation of the technical codes is requested, the Building Official shall seek a code interpretation by the appropriate code writing organization. The Building shall be interpreted by the International Conference of Building Officials Mechanical Codes shall be interpreted International Association of Plumbing and Mechanical Officials. The Plumbing Code shall be interpreted by the International Association of Plumbing and Mechanical Officials or its designated agent. The Electrical Code shall be interpreted by the National Fire Protection Association. The interpretation of the code writing organization shall govern. The cost of obtaining the interpretation shall be paid by the applicant.

15.18.040. Administrative Code Amended, Violations and Penalties. Notwithstanding the provisions of Section 15.18.010 of this Chapter, Section 205 of the Administrative Code is amended to read:

SECTION 205 - VIOLATIONS AND PENALTIES

205.1 Violations. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building, structure or building service equipment or perform any grading in the City or cause or permit the same to be done contrary to, or in violation of, any of the provisions of this code or any of the technical codes.

205.2 Penalties. Any person who violates any provision of this code or any of the technical codes shall be deemed guilty of a misdemeanor, and shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation continued or was permitted, and upon conviction is punishable as set forth in Section 1.08.010 of the Rancho Palos Verdes Municipal Code.

205.3Penalty fees. The permit fees and charges made pursuant to Title 15 of this code shall be doubled, (not including fees for non structural fixture) when work requiring a permit has been started or continued or finished prior to obtaining permit. The double fee shall be based on the structural permit fee, or square footage of remodel area, or a minimum fee as established pursuant to city council resolution.

15.18.050 Administrative Code Amended, Expiration of Permits. Notwithstanding the provisions of Section 15.18.010 of this Chapter, Section 303.4 of the Administrative Code is amended to read:

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 completed through final inspection within the allowed time from the date of issuance of such permit, which time shall be as follows: up to 5,000 square feet, 18 months; 5,000 to 10,000 square feet, 24 months; over 10,000 square feet, 30 months. For good cause, upon initial application for a permit, the Building Official may establish a different expiration date when it is anticipated such date will be necessary to complete construction due to extenuating circumstances. Upon expiration, before work under the permit can be recommenced, a new permit shall be obtained. Such new permit shall be valid for 24 months, and the fee therefor shall be one half the amount required for a new permit for such work, if no changes have been made or will be made in the original plans and specifications for the work and not more than one year has passed since the expiration of the permit; otherwise, such new permit shall be subject to all terms and conditions applicable to new permits.

Any permittee holding an unexpired permit may apply for an extension of the time within which the permittee may complete work under that permit when the permittee is unable to complete the work within the time required by this section although proceedings with due diligence. Application for extension shall be filed on forms prescribed by the Building Official and be accompanied by payment of the fee as established by resolution. The Building Official may extend the time for completion of work under the permit by the permittee for a period of time not exceeding 180 days upon finding the permittee has been proceeding with due diligence and that circumstances beyond the control of the permittee have prevented action from being completed. No permit shall be so extended more than once.

15.18.055. Administrative Code Amended, Section 304.5.1 is amended by adding the following: A site investigation will be conducted and a fee, will be charged for the investigation, for permits that have expired two times, or have expired for more than two years, or any other expired permit as required by the Building Official.The minimum fee as established pursuant to city council resolution.

15.18.060. Administrative Code Amended, Permit Fees. Notwithstanding the provisions of Section 15.18.010 of this Chapter, Tables 3-A, 3-B, 3-C, 3-D, 3-E, 3-F, 3-G, and 3-H of the Administrative Code are hereby amended to read as set forth in the most recent resolution of the City Council regarding fees for building, plumbing, mechanical, electrical, elevator and grading permits, inspections and plan reviews.

15.18.070. Administrative Code Amended, Required Building Inspections. Notwithstanding the provisions of Section 15.18.010 of this Chapter, Section 305.4 of the Administrative Code is amended to read:

305.4 Approval Required. Work shall not be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. Such approval shall be given only after an inspection has been made on each successive step in the construction as indicated in subsection 305.5.

There shall be a final inspection and approval on all buildings, when completed and ready for occupancy, provided however that no such approval shall be given to any new dwelling unit, new commercial building, or new industrial building until there has been full compliance with all requirements of this Code and of Chapter 3.20 of the Rancho Palos Verdes Municipal Code, including payment of the environmental excise tax provided for therein. Upon such compliance the final inspection approval and Certificate of Occupancy shall be issued concurrently by the Building Official.

15.18.080 Administrative Code Amended, Certificate of Occupancy. Notwithstanding the provisions of Section 15.18.010 of this Chapter, Section 309.1 of the Administrative Code is amended to read:

309.1 Use and 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.

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 of the jurisdiction shall not be valid.

15.18.090. Administrative Code Amended, Prohibited Use of Building Sites. Notwithstanding the provisions of Section 15.18.010 of this Chapter, Chapter 3 of the Administrative Code is amended by adding Sections 310, 311, and 312 to read:

310 - GEOTECHNICAL AND GEOLOGICAL HAZARDS

310.1 Offsite Geotechnical and Geological Hazards. No certificate of occupancy or permit under this title shall be issued under the provisions of this chapter when the Building Official finds that the proposed work on, or change in use of, the site for which the permit is requested could activate or accelerate a geological or geotechnical hazard that could damage other property.

310.2 Geological and Geotechnical Hazards. Work requiring a certificate of occupancy or permit under this title is not permitted in an area determined by the Building Official to be subject to hazard from any variety of landsliding or settlement or slippage except as allowed by Sections 310.4 through 310.8. These hazards include, but are not limited to, loose debris, slopewash, and potential mudflows from natural or graded slopes.

310.3 Geological and Geotechnical Reports. The Building Official may require a geological or geotechnical report, or both, where, in the Building Official's opinion, such reports are essential for the proper evaluation of the proposed work or use of the site. As part of this evaluation, the Building Official may require a site visit in order to evaluate the need for such reports. A fee for this site visit shall be collected at this time. A geological report shall be prepared by a Certified Engineering Geologist licensed by the State of California. A geotechnical report shall be prepared by a registered Civil Engineer qualified to perform this work. Every report shall contain a finding regarding the safety of the site, for the proposed structure or use against hazard from any variety of landsliding or settlement or slippage and a finding regarding the effect the proposed building, grading, and/or construction and use of the site will have on the geological stability of the site and/or property outside the site. When both a geological and a geotechnical report are required for the evaluation of the safety of a building site, the two reports shall be coordinated before submission to the Building Official.

310.4 Safe Site. Subject to the conditions of subsection 310.1, a certificate of occupancy or permit under this title may be issued in the following cases:

A. When the applicant has submitted a report(s) required by Section 310.3 that contains sufficient information to satisfy the Building Official that all geological or geotechnical hazards will be eliminated prior to use or occupancy of the land or structure by modifications of topography, reduction of subsurface water, buttresses, or by other means or combination of means and that the proposed work on or use of the site will not adversely affect the subject property or neighboring properties.

B. When the applicant has submitted a report(s) required by Section 310.3 that contains sufficient information to satisfy the Building Official that the site is not subject to geological or geotechnical hazard.

C. Notwithstanding any provisions of this Subsection, the Building Official may, at his or her discretion, deny a permit for any building, structure or grading subject to a hazard of a geological nature which cannot be mitigated and may endanger the health or safety of the occupants, adjoining property, or the public.

310.5 Hazard Eliminated. A certificate of occupancy or permit under this title may be issued only if the reports required by Section 310.3 contain sufficient information to satisfy the Building Official that all geological or geotechnical hazards will be eliminated, prior to use or occupancy of the land or structure, by modification of topography, reduction of subsurface water, buttresses, or by other means or combination of means sufficient to provide a factor of safety of not less than 1.5.

310.6 Pools and Spas. Subject to the provision of Section 310.1, a certificate of occupancy or permit under this title may be issued for pools, spas or fish ponds with a capacity less than 2,000 gallons of water provided:

A. The applicant signs and records with the Los Angeles County Registrar-Recorder a statement in a form approved by the City Attorney that he or she is the owner of the real property and that he or she is aware that the records of the Building Official indicate the property is subject to a physical hazard of a geological nature; and

B. The applicant signs and records an agreement in a form approved the City Attorney releasing the City and all officers, employees, consultants and agents thereof from any liability for any damage or loss which may result from issuance of such permit.

310.7 Outdoor Improvements. Subject to the provisions of Section 310.1, a certificate of occupancy or permit under this title may be issued for outdoor improvements including, but not limited to, patios, decks or gazebos covering not more than 400 square feet.

310.8 Repairs and Alterations in Areas of Potential Geological Hazard. Subject to the provisions of Section 310.1, a certificate of occupancy or permit under this title may be issued in the following cases when the applicant seeks only to alter, repair, or replace existing facilities with no change in grade:

A. MINOR ALTERATIONS OR REPAIRS WHICH ARE NOT DUE TO GEOLOGICAL CONDITIONS BUT WHICH MAY BE DUE TO GEOTECHNICAL CONDITIONS: A certificate of occupancy or permit under this title may be issued when the application is for alteration or repair or both not exceeding twenty-five percent (25%) of the value of the existing structure, where there is no increased water use or enlargement, expansion, or extension of the structure and the alterations or repairs are not required due to damage from a geological hazard.

B. MAJOR ALTERATIONS OR REPAIRS OF CONDITIONS WHICH ARE NOT DUE TO GEOLOGICAL CONDITIONS BUT WHICH MAY BE DUE TO GEOTECHNICAL CONDITIONS: Subject to the conditions set forth in Section 310.61, a certificate of occupancy or permit under this title may be issued when the application is for alteration or repair work exceeding twenty-five percent (25%) of the value of the existing structure, where there is no increased water use or enlargement, expansion, or extension of the structure and the alterations or repairs are not required due to damage from a geological hazard.

C. MINOR REPAIRS OF CONDITIONS DUE TO UNDERLYING GEOLOGIC CONDITIONS: Subject to the conditions set forth in Section 310.61, a certificate of occupancy or permit under this title may be issued when the application is for repair work not exceeding twenty-five percent (25%) of the value of the existing structure, where there is no increased water use or enlargement, expansion, or extension of the structure and repairs are required due to damage from a geological hazard.

310.9 Expert Advice. In carrying out his or her duties pursuant to this Chapter, the Building Official may consult with and rely upon the advice of a certified engineering geologist, geotechnical engineer, or other person with relevant expertise.

SECTION 311 - FILLS CONTAINING DECOMPOSABLE MATERIAL

Building or grading permits shall not be issued for buildings or structures regulated by this code located within 1,000 feet of fills containing rubbish or other decomposable material unless the fill is isolated by approved natural or man-made protective systems or unless designed according to the recommendation contained in a report prepared by a licensed civil engineer. Such report shall contain a description of the investigation, study and recommendation to minimize the possible intrusion, and to prevent the accumulation, of explosive concentrations of decomposition gases within or under enclosed portions of such buildings or structures. At the time of the final inspection, a licensed civil engineer shall furnish a signed statement attesting that the building or structure has been constructed in accordance with his or her recommendations as to decomposition gases.

Buildings or structures regulated by this code shall not be constructed on fills containing rubbish or other decomposable material unless provision is made to prevent damage to structures, floors, underground piping, and utilities due to uneven settlement of the fill.

SECTION 312 - FLOOD HAZARDS

Buildings are not permitted in an area determined by the Building Official to be subject to flood hazard by reason of inundation, overflow, or erosion.

Buildings and other structures shall be placed on a site so that water or mud flow will not be a hazard to the building or to adjacent property.

Minor structures which are not intended for human habitation such as fences, trellises, patios, decks, spas, pools, and sheds may be placed in flood hazard areas provided:

A. Such placement will not increase the hazard to adjacent property from inundation, erosion, or related causes;

B. Prior to issuance of a permit for such minor structure the owner shall sign and record with the Los Angeles County Registrar-Recorder a statement in a form approved by the City Attorney that the applicant is the owner of the property and is aware that the records of the Building Official indicate that the property is subject to flood hazard by reason of inundation, overflow, or erosion; and

C. The applicant signs and records an agreement in a form approved by the City Attorney releasing the City and all officers, employees, and agents thereof from any liability for damage or loss which may result from issuance of such permit including damage to the minor structure authorized by the permit.

SECTION 7. Chapter 15.24 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read:

"Chapter 15.24
Dangerous Buildings Code

15.24.010 Dangerous Buildings Code Adopted. Except as hereinafter provided, the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials, is hereby adopted by reference as the Dangerous Buildings Code of the City of Rancho Palos Verdes. A copy of the Dangerous Buildings Code of the City shall be maintained in the office of the City Clerk and shall be made available for public inspection while the Code is in force.

15.24.020 Dangerous Buildings Code Amended, Administrative Provisions Deleted. Notwithstanding the provisions of Section 15.24.010, the administrative provisions of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, contained in Chapters 1 and 2, except Sections 101 and 102, are hereby deleted. The administrative provisions governing the Dangerous Buildings Code of the City shall be as set forth in the Administrative Code, as adopted in Chapter 15.18 of this Title. Violation and penalty provisions shall be as set forth in Section 205 of the Administrative Code, as amended in Section 15.18.040 of this Title."

SECTION 8. Chapter 15.28 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read:

Chapter 15.28
Housing Code

15.28.010 Housing Code Adopted. Except as hereinafter provided, the Uniform Housing Code, 1997 Edition, published by the International Conference of Building Officials, is hereby adopted by reference as the Housing Code of the City of Rancho Palos Verdes. A copy of the Housing Code of the City shall be maintained in the office of the City Clerk and shall be made available for public inspection while the Code is in force.

15.28.020 Housing Code Amended, Administrative Provisions Deleted. The administrative provisions of the Uniform Housing Code, 1997 Edition, contained in Chapters 1 and 2, except Sections 101 and 102, are hereby deleted. The administrative provisions governing the Housing Code of the City shall be as set forth in the Administrative Code, as adopted in Chapter 15.18 of this Title. Violation and penalty provisions shall be as set forth in Section 205 of the Administrative Code, as amended in Section 15.18.040 of this Title."

SECTION 9. The City Council hereby finds that the modifications to the State Building Code in this Ordinance regarding grading (Section 15.04.050 of the Rancho Palos Verdes Municipal Code) and specialized foundation requirements in certain areas of the City (Section 15.04.060 of the Rancho Palos Verdes Municipal Code) are reasonably necessary because of the local climate which is characterized by hot, dry summers, followed by strong Santa Ana winds and heavy winter rains. These conditions, combined with the geological characteristics of the area, which include proximity to active earthquake fault zones and the existence of historic and active landslides, require regulation of new construction and grading operations to prevent damage to occupants of other property and users of public ways. Grading operations in the City, which is a hilly area that is already substantially developed, are likely to create hazardous conditions. New construction or additions in an active landslide area must be regulated to assure the slide will not be exacerbated, and if possible, will be improved. These factors require specific and greater protection than is afforded by the State Building Code.

The City Council hereby further finds that the modifications to the State Building Code in this Ordinance regarding seismic safety requirements (Section 15.04.040 of the Rancho Palos Verdes Municipal Code) are necessary due to the geological characteristics of the area, which include proximity to active earthquake fault zones.

The City Council hereby further finds that the modifications to the State Fire Code in Title 32 of the Los Angeles County Code; the modifications to the State Fire Code regarding fireworks (Section 8.08.020 of the Rancho Palos Verdes Municipal Code), flammable vegetation (Section 8.08.030 of the Rancho Palos Verdes Municipal Code), and fire-warning systems (Section 8.08.040 of the Rancho Palos Verdes Municipal Code); and the modifications to the State Building Code regarding fire resistive roofing (Section 15.04.030 of the Rancho Palos Verdes Municipal Code) are reasonably necessary for the health, safety, and general welfare of the residents of the City due to the following local climatic, geological and topographical conditions:

The local climate is characterized by hot, dry summers, followed by strong Santa Ana winds, which are further accentuated by the topographical features of hills and canyon areas in and adjacent to the City, and heavy winter rains. These climatic conditions make structures in the City particularly vulnerable to rapidly spreading, wind-driven fires.

The City's zoning ordinances and participation in the Natural Communities Conservation Planning (NCCP) program promote the preservation of coastal sage scrub habitat. Grass fires are a frequent and natural part of Southern California's ecosystem, including areas adjacent to the coast. Structures located near coastal sage scrub require additional protection against ignition from flying embers.

The City Council hereby further finds that the modifications to the State Building, Electrical, Mechanical, and Plumbing Codes in this Ordinance regarding administrative provisions (Sections 15.04.020, 15.08.020, 15.12.020, and 15.16.020 of the Rancho Palos Verdes Municipal Code) are necessary to allow the uniform application of the codes by procedures suited to the size and nature of the City's staff and administrative agencies by means suited to the City's experience with local climatic, geological, and topographical conditions and to provide sufficient staff support for the time-consuming inspections and analysis required by the City's fire and geological hazards.

Accordingly, the Council finds the modifications in this Ordinance to the State Fire Code, Building Code, Electrical Code, Mechanical Code, and Plumbing Code to be necessary for the protection of the public health, safety, and welfare.

SECTION 10. All inconsistencies between the Building Code, Electrical Code, Mechanical Code, Plumbing Code, and Fire Code, as adopted by this Ordinance, and the 1998 2001 edition of the California Building Code, Electrical Code, Mechanical Code, Plumbing Code, and Fire Code, as set forth in Parts 2, 3, 4, 5 and 9, respectively, of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7.

SECTION 11. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Rancho Palos Verdes Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments.

SECTION 12. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council of the City of Rancho Palos Verdes hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.

PASSED, APPROVED AND ADOPTED THIS ____DAY OF_____, 2002.

_________________________________
MAYOR

ATTEST:

____________________________
CITY CLERK

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )ss

CITY OF RANCHO PALOS VERDES )

I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; the foregoing Ordinance No. 381 was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on _____, 2002, and that the same was passed and adopted by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

__________________________________
CITY CLERK