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HomeMy WebLinkAboutORD 417ORD 417x ôÎÀORDINANCE NO- 7 AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 8501 OF THE BALDWIN PARK XJNICIPAL CODE, RELATING TO THE ADOPTION OF THE 1965 UNIFORM WIRING CODE^ AND AMENDING SECTIONS 8200 AND 8201 OF THE BALDWIN PARK MUNICIPAL COOE.^ RELATING TO THE ADOPTION OF THE 1964 UNIFORM PLUMBING CODE AND THE 964 U^IFORflT. HEATING AND COMFORT COOLING CODE, AND AMEND- ING SECTIONS 8100 AND 8101 OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO THE ADOPTION OF THE 1964 UNIFORM BUILDING CODE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOA/S SECTION That Section 8301 of the Baldwin Park ntcfpal Code is hereby amended to read, respectively, as follows: 8501- ADOPTION OF T^E UNIFORM WIRING COP^. That the Uni form Wiring Code, 1965 Edition", pursuant to Section 50022.1 of the Government Code of the State of California is hereby adapted by this reference as the Wiring Code for the City of Baldwin Park, Whenever in said code, reference is made to the Electrical Safety Engineer", said phrase shall mean the City's Building Official." SECTION 2. That Sections 8200 and 8201 of the Baldwin Park Municipal Code are hereby amended to read, respectively, as follows: 200. ADOPTION OF THE UNIFORM PLJ/^ING CODE- 1964 EDITION" The 964 Uniform Plumbing Code, pursuant to Section 50022.1 of the Government Code of the State of California, is hereby adopted, by this reference, as the Plumbing Code for the City of Baldwin Park." 8201 APPmW OF THE UNIFORM HEATING AND COHORT COOLING COpEj. 1964 H) IT ION". The 1964 Uniform Heating and Comfort Cooling Code, pursuant fo Section 50022.1 of the Government Code of the State of Calif- ornia s hereby adopted by this reference as the Heating and Comfort Cooling Cod^ for the City of Baldwin Park. Whenever in said Code, reference is made to the Administrative Authority", said phrase shall mean the City»s BuNding Official." SECTION 3. That Sections 8100 and 8101 of the Baldwin Park Municipal Code are hereby amended to read, respectively, as follows: 8100. ADOPTION QF_THg NIfQRM EU I LD^CL CODE. 964_EpJT>0^ Subject to certain changes and amendments, as hereinafter set forth, the City Council of the Ctty of Baldwin Park does hereby adopt, except for Chapter 70 thereof consisting of Section 7001 through 7020, inclusive) as the bunding) regulations for said City the Uniform Building Code, 1964 Edition, Volume I" I, copyrighted and adopted by the International Conference of Building Officials}, which said Code consists of a published compilation of rules, regulations and standards, pertaining to the erection, construction, enlargement, alteration, repair, moving, demolition, conversion and maintenance of all buildings and structures, and declaring and establishing the types of buildings which may be constructed in established fire zones. Said Uniform Building Code is made a part hereof as if set forth in full in this Chapter." 8»01. SAfiE. AME^ghfrS TO CERTAIN SECTIONS OF THE UN^RM BUUDING qgQE- The following sections of the Uniform Building Code, hereafter Code11), adopted by Section 8(00 hereof, are hereby amended to read as follows: a) Section 202 a) Gep^r^. The Supertendent of Building Inspection is hereby designated as the enforcement officer with reference to the provisions of this Code. i 2^4^. FIRST READING SECOND READING...S.:J/..;.^.S. BIB] 37949-U01 ORD-U02 417-U02 LI2-U03 FO31549-U03 FO31648-U03 DO31664-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 417x ôÎÀb) Section 202 f) Occupancy Violations. Vi/henever any building or structure is being used contrary to the provisions of this Code, the Building Official shall order such use discontinued and the structure, or any portion thereof, shall be vacated by the person so using it. Such order shall be in writing, and shall be served upon such person by United States mail, postage prepaid, return receipt requested, addressed to such person at his last known address. Such person shall discontinue the objectionable use within a period of not to exceed ten days after the mailing of such notice; or in the alternative, such person shall take the action necessary to insure that the said building or structure or portion thereof, complies with the requirements of this Code. c) Section 203 b) Notice to Owner- When theBuildingOfficia* shall determine that a building or structure, or portion thereof, is an unsafe building as defined in this Code, he shall thereupon give written notice to the owner of such building or structure, stating the reasons which in his opinion constitute the same as an unsafe building. Said notice shall be in writ ing and shall be served by United States mail, postage prepaid, return receipt requested, addressed to the owner at his last known address. Said notice shall require the owner, or person in charge of the said building or premises, to commence either the required repairs or improvements, or the demolition and removal of said building or structure or portion thereof, and shall designate a period of time within which such activity shall take place, not ess than 48 hours in cases of extreme emergency, nor a period of longer than 90 days from the date of mailing of such notice. If an emergency situation occurs, with respect to an unsafe building, the building official, as part of the notice hereinabove referred to, shall require the building, structure or portion thereof, to be vacated forthwith and not reoccupied until the repairs and improvements are completed, inspected and approved by the ButIding Official. Any person aggrieved by the decision of the BuUdingOfficial, with reference to an unsafe building, shall have the right of appeal to the City Council. Said appeal shall be in writing and shall be submitted to the City Clerk, who shall thereupon set the matter upon the Council's agenda for hearing thereupon. The City Clerk shall give ten days' notice to the applicant, and any person requesting such notice, in writing, by United States mail, postage prepaid, return receipt requested at said individual's last known place of residence, The City Council at the time set for said hearing, shall determine whether the decision of the Building Official was reasonable and proper in view of the provisions of this Code and the provisions of the Baldwin Park Municipal Code. The Council shall afford the applicant and any other interested party a reasonable opportunity to present evidence bearing upon the question of the building or structure being an unsafe building. d) Section 204 Jnteroret^t i qn of Cpde. The City Council, upon the recorrmendation of the Building Official, shall determine the suitability of alternate materials, and types of construction, and shall provide any interpretation of any of the provisions of this Code which may be required in the interest of clarity. Decision of the City Council with respect to any matter of interpretation or suitability of alternate materials and types of construction shall be made by majority vote of the Council and shall be final and conclusive, fe^ Section 502 e) Denial R^Yft^'^fIr The Building Official shall have the authority to deny the issuance of building permit or to revoke a building permit under the following circumstances: 1) Whenever a building permit has been issued in error, or upon the basis of incorrect information supplied by the applicant, or in violation of any provision of this Code or of the Baldwin Park Municipal Code, the Building Official shall revoke the same. Revocation shall be accomplished by written notice to the licensee by United States Mail, postage prepaid, return receipt requested, addressed to the licensee at his last known address. Said notice shall contain the basis for the action taken. 2) The Building Official shall deny any application for a building permit where the issuance would or could result in the violation of any provision of the Code or of the Baldwin Park Municipal Code, or 2- BIB] 37949-U01 ORD-U02 417-U02 LI2-U03 FO31549-U03 FO31648-U03 DO31664-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 417x ôÎÀif he should find that such issuance would be detrimental to the public welfare or safety. Any person aggrieved by the action of the Building Official in denying the application for a building permit or in revoking an existing building permit shall have the right of appeal to the City Council, such appeal shall be made in writing and filed with the City Clerk. Upon receipt of such appeal to the City Clerk the matters shall be set for hearing before the City Council as soon as is practical. The City Clerk s^iail Notify the applicant and all other persons requesting such notice of the time and place of such hearing. At such time and place of hearing the City Council shall review the action of the Building Official and shall afford the applicant or any other interested person a reasonable opportunity to be heard in connection therewith. If the City Council finds that the action of the Building Official is reasonable and in conformity with the provisions of this Code, and the Baldwin Park Municipal Code, it shall uphold tho decision of the Building Official. If such finding is not made it shall reverse the decision of the Building Official and the action of the City Council shall be final and conclusive. f) Section 305 a) 9ji i I n i go Pprmj t Feqg. A fee for each buNd- ing permit shall be paid to the Building Official as set forth in Table No. 3-A. The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. nhere work for which a permit is required by this Code is started or commenced without obtaining a permit and when this is discovered, as a result of an i nvest igat ion by the But Idi ng Official the fee as speci tied shall be doubled, provided however, that any penalty shall not be less than $10.00 or exceed $200.00. The payment of such double fee or maximum penalty shall not relieve any person from fully complying with the require- ments of this Code in the execution of the work or from any other penalties prescribed herein. When inspection is requested for which no fee is established in this Code the fee shall be $15.00 for each building inspected. g) Section 303 b) Plan Check i no Fees. When the valuation of the proposed construction exceeds $1000.00 and a plan is required to be submitted by subsection c" of Section 301, a plan checking fee shall be paid to the Building Official at the time of submitting plans and specifications for checking. Such plan checking fee shall be equal to one-half of the but I ding per fee as set forth in Table No. 3A. Where plans are of such complexity are incomplete or are changed as to require additional plan checking time, addi- tional plan checking fees shall be paid at the rate of $10.00 per hour for the amount of time expended. When an applicant uses an approved standard plan on which the pre- scribed plan checking fee has been paid, for identical structures elsewhere, the plan checking fee for each such duplicate structure, shall be equal to one-half of the full plan checking fee as set forth in above. Standard Plans" shall be compared stamped and kept on the Job as required by subsection b), d) of Section 302 of this Code. Any deviation from an approved standard plan shall require the payment of the full plan checking fee. A Standard Plan" shall be valid for one year from the date of approval; this date may be extended by the Building Official when said plans are continuaIly in use, but not for a period of not to exceed 18 months from the d$te of approval of the original. h) Section 304 d) 5) th nspfctiQn. To be made after ail. lathing interior and exterior is in place and all plaster materials are delivered on the job, but before any plaster is applied. For the purpose of determining compliance with Chapter 47, gypsum wallboard shall be inspected at this phase. i) Section 304 f) ytfrJtten ARpI caj-ion and Fees. Any application for final inspection shall be made in writing, upon a form to be prescribed by the Building Official. No final inspection shall be conducted untiI such wri tten appiicat ion has been f>led with the BuiI ding Official. After any project has been Inspected twice for the same purpose, and still shall not have been In such condition so as to permit the approval thereof, an addi- tional inspectiofi fee in the sun of $5.00 shal'l be paid to the Byilding Official in advance, for each additional inspection required over and above the first two such inspections. When the particular phase of construction is not ready 3- BIB] 37949-U01 ORD-U02 417-U02 LI2-U03 FO31549-U03 FO31648-U03 DO31664-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 417x ôÎÀfor an inspection at the time that the applicant calls for the same, an additional fee of $2,50 shall be paid to the Building Official before said inspection shall be made. J) Section 506 a) Use or Qccupanpv, No building or structure in Group A and H occupancy inclusive shall be used or occupied and no change in the existing occupancy, classification or character of occupancy or use of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy therefor as provided herein. Changes in the character or use of a building shall not be made except as specified in Section 502 of this Code. k) Section 306 b) AppIJcatign. Said certificate of occupancy shall be obtained from the Building Official upon completion of an application for the certificate stated under penalty of perjury and payment of fee thereof of $15.00 for other than an original certificate of occupancy for a new building. \Vhere a change in the existing occupancy classification is made an inspection of the premises as deemed necessary by the Building Official to determine that the provisions of subsection c" are met shall be made before issuance of said certificate; said applica- tion form shall contain the following: I) Building permit number, 2) Address of building, 5) A des- cription of that portion of building for which the certificate is issued, 4) V/hatever other information the Building Official deems necessary to determine proper occupancy. U Section 306 c) Certificate Issued- When it is found that the building or structure complies with the provisions of this Code the Uniform Plumbing Code, the Uni form Wiri ng Code, and the Code of the City of Baldwin Park, California. The comprehensive zoning ordinance of the City of Baldwin Park, as aforesaid codes have been amended by the City of Baldwin Park, and with State Law, the Building Official shall is^e the certificate of occupancy. m) Section 306 d) T^P0'"3^ cerf' cafe, A temporary certificate of occupancy may be issued by the Building Official for the use of a portion or portions of a building or structure prior to the comp.'etion of the entire building or structure upon the application for a 50-day temporary clearance of connection of the utilities and a payment for the additional inspections of $15.00 therefor. In the event the building is not completed and ready for final inspection in the time prescribed by the BuiIdi ng Official the bui I ding shalI be vacated and utN it ies disconnected unti1 such time that the building is completed and final inspection is made and a certificate of occupancy is issued as set forth above, n) Section 306 e) JPasting- The certificate of occupancy shall be posted in a conspicuous place on the premises, and shall not be removed except by the Building Official. o) Section 506 f) CompIi^nce. No certificate of occupancy shall be issued, nor shall any approval be given for the connection of any utility, to any building or structure until the owner or contractor shall have removed all-debris from the premises and shall have constructed and installed any required driveways and parking areas in accordance with City standards, p) Section 601 i(«) Fijre Zones Hstqlpl ished. For the purposes of this Code, atl properties within the City are hereby declared to be in the fojlowing; 1) All properties zoned C-P, C-I, C-2, C-M, M-l and M-2 shall be deemed to be in Fire Zone No. 2; and 2} All other properties in the City shall be deemed to be in Fire Zone No. 3, q) Section 503 cl 2) All openings in floors.forming a 3-hour fire-resistive occupancy separation shall be protected by various enclosures extending above and below such openings; the walls of such vertical enclosures to be of not less than 2-hour f?re resistive construc- tion and all openings therein shall be protected with a li-hour fire assembly, BIB] 37949-U01 ORD-U02 417-U02 LI2-U03 FO31549-U03 FO31648-U03 DO31664-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 417x ôÎÀr) Section 1102 b) Speqi^t Provisions. Atotor /ehic^e service stations shall be of incombustible or one^hour fire-resistive con- struction, i including canopies and supports over pumps. In storage garages and motor vehicle service stations, floors shall be entirely protected against saturation. Storage areas in excess of one thousand square fe?^ i'^W sq. ft.), in connection with wholesale or retaN sales, shall tf t-o-r^^ed from the public areas by a One-Hour Fire-Resistive Occupanc / /v,)ar3t ion as defined in Chapter 5, For attic space partitions and draft stops see S^c^'on 5205. All service stations, gasoline pumps or o^-her f?ctt>i"'^s for filling automobiles with gasoline and pump islands upon wh.ch th^y ot'e placed shall be back twelve 12) feet from the property line. However, if the pumps or the island upon which the pL'^ps are locate are set in a perpendicular position to any street or pr^pc-ry i'"e or if the pn^p^ are at any other position other than parclloi t^o a property liiis tho setbacks shall be twenty 20) feet, so that d!I hicular traffic by the pumps shall be far enough away from the propcrry line so ihar they will be no hazard to pedestrians walking or traveling upon the sidewalk adjacent to the subject property. s) Section 1711 a) Floors nd 7a: Is, The floors and v-'aPs of public toilet comportments in Groi-os A orc<;uh H Occupancies, a^ those within two feet 21) op the front anc: p'J?- v'rinsis, sh<-J be f^n^hyj with a smooth hard nona^sorbent sur^C2 n-'/ t"N£/ r approved qual. Walls shall be so finished to a height of c-r fee^ 4^1 ab^ve the fix'r. Materials other than structural elements use^. in such walls shall be of a type which is not adversely affected by moisture. Each water closet compartment shall be not less than thirty inches 30") in width. For the purpose of this section a public toilet" cornF"?rJmer^ s defined as any room housing toilet fed litres except those rocr-i serv'-.g residential occupancies that are available to a single family, a single apartment or suite of rooms for other than transit guests. Such rooms falling within this definition shall be subject to the requirements of Section 1711. t) Section 2105 a) g^F^'P"3 2 and 3, 2) h F;ro Z^e No. 2 a one-hour fire-resistive time period wilt requt-rea for an exi-er^or wall of type IV, building or group of bu ridings housing a Group F,G, or J occupancy, when such buNding or group of buildings exceed 2900 square feet of f loor area. 3) In Fire Zone No, 2 or No. 5 a fire-resistive time period will not be required for an exterior wall of a one-story Type IV building housing a Group F, G, or J occupancy provided the floor area cf the building does not exceed one thousand 1000) square feet and such wall is located not less than five 5) feet from a property line. u) Section 5005- AH shafts, ducts, chutes and other vertical openings not covered in Section 3002 shall have enclosing walls conforming to the requirements specified under the type of construction of the build- ing in which they are located. Rubbish and linen chute openings shall not be located in required exit enclosures. Such chutes shall terminate in rooms separated from the remainder of the building by 1-hour fire-resistive occupancy separations. v) New Section 3104 Concrete Floors. Minimum thickness of concrete slab floors supported directly on the ground shall be not less than 5^". Fills and base soils supporting such slabs shall be consolidated by puddling, tamping, or other means. w)} New Subparagraph 5) to Section 3302 a) For the purpose of this Section exit doors not otherwise regulated by this code shall have a minimum width of 28" clear opening, a minimum height of 72 inches, revolving, sliding or overhead doors shall not be used as required exits." 5- BIB] 37949-U01 ORD-U02 417-U02 LI2-U03 FO31549-U03 FO31648-U03 DO31664-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 417x ôÎÀSECTION 4. That three 3i copies of each said Code, above des- cribed are, and have been,. fifteen 15) days prior to the public hecring relating to this Ordinance, on file in the Office of the City Clerk of the City of Baldwin Park, open for public inspection. SECTION 5. Violation^ a Misdemeanor. No person sh^ 1 I v*ola1-e any provision, or fail to comply with any of the requirements f rps Ordinance Any person violating any of the provisions or failing to comf../ ir:. any of the mandatory requirements of this Ordinance, shall be guilty c^ misdemeanor. Any person convictetf of a misdemeanor under the provisions of th?s Ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City or County Jai* for a period ho*- exceeding six months, or by both such fine and imprisonmeni. Ea<"h uch person shall be guilty of a separate offense for each and eve.y u^/ during any portion of which any violation of any provision of this Ordinance is cowiitted, continued, or permitted by such person and shall be punishable accordingly, n addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provi^on,. uf this Ordnance shall be deemed a public nuisance and may be/ by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense, SECTION 6. That the City Clerk shall certify to the adoption of this Ordinance, and cause the same to be published n the manner" pre- scribed by law. PASSED and APPROVED t-his day of. ML August 196 R i^-y^^^ L^L^^L^ Iwry /ldr*tes. Mayor ArrEST:^^^7^ L^^ Thelma L. Balkus, City Clerk STATE OF CALIFORNIA COUWY OF LOS ANGCLES) SS: CITY CF BALDWIN PARK 1^ TH£L/^ L. BALMyS, City Clerk of the City of Baldwin Par^, do hereby certify that the foregoing Ordinance No.ALL.was regularly introduced and placed upon its first reading at a__^ regular meeting of the City Council on the 7th day of____I^IL—— W^ That, thereat^er^ said ordinance was duly adopted and passed at a__ regular meeting of the City Council on the th v of August *96JL. by the following wte: AYES: COJ^CtLMEH GREGORY. MOREHEAD, ADAIR AND MAYOR CRITES W£S: COUNCILS NONE_____________________________ ABSENT; COIMCU^EN MCCARON BIB] 37949-U01 ORD-U02 417-U02 LI2-U03 FO31549-U03 FO31648-U03 DO31664-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04