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HomeMy WebLinkAboutORD 1065ORD 1065pT3(Ìì¿á ORDINANCE NO. 1065 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK PROHIBITING THE USE OF COMBUSTIBLE ROOFING MATERIALS IN NEW DEVELOPMENTS OR FOR RE-ROOFING WHEREAS, the use of combustible roofing materials in the City of Baldwin Park makes it more likely that a fire may cause greater property damage and endangerment to lives; and WHEREAS, once a fire has begun, the use of combustible roofing materials creates a condition where the fire may quickly and easily spread to adjacent structures and lands; and WHEREAS, current non-combustible materials are now not only fire retardant, but also have an aesthetically attractive appearance; and WHEREAS, it is the furtherance of the public health, safety, and welfare to prohibit the use of combustible roofing material; and WHEREAS, the City has adopted by reference the Uniform Building Code 1991 Edition); and WHEREAS, the Uniform Building Code 1991) Sections 3201 et seq, fail to prohibit the use of combustible roofing materials; and WHEREAS, the City Council desires to prohibit any future use of combustible roofing materials in either new structures of for re-roofing of an existing structure; THEREFORE, the City Council of the City of Baldwin Park does ORDAIN as follows: SECTION 1: Section 15.04.121 is hereby added to the Baldwin Park Municipal Code to read as follows: 15.04.121 Section 3201() Amended Roof Construction and Covering General Section 3201(a) of the Uniform Building Code is amended to read as follows: Section 3201(a) General. Roofs shall be as specified in this code and as otherwise required by this Chapter. Roof coverings shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof. Skylights shall be constructed as required in Chapter 34. Penthouses shall be constructed as required in Chapter 36. For use of plastics in roofs, see Chapter 52. For solar energy collectors located above or upon a roof, see Section 1715." SECTION 2: Section 15.04.122 shall be added to the Baldwin Park Municipal Code as follows: BIB] 37651-U01 ORD-U02 1065-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4373-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1065-U05 JUN-U05 2-U05 1993-U05 ORD 1065pT3(Ìì¿á 15.04.122 Section 3203 amended deleting combustible roofing materials from the list of permissible roofing materials for either roofing a new structure or the re-roofing of an existing structure. Section 3203 is amended to read as follows: Section 3203. The roof covering on any structure regulated by this Code shall be a Class A roof covering as specified in Section 3204(a). All roof coverings on new structures and all re-roofing shall be a Class A roof covering as specified in Section 3204(a). The Class A roof covering shall comply with the test standard for determining fire retardancy of roof covering materials, as set forth in Uniform Building Code Standards 1991) No.32-7. The roof-covering assembly includes the roof deck, underlayment, interlayment, insulation, and the Class A covering." SECTION 3: Section 15.04.123 shall be added to the Baldwin Park Municipal Code as follows: 15.04.123 Waiver of Class A Roofing Requirement. A. Roofs on New Structures or on Additions to Existing Structures. All roof coverings installed on new structures or on additions to existing structures, with the exception of patio and similar covers as determined by the Building Official, shall be Class A fire retardant roof coverings and conform to Uniform Building Code Standards 1991) No. 32-7 for Class A roof coverings. A waiver of this requirement may be applied for only when an addition to an existing structure will not increase the combustible roof area by more than twenty-five percent 25%). If a waiver of this requirement is desired, an application for waiver shall be filed with the Building Official. The Building Official shall determine if a waiver is appropriate. An appeal of the Building Official's decision to deny a waiver may be made to the Planning Commission if a written notice of the appeal is. filed with the city Clerk. The decision of the Planning Commission to affirm the Building Official's denial of a waiver may be appealed the City Council if a written notice of the appeal is filed with the City Clerk. The decision of the City Council shall be final. B. Re-roofing an Existing Structure. All re-roofings of existing structures, including partial re-roofings, shall be Class A fire retardant roof coverings that conform to Uniform Building Code Standards 1991) No. 32-7 for a Class A roof coverings. This requirement shall not apply to the partial re-roofing of an existing structure where the re-roofing repairs, replaces, or overlays less than twenty-five percent 25%) of the roof area of the roof area of the structure. BIB] 37651-U01 ORD-U02 1065-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4373-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1065-U05 JUN-U05 2-U05 1993-U05 ORD 1065pT3(Ìì¿á If the re-roofing repairs, replaces, or overlays more than twenty-five percent 25%) but less than fifty percent 50%) of the roof area of the structure, this requirement shall apply but an application for a waiver of this requirement may be filed with the Building Official. The Building Official shall determine if a waiver is appropriate. An appeal of the Building Official's decision to deny a waiver may be made to the Planning Commission if a written notice of the appeal is filed with the City Clerk. The decision of the Planning Commission to affirm the Building Official's denial of a waiver may be appealed if a written notice of the appeal is filed with the City Clerk. The decision of the City Council shall be final. No application for a waiver may be filed or granted if the re-roofing repairs, replaces, or overlays fifty percent 50%) or more of the roof area of the structure." SECTION 4: Section 15.04.124 shall be added to the Baldwin Park Municipal Code as follows: 15.04.124 Violations. a) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of the Building Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the Building Code shall be guilty of a misdemeanor unless such violation or failure is declared therein to be an infraction. An infraction shall be tried and be punishable as provided in Section 19.6 of the Penal Code and the provision of this section. b) Every violation of the Building Code is punishable as a misdemeanor unless provision is otherwise herein made, and shall be punishable by a fine of not more than one thousand dollars $1,000.00) or by imprisonment in the county jail for a period of not more than six 6) months, or by both such fine and imprisonment. c) Every violation of the Building Code which is provided for therein to be an infraction, is punishable by a fine as set forth in the Building Code section, or as otherwise provided in the Building Code, not to exceed fifty dollars $50.00) for the first violation, one hundred dollars $100.00) for a second violation of the same provision within one 1) year and two hundred fifty dollars $250.00) for each additional violation of the same provision within one 1) year. d) Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the Building Code is committed, continued or permitted by such person, and shall be punishable accordingly. e) In addition to the penalties herein above provided, any condition caused or permitted to exist in violation of any of the provisions of the Building Code shall be deemed a public nuisance and may be summarily abated as such by the City. Each day that such a condition continues shall be deemed to be a new and separate offense." BIB] 37651-U01 ORD-U02 1065-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4373-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1065-U05 JUN-U05 2-U05 1993-U05 ORD 1065pT3(Ìì¿á SECTION 5: This Ordinance shall take effect thirty 30) days after the date of its adoption, and prior to the expiration of fifteen 15) days from the passage thereof shall be published at least once in a newspaper of general circulation, published and circulated in the City of Baldwin Park and thenceforth and thereafter, the same shall be in full force and effect. PASSED, APPROVED AND ADOPTED by the City Council of the City of Baldwin Park at a regular meeting held on the 2nd day of June 1993. MAYOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park hereby certify that the Ordinance No. 1065 having been regularly introduced at the meeting of April 21 1993, was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at the regular meeting of the City Council held on the 2nd day of June 1993 and said Ordinance as passed and adopted by the following vote: AYES COUNCIL MEMBERS GALLEGOS, MCNEILL, MARTINEZ, MAYOR VARGAS NOES COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS IZELL ABSTAIN COUNCIL MEMBERS NONE BIB] 37651-U01 ORD-U02 1065-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4373-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1065-U05 JUN-U05 2-U05 1993-U05