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Ordinance No. 118 110 ORDINANCE NO. 118 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ADOPTING BY REFERENCE AND AMENDING THE CURRENT EDITIONS OF CERTAIN MODEL CODES RELATING TO THE REGULATION OF CONSTRUCTION AS FOLLOWS: UNIFORM BUILDING CODE, 1997 EDITION, VOLUMES 1, 2 AND 3, WITH APPENDIX; NATIONAL ELECTRICAL CODE, 1996 EDITION; UNIFORM PLUMBING CODE, 1997 EDITION; UNIFORM MECHANICAL CODE, 1997 EDITION, UNIFORM HOUSING CODE, 1997 EDITION AND THE UNIFORM ADMINISTRATIVE CODE, 1997 EDITION. WHEREAS, Government Code Section 50022.2, et seq., provides that ordinances and codes of the Federal, State, or any agency of either of them, and any national or regional organization may be adopted by reference, provided that prior to such adoption by reference a noticed public hearing has been held; and WHEREAS, a copy of these codes and standards is on file with the City Clerk; and • WHEREAS, a noticed public hearing has been held by the City Council at which time all interested persons had the opportunity to appear and be heard on the matter of adopting by reference the current editions of certain model codes as follows: Uniform Building Code, 1997 Edition vol. 1, 2 and 3, with Appendix; National Electrical Code, 1996 Edition; Uniform Plumbing Code, 1997 Edition; Uniform Mechanical Code, 1997 Edition; Uniform Housing Code, 1997 Edition and the Uniform Administrative Code, 1997 Edition; together with amendments thereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. BUILDING CODE ADOPTED. Except as hereinafter provided, the Uniform Building Code, 1997 Edition vol. 1, 2 and 3, published by the International Conference of Building Officials, including the generic fire-resistive ratings listed in the Fire Resistance Design Manual, Fourteenth Edition, dated 1997, published by the Gypsum Association as referenced in Tables numbered 7A, 7B and 7C and as referenced in Appendix Chapter 12 Division II and the Geotechnical Guidelines for Geotechnical reports, which establish the minimum requirements for soils and geology report requirements as referenced herein. Uniform Building Code, Appendix Chapters 3 Division I and II, 4, 9 11, 12 Division I and H, 15, 16, 18, 21, 23, 30 including ASME/ANSI A 17.1, 1987, Safety Code for Elevators and 11. Escalators, including Supplements. A17.1a-1988, A17.1b-1989, published by the American Society of Mechanical Engineers and to ANSI/ASME A17.3a-1986, Safety • Code for Existing Elevators and Escalators, including supplements A17.3a-1989, published by the American Society of Mechanical Engineers, 31, 33 and 34, including Structural Welding Code — Reinforcing Steel, AWS D1.4-92 (UBC standard 19-1) and the American National Standard for Accessible and Usable Buildings and Facilities, CABO/ANSI A117.1-92 published by the Council of American Building Officials as modified or amended in the Uniform Building Code referenced herein are hereby adopted by reference as the Building Code of the City of Chino Hills. A copy of the Uniform Building Code, 1997 Edition vol. 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 1997 published by the Gypsum Association as referenced in Tables numbered 7A, 7B and 7C and as referenced in Appendix Chapter 12; Uniform Building Code. Appendix Chapters 3 Division I, II and IV, 4, 9, 11, 12 Division I and II, 15, 16 18, 21, 23, 30 including ASME/ANSI A17.1, 1987, Safety Code for Elevators and Escalators, including Supplements. A17.1a-1988, A17.1b-1989, and to ANSI/ASME A17.3a-1986, Safety Code for Existing Elevators and Escalators, including supplements A17.3a-1989, published by the American Society of Mechanical Engineers, 31, 33 and 34, including Structural Welding Code — Reinforcing Steel, AWS D1.4-92 (UBC standard 19-1) and the American National Standard for Accessible and Usable Buildings and Facilities, CABO/ANSI A117.1-92 published by the Council of American Building Officials as modified or amended in the Uniform Building Code referenced herein shall be maintained in the office of the City Clerk in the City of Chino Hills, and shall be made available for public inspection while this Code is • in force. SECTION 2. BUILDING CODE AMENDED, ADMINISTRATIVE PROVISIONS DELETED. The Administrative Provisions of the Uniform Building Code, 1997 Edition vol. 1, 2 and 3 chapter 1, except Section 101, are hereby deleted. The Administrative Provisions governing the Building Code shall be set forth in Sections 18 through 24 of this Ordinance. SECTION 3. BUILDING CODE AMENDED, PROHIBITED USES OF BUILDING SITES. Uniform Building Code, 1997 Edition vol. 1, 2 and 3, Chapter 1, Section 106.3.2.1 as adopted by the City of Chino Hills is hereby added to read as follows: 106.3.2.1 PROHIBITED USES OF BUILDING SITES. (a) GEOLOGIC HAZARDS. 1. No building or grading permit shall be issued under the provisions of this section when the Building Official finds that property outside the site of the proposed work could be damaged by activation or acceleration of a geologically hazardous condition and such activation or acceleration could be attributed IIIto the proposed work on, or, change in use of, the site for which the permit is requested. • 2. Work requiring a building or grading permit by this code is not permitted in an area determined by the Building Official to be subject to hazard from landslide, settlement, or slippage. These hazards include those from loose debris, slopewash and the potential for mudflows from natural slopes or graded slopes. For the purposes of this section landslide, settlement, or slippage does not include surface displacement due to earthquake faults. 3. Subject to the conditions of subsection 1 of this section, permits may be issued in the following cases: a. When the applicant has submitted a geological and/or geotechnical engineering report or reports complying with the provisions of section 106.3.2 which report or reports show that the hazard will be eliminated prior to the use or occupancy of the land or structures by modification of topography, reduction of subsurface water, buttressing, a combination of these methods, or by other means. b. When the applicant has submitted a geological and/or geotechnical engineering report or reports complying with the provisions of section 106.3.2 which report or reports contain sufficient data to show that the site appears to be in no danger for the intended use. c. When the work involves the alteration or minor repair of existing II structures and the cost of such alteration or repair does not exceed 25 percent of the value of the existing structure, such value to be based on assumed continuation of the established legal use and does not involve the construction of any new foundations or any new living space. Before a permit is issued, the owner shall record in the County Recorder (1) a statement that he is aware that the records of the Building Official indicate that the property is subject to a physical hazard of a geological nature and (2) an agreement relieving the City and all officers and employees thereof of any liability for any damage or loss which may result from issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the County Recorder a statement that he finds such hazard no longer exists. The repair work shall consist of restoring the original construction. Provision may be made for adjustment of the floor in anticipation of future settlement. d. When the work involves an addition or additions to an existing structure but is not a change in use or occupancy and such work does not increase the area of the structure more than 25 percent of the area of the structure existing on July 6, 1968. Before a permit is issued, the applicant shall submit a geological and, or geotechnical engineering report or reports complying fully with the provisions of Section 106.3.2 which report or reports contain a finding that the proposed increased use of the site will not be geologically unsafe, and the owner shall record in the County Recorder (1) the finding of such report or reports and (2) an agreement relieving the City and all • officers and employees thereof of any liability for any damage or loss which may result from the issuance of such a permit. This agreement shall provide that it is binding on all • successors in interest of the owner and shall continue in effect until the Building Official records in the County Recorder a statement that he finds a hazard no longer exists. e. When the work involves a one-story, light frame accessory structure not intended or used for human occupancy and not exceeding 400 square fee in area nor 12 feet in height. f. When the work involves the repair of single family residences and accessory buildings where the cost of such repair exceeds 25 percent of the value of the existing building or involves the replacement of such structures where the loss to be replaced was due to causes other than landslide, settlement, or slippage. Before a permit is issued the owner shall: (1) Record in the County Recorder (a) a statement that he is the owner and that he is aware that the records of the Building Official indicate that the property is subject to a physical hazard of a geological nature and (b) an agreement relieving the City and all officers and employees thereof of any liability for any damage or loss which may result from issuance of such a permit. This agreement shall provide that it is binding on all successors in interest of the owner and shall continue in effect until the Building Official records in the County Recorder a statement that he finds such hazard no longer exists. • (2) Submit calculations and plans for the proposed re-construction prepared by a registered civil engineer and designed to minimize damage while accommodating the amount of vertical and horizontal displacements which he determines are probable or which have occurred since the original structure was built, whichever is the greater. g. Notwithstanding any other provisions of this subsection, the Building Official may, at his 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. (b) CONDITION USE. Work required by this Section as a condition for the use of the site shall be performed prior to the connection of the utilities or occupancy of the building. SECTION 4. BUILDING CODE AMENDED, GEOLOGICAL ENGINEERING REPORTS. Uniform Building Code, 1997 Edition vol. 1, 2 and 3, Chapter 1, Section 106.3.2.2 as adopted by the City of Chino Hills is hereby added to read as follows: 106.3.2.2 GEOLOGICAL AND GEOTECHNICAL ENGINEERING • REPORTS IIIThe Building Official may require a geological or geotechnical engineering report, or both where in his opinion such reports are essential for the evaluation of the safety of the site. A geotechnical engineering report shall be prepared by an engineer experienced in soil mechanics. When both a geological and a geotechnical engineering 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. The report shall contain a finding stating that the building site for the proposed structure will be safe against hazard from landslide, settlement, or slippage and a finding that the proposed building or grading construction will have no affect on the geologic stability of property outside of the building site. This finding must be substantiated with sufficient data and analyzed consistent with the current standard of care and must be concurred with by the Building Official who may rely on the opinion of independent Geotechnical reviewers. SECTION 5. BUILDING CODE AMENDED, UNIT SEPARATION. Uniform Building Code 1997 Edition vol. 1, 2 and 3, Chapter 3, Section 310.2.2.1 as adopted by the City of Chino Hills is hereby added to read as follows: 310.2.2.1 GROUP R UNIT SEPARATION: Not withstanding other provisions of the section, the units of newly constructed two-family residential buildings shall be separated by a two (2) hour area separation wall. • Exception: Fully sprinkled buildings. SECTION 6. BUILDING CODE AMENDED, AREA SEPARATION WALLS. Uniform Building Code, 1997 Edition vol. 1, 2 and 3, Chapter 5, Section 504.6.1 as adopted by the City of Chino Hills is amended to read as follows: 504.6.1 General. Each portion of a building separated by one or more area separation walls which comply with the provisions of this sub-section may be considered a separate building. The extent and location of such area separation walls shall provide a complete separation. Area separation walls shall not be considered to create separate buildings for the purpose of automatic fire sprinkler system requirements as set forth in Chapter 9. EXCEPTION: Buildings separated by continuous area separation walls of four- hour fire-resistive construction without openings. Buildings required to have automatic fire sprinkler protection as set forth in Section 13113 of the Health and Safety Code are prohibited from using area separation walls in lieu of automatic fire sprinkler protection. • • When an area separation wall also separates occupancies that are required to be separated by an occupancy separation, the most restrictive requirements of each separation shall apply. SECTION 7. BUILDING CODE AMENDED, FIRE SPRINKLERS. Uniform Building Code 1997 Edition vol. 1, 2 and 3, Chapter 9, Section 904.2 as adopted by the City of Chino Hills is amended to read as follows: 904.2.1 Where required. An automatic fire-extinguishing system shall be installed in the occupancies and locations as set forth in this section. For provisions on special hazards and hazardous materials, see the Uniform Fire Code. 904.2.2 All Occupancies except Group R. Division 3 and Group U, an automatic sprinkler system shall be installed. 1. In every story or basement of all buildings when the floor area exceeds 1,500 square feet (139.4m2) and there is not provided at least 20 square feet (1.86m2) of opening entirely above the adjoining ground level in each 50 lineal feet 15 240 mm) or fraction thereof of exterior wall in the story or basement on at least one side of the building. Openings shall have a minimum dimension of not less than 30 inches (762 mm). Such openings shall be accessible to the fire department from the exterior and shall • not be obstructed in a manner that firefighting or rescue cannot be accomplished from the exterior. When openings in a story are provided on only one side and the opposite wall of such story is more than 75 feet (22 860 mm) from such openings, the story shall be provided with an approved automatic sprinkler system, or openings as specified above shall be provided on at least two sides of an exterior wall of the story. If any portion of a basement is located more than 75 feet (22 860 mm) from openings required in this section, the basement shall be provided with an approved automatic sprinkler system. 2. At the top of rubbish and linen chutes and in their terminal rooms. Chutes extending through three or more floors shall have additional sprinkler heads installed within such chutes at alternate floors. Sprinkler heads shall be accessible for servicing. 3. In rooms where nitrate film is stored or handled. 4. In protected combustible fiber storage vaults as defined in the Fire Code. 5. Throughout all buildings with a floor level with an occupant load of 30 or more that is located 55 feet (16 764 mm) or more above the lowest level of fire • department vehicle access. • EXCEPTION: 1. Airport control towers. 2. Open parking structures. 3. Group F, Division 2 Occupancies. 6. Throughout all buildings having an area of 7,500 feet or more. 7. In all automobile parking areas which are located beneath any structure used for human occupancy regardless of area in accordance with N.F.P.A. Standard 13- D, amended to provide sprinkler coverage in the ratio of 100 square feet of floor area per sprinkler head. EXCEPTION: Private garages in conjunction with R-3 Occupancies described as single-family, detached dwelling units. 8. Fire protection systems in the aforementioned sections will be required to be tested in accordance with State Fire Marshal regulations and after any major repair or modification. 9. The system certification and maintenance records must be provided to the Fire Department. Neither the City nor the Fire Department shall be held liable for any IIIconditions arising from such tests. SECTION 8. BUILDING CODE AMENDED, FIRE SPRINKLERS. Uniform Building Code 1997 Edition vol. 1, 2 and 3, Chapter 9 Section 940.2.8 as adopted by the City of Chino Hills is hereby amended to read as follows: 904.2.8 Group R. Division 1 Occupancies: An automatic sprinkler system shall be installed throughout all new construction and additions. Existing buildings shall be retrofit throughout with automatic sprinklers when the new addition is 50% or greater of the original building square footage. Automatic sprinkler system installation shall be in accordance with the standard for installation of sprinkler systems, U.B.C. Standard 9-1, 1997 and U.B.C. Standard 9-3, Installation of Sprinkler Systems in Group R occupancies Four Stories or Less. Residential or quick-response standard sprinkler heads shall be used in the dwelling unit and guest room portions of the building. SECTION 9. BUILDING CODE AMENDED, FIRE RESISTIVE ROOFING • • Uniform Building Code, 1997 Edition, Vol. 1, 2 and 3 Chapter 15, Section 1503, as adopted by the City of Chino Hills is hereby amended to read as follows: SECTION 1503 ROOF-COVERING REQUIREMENTS The roof covering on any structure regulated by this Code shall be Class "A" as classified in Section 1504. EXCEPTION: Repairs of and additions to existing structures which repairs and additions require the replacement or installation of no more than twenty-five percent (25%) of the total roof area in any twelve-month period may be made using material to match the existing roof. The roof-covering assembly includes the roof deck, underlayment, interlayment, insulation, and covering which is assigned a roof-covering classification. SECTION 10. PLUMBING CODE ADOPTED. Except as hereinafter provided, the Uniform Plumbing Code, 1997 Edition, published by the International Association of Plumbing and Mechanical Officials, including the IAPMO installation standards and Appendices A, B, C, D, E, F, H, I and J is hereby adopted by reference as the Plumbing Code of the City of Chino Hills. A copy • of the Uniform Plumbing Code, 1997 Edition, including the IAPMO installation standards and Appendices A, B, C, D, E, F, H, I and J shall be maintained in the office of the City Clerk of the City of Chino Hills and shall be made available for public inspection while this Code is in force. SECTION 11. PLUMBING CODE AMENDED, ADMINISTRATIVE PROVISIONS DELETED. The Administrative Provisions of the Uniform Plumbing Code, 1997 Edition, as adopted by the City of Chino Hills, contained in Chapter 1 of that Code except Sections 10.1, 10.2, and 10.3 are hereby deleted. The administrative provisions governing the Plumbing Code shall be as set forth in Sections 18 through 24 of this Ordinance. SECTION 12. MECHANICAL CODE ADOPTED. Except as hereinafter provided, the Uniform Mechanical Code, 1997 Edition, published by the International Association of Plumbing and Mechanical Officials, including Appendix Chapters A, B C and D is hereby adopted by reference as the Mechanical Code of the City of Chino Hills. A copy of the Uniform Mechanical Code, 1997 Edition, including Appendix Chapters A, B, C and D shall be maintained in the office of the City Clerk of the City of Chino Hills and shall be made available for public inspection while this Code is in force. • • SECTION 13. MECHANICAL CODE AMENDED, ADMINISTRATIVE PROVISIONS DELETED. The Administrative Provisions of the Uniform Mechanical Code 1997 Edition, contained in Chapter 1 of that code, except Sections Subsection 101.1, 101.2 and 101.3 are hereby deleted. The administrative provisions governing the Mechanical Code shall be as set forth in Sections 18 through 24 of this Ordinance. SECTION 14. ELECTRICAL CODE ADOPTED. Except as hereinafter provided, the National Electrical Code, 1996 Edition, published by the National Fire Protection Association is hereby adopted by reference as the Electrical Code of the City of Chino Hills. A copy of the National Electrical Code, 1996 Edition, shall be maintained in the office of the City Clerk of the City of Chino Hills and shall be made available for public inspection while this Code is in force. SECTION 15. ELECTRICAL CODE ADMINISTRATIVE PROVISIONS. The National Electrical Code, having no administrative provisions, shall be governed by administrative provisions as set forth in Sections 18 through 24 of this Ordinance. • SECTION 16. 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 Chino Hills. A copy of the Uniform Housing Code, 1997 Edition, shall be maintained in the office of the City Clerk of the City of Chino Hills and shall be made available for public inspection which this Code is in force. SECTION 17. HOUSING CODE AMENDED, SUBSTANDARD BUILDINGS DEFINED. Chapter 10 of The Uniform Housing Code, as adopted by the City of Chino Hills is hereby deleted. The definitions for substandard buildings shall be as set forth in the State of California Health and Safety Code section 17920.3. SECTION 18. 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 Chino Hills. A copy of the Uniform Administrative Code, 1997 Edition, shall be maintained in the Office of the City Clerk of • the City of Chino Hills and shall be made available for public inspection while this Code is in force. III SECTION 19. ADMINISTRATIVE CODE AMENDED, LIABILITY. The Uniform Administrative Code, Section 202.9 as adopted by the City of Chino Hills is hereby amended to read as follows: 202.9 LIABILITY. The Building Official, or his/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 duties, shall not thereby be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the Building Official, agent, or employee because of such act or omission performed by the Building Official, agent, or employee in the enforcement of the provision of such Codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by this jurisdiction. The provisions of this Section shall apply if the Building Official or his/her authorized representative(s) are acting under contract as agents of the jurisdiction, except • to the extent such provisions are inconsistent with the contract in which case the terms of the contract shall apply. This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling a building, structure, or building service equipment therein for damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction or agent be held as assuming any such liability by reason of the inspection authorized by this Code or any permits or certificates issued under this Code. SECITON 20. ADMINISTRATIVE CODE AMENDED, BOARD OF APPEALS. The Uniform Administrative Code, 1997 Edition, Chapter 2, Section 204, Subsection 204.1 as adopted by the City of Chino Hills, is hereby amended to read: 204.1 GENERAL. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretations of the technical codes, there shall be and is hereby created a Board of Appeals consisting of the Members of the City Council or such other body as the City Council may designate by Resolution. The Building Official shall be an ex-officio member and shall act as secretary to said board but shall have no vote upon any matter • before the Board. The Board of Appeals shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. The Board may retain the • services of individuals who are qualified by experience and training to give credible testimony on matters before the Board. The cost of such expert testimony shall be borne by the person filing the appeal. Any and all appeals shall be filed and processed in accordance with Sections 2.04.100 through 2.04.130 of the Chino Hills Municipal Code. SECTION 21. ADMINISTRATIVE CODE AMENDED, PREPARATION OF GEOTECHNICAL REPORTS. The Uniform Administrative Code, 1997 Edition, Chapter 3, Section 302, Subsection 302.2.1, as adopted by the City of Chino Hills is hereby added to read: 302.2.1 All Geotechnical reports submitted to the City for review shall comply with "The City of Chino Hills Guidelines for the Preparation of Geotechnical Reports for Land Development". SECTION 22. ADMINISTRATIVE CODE AMENDED, WORK EXEMPT FROM PERMIT. The Uniform Administrative Code, 1997 Edition, Chapter 3, Section 301.2, Subsection 301.2.1, as adopted by the City of Chino Hills is hereby amended to read: III301.2.1 Building permits. A building permit shall not be required for the following: 1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 120 square feet(11.15m2). 2. Fences not over 6 feet (1829 mm) high. 3. Oil derricks. 4. Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) high. 5. Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids. 6. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18925 L) and the ratio of height to diameter or width does not exceed two to one. • 7. Platforms, walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below. • 8. Painting, papering and similar finish work. 9. Temporary motion picture, television and theater stage sets and scenery. 10. Window awnings supported by an exterior wall of Group R, Division 3, and Group U-1 Occupancies when projecting not more than 54 inches 91372 mm). 11. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons (18925 L). 12. Radio and television antennae towers which do not exceed 35 feet in height and ground supported dish antennas not exceeding 15 feet in height above finished grade in any position. 13. Flagpoles not erected upon a building and not more than 15 feet high. 14. A tree house provided that: a. It does not exceed 64 square feet in area nor 8 feet in height from floor to roof or 16 feet in height from adjacent grade to highest point. • b. The ceiling height as established by door height or plate line does not exceed 6 feet. 15. Playground equipment. Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above exempted items. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of other laws or ordinances. SECTION 23. ADMINISTRATIVE CODE AMENDED, PERMIT FEES. Tables 3-A, 3-B, 3-C, 3-D, 3-E, 3-F, 3-G, and 3-H of the Uniform Administrative Code, 1997 Edition as adopted by the City of Chino Hills are hereby amended to read as set forth in the most recent Resolution of the City Council regarding fees for building, plumbing, mechanical, electrical, grading permits, and plan review. III 0 SECTION 24. VIOLATIONS AND PENALTIES. It shall be unlawful and a misdemeanor for any person to violate any provision of the codes adopted herein and shall subject the violator to punishment in accordance with Sections 1.01.200 et seq. (attached) of the Chino Hills Municipal Code. SECTION 25. AMENDMENTS NECESSARY. Pursuant to Section 17958.5 of the Health and Safety Code of the State of California, the City Council of the City of Chino Hills hereby finds that the amendments of those building standards which have been adopted by any State agency contained in the Uniform Building Code 1997 Edition vol. 1, 2 and 3, made by this Ordinance are reasonably necessary due to local climatic, geological, or topographical conditions. Specifically, amendments relating to fire resistive roofing are related to the City's location in a hot dry climate with strong winds which create a hazard of roof-to-roof spread of fire. Amendments relating to foundation design and geology reports are related to the City's mountainous topography and its location in a seismically active area of complex geology. Amendments to administrative provisions are reasonably necessary to provide for the enforcement of building standards and amendments in an area of mountainous topography, complex geology and hot dry climate and the following: 1. The climate weather patterns within the City are a factor making the III amendments reasonably necessary. Frequent periods of drought and low humidity add to the fire danger. 2. During the summer months, the dry winds and existing vegetation mix to create a hazardous fuel condition which has resulted in large loss vegetation and structure fires. Summer temperatures exceeding 100° and severe "Santa Ana" winds frequently occur and can move a fire quickly throughout the canyon areas add to the difficulty in suppressing fires. 3. Because of weather patterns, the City (like other Southern California cities) has experienced a need for water conservation. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. While sound management of the water resources is possible, demands and possible critical depletions on an already stressed water supply can most assuredly be predicted. 4. The City has within it boundaries potentially active seismic hazards. Seismic activity within the City occurs yearly and a fire potential exists with these active faults. Existing structures and planned new development are at serious risk from these faults. 5. For practicality and cost reasons, many new structure are built of wood II (Type V) construction. Many existing structures also have wood shake roofs. The potential for a conflagration exists due to the design and density of current structures. • 6. Electrical supply and telephone communication failures occur due to high winds as well as other reasons. Water supply pumps and early notification of a fire cannot always be counted on. SECTION 26. UNIFORM FIRE CODE, UNIFORM FIRE CODE STANDARDS, AND UNIFORM CODE FOR SOLAR ENERGY INSTALLATIONS NOT REPEALED. City Ordinance Number 44 adopted the Uniform Fire Code; the Uniform Fire Code Standards; and the Uniform Code for Solar Energy Installations. By Adopting this Ordinance, the City Council intends that such codes are not repealed by this action and the same shall remain in full force and effect. SECTION 27. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after adoption by the City Council. SECTION 28. SEVERABILITY. If any section, subsection, sentence, clause, phrase or word of this Ordinance is III for any reason held to be invalid by a Court of competent jurisdiction such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared invalid. SECTION 29. REPEAL OF CONFLICTING ORDINANCES. Upon the effective date of this Ordinance, the provisions hereof shall supersede all provisions within Ordinance No. 71 and Ordinance 71 is hereby repealed upon the effective date of this Ordinance. SECTION 30. The City Clerk is directed to appropriately codify the provisions of this ordinance in the Chino Hills Municipal Code. SECTION 31. CERTIFICATION. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance including the vote for and against the same in the Office of the City Clerk in accordance with Government Code Section 36933. III • PASSED, APPROVED, AND ADOPTED this8thday of June , 1999. GAR . LARSON, MAYOR ATTEST: LINDA D. RUTH, CITY CLERK APPROVED AS TO FORM: /4/7 MARK D HENSLEY, CITY ATTO' EY 110 I a STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF CHINO HILLS ) I, LINDA D RUTH, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that the foregoing Ordinance No. 118 was duly introduced for first reading at a regular meeting of the City Council held on the 11 thday of May , 1999, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 8th day of June , 1999, by the following roll call vote to wit: AYES: COUNCIL MEMBERS: Larson, Norton-Perry and Thalman NOES: COUNCIL MEMBERS: None 111 ABSENT: COUNCIL MEMBERS: Graham and Wickman Coll'cXt4 LINDA D. RUTH, CITY CLERK I hereby certify that the foregoing is the original of Ordinance No. 118 duly passed and adopted by the Chino Hills City Council on June 8, , 1999. Fi :-(SEAL) LINDA D. RUTH, CITY CLERK PUBLISH: Champion Newspaper June 12, 1999 0