Loading...
HomeMy WebLinkAboutNS-1573REL/fm 2/19/81 ORDINANCE NS-1573 AN ORDINANCE OF THE CITY OF SANTA ANA REPEALING SECTIONS 8-40, 8-41, 8-42, 8-60, 8-61, 8-80, 8-120, 8-157, AND 8-163 AND AMENDING SECTIONS 8-43, 8-90, 8-111, 8-112, 8-151, 8-156, 8-179, 8-180, AND 8-190 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTIONS 8-95 AND 8-191 THERETO TO ADOPT THE UNIFORM BUILDING CODE, 1979 EDITION, WITH AMENDMENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Sections 8-40, 8-41, and 8-42 of the Santa Ana Municipal Code are hereby repealed. SECTION 2: That Section 8-43 of the Santa Aha Municipal Code is amended to read as follows: Sec. 8-43. Adoption by reference. There is adopted by the City that certain code known as the Uniform Building Code, 1979 Edition, and the whole thereof, together with the appendices therein and the 1979 Edition of the Uniform Building Code Standards, save and except such portions as are deleted by the amendments set forth in this article, of which said code not less than three (3) copies have been and are on file in the office of the Clerk of the Council of the City. The said code is adopted and incorporated as fully as if set forth at length herein as provided for in Section 419 of the Charter of the City, and subject to all amendments set forth in this article, shall be in effect within the City of Santa Ana from the effective date of this ordinance. Any provision of this article amending the "Building Code" or Uniform Building Code" shall be construed as amending the said adopted code, 1979 Edition, including such provisions enacted prior to the enactment of this ordinance and not thereafter repealed. The said adopted code, 1979 edition, as thus amended, together with all other provisions of this article, shall be known as the Building Code of the City of Santa Ana. SECTION 3: That Sections 8-60, 8-61 and 8-80 of the Santa Ana Municipal Code are hereby repealed. SECTION 4: That Section 8-90 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-90. Creation of Department (Section 201). Section 201 of the Building Code is amended to read as follows: There is established in the City the Department of Building Safety, which shall be under the jurisdiction of the Director of Building Safety designated by the City Manager. Wherever in this code reference is made to building official such reference shall be taken to mean Director of Building Safety. ORDINANCE NO. NS-1573 PAGE TWO SECTION 5: That the Santa Aha Municipal Code is hereby amended by adding a section, to be numbered 8-95, which said section reads as follows: Sec. 8-95. Exempted Work (Section 301(b)) Sec. 301(b) of the Building Code is hereby amended to read as follows: 1. One-(l) story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed fifty (50) square feet and not over eight (8) feet above average grade as defined in this code, and with no electric or plumbing fixtures or heating in the structure. 2. Fences not over six (6) feet high. 3. Oil derricks. 4. Cases, counters and partitions not over five (5) feet high. 5. Retaining walls which are not over four (4) feet in height measured from the bottom of the footing to the top of the wall unless supporting a surcharge of impounding fla~able liquids and not acting as a foundation for a building or structure or retaining soil loaded by a building footing or supporting a fence or wall. 6. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5,000) gallons and the ratio of height to diameter or width does not exceed two (2) to one (1). 7. Painting, papering and similar finish work. 8. Temporary motion picture, television, and theater stage sets and scenery. Group R, not more Window awnings supported by an exterior wall of Division 3, and Group M Occupancies when projecting than fifty-four (54) inches. 10. 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 five thousand (5,000) gallons. Unless otherwise exempted by this code, 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 this code or any other laws or ordinances of this jurisdiction. SECTION 6: That Section 8-111 of the Santa Ana Municipal Code is hereby amended to read as follows: ORDINANCE NO. NS-1573 PAGE THREE Sec. 8-111. Fees (Section 304) Section 304 of the Building Code is amended by deleting therefrom subsection (e). SECTION 7: That Section 8-112 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-112. Use or Occupancy (Section 307(a)). Sec. 307(a) of the Building Code is amended to read as follows: (a) Use or Occupancy. No building or structure shall be used or occupied, or shall such building or structure be connected with permanent utility services until the Building Official has determined compliance with this Code, all other applicable ordinances and laws, and the conditions of the building permit, and has authorized occupancy of such building or structure. No existing commercial or industrial building whose electrical service has been disconnected shall be reconnected with permanent electrical service until the Building Official has determined that the building does not constitute an unsafe building as defined by Section 203. SECTION 8: That Section 8-120 of the Santa Ana Municipal Code is hereby repealed. SECTION 9: That Section 8-151 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-151. Swimming pools (Section 1101) Sec. 1101, Division 2 is hereby amended to read as follows: Division 2: Swix~ing pools, fences over six (6) feet high, walls retaining three (3) feet or more of earth, tanks, and towers. SECTION 10: That Section 8-156 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-156. Pool fence required (Section 1107) Chapter 11 of the Building Code is amended by adding Section 1107 to read as follows: Sec. 1107. Fencing required. Every swimming pool, pond, or other body of water eighteen (18) inches or more in depth at any point shall be surrounded by a fence or wall not less than five (5) feet above the adjacent exterior grade. Such fence or wall shall be constructed and maintained with no openings or projections which could serve as a means to scale same, and also of sufficient distance from any structure, shrubbery, or grade. Openings between vertical members shall be no wider than five (5) inches and horizontal members, accessible from the exterior, shall be no closer than forty-eight (48) inches. ORDINANCE NO. NS- 1573 PAGE FOUR EXCEPTION: Any man-made pond or lake which is designed, constructed, and maintained to conform to all of the following standards: 1. The maximum water depth of the pond or lake shall not exceed eighteen (18) inches at any place within four (4) feet of the bank (bank shall mean the edge of the water or any point adjacent to or under a bridge, dock, or similar structure or feature which provides access to the water.) 2. From a point four (4) feet from the bank, the water depth may increase at a maximum slope of one (1) inch for every eight (8) inches of horizontal distance away from the bank. 3. The bottom shall be surfaced within fifteen (15) feet of the bank with concrete, asphalt, soil cement, or other material approved by the Director of Building Safety. The vertical distance from the bank to this bottom surface shall not exceed eighteen (18) inches, measured at the bank. 4. The open areas surrounding the pond or lake within a distance of twenty (20) feet from the bank shall not increase in grade at a slope greater than one (1) inch for every eight (8) inches of horizontal distance away from the bank. 5. The drainage, water level, and overflow system shall be designed with a secondary water level control which will automatically function to maintain water levels and depths within the limits of these standards in the event of failure or stoppage of the primary control. The design of such systems shall be submitted to and receive approval of the Director of Public Works and Director of Building Safety prior to beginning ~of construction. Openings for gates or doors through such enclosure shall not exceed forty-eight (48) inches in width. Each gate or door shall be self-closing and self-latching with release five (5) feet from exterior grade or so located on the pool side as to prevent release from the exterior. EXCEPTION NO. 1: Doors opening into a dwelling or apartment. EXCEPTION NO. 2: When approved by the Building Official, municipal or public school operated pools or ponds when under continuous supervision while gates or doors are unlooked. Except for single family residences, the fence or walls shall be so located as to allow access to all living units without entering the pool enclosure. The fence or walls shall serve to isolate the pool from other activities or structures and shall be located within fifty (50) feet of the pool. Gates in such enclosures shall be located in view of the pool. A building wall with no doors may be used as part of such pool enclosures when within the specified distance of the pool. ORDINANCE NO. NS- 1573 PAGE FIVE EXCEPTION: When approved by the Building Official, such enclosures may include sunshade, toilet, or shower structures which are used only in conjunction with the pool. SECTION 11: That Section 8-157 of the Santa Aha Municipal Code is hereby repealed. SECTION 12: That Section 8-163 of the Santa Ana Municipal Code is hereby repealed. SECTION 13: That Section 8-179 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-179. Agricultural Buildings (Appendix Chapter 11) The Building Code is amended by deleting the provisions pertaining to Chapter 11 in the Appendix thereof including Table lla therein. SECTION 14: That Section 8-180 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-180. Chapter 35) Sound Transmission Control (Appendix The Building Code is amended by deleting the provisions relating to Chapter 35 in the Appendix thereof. SECTION 15: That Section 8-190 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-190. Elevators, dumbwaiters, escalators, and moving walks. (Appendix Chapter 51) The Building Code is amended by deleting the provisions relating to Chapter 51 in the Appendix thereof. SECTION 16: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 8-191, which said section reads as follows: Sec. 8-191. Energy Conservation in New Building Con- struction. (Appendix Chapter 53) The Building Code is amended by deleting the provisions relating to Chapter 53 in the Appendix thereof. SECTION 17: If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ORDINANCE NO. NS- 1573 PAGE SIX SECTION 18: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall, in any manner, affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 20th day of April , 1981, by the following vote: AYES: NOES: COUNCILMEN: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan COUNCILMEN: Serrat0 ABSENT: ATTEST: COUNCILMEN: None APPROVED AS TO FORM: ,. CITY ATTORNEY