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HomeMy WebLinkAboutOrdinance 1592 (Various Building Code Amendments)CLERK'S CERTIFICAT I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Er. -Officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance NO. 1592 entitled: "ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL BY AMENDING AND ADOPTING CHAPTER 12.12 "UNIFORM BUILDING CODE" (1988 ed.), CHAPTER 12.14 "UNIFORM MECHANICAL CODE" (1988 ed.), CHAPTER 12.16 "UNIFORM PLUMBING CODE" (1988 ed.), CHAPTER 12.20 "ELECTRICAL CODE'S (NATIONAL ELECTRICAL CODE, 1987 ed. AND UNIFORM ELECTRICAL CODE, 1971 ed.), CHAPTER 12.26 "UNIFORM HOUSING CODE" (1988 ed.), CHAPTER 12.28 "UNIFORt-1 CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS" (1988 ed.), CHAPTER 12.32 "UNIFORM S14Ih1MING CODE, SPA AND HOT TUB CODE (1988 ed.), AND CHAPTER 12.38 "UNIFORM SOLAR ENERGY CODE" (1988 ed.)" is a true and correct copy of an ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 21ST day of 14AY 1990 -, published as required by City Charter in the HARIN INDEPENDENT JOURNAL , a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a REGULAR meeting of the City Council of said City held on the 4TH day of JUNE 1990 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Breiner WITNESS my hand and the official seal of the City of San Rafael this 4TH day of JUNE , 19 90 JEANNE M. LEON INY/,`City Clerk 0 d U ORDINANCE NO. 1592 ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL BY AMENDING AND ADOPTING CHAPTER 12.12 "UNIFORM BUILDING CODE" (1988 ed.), CHAPTER 12.14 "UNIFORM MECHANICAL CODE"(1988 ed.), CHAPTER 12.16 "UNIFORM PLUMBING CODE" (1988 ed.), CHAPTER 12.20 "ELECTRICAL CODE" (NATIONAL ELECTRICAL CODE, 1987 ed. AND UNIFORM ELECTRICAL CODE, 1971 ed.), CHAPTER 12.26 "UNIFORM HOUSING CODE" (1988 ed.), CHAPTER 12.28 "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS" (1988 ed.), CHAPTER 12.32 "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE (1988 ed.), AND CHAPTER 12.38 "UNIFORM SOLAR ENERGY CODE" (1988 ed.) THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. CHAPTER 12.12, Uniform Building Code, is hereby amended to read in its entirety as follows: CHAPTER 12.12. UNIFORM BUILDING CODE. Section 12.12.010 Adoption of Uniform Building Code and Uniform Building Code Standards. 12.12.020 Amendments made in the Uniform Building Code. 12.12.030 Penalty for violation. 12.12.010. Adoption of Uniform Building Code. There is adopted, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, and the general welfare of the general public, that certain code known as the Uniform Building Code, 1988 Edition, and the Uniform Building Code Standards, 1988 Edition, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, 90601, and the whole thereof including the Appendix, save and except such portions as are hereinafter deleted, added thereto or amended. Not less than three copies of the Uniform Building Code, 1988 Edition, in- cluding the Appendix thereof, and the Uniform Building Code Standards, 1988 Edition, are now and have been on file in the office of the City Clerk and the Uniform Building Code, including the Appendix thereof, and the Uniform Building Code Standards, are adopted and incorporated herein by reference as though set forth in full. 12.12.020. Amendments made in the Uniform Building Code. The Uniform Building Code adopted by Section 12.12.010 is changed, added to, and amended in the following respects. The section and/or ORDINANCE NO. 1592 chapter numbers hereinafter referred to are the section and/or chapter numbers of the Uniform Building Code. Section 202(c) is amended to read as follows: "Section 202(c). Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this title, or when- ever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises an immediate threat to health and safety, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be un- occupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California." Section 204 is amended by adding thereto the following: "Nothing contained in this section shall prevent the Mayor or City Council from appointing the Mayor and City Council as the Board of Appeals." Section 303(a) is amended to read as follows: Section 303(a). Issuance. The Building Official shall ex- amine, review and check all applications, plans and specifications submitted by the applicant. Such application, plans and specifica- tions may be examined and reviewed by other City departments to ensure compliance with the laws and ordinances under their jurisdiction. The Building Official shall satisfy himself that the work described in said application, for a permit and the plans and specifications filed - 2 - ORDINANCE NO. 1592 therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fee specified, in Section 304(a) has been paid. After such examination, review and checking the Building Official shall approve the permit." "When the Building Official issues the permit, he shall in writing or by stamp note on both sets of plans and specifications 'APPROVED'. Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans." Section 305 is amended by adding a new subsection (h) to read as follows: "(h) No utilities shall be connected until such time as a final building inspection is approved and all other City department requirements have been completed." Section 307(c) is amended to read as follows: Section 307(c). Certificate Issued. After final inspection and after a determination that the building or structure and the land on which it is located comply with all City approvals, imposed condi- tions and restrictions respecting the buildings, structures or land, and after a determination that the buildings, structures or land com- ply with all of the provisions of this code and all City ordinances, the Building Official shall issue a Certificate of Use and Occupancy which shall contain all of the following: "(1) The building permit number." "(2) The address of the building." "(3) The name and address of the owner." "(4) A description of that portion of the building, structure or land for which the certificate is issued." "(5) A Statement that the subject portion of the building, structure or land complies with the requirements of this code and the approvals, conditions, restrictions and ordinances of the City of San Rafael as respecting group and division of occupancy and the use for which the proposed occupancy is classified." - 3 - ORDINANCE NO. 1592 "(6) The name of the Building Official." Section 2308(b) shall be amended by adding the following: "Wooden retaining walls may not be used to support a per- manent structure." Chapter 32 is amended by deleting from Table 32-A all listings for non -rated roof coverings (NR) and inserting a listing for Class C roofing (C) where non -rated roof coverings have been deleted. Chapter 44 is amended by adding thereto the following Section 4410 which shall read as follows: "Section 4410. Mud or Loose Dirt on Public Street. No per- son, firm or corporation who has a valid building or demolition permit shall permit any mud or loose dirt to be removed from the job site and deposited on any public street." Appendix Chapters 1 and 12 are deleted. Appendix Section 3209 of Appendix Chapter 32 is hereby amended by designating the existing paragraph as paragraph (a) and by adding paragraph (b) to read as follows: Section 3209(b). General. The fire rating of all roofing materials used shall be as follows based on the percentage of the re- placement area in any 12 month period. 1. Less than 25% - At the minimum, materials compatible with the existing roof shall be used. 2. 25% to less than 50% - A minimum pressure treated fire resistive wood shakes or shingles shall be used. 3. 50% or more - A minimum of Class C roofing system, which complies with Uniform Building code Standard 32-7, shall be used. 4. In no case shall roofing materials used be less fire resistive than the existing roof. Appendix Chapter 70, Section 7007 is deleted and a new Section 7007 is adopted to read as follows: "Section 7007. Grading Fees. (a) Fees shall be established by resolution of the City Council. ORDINANCE NO. 1592 (b) Penalties. Where work requiring a permit has begun or has proceeded prior to obtaining any such permit, the grading permit fees shall be doubled, but the payment of such doubled fee shall neither relieve any person from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein." 12.12.030 Penalty for Violation. Any person, firm or cor- poration violating any of the provisions of this chapter is guilty of a misdemeanor, and each such person, firm, or corporation is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is com- mitted, continued or permitted. Upon conviction of any such violation such person shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail of Marin County for not more than three months or by both such fine and imprisonment. DIVISION 2. Chapter 12.14, Uniform Mechanical Code, is hereby amended to read in its entirety as follows: CHAPTER 12.14 UNIFORM MECHANICAL CODE. Section 12.14.010 Adoption of Uniform Mechanical Code. 12.14.020 Amendments Made in the Uniform Mechanical Code. 12.14.030 Penalty for Violation. 12.14.010. Adoption of Uniform Mechanical Code. There is adopted, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, and the general welfare of the general public, that certain code known as the Uniform Mechanical Code, 1988 Edition, including the Appendix thereof, the Uniform Mechanical Code Standards and the Uniform Building Code Standards therein, adopted by the Internal Association of Plumbing and Mechanical Officials, save and except such portions as are hereinafter deleted, added thereto or amended. Not less than three copies of the Uniform Mechanical Code, 1988 Edition, are now and have been on file in the office of the City Clerk, and the Uniform Mechanical Code is adopted and incorporated herein by reference as though set forth in full. - 5 - ORDIANNCE NO. 1592 12.14.020. Amendments Made in the Uniform Mechanical Code. The Uniform Mechanical Code adopted by Section 12.14.010 is amended and changed in the following respects. The section numbers hereinafter referred to are the section numbers of the Uniform Mechanical Code. Section 201(c) is amended to read as follows: "Section 201(c). Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this title, or when- ever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises an immediate threat to health and safety, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be un- occupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California." Section 203 is amended by adding thereto the following: "Nothing contained in this section shall prevent the Mayor or City Council from appointing the Mayor and City Council as the Board of Appeals." Section 204 is deleted. Section 303(a) is amended to read as follows: "Section 303(a). Issuance. The Building Official shall ex- amine, review and check all aplications, plans and specifications submitted by the applicant. Such application, plans and specifications may be examined and reviewed by other City departments to ensure com- pliance with the laws and ordinances under their jurisdiction. The - 6 - ORDINANCE NO. 1592 Building Official shall satisfy himself that the work described in said application for a permit and the plans and specifications filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fee specified, in Section 304(a) has been paid. After such examination, review and checking the Building Official shall approve the permit." "When the Building Official issues the permit, he shall in writing or by stamp note on both sets of plans and specifications 'APPROVED'. Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans." Section 304(b) is amended to read as follows: "Section 304(b). Any person desiring a permit required by this code shall, at the time of filing an application therefore, pay a fee, which fee shall be set by resolution of the City Council." 12.14.030. Penalty for Violation. Any person, firm or cor- poration violating any of the provisions of this chapter is guilty of a misdemeanor, and each such person , firm, or corporation is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is com- mitted, continued or permitted. Upon conviction of any such violation such person shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail of Marin County for not more than three months or by both such fine and imprisonment. DIVISION 3. Chapter 12.16, Uniform Plumbing Code, is hereby amended to read in its entirety as follows: CHAPTER 12.16. UNIFORM PLUMBING CODE. Section 12.16.010 Adoption of Uniform Plumbing Code. 12.16.020 Amendments to the Uniform Plumbing Code. 12.16.030 Penalty for Violation. - 7 - ORDINANCE NO. 1592 12.16.010. Adoption of Uniform Plumbing Code. There is adopted, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, and the general welfare of the general public, that certain code known as the Uniform Plumbing Code, 1988 Edition, including the Appendix thereof, adopted by the International Association of Plumbing and Mechanical Officials, save and except such portions as are hereinafter deleted, added thereto or amended, not less than three copies of the Uniform Plumbing Code, 1988 Edition, including the Appendix thereof, are now and have been on file in the office of the City Clerk and the Uniform Plumbing Code, including the Appendix thereof, are adopted and incorporated herein by reference as though set forth in full. 12.16.020. Amendments to the Uniform Plumbing Code. The Uniform Plumbing Code adopted by Section 12.16.010 is amended as fol- lows. The title and/or section numbers hereinafter referred to are the title and/or section numbers of the Uniform Plumbing Code: Title 20.2(b) is amended to read as follows: "Title 20.2(b). Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this title, or when- ever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises an immediate threat to health and safety, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be un- occupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California." The first paragraph of Title 20.3 is deleted. Title 20.7 is amended by deleting schedule of fees and adding: ORDINANCE NO. 1592 "Fees shall be as set by resolution of the City Council." Title 20.14 is amended by adding thereto the following: "Nothing contained in this section shall prevent the Mayor or City Council from appointing the Mayor and City Council as the Board of Appeals." Appendix I -1(j) is added to read as follows: "Appendix I -1(j). Every private sewer disposal system, when permitted by the City Council shall be in accordance with and subject to the rules, regulations and requirements of the Marin County Department of Environmental Health, and shall be subject to such fees as said department may by resolution impose." 12.16.030. Penalty for Violation. Any person, firm or cor- poration violating any of the provisions of this chapter is guilty of a misdemeanor, and each such person, firm, or corporation is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is com- mitted, continued or permitted. Upon conviction of any such violation any such person shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail of Marin County for not more than three months or by both such fine and imprisonment. DIVISION 4. Chapter 12.20, Electrical Code, is hereby amended to read in its entirety as follows: CHAPTER 12.20. ELECTRICAL CODE. Section 12.20.010 Adoption of National Electrical Code. 12.20.020 Administration - Adoption of Uniform Electrical Code. 12.20.030 Penalty for Violation. 12.20.010. Adoption of National Electrical Code. There is adopted, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, and the general welfare of the general public, that certain code known as the National Electrical Code, 1987 Edition, save and except such portions as are hereinafter deleted, added thereto or amended. Not less than three copies of the National Electrical Code, 1987 Edition, are now and have been on file in the office of the City Clerk and the National Electrical Code, including the Appendix thereof, is adopted and incor- porated herein by reference as though set forth in full. ORDINANCE NO. 1592 12.20.020. Administration - Uniform Electrical Code Adopted. (a) In order to facilitate the orderly enforcement of the National Electrical Code as adopted by Section 12.20.010, there is adopted that certain code known as the Uniform Electrical Code, 1971 Edition, as published by the Pacific Coast Electrical Association, Inc., save and except such portions as are hereinafter deleted, added thereto, changed or amended. Not less than three copies of said Uniform Electrical Code are now and have been on file in the office of the City Clerk and said Uniform Electrical Code is adopted and incor- porated in this chapter by reference as though herein set forth in full. (b) Amendments Made in Uniform Electrical Code. The section numbers are the section numbers of said Uniform Electrical Code. Section 1-A is amended by adding thereto the following: "The Office of Chief Electrical Inspector shall be part of the Department of Public Works and the term 'Chief Electrical Inspector' and 'Electrical Inspector' shall be construed to include the Building Official and his authorized representatives." Section 1-C is amended by adding thereto the following: "Section 1-C. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this title, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises an immediate threat to health and safety, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be un- occupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California." - 10 - ORDINANCE NO. 1592 Section 2-B is amended by the deletion of subsection B-2. Section 3 is amended to read as follows: "Section 3. Fees for Permits and Inspection." "A. Any person desiring an electrical permit shall, at the time of filing an application therefore, pay a fee as set forth by resolution of the City Council." "B. Any person who commences any electrical work, requiring a permit, without first having obtained a permit therefore, shall pay if subsequently granted a permit, an additional fee equal to double the permit fee. This provision shall not apply to emergency work when it shall be proved to the satisfaction of the Chief Electrical Inspector that such work was urgently necessary and that it was not practical to obtain a permit therefor prior to the commencement of work." Section 4 is amended by adding thereto the following: "The Chief Electrical Inspector may not authorize the connec- tion to the source of supply until all other relevant San Rafael Municipal Code provisions are complied with and until any required ap- proval of other City departments is granted." Section 6 is amended by amending Section 6-D by deleting '1971 Edition' as it appears in parentheses. Section 10 is deleted. Section 11 is deleted. Section 15 is hereby added which shall read as follows: "Section 15. Board of Appeals. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of this code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction. The Building Official shall be an ex of- ficio member and shall act as secretary of the board. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt reasonable rules and regula- tions for conducting its investigations and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. Nothing contained in this section shall prevent the Mayor or City Council from appointing the Mayor and City Council as the Board of Appeals." ORDINANCE NO. 1592 12.20.030. Penalty for Violation. Any person, firm or cor- poration violating any of the provisions of this chapter is guilty of a misdemeanor, and each such person firm or corporation is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is com- mitted, continued or permitted. Upon conviction of any such violation any such person shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail of Marin County for not more than three months or by both such fine and imprisonment. DIVISION 5. Chapter 12.26, Uniform Housing Code, is hereby amended to read in its entirety as follows: CHAPTER 12.26. UNIFORM HOUSING CODE. Section 12.26.010 Adoption of Uniform Housing Code. 12.26.020 Amendments to Uniform Housing Code. 12.26.030 Penalty for Violation. 12.26.010. Adoption of Uniform Housing Code. There is adopted, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, the general wel- fare of the general public, and the owners and occupants of residential buildings, that certain code known as the Uniform Housing Code, 1988 Edition, and published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, 90601, save and except such portions as are hereinafter deleted, added thereto or amended, not less than three copies of the Uniform Housing Code, 1988 Edition, are now and have been on file in the office of the City Clerk and the Uniform Housing Code is adopted and incorporated herein by reference as though set forth in full. 12.26.020. Amendments to Uniform Housing Code. The Uniform Housing Code adopted by Section 12.26.010 is added to, deleted or amended in the following respects. The section numbers hereinafter referred to are the section numbers of the Uniform Housing Code. Section 201(b) is amended to read as follows: - 12 - ORDINANCE NO. 1592 "Section 201(b). Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this title, or when- ever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises an immediate threat to health and safety, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be un- occupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California." Section 203 is amended by adding thereto the following: "Nothing contained in this section shall prevent the Mayor or City Council from appointing the Mayor and City Council as the Housing Advisory and Appeals Board." Section 204 is deleted. 12.26.030. Penalty for Violation. Any person, firm or cor- poration violating any of the provisions of this chapter is guilty of a misdemeanor, and each such person, firm, or corporation is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is com- mitted, continued or permitted. Upon conviction of any such violation such person shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail of Marin County for not more than three months or by both such fine and imprisonment. - 13 - ORDINANCE NO. 1592 I/ DIVISION 6. Chapter 12.28, Uniform Code for the Abatement of Dangerous Buildings, is hereby amended to read in its entirety as fol- lows: Chapter 12.28. UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS. Section 12.28.010 Adoption of Uniform Code for the Abatement of Dangerous Buildings. 12.28.020 Amendments to the Uniform Code for the Abatement of Dangerous Buildings. 12.28.010. Adoption of Uniform Code for the Abatement of Dangerous Buildings. There is adopted for the purpose of providing a just, equitable and practicable method whereby buildings or structures which endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants, may be required to be repaired, vacated, or demolished, that certain code known as the Uniform for the Abatement of Dangerous Buildings, 1988 Edition, pub- lished by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, 90601, save and except such portions as are hereinafter deleted, added thereto or amended. Not less than three copies of the Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition, are now and have been on file in the office of the City Clerk, and the Uniform Code for the Abatement of Dangerous Buildings is adopted and incorporated herein by reference as though set forth in full. 12.28.020. Amendments to the Uniform Code for the Abatement of Dangerous Buildings. The Uniform Code for the Abatement of Dangerous Buildings adopted by Section 12.28.010 is added to, amended, deleted or changed in the following respects. The section numbers hereinafter referred to are the section numbers of the Uniform Code for the Abatement of Dangerous Buildings. - 14 - ORDINANCE NO. 1592 Section 201(c) is amended to read as follows: "Section 201(c). Right of Entry. Whenever necessary to make an in- spection to enforce any of the provisions of this title, or when- ever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises an immediate threat to health and safety, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be un- occupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California." Section 203 is deleted. Section 205 is amended by adding thereto the following: "Nothing contained in this section shall prevent the Mayor or City Council from appointing the Mayor and City Council as the Board of Appeals." DIVISION 7. Chapter 12.32, Uniform Swimming Pool Code is hereby amended to read in its entirety as follows: CHAPTER 12.32. UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE. Section 12.32.010 Adoption of Uniform Swimming Pool, Spa and Hot Tub Code. 12.32.020 Amendments to Uniform Swimming Pool, Spa and hot Tub Code. 12.32.030 Penalty for Violation. - 15 - ORDINANCE NO. 1592 12.32.010. Adoption of Uniform Swimming Pool, Spa and Hot Tub Code. There is adopted, for the purpose of providing minimum re- quirements for the protection of life, limb, health, property, safety, and the general welfare of the general public, that certain code known as the Uniform Swimming Pool, Spa and Hot Tub Code, 1988 Edition, pub- lished by the International Association of Plumbing and Mechanical Officials, save and except such portions as are hereinafter deleted, added thereto or amended. Not less than three copies of the Uniform Swimming Pool, Spa and Hot Tub Code, 1988 Edition, are now and have been on file in the office of the City Clerk, and the Uniform Swimming Pool, Spa and Hot Tub Code is adopted herein by reference as though set forth in full. 12.32.020. Amendments to the Uniform Swimming Pool, Spa and Hot Tub Code. The Uniform Swimming Pool, Spa and Hot Tub Code adopted by Section 12.32.010 is amended and changed in the following respects. The section numbers hereinafter referred to are the section numbers of the Uniform Swimming Pool, Spa and Hot Tub Code. Section 1.6(b) is amended to read as follows: "Section 1.6(b). Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this title, or when- ever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises an immediate threat to health and safety, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code, provided that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be un- occupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California." - 16 - ORDINANCE NO. 1592 Section 1.10 is amended by adding thereto the following: "The plans for a swimming pool required by subsection A and B above shall be prepared by a state licensed engineer unless specifi- cally exempted by the Administrative Authority. Unless grading, filling or retaining walls are the respon- sibility of the pool contractor, said work shall be completed prior to issuance of a pool permit. The pool contractor shall be responsible for all electrical work unless said work is performed by a licensed electrical contractor under a separate permit." Section 1.11 is amended by deleting schedule of fees and ad- ding "Fees shall be as set by resolution of the City Council." Section 1.18 is amended by adding thereto the following: "Nothing contained in this section shall prevent the Mayor or City Council from appointing the Mayor and City Council as the Board of Appeals." Section 1.19 is added to read as follows: "Section 1.19. Location - Construction and Design. There shall be a minimum horizontal clearance of five feet (5') between the water's edge of any pool and any building, fence, equipment, structure of any type or property line and a vertical clearance to the sky, ex- cept as to electric wires which shall comply with California Public Utilities Commission Resolution No. E 1109, Appendix B and C, as revised. Setbacks from streets shall conform to requirements for main buildings on subject property as zoned at time of construction. Diving boards, slides, ladders or similar pieces of equipment used for entering or exiting pool may be omitted from the above requirement. Planters not to exceed twelve inches (12") in height or roof overhang with a minimum clearance of eight feet (8') required horizontal clearance. The Building Official may approve lesser clearance or set- backs where unique conditions exist." Section 1.20 is added to read as follows: - 17 - ORDINANCENO. 1592 "Section 1.20. Use of Public Right -of -Way. It shall be un- lawful to use a public right-of-way for storing construction materials, storing excavation spoils, or parking equipment used in the construction of any swimming pool within the City limits, without first obtaining permission from the City departments having jurisdic- tion. Such a request to use public property for the above mentioned purposes shall be submitted in writing and approved by the Building Official. Bonds. A cash bond of $500.00 to guarantee the repair of any and all damage to any public property or public right-of-way, includ- ing but not limited to sidewalks, curbs and driveway approaches; or damage to any private property, caused in whole or in part by the con- struction of any such swimming pool, may be required of the building permittee by the Building Official." Section 310 is amended by adding thereto the following: "Section 310. Retroactive Requirements. Where the waste water, from any swimming pool existing at the time of the effective date of this ordinance, flows or is discharged on or across any street, alley, right-of-way, sidewalk or road, or flows on or across any adjacent property in such a manner as to create, in the opinion of the Building Official, a nuisance, a hazard to the health and safety of any person, or a hazard to structures, buildings, plants or vegeta- tion or soils, such waste water shall, upon notice of said Building Official, be disposed of in a manner hereinfor set forth in this sec- tion." Section 315 is amended by adding thereto the following: "Said concrete base shall have a minimum dimension of four feet (4') by seven feet (7') by three inches (3") in thickness." 12.32.030. Penalty for Violation. Any person, firm or cor- poration violating any of the provisions of this chapter is guilty of a misdemeanor, and each such person, firm, or corporation is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is com- mitted, continued or permitted. Upon conviction of any such violation such person shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail of Marin County for not more than three months or by both such fine and imprisonment. ORDINANCE NO. 1592 DIVISION 8. Chapter 12.38, Uniform Solar Energy Code, is hereby amended to read in its entirety as follows: CHAPTER 12.38. UNIFORM SOLAR ENERGY CODE. Section 12.38.010 Adoption of Uniform Solar Energy Code. 12.38.020 Amendments Made in the Uniform Solar Energy Code. 12.38.030 Penalty for Violation. 12.38.010. Adoption of the Uniform Solar Energy Code. There is adopted, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, conservation of energy, and the general welfare of the general public, that certain code known as the Uniform Solar Energy Code, 1988 Edition, including the appendix thereof, save and except such portions as are hereinafter deleted, added thereto or amended. Not less than three copies of the Uniform Solar energy Code, 1988 Edition, including the appendix thereof, are now and have been on file in the office of the City Clerk. The Uniform Solar Energy Code, including the appendix thereof, is adopted and incorporated herein by reference as though fully set forth. 12.38.020. Amendments Made in the Uniform Solar Energy Code. The Uniform Solar Energy Code adopted by Section 12.38.010 is amended and changed in the following respects. The title and/or section num- bers hereinafter referred to are the title and/or section numbers of the Uniform Solar Energy Code: (1) Title 20.2(b) is amended to read as follows: "Title 20.2(b). Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this title, or when- ever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises an immediate threat to health and safety, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if such building or premises be occupied he shall first present proper - 19 - ORDINANCE NO. 1592 credentials and demand entry; and if such building or premises be un- occupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California." (2) The first paragraph of Title 20.3 is deleted. (3) Title 20.6 is amended by deleting schedule of fees and adding: "Fees shall be as set by resolution of the City Council." (4) Title 20.13 is amended by adding thereto the following: "Nothing contained in this section shall prevent the Mayor or City Council from appointing the Mayor and City Council as the Board of Appeals." 12.38.030. Penalty for Violation. Any person, firm or cor- poration violating any of the provisions of this chapter is guilty of a misdemeanor, and each such person, firm, or corporation is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is com- mitted, continued or permitted. Upon conviction of any such violation such person shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail of Marin County for not more than three months or by both such fine and imprisonment. DIVISION 9. If any provision of this Ordinance or its ap- plication is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applica- tions of the Ordinance which can be given effect without the invalid provisions or applications, and to this end any phrase, section, sen- tence, or word is declared to be severable. - 20 - ORDINANCE NO. 1592 DIVISION 10. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, pub- lished, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. LAWRENCE E. MULRYAN,'Mayor Attest: �....�. JEP�IjWE�M. LEONCIN , City Clerk The foregoing Ordinance No. 1592 was read and introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 21ST day of MAY , 1990, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner and will come up for adoption as an Ordinance of the City of San Rafael at a REGULAR meeting of the Council to be held on the 4TH day of JUNE , 1990. JEA E -M. LEONCIAI, City Clerk - 21 -