HomeMy WebLinkAboutOrdinance 1365 (Uniform Building Code)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, City Clerk of the City
of San Rafael, and Ex -officio Clerk of the Council of
said City do hereby certify that the foregoing Charter
Ordinance No. 1365 entitled:
AN 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", CHAPTER 12.14 "UNIFORM MECHANICAL CODE", CHAPTER
12.16 "UNIFORM PLUMBING CODE", CHAPTER 12.20 "ELECTRICAL CODE", CHAPTER
12.26 "UNIFORM HOUSING CODE", CHAPTER 12.28111UNIFORM CODE FOR THE ABATE-
MENT OF DANGEROUS BUILDINGS", AND CHAPTER 12.32 "UNIFORM SWIMMING POOL
CODE"
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
.1_9th day of February , 1980, published as
required by City Charter in the Independent -Journal
a newspaper printed and published in the City of San Rafael
and passed and adopted as an ordinance of said City at a
rPgu1.gr meeting of the City Council of said City
held on the third
following vote, to wit:
day of March , 1980, by the
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon &
Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this 5th
day of March , , 1980.
JEAN M.—LEONCI I , ity Clerk
ORDINANCE NO. 1365
ti
AN 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", CHAPTER 12.14 "UNIFORM
MECHANICAL CODE", CHAPTER 12.16 "UNIFORM PLUMBING
CODE", CHAPTER 12.20 "ELECTRICAL CODE", CHAPTER 12.26
"UNIFORM HOUSING CODE", CHAPTER 12.28 "UNIFORM CODE
FOR THE ABATEMENT OF DANGEROUS BUILDINGS", AND
CHAPTER 12.32 "UNIFORM SWIMMING POOL CODE."
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.
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, 1979
Edition, and the Uniform Building Code Standards, 1979 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 Build-
ing Code, 1979 Edition, including the appendix thereof, are now on file
and have been on file in the office of the City Clerk for at least fifteen
days prior to February 19, 1980, and the Uniform Building Code, including
the appendix thereof, 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 sections and/or 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
..t
ta MA US,
ORDINANCE NO. 1365
premises an immediate threat to health and safety, the Building
Official by this code; provided, that if such building or prem-
ises be occupied he shall first present proper credentials and
demand entry; and if such building or premises be unoccupied he
shall first make a reasonable effort to locate the owner or
other persons having charge or control of the building or prem-
ises 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 18822.50 et seq of the Code of
Civil Procedure of the State of California."
Section 204 is amended by adding thereto the following: "Nothing con-
tained in this section shall prevent the Mayor or City Council from ap-
pointing the Mayor and City Council as the Board of Appeals."
Section 205 is deleted.
Section 301(b) 4, 5, and 11 are deleted.
Section 303(a) is amended to read as follows:
"Section 303(a). Issuance. The Building Official shall examine,
review and check all applications, plans and specifications sub-
mitted by the applicant. Such application, plans and specifica-
tions may be reviewed by other City departments to check for
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 therewith conform to the requirements of this code and other
pertinent laws and ordinances, and that the fee specified, in
Section 303(a) has been paid. After such examining, review and
checking the Building Official may approve or disapprove any permit.
"When the Building Official issues the permit, he shall in
writing or stamp on both sets of plans and specifications 'AP-
PROVED.' 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 authorized to be connected until such time
as a final building inspection is approved and all other City department
requirements have been completed."
�,L
ORDINANCE NO.1365
Section 307(c) is amended to read as follows:
Section 307(c). Certificate Issued. After final inspection when
it is found that the building or structure and the land on which
it is located comply with all the approvals, conditions and re-
strictions given or imposed with respect to the buildings,
structures or land by the City of San Rafael, and also that
such comply with all of the provisions of this code and the
ordinances of the City, the Building Official shall issue a
Certificate of Occupancy which shall contain 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 described 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 for group and divi-
sion of occupancy and the use for which the proposed
occupancy is classified.
"(6) The name of the Building Official."
Section 504(b) is amended by changing the first paragraph to read:
"Exterior walls shall have fire resistive and opening protection
and percentage of openings permitted as set forth in Table 5-A
(Amended) and 5-E, Part III and in accordance with such additional
provisions as are set forth in Part IV, and Part VII. Distances
shall be measured at right angles from the property line. The
above provisions shall not apply to walls at right angles to
the property line." Delete last paragraph of Section 504(b).
Section 505(a) is amended to read as follows:
"(a) Type I or II buildings. The combined floor areas of the
three largest successive floors of a Type I or Type II building
shall not exceed the limits set forth in Table No. 5-C (amended)
except as provided in Section 506."
Section 505(b) is amended to read as follows:
"(b) Type III, IV or V Buildings. The combined floor areas of all
floors of a Type III, IV or V building shall not exceed the limits
set forth in Table 5-C except as provided in Section 506."
MM
ORDINANCE NO. 1365
Section 506 is amended to read as follows:
"General. The basic floor area specified in Section 505 may be
increased by one or more of the following:
"1. Separation and wall exposure. An increase in floor area
may be permitted based upon building separation and exposure
of exterior walls or area separation walls. To determine the
maximum allowable area permitted by this section, add the
deficiency points for each exterior wall or area separation
wall as determined from Table 5-E, multiply the basic allowable
area from Table 5-C (Amended) by the corresponding multiplier
from the following:
"Sum of Deficiency Points from Table 5-E
0-5
6-10
11-15
16-20
21-25
26-30
31-35
36-40
41-45
46-50
51-55
56-60
61-65
66-70
71-75
76+
Multiplier
3.00
2.75
2.50
2.30
2.10
1.95
1.80
1.65
1.55
1.45
1.40
1.30
1.20
1.10
1.05
1.00
1'2. The floor area permitted in Table 5-C (Amended) may be in-
creased 7 times if the building is provided with an automatic
fire extinguishing system throughout. This area increase shall
not apply when said system is installed under one of the
following provisions:
"a. Section 3802(b) Group H, Divisions 1, 2 and 3 occupancies.
"b. As substitution for one-hour fire -resistive construction
pursuant to Section 508.
"3. The permitted floor area may be increased 50% when the
building is provided with an approved automatic fire detector
system.
"4. Unlimited areas. The area of any E occupancy shall not be
limited if the building is provided with an approved fully super-
vised automatic fire extinguishing system throughout, as specified
in Chapter 38, and entirely surrounded by yards of not less than
60 feet in width and by fire access roads not less than 20 feet
in width."
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ORDINANCE NO. 1365
Section 1704 is amended to read as follows: "Roof covering shall
be fire retardant.
"Exceptions:
"1. Detached R-3 and M occupancies may have ordinary roof cover-
ing as specified in Section 3203(f) when no part of the roof is
within three feet (3') of a property line.
"2. R-1 and attached R-3 occupancies may have ordinary roof
covering when all parts of the roof are at least ten feet (101)
from a property and the total roof area (measured on a flat
plane) does not exceed 4,500 square feet.
"3. R-1 occupancies and attached R-3 occupancies of Type III
and V construction may have special purpose roofs of No. 1 cedar
or redwood shakes or shingles constructed in accordance with
U.B.C. Standard 32-14 or Class C roof covering complying with
U.B.C. Standard 32-7 when all parts of the roof are at least ten
feet from a property line.
"4. A-3, A-4, B-1, B-2 and E occupancies of Type III and V con-
struction may have roofs complying with Exception 3 when no part
of the roof extends into an area where openings in exterior walls
are required to be protected."
Section 1803 is amended to read as follows:
"Exterior walls and all structural members shall comply with the
fire -resistive requirements specified in Section 504, Table 5-A
(Amended) and Table 17-A."
Section 1903 is amended to read the same as Section 1803.
Section 2003 is amended by deleting exceptions.
Section 2103 is amended by deleting exceptions.
Section 2308(b) shall be amended by adding the following:
"Retaining walls greater than three feet (3') in height shall
be designed by a registered engineer.
Wooden retaining walls may not be used to support a per-
manent structure."
Section 3305(j) is amended by adding the following to the exception:
"Private stairways less than four risers need not have handrails."
Chapter 44 is amended by adding thereto the following Section 4410
which shall read as follows:
ORDINANCE NO. 1365
"Section 4410. Mud or Loose Dirt on Public Street. No person,
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."
Section 7002 is amended by adding thereto the following:
"Whenever the term "Building Official" shall appear in this
Chapter it shall be construed to mean 'City Engineer'."
Section 7007 is hereby amended by adding thereto a new subsection
(C) to read as follows:
"(C) Penalties. Where work for which a permit is required is
started or proceeded with prior to obtaining said permit, the
fees shall be doubled, but the payment of such doubled fee
shall not 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 corpor-
ation violating any of the provisions of this chapter is guilty of a mis-
demeanor, and each such person 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 committed, continued or permitted, and
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 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 protec-
tion of life, limb, health, property, safety, and the general welfare of
the general public, that certain code known as the Uniform Mechanical
Code, 1979 Edition, including the Appendix thereof, the Uniform Mechanical
Code Standards and the Uniform Building Code Standards therein, adopted by
the International Association of Plumbing and Mechanical Officials at the
Forty-ninth Annual Conference, September,1978, save and except such
portions as are hereinafter deleted, added thereto or amended, not less
EsM
ORDINANCE NO. 1365
than three copies of the Uniform Mechanical Code, 1979 Edition, are now
on file and have been on file in the office of the City Clerk for at
least fifteen days prior to February 19, 1980, and the Uniform Mechanical
Code, is adopted and incorporated herein by reference as though set forth
in full.
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 re-
ferred 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
premises an immediate threat to health and safety, the Building
Official by this code; provided, that if such building or prem-
ises be occupied he shall first present proper credentials and
demand entry; and if such building or premises be unoccupied he
shall first make a reasonable effort to locate the owner or
other persons having charge or control of the building or prem-
ises 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 18822.50 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:
"(a). Issuance. The Building Official shall review the infor-
mation on the application and may deny or issue a permit.
"A permit may be issued, upon receipt of the total fees, to a
properly licensed person not acting in violation of any current
contractor licensing law, or to a person to do work in a single
- 10 -
ORDINANCE NO. 1365
family dwelling in the event such person is the bona fide
owner of such dwelling and that the same are occupied by
said owner, provided that such owner shall personally
perform all labor in connection therewith."
Section 304(a) is amended to read as follows:
"Section 304(a). Any person desiring a permit required
by this code shall, at the time of filing an application
therefor, pay a fee, which fee shall be set forth by
resolution of the City Council."
12.14.030. Penalty for Violation. Any person, firm or corpor-
ation violating any of the provisions of this chapter is guilty of a mis-
demeanor, and each such person 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 committed, continued or permitted, and
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.
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, 1979
Edition, including the Appendix thereof, adopted by the International
Association of Plumbing and Mechanical Officials at the Forty-ninth
Annual Conference, September, 1978, save and except such portions as are
hereinafter deleted, added thereto or amended, not less than three copies
of the Uniform Plumbing Code, 1979 Edition, including the appendix thereof,
are now on file and have been on file in the office of the City Clerk for
at least fifteen days prior to February 21, 1980, and the Uniform Plumbing
Code, including the appendix thereof, are adopted and incorporated herein
by reference as though set forth in full.
ORDINANCE NO. 1365
12.16.020. Amendments to the Uniform Plumbing Code. The Uniform
Plumbing Code adopted by Section 12.16.010 is amended as follows. The chap-
ter and/or section numbers hereinafter referred to are the chapter 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
premises an immediate threat to health and safety, the Building
Official by this code; provided, that if such building or prem-
ises be occupied he shall first present proper credentials and
demand entry; and if such building or premises be unoccupied he
shall first make a reasonable effort to locate the owner or
other persons having charge or control of the building or prem-
ises 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 18822.50 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:
"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 is amended to read as follows:
"Appendix I-1. Every private sewer disposal system, when per-
mitted by the City Council shall be in accordance with and sub-
ject 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 impose."
12.16.030. Penalty for Violation. Any person, firm or corpor-
ation violating any of the provisions of this chapter is guilty of a mis-
demeanor, and each such person is guilty of a separate offense for each
- 12 -
ORDINANCE NO. 1365
and every day or portion thereof during which any violation of any of
the provisions of this code is committed, continued or permitted, and
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 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 Amendments Made to National Electrical Code.
12.20.040 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,
1978, also known as NFPA No. 70-1978, as adopted by the National Fire
Protection Association at its annual meeting in 1977, save and except
such portions as are hereinafter deleted, added thereto or amended, not
less than three copies of the National Electrical Code, 1978, are now on
file and have been on file in the office of the City Clerk for at least
fifteen days prior to February 19, 1980, and the National Electrical Code,
including the appendix thereof, is adopted and incorporated herein by
reference as though set forth in full.
12.20.020. Administration - Uniform Electrical Code adopted.
(a) In order for 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 in the office
of the City Clerk for at least fifteen days prior to February 19, 1980,
and said Uniform Electrical Code is adopted and incorporated 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.
- 13 -
ORDINANCE NO. 1365
Section 1-A is amended by adding thereto the following:
"The Office of Chief Electrical Inspector shall be part of the
Building Department and the term 'Chief Electrical Inspector'
and 'Electrical Inspector' shall be construed to include the
Chief Building Inspector, Senior Building Inspector or Building
Inspector."
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 when-
ever the Building Official or his authorized representative has
reasonable cause to believe that there exists in any building or
premises an immediate threat to health and safety, the Building
Official by this code; provided, that if such building or prem-
ises be occupied he shall first present proper credentials and
demand entry; and if such building or premises be unoccupied he
shall first make a reasonable effort to locate the owner or
other persons having charge or control of the building or prem-
ises 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 18822.50 et seq of the Code of
Civil Procedure of the State of California."
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 therefor, pay a fee as set forth by
resolution of the City Council.
"B. Any person who shall commence any electrical work, for which
a permit is required, without first having obtained a permit
therefor shall, if subsequently granted to obtain a permit, pay
an additional fee equal to double the permit fee provided that 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 before the commencement of work."
- 14 -
ORDINANCE NO. 1365
Section 4 is amended by adding thereto the following:
"The Chief Electrical Inspector may not authorize the connection
to the source of supply until all other provisions as may be
required by the Municipal Code of the City of San Rafael are
complied with and any approval of other City departments are
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 suit-
ability 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 officio 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 reason-
able rules and regulations 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 ap-
pointing the Mayor and City Council as the Board of Appeals."
12.20.030. Amendments Made in National Electrical Code.
The National Electrical Code, adopted by Section 12.20.010, is amended
in the following respects. The section numbers hereinafter referred to
are the section numbers of said National Electrical Code.
Section 210-26 is amended by adding thereto the following subsection (c):
"(c). One light outlet shall be provided at each outside entrance
to a building intended for residential occupancy where one light
serves more than one entrance, switch control shall be provided at
each such entrance. In multi -family dwellings, these outlets may
be centrally controlled."
- 15 -
ORDINANCE NO.1365
Section 230-43 is amended to read as follows:
"230-43. Service entrance conductors shall be installed in
rigid metal conduit. For circuits not exceeding 600 volts
busways may be used.
"(a) The length of the service conduit within a building shall
be as short as reasonably practicable and shall in no case ex-
ceed 30 linear feet."
Section 230-70 is amended by adding thereto the following:
"The service disconnecting means shall be located at a readily
accessible point nearest to the entrance of the service con-
ductors, and in residential property shall be accessible from
the exterior, except in a carport or where a meter room is pro-
vided. In multiple occupancies it shall be on the ground floor
and readily accessible to all parties concerned. The handle of
the disconnecting means shall not be more than six feet above
the floor or working platform."
Section 250-81 is amended by adding thereto the following:
"Notwithstanding the grounding electrode in any new building
or structure shall, whenever possible, be not less than 20 feet
of bare copper conductor not smaller than No. 4 AWG installed as
specified in Section 250-83."
Section 320-3 is amended to read as follows:
"Section 320-3. Uses Permitted. Open wiring on insulators shall
be permitted only when approved by the Building Official."
Section 320-3 is amended by adding the words to read as follows:
"Concealed knob and tube wiring shall only be used in residential
buildings, their accessory structures and miscellaneous structures,
as defined in the Uniform Building Code, of wood frame construction."
Section 336-1 is amended by adding thereto the following:
"Non -metallic -sheathed cable shall only be used in the hollow
spaces of walls and attics in unaccessible under floor areas, in
residential buildings. Non-metallic sheathed cable shall be con-
cealed by the permanent finish of the building, except in garage
ceilings."
Section 337-1 is amended by adding thereto the following:
"and may be used only where the use of non -metallic -sheathed
cable is permitted, or by special permission of the Building Of-
ficial."
- 16 -
ORDINANCE NO. 1365
Article 338 is deleted.
Section 339-3(a) 5 is amended by adding subsection (4) to read as follows:
"(4) Type U.F. cable may only be used in buildings of wood frame
construction and of residential occupancy and shall not be run
exposed."
Section 339-3(b) is deleted.
Section 350-2 is amended by adding thereto the following:
"Flexible metal conduit shall only be used where the use of rigid
conduit or tubing is impractical."
Section 410-3 is amended by adding thereto the following:
"All ceiling or wall -mounted fixtures within eight feet vertically
or five feet horizontally of a grounded surface shall be controlled
by a wall mounted switch. In those rooms of dwelling type occupan-
cies where receptacle outlets are required and where no lighting
fixture is installed, at least one such receptacle outlet shall
be controlled by a wall -mounted switch."
12.20.040. Penalty for Violation. Any person, firm or corpor-
ation violating any of the provisions of this chapter is guilty of a mis-
demeanor, and each such person 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 committed, continued or permitted, and
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 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 welfare of the general public,
and the owners and occupants of residential buildings, that certain code
known as the Uniform Housing Code, 1979 Edition, and published by the
- 17 -
ORDINANCE NO.1365
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, 1979 Edition, are now on file and have been
on file in the office of the City Clerk for at least fifteen days prior
to February 19, 1980, and the Uniform Housing Code is adopted and incor-
porated 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:
"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
premises an immediate threat to health and safety, the Building
Official by this code; provided, that if such building or prem-
ises be occupied he shall first present proper credentials and
demand entry; and if such building or premises be unoccupied he
shall first make a reasonable effort to locate the owner or
other persons having charge or control of the building or prem-
ises 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 18822.50 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 corpor-
ation violating any of the provisions of this chapter is guilty of a mis-
demeanor, and each such person is guilty of a separate offense for each
and every day or portion thereof during which any violation of any of
ORDINANCE NO. 1365
the provisions of this code is committed, continued or permitted, and
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 6. Chapter 12.28, Uniform Code for the Abatement of
Dangerous Buildings, is amended to read in its entirety as follows:
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 from any cause endanger the life, limb, health, morals, property,
safety or welfare of the general public or their occupants, may be re-
quired to be repaired, vacated, or demolished, that certain code known
as the Uniform Code for the Abatement of Dangerous Buildings, 1979
Edition, published by the International Conference of Building Officials,
5360 South Workman Mill Road, Whittier, California 90601, save and ex-
cept 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, 1979 Edition, are now on file and have been on file
in the office of the City Clerk for at least fifteen days prior to
February 19, 1980, 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 re-
ferred to are the section numbers of the Uniform Code for the Abatement
of Dangerous Buildings.
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
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ORDINANCE NO. 1365
whenever the Building Official or his authorized representative has
reasonable cause to believe that there exists in any building or
premises an immediate threat to health and safety, the Building
Official by this code; provided, that if such building or prem-
ises be occupied he shall first present proper credentials and
demand entry; and if such building or premises be unoccupied he
shall first make a reasonable effort to locate the owner or
other persons having charge or control of the building or prem-
ises 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 18822.50 et seq of the Code of
Civil Procedure of the State of California."
Section 203 is deleted.
Section 205(c) 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."
Sections 801(a), 802(a), 901, 902, 903, and 904 are amended by adding
thereto the following:
"Wherever the term "Director of Public Works" shall appear in this
Chapter it shall be construed to mean 'City Engineer'."
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 CODE
Section 12.32.010 Adoption of Uniform Swimming Pool Code.
Section 12.32.020 Amendments to the Uniform Swimming Pool Code.
Section 12.32.030 Penalty for Violation.
12.32.010. Adoption of Uniform Swimming Pool Code. There is
adopted, for the purpose of providing minimum requirements for the protec-
tion of life, limb, health, property, safety, and the general welfare of
the general public, that certain code known as the Uniform Swimming Pool
Code, 1979 Edition, adopted by the International Association of Plumbing
and Mechanical Officials at the Forty-ninth Annual Conference, September,
1978, save and except such portions as are hereinafter deleted, added
thereto or amended, not less than three copies of the Uniform Swimming
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ORDINANCE NO. 1365
Pool Code, 1979 Edition, are now on file and have been on file in the
office of the City Clerk for at least fifteen days prior to February 19,
1980, and the Uniform Swimming Pool Code, is adopted and incorporated
herein by reference as though set forth in full.
12.32.020. Amendments to the Uniform Swimming Pool Code. The
Uniform Swimming Pool Code adopted by Section 12.32.010 is amended and
changed in the following respects. The section numbers hereinafter re-
ferred to are the section numbers of the Uniform Swimming Pool 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
premises an immediate threat to health and safety, the Building
Official by this code; provided, that if such building or prem-
ises be occupied he shall first present proper credentials and
demand entry; and if such building or premises be unoccupied he
shall first make a reasonable effort to locate the owner or
other persons having charge or control of the building or prem-
ises 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 18822.50 et seq of the Code of
Civil Procedure of the State of California."
The first paragraph of Section 1.7 is deleted.
Section 1.10 is amended by adding thereto the following:
"The plans required by subsection A and B above shall be prepared
by a state licensed engineer unless specifically exempted by the
Administrative Authority.
Unless grading, filling or retaining walls are the responsibility
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 adding "Fees
shall be as set by resolution of the City Council."
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Y
ORDINANCE NO.1365
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, except 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') from the decking may encroach two feet (21) into the five
foot (5') required horizontal clearance.
The administrative authority may approve lesser clearances or set-
backs where unique conditions exist."
Section 1.20 is added to read as follows:
"Section 1.20. Use of Public Right -Of -Way. It shall be unlawful
to use a public right-of-way for storing materials, or parking
equipment while in use for any phase or operation of construction
on any swimming pool within the City limits, without first ob-
taining permission from the departments having jurisdiction of
same. Such request to use public property for the above-mentioned
purposes shall be submitted in writing, stating the destination
of the excavated materials; if the destination of said materials
is to be within the San Rafael City limits, a letter authorizing
the dumping of excavated materials signed by the owner or agent of
property where said materials will be deposited, shall be submitted
and approved as a condition to obtaining a building permit.
The written consent of the owner or agent of adjacent private
property must be obtained as a condition to building permit approval
- 22 -
ORDINANCE NO.1365
where the excavator intends to or does enter or exit across said
private property.
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, including
but not limited to sidewalks, curbs and driveway approaches; or
damage to any private property, caused in whole or in part by the
construction of any such swimming pool, may be required of the
building permittee by the Building Official."
Section 311 is amended by adding thereto the following:
"Section 311. Retroactive Requirements. Where the waste water,
from any swimming pool existing at the time of passage 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
Chief Building Inspector, a nuisance, hazard to health and safety
of any person, or create a hazard to structures, buildings, plants
or vegetation or soils, such waste water shall, upon notice of said
Chief Building Inspector, be disposed of in a manner hereinfor set
forth in this section."
Section 316 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 corpor-
ation violating any of the provisions of this chapter is guilty of a mis-
demeanor, and each such person 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 committed, continued or permitted, and
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 8. If any provision of this Ordinance or its applica-
tion is held invalid by a court of competent jurisdiction, such invalid-
ity shall not affect other provisions, sections, or applications of the
Ordinance which can be given effect without the invalid provisions or
applications, and to this end any phrase, section, sentence, or word is
declared to be severable.
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.. ORDINANCE NO. 1365
DIVISION 9. This Ordinance shall be published once in full
before its final passage in a newspaper of general circulation, printed,
published, 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. MULRY , N�ayor
Attest:
J NE M. LEONCINI, City Clerk
The foregoing Ordinance No. 1365 was read and introduced at
a regular meeting of the City Council of the City of San Rafael, held
on the 19th day of February, 1980, and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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 3rd day
of March , 1980.
r
NE M. LEONCINI, ity Clerk
' Zllw
27.1 B/19