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HomeMy WebLinkAboutOrdinance 1736 (Various Code Amendments)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, 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. 1736 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTER 12.12, ADOPTING THE UNIFORM BUILDING CODE, 1997 EDITION, WITH AMENDMENTS; BY AMENDING CHAPTER 12.14, ADOPTING THE UNIFORM MECHANICAL CODE, 1997 EDITION, WITH AMENDMENTS; BY AMENDING CHAPTER 12.16, ADOPTING THE UNIFORM PLUMBING CODE, 1997 EDITION, WITH AMENDMENTS; BY AMENDING CHAPTER 12.20, ADOPTING THE NATIONAL ELECTRICAL CODE, 1996 EDITION, WITH AMENDMENTS; BY AMENDING CHAPTER 12.26, ADOPTING THE UNIFORM HOUSING CODE, 1997 EDITION, WITH AMENDMENTS; BY AMENDING CHAPTER 12.28, ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION, WITH AMENDMENTS; AND BY AMENDING CHAPTER 12.32, ADOPTING THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1997 EDITION, WITH AMENDMENTS" 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 17th day of MAY, 1999, a summary of Ordinance No. 1736 was published as required by City Charter in the MARIN 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 7th day of JUNE, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 11th day of JUNE, 1999 lJ,. JEANNh' LEONCINI,�Cler ORDINANCE NO. 1736 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTER 12.12, ADOPTING THE UNIFORM BUILDING CODE, 1997 EDITION, WITH AMENDMENTS; BY AMENDING CHAPTER 12.14, ADOPTING THE UNIFORM MECHANICAL CODE, 1997 EDITION, WITH AMENDMENTS; BY AMENDING CHAPTER 12.16, ADOPTING THE UNIFORM PLUMBING CODE, 1997 EDITION, WITH AMENDMENTS; BY AMENDING CHAPTER 12.20, ADOPTING THE NATIONAL ELECTRICAL CODE, 1996 EDITION, WITH AMENDMENTS; BY AMENDING CHAPTER 12.26, ADOPTING THE UNIFORM HOUSING CODE, 1997 EDITION, WITH AMENDMENTS; BY AMENDING CHAPTER 12.28, ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION, WITH AMENDMENTS; AND BY AMENDING CHAPTER 12.32, ADOPTING THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1997 EDITION, WITH AMENDMENTS. The Council of the City of San Rafael does ordain as follows: Division 1. Title 12, Chapter 12.12 of the Municipal Code of the City of San Rafael is hereby amended to read as follows: Chapter 12.12 Uniform Building Code Sections: 12.12.010 Adoption of Uniform Building Code, 1997 Edition, With Amendments. 12.12.020 Amendments made in the Uniform Building Code 12.12.030 Enforcement and Penalties. 12.12.010 Adoption of Uniform Building Code, 1997 Edition, With Amendments. The City Council hereby adopts, 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, 1997 Edition, Volume ORIGINAL ORDINANCE NO. 173 6 1, Volume 2, and Volume 3, including the appendices thereto, excepting Appendix Chapter 3, Divisions III and IV, Appendix Chapter 4, Division 1, Appendix, Chapter 12, Division I, and Appendix, Chapter 29, as published by the International Conference of Building Officials, and as amended by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 2, hereinafter "Uniform Building Code", save and except such portions as are hereinafter changed, added thereto, or amended by Section 12.12.020 of this Chapter. Not less than three copies of said code shall be maintained by the office of the City Clerk. 12.12.020. Amendments made in the Uniform Building Code. The Uniform Building Code is changed, added to, or amended in the following respects: Section 104.2.3 is amended to read as follows: "Section 104.2.3 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 unoccupied 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 - 2 - ORDINANCE NO. 173 6 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 105 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 106.4.1 is amended to read as follows: "106.4.1 Issuance. The Building Official shall examine, review and check all applications, plans and specifications submitted by the applicant. Such application, plans and specifications 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 therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fee specified in Section 107.1 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." - 3 - ORDINANCE NO. 1736 Section 107.2 is amended to change the first sentence to read as follows: "The fees for each permit shall be as set forth in the City's existing Master Fee Schedule, Resolution No. 9921, as hereafter may be amended by resolution of the City Council." Section 108 is amended by adding a new Subsection 108.9 to read as follows: "108.9 Utilities. 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 109.3 is amended to read as follows: "109.3. 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 conditions and restrictions respecting the buildings, structures or land, and after a determination that the buildings, structures or land comply with all of the provisions of this code, including payment of zoning or other permit violation processing fees as established from time to time by the City Council, 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. - 4 - ORDINANCE NO. 1.736 (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, payments of fees 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. (6) The name of the Building Official." Section 1611.6 shall be amended by adding the following: "Wooden retaining walls may not be used to support a permanent structure." Chapter 15 is amended by deleting from Table 15-A all listings other than Class A roofing and requiring Class A roofing in all construction. Chapter 30 is amended by adding thereto the following Section 3010 which shall read as follows: Section 3010. ELEVATOR REQUIREMENTS in Housing Facilities for the Elderly and Persons with disabilities. a). At least one elevator shall be required in every multiple unit residential structure of forty-five dwelling units or more which, at the time the initial building permit is issued, is dedicated to exclusively (except for any manager's units(s)) house the elderly, persons with disabilities, or a combination thereof, and is in excess of one story, where the residential units are located off of one or more common corridors, hallways or walkways and the entrance to one or more such units is situated at least six feet above or below the main building entrance, grade level or parking level. b). This requirement shall only apply to the construction of new multiple unit residential structures. min ORDINANCE NO. 1736 c). Alternative (Less Than Forty -Five Units). For projects meeting the requirements of Subsections (a) and (b) containing less than forty-five dwelling units, the Building Official may require an elevator under this Subsection unless it is demonstrated that a suitable alternative means of accessibility above the first floor is provided to the elderly and to persons with disabilities. d). Rules for Access for Persons with Disabilities Govern. In any project where the regulations governing access for persons with disabilities are more stringent than provided under this Section, such regulations shall govern. e). Time of Compliance. No building permit shall be issued for any project which does not meet the requirements of this Section. Chapter33 is amended by adding thereto the following Section 3303.10 which shall read as follows: "3303.10 Mud or Loose Dirt on Public Street. No person, f i rm 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 Chapter 3, Divisions III and IV, Appendix Chapter 4 Division I, Appendix Chapter 10, Appendix Chapter 12 Division I, and Appendix Chapter 29 are deleted. Appendix Chapter 15, Section 1514 is hereby amended by designating the existing paragraphs as Subsection 1514.1, Reroofing Standards, and adding a new Subsection 1514.2 to read as follows: 1514.2 Minimum Roofing Materials. The fire rating of all roofing materials used shall be as follows based on the percentage of the replacement area in any 12 month period. - 6 - ORDINANCE NO. 173 6 1. Less than 25% replaced - At the minimum, materials compatible with the existing roof shall be used. 2. 25% to less than 50% replaced - At the minimum, a Class C roof covering shall be used. 3. 50% or more replaced - A minimum of Class A roofing system, which complies with Uniform Building Code Standard 15-2, shall be used. 4. In no case shall roofing materials used be less fire resistive than the existing roof. Appendix Chapter 33, Section 3310 is amended to read as follows: "Section 3310. Grading Fees. (a) Fees shall be as set forth in the City's existing Master Fee Schedule, Resolution No. 9921, as hereafter may be amended by resolution of the City Council." (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 Enforcement and Penalties. A. In addition to the enforcement powers and/or remedies provided in this Chapter, the Building Official shall have the power to enforce the provisions of this Chapter as provided in Chapters 1.40, 1.42, 1.44, and 1.46. B. The violations of the Uniform Building Code as adopted in this Chapter are misdemeanors/infractions and are subject to the -- 7 - ORDINANCE NO. 173 6 penalties set forth in Section 1.42.010 of the San Rafael Municipal Code. Division 2. Chapter 12.14 of the Municipal Code of the City of San Rafael is hereby amended to read as follows: Chapter 12.14 Uniform Mechanical Code. Sections: 12.14.010 Adoption of Uniform Mechanical Code, 1997 Edition, With Amendments. 12.14.020 Amendments Made in the Uniform Mechanical Code. 12.14.030 Enforcement and Penalties. 12.14.010. Adoption of Uniform Mechanical Code, 1997 Edition, With Amendments. The City Council hereby adopts, 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, 1997 Edition, including the appendix thereto, as published by the International Conference of Building Officials, and as amended by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 4, hereinafter "Uniform Mechanical Code", save and except such portions as are hereinafter changed, added to, or amended by Section 12.14.020 of this Chapter. Not less than three copies of said code shall be maintained by the office of the City Clerk. 12.14.020. Amendments Made in the Uniform Mechanical Code. The Uniform Mechanical Code is changed, added to, or amended in the following respects: Section 108.3 is amended to read as follows: - 8 -- ORDINANCE NO. 173 6 "Section 108.3. 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 unoccupied 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 110.1 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 111 is deleted. Section 114.1 is amended to read as follows: "Section 114.1 Issuance. The Building Official shall examine, review and check all applications, plans and specifications submitted by the applicant. Such application, plans and specifications may be m 9 ORDINANCE NO. 1736 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 therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fee specified in Section 115.2 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 115.2 is amended to read as follows: "Section 115.2. 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 as set forth in the City's existing Master Fee Schedule, Resolution No. 9921, as hereafter may be amended by resolution of the City Council." 12.14.030 Enforcement and Penalties. A. In addition to the enforcement powers and/or remedies provided in this Chapter, the Building Official shall have the power to enforce the provisions of this Chapter as provided in Chapters 1.40, 1.42, 1.44, and 1.46. B. The violations of the Uniform Mechanical Code as adopted in this Chapter are misdemeanors/infractions and are subject to the ORDINANCE NO. 173 6 penalties set forth in Section 1.42.010 of the San Rafael Municipal Code. Division 3. Chapter 12.16 of the Municipal Code of the City of San Rafael is hereby amended to read as follows: Chapter 12.16. Uniform Plumbing Code. Sections 12.16.010 Adoption of Uniform Plumbing Code, 1997 Edition, With Amendments. 12.16.020 Amendments to the Uniform Plumbing Code. 12.16.030 Enforcement and Penalties 12.16.010. Adoption of Uniform Plumbing Code, 1997 Edition, With Amendments. The City Council hereby adopts, 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, 1997 Edition, including the Appendices thereto, as published by the International Association of Plumbing and Mechanical Officials, and as amended by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 5, hereinafter "Uniform Plumbing Code", save and except such portions as are hereinafter changed, added to, or amended by Section 12.16.020 of this Chapter. Not less than three copies of said code shall be maintained by the office of the City Clerk. 12.16.020. Amendments to the Uniform Plumbing Code. The Uniform Plumbing Code is changed, added to, or amended in the following respects: SECTION 102.2.2 is amended to read as follows: ORDINANCE NO. 173 6 SECTION 102.2.2. 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 unoccupied 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 102.3 is deleted. SECTION 103.0 is amended by deleting Table 1-1, Plumbing Permit Fees, and by amending Subsection 103.4.1, to read as follows: "103.4.1. The fee for each permit shall be as set forth in the City's existing Master Fee Schedule, Resolution No. 9921, as hereafter may be amended by resolution of the City Council." Appendix K10) is added to read as follows: "Appendix K10). 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 - 12 - ORDINANCE NO. 1736 Department of Environmental Health, and shall be subject to such fees as said department may by resolution impose. 12.16.030. Enforcement and Penalties. A. In addition to the enforcement powers and/or remedies provided in this Chapter, the Building Official shall have the power to enforce the provisions of this Chapter as provided in Chapters 1.40, 1.42, 1.44, and 1.46. B. The violations of the Uniform Plumbing Code as adopted in this Chapter are misdemeanors/infractions and are subject to the penalties set forth in Section 1.42.010 of the San Rafael Municipal Code. Division 4. Chapter 12.20 of the Municipal Code of the City of San Rafael is hereby amended to read as follows: Chapter 12.20. Electrical Code. Sections: 12.20.010 Adoption of National Electrical Code, 1996 Edition, With Amendments. 12.20.020 Administration -Adoption of Uniform Administrative Code Provisions for the National Electrical Code. 12.20.030 Enforcement and Penalties. 12.20.010. Adoption of National Electrical Code, 1996 Edition, With Amendments. The City Council hereby adopts, 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, 1996 Edition, including the Appendices thereto, as published by the National Fire Protection Association, and as amended by the California Building - 13 - ORDINANCE NO. 173 6 Standards Commission in the California Code of Regulations, Title 24, Part 3, hereinafter "National Electrical Code", save and except such portions as are hereinafter changed, added to, or amended by Section 12.16.020 of this Chapter. Not less than three copies of said code shall be maintained by the office of the City Clerk. 12.20.020. Administration -Adoption of Uniform Administrative Code Provisions for the National Electrical Code. (a) The City Council hereby adopts, in order to facilitate the orderly enforcement of the National Electrical Code, that certain code known as the Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition, as published by the International Conference of Building Officials, save and except such portions as are hereinafter deleted, added thereto, changed or amended by Section 12.20.020(b). Not less than three copies of said code shall be maintained by the office of the City Clerk. (b) The Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition, is amended in the following respects: Section 201.3 is amended to read as follows: "Section 201.3. 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 - 14 - ORDINANCE NO. 173 6 if such building or premises 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 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 203.1 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 303.1 is amended to read as follows: Section 303.1. Issuance. The Building Official shall examine, review and check all applications, plans and specifications submitted by the applicant. Such application, plans and specifications 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 therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fee specified in Section 304.1 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 - 15 - ORDINANCE NO. 173 6 '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 304.1 is amended to read as follows: "Section 304.1. Permit Fees. Any person desiring a permit required by this code shall, at the time of filing an application therefore, pay a fee, as set forth in the City's existing Master Fee Schedule, Resolution No. 9921, as hereafter may be amended by resolution of the City Council." Section 304.2 is deleted. 12.20.030. Enforcement and Penalties A. In addition to the enforcement powers and/or remedies provided in this Chapter, the Building Official shall have the power to enforce the provisions of this Chapter as provided in Chapters 1.40, 1.42, 1.44, and 1.46. B. The violations of the National Electrical Code as adopted in this Chapter are misdemeanors/infractions and are subject to the penalties set forth in Section 1.42.010 of the San Rafael Municipal Code. Division 5. Chapter 12.26 of the Municipal Code of the City of San Rafael is hereby amended to read as follows: Chapter 12.26. Uniform Housing Code. Sections: 12.26.010 Adoption of Uniform Housing Code, 1997 Edition, With Amendments. 12.26.020 Amendments to Uniform Housing Code. - 16 - ORDINANCE NO. 173 6 12.26.030 Enforcement and Penalties. 12.26.010. Adoption of Uniform Housing Code, 1997 Edition, With Amendments. The City Council hereby adopts, 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 Housing Code, 1997 Edition, as published by the International Conference of Building Officials, hereinafter "Uniform Housing Code", save and except such portions as are hereinafter changed, added to or amended by Section 12.26.020 of this Chapter. Not less than three copies of said code shall be maintained by the office of the City Clerk. 12.26.020. Amendments to Uniform Housing Code. The Uniform Housing Code is changed, added to, or amended in the following respects: Section 201.2 is amended to read as follows: "Section 201.2. 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 unoccupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises - 17 - ORDINANCE NO. 1736 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 203.1 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. Enforcement and Penalties. A. In addition to the enforcement powers and/or remedies provided in this Chapter, the Building Official shall the power to enforce the provisions of this Chapter as provided in Chapters 1.40, 1.42, 1.44, and 1.46. B. The violations of the Uniform Housing Code as adopted in this Chapter are misdemeanors/infractions and are subject to the penalties set forth in Section 1.42.010 of the San Rafael Municipal Code. Division 6. Chapter 12.28 of the Municipal Code of the City of San Rafael is hereby amended to read as follows: Chapter 12.28 Uniform Code for the Abatement of Dangerous Buildings. Sections: 12.28.010 Adoption of Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, With Amendments. 12.28.020 Amendments to the Uniform Code for the Abatement of Dangerous Buildings. 18 ORDINANCE NO -1736 12.28.010. Adoption of Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, With Amendments. The City Council hereby adopts, 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 Code for the Abatement of Dangerous Buildings, 1997 Edition, as published by the International Conference of Building Officials, hereinafter "Uniform Code for the Abatement of Dangerous Buildings", save and except such portions as are hereinafter changed, added to or amended by Section 12.28.020. Not less than three copies of said code shall be maintained by the office of the City Clerk. 12.28.020. Amendments to the Uniform Code for the Abatement of Dangerous Buildings. The Uniform Code for the Abatement of Dangerous is changed, added to, or amended in the following respects: Section 201.3 is amended to read as follows: "Section 201.3. 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 �'M ORDINANCE NO. 1.736 unoccupied 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 of the Municipal Code of the City of San Rafael is hereby amended to read as follows: Chapter 12.32 Uniform Swimming Pool, Spa and Hot Tub Code. Sections: 12.32.010 Adoption of Uniform Swimming Pool, Spa and Hot Tub Code, 1997 Edition, With Amendments. 12.32.020 Amendments to Uniform Swimming Pool, Spa and Hot Tub Code. 12.32.030 Enforcement and Penalties. 12.32.010. Adoption of Uniform Swimming Pool, Spa and Hot Tub Code, 1997 Edition, With Amendments. The City Council hereby adopts, 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 Swimming Pool, Spa and Hot Tub Code, 1997 Edition, as published by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, - 20 - ORDINANCE NO. 1736 CA 91789-2825, hereinafter "Uniform Swimming Pool, Spa and Hot Tub Code", save and except such portions as are hereinafter changed, added to, or amended by Section 12.32.020 of this Chapter. Not less than three copies of said code shall be maintained by the office of the City Clerk. 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 changed, added to, or amended in the following respects: Section 105.2 is amended to read as follows: "Section 105.2. 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 unoccupied 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." - 21 - ORDINANCE N0.173 6 Section 109.0 is amended by adding a new Subsection 109.4 to read as follows: 11109.4 The plans for a swimming pool required by subsection 109.1 and 109.2 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 110.0 is amended by deleting Table 1-1, Schedule of Fees, and amending the second paragraph to read as follows: "Such applicant shall pay for each permit at the time of making application, the fees as set forth in the City's existing Master Fee Schedule, Resolution No. 9921, as hereafter may be amended by resolution of the City Council." Section 117.0 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 118.0 is added to read as follows: "Section 118.0 Location - Construction and Design. There shall be a minimum horizontal clearance of five feet (51) 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 - 22 - ORDINANCE NO. 1736 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 (1211) in height or roof overhang with a minimum clearance of eight feet (81) from the decking may encroach two feet (21) into the five foot (51) required horizontal clearance. The Building Official may approve lesser clearance or setbacks where unique conditions exist." Section 119.0 is added to read as follows: "Section 119.0 Use of Public Right -of Way. It shall be unlawful 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 jurisdiction. 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, 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 310.7 is added to read as follows: "Section 310.7 Where the waste water, from any swimming pool existing at the time of the effective date of this ordinance, flows or - 23 - ORDINANCE NO. 173 6 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 vegetation or soils, such waste water shall, upon notice of said Building Official, be disposed of in a manner as previously set forth in this section." Section 315.1 is amended by adding after the first sentence the following sentence: "Said concrete base shall have a minimum dimension of four feet (41) by seven feet (71) by three inches (311) in thickness." 12.32.030. Enforcement and Penalties. A. In addition to the enforcement powers and/or remedies provided in this Chapter, the Building Official shall have the power to enforce the provisions of this Chapter as provided in Chapters 1.40, 1.42, 1.44, and 1.46. B. The violations of the Uniform Swimming Pool, Spa and Hot Tub Code as adopted in this Chapter are misdemeanors/infractions and are subject to the penalties set forth in Section 1.42.010 of the San Rafael Municipal Code. Division 8. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity 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. - 24 - ORDINANCE NO. 173 6 Division 9. Health and Safety Code sections 17958 .5, 17958.7, and 18941.5 require that findings be made in order to exceed the requirements found in the California Building Standards Code based on local climatic, geologic, or topographic conditions. Some of the amendments to the Uniform Building Code made by City of San Rafael include provisions that are more restrictive than the 1998 California Building Standards Code (Title 24, Part 1). Therefore, the City of San Rafael City Council hereby finds that these more restrictive provisions in the Uniform Building Code are reasonably necessary because of the following local climatic, geological, and topographical conditions: I. Climatic conditions a. Because most of the annual rainfall in San Rafael occurs during the winter, the summer months bring on a pseudo drought condition every year. The lack of summer rain combined with hot, windy days create conditions that could dangerously spread fires. b. Because most of the annual rainfall in San Rafael occurs during the winter, and because some portions of San Rafael are subject to tidal influences, there are times that flooding conditions may restrict the Fire Department's ability to respond to fires. C. Heat experienced during the summer months would make the use of ramps or stairs to reach residential units above the ground floor excessively difficult and potentially dangerous for the elderly and people with disabilities. d. Rainfall and damp weather during the winter months would make the use of ramps or stairs to reach the residential - 25 - ORDINANCE NO. 173 6 units above the first floor excessively difficult and potentially dangerous for the elderly and people with disabilities. II. Geologic conditions a. Because San Rafael lies near several earthquake faults, there are significant potential hazards such as road closures (resulting from landslides or Highway 101 failure), fires, collapsed buildings and isolation of residents requiring assistance. b. Because San Rafael is the major economic center of Marin County and is situated along the Highway 101 corridor, traffic congestion can create conditions that may restrict the Fire Department's ability to respond to fires. III. Topographic conditions Because much of San Rafael is located in hilly areas, there can be conditions which may limit the ability of the Fire Department to respond to and contain fires such as steepness of grade, narrow and winding roads, and water supplies. Health and Safety Code Section 17958.7 further requires that the modification or change be expressly marked and identified as to which each finding refers. Therefore, the San Rafael City Council finds that the following table identifies the Uniform Building Code sections that have been modified in Division 1, Section 12.12.020 of this ordinance, which are building standards as defined in Health and Safety Code Section 18909, and the associated referenced conditions for modification due to the local climatic, geological, and topographical reasons. - 26 - ORDINANCE NO. 173 6 Section Number Section 1611.6 Section 3010 Chapter 15 Table 15-A Local climatic, geological and topographical App. Chap.15 Sec. 1514.2 condition IIa Ic, Id Ia, IIb, III Ia, IIb, III Division 10. A summary of this ordinance shall be published and a certified copy of the full text of this ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council Meeting at which it is adopted. This ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this ordinance shall be published within fifteen (15) days after the adoption, together with the names of the Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this ordinance along with the names of those Councilmembers voting for and against the ordinance. iLBE&T J. BORJ(R Mayor Attest: JEA& M. LEO�CiyClerk - 27 - ORDINANCE NO. 173 6 The foregoing Ordinance No.1736 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 17th day of May, 1999, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips, & Mayor Boro 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 7th day of June, 1999. JEA M. LEONCINF, -City Clerk