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HomeMy WebLinkAboutOrdinance 1617 (Various Building Codes)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. 1617 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' (1991 ed.), 'UNIFORM BUILDING CODE STANDARDS' (1991 ed.), CHAPTER 12.14 'UNIFORM MECHANICAL CODE' (1991 ed.), CHAPTER 12.16 'UNIFORM PLUMBING CODE' (1991 ed.), CHAPTER 12.26 'UNIFORM HOUSING CODE' (1991 ed.), CHAPTER 12.28 'UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS' (1991 ed.), CHAPTER 12.32 'UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE' (1991 ed.), AND CHAPTER 12.38 'UNIFORM SOLAR ENERGY CODE' (1991 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 18th day of MAY , 1992, published as required by City Charter in the MARIN INDEPENDENT JOURNAI , 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 1st day of JUNE 19 92, by the following vote, to wit: AYES: COUNCILMEMBERS: Brei ner, Cohen, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Shippey WITNESS my hand and the official seal of the City of San Rafael this 8th day of JUNE , 1992. br %d9 rp2•JEAN E M. LEONCINI, City Clerk ORDINANCE NO. 1617 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" (1991 ed.), "UNIFORM BUILDING CODE STANDARDS" (1991 ed.), CHAPTER 12.14 "UNIFORM MECHANICAL CODE" (1991 ed.), CHAPTER 12.16 "UNIFORM PLUMBING CODE" (1991 ed.), CHAPTER 12.26 "UNIFORM HOUSING CODE" (1991 ed.), CHAPTER 12.28 "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS" (1991 ed.), CHAPTER 12.32 "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE" (1991 ed.), AND CHAPTER 12.38 "UNIFORM SOLAR ENERGY CODE" (1991 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, 1991 Edition, and the Uniform Building Code Standards, 1991 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, 1991 Edition, including the Appendix thereof, and the Uniform Building Code Standards, 1991 Edition, are now and have been on file in the office of the City Clerk and the Uniform Building Code, including the Appendix thereof, excepting Appendix Chapters 1 and 12, 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 Chapter numbers hereinafter referred to are the section and/or Chapter numbers of the Uniform Building Code. �RIGINAI ORDINANCE NO. 1617 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 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 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 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(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 IW41 ORDINANCE NO. 1617 authorization from the Building Official, and all work shall be done in accordance with the approved plans." follows: Section 305 is amended by adding a new subsection (h) to read as "(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 308(c) is amended to read as follows: "Section 308(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 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 Davment of zoning or other hermit violation nrocessina fees as established from time to time by the Citv 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." "(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. structure." "(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 permanent 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. -3- ORDINANCE NO. 1617 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 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." 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 replacement 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. (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 corporation 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 ME ORDINANCE NO. 1617 every day or portion thereof during which any violation of any of the provisions of this code is committed, 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, 1991 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, 1991 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. 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 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 -5- ORDINANCE NO. 1617 safety, the Building Official or his authorized representative may enter such G5 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 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 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(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." sm ORDINANCE NO. 1617 12.14.030 Penalty for Violation. Any person, firm or corporation 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 committed, 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. 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, 1991 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, 1991 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 follows: 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: WA ORDINANCE NO. 1617 "Title 20.2(b). 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." Title 20.3 is deleted. Title 30.4 is amended by deleting schedule of fees and adding: "Fees shall be as set by resolution of the City Council." Appendix I-10) 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 corporation 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 committed, 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. ME ORDINANCE NO. 1617 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, 1991 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, 1991 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: "Section 201(b). 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 ORDINANCE NO. 1617 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 corporation 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 committed, 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 6. Chapter 12.28, Uniform Code for the Abatement of Dangerous Buildings, is hereby 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 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, 1991 Edition, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, 90601, save and -10- ORDINANCE NO. 1617 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, 1991 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. 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 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 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, and Hot Tub 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. -11- ORDINANCE NO. 1617 12.32.020 Amendments to Uniform Swimming Pool, Spa and Hot Tub Code. 12.32.030 Penalty for Violation. 12.32.010. Adoption of Uniform Swimming Pool, Spa and Hot Tub 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 Swimming Pool, Spa and Hot Tub Code, 1991 Edition, published 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, 1991 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 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." -12- ORDINANCE NO. 1617 v Section 1.10 is amended by adding thereto the fol S "The plans for a swimming pool required by subset shall be prepared by a state licensed engineer unless specificaL, --empted 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." 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 (2') into the five foot (5') required horizontal clearance. The Building Official may approve lesser clearance or setbacks 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 construction materials, storing excavation spoils, or parking equipment used in the construction of any swimming pool -13- ORDINANCE NO. 1617 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 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 vegetation or soils, such waste water shall, upon notice of said Building Official, be disposed of in a manner hereinfore set forth in this section." 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 corporation 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 committed, 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 S. 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. -14- ORDINANCE NO. 1617 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, 1991 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 E Energy Code, 1991 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 numbers 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 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." -15- ORDINANCE NO. 1617 (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 corporation 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 committed, 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 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. Division 10. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. Attest: J E M. LEONCI, City Clerk AB J. 130 Mayor W -V