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HomeMy WebLinkAboutOrdinance 1517 (Amend Various 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. 1517 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 12.28 "UNIFOR11 CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS", CHAPTER 12.32 "UNIFORM SWIMMING POOL, SPA ANDHOT TUB CODE, AND CHAPTER 12.38 "UNIFORM SOLAR ENERGY 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 Fourth day of November, , 1985, published as required by City Charter in the 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 Eiqhteenth day of November 1985, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this ?s+ -r day of November , 19 R r,. JEAoqt`M. LEkCINI, City Clerk ORDINANCE NO. 1517 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", CHAPTER 12.32 "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, AND CHAPTER 12.38 "UNIFORM SOLAR ENERGY 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, 1982 Edition, and the Uniform Building Code Standards, 1982 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, 1982 Edition, including the Appendix thereof, are now and have been on file in the office of the City Clerk 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 chap- ter numbers of the Uniform Building Code. ORDINANCE NO. 1517 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 premises an immediate threat to health and safety, 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 repre- sentative, 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 contained in this section shall prevent the Mayor or City Council from appointing the Mayor and City Council as the Board of Appeals." Section 205 is deleted. Section 301(b)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 submitted 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 304(a) has been paid. After such examining, review and checking the Building Official may approve or disapprove any permit. - 2 - ORDINANCE NO. 1517 "When the Building Official issues the permit, he shall in writing or by stamp note on both sets of plans and specifications 'APPROVED'. Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans." Section 305 is amended by adding a new subsection (h) to read as follows: "(h) No utilities shall be authorized to be connected until such time as a final building inspection is approved and all other City department requirements have been completed." Section 307(c) is amended to read as follows: Section 307(c). Certificate Issued. After final inspec- tion when it is found that the building or structure and the land on which it is located comply with all the approvals, conditions and restrictions given or imposed with respect to the buildings, struc- tures 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, struc- ture or land for which the certificate is issued. "(5) A Statement that the described portion of the build- ing, 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 division of occupancy and the use for which the proposed occupancy is classified. "(6) The name of the Building Official." Section 2308(b) shall be amended by adding the following: - 3 - ORDINANCE NO. 1517 "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." 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, 12 and 53 are deleted. 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 estab- lished by resolution of the City Council. (b) Penalties. Where work for which a permit is required is started or proceeded with prior to obtaining such 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 corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and each such person is guilty of a separate of- fense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, con- tinued 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: - 4 - ORDINANCE NO. 1517 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 protection of life, limb, health, property, safety, and the general welfare of the general public, that certain code known as the Uniform Mechanical Code, 1982 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, 1982 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 premises an immediate threat to health and safety, 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 'J•= ORDINANCE NO. 1517 entry is refused the Building Official, or his authorized repre- sentative, 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 information 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 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 corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and each such person is guilty of a separate of- fense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, con- tinued 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. r_. ORDINANCE NO. 1517 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, 1982 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, 1982 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 incor- porated 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: "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 premises an immediate threat to health and safety, 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 - 7 - ORDINANCE NO. 1517 entry is refused the Building Official, or his authorized repre- sentative, 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(i) is added to read as follows: "Appendix I -1(i). 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 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 is guilty of a separate of- fense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, con- tinued 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. ORDINANCE NO. 1517 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, 1984 Edition, save and except such portions as are hereinafter deleted, added thereto or amended, not less than three copies of the National Electrical Code, 1984 Edition, are now and have been on file in the office of the City Clerk and the National Electrical Code, including the Appendix thereof, is adopted and incorporated herein by reference as though set forth in full. Adopted. 12.20.020. Administration - Uniform Electrical Code (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 on file in the office of the City Clerk and said Uniform Electrical Code is adopted and incor- porated in this chapter by reference as though herein set forth in full. (b) Amendments Made in Uniform Electrical Code. The sec- tion numbers are the section numbers of said Uniform Electrical Code. Section 1-A is amended by adding thereto the following: "The Office of Chief Electrical Inspector shall be part of the Department of Public Works and the term 'Chief Electrical Inspector' and 'Electrical Inspector' shall be construed to include the Building Official and his authorized representatives." Section 1-C is amended by adding thereto the following: "Section 1-C. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this title, or whenever the Building Official or his authorized representative has ORDINANCE NO. 1517 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 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 repre- sentative, 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." 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. - 10 - ORDINANCE NO. 1517 Section 10 is deleted. Section 11 is deleted. Section 15 is hereby added which shall read as follows: "Section 15. Board of Appeals. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of this code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training to pass upon matters per- taining 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 reasonable 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 appointing the Mayor and City Council as the Board of Appeals. 12.20.040. 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 is guilty of a separate of- fense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, con- tinued 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 ORDINANCE NO. 1517 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, 1982 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, 1982 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 premises an immediate threat to health and safety, 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 repre- sentative, 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: - 12 - ORDINANCE NO. 1517 "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 is guilty of a separate of- fense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, con- tinued 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 hereby amended to read in its entirety as follows: BUILDINGS. CHAPTER 12.28. UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS 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 struc- tures which from any cause 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, 1982 Edition, 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 Code for the Abatement of Dangerous Buildings, 1982 Edition, are now and have been on file in the office of the City Clerk, and - 13 - ORDINANCE NO. 1517 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 premises an immediate threat to health and safety, 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 repre- sentative, 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 is amended by adding thereto the following: "Nothing contained in this section shall prevent the Mayor or City Council from appointing the Mayor and City Council as the Board of Appeals." DIVISION 7. Chapter 12.32, Uniform Swimming Pool Code is hereby amended to read in its entirety as follows: CODE. CHAPTER 12.32. UNIFORM SWIMMING POOL, SPA, AND HOT TUB Section 12.32.010 Adoption of Uniform Swimming Pool, Spa and Hot Tub Code. - 14 - ORDINANCE NO. 1517 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, 1982 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, 1982 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, 1982 Edition, 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 sec- tion numbers of the Uniform Swimming Pool, Spa and Hot Tub Code: "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 premises an immediate threat to health and safety, 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 repre- sentative, 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." - 15 - ORDINANCE NO. 1517 The first paragraph of Section 1.7 is deleted. Section 1.10 is amended by adding thereto the following: "The plans for a swimming pool required by subsection A and B above shall be prepared by a state licensed engineer unless specifically exempted by the Administrative Authority. Unless grading, filling or retaining walls are the respon- sibility of the pool contractor, said work shall be completed prior to issuance of a pool permit. The pool contractor shall be responsible for all electrical work unless said work is performed by a licensed electrical contrac- tor 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, struc- ture 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 (51) required horizontal clearance. - 16 - ORDINANCE NO. 1517 The administrative authority may approve lesser clearances 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 materials, or parking equipment while in use for any phase or operation of con- struction on any swimming pool within the City limits, without first obtaining 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 dump- ing of excavated materials signed by the owner or agent of property where said materials will be deposited, shall be submitted and ap- proved 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 where the ex- cavator 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 Building Official, a nuisance, hazard to health and safety of any person, or create a hazard to structures, buildings, plants or - 17 - ORDINANCE NO. 1517 vegetation or soils, such waste water shall, upon notice of said Building Official, 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 W) by seven feet (71) 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 is guilty of a separate of- fense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, con- tinued 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. Chapter 12.38, Uniform Solar Energy Code, is hereby amended to read in its entirety as follows: CHAPTER 12.38. UNIFORM SOLAR ENERGY CODE. Section 12.38.010 Adoption of Uniform Solar Energy Code. 12.38.020 Amendments Made in the Uniform Solar Energy Code. 12.38.030 Penalty for Violation. 12.38.010. Adoption of the Uniform Solar Energy Code. There is adopted, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, and conservation of energy, and the general welfare of the general public, that certain code known as the Uniform Solar Energy Code, 1982 Edition, including the appendix thereof, save and except such portions as are hereinafter deleted, added thereto or amended, not less than three copies of the Uniform Solar Energy Code, 1982 Edition, including the appendix thereof, are now and have been on file in the office of the City Clerk, and the Uniform Solar Energy Code, including the appendix thereof, are adopted and incorporated herein by reference as though set forth in full. ORDINANCE NO. 1517 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 18822.50 et seq. of the Code of Civil Procedure of the State of California." adding: (2) The first paragraph of Title 20.3 is deleted. (3) Title 20.6 is amended by deleting schedule of fees and "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 =-W� ORDINANCE NO. 1517 of a misdemeanor, and each such person is guilty of a separate of- fense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, con- tinued 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 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 NNE M. LEONCIN1, City Clerk AWRENCE E. MUL YAN Mayor - 20 - ORDINANCE NO. 1517 The foregoing Ordinance No. 1517 was read and introduced at a Regular meeting of the City Council of the City of San Rafael, held on the 4th day of November , 1985, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli 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 18th day of November , 1985. J6h M. LEONCINI, City Clerk - 21 -