HomeMy WebLinkAboutOrdinance No. 13-O3ORDINANCE NO. 13-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
AMENDING CHAPTER 14 OF THE AZUSA MUNICIPAL CODE, BY
AMENDING SECTIONS; 14-1, 14-51, 14-53, 14-55, 1.4-57, 14-62, 14-69, 14-
466, 14-467 AND 14-473; AND ADOPTING BY REFERENCE THE 2013
EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE
(CALIFORNIA CODE OF REGULATIONS, TITLE 24), INCLUDING
THE CALIFORNIA BUILDING CODE VOLUMES 1 & 2 INCLUDING
CHAPTER 1 AND APPENDICES G AND J (2013 EDITION,
INCORPORATING AND AMENDING THE 2012 INTERNATIONAL
BUILDING CODE); THE CALIFORNIA RESIDENTIAL CODE
INCLUDING CHAPTER 1 (2013 EDITION, INCORPORATING AND
AMENDING THE 2012 INTERNATIONAL RESIDENTIAL CODE); THE
CALIFORNIA GREEN BUILDING STANDARDS CODE (2013 EDITION);
THE CALIFORNIA MECHANICAL CODE INCLUDING CHAPTER 1
(2013 EDITION, INCORPORATING AND AMENDING THE 2012
UNIFORM MECHANICAL CODE); THE CALIFORNIA PLUMBING
CODE INCLUDING CHAPTER 1 (2013 EDITION, INCORPORATING
AND AMENDING THE 2012 UNIFORM PLUMBING CODE); THE
CALIFORNIA ELECTRICAL CODE INCLUDING ARTICLE 89 (2013
EDITION, INCORPORATING AND AMENDING THE 2011 NATIONAL
ELECTRICAL CODE); THE CALIFORNIA EXISTING BUILDING
CODE (2013.EDITION), TOGETHER WITH CERTAIN ADDITIONS,
INSERTIONS, DELETIONS AND CHANGES THERETO; AND
ADOPTING BY REFERENCE THE UNIFORM SWIMMING POOL, SPA
AND HOT TUB CODE (2012 EDITION), AND THE UNIF0RM HOUSING
CODE CHAPTERS 4, 5, 6 AND SECTIONS 701.2 AND 701.3 (1997
EDITION).
WHEREAS, Government Code Section 50022, el seg. and California Health& Safety
Code Section 17922 empower the City of Azusa ("City") to adopt by reference the California
Building Standards Code as provided in Title 24 of the California Code of Regulations, adopting
various model codes, including the 2012 International Building Code ("IBC"), 2012 Uniform
Mechanical Code ("UMC"), 2012 Uniform Plumbing Code ("UPC'), 2011 National Electrical
Code ('NEC'), 2012 International Existing Building Code ("IEBC"), and other model codes,
including, without limitation, the 2012 Uniform Swimming Pool, Spa and Hot Tub Code; and
WHEREAS, the City previously adopted by reference various model codes, including
the 2009 International Building Code, 2009 Uniform Mechanical Code, 2009 Uniform Plumbing
Code, 2008 National Electrical Code, 2009 Uniform Housing and 2009 Uniform Swimming
Pool, Spa and Hot Tub Code subject to particular additions, amendments and deletions set forth
in the Ordinances adopting such codes, and codified in Azusa Municipal Code Sections 14-1, 14-
51,14-91, 14-111, 14-150, 14-201, and 14-205; and
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WHEREAS, the publishers of the international and uniform codes recently published
updated editions of such codes, and the California Building Standards Commission
("Commission') adopted such codes and has established January 1, 2014 as the effective date of
the most recent edition of the California Building Standards Code; and
WHEREAS, California Health & Safety Code, Section 17958.5 and 18941.5 authorize
cities and counties to modify the California Building Standards Code by adopting more
restrictive standards and modifications if such standards and modifications are accompanied by
express findings that they are reasonably necessary because of local climatic, geological or
topographical conditions, and
WHEREAS, the City Council of the City of Azusa ('City Council") finds that these local
climatic, geological or topographical conditions include, but are not limited to, the following:
1. The City is subject to relatively low amounts of precipitation, very low humidity
levels and extremely high temperatures. These climatic conditions are conducive to the spread of
drought conditions and fires. For example, during July, August and September, temperatures
often exceed 100 degrees Fahrenheit. During the same months humidity is usually less than 40%
and measurements of less than 10% are not uncommon; and
2. The warm, dry climate is conducive to swimming pools which creates a higher
probability of child drownings where pools are unprotected.
WHEREAS, the aforementioned geologic and climatic conditions have also contributed
to the loss or damage of 262 homes in the Anaheim fire of 1982, 71 homes in the Baldwin Hills
fire of 1985, 33 homes in the Porter Ranch fire of 1988, 162 homes in the Santa Barbara fire of
1990, 3300 homes in the Oakland fire of 1991, 2,232 homes in the Cedar fire of 2003, and most
recently, 1500 homes in the Southern California wildfires of 2007; and
WHEREAS, these fires have resulted in the tragic loss of lives along with enormous
property losses; and
WHEREAS, based upon the recommendations of the Building Official, the City Council
finds that the proposed amendments to the California Building Standards Code and model codes
('amendments"), as set forth herein, are more restrictive than the standards adopted by the
California Building Standards Commission, would decrease the potential incidence of property
damage, injury and death due to fires, and are reasonably necessary to mitigate the
aforementioned local climatic, geologic or topographical condition.
Specifically
1. The amendments to Table 1505.1 and Sections 1505.1.3 and 1507.2.9 of the 2013
California Building Code and Section 8902.1.3 of the 2013 California Residential Code will
provide a higher level of fire protection to roofs than required by the 2013 California Building
Standards Code. These modifications will decrease the potential incidence of property damage,
injury and death due to fires and are reasonably necessary to mitigate the aforementioned local
climatic conditions which make the City more vulnerable to fires, as described in the recitals
above.
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2. The amendments to Sections 3109.4.4.1 and 3109.4.4.2 of the 2013 California
Building Code will decrease the potential incidence of injury or death due to pool drownings,
and are reasonably necessary to mitigate the aforementioned local climatic condition.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1. The Recitals contained in this ordinance are hereby adopted as Findings of
Fact by the City Council, as if fully set forth herein.
SECTION 2. Section 14-1 of the Azusa Municipal Code is hereby amended in its
entirety to read as follows:
"See 14-1 Codes Adopted.
The City adopts by reference and makes part of this Chapter by reference, subject to
those certain amendments set forth in this Chapter, the following California Building Standards
Codes (California Code of Regulations, Title 24) and uniform codes:
1. The California Building Code, 2013 Edition, Volumes 1 and 2 (California Code
of Regulations, Title 24, Part 2) including chapter 1 and appendices G and J; incorporating and
amending the 2012 International Building Code as published by the International Code Council;
2. The California Residential Code, 2013 Edition (California Code of Regulations,
Title 24, Part 2.5) including chapter 1; incorporating and amending the 2012 International
Residential Code published by the International Code Council;
3. The California Electrical Code, 2013 Edition (California Code of Regulations,
Title 24, Part 3) including article 89; incorporating and amending the 2011 National Electrical
Code published by the National Fire Protection Association;
4. The California Mechanical Code, 2013 Edition (California Code of Regulations,
Title 24, Part 4) including chapter 1; incorporating and amending the 2012 Uniform Mechanical
Code published by the International Association of Plumbing and Mechanical Officials;
5. The California Plumbing Code, 2013 Edition (California Code of Regulations,
Title 24, Part 5) including chapter 1; incorporating and amending the 2012 Uniform Plumbing
Code published by the International Association of Plumbing and Mechanical Officials;
6. The California Existing Building Code, 2013 Edition (California Code of
Regulations, Title 24, Part 10); based on the 2012 International Existing Building Code
published by the International Code Council;
7. The California Green Building Standards Code, 2013 Edition (California Code of
Regulations, Title 24, Part 11); published by the California Building Standards Commission;
8. The Uniform Swimming Pool, Spa and Hot Tub Code, 2012 Edition; published by
the International Association of Plumbing and Mechanical Officials;
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9. The Uniform Housing Code, 1997 Edition; published by the International
Conference of Building Officials.
At least one copy of each code has been filed in the Office of the City Clerk and each is
incorporated herein by reference as though set forth in full, shall be the standards, provisions,
and conditions to be observed and shall be followed in the regulation and control of design,
construction, quality, and materials, use, and occupancy, location and maintenance of all
buildings, structures, and certain equipment regulated by this Chapter within the City of Azusa.
In the event there is any inconsistency between the provisions of the codes and modifications
adopted by this Chapter, and other provisions of the Azusa Municipal Code, then the more
restrictive provision with respect to building regulations shall apply."
SECTION 3. Section 14-51 of the Azusa Municipal Code is hereby amended to read
as follows:
"See. 14-51. Building Code — Generally.
The California Building Code, 2013 Edition, as adopted by Section 14-1, is amended,
added to or modified as set out in this division. If there is any inconsistency between the
provisions of the California Building Code, as adopted, and the modifications adopted by this
division and other provisions of this Code, the more restrictive provision with respect to building
regulations shall apply."
SECTION 4. Section 14-53 of the Azusa Municipal Code is hereby amended in its
entirety to read as follows:
"Sec. 14-53. Roof Covering Classifications.
Table 1505.1 of the 2013 California Building Code is hereby amended, in its entirety, to read as
follows:
TABLE 1505.1
MINIMUM ROOF COVERING CLASSIFICATIONS
FOR TYPES OF CONSTRUCTIONS
SECTION 5. Section 14-55 of the Azusa Municipal Code is hereby amended in its
entirety to read as follows:
"Sec. 14-55. Roof Coverings in All Other Areas.
Section 1505.1.3 of the 2013 California Building Code is hereby amended to read as follows:
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1.505.1.3 Roof coverings within all other areas. The entire roof covering of every existing
structure where more than 20 percent of the total roof area is replaced within any one year
period, the entire roof covering of every new structure, and any roof covering applied in the
alteration, repair, or replacement of the roof of every existing structure, shall be a fire -retardant
roof covering that is a least class B.
Exception: Class C roof coverings may be installed on patios with less than 300 square feet in
roof area."
SECTION 6. Section 14-57 of the Azusa Municipal Code is hereby amended in its
entirety to read as follows:
"See. 14-57. Flashings.
Section 1507.2.9 of the 2013 California Building Code is hereby amended by adding Section
1507.2.9.4 to read as follows:
1507.2.9.4 Flashing Protection. Any attic vents, ventilators, ventilation turbines, or dormer
vents shall be painted the same color as the roof covering it is penetrating or surrounding unless
deemed not necessary by the Building Official."
SECTION 7. Section 14-62 of the Azusa Municipal Code is hereby amended in its
entirety to read as follows:
"Sec. 14-62. Pool Barriers — Private Swimming Pools.
Sections 3109.4.4.1 and 3109.4.4.2 of the 2013 California Building Code are amended to read as
follows:
Section 3109.4.4.1 is amended by adding the following definition:
PRIVATE POOL means any constructed pool, permanent or portable, which is intended for non-
commercial use as a swimming pool by not more than three owner families and their guests.
Section 3109.4.4.2 is amended by deleting the first paragraph in its entirety and
substituting a new paragraph to read as follows:
3109.4.4.2 Construction permit; safety features required. Commencing, January 1, 1998
except as provided in Section 3109.4.4.5, whenever a construction permit is issued for
construction of a new private pool at a residence, it shall have an enclosure complying with
Section 3109.4.4.3, and it shall be equipped with at least one of the following safety features:"
SECTION 8. Section 14-69 of the Azusa Municipal Code is hereby added to read as
follows:
"See. 14-69. Roof Coverings in All Other Areas.
Section R902.1.3 of the 2013 California Residential Code is hereby amended to read as follows:
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13902.1.3 Roof coverings within all other areas. The entire roof covering of every existing
structure where more than 20 percent of the total roof area is replaced within any one year
period, the entire roof covering of every new structure, and any roof covering applied in the
alteration, repair, or replacement of the roof of every existing structure, shall be a fire -retardant
roof covering that is a least class B.
Exception: Class C roof coverings may be installed on patios with less than 300 square feet in
roof area."
SECTION 9. Section 14-466, 14-467 and 14-473 of the Azusa Municipal Code are
hereby amended to read as follows:
"Sec. 14-466. Required Pool Enclosure;
Every person who shall own or be in possession of any premises on which there is
situated a swimming pool, fish pond or other outside body of water created by artificial means,
designed or used for swimming or other immersion purposes by men, women, or children, any
portion of which is two feet deep or more and the surface area of the water which does not
exceed 10,000 square feet shall erect and maintain on such lot or premises and shall completely
surround such body of water, lot or premises an enclosure consisting of a fence, wall or other
structure, which fence, wall or other structure complies with this article and Section 3109 of the
2013 California Building Code."
"Sec 14-467. Enclosure: required characteristics.
The fence, wall or other structure required by this division shall be not less than five feet
high, measured from the existing surface to the top of the fence or wall on the side of the fence
or wall opposite the side towards the pool, with no opening, except doors or gates, that will allow
the passage of a 4 inch diameter sphere."
See 14-473. Gates and Doors.
(a) All gates or doors opening through the fence or structure protecting a swimming
pool as required by this division shall be equipped with self-closing and self -latching devices,
not less than sixty inches above grade for gates, and not less than 54 inches above grade for
doors, capable of keeping such gate or door securely closed at all times when not in actual use.
(b) All doors or gates shall be of such size as to completely fill any opening in the
fence or wall. The owner or person in possession of the premises on which such swimming pool
exists shall keep such doors and gates closed and securely latched at all times when such
swimming pool is not in use.
SECTION 10. Prior Ordinances Repealed. Upon the effective date of this Ordinance, all
former ordinances or parts thereof conflicting or inconsistent with the provisions of this
Ordinance or the codes herein adopted by reference including, but not limited to, Ordinance No.
13-03 and any other ordinance in conflict herewith are hereby repealed and declared to be of no
further force and effect.
SECTION 11. CEQA. The City Council hereby finds and determines that it can be seen
with certainty that there is no possibility that this ordinance may have a significant adverse effect
on the environment. This ordinance would set forth new construction code requirements, which
are required to be implemented by state law, and any specific development projects that would
be subject to the requirements of these new regulations, would require separate environmental
review. Thus, the adoption of this ordinance is exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b) (3) of the CEQA Guidelines.
Staff is directed to file a Notice of Exemption with the Los Angeles County Clerk's office within
five (5) working days of project approval.
SECTION 12. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to
be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that
any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared
unconstitutional, invalid or ineffective.
SECTION 13. Certification/Summary. The City Clerk shall certify the passage of this
ordinance and shall, within fifteen (15) days after the passage and adoption thereof, cause the
same to be published as required by law, in a local weekly newspaper of general circulation and
which is hereby designated for that purpose. Alternatively, the City Clerk may cause a summary
of this Ordinance to be prepared and published as provided by California Government Code §
36933 (c) (1). The summary shall be published in a local weekly newspaper of general
circulation 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 City Council meeting at which this Ordinance is
to be adopted. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall
cause a summary to be published in a local weekly newspaper of general circulation with the
names of those City Council members voting for and against this Ordinance and shall post in the
Office of the City Clerk a certified copy of the full text of this Ordinance along with the names
of those City Council members voting for and against this Ordinance.
SECTION 14. Effective Date. This Ordinance shall be in full force and effect thirty
(30) days after its passage or on January 1, 2014, whichever is later.
PASSED, APPROVED and ADOPTED this 18`h day of November, 2013.
ATTEST:
J re aNe Cornejo, Jr. ity rk
FA
Joseph Romero Rocha, Mayor
STATE OF CALIFORNIA )
COUNTY 01, LOS ANGELES ) ss.
CITY OF AZUSA
I HEREBY CERTIFY that the foregoing Ordinance No. 13-03, was duly introduced and
placed upon its first reading at a regular meeting of the Azusa City Council on the 2151 of
October, 2013 and that thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the Azusa City Council on the 18'h day of November, 2013 by the following vote to
wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MACIAS
Approved as to Form:
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=:i--
MaA A. Martine
Best Best & Krieg6r LLP
City Attorney
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