HomeMy WebLinkAboutD-2 2016 CA Building Standards Code OrdinanceSCHEDULED ITEM
D-2
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: KURT CHRISTIANSEN, FAICP, DIRE CTOR OF ECONOMIC AND
COMMUNITY DEVE LOPMENT
DATE: OCTOBER 17, 2016
SUBJECT: INTRODUCE ORDINANCE NO. 2016-O8 AMENDING CHAPTER 14 AZUSA
MUNICIPAL CODE ADOPTING THE 2016 CALIFORNIA BUILDING
STANDARDS CODES AND SETTING A PUBLIC HEARING DATE
SUMMARY:
California Health and Safety Code mandates that the California Building Standards
Commission (CBSC) adopt and publish the California Building Standards Code (California Code
of Regulation, Title 24) on a triennially basis. January 1, 2017 is the statewide effective date,
established by the CBSC, for the 2016 California Building Standards Code. All applications for a
building permit that occur on or after January 1, 2017 are subject to compliance with the 2016
Code. The proposed actions introduces for first reading an ordinance amending Chapter 14 of the
Azusa Municipal Code adopting the 2016 California Building Standards Code and setting a public
hearing for November 21, 2016 to receive public comments prior to adoption of the Ordinance.
RECOMMENDATION:
Staff recommends that the City Council take the following actions:
1) Introduce for first reading, by title only, Ordinance No. 2016-O8, amending Chapter 14 of
the Azusa Municipal Code and adopt the 2016 California Building Standards Code; and
2) Set a Public Hearing for November 21, 2016 to receive public comments on the proposed
Ordinance.
DISCUSSION:
The California Building Standards Code is the established minimum standard for the design and
construction of buildings and structures in California. State law mandates that local government
enforce Title 24 standards. The 2016 edition of the California Code of Regulation, Title 24
incorporates the 2015 edition of the International Building Code, 2015 International
Residential Code, 2015 International Existing Building Code, 2016 California Green Building
APPROVED
COUNCIL MEETING
10/17/2016
Introduced Ordinance
Introduction of Ordinance Adopting 2016 California Building Standards Codes
October 17, 2016
Page 2
Standards Code, 2014 National Electrical Code, 2015 Uniform Mechanical Code, and the 2015
Uniform Plumbing Code.
The 2016 California Building Standards Code has undergone only minor changes from the 2013
edition, mostly reorganization and formatting. Some notable changes include:
• Chapter 34 which regulated existing buildings has been deleted from the 2016 California
Building Code. Existing buildings will now be regulated by the 2016 California Existing
Building Code (CEBC) which is based on the 2015 International Existing Building Code.
• Replacement of required emergency egress windows in existing R-2 and R-3 residential
occupancies, are now permitted to be sized to fit into the existing frame or rough opening.
Previous code editions required replacement windows to comply with the provisions for new
construction.
• A Certificate of Occupancy is now required when there is a change in a buildings use, or a
portion of a building’s use, even when there is no change in the occupancy classification.
Previous editions of the code only required a new Certificate of Occupancy when there was an
occupancy classification change.
• Fire sprinkler substitution for one-hour construction in type V -B (wood framed fire resistive
construction) buildings has been eliminated.
California Health and Safety Code require cities to adopt building standards that are consistent with
those contained in the California Building Standards Code. State law also allows a local
jurisdiction to amend, add or repeal sections of the California Building Standards Code
providing there are express findings that show each such modifications is “reasonably
necessary because of local climatic, geological or topographical conditions.” The attached
ordinance fulfills the City of Azusa Requirements for meeting these provisions as set forth by the
State of California.
In summary the attached ordinance will revise Chapter 14 of the Azusa Municipal Code as follows:
1. Replace the 2013 Editions of the California Building Code, with the 2016 California
Building Code.
2. Replace the 2013 Edition of the California Residential Building Code with the 2016
California Residential Code.
3. Replace the 2013 Edition of the California Green Building Standards Code with the 2016
California Green Building Standards Code.
4. Replace the 2013 California Plumbing Code with the 2016 California Plumbing Code.
5. Replace the 2013 California Mechanical Code with the 2016 California Mechanical Code.
6. Replace the 2013 California Electrical Code with the 2016 California Electrical Code.
7. Replace the 2012 Uniform Swimming Pool & Hot Tub Code with the 2015 Uniform
Swimming Pool and Hot Tub Code.
8. Replace the 2013 California Existing Building Code with the 2016 California Existing
Building Code.
9. Amends Article VI.5 and Sections 14-1, 14-51, 14-53, 14-55, 14-57, 14-62, 14-69, 14-
201,and 14-466 as needed to properly reference the 2016 California Building Codes.
10. Deletes obsolete and redundant Sections 14-202, 14-203, and 14-69.
Introduction of Ordinance Adopting 2016 California Building Standards Codes
October 17, 2016
Page 3
11. Adopts appendix G and J of the 2013 California Building Code which regulates Grading and
the construction of patio covers.
ENVIRONMENTAL REVIEW:
The code amendment is exempt from review under the California Environmental Quality Act
(“CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Article 3, because it has no potential for resulting in physical change to the environment,
directly or indirectly
FISCAL IMPACT:
There is no fiscal impact associated with the recommended actions. Prepared by:
Reviewed and Approved:
Robert Keyes Kurt Christensen, FAICP
Building Official Director of Community Development
Reviewed and Approved: Reviewed and Approved:
Louie F. Lacasella Troy L. Butzlaff, ICMA-CM
Management Analyst City Manager
ATTACHMENT:
1) Draft Ordinance No. 2016-O8.
ORDINANCE NO. 2016-O8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING
CHAPTER 14 OF THE AZUSA MUNICIPAL CODE, BY AMENDING ARTICLE VI.5
AND SECTIONS, 14-1, 14-51, 14-53, 14-55, 14-57, 14-62, 14-201; AND 14-466; AND
DELETING 14-202, 14-203 AND 14-69; AND ADOPTING BY REFERENCE THE 2016
EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA
CODE OF REGULATIONS, TITLE 24), INCLUDING THE CALIFORNIA
BUILDING CODE VOLUMES 1 & 2 INCLUDING APPENDICES I AND J (2016
EDITION, INCORPORATING AND AMENDING THE 2015 INTERNATIONAL
BUILDING CODE); THE CALIFORNIA RESIDENTIAL CODE INCLUDING
CHAPTER 1 (2016 EDITION, INCORPORATING AND AMENDING THE 2015
INTERNATIONAL RESIDENTIAL CODE); THE CALIFORNIA GREEN BUILDING
STANDARDS CODE (2016 EDITION); THE CALIFORNIA MECHANICAL CODE
INCLUDING CHAPTER 1 (2016 EDITION, INCORPORATING AND AMENDING
THE 2015 UNIFORM MECHANICAL CODE); THE CALIFORNIA PLUMBING
CODE INCLUDING CHAPTER 1 (2016 EDITION, INCORPORATING AND
AMENDING THE 2015 UNIFORM PLUMBING CODE); THE CALIFORNIA
ELECTRICAL CODE INCLUDING ARTICLE 89 (2016 EDITION,
INCORPORATING AND AMENDING THE 2014 NATIONAL ELECTRICAL CODE);
THE CALIFORNIA EXISTING BUILDING CODE (2016 EDITION), TOGETHER
WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES
THERETO; AND ADOPTING BY REFERENCE THE 2015 UNIFORM SWIMMING
POOL SPA AND HOT TUB CODE.
WHEREAS, Government Code Section 50022, et seq. 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 2015 International Building Code (“IBC”), 2015 International Residential Code (IRC), 2015 Uniform
Mechanical Code ("UMC"), 2015 Uniform Plumbing Code ("UPC"), 2014 National Electrical Code ("NEC"),
2015 International Existing Building Code (“IEBC”), and other model codes, including, without limitation,
the 2015 Uniform Swimming Pool, Spa and Hot Tub Code (USPHTC).
WHEREAS, the City previously adopted by reference various model codes, including the
2012 International Building Code, 2012 International Residential Code, 2012 Uniform Mechanical Code,
2012 Uniform Plumbing Code, 2011 National Electrical Code, 1997 Uniform Housing and 2012 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
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, 2017 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 1500 homes in the Southern California wildfires of 2007, 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,; 28 structures in the Colby fire in Azusa/Glendora;. 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 2016
California Building Code and Section R902.1.3 of the 2016 California Residential Code will provide a higher
level of fire protection to roofs than required by the 2016 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.
2. The amendments to Sections 3109.2 and 3109.4.4.2 of the 2016 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:
"Sec 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, 2016 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
2015 International Building Code as published by the International Code Council;
2. The California Residential Code, 2016 Edition (California Code of Regulations, Title
24, Part 2.5) including chapter 1; incorporating and amending the 2015 International Residential Code
published by the International Code Council;
3. The California Electrical Code, 2016 Edition (California Code of Regulations, Title 24,
Part 3) including article 89; incorporating and amending the 2014 National Electrical Code published by the
National Fire Protection Association;
4. The California Mechanical Code, 2016 Edition (California Code of Regulations, Title
24, Part 4) including chapter 1; incorporating and amending the 2015 Uniform Mechanical Code published by
the International Association of Plumbing and Mechanical Officials;
5. The California Plumbing Code, 2013 6dition (California Code of Regulations, Title 24,
Part 5) including chapter 1; incorporating and amending the 2015 Uniform Plumbing Code published by the
International Association of Plumbing and Mechanical Officials;
6. The California Existing Building Code, 2016 Edition (California Code of Regulations,
Title 24, Part 10); based on the 2015 International Existing Building Code published by the International Code
Council;
7. The California Green Building Standards Code, 2016 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, 2015 Edition; published by the
International Association of Plumbing and Mechanical 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:
"Sec. 14-51. Building Code – Generally.
The California Building Code, 2016 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 2016 California Building Code is hereby amended, in its entirety, to read as follows:
TABLE 1505.1
MINIMUM ROOF COVERING CLASSIFICATIONS
FOR TYPES OF CONSTRUCTIONS
IA IB IIA IIB IIIA IIIB IV VA VB
B B B B B B B B B
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 2016 California Building Code is hereby amended to read as follows:
1505.1.3 Roof coverings in 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.
Section R902.1.3 of the 2016 California Residential Code is hereby amended to read as follows:
R902.1.3 Roof coverings in 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 at least a 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 to read as
follows:
“Sec. 14-57. Flashings.
Section 1507.2.9 of the 2016 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 to read as
follows:
“Sec. 14-62. Pool Barriers – Private Swimming Pools.
Sections 3109.2 and Section 3109.4.4.2 of the 2016 California Building Code are amended to read as follows:
Section 3109.2 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 deleted.
SECTION 9. Section, 14-202, and 14-203 of the Azusa Municipal Code are hereby deleted.
SECTION 10. Article VI.5 and Section 14-201 of the Azusa Municipal Code are hereby
amended in their entirety to read as follows:
ARTICLE V1.5-RESDENTIAL BUILDING CODE
DIVISION 1. - GENERALLY
DIVISION 2.- ADMENDMENTS AND MODIFICATIONS
Sec. 14-201.-Generally
The California Residential Building Code 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
Residential Code, as adopted and the modifications as adopted by this division and other provisions of this
Code, the more restricted provisions with respect to building regulations s shall apply.
SECTION_10. Section 14-466, of the Azusa Municipal Code is 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 2016 California Building Code.”
SECTION 11. 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. ______ and any other
ordinance in conflict herewith are hereby repealed and declared to be of no further force and effect.
SECTION 12. 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 13. 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 14. 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 15. Effective Date. This Ordinance shall be in full force and effect thirty (30) days
after its passage or on January 1, 2017, whichever is later.
PASSED, APPROVED AND ADOPTED this ___ day of _______, 2016.
___________________________
Joseph R. Rocha
Mayor
Attest:
___________________________
Jeffrey Cornejo
City Clerk
Approved as to Form:
___________________________
Best Best & Krieger LLP
City Attorney
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Jeffrey Cornejo, City Clerk of the City of Azusa hereby certify that the foregoing Ordinance No. 2016-
O8, was duly introduced and placed upon its first reading at a regular meeting of the City Council of the
City of Azusa held on the ___ day of _____________ 2016, and that thereafter, said ordinance was duly
adopted and passed at a regular meeting on the ____day of ______, 2016, by the following vote of the
Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
___________________________
Jeffrey Cornejo
City Clerk
Approved as to Form:
___________________________
Best Best & Krieger LLP
City Attorney
ORDINANCE NO. 2016-O8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING
CHAPTER 14 OF THE AZUSA MUNICIPAL CODE, BY AMENDING ARTICLE VI.5
AND SECTIONS, 14-1, 14-51, 14-53, 14-55, 14-57, 14-62, 14-201; AND 14-466; AND
DELETING 14-202, 14-203 AND 14-69; AND ADOPTING BY REFERENCE THE 2016
EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA
CODE OF REGULATIONS, TITLE 24), INCLUDING THE CALIFORNIA
BUILDING CODE VOLUMES 1 & 2 INCLUDING APPENDICES I AND J (2016
EDITION, INCORPORATING AND AMENDING THE 2015 INTERNATIONAL
BUILDING CODE); THE CALIFORNIA RESIDENTIAL CODE INCLUDING
CHAPTER 1 (2016 EDITION, INCORPORATING AND AMENDING THE 2015
INTERNATIONAL RESIDENTIAL CODE); THE CALIFORNIA GREEN BUILDING
STANDARDS CODE (2016 EDITION); THE CALIFORNIA MECHANICAL CODE
INCLUDING CHAPTER 1 (2016 EDITION, INCORPORATING AND AMENDING
THE 2015 UNIFORM MECHANICAL CODE); THE CALIFORNIA PLUMBING
CODE INCLUDING CHAPTER 1 (2016 EDITION, INCORPORATING AND
AMENDING THE 2015 UNIFORM PLUMBING CODE); THE CALIFORNIA
ELECTRICAL CODE INCLUDING ARTICLE 89 (2016 EDITION,
INCORPORATING AND AMENDING THE 2014 NATIONAL ELECTRICAL CODE);
THE CALIFORNIA EXISTING BUILDING CODE (2016 EDITION), TOGETHER
WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES
THERETO; AND ADOPTING BY REFERENCE THE 2015 UNIFORM SWIMMING
POOL SPA AND HOT TUB CODE.
WHEREAS, Government Code Section 50022, et seq. 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 2015 International Building Code (“IBC”), 2015 International Residential Code (IRC), 2015 Uniform
Mechanical Code ("UMC"), 2015 Uniform Plumbing Code ("UPC"), 2014 National Electrical Code ("NEC"),
2015 International Existing Building Code (“IEBC”), and other model codes, including, without limitation,
the 2015 Uniform Swimming Pool, Spa and Hot Tub Code (USPHTC).
WHEREAS, the City previously adopted by reference various model codes, including the
2012 International Building Code, 2012 International Residential Code, 2012 Uniform Mechanical Code,
2012 Uniform Plumbing Code, 2011 National Electrical Code, 1997 Uniform Housing and 2012 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
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, 2017 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 1500 homes in the Southern California wildfires of 2007, 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,; 28 structures in the Colby fire in Azusa/Glendora;. 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 2016
California Building Code and Section R902.1.3 of the 2016 California Residential Code will provide a higher
level of fire protection to roofs than required by the 2016 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.
2. The amendments to Sections 3109.2 and 3109.4.4.2 of the 2016 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:
"Sec 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, 2016 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
2015 International Building Code as published by the International Code Council;
2. The California Residential Code, 2016 Edition (California Code of Regulations, Title
24, Part 2.5) including chapter 1; incorporating and amending the 2015 International Residential Code
published by the International Code Council;
3. The California Electrical Code, 2016 Edition (California Code of Regulations, Title 24,
Part 3) including article 89; incorporating and amending the 2014 National Electrical Code published by the
National Fire Protection Association;
4. The California Mechanical Code, 2016 Edition (California Code of Regulations, Title
24, Part 4) including chapter 1; incorporating and amending the 2015 Uniform Mechanical Code published by
the International Association of Plumbing and Mechanical Officials;
5. The California Plumbing Code, 2013 6dition (California Code of Regulations, Title 24,
Part 5) including chapter 1; incorporating and amending the 2015 Uniform Plumbing Code published by the
International Association of Plumbing and Mechanical Officials;
6. The California Existing Building Code, 2016 Edition (California Code of Regulations,
Title 24, Part 10); based on the 2015 International Existing Building Code published by the International Code
Council;
7. The California Green Building Standards Code, 2016 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, 2015 Edition; published by the
International Association of Plumbing and Mechanical 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:
"Sec. 14-51. Building Code – Generally.
The California Building Code, 2016 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 2016 California Building Code is hereby amended, in its entirety, to read as follows:
TABLE 1505.1
MINIMUM ROOF COVERING CLASSIFICATIONS
FOR TYPES OF CONSTRUCTIONS
IA IB IIA IIB IIIA IIIB IV VA VB
B B B B B B B B B
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 2016 California Building Code is hereby amended to read as follows:
1505.1.3 Roof coverings in 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.
Section R902.1.3 of the 2016 California Residential Code is hereby amended to read as follows:
R902.1.3 Roof coverings in 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 at least a 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 to read as
follows:
“Sec. 14-57. Flashings.
Section 1507.2.9 of the 2016 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 to read as
follows:
“Sec. 14-62. Pool Barriers – Private Swimming Pools.
Sections 3109.2 and Section 3109.4.4.2 of the 2016 California Building Code are amended to read as follows:
Section 3109.2 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 deleted.
SECTION 9. Section, 14-202, and 14-203 of the Azusa Municipal Code are hereby deleted.
SECTION 10. Article VI.5 and Section 14-201 of the Azusa Municipal Code are hereby
amended in their entirety to read as follows:
ARTICLE V1.5-RESDENTIAL BUILDING CODE
DIVISION 1. - GENERALLY
DIVISION 2.- ADMENDMENTS AND MODIFICATIONS
Sec. 14-201.-Generally
The California Residential Building Code 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
Residential Code, as adopted and the modifications as adopted by this division and other provisions of this
Code, the more restricted provisions with respect to building regulations s shall apply.
SECTION_10. Section 14-466, of the Azusa Municipal Code is 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 2016 California Building Code.”
SECTION 11. 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. ______ and any other
ordinance in conflict herewith are hereby repealed and declared to be of no further force and effect.
SECTION 12. 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 13. 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 14. 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 15. Effective Date. This Ordinance shall be in full force and effect thirty (30) days
after its passage or on January 1, 2017, whichever is later.
PASSED, APPROVED AND ADOPTED this ___ day of _______, 2016.
___________________________
Joseph R. Rocha
Mayor
Attest:
___________________________
Jeffrey Cornejo
City Clerk
Approved as to Form:
___________________________
Best Best & Krieger LLP
City Attorney
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Jeffrey Cornejo, City Clerk of the City of Azusa hereby certify that the foregoing Ordinance No. 2016-
O8, was duly introduced and placed upon its first reading at a regular meeting of the City Council of the
City of Azusa held on the ___ day of _____________ 2016, and that thereafter, said ordinance was duly
adopted and passed at a regular meeting on the ____day of ______, 2016, by the following vote of the
Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
___________________________
Jeffrey Cornejo
City Clerk
Approved as to Form:
___________________________
Best Best & Krieger LLP
City Attorney