HomeMy WebLinkAboutOrdinance No. 2019-03ORDINANCE NO. 2019-03
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 2019 EDITION OF THE CALIFORNIA
BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS,
TITLE 24), INCLUDING THE CALIFORNIA BUILDING CODE VOLUMES
1 & 2 (2019 EDITION, INCORPORATING AND AMENDING THE 2018
INTERNATIONAL BUILDING CODE); THE CALIFORNIA RESIDENTIAL
CODE INCLUDING CHAPTER 1 (2019 EDITION, INCORPORATING AND
AMENDING THE 2018 INTERNATIONAL RESIDENTIAL CODE); THE
CALIFORNIA GREEN BUILDING STANDARDS CODE (2019 EDITION);
THE CALIFORNIA MECHANICAL CODE INCLUDING CHAPTER 1(2019
EDITION, INCORPORATING AND AMENDING THE 2018 UNIFORM
MECHANICAL CODE); THE CALIFORNIA PLUMBING CODE
INCLUDING CHAPTER 1 (2019 EDITION, INCORPORATING AND
AMENDING THE 2018 UNIFORM PLUMBING CODE); THE CALIFORNIA
ELECTRICAL CODE INCLUDING ARTICLE 89 (2019 EDITION,
INCORPORATING AND AMENDING THE 2017 NATIONAL ELECTRICAL
CODE); THE CALIFORNIA EXISTING BUILDING CODE (2019 EDITION),
TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS
AND CHANGES THERETO; AND ADOPTING BY REFERENCE THE 2018
INTERNATIONAL SWIMMING POOL SPA AND HOT TUB CODE.
WHEREAS, Government Code Section 50022.1, 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 2018 International Building Code ("IBC"), 2018 International
Residential Code ("IRC"), 2018 Uniform Mechanical Code ("UMC"), 2018 Uniform Plumbing Code
("UPC"), 2017 National Electrical Code ("NEC"), 2018 International Existing Building Code
("IEBC"), and other model codes, including, without limitation, the 2018 International Swimming
Pool, Spa and Hot Tub Code ("ISPHTC").
WHEREAS, the City previously adopted by reference various model codes, including the
2015 International Building Code, 2015 International Residential Code, 2015 Uniform Mechanical
Code, 2015 Uniform Plumbing Code, 2014 National Electrical Code, 1997 Uniform Housing and
2015, 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, 2020 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, 1,500 homes in the
Southern California wildfires of 2007, 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 2019
California Building Code and Section R902.1.3 of the 2019 California Residential Code will provide
a higher level of fire protection to roofs than required by the 2019 California Building Standards
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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 202 of the 2018 International Swimming Pool and Spa Code
and AV 100.1 of the 2019 California Residential 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, 2019 Edition, Volumes 1 and 2 (California Code of
Regulations, Title 24, Part 2) including Chapter 1; incorporating and amending the 2018
International Building Code as published by the International Code Council;
2. The California Residential Code, 2019 Edition (California Code of Regulations, Title 24,
Part 2.5) including Chapter 1; incorporating and amending the 2018 International Residential Code
published by the International Code Council;
3. The California Electrical Code, 2019 Edition (California Code of Regulations, Title 24,
Part 3) including article 89; incorporating and amending the 2017 National Electrical Code published
by the National Fire Protection Association;
4. The California Mechanical Code, 2019 Edition (California Code of Regulations, Title 24,
Part 4) including Chapter 1; incorporating and amending the 2018 Uniform Mechanical Code
published by the International Association of Plumbing and Mechanical Officials;
5. The California Plumbing Code, 2019 6dition (California Code of Regulations, Title 24,
Part 5) including Chapter 1; incorporating and amending the 2018 Uniform Plumbing Code
published by the International Association of Plumbing and Mechanical Officials;
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6. The California Existing Building Code, 2019 Edition (California Code of Regulations,
Title 24, Part 10); based on the 2018 International Existing Building Code published by the
International Code Council;
7. The California Green Building Standards Code, 2019 Edition (California Code of
Regulations, Title 24, Part 11); published by the California Building Standards Commission;
8. The International Swimming Pool, Spa and Hot Tub Code, 2018 Edition; published by
the International Code Council (ICC).
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, 2019 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 2019 California Building Code is hereby amended, in its entirety, to read as
follows:
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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 2019 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 2019 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 1507.2.8 of the 2019 California Building Code is hereby amended by adding Section
1507.2.8.4 to read as follows:
1507.2.8.4 Flashing Protection. All 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 202 of the 2018 International Swimming Pool and Spa Code and AV 100.1 of the 2019
California Residential Code, are amended to read as follows:
Section 202 and AV 100.1 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 repealed in its entirety.
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 11. 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 2019 California Building Code, AV 100
of the California Residential code, and Section 305 of the 2018 International Swimming Pool and
Spa Code."
SECTION 12. 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 13. 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 Id. 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 15. 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 byCalifornia 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.
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SECTION 16. Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage or on January 1, 2020, whichever is later.
PASSED, APPROVED and ADOPTED this 4`h day of November, 2019.
Josek R. itocha
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 2019-03, was duly introduced and
placed upon first reading at a regular meeting of the Azusa City Council on the 7"' day of October,
2019 and that thereafter, said Ordinance No. 2019-03 was duly adopted and passed at a regular
meeting of the Azusa City Council on the 4t' day of November, 2019 by the following vote wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
�z.
Jfr a Cornejo, Jr.
City Clerk
APPROVED AS TO FORM:
-- d
Best, B t & Krieger, LP
City Att mey