HomeMy WebLinkAboutOrdinance No. 2022-05ORDINANCE NO. 2022-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
AMENDING CHAPTER 14 OF THE AZUSA MUNICIPAL CODE, BY AMENDING
SECTIONS, 14-1, 14-2, 14-4, 14-6 OF ARTICLE I, ARTICLE II, VI, XV ; AND
ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA
BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS,
TITLE 24), INCLUDING THE CALIFORNIA
CALIFORNIA RESIDENTIAL CODE; THE CALIFORNIA MECHANICAL CODE;
THE CALIFORNIA PLUMBING CODE; THE CALIFORNIA ELECTRICAL
CODE; TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS
AND CHANGES THERETO
BUILDING CODE; THE
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; and
WHEREAS, the City previously adopted by reference various model codes, subject to
particular additions, amendments and deletions set forth in the Ordinances adopting such codes, and
codified in Azusa Municipal Code Chapter 14, Article I, II, III, IV,V, VI, XV ; and
WHEREAS, the California Building Standards Commission ("Commission") published
California Building Standards Code on July 1, 2022 and established January 1, 2023 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.
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 Article I of the Chapter 14 is repealed in its entirety and
replaced with a new section 14-1 to read as follows:
Sec 14-1 California 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):
2022 California Building Code, Title 24 Part 2 of California Code of Regulations,
Chapter 1, Division II through Chapter 35 and Appendices C, F, H, I, J and O;
2022 California Residential Code, Title 24 Part 2.5 of California Code of
Regulations, Chapter 1, Division 11 through Chapter 10, Chapter 44 and Appendix AH, AJ , AQ, and AS;
2022 California Electrical Code, Title 24 Part 3 of California Code of Regulations,
Article 89, Article 90, Chapters 1 through 9, and Annexes A, B, C, D, E, F,G,, I and J;
2022 California Mechanical Code, Title 24 Part 4 of California Code of Regulations,
Chapter 1, Division II through Chapter 17 and Appendices B, C and D;
2022 California Plumbing Code, Title 24 Part 5 of California Code of Regulations,
Chapter 1, Division II through Chapter 17 and Appendices A, B,D,H,I and J;
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
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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 14-2 of Article I of the Chapter 14 is repealed in its entirety and
replaced with a new section 14-2 to read as follows:
Sec. 14-2. - Fees and Refunds
Flan Review, Permit and Inspection Fees. The city council shall, by resolution, establish the
fees and charges to be paid for permits, services and inspections required by the provisions of the
codes adopted in this chapter. The resolution shall be described as the "fee schedule resolution."
The fees and charges described in the text and tables of the uniform codes adopted in this chapter
shall be subject to revisions or modifications by the fee schedule resolution, and the fee schedule
resolution shall supersede any conHicting provisions within such codes pertaining to the amount of
fees or charges
Additional plan review fees. Where plans are incomplete or changed so as to require additional
plan checking, an additional plan checking fee must be paid to the Building Official based upon the
value of construction of the proposed change or redesign. In establishing said fee, no allowance for
a decreased valuation is permitted due to the replacement, omission or lessening of any member or
portion of the building shown in the original plans. The building olficial may require additional
charges for services beyond the first and second check due to changes, omissions or errors the part
of the applicant.
Reinspcctions. An inspection fee may be assessed for reinspection, as detennined by the Building
Official, for any of the following reasons:
1. The portion of work for which inspection is requested is not complete;
2. Corrections given are not completed;
3. There is inadequate work site access preventing inspection;
4. The inspection record card is not posted or otherwise available on the work site:
5. The approved plans are not available for the inspector;
6. Work has deviated from the approved plans and has not been approved by the Building
Official,
'fhis Section is not to be interpreted as requiring additional inspection fees the first time a job is
rejected for failure to comply with the requirements of this Code.
To obtain re-inspection, the applicant shall pay the re-inspection fee in advance, as determined per
the fee resolution,
d) Work without Permit, investigation fee. Whenever any work for which a permit is required by this
chapter has been commenced without fi rst obtaining a permit, a special investigation shall be made
before a permit may be issued for such work. A special investigation fee shall be collected prior to
a)
b)
c)
the issuance of a permit. The investigation fee shall be equal to the amount of the permit fee that
would be required by this chapter if a permit were to be issued and shall be in addition to the permit
fee if a permit is required. The payment of such investigation fee shall not exempt any person from
compliance with all other provisions of this chapter nor from any penalty prescribed by law.
c) Refunds. Plan check and permit refunds shall be subject to following
Permit Refunds. In the event that any person shall have obtained a permit and no portion of the
work or construction covered by such permit shall have been commenced, and such permit shall have
been cancelled, the permittee may submit a written request to the building offieial requesting a refund
of permit fees, provided the request has been submitted within one year from the date of cancellation
expiration of the permit. The building official may authorize the refunding of not more than 80
percent of the permit fee paid
Plan Check Refunds. No portion of the plan checking fee shall be refunded, unless no review has
been performed, in which case 80 percent of the plan checking fee may be refunded upon the request
of applicant to withdraw or cancel the application
or
SECTION 4. Section 14-4 of Article I of the Chapter 14 is repealed in its entirety and
replaced with a new section 14-4 to read as follows;
Sec. 14-4. - Expiration of Applications
Expiration of Plan Check Applications. Plan check applications for which no permit is issued
within one year following the date of application shall expire by limitation and become null and
void. Plans and calculations previously submitted may thereafter be returned to the applicant or
destroyed by the building official.
When requested in writing by the applicant, the Building Official within their discretion may grant
up to two extensions not exceeding 180 days per extension, beyond the initial one-year limit
provided;
1. The duration of time from the date of expiration has not exceeded 180 days
2. Circumstances beyond the control of the applicant have prevented action from being taken;
3. An extension fee is paid as determined by the Building Official, not to exceed 25 percent of
the plan check fee.
Once an application and any extension thereof has expired, the applicant shall resubmit plans and
calculations and pay a new application fee.
Permit Expiration. Every permit issued by the building official under the provisions of this Code
shall expire automatically by limitation and become null and void one year after the date of the last
required building inspection approved by the building official or if work authorized by such permit
is not commenced within one year from the issuance date of such permit.
b)
For the purposes of this paragraph, “required building inspection” shall mean those inspections listed
specifically identified on the Job Reeord issued with the building permit or identified by the building
official. No partial inspection shall meet the definition of “required building inspeetion.”
Supplementary pennits for electrical, mechanical, plumbing, shall not expire so long as the associated
building permit remains active. No electrieal, mechanical, or plumbing inspection shall satisfy the
requirement to have a required building inspection as defined in this Section.
When requested in writing by the applicant, the Building Offieial within their discretion may grant one
or more extensions not exceeding 180 days per extension, provided;
The duration of time from the date of expiration has not exceeded 180 days
Circumstances beyond the control of the applicant have prevented action from being taken;
No changes have been made or will be made in the original plans and calculations for such work
An extension fee is paid as determined by the Building Official, not to exceed 25 percent of the
permit fee.
Where a permit has expired and does not meet the preceding criteria , a permit may be issued for
the remaining work based on the remaining work valuation subject to compliance with current
regulations and payment of plan check and permit fees.
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3.
4.
SECTION 5. Section 14-6 of Article T of the Chanter 14 is repealed in its entirety and
replaced with a new section 14-6 to read as follows:
Sec. 14-6. Prime coat, finish paint or stain
(a) All structures, buildings and architectural appendages requiring a permit from the city
with wood or metal exposed to the elements (rain, wind, sun, etc.) shall be prime coated
and finish painted or stained (or any similar finish approved by the building official or
the planning division) to match the structure or building it is connected with or adjacent
to, provided they are on the same lot or associated with one another,
(b) If the construction requiring a permit exceeds 49.9 percent ol the connected structure,
the entire structure shall be prime coated, and finish painted or stained to the satisfaction
of the building official or planning division,
(c) 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,
(d) All vents, vent connectors, ducts, ventilating hoods, vent caps, roof jacks, conduits,
ventilating exhaust systems or similar items projecting through the roof that are exposed
visible from any public or private property shall be painted the same color as the
finish material which it is penetrating or surrounding, unless deemed not necessary by
the building official.
or are
SECTION 6. Article II of the Chapter is repealed in its entirety and replaced with a new
Article II to read as follows:
ARTICLE II. - BUILDING CODES
DIVISION 1. GENERALLY
Sec. 14.51 The California 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
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.
DIVISION 2. BUILDING CODE AMENDMENTS AND MODIFICATIONS
Sec. 14.52 California Building Code Chapter I Division II amended
a) Section 105.3.2 and 105.5 are deleted in their entirety
b) Section 1II is amended in its entiretj' to read
111.1 Use and occupancy. No building, structure or premises, or portion thereof, shall
be used or occupied, and no change in the existing occupancy classification of a building,
structure or premises, or portion thereof, shall be made until the building olfieial has
approved the building, structure or premises or portion thereof for such use or oceupancy
and until all permits have been approved or a temporary certificate of occupancy has been
issued.
Upon final of a building permit and at the request of the applicant, a certificate of
occupancy may be issued by the building official for any structure which is ready to
occupy.
Approval of a building, structure or premises, or portion thereof, for use or occupaney
(including, but not limited to, final inspection approval and/or issuance of a certificate of
occupancy or issuance of a temporary certificate of occupancy) shall not be construed as
approval of a violation of the provisions of this Code, relevant laws, ordinances, rules
and/or regulations. Approvals presuming to give authority to violate or cancel the
provisions of this Code, relevant laws, ordinances, rules and/or regulations are not valid.
The building official may, in writing, suspend or revoke any such approvals or
certificates whenever the building official determines that the approval or certificate was
issued in error, or on the basis of incorrect information supplied, or when it is determined
that the building, structure or premises, or portion thereof, is in violation of any provision
of this Code, relevant laws, ordinances, rules and/or regulations.
111.2 Change in Use. Changes in the character or use of a building shall not be made
except as specified in Existing Building Code.
111.3 Issuance of a Certificate of Occupancy. When the building, structure or
premises, or portion thereof, has passed final inspection, and when the building, structure
premises complies with this Code, relevant laws, ordinances, rules and regulations,
and the required fees have been paid, the building official, upon request of the applicant,
may issue a certificate of occupancy which shall contain the following:
1. The building permit number.
2. The address of the building or structure.
3. A description of that portion of the building for which the certificate is issued.
4. A statement that the described portion of the building was inspected and found to
comply with the requirements of this Code, relevant laws, ordinances, rules and
regulations for the group and division of occupancy and the use for which the proposed
occupancy is classified.
5. The date the permit was approved.
6. Any other information deemed necessary by the building official.
111.4 Temporary occupancy. The building official is authorized to issue a temporary
certificate of occupancy before the completion of the entire work covered by the permit,
provided that such portion or portions shall be occupied safely. The building olficial
shall set a time period during which the temporary certificate of occupancy is valid.
111.5 Revocation, The building official is authorized to suspend or revoke a certificate
of occupancy or completion issued under the provisions of this code, in writing,
wherever the certificate is issued in error, or on the basis of incorrect information
supplied, or where it is determined that the building or structure or portion thereof is in
violation of the provisions of this code or other ordinance of the jurisdiction.
See. 14-53. Roof Covering Classifications.
Table 1505.1 of the California Building Code is hereby amended, in its entirety, to read as follows:
or
TABLE 1505.1
MINIMUM ROOF COVERING CLASSIFICATIONS
FOR TYPES OF CONSTRUCTIONS
VBVAIVIIIBIIIAIIBIIAIBlA
BBBBBBBBB
Sec. 14-55. Roof Coverings in All Other Areas.
Section 1505.1.3 of the 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
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 root of
existing structure, shall be a fire-retardant roof covering that is a least class B.
more
every
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SECTION 7. Article VI, VI.5 and VI.6 of the Chapter 14 is repealed in its entirety and
replaced with a new Article VI to read as follows:
ARTICLE Vl-RESDENTIAL BUILDING CODE
DIVISION 1. GENEILVLLY
Sec.l 4-201 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 shall apply.
DIVISION 2. - ADMENDMENTS AND MODIFICATIONS
See. 14-202. Roof Coverings in All Other Areas.
Section R902.1.3 of the 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.
See. 14-203 1- Wood Frame Structures
Section R301.1.1.3.2 is amended in its entirety to read:
R301.1.1.3.2 Wood Frame Structures. The Building Official shall require construction documents to be
approved and stamped by a California licensed architect or
construction more than two stories and basement in height located in Seismic Design Category A, B, or C.
Notwithstanding other sections of law, the law establishing these provisions is found in Business and
Professions Code Sections 5537 and 6737.1.
The Building Official shall require construction documents to be approved and stamped by a California
licensed architect or engineer for all dwellings of wood frame construction more than one story in height or
with a basement located in Seismic Design Category DO, D1, or D2 or E.
engineer for all dwellings of wood frame
SECTION 8. Article XV of the Chapter 14 is repealed in its entirety and replaced with a
new Article XV to read as follows:
ARTICLE XV. - SWIMMING POOLS
DIVISION 1. GENERALLY
Scc.I4-446 Generally
2018 International Swimming Pool and Spa Code is hereby adopted by reference and made
part of this Chapter, subject to those certain amendments set forth in this Chapter
The Uniform Swimming Pool and Hot lub Code, as adopted in 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
Uniform Housing Code, as adopted, and the modifications adopted by this division and other provisions of
this Code, the more restrictive provision with respect to sign regulations shall apply.
DIVISION 2. INTERNATIONAL SWIMMING POOL AND SPA CODE
AMENDMENTS AND MODIFICATIONS
Sec.14-447 Amendments
Chapters 1 and 2 of the International Swimming Pool and Spa Code, adopted by reference
the Swimming Pool and Spa Code of the City of Azusa, are hereby amended, deleted or added as follows:
Chapter 1 is deleted in its entirety
Chapter 2 the following definitions added to read:
In addition to the definitions specified in Chapter 2 Section 202 of this Code, the following
certain terms, phrases, words and their derivatives shall be construed as specified in this section.
Where the term International Building Code is used it shall be replaced with the term
California Building Code as adopted by reference and amended by City of Azusa.
Where the term International Residential Code is used it shall be replaced with the
term California Residential Code as adopted by relbrence and amended by City of
Azusa.
Where the term International Plumbing Code is used it shall be replaced with the
term California Plumbing Code as adopted by reference and amended by City of
Azusa.
Where the term International Energy Conservation Code is used it shall be replaced
with the term California Energy Code.
Where the term International Fire Code is used it shall be replaced with the term
California Fire Code.
Where the term International Fuel Gas Code is used it shall be replaced with the term
California Plumbing Code as adopted by reference and amended by City of Azusa.
as
a.
b.
1.
2.
3.
4.
5.
6.
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Where the term International Mechanical Code is used it shall be replaced with the
term California Mechanical Code as adopted by reference and amended by City of
Azusa.
Where the term NFPA 70 is used it shall be replaced with the term California
Electrical Code as adopted by reference and amended by City of Azusa.
7.
SECTION 8. 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. 2019-03 and any other
ordinance in conflict herewith are hereby repealed and declared to be of no further force and effect.
SECTION 9. 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
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
to
SECTION 10. 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 ot 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 n. 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\he 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 ffteen (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 12. Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage or on January 1, 2023, whichever is later.
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PASSED, APPROVED AND ADOPTED this day of December, 2022.
C
k/
Robert GonzaL
Mayor
Attest:
rence
City Clerk
COUNTY OF LOS ANGELES
CITY OF AZUSA
I, Jeffrey Lawrence Cornejo, Jr., City Clerk ot the City ot Azusa hereby certify that the foregoing
Ordinance No. 2022-05, 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 7"’ day of November 2022, and that thereafter, said
ordinance was duly adopted and passed at a regular meeting on the 5*'^ day ol Decembei, 2022, by the
following vote of the Council:
) ss.
)
COUNCILMEMBERS: GONZALES, MENDEZ, ALVAREZ, AVILA, BECKWITH
COUNCILMEMBERS; NONE
COUNCILMEMBERS: NONE
AYES:
NOES:
ABSENT:
City Clerk
Approved as to Form:
MarcolA. Martinez
Best Best & KriegerLLP
City Attorney
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