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5547ORDINANCE NO. 5547 AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AMENDMENTS TO THE 1994 EDITIONS OF THE UNIFORM BUILDING CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE UNIFORM HOUSING CODE, THE UNIFORM PLUMBING CODE, THE UNIFORM SOLAR ENERGY CODE, THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, AND THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE; REPEALING EXISTING CHAPTER 15.32 AND ADDING NEW CHAPTER 15.32 TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE; AMENDING SECTION 6.56.010 OF CHAPTER 6.56 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO POOLS AND PONDS; AMENDING SUBSECTION 17.04.070 OF CHAPTER 17.04 OF TITLE 17 AND AMENDING CERTAIN PROVISIONS OF CHAPTER 17.28 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO GRADING AND FLOOD HAZARD REDUCTION (NEW AMENDMENTS). THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENTS TO UNIFORM CODES Chapter 15.02 of Title 15 of the Anaheim Municipal Code be, and the same is hereby amended by the addition of the following Sections thereto: 1115.02.080 EXPIRATION OF PERMITS ISSUED FOR ALL UNIFORM CODES Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit has not passed final inspection 365 days from the date of permit issuance. After the original permit has expired, work may not commence or continue until an investigative inspection or plan review is conducted to ascertain that no changes have or will be made in the original plans and specifications. Appropriate fees for an investigative inspection or plan review shall be charged. Once the investigation is complete, a renewed permit shall be obtained. In order to renew action on a permit after expiration, the permittee shall be required to pay one-half the amount required for a new permit for such work, provided that no changes have been made or will be made in the original plans and specifications. If new plans and specifications are to be used, the permittee shall pay a new full permit fee. A renewed permit shall be valid for 180 days. In order to renew a permit beyond the 180 day renewal period, the permittee shall pay a new full permit fee. A permittee holding an unexpired permit may apply for an extension of time within which work may be commenced or continued 1 A under the permit when the permittee is unable to obtain a final inspection within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 15.02.091 AMENDMENTS TO UNIFORM BUILDING CODE. The following sections, definitions and provisions of the Uniform Building Code, 1994 Edition, are amended as set forth in this section: .010 Section 106.4.4 relating to Permit Expiration is hereby deleted since it has been replaced by Section 15.02.080 hereinabove. .060 Subsection 904.1.1 of Section 904 is hereby amended to read as follows: 1904.1.1 General. Fire -extinguishing systems shall be installed in accordance with the National Fire Protection Association Standards, 1994 Editions, as published by the National Fire Protection Association, copyright 1994, Batterymarch Park, Quincy, Massachusetts 02269 as amended by this code. Fire hose threads used in connection with fire -extinguishing systems shall be national standard hose thread or as approved by the fire department. The location of fire department hose connections shall be approved by the fire department. In buildings used for high -piled storage, fire protection shall be in accordance with the Fire Code.' .070 Subsection 904.1.2 of Section 904.1 is hereby amended to read as follows: 1904.1.2 Standards. A. Subject to the Exceptions set forth below, fire sprinkler systems shall comply with the National Fire Protection Association Standards No. 13, 13-R, and 13-D except as such standards are amended below: 2 a 1. National Fire Protection Association Standard No. 13, 1994 Edition, Section 2-9.1 is here amended as follows: `Waterflow alarm apparatus shall be listed for the service and so constructed and installed that any flow of water from a sprinkler system equal to or greater than that from a single automatic sprinkler of the smallest orifice size installed on the system will result in an audible alarm on the premises within two minutes after such flow begins.' 2. National Fire Protection Association Standard No. 13, 1994 Edition, Section 4-4.1.4.2, Exception 3 amended as follows: `Exception No. 3: Where sprinklers are installed under composite wood joists less than 16 inches in depth, sprinkler deflectors shall be a minimum of 1 inch and a maximum of 6 inches below the bottom of the composite wood joist and the joist channels shall be fire -stopped the full depth of the joist with a material equivalent to the web construction so that individual channel areas do not exceed 300 square feet. Where the depth of the composite wood joist is 16 inches or greater, protection shall be provided by using one or more of the following methods: (a) Provide a sprinkler in each joist channel. The distance between sprinklers within the joist channel shall not exceed 15 feet. (b) Protect the composite wood joist with 5/8 - inch Type X gypsum wallboard attached directly to the bottom of the composite wood joist. Joist channels shall be fire -stopped the full depth of the joist with a material equivalent to the web construction so that the volume of individual channels do not exceed 160 cubic feet. (c) Completely fill the channel with noncombustible insulation. The insulation shall be secured to prevent the insulation from falling. Joist channels shall be fire -stopped the full depth of the moist with a material to the web construction so that the volume of individual channels does not exceed 160 cubic feet.' 3 [1 3. National Fire Protection Association Standard No. 13, 1994 Edition, Section 4-7.1.1.1 amended as follows: `Local water flow alarms shall be provided on each sprinkler system having more the 5 sprinklers and shall be located in an area approved by the Fire Chief.' 4. National Fire Protection Association Standard No. 13-D, 1994 Edition, Section 4-6, Exception No. 3 amended as follows: `Exception No. 3: sprinklers are not required in open attached porches, carports and similar structures.' B. All fire -sprinkler systems shall be designed to utilize not more than 90 percent of the available water supply as indicated by a submitted graph sheet as required by the Uniform Fire code. C. Automatic sprinkler systems in Group R Occupancies four stories or less may be in accordance with the National Fire Protection Association Standard No. 13-R, 1994 Edition. D. Automatic sprinkler systems in Group R Division 3 occupancies may be in accordance with the National Fire Protection Association Standard No. 13-D, 1994 Edition as amended by this code. E. EXCEPTIONS: 1. Automatic fire -extinguishing systems not covered by this code or the Building Code shall be approved and installed in accordance with approved standards. 2. Automatic sprinkler systems may be connected to the domestic water -supply main when approved by the City of Anaheim Water Department, provided the domestic water supply is of adequate pressure, capacity and sizing for the combined domestic and sprinkler requirements. In such case, the sprinkler system connection shall be made between the public water main or meter and the building shutoff valve, and there shall not be intervening valves or connections. The fire department connection may be omitted when approved by the fire department.' .080 Subsection 904.1.3 of Section 904.1 is hereby amended to read as follows: 1904.1.3 Modifications. When residential sprinkler systems as set forth in the National Fire Protection Association, 4 Y Standard No. 13-R, 1994 Edition are provided, exceptions to, or reductions in, Building Code requirements based on the installation of an automatic fire -extinguishing system are not allowed.' .100 Subsection 904.2.2 of Section 904.2 is hereby amended to read as follows: 1904.2.2 Group R occupancies. All newly constructed Group R Division 1 occupancies four stories or less may be equipped with a sprinkler system installed in accordance with the National Fire Protection Association Standard No. 13-R, 1994 Edition has been provided. All newly constructed Group R Division 3 occupancies may be equipped with a sprinkler system installed in accordance with the National Fire Protection Association Standard No. 13-D, 1994 Edition, as amended by this code.' .110 Section 904.3.1 Item 2 is hereby amended to read as follows: 1904.3.1 Where required. All valves controlling the water supply for automatic sprinkler systems and water -flow switches on all sprinkler systems shall be electrically monitored where the number of sprinklers are: 1. Twenty or more in Group I, Divisions 1.1 and 1.2 Occupancies. 2. One hundred or more in all occupancies not normally occupied twenty-four (24) hours a day or provided with twenty-four (24) hour guard service. valve monitoring and water -flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station as defined by U.F.C. Standard 10-2 or, when approved by the building official with the concurrence of the Fire Chief, shall sound an audible signal at a constantly attended location. Exception: Underground key or hub valves in roadway boxes provided by the municipality or public utility need not be monitored.' .160 Section 420 of Appendix Chapter 4 is hereby amended by amending the definition of 'Swimming Pool' to read as follows: 'Swimming Pool' is an structure intended for swimming or recreational bathing that contains or is designed to contain 5 Y water over eighteen (18) inches (457MM) deep. This includes in -ground, above -ground and on -ground swimming pools, hot tubs, portable and non-portable spas, and fixed in place wading pools'. 15.02.111 AMENDMENTS TO NATIONAL ELECTRICAL CODE. The following sections, definitions, and provisions of the National Electrical Code, 1993 Edition, are amended as set forth in this section: .020 Article 100 is hereby amended to amend the definition of `Qualified Person' to read as follows: `Qualified Person: One familiar with the construction and operation of the equipment and the hazards involved. A C-10 Classification is a bona fide possessor of a valid registered license to install electrical wiring issued by the State of California. A C-10 may be the proprietor, employee or corporation officer, but in all cases shall be the person who is directly responsible for the physical and mechanical manner in which electrical material, equipment and devices are placed or installed. A C-10 Contractor shall countersign all applications for electrical permits, and shall supervise all electrical work authorized by such permit. It shall be unlawful for any C-10 Contractor to countersign any permit application for any person other than the person by whom or which he is employed or with whom or which he is associated or connected. Exception: The Legal Owner of an R-3 Occupancy is exempted.' 15.02.131 AMENDMENTS TO UNIFORM MECHANICAL CODE. The following sections, definitions and provisions of the Uniform Mechanical Code, 1994 ICBG Edition, are amended as set forth in this section: .010 Section 114.4.1 of Chapter 1 relating to Permit Expiration is hereby deleted since it is superseded by Section 15.02.080 hereinabove. .020 Section 304 of Chapter 3 is hereby amended by adding thereto Subsections 304.8, 304.9, and 304.10 to read as follows: 1304.8 Screening Equipment regulated by this Code, with the exception of window mounted air conditioners, when located on the roof or outside the building shall be screened from public view with screening which conforms to the architecture of the building H. A or structure, as established in Title 18 -Zoning. 15.02.140 AMENDMENT TO UNIFORM PLUMBING CODE. The following sections, definitions, and provisions of the Uniform Plumbing Code, 1994 IAPMO Edition, are amended as set forth in this section: .010 Subsection 103.3.4 of Section 103 of Chapter 1 is hereby deleted since it has been superseded by Section 15.02.080 hereinabove. 15.02.161 AMENDMENTS TO THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE The following sections, definitions, and provisions of the Uniform Swimming Pool, Spa and Hot Tub Code are amended as set forth in this section: .010 Section 1.7 of Part 1 (Administration) is hereby deleted in its entirety as it has been superseded by provisions of this Ordinance. 15.02.170 AMENDMENT TO UNIFORM SOLAR ENERGY CODE. The following sections, definitions, and provisions of the Uniform Solar Energy Code are amended as set forth in this Section: .010 Section 20.3 of Part 1 (Administration) is hereby deleted in its entirety since it has been superseded by the provisions of this Ordinance." SECTION 2. That existing Chapter 15.32 is hereby repealed and and new Chapter 15.32 is hereby added to Title 15 of the Anaheim Municipal Code be to read as follows: "15.32.010 MOVING STRUCTURE ONTO LOT IN CITY -PERMIT REQUIRED. It shall be unlawful for any person, firm or corporation to move from any point outside the City limits, or from any point within the City limits of the City of Anaheim, any house, building or structure of any kind or description onto any property or lot within the City limits of the City of Anaheim, without first having obtained from the City Council of the City of Anaheim a special permit so to do. 15.32.020 APPLICATION FOR PERMIT -HEARING -CRITERIA FOR ISSUANCE. Upon receiving a written application for a Special Permit to move any house, building, or structure from a point outside the City limits of the City of Anaheim onto any property or lot 7 within the City limits of the City of Anaheim, or to move any house, building or structure from a point within the City limits of the City of Anaheim onto any other property or lot within the City limits of the City of Anaheim, the City Clerk shall fix a time and place for a public hearing before the City Council upon said application. Notice of such hearing shall be given in accordance with Title 18- Section 18.03.060 "Public Hearings on Petitions." At the time and place fixed for said hearing, the City Council shall receive evidence and reports and extend to all property owners and any other interested persons an opportunity to be heard. The Special Permit shall be approved or conditionally approved only if the City Council finds: .010 That the house, building or structure proposed to be moved onto such property will be comparable in value, size, quality, design and appearance to houses, buildings or structures in the area into which it is to be moved; and .020 That said house, building or structure will not be detrimental to, nor diminish the value of, other property in the area; and .030 That said house, building or structure will conform to the provisions of Title 18 of this code applicable to the property upon which it will be located. The findings of the City Council upon such matters shall be final and conclusive. Said Special Permit required by this section shall be in addition to the Relocation Permit required by this chapter. 15.32.030 APPLICATION FOR RELOCATION PERMIT. Every application to the Building Official for a Relocation Permit shall be in writing and shall set forth such information as such Building Official may reasonably require in order to carry out the purpose of this chapter. 15.32.040 RULES GOVERNING ISSUANCE OF RELOCATION PERMIT. No permit shall be issued to relocate any building or structure which is so constructed or in such condition as to be dangerous, or which is infected with pests or is unsanitary; or which, if it be a dwelling, is unfit for human habitation; or which is so dilapidated, defective, unsightly or in such condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm or be materially detrimental to the property or improvements in the district within a radius of one thousand feet from the proposed site; or if the proposed use is prohibited by the zoning laws of the City; Y or if the structure is of the type prohibited at the proposed location by any Fire District Regulation by any other provision of the Municipal Code or the zoning regulations of the City of Anaheim; or if the unlawful,dangerous or defective conditions of the building or structure proposed to be relocated is such that remedy or correction cannot be effectively or practicably made in the judgment of the Building Official. If the condition of the building or structure, in the judgment of the Building Official, admits of practicable and/or effective repair, the permit may be issued upon the conditions hereinafter provided. The Building Official in granting any Relocation Permit may impose such terms and conditions as he may deem reasonable and proper, including, but not limited to, the requirement of changes, alterations, additions or repairs to be made to or upon the buildings or structures, to the end that the relocation thereof will not be materially detrimental nor injurious to the public safety or public welfare, or to the property and improvements or either, in the district or zone, as hereinabove limited, to which it is to be moved. All relocation permits shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. Before such work can be recommenced, a new permit shall be first obtained to do so, and fee therefor shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 15.32.050 RELOCATION PERMIT WHEN BOND REQUIRED—AMOUNT. No Relocation Permit shall be issued unless the applicant therefor shall first post with the Building Official a bond executed by the owner of the premises where the building or structure is to be located, as principal, and by a surety company, approved by the City Attorney and authorized to do business within the State, as surety. The bond, which shall be in form joint and several, shall name the City of Anaheim as obligee, and shall be in an amount equal to the cost, plus ten percent of the work required to be done in order to comply with all of the conditions of such 4 h Relocation Permit as estimated by the Building Official. In addition, the bond shall guarantee replacement of any public facilities or improvements damaged during the relocation. In lieu of a surety bond, the applicant may post a bond executed by said owner, as principal, and which is secured by a deposit of cash in the amount named above, and conditions as required in the case of a surety bond; such a bond as so secured is hereinafter called a "cash bond" for the purposes of this section. No bond, however, need be posted in any case where the Building Official shall determine that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover or that of moving a building to adjacent property of the same owner; but the exceptions herein made shall not apply unless the Building Official finds that no such security is necessary in order to assure compliance with the requirements of this section. 15.32.060 RELOCATION PERMIT—TERMS OF BOND. Every bond posted pursuant to this chapter shall be conditioned as follows: .010 That each and all the terms and conditions of the Relocation Permit shall be complied with to the satisfaction of the Building Official; .020 That all the work required to be done pursuant to the conditions of the Relocation Permit shall be fully performed and completed within the time limit specified in the Relocation Permit. 15.32.070 DEFAULT IN PERFORMANCE—NOTICE TO PRINCIPAL AND SURETY—DUTY OF SURETY. Whenever the Building Official shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof, and the period of time deemed by the Building Official to be reasonably necessary for the completion of such work. After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed, or failing therein, must pay over to the Building Official the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to ten percent of said estimated cost. Upon receipt of such moneys, the Building Official shall proceed by such mode as he deems convenient to 10 cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of the said sum in hand therefor. 15.32.080 ENFORCEMENT OF CASH BOND. If a cash bond has been posted, notice of default as provided above shall be given to the principal, and if the compliance is not obtained within the time specified, the Building Official shall proceed without delay and without further notice of proceedings whatever to use the cash deposit or any portion thereof to cause the required work to be done, by contract or otherwise, in his discretion. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor or to his successors or assigns, after deducting the cost of the work plus ten percent thereof. 15.32.090 DEFAULT BY MOVER -OPTION TO DEMOLISH STRUCTURE AND RESTORE SITE. When any default has occurred on the part of the principal under the preceding provisions, the surety shall have the option, in lieu of completing the work required, of demolishing the building or structure, and clearing, cleaning and restoring the site. If the surety defaults, the Building Official shall have the same option. 15.32.100 PERIOD AND TERMINATION OF BOND. The term of each bond posted pursuant to this chapter shall begin upon the date of the posting thereof, and shall end upon the completion, to the satisfaction of the Building Official, of the performance of all the terms and conditions of the Relocation Permit. Such completion shall be evidenced by a statement thereof signed by the Building Official, a copy of which shall be sent to any surety or principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor or to his successors or assigns upon the termination of bond, except any portion thereof that may have been used or deducted as elsewhere in this chapter provided. 15.32.110 ENTRY UPON PREMISES WHEN AUTHORIZED. The Building Official, the surety and the duly authorized representatives of either shall have access to the premises described in the Relocation Permit for the purpose of inspecting the progress of the work. In the event of any default in the performance of any term or condition of the Relocation Permit the surety or any person employed or engaged on its behalf, or the Building Official, or 11 I any person employed or engaged on his behalf, shall have the right to go upon the premises to complete the required work or to remove or demolish the building or structure. No person shall interfere with nor obstruct the ingress or egress to or from any such premises of any authorized representative or agent of any surety or of the City engaged in the work or completing, demolishing or removing any building or structure for which a Relocation Permit has been issued, after a default has occurred in the performance of the terms or conditions thereof. 15.32.120 STRUCTURE TO BE MOVED OUT OF CITY NO BOND REQUIRED—ISSUANCE OF PERMIT. The provisions of this chapter relating to the posting of bonds shall not apply where the building or structure is to be moved to a point outside the City limits. In such cases, if the Building Official finds that the building or structure is so constructed and in such condition that it may be removed with safety, a permit shall be issued. 15.32.130 FEE FOR RELOCATION PERMIT—EXEMPTION. Before any application for a Relocation Permit is accepted, a fee shall be paid by the applicant to cover the costs of the City for the investigation of the condition of the building to be moved, and the inspection of the proposed new location. This application fee shall be in addition to the regular Building Permit fee and Relocation Permit fee. The provisions of this chapter relating to fees and posting of bonds shall not apply to the relocation of temporary buildings or structures to be used by governmental agencies for governmental purposes. 15.32.140 RELOCATION PERMIT—PREREQUISITES TO ISSUANCE. No Relocation Permit shall be granted unless: .010 The applicant shall have the building and the proposed new location inspected by the Building Official; .020 The applicant shall pay to the Building Official a fee established by resolution for each permit requested; .030 A separate application upon Building Official shall be obtained for the moving of or portion of a building or 12 a form furnished by the filed and a separate permit each building or structure, structure. i 15.32.150 RELOCATION PERMIT APPLICATION. Each application for Relocation Permit must show: .010 The kind of building or structure to be moved; .020 The street location or either identifying description of the property to which it is proposed to be moved and the route over, along and across, and upon which such building or structure, section or portion thereof is to be moved; .030 The number of sections in which the building or structure will be moved; .040 The time when it is proposed to be moved and within which removal will be completed. 15.32.160 APPLICANT MUST HAVE BUSINESS LICENSE. No permit shall be issued for Relocation pursuant to the terms of this chapter unless such house mover shall have been regularly licensed and authorized to engage in such business at the time of application for any such permit. 15.32.170 DAMAGE TO STREET—REPAIR—COSTS. In case of damage to any street by reason of the moving of any building or structure or section or portion thereof, the Building Official shall notify Public Works who will cause such work to be done as may be necessary to restore the street to as good a condition as the same was in prior to such damage, and shall charge the cost thereof to the house mover to whom the permit was issued for relocation such building or structure, or section or portion thereof. 15.32.180 STRUCTURE BEING MOVED TO BE LIGHTED DURING DARK. No person moving any building or structure, or section or portion thereof, over, along, upon or across any street, shall fail, neglect or refuse to keep a red light burning at all times between sunset and sunrise, at each corner of such building or structure, or section or portion thereof, and at the end of any projection thereon while the same or any part thereof is located in or upon any street. 15.32.190 PROTECTION OF SIDEWALK. No person shall drive any wagon or other vehicle over, along or across any cement or other improved sidewalk or curb, unless planking is laid thereon in such manner as to protect such sidewalk or curb. No person shall remove any such planking except 13 Y the person by or for whom it was laid, unless permission therefor is granted by the Public Works Director, provided, however, that the provision of this section shall not apply to the driving of vehicles over sidewalks or curbs at places where cement or asphalt crossings are constructed across such sidewalks or curbs, or where expressly permitted by ordinance or by written approval of the Public Works Director. 15.32.200 TIRES OF VEHICLES ON STREETS—PROTUBERANCES RESTRICTED No person shall operate upon or cause to be operated upon the improved portion of any concrete, asphalt, rock and oil, or oiled street, or public way in the City any vehicle having thereon a tire or tires on the periphery of which there is or are any blocks, studs, flange, cleat, ridge, bead or any wood which projects beyond the tread of the traction service of the tire. This section shall not prohibit the use of tire chains of reasonable size to prevent skidding when upon wet or slippery surfaces, nor shall the restriction of this section apply to such vehicle when its operation upon any street or road is necessary in the construction or repair thereof. " SECTION 3. That Section 6.56.010 Chapter 6.56 of Title 6 of the Anaheim Municipal Code be, and it is hereby, amended to read as follows: 116.56.010 FENCE REQUIRED—SPECIFICATIONS. .010 Any swimming pool, ponds or other body of water on private property designed or intended to contain water more than eighteen inches in depth at any point, shall be enclosed by a fence or wall adequate to prevent entry of small children. The solid walls of a dwelling, building, structure or other natural barrier may constitute a part of the fence or wall. Such fences shall comply with the Sections 419, 420, and 421 of the Appendix of the Anaheim Building Code. .020 Any swimming pool, pond or other body of water which was built prior to July 1, 1968, which does not comply with this chapter shall be brought into compliance on or before July 1, 1993. No water shall be placed into any pool, pond or body of water which violates any provision of this chapter. .030 Compliance. No pool or pond subject to this chapter shall be plastered or filled with water until the Building Official has determined that the provisions of this chapter have been met. .040 Exception: The provisions of this chapter shall not apply to any swimming pool, pond or other body of water 14 A, which, when filled to capacity, exceeds a surface area of one-quarter acre." SECTION 4. That Subsection 17.04.070 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended to read as follows: 1117.04.070 PERMITS—ISSUANCE BY BUILDING INSPECTOR IN CONNECTION WITH BUILDING PERMIT—DUTIES OF BUILDING INSPECTOR. Whenever grading is performed on a lot or parcel of land in connection with the construction of a building or structure on such lot or parcel of land for which a permit has been issued by the Building Inspector, the Building Inspector shall perform all of the duties specified by this chapter to be performed by the City Engineer, except supervision and inspection of work performed on public property or work on drains, dams or revetments, which shall be performed by the City Engineer. All walls or other similar structures on private property required by the City Engineer in connection with permits issued by him shall be constructed under permit from and inspected by the Building Inspector." SECTION 5. Subsection 17.28.030 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code is hereby amended as follows: 117.28.030 DEFINITIONS. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. .010 "Appeal" means a request for a review of the City Engineer or Planning Director's (or their designees) interpretation of any provision of this chapter or a request for a variance. .015 "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. .020 "Area of shallow flooding" means a designated AO, AH or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. .030 "Area of special flooding hazard" means the land in the flood plain within the City subject to a one percent or greater chance of flooding in any given year. This 15 area is designated as Zone A, AO, AH, Al -30, VO, and V1-30 on the FIRM. .040 "Base flood" means the amount of water generated from runoff of a storm and having a one percent chance of being equaled or exceeded in any given year (also called the 11100 -year flood"). .045 "Base Flood Elevation (BFE)" means the water surface elevation of the base flood in relation to the National Geodetic Vertical Datum (NGVD). .050 "Breakaway walls" mean any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which are not part of the structural support of the building and which are so designed as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. .060 "Building Official" means the Chief Building Inspector of the City of Anaheim, or his designated representative. .070 "City" means the City of Anaheim, California. .080 "Coastal high hazard area" means the area subject to high velocity waters, including but not limited to coastal and tidal inundation or tsunamis. The area is designated on a FIRM as Zone V1-30. .090 "Development" means any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard. .095 "Development Permit" means for the purpose of Chapter 17.28 only, a building, grading, conditional use permit or other permit relating to development as defined herein. .098 "Elevation Certificate" means the FEMA required elevation certificate. .100 "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed 16 4 (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. .110 "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). .120 "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. (3) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. .130 "Flood Boundary Floodway Map" means the official map on which the Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. .140 "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the City. .150 "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary Floodway Map, and the water surface elevation of the base flood. .155 "Floodplain" means any land area susceptible to "flood or flooding." 17 16 .156 "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. .160 "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (also referred to as the "Regulatory Floodway"). .165 "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. .166 "Historic Structure" means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of Interior; or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved State program as determined by the Secretary of the Interior; or (2) Directly by the Secretary of the Interior in States without approved programs. .168 "Insurable structure" means a roofed structure which has a minimum of two rigid walls in place. Silos and grain storage buildings, and buildings in the course of construction are insurable structures. .170 "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this M chapter. .180 "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term manufactured home" does not include a "recreational vehicle". .185 "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. .190 "New construction" means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent substantial improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent substantial improvements to such structures. .200 "Recreational vehicle" means a vehicle which is: (a) built on a single chassis; (b) four hundred square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. .201 "Special flood hazard area (SFHA)" means the land in the floodplain within the City subject to a one percent or greater chance of flooding in any given year. This area is designated as Zone A, AE, AO, and AH on the FIRM. .210 "Start of construction" includes substantial improvement, and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a 19 foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets, and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimension of the building. .220 "Structure" means a walled and roofed building, a gas or liquid storage tank and/or a manufactured home that is principally above ground and permanently affixed to a site. .225 "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. .230 "Substantial improvement" means any rehabilitation, reconstruction, addition, proposed new development, or other improvements, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local Building Official and which are the minimum necessary to assure safe living conditions or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." .240 "Variance" means the grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. " 20 SECTION 6. That Subsection 17.28.050 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1117.28.050 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for the City of Anaheim dated September 15, 1989 and the Flood Insurance Rate Maps (FIRM) dated September 15, 1989 and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This Flood Insurance Study and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City of Anaheim by the City Engineer. The study and FIRMs are on file in the offices of the Planning Director and/or City Engineer of the City of Anaheim." SECTION 7. That Subsection 17.28.100 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1117.28.100 ESTABLISHMENT OF DEVELOPMENT PERMIT. A Development Permit shall be obtained before any construction, other development, or placement of a mobilehome begins within any area of special flood hazard established pursuant to Section 17.28.050, hereof. Application for a Development Permit shall include, but not necessarily be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information shall be required and prepared by a registered professional engineer or architect: .010 Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures. In Zone AO, elevation of the highest adjacent grade and proposed elevation of lowest floor of all structures. .020 Proposed elevation in relation to mean sea level, to which any structure will be floodproofed; .030 Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing 21 Y criteria in Section 17.28.130.030.033 and shall be noted on all plans and drawings submitted: .040 Description of the extent to which any watercourse will be altered or relocated as a result of proposed development." SECTION 8 . That Subsection 17.28.120 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1117.28.120 DUTIES AND RESPONSIBILITIES OF THE PLANNING DIRECTOR. Duties of the Planning Director, or his designee, shall include, but not be limited to: .010 Permit Review. .011 Review permits to determine that the permit requirements of this chapter have been satisfied. .012 Review permits to determine that the site is reasonably safe from flooding. .020 Information to be Obtained and Maintained. Obtain and maintain for public inspection and make available as needed for Flood Insurance Policies: .021 The certified elevation required in Section 17.28.130.030.031. .022 The certification required in Section 17.28.130.030.032. .023 The floodproofing certification required in Section 17.28.130.030.033. .024 The certified elevation required in Section 17.28.160.020. SECTION 9. That Subsection 17.28.125 is hereby added to Chapter 17.28 of Title 17 of the Anaheim Municipal Code to read as follows: 1117.28.125 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER. .010 Review all permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development 22 when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot to any point. .020 Alteration of Watercourses. .021 Notify, in riverain situations, adjacent communities and the State Department of Water Resources prior to any alteration or relocation of a watercourse, and submit copies of such notification to the Federal Insurance Administration. .022 Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. .030 Interpretation of where needed, as t boundaries of the example, where the mapped boundary an person contesting given a reasonable interpretation as hereof." FIRM Boundaries. Make interpretations o the exact location of the areas of special flood hazards (for re appears to be a conflict between a d actual field conditions). The the location of the boundary shall be opportunity to appeal the provided in Section 17.28.190 SECTION 10. That Subsection 17.28.130 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1117.28.130 STANDARDS OF CONSTRUCTION. In all areas of special flood hazards the following standards are required: .010 Anchoring. .011 All new construction and substantial improvement shall (i) be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, (ii) be constructed with materials resistant to flood damage, (iii) be constructed by methods and practices that minimize flood damages, and (iv) be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 23 .012 All manufactured homes shall meet the anchoring standards of Subsection 17.28.170.010. .020 Construction Materials and Methods. .022 All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. .030 Elevation and Floodproofing. .031 New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated at least one foot above the base flood elevation. Nonresidential structures may meet the standards in Subsection 17.28.130.022. Prior to final building and zoning inspections, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor and an elevation certificate completed and provided to the Planning Director, or his or her designee. .032 New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated above, in feet, the depth number specified on the FIRM above the highest adjacent grade. If there is no depth number on the FIRM, the lowest floor, including basement, shall be elevated two feet above the highest adjacent grade. Nonresidential structures may meet the standards in Section 17.28.130.030.033. Upon completion of the structure, a registered professional engineer shall certify that the elevation of the structure meets this standard and provide the certification to the official set forth in Section 17.28.120.030. .033 Nonresidential construction shall either be elevated in conformance with Section 17.28.130.030.031 or 17.28.130.030.032 or together with attendant utility and sanitary facilities: (a) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (c) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 17.28.120.020.023. 24 .034 Mobile homes shall meet the above standards and also the standards in Section 17.28.170. .035 All new construction and substantial improvements with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must be certified by a registered professional engineer within the State of California or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers or valves." SECTION 11. That Subsection 17.28.190 of Chapter 17.28 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1117.28.190 VARIANCE PROCEDURE. .010 The City Council of the City of Anaheim shall hear and decide appeals and requests for variances from the requirements of this chapter. .020 The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made in the enforcement or administration of this chapter. .030 The City Council shall be final and conclusive. .040 In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; and .041 The danger that materials may be swept onto other lands to the injury of others; .042 The danger to life and property due to flooding or erosion damage; .043 The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage 25 Y on the individual owner; .044 The importance of the services provided by the proposed facility to the community; .045 The necessity to the facility of a waterfront location, where applicable; .046 The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage; .047 The compatibility of the proposed use with existing and anticipated development; .048 The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; .049 The safety of access to the property in times of flood for ordinary and emergency vehicles; .050 The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and .051 The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. .052 Upon consideration of the factors of Section 17.28.190.040 and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. .060 The City Clerk shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. .070 Conditions for Variances. .0701 Variances may be issued for the repair or rehabilitation of historic structures upon a determination that (a) the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and (b) the variance is the minimum necessary to preserve the historic character and design of the structure. 26 Y .0702 Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. .0703 Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. .0704 Variances shall only be issued upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. .0705 Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. " SECTION 12. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of an such portion as many be declared invalid. SECTION 13. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. 27 SECTION 14. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance or any provision of the Uniform Codes adopted by this ordinance. Any person, firm or corporation violating any provision of this ordinance or the Uniform Codes or failing to comply with any of the requirements therein shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance or the Uniform Codes is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 19th day of Dec. , 1995. MAYO OF THE CITY OF ANA IM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 28 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5547 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th day of December, 1995, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 19th day of December, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5547 on the 19th day of December, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 19th day of December, 1995. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5547 and was published once in the Orange County Register News on the 28th day of December, 1995 CITY CLERK OF THE CITY OF ANAHEIM