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554001 ORDINANCE NO. 5540 AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AMENDMENTS TO THE 1994 EDITIONS OF THE UNIFORM BUILDING CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, AND THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE; AND DECLARING THAT THIS IS AN EMERGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT (PRIOR AMENDMENTS RECODIFIED). 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 therto: 1115.02.030 DESIGNATION OF ADMINISTRATIVE AUTHORITY. "Administrative Authority" or "building official" when used in the Uniform Codes shall mean the Building Official as designated in Section 1.04.150 of the Anaheim Municipal Code. 15.02.050 BOARD OF APPEALS. "Board of Appeals" when used in the Uniform Codes shall mean the City Council. The Building Official shall be an ex officio member of the Board of Appeals. If not otherwise established in each of the Uniform Codes, a Board of Appeals is hereby established for each of the Uniform Codes. 15.02.070 FEES AUTHORIZED. .010 Notwithstanding any fees established in the Uniform Codes, the City Council may, by resolution, establish the fee for each permit, inspection, reinspection and other activity. Any reference in any Uniform Code to "fees" shall be deemed a reference to said resolution. If no such resolution is adopted, the fee set forth in the Uniform Code shall apply. .020 The fees for a permit for work which was commenced prior to issuance of the permit shall be doubled. The Building Official may waive the fee imposed by this section upon determining, in writing, that the work was undertaken as an emergency measure when the obtaining of a permit was impracticable and that the permittee applied for the permit as soon as practicable to do so. 01 i 15.02.090 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: .020 Section 207 is amended by amending the definition of "FRONT OF LOT" as follows: `FRONT OF LOT' is the boundary line of a lot bordering a public or private street and, in the case of a lot bordering more than one street, the narrowest portion of the lot bordering a street shall constitute the frontage.' .030 Section 226 is amended to read as follows: `YARD' is an open, occupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this Code, on the lot where the building is situated, or on an adjoining common lot in a planned unit development which is used as open space and not intended for building purposes. Two or more structures which utilize the same common open space shall be assumed to have a property line between them.' .040 Section 312 is amended to read as follows: 1312.1 Group U Occupancies shall be: Division 1. Private garages, carports, sheds and agricultural buildings. Division 2. Fences other than masonry over six (6) feet (829MM) high; masonry fences over three (3) feet (914MM) high; tanks; and towers.' .120 Subparagraph 904.5.3 of Section 904 is hereby amended to read as follows: 1904.5.3 Location of Class I Standpipes. There shall be a Class I standpipe outlet connection at every floor level landing of every required stairway above and below grade and on each side of the wall adjacent to the exit opening of a horizontal exit. Outlets at stairways shall be located within the exit closure or in the case of smokeproof enclosures, within the vestibule or exterior balcony, giving access to the stairway. Risers and laterals of Class I standpipe systems not located within an enclosed stairway or smokeproof enclosure shall be protected by a degree of fire resistance equal to that required for vertical enclosures in the building in which E i they are located. Exception: In buildings equipped with an approved automatic sprinkler system, risers and laterals which are not located within an enclosed stairway or smokeproof enclosure need not be enclosed within fire -resistive construction. There shall be a three-way outlet above the roof line when the roof has a slope of less than four (4) inches in twelve (12) inches (33.3% slope). In buildings where more than one standpipe is provided, the stand pipes shall be interconnected at the bottom.' .130 Section 1501.1 is hereby amended to read as follows: `Sec. 1501.1 General. Notwithstanding any other provision to the contrary, the roof covering of any building hereafter constructed, regardless of occupancy classification, including any re -roofing of an existing building as specified in Chapter 15 of the Appendix shall be of non- combustible or fire retardant construction as defined in Section 1502. Roof coverings shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof. Skylights shall be constructed as required in Chapter 24. For use of plastics in roofs, see Chapter 26. For solar energy collectors located above or upon a roof, see Chapter 13.' .135 Section 1503 is hereby amended to read as follows: `Section 1503 `Roof Covering Requirements'. Notwithstanding any other provision of this Building Code and Appendix to the contrary, and with the exception of attached room additions to existing residences in all Group R-3 occupancy classifications, the roof covering of any building hereinafter constructed regardless of Type or Occupancy classification, including any re -roofing of any existing building when 50% or more of the total roof area is re - roofed within any one-year period, as specified in Chapter 15 of the Appendix hereto, shall be Class A roof covering in all areas of the City of Anaheim located east of the Costa Mesa Freeway (SR -55) and south of the Riverside Freeway (SR - 91) . 3 A The roof covering on any structure regulated by this code shall be as specified in Table No. 15-A and as classified in Section 1504. The roof covering assembly includes the roof deck, underlayment, interlayment, insulation and covering which is assigned a roof -covering classification.' .140 Section 1924 is amended to read as follows: `The minimum thickness of concrete floor slabs supported directly on the ground shall be not less than three and one-half (3.5) inches (89MM). An approved waterproofed membrane shall be placed under slab floors supported directly on the ground in I and R, Division 3, occupancies.' .150 Section 419 of Appendix Chapter 4 is hereby amended to read as follows: `The provisions of this section apply to the design and construction of barriers for swimming pools for all Occupancies.' .170 Section 421 Appendix Chapter 4 is hereby amended by amending the first sentence of paragraph 421.1 to read as follows: Al. The top of the barrier shall be at least sixty (60) inches (1524MM above grade measured on the side of the barrier which faces away from the swimming pool.' .180 Sections 1210 and 1211 are hereby added to Chapter 12 of the Appendix to read as follows: `SECTION 1210 - Exterior Noise 1210.1 Location and Orientation. Consistent with land use standards, residential structures located in noise critical areas, such as proximity to the select system of county roads and city streets (as specified in Section 186.4 Streets and Highways Code), railroads, rapid transit lines, airports, or industrial areas shall be designed to prevent the intrusion of exterior noises beyond prescribed levels with all doors and windows closed. Design shall include orientation of the structure, setbacks, shielding and sound insulation of the structure. 1210.2 Interior Noise Levels. Interior community noise equivalent levels (CNEL), with windows and doors closed, attributable to exterior noise sources shall not exceed an annual CNEL of forty-five (45) dB in any habitable room. 2 i 1210.3 Airport Noise Source. Residential structures to be located within an annual CNEL contour (as defined in Title 4, Subchapter 6 California Administrative Code) of 60 or higher require an acoustical analysis which demonstrates that the structure is designed to limit intruding noise to the allowable level. CNEL's shall be as determined in accordance with the General Plan. 1210.4 Vehicular and Industrial Noise Sources. Residential buildings to be located within exterior CNEL contours of 60 dB or higher of an existing or adopted freeway, expressway, major street, thoroughfare, railroad or rapid transit line shall require an acoustical analysis which demonstrates that the structure is designed to limit intruding noise to the allowable level set forth in Paragraph 1210.2. Exceptions: Railroads where there are no railway operations between 10:00 pm. and 7:00 am. and where railroad operations during the balance of the day do not exceed four operations. `SECTION 1211 - Compliance. 1211.1 Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit. The report shall show topographical relationship of noise sources and dwelling site, identification of noise sources and their characteristics, predicted noise spectra at the exterior of the proposed dwelling structure considering present and future land usage, basis for the prediction (measured or obtained from published date), noise attenuation measures to be applied, and an analysis of the noise insulation effectiveness of the proposed construction showing that the prescribed interior noise levels required are met. If interior allowable noise levels are met by requiring that windows be unopenable or closed, the design for the structure must also specify the means that will be employed to provide ventilation and cooling, if necessary, to provide a habitable interior environment. 1211.2 Field testing. When inspection indicates that the construction is not in accordance with the approved design, field testing may be required. Interior noise measurements shall be taken under conditions of typical maximum exterior noise levels within legal limits. A test report showing compliance or noncompliance with prescribed interior allowable levels shall be submitted to the Building Official. Where a complaint as to noncompliance with this article requires a field test to resolve the complaint, the complainant shall post a bond or funds for the cost of said 5 i testing. Such costs shall be chargeable to the complainant when such field tests show these regulations are met. If such tests show noncompliance, the testing costs shall be borne by the owner or builder.' 15.02.110 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 add the definition of "Continuous Special Inspections" between the definitions of "Continuous Load" and "Control Circuit" as follows: `Continuous Special Inspections': an Installation requiring an on-site qualified inspector to be present at all times during such installations.' .030 Section 110-5 of Article 110 is hereby amended to read as follows: 1110-5 Conductors. Conductors normally used to carry current shall be of copper unless otherwise provided in this Code. Where the conductor material is not specified the size given in this Code shall apply to copper conductors. Where other materials are used, the size shall be changed accordingly. Aluminum conductors smaller than #6 A.W.G. may be used only when the method of connection is approved in advance, in writing, by the Building Official and the installation is made under continuous special inspection.' .040 Section 110-14 of Article 10 is hereby amended by adding thereto a subparagraph (d) to read as follows: `(d) Termination. All conductor terminations at circuit breakers, disconnect switches, buss bars, appliance receptacles, and all other such terminal devices, shall be torqued as required by the manufacturer's installation instructions or the U.L. listing or labelling. The installer shall furnish written certification to the City of compliance with this provision.' .050 Section 210-1 of Article 210 is hereby amended to read as follows: `Section 210-1. Scope. The provisions of this Article apply to branch circuits supplying lighting or appliance loads or combinations of both. Where motors or motor -operated appliances are connected to any branch circuit that also supplies lighting or other appliance loads, the provisions R of both this Article and Article 430 shall apply. Article 430 shall apply where a branch circuit supplies motor loads only. Exception: See Section 668-3(c), Exceptions No. 1 through No. 4 for electrolytic cells. (a) Accessory uses or other buildings, signs, etc., separately located on the same lot or premises shall have connecting conductors run underground. (Agricultural areas excepted.) (b) Where spare circuit protective devices are provided or space for future circuit protective devices is provided on the buss in any flush or semiflush mounted panel, raceways of sufficient capacity to permit utilization of such space or spaces shall be provided to an approved accessible location. Such accessible location is normally defined as follows: where sufficient attic space is available or underfloor space is available, a raceway shall terminate conveniently for future use in each such space. Where this condition does not exist or other factors govern, then such terminations shall be approved by the Building Official.' .060 Subsection (5) of Section 210-8 of Article 210 is hereby amended to read as follows: 1(5) All 125 volt single phase 15 and 20 ampere receptacles required by Section 210-52(b) installed within six (6) feet (1.83 meters) of any sink for counter top use shall have ground -fault circuit -interruption protection for personnel.' .070 Section 210-70 of Article 210 is hereby amended to read as follows: `210-70. Lighting outlets Required. Lighting outlets shall be installed where specified in Section 210-70(a), (b), (c), (d) and (e) below. (a) Dwelling Unit(s). Interior Lighting. At least one (1) wall switch -controlled lighting outlet shall be installed in every habitable room, in bathrooms, hallways, stairways, closets, garages, and enclosed patios. (FPN): A vehicle door in a garage is not considered as an outdoor entrance. At least one lighting outlet controlled by a light switch located at the point of entry to the attic, underfloor space, utility room, and basement shall be installed where these spaces are used for storage or contain equipment requiring servicing. The lighting outlet shall be provided at or near the equipment requiring servicing. 7 A Where lighting outlets are installed according to (a) above in interior stairways, there shall be a wall switch at each floor level to control the lighting outlet where the difference between floor levels is six steps or more. Exception No. 1: In habitable rooms, other than kitchens and bath rooms, one or more receptacles controlled by a wall switch shall be permitted in lieu of lighting outlets. Exception No. 2: In hallways, stairways, and at outdoor entrances, remote, central or automatic control of lighting shall be permitted. (b) Guest Rooms. At least one wall switch -controlled lighting outlet or wall switch -controlled receptacle shall be installed in guest rooms in hotels, motels, or similar occupancies. (c) Other Locations. At least one wall switch -controlled lighting outlet shall be installed at or near equipment requiring servicing such as heating, air conditioning, and refrigeration equipment in attics or underfloor spaces. The wall switch shall be located at the point of entry to the attic or underfloor space. (d) Carport(s). At least one (1) lighting outlet shall be installed in each carport. Switch -controlled lighting outlets in carport(s) are prohibited. (e) Exterior Lighting. Dwelling units - at least one (1) interior wall mounted switch -controlled exterior lighting fixture is required at each exterior exit.' .080 Section 230-43 of Article 230 is hereby amended to read as follows: 1230-43. Wiring methods of 600 volts, nominal or less. Service -entrance conductors shall be installed in accordance with the applicable requirements of this Code covering the type of wiring methods used and limited to the following methods: (1) rigid metal conduit; (2) wireways; (3) busways; (4) auxiliary gutters or (5) rigid nonmetallic conduit (underground installations only). Approved cable tray systems shall be permitted to support cables approved for use as service -entrance conductors. See Article 318.' .090 Section 230-71(a) is hereby amended by amending the first paragraph thereof, to read as follows: 3 i `Section 230-71. Maximum Number of Disconnects. (a) General. The service disconnecting means for each service permitted by Section 230-2 or for each set of service entrance conductors permitted by Section 230-40 — Exception No. 1 — shall consist of a single fusible switch or automatic circuit breaker to disconnect all ungrounded conductors supplying each separately metered occupancy. There shall be no more than six (6) service disconnects grouped in any one (1) location without a main disconnect. Exception: One of the two to six service disconnecting means permitted in Section 230-71, where used only for a water pump also intended to provide fire protection, shall be permitted to be located remote from the other disconnecting means.' 15.02.130 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: .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 or structure, as established in Title 18- Zoning. 304.9. Prohibited Locations. Equipment regulated by this Code shall not be located in any front or side yard established in Title 18—Zoning. 304.10 Noise Abatement. Equipment regulated by this Code, shall be installed in order that any noise produced by the equipment shall not exceed the limits of Chapter 6.70 of the Anaheim Municipal Code.' .030 Subsection 504.2 of Section 504 of Chapter 5 is hereby amended by adding thereto subparagraph .2.1 to read as follows: `504.2.1 Residential Kitchen Ventilation. When a range hood is installed for a domestic free-standing or built-in range the exhaust shall be ducted directly to the outside of the building.' E i .040 Subsection 1125.6 of Section 1125 of Chapter 11 is hereby amended by adding thereto subparagraph 1125.6.1 to read as follows: 11125.6.1 Air cooled condensers or cooling towers within building or confined space shall have the air discharge directly to the outside of the building.' .050 Chapter 10 of Appendix B is hereby amended by deleting therefrom Sections 1024, 1025, and 1026. .060 Appendix B is hereby amended by deleting therefrom Chapter 14 (Process Piping) in its entirety. 15.02.160 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 102—(Definitions) of Chapter 1 is hereby amended by changing the definitions of the words "Swimming Pool" and "Wading Pool" to read as follows: `Swimming Pool—See Appendix Section 420 of Anaheim Building Code. `Wading Pool—See Appendix Section 420 of Anaheim Building Code.'" SECTION 2. 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 3. 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 10 continuations, and not as new enactments. SECTION 4. 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. SECTION 5. EFFECTIVE AND OPERATIVE DATES This ordinance shall take effect immediately; however, it shall become operative on December 28, 1995. SECTION 6. DECLARATION OF URGENCY The City Council declares that this ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety, and the reasons for the urgency are as follows: 1. This ordinance adopts the Uniform Building Codes, 1994 Edition, and the National Electrical Code, 1993 Edition, with certain amendments thereto which are reasonably necessary for preservation of the public peace, health or safety (the local amendments). 2. The local amendments are necessary due to certain climatic, geographical and topographical conditions, including the fact that the City of Anaheim is geographically located in an area which is subject to periodic extremely high velocity wind conditions. Said condition is further accentuated by the topographical features of the hill and canyon areas in the easterly portion of the City. Additionally, the City of Anaheim is subject to seasonal high temperatures and dry atmospheric conditions which often occur during times of the high velocity winds as hereinabove described. Due to these local conditions, as well as other conditions set forth more specifically in the Resolution setting forth local conditions justifying amendments to the Uniform Building 11 A Codes, it is necessary for the welfare and safety of the citizens of Anaheim that local amendments take place to govern the special conditions of Anaheim. 3. Many of the local amendments being proposed in the adoption of the Uniform Building Codes have been imposed for a number of years and represent a stated practice within the City. If the Uniform Codes without local amendments become effective even for a short period of time, it will create confusion in enforcement, a large increase in the building fees that will be paid by the public to obtain their permits and will allow conditions necessitating such local amendments to go unremedied. 4. Under Health and Safety Code Section 17958, the Uniform Building Codes, without any local amendments, will become effective in the City of Anaheim 180 days after its adoption by the State Building Standards Commission, or by December 28, 1995, if the City does not have its own ordinance in effect by that time. 5. Unless this ordinance, including the local amendments set forth herein, is adopted as an emergency measure, said ordinance will not be in effect on or before December 28, 1995. 6. For the aforesaid reasons, it is necessary to adopt this ordinance as an emergency measure for the immediate preservation of the public peace, health or safety. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 12th day of December, 1995. MAYOR OF THE CITY OF ANAH M ATTEST: AA-Ir-�CA— / 1- C-� CITY CLERK OF THE CITY OF ANAHEIM 12 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 urgency Ordinance No. 5540 was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the 12th day of December, 1995 and after reading of the ordinance in full by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5540 on the 12th day of December, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of December, 1995. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) 1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5540 and was published once in the Orange County Register on the 21 st day of December, 1995. CITY CLERK OF THE CITY OF ANAHEIM