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5300 (2)ORDINANCE NO. 5300 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CERTAIN CHAPTERS OF TITLE 15 AND ADDING NEW CHAPTERS TO TITLE 15 OF THE ANAHEIM MUNICIPAL CODE ADOPTING THE BUILDING, ABATEMENT OF DANGEROUS BUILDING, ELECTRICAL, HOUSING, MECHANICAL, PLUMBING, SOLAR ENERGY, AND SWIMMING POOL, SPA, AND HOT TUB, CODES AND AMENDING PRO- VISIONS OF CHAPTER 6.56 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE PERTAIN- ING TO POOLS AND PONDS THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. REPEAL OF CHAPTERS That Chapters 15.04, 15.06, 15.16, 15.20, 15.30, 15.36, 15.50, and 15.55 of Title 15 of the Anaheim Municipal Code be, and the same are hereby, repealed. SECTION 2. That Title 15 of the Anaheim Municipal Code be, and it is hereby, amended by adding thereto the following Chapter 15.02 to read as follows: "Chapter 15.02 UNIFORM CODES PERTAINING TO BUILDING AND CONSTRUCTION 15.02.000 APPROVAL OF UNIFORM CODES The City Council does hereby find and determine, as a result of investigation and tests conducted by the City and its Building Official, and by reason of the accepted principles and tests by recognized national or state authorities and technical and scientific organizations that each of the following uniform codes is approved for adoption by reference within the meaning of Section 50022.1 of the Government Code of the State of California and Section 513 of the City Charter: .010 Uniform Building Code - 1991 Edition including the Appendix thereof excluding Chapters 38, 51, and 70 of the Appendix - as amended herein. .020 Uniform Code For The Abatement of Dangerous Buildings - 1991 Edition. L .030 National Electrical Code - 1990, as amended herein. .040 Uniform Housing Code - 1991 Edition. .050 Uniform Mechanical Code - 1991 Edition, as amended herein. .060 Uniform Plumbing Code - 1991 Edition including Appendices A, B, C, D, E, H, I, and Installation Standards, as amended herein. .070 Uniform Solar Energy Code - 1991 Edition. .080 Uniform Swimming Pool, Spa, and Hot Tub Code - 1991 Edition,as amended herein. The Codes set forth in this section are collectively referred to and may be cited as the "Uniform Codes", and individually as the Anaheim Building Code, Anaheim Code For The Abatement of Dangerous Buildings, Anaheim Electrical Code, Anaheim Uniform Housing Code, Anaheim Mechanical Code, Anaheim Plumbing Code, Anaheim Solar Energy Code, and Anaheim Swimming Pool, Spa, and Hot Tub Code. 15.02.010 ADOPTION OF UNIFORM CODES The Uniform Codes, as amended by this chapter, are hereby adopted pursuant to Section 50022.2 of the California Government Code and Section 513 of the City Charter. 15.02.020 RESERVED 15.02.030 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. 15.02.040 RESERVED 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. 15.02.060 RESERVED 15.02.070 FEES AUTHORIZED .010 Notwithstanding any fees established in the Uniform Codes, the City Council may, by resolution, establish the fee for - 2 - W 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 a practicable to do so. 15.02.080 RESERVED 15.02.090 AMENDMENTS TO UNIFORM BUILDING CODE The following sections, definitions and provisions of the Uniform Building Code 1991 Edition are amended as set forth in this section: .010 Section 407 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." .020 Section 426 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." .030 Section 1101 is amended to read as follows: "Sec. 1101. Group M Occupancies shall be: Division 1. Private garages, carports, sheds and agricultural buildings. Division 2. Fences other than masonry over six (6) feet high; masonry fences over three (3) feet high; tanks; and towers. - 3 - .040 Section 1807(a) is amended to read as follows: "Sec. 1807.(a) Scope. This section applies to all Group B, Division 2 office and Group R, Division 1 Occupancies, each having floors used for human occupancy located more than fifty-five (55) feet above the lowest level of fire department vehicle access. Such buildings shall be provided with an approved automatic sprinkler system in accordance with Section 1807 (c)." .050 Section 2623 is amended to read as follows: "Sec. 2623. The minimum thickness of concrete floor slabs supported directly on the ground shall be not less than three and one-half (3.5) inches. An approved waterproofed membrane shall be placed under slab floors supported directly on the ground in I and R, Division 3, occupancies." .060 Section 3201 is amended by amending the first sentence of paragraph (a) to read as follows: "Sec. 3201. (a) 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 32 of the Appendix shall be of noncombustible or fire retardant construction as defined in Section 3202." .070 Section 3805 is amended by amending paragraph (c) to read as follows: "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 they are located. - 4 - 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. In buildings where more than one standpipe is provided, the stand pipes shall be interconnected at the bottom." .080 Section 1241 of the Appendix is hereby amended to read as follows: "Sec. 1241. The provisions of this section apply to the design and construction of barriers for swimming pools for all Occupancies." .090 Section 1242 of the Appendix is hereby amended by amending the definition of "Swimming Pool" to read as follows: "Swimming Pool" is any structure intended for swimming or recreational bathing that contains or is designed to contain water over eighteen (18) inches deep. This includes in -ground, above -ground and on - ground swimming pools, hot tubs and spas." .100 Section 1243 of the Appendix is hereby amended by amending the first sentence of subparagraph 1. of paragraph (a) to read as follows: 111. The top of the barrier shall be at least sixty (60) inches above grade measured on the side of the barrier which faces away from the swimming pool." .110 Sections 3503 and 3504 are hereby added to Chapter 35 of the Appendix to read as follows: "EXTERIOR NOISE Sec. 3503. (a) 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 - 5 - 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. (b) 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. (c) 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. (d) 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 Section 3502(b). Exceptions: Railroads where there are no railway operations between 10:00 p.m. and 7:00 a.m. and where railroad operations during the balance of the day do not exceed four operations." "Sec. 3504.(a) Compliance. 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 i 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. (b) 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 non-compliance 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 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." .120 Sections 4901 and 4902 of Chapter 49 of the Appendix are hereby amended to read as follows: "Sec. 4901.(a) Patio covers are one-story structures not exceeding 12 feet in height. Enclosure walls may have any configuration, provided the open area of the longer wall and one additional wall is equal to at least 65 percent of the area below a minimum of 6 feet 8 inches of each wall, measured from the floor. Openings may be enclosed with insect screening or glass that is readily removable or transparent plastic not more than 0.125 inch in thickness. (b) Patio covers and enclosed patio structures may be detached or attached to other buildings as accessories to Group M; Group R, Division 3; or to single dwelling units in Group R, Division 1 Occupancies. Patio covers and enclosed patio structures shall be used only for recreational, outdoor living purposes and not as carports, garages, storage rooms or habitable rooms. (c) When patio covers and enclosed patio structures are attached to other buildings in Group R, Division 3, or Group R, Division 1 Occupancies, the common wall separating the structures, including all windows and doors contained within this separation wall, must remain intact and undisturbed." - 7 - "Sec. 4902. Patio covers shall be designed and constructed to sustain, within the stress limits of this code, all dead loads plus a minimum vertical live load of 10 pounds per square foot except that snow loads shall be used where such snow loads exceed this minimum. Such covers shall be designed to resist the minimum horizontal wind loads set forth in this code, except that where less than 12 feet high, the horizontal wind load shall be as indicated in Table No. 49-A. In addition, they shall be designed to support a minimum wind uplift equal to the horizontal wind load acting vertical upward normal to the roof surface, except that for structures not more than 10 feet above grade the uplift may be three fourths of the horizontal wind load. When enclosed with insect screening or glass that is readily removable or transparent plastic not more than 0.125 inch in thickness, wind loads shall be applied to the structure, assuming it is fully enclosed." 15.02.100 RESERVED 15.02.110 AMENDMENTS TO NATIONAL ELECTRICAL CODE The following sections, definitions, and provisions of the National Electrical Code 1990 Edition are amended as set forth in this section: .010 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." .020 Section 110-5 is hereby amended to read as follows: 11110-5 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 16 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." - 8 - .030 Section 110-14 is hereby amended by adding thereto a subparagraph (c) to read as follows: "(c) 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." .040 Section 210-1 is hereby amended to read as follows: "Section 210-1. 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 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 electrical inspector." .050 Subsection (5) of Section 210-8 is hereby amended to read as follows: 11(5) All 125 volt single phase 15 and 20 ampere receptacles required by Section 210-52(b) installed within six (6) feet (1.83 mi) of any sink for counter top use shall have ground -fault circuit - interruption protection for personnel." .060 Section 210-70 hereby amended by amending the first sentence of subsection (a) and adding subsections (c) and (d) to read as follows: "Interior Lighting. (a) Dwelling Unit(s). 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." "(c) Carport(s). At least one (1) lighting outlet shall be installed in each carport. Switch - controlled lighting outlets in carport(s) are prohibited." "(d) Exterior Lighting. Dwelling units - at least one (1) interior wall mounted switch -controlled exterior lighting fixture is required at each exterior exit." .070 Section 230-43 is hereby amended to read as follows: "Section 230-43. 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." .080 Section 230-71(a) is hereby amended by amending the first paragraph thereof, to read as follows: "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." - 10 - h 15.02.110 RESERVED 15.02.120 RESERVED 15.02.130 AMENDMENTS TO UNIFORM MECHANICAL CODE The following sections, definitions and provisions of the Uniform Mechanical Code - 1991 Edition are amended as set forth in this section: .010 Chapter 5 is hereby amended by adding thereto Sections 512, 513, and 514 to read as follows: "Sec. 512. Prohibited Locations. Equipment regulated by this Code shall not be located in any front or side yard established in Title 18 - Zoning. Sec. 513. 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. Sec. 514. 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." .020 Section 1202 is hereby amended by adding thereto subparagraph (f) to read as follows: "(f) Air cooled condensers or cooling towers within building or confined space shall have the air discharge directly to the outside of the building." .030 Section 1901 is hereby amended by adding thereto subparagraph (c) to read as follows: "(c) 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." .040 Chapter 21 of Appendix B is hereby amended by deleting therefrom Sections 2124, 2125, and 2126. .050 Appendix B is hereby amended by deleting therefrom Chapter 24 in its entirety. L 15.02.140 AMENDMENTS TO UNIFORM PLUMBING CODE The following sections, definitions, and provisions of the Uniform Plumbing Code 1991 Edition are amended as set forth in this section: .010 Section 910 is hereby amended by adding thereto a sentence to read as follows: "All kitchen and food processing facilities shall provided with garbage disposals." 15.02.150 RESERVED 15.02.160 AMENDMENT 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 - is hereby amended by amending the definitions of the words "Swimming Pool" and "Wading Pool" to read as follows: "Swimming Pool - See Section 1242 of Anaheim Building Code" "Wading Pool - See Section 1242 of Anaheim Building Code" SECTION 3. That Section 6.56.010 of 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 (18) 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 1241, 1242, and 1243 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 place into any pool, pond or body of water which violates any provision of this Chapter. - 12 - .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 which, when filled to capacity, exceeds a surface area of one-quarter (1/4) acre." SECTION 4. 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 any such portion as may be declared invalid. SECTION 5. 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. SECTION 6. 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 ($1000.00) 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. - 13 - THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 5th day of May , 1992. ATTEST: OF THE CITY'CLERK OF THE CITY OF ANAHEIM MES:dnl RCODES.DR3 041392 - 14 - 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. 5300 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 21 st day of April, 1992, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 5th day of May, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickier AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5300 on the 6th day of May, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 6th day of May, 1992. 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. 5300 and was published once in the Anaheim Bulletin on the 15th day of May, 1992. CITY CLERK OF THE CITY OF ANAHEIM