5050ORDINANCE NO. 5050
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REPEALING CHAPTER 15.04 OF TITLE 15 OF
THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE 1988
EDITION OF THE INTERNATIONAL CONFERENCE OF
BUILDING OFFICIALS' UNIFORM BUILDING CODE, WITH
AMENDMENTS THERETO, AND AMENDING TITLE 15 OF THE
ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NEW
CHAPTER 15.04.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1.
That Chapter 15.04 of Title 1S of the Anaheim Municipal Code
be, and the same is hereby, repealed.
SECTION 2.
That Title 15 of the Anaheim Municipal Code be, and the same
is hereby, amended by adding thereto a new Chapter 15.04 to read
as follows:
"CHAPTER 15.04
BUILDING CODE
15.04.001 APPROVAL OF CODE
The City Council does hereby find and determine, as the
result of investigation and tests conducted by the City and its
Building Official, or by reason of the accepted principles or
tests by recognized national or state authorities, technical or
scientific organizations, that the Uniform Building Code, 1988
Edition, of the International Conference of Building Officials is
an approved Code for adoption by reference within the meaning of
Section 50022.1 of the Government Code of the State of California.
15.04.010 ADOPTION OF CODE
Pursuant to the provisions of Sections 50022.1 to 50022.8,
both inclusive, of the Government Code of the State of California,
the City of Anaheim does hereby adopt by reference, except as
hereinafter in this chapter amended, the 1988 Edition of the
International Conference of Building Officials' Uniform Building
Code (hereinafter in this chapter referred to as the "Uniform
Building Code") with amendments thereto, and the Appendix thereof,
excluding Chapters 23, 38, 51 and 70 of the Appendix which Code
shall be deemed the Anaheim Building Code. At least one copy of
said Code shall be filed in the office of the City Clerk of the
City of Anaheim and shall be kept there for public inspection
while said Code is in force. The City Clerk shall at all times
maintain a reasonable supply of copies of said Code available for
purchase by the public at a moderate price not to exceed the
actual cost thereof to the City of Anaheim.
15.04.201 CREATION OF BUILDING DIVISION
Section 201 of the Uniform Building Code is hereby amended
to read as follows:
201. There is hereby established in the City, the
Building Division of the Community Development and Planning
Department, which shall be under the jurisdiction of the
Building Official designated by the appointing authority.
15.04.204 BOARD OF APPEALS
Section 204 of the Uniform Building Code is hereby amended
to read as follows:
204. In order to determine the stability of
alternative materials and methods of construction and to
provide for reasonable interpretations of the provisions of
this Code, there shall be, and is hereby, created a Board of
Appeals. The Building Official shall be an ex official
member and shall act as Secretary of the Board. The Board
of Appeals shall be the City Council. The Board may adopt
reasonable rules and regulations for conducting its
investigations and shall render all decisions and findings
in writing to the Building Official with a duplicate copy to
the appellant and may adopt such new legislation as is
consistent therewith.
15.04.304 FEES
Section 304 of the Uniform Building Code is hereby amended
by amending the first sentence of paragraph (a) thereof to read as
follows:
(a) The fee for each permit shall be as set forth
and established by resolution of the City Council of the
City of Anaheim. Any reference in this Code to Table No.
3-A shall be deemed to refer to the fee schedule as
established by resolution of the City Council and Table No.
3-A as set forth in this Code shall be deemed superseded by
the fee schedule as set forth in said resolution.
15.04.407 FRONT OF LOT
Section 407 of the Uniform Building Code is hereby amended
by amending the definition of "FRONT OF LOT" set forth therein to
read as follows:
FRONT OF LOT is the front boundary line of a lot
bordering on the street and, in the case of a corner lot,
the narrow portion of said lot will constitute the frontage.
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15.04.426 YARD
Section 426 of the Uniform Building Code is hereby amended
to read as follows:
426. YARD is an open, unoccupied space, other than a
court, unobstructed from the ground to the sky, except where
specifically provided by this Code, on the lot on which a
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
utilizing the same common open space shall be assumed to
have a property line between them.
15.04.1101 GROUP M OCCUPANCY DEFINED
Section 1101 of the Uniform Building Code is hereby amended
to read as follows:
1101. Group M. Occupancy shall be:
Division 1. Private garages, carport 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.
15.04.1214 ACCESS TO BUILDINGS AND FACILITIES
Section 1214 of the Uniform Building Code is hereby amended
to read as follows.
111214. Requirements of access to buildings and
facilities by the physically handicapped shall be as set
forth in Section 2-105(b)(9) of Part 2 of Title 24 of the
California Administrative Code."
15.07.1704 ROOFS
Section 1704 of the Uniform Building Code is hereby amended
to read as follows:
1704. Notwithstanding any other provision of this
Building Code and Appendix to the contrary, the roof
covering of any building hereinafter constructed regardless
of Type or Occupancy classification, including any
re -roofing of any existing building as specified in Chapter
32 of the Appendix hereto, shall be of noncombustible or
fire -retardant construction as defined in Section 3203(e) of
this Code.
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"Skylights shall be constructed as required in
Chapter 34.
"Penthouses shall be constructed as required in
Chapter 36.
"For use of plastics in roof, see Chapter 52.
"For attics: Access and Area, see Section 3205.
For Roof Drainage see Section 3207."
15.04.1807 SPECIAL PROVISIONS FOR GROUP B, DIVISION
2 OFFICE BUILDINGS AND GROUP R DIVISION
1 OCCUPANCIES
Section 1807(a) of the Uniform Building Code is hereby
amended by replacing the wording 'more than 75 feet above the
lowest level of fire department vehicle access' with the wording
'more than 55 feet above the lowest level of fire department
vehicle access.'
15.04.2623 MINIMUM SLAB REQUIREMENTS
Section 2623 of the Uniform Building Code is hereby amended
to read as follows:
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 water -proofed
membrane shall be under slab floors in I and R, Division 3,
occupancies.
15.04.3503 EXTERIOR NOISE
Chapter 35 of the Appendix of the Uniform Building Code is
hereby amended by adding Section 3503 as follows:
3503(a) Location and Orientation. Consistent with land use
standards, residential structures located in noise critical areas,
such as proximity to select system of county roads and city
streets (as specified in Section 186.4 of the State of California
Streets and Highway Code) railroads, rapid transit lines,
airports, or industrial areas, shall be designed to prevent the
intrusion of exterior noises beyond prescribed levels with all
exterior doors and windows in the closed position. Property
design shall include, but shall not be limited to, orientation of
the residential structure, set -backs, shielding, and sound
insulation of the building itself.
(b) Interior noise levels. Interior community noise
equivalent levels (CNEL) with windows, closed attributable to
exterior sources shall not exceed an annual CNEL of 45 dB in any
habitable room.
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(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 require an
acoustical analysis showing that the structure has been designed
to limit intruding noise to the prescribed allowable levels.
CNELs shall be as determined by the local jurisdiction in
accordance with its local general plan.
(d) Vehicular and industrial noise sources.
Residential buildings or structures to be located within exterior
community noise equivalent level contours of 60 dB of an existing
or adopted freeway, expressway, major street, thoroughfare,
railroad, or rapid transit line shall require an acoustical
analysis showing that the proposed building has been designed to
limit intruding noise to the allowable interior noise levels
prescribed in Section 3502b. Exceptions: Railroads where there
are no nighttime (10:00 p.m. to 7:00 a.m.) railway operations and
where daytime (7:00 a.m. to 10:00 p.m.) railway operations do not
exceed four (4) per day.
15.04.3504 COMPLIANCE
Chapter 35 of the Appendix of the Uniform Building Code is
hereby amended by adding Section 3504 as follows:
3504(a) 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 data), 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.
(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 adequate funds in escrow for the cost of said
testing. Such costs shall be chargeable to the complainant when
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such field tests show that compliance with these regulations is,
in fact, present. If such tests show noncompliance, then such
testing costs shall be borne by the owner or builder.
15.04.3805. LOCATION OF CLASS I STANDPIPES
Paragraph (c) of Section 3805 of the Appendix of the Uniform
Building Code is hereby amended to read as follows:
(c) 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.
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 standpipes shall be interconnected at the bottom."
SECTION 3.
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. Any person, firm or corporation
violating any provision of this ordinance or failing to comply
with any of its requirements 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 is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
SECTION 4. SEVERABILITY
The City Council of the City of Anaheim hereby declares that
should any section, paragraph, sentence or word of this chapter 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 chapter 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.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 1st day of August, 1989.
AY R OF THE ITY 7 ANAHEI
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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CLERK
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. 5050 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 25th day of July, 1989, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 1st day of August, 1989, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5050 on the 2nd day of August, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 2nd day of August, 1989.
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 Ordinance No. 5050 and was published once in the
Anaheim Bulletin on the 11th day of August, 1989.
CITY CLERK OF THE CITY' OF ANAHEIM