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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 That Chapter 15.04 of Title 1S of the Anaheim Municipal Code be, and the same is hereby, repealed.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. WX 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. -3- "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. -4- (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 -5- 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 JLW:ct:kh 1653L 070389 Wic 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