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3336ORDINANCE N0. 3336 -^ AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 159 CHAPTER 15.04 OF THE ANAHEIM MUNICI- PAL CODE AND ADOPTING THE 1973 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS UNIFORM BUILDING CODE, VOLUME I, WITH AMEND- MENTS THERETO, AND AMENDING TITLE 15, BY ADDING THERETO A NEW CHAPTER 15.04. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 15, Chapter 15.04 of the Anaheim Municipal Code be, and the same is, hereby repealed.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 Section 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, that Volume I of the Uniform Building Code, 1973 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. Section 15.04.010 ADOPTION OF CODE Pursuant to the provisions of Sections 50022.1 to 50022.82 both inclusive, of the Government Code of the State, the City of Anaheim does hereby adopt by reference Volume I, 1973 Edition, of the International Conference of Building Officials' Uniform Building Code with amendments thereto, and the Appendix, excluding; Chapters 23, 38, 51 and 70 of the Appendix; three (3) copies of said Code shall be filed in the office of the City Clerk of the City of Anaheim at least fifteen (15) days preceding the hearing hereinafter provided for and shall be kept there for public in- spection while said Code is in force; all of which copies shall be certified to be true copies by the City Clerk; following; the adoption of said Code, the City Clerk shall at all times maintain a reasonable supply of copies of said code available for purchase by the public. Section 15.04.201 CREATION OF BUILDING DIVISION Section 201 of. the Uniform Building Code is hereby amended to read as follows: Section 201. There'is hereby established in the City, the Division of Building of the Development Services Department, which shall be under the jurisdiction of the Building Official designa- ted by the appointing; authority. -1- Section 15.04.202 POWERS AND DUTIES OF THE BUILDING OFFICIAL Section 202 of the Uniform Building Code is hereby amended by replacing the wording 'Building Department' with the wording; 'Building Division' in paragraphs (b) and (c). Section 15.04.204 BOARD OF APPEALS Section 204 of the Uniform Building Code is hereby amended to read as follows: Section 204. In order to determine the suitability of alternate 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 officio 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 regu- lations 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. Section 15.04.205 VIOLATIONS AND PENALTIES Section 205 of the Uniform Building Code is hereby amended to read as follows: Section 205. The penalty for violation of any provisions of this code shall be as specified in Section 1.01.370 of the Anaheim T-Tunicipal Code. Section 15.04.303 FEES Section 303 of the Uniform Building Code is hereby amended to read as follows: Section 303. The fees which shall be paid to the Building Official for building; permits, inspection, and plan -checking shall be as determined and set forth by resolutions of the City Council. Section 15.04.407 FRONT OF LOT Section 407 of the Uniform Building Code is hereby amended to -read as follows: Section 407. 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. Section 15.04.420 SWIP.-MING POOL Section 420 of the Uniform Building; Code is hereby amended by adding thereto the following; paragraph: 'SWI>?MIING POOL. A swimming pool is defined as any body of water, created by artificial means to be used for swimming or immersion purposes, any portion of which exceeds eighteen (13) inches in depth.' -2- Section 15.014.426 YARD Section 426 of the Uniform Building Code is hereby amended to read as follows: Section 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 build- ing 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 be- tween them. Section 15.04.1501 GROUP J OCCUPANCY DEFINED Section 1501 of the Uniform Building Code is hereby amended to read as follows: Section 1501. Group J 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. Section 15.04.1807 SPECIAL PROVISIONS FOR GROUP F, DIVISION 2 OFFICE BUILDINGS AND GROUP H 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.' Section 1807(m)2 is hereby amended by deleting paragraph '(b) Spandrel protection required by Sec. 1807 may be omitted.' Section 15.04.2623 MINIATUM SLAB REQUIREMENTS Section 2623 of the Uniform Building Code is hereby amended to read as follows: Section 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 mem- brane oY two (2) inches of crushed rock three-fourths (3/4) inch maximum size shall be under slab floors in D, H and I occupancies. Section 15.04.3502 EXTERIOR NOISE Chapter 35 of the Appendix of the Uniform Building Code is hereby amended by adding Section 3502 as follows: Section 3502. (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 Mr. to prevent the intrusion of exterior noises beyond prescribed levels with all exterior doors and windows in the closed posi- tion. Proper design shall include, but shall not be limited to, orientation of the residential structure, set -backs, shield- ing, 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 C,\7EL of 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 require an acoustical analysis showing that the structure has been designed to limit intruding noise to the prescribed allowable levels. CNEL's shall be as determined by the local jurisdiction in ac- cordance 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 adop- ted freeway, expressway, major street, thoroughfare, railroad, or rapid transit line shall require an acoustical analysis show- ing that the proposed building has been designed to limit intrud- ing noise to the allowable interior noise levels prescribed in Section 3502b. Exceptions: Railroads where there are no night- time (10:00 p.m. to 7:00 a.m.) railway operations and where day- time (7:00 a.m. to 10:00 p.m.) railway operations do not exceed four (4) per day. Section 15.04.3503 COMPLIANCE Chapter 35 of the Appendix of the Uniform Building Code is hereby amended by adding Section 3503 as follows: Section 3503. (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 acous- tical 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 fu- ture 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 level requirements 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. -4- 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 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." SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby de- clares that should any -section, paragraph, sentence or word of this chanter of the Code hereby adonted'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 independ- ent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption, in the Anaheim Bulletin, a newspaper of general.eirculation, printed, published and e$rculated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and signed by me this 20th day of August ATTEST: d-irov CITY CLERK OF THE ITY OF AI1IAHEIM FAL, JR:fm -5- STATE OF CALIFORNIA ) ^ COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ALONA M.:HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 3336 was introduced at a regular meeting of the City Council of.the City of Anaheim, held on the 6th day of August, 1974, and that the same was duly passed and adopted at a regular meeting of said'City Council held on the 20th day of August, 1974, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Ordinance No. 3336 on the 20th day of August, 1974, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of August, 1974. CITY CLERK OF THE CITYAF Aw (SEAL) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 3336 and was published once in the Anaheim Bulletin on the 30th day of August, 1974. rte��, hi. 2LzEi,��- City Clerk