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4245FOLLOWS - ORDINANCE NO. 4245 AN ORDINANCE OF THE CITY OF ANAHEIM REPEAL- ING CHAPTER 15.04 OF TITLE 15 OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING THE 1979 EDITION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' UNIFORM BUILDING CODE, WITH AMEND- MENTS 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 SECTION 1. That Chapter 15.04 of Title 15 of the Anaheim Municipal Code be, and the same is hereby, repealed.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, or by reason of the accepted principles or tests by recognized national or state authorities, technical or scientific organizations, that the Uniform Building Code, 1979 Edition, of the Inter- national 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 50022.8, both inclusive, of the Government Code of the ~- State. the City of Anaheim does hereby adopt by reference the 1979 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 inspection while said Code is in force, all of -1- 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 Building Division of the Planning Department, which shall be under the jurisdiction of the Building Official designated by the appointing authority. 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 regulations for conducting its investigations and shall render all deci- sions 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 Municipal Code. SECTION 15.04.304 FEES Section 304 of the Uniform Building Code is hereby amended to read as follows; Section 304 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. -2- SECTION 15.04.304(f) Paragraph (f) is hereby added to Section 304 of the Uniform Building Code to read as follows! Section 304(f) Prior to issuance of a building permit for any swimming pool, there shall be paid to the Building Division of the Planning Department a cash deposit in an amount as established by the City Council to guarantee the repair of any public improvements or public property, which may be damaged by such construc- tion, and to further guarantee the removal of all debris and construction material from any public property upon completion of construction. Any repair, removal, or maintenance work which is not completed within ten (10) days following written demand by the City to the permittee may be per- formed by the City, its employees, agents, or contrac- tors and the cost thereof deducted .from the aforesaid cash deposit. Upon completion of all such work, any portion of said cash deposit remaining shall be refunded to the permittee by the City. If the cost of said work exceeds the deposit amount, the permittee shall pay the amount of such difference within ten (10) days following receipt of a statement therefor from the City. The provisions of this paragraph shall not apply to any swimming pool constructed primarily of plastic or wood and containing less than one hundred (100) square feet of water surface area. SECTION 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 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 SWIMMING POOL Section 420 of the Uniform Building Code is hereby amended by adding thereto the following paragraph: SWIMMING 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 (18) inches in depth. -3- SECTION 15.04.426 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 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. SECTION 15.04.1101 GROUP J OCCUPANCY DEFINED Section 1101 of the Uniform Building Code is hereby amended to read as follows: Section 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. SECTION 15.04.1716 GUARDRAILS Section 1716 of the Uniform Building Code is hereby amended to read as follows: Section 1716 All unenclosed floor and roof openings, open and glazed sides of landings and ramps, balconies or porches which are more than 30 inches above grade or floor below, and roofs used for other than service of the building, shall be protected by a guardrail. Guardrails shall be not less than 42 inches in height. Open guardrail and stair railings shall have inter- mediate rails or an ornamental pattern such that a sphere six (6) inches in diameter cannot pass through. The height of stair railings on open sides may be as specified in Section 3305(i) in lieu of providing a guardrail. Ramps shall, in addition, have handrails when required by Section 3306. EXCEPTIONS: 1. Guardrails need not be provided on the loading side of loading docks. 2. Guardrials for Group R, Division 3 and Group M, Division 1 Occupancies may be 36 inches in height. -4- 3, Interior guardrails within individual dwelling units or guest rooms of Group R, Division Occupancies may be 36 inches in height. 4. The open space between the intermediate rails or ornamental pattern of guard- rails in areas of commercial and indus- trial type occupancies which are not accessible to the public may be increased such that a 12 -inch diameter sphere cannot pass through. 5. Guardrails on a balcony immediately in front of the first row of fixed seats and which are not at the end of an aisle may be 26 inches in height. SECTION 15.04.1807 SPECIAL PROVISIONS FOR GROUP B, DIVISION 2 OFFICE BUILDINGS AND GROUP R 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 15.04.2623 MINIMUM 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 membrane or two (2) inches of crushed rock three- fourths (3/4) inch maximum size shall be under slab floors in I, R and R Div. 3 occupancies. SECTION 15.04.3503 EXTERIOR NOISE Chapter 35 of the Appendix of the Uniform Building Code is hereby amended by adding Section 3503 as follows: "~ Section 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, -5- 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 posi- tion. Proper design shall include, but shall not be limited to, orientation of the residential structure, set -backs, shielding, and sound insulation of the build- ing itself. (b) Interior noise levels. Interior com- munity noise equivalent levels (CNEL) with windows, closed attributable to exterior sources shall not ex- ceed an annual CNEL 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 analy- sis 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 opera- tions and where daytime (7:00 a.m. to 10:00 p.m.) railway operations do not exceed four (4) per day. SECTION 15.04,3504 COMPLIANCE Chapter 35 of the Appendix of the Uniform Building Code is hereby amended by adding Section 3504 as follows: Section 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 re- lationship of noise sources and dwelling site, identifi- cation of noise sources and their characteristics, pre- dicted 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 effec- tiveness of the proposed construction showing that the prescribed interior noise level requirements are met. If interior allowable noise levels are met by requir- ing that windows be unopenab_le or closed, the design for the structure must also specify the means that will be employed to provide ventilation and cooling, if ne- cessary, to provide a habitable interior environment. (b) Field testing. When inspection indi- cates that the construction is not in accordance with the approved design, field testing may be required. Interior noise measurements shall be taken under condi- tions 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 com- plainant 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. I.f such tests show noncompliance, then such testing costs shall be borne by the owner or builder." 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 re- quirements of this ordinance. Any person, firm or corporation vio- lating 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 Five Hundred Dollars ($500.00) 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 chap- ter 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. 1WC SECTION 5. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal or amendment hereby 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 ordi- nance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and contin- uations, and not as new enactments. SECTION 6. The City Clerk shall certify to the passage of this or- dinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated 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 adopted by the City Council of the City of Anaheim this 1�h d�of August, 1981. ATTEST: I AXP*449E; CITY CLERK OF THE Y OF ANAHEIM JLW: _fm -8- OF THE-CIPY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4245 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 21st day of July, 1981, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 18th day of August, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4245 on the 18th day of August, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of August, 1981. CITY CLERK OF THE CIT OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4245 and was published once in the Anaheim Bulletin on the 28th day of August, 1981. rWT1 4 :�_.