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95-200 RESOLUTION NO. 95R-200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETFING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE UNIFORM BUILDING, ELECTRICAL, MECHANICAL AND PLUMBING, SWIMMING POOL, SPA, AND HOT TUB, AND SOLAR ENERGY CODES. WHEREAS, Section 17958.5 of the Health and Safety Codes permits the City to make changes or modifications in the Uniform Codes as such changes or modifications are reasonably necessary because of local conditions; and WHEREAS, Section 17958.7 requires the City Council to make express findings of the necessity for changes or modifications in the Uniform Codes prior to adopting such changes or modifications; and WHEREAS, the Building Official of the City of Anaheim has recommended that the Uniform Codes be adopted by the City with certain changes or modifications which are necessary to meet local climatic, geographical or topographical conditions. NOW THEREFORE, BE IT RESOLVED, that the modifications and changes recommended by the Chief Building Official are hereby found to be necessary on account of local conditions as follows: A) Uniform Building Code - 1994 Edition. 1. Subsection 15.02.090.010 of the Anaheim Municipal Code. This amendment is necessary to clarify operational practices. Because of climatic conditions, consisting of dry and warmer conditions that allow construction to proceed year- round, projects can be on-going for extended periods creating unsafe and unsightly conditions. 2. Subsection 15.02.090.020 of the Anaheim Municipal Code. This amendment changes the definition of Front of Lot, and is necessary to make the Building and Zoning Codes compatible. 3. Subsection 15.02.090.030 of the Anaheim Municipal Code. This amendment is necessary to allow planned unit development with small lots in which an open space under common ownership provides the necessary distance between buildings to prevent conflagration. Said amendment is justified because the City of Anaheim is geographically located in an area which is subject to periodic extremely high velocity wind conditions. Said condition is further accentuated by the topographical features of the hill and canyon areas in the easterly portion of the City. The City of Anaheim is subject to seasonal high temperatures and dry atmospheric conditions which often occur during times of the high velocity winds as hereinabove described. This is consistent with the current building practices throughout the State. 4. Subsection 15.02.090.040 of the Anaheim Municipal Code. This amendment adds masonry fences over three (3) feet high to the definition of U Occupancy and is necessary in order to regulate this type of fence which is in common use as property line fences in residential tracts and is regulated by the Zoning Code. 5. Subsection 15.02.090.060, .070, .080, .100, and .110 of the Anaheim Municipal Code. The entire City of Anaheim is located in an area which is subject to periodic wind conditions of extremely high velocity; the City is also subject to seasonal high temperatures and dry atmospheric conditions which often occur during times of high-velocity winds. The water supply within the City of Anaheim makes extensive use of automate fire sprinklers feasible, as the area is favored with many sources of high-quality water, including spring, well, reservoir, and municipal water companies. The climatic conditions described above are further accentuated by the topographical features of the hill and canyon area on the easterly portion of the city, south of the Riverside (SR-91) Freeway and east of the Costa Mesa (SR-55) Freeway which has been designated as a "special-protection area". This "special- protection area" is especially susceptible to fires which may spread quickly from one structure to another due to lack of fire-protection devices, shrub/brush clearance requirements, and other fire-protection requirements needed to provide reasonable levels of fire safety. In order to correct existing conditions and prevent future conditions that are detrimental to the public health and safety and may result in serious injury, it is reasonably necessary for the City of Anaheim to require the provisions of the 1994 Uniform Fire Code as amended and adopted. Of all means reasonably known to the City, which could feasibly correct or avoid the injurious or detrimental condition, applying the requirements of the Uniform Fire Code, 1994 Edition, with amendments, is the most reasonable means to protect the health, safety and welfare of the public. Failure to apply these provisions would result in conditions injurious or detrimental to the public health and safety. The application of these provisions is reasonably necessary to correct or avoid injuries or detrimental conditions. 2 6. Subsection 15.02.090.120 of the Anaheim Municipal Code. This amendment is necessary to provide additional fire protection for Class I construction due to local climatic conditions of high velocity winds and high temperatures which create a high degree of fire danger not experienced generally throughout the State 7. Subsection 15.02.090.130 and .135 of the Anaheim Municipal Code. This amendment requires roof coverings to be noncombustible or fire retardant and Class A in all areas of the City of Anaheim located East of the Costa Mesa Freeway (SR- 55) and South of the Riverside Freeway (SR-91). This amendment is necessary because the City of Anaheim is geographically located in an area which is subject to periodic extremely high velocity wind conditions. Said condition is further accentuated by the topographical features of the hill and canyon areas in the easterly portion of the City. The City of Anaheim is subject to seasonal high temperatures and dry atmospheric conditions which often occur during times of the high velocity winds as hereinabove described. Due to the climatic, geographical and topographical conditions hereinabove described, the City of Anaheim is susceptible to fires which are of particular danger during ~ periods of high winds when fires tend to spread across building roofs where such roofs are not of noncombustible or fire-retardant construction. 8. Subsection 15.02.090.140 of the Anaheim Municipal Code. This amendment requires a vapor barrier beneath a concrete floor slab in Group I and R. Division 3, occupancies and is necessary because of local expansive and sandy soil conditions which contain a significant amount of moisture because of the close proximity of the Santa Ana River. 9. Subsection 15.02.090.150, .160, and .170 of the Anaheim Municipal Code. Because of local climatic conditions, consisting of dry and warmer conditions that promote greater outdoor activity, the need for additional swimming pool barriers and definitions are required. 10. Subsection 15.02.090.180 of the Anaheim Municipal Code. Because of geographical conditions which have increased urbanization and density and the increased proliferation of expressways, highways and railways through the City this amendment is necessary to require sound insulation in exterior walls of residential buildings in noise-critical areas and is necessary to comply with State laws and Council Policy 542. B) National Electrical Code - 1993 Edition. 1. Subsection 15.02.110.010 of the Anaheim Municipal Code. This amendment adds the definition "continuous special inspection" which inspection may be necessary because of local climatic and environmental conditions to avoid a hazard or danger to the safety of persons or property. 2. Subsection 15.02.110.020 of the Anaheim Municipal Code. The definition of "Qualified Person" has been expanded because the quality of workmanship and level of expertise has declined in the ongoing recessionary period experienced in this geographical area. This amendment is necessary to ensure the safety of each project. 3. Subsection 15.02.110.030 of the Anaheim Municipal Code. This amendment requires aluminum conductors, where expressly permitted, to be not less than #6 AWG in size unless installed under continuous special inspection. The City of Anaheim is geographically located in an area which is subject to periodic extremely high velocity wind conditions. Said condition is further accentuated by the topographical features of the hill and canyon areas in the easterly portion of the City. The City of Anaheim is subject to seasonal high temperatures and dry atmospheric conditions which often occur during times of the high velocity winds as hereinabove described. This amendment is necessary due to product studies for the locality which show this inspection is reasonably necessary because of the above-referenced climatic and environmental conditions to avoid a hazard or ~ danger to the safety of persons or property. 4. Subsection 15.02.110.040 of the Anaheim Municipal Code. This amendment requires the torquing of all conductor terminations required by the National Electric Code be verified by the contractor. This amendment is necessary because product studies for the locality show torquing should be verified to avoid a hazard to the safety of persons or property. This amendment is necessary because the City of Anaheim is geographically located in an area which is subject to periodic extremely high velocity wind conditions. Said condition is further accentuated by the topographical features of the hill and canyon areas in the easterly portion of the City. The City of Anaheim is subject to seasonal high temperatures and dry atmospheric conditions which often occur during times of the high velocity winds as hereinabove described. ~ 5. Subsection 15.02.110.050 of the Anaheim Municipal Code. This amendment requires undergrounding of electrical connectors to accessory buildings, uses and other specified locations. This amendment also requires raceways be installed to approved accessible locations where spare circuit protective devices, or space for such devices, are provided on the buss in any flush or semiflush mounted panel. It is necessary to require conductors to be placed underground due to the incidence of accidental contact by metal ladders, pipe, kites, swimming pool scoops and brushes, cranes and other similar items. Overhead conductors are also subject to being disconnected as a result of windstorms. If raceways are not provided when spare circuits are provided, a hazard is usually created when owners or tenants add additional wiring. There is no requirement for spare circuits but if they are provided, a raceway must be installed to utilize the circuits without damaging parts of the permanent structure. This amendment is necessary 4 because of local soil, wind and other climatic and geographical conditions. The City of Anaheim is subject to seasonal high temperatures and dry atmospheric conditions which often occur during times of the high velocity winds as hereinabove described. 6. Subsection 15.02.110.060 of the Anaheim Municipal Code. Local climatic conditions in the City of Anaheim consisting of seasonal high temperatures and dry atmospheric conditions creates a higher need for the protection of equipment as outlined in this amendment. 7. Subsection 15.02.110.070 of the Anaheim Municipal Code. Because of climatic conditions, consisting seasonal high temperatures and dry atmospheric conditions, a higher percentage of carports (in lieu of garages) in single and multiple-family dwellings and motels exist. This amendment establishes uniform safety and security standards for lighting in carports and garages. 8. Subsection 15.02.110.080 of the Anaheim Municipal Code. Utility company '~ conductors can deliver tremendous amounts of current when faulted which may be transferred to the structure, causing fire or explosion. The City of Anaheim is geographically located in an area which is subject to periodic extremely high velocity wind conditions. Said condition is further accentuated by the topographical features of the hill and canyon areas in the easterly portion of the City. The City of Anaheim is subject to seasonal high temperatures and dry atmospheric conditions which often occur during times of the high velocity winds as hereinabove described. This amendment provides reasonable protection of structures and would contain most of the faults within the raceway. 9. Subsection 15.02.110.090 of the Anaheim Municipal Code. This amendment requires a single fusible switch or automatic circuit breaker to disconnect all ungrounded conductors supplying each separately metered occupancy. The City of Anaheim is geographically located in an area which is subject to periodic extremely high velocity wind conditions. Said condition is further accentuated by the topographical features of the hill and canyon areas in the easterly portion of the City. The City of Anaheim is subject to seasonal high temperatures and dry atmospheric conditions which often occur during times of the high velocity winds as hereinabove described. This amendment is necessary because the above- described local climatic and geographical conditions and power consumption patterns associated therewith require a single main switch to avoid a hazard or danger to the safety of persons or property. In the absence of this amendment, the Code would allow up to six main disconnects for any occupancy or service, thus allowing connection of additional circuits to a service without any protection to panel buses from overloading. A single main disconnect, as required by this amendment, provides the necessary safety to the electrical system and, in addition, allows fast disconnection in time of emergency. 5 C) Uniform Mechanical Code - 1994 ICBO Edition. 1. Subsection 15.02.130.010 of the Anaheim Municipal Code. This amendment is necessary to clarify operational practices. Because of climatic conditions, consisting of dry and warmer conditions, projects can be on-going for extended periods creating unsafe and unsightly conditions. 2. Subsection 15.02.130.020 of the Anaheim Municipal Code. Because of local climatic conditions, consisting of dry and warm weather and wind conditions, the need for mechanical equipment on the roof is greater than in other jurisdictions. These amendments establish requirements for equipment location, equipment screening, and noise regulations that are consistent with local planning and zoning regulations. 3. Subsection 15.02.130.030. This amendment is necessary to provide a means of exhausting grease, moisture and odors in all residential units when a range hood is ~' installed over a kitchen range and to meet local climatic conditions consisting of dry and warmer conditions. 4. Subsection 15.02.130.040. This amendment controls the installation of certain air cooled equipment in confined spaces. This requirement was established due to past fire problems and is required because the City of Anaheim is geographically located in an area which is subject to periodic extremely high velocity wind conditions. Said condition is further accentuated by the topographical features of the hill and canyon areas in the easterly portion of the City. The City of Anaheim is subject to seasonal high temperatures and dry atmospheric conditions which often occur during times of the high velocity winds as hereinabove described. This amendment provides reasonable protection of structures and would contain most of the faults within the raceway. · ~e 5. Subsection 15.02.130.050 and .060. This amendment deletes Section 1024, 1025 and 1026 of Chapter 10 Appendix B. Also, deletes Chapter 14 from Appendix B in its entirety. These Sections are administrative and are under State jurisdiction. D) Uniform Plumbing Code - 1994 IAPMO Edition. 1. Subsection 15.02.140.010 of the Anaheim Municipal Code. This amendment is necessary to clarify operational practices. Because of climatic conditions, consisting of dry and warmer conditions, projects can be on-going for extended periods creating unsafe and unsightly conditions. E) Uniform Swimming Pool, Spa and Hot Tub Code - 1994 Edition. 1. Subsection 15.02.160.010 of the Anaheim Municipal Code. This amendment is necessary to clarify operational practices. Because of climatic conditions, consisting of dry and warmer conditions, projects can be on-going for extended periods creating unsafe and unsightly conditions. 2. Subsection 15.02.160.020 of the Anaheim Municipal Code. Because of local climatic conditions, consisting of dry and warmer conditions that promote greater outdoor activity, the need for additional swimming pool barriers and definitions are required. F) Uniform Solar Energy Code 1. Subsection 15.02.170.010 of the Anaheim Municipal Code. This amendment is necessary to clarify operational practices. Because of local climatic conditions, consisting of dry and warmer conditions, projects can be on-going for extended periods creating unsafe and unsightly conditions. BE IT FURTHER RESOLVED as to all of the Uniform Model Codes that said adoption of the Uniform Model Codes, with the local amendments, to be applicable throughout all areas of the City of Anaheim, including, with specific exceptions set forth hereinbelow, those areas governed by development agreements, is reasonably necessary to correct existing conditions and prevent future conditions that are detrimental to the public health and safety and may result in serious injury. In addition, of all the means reasonably known to the City which could feasibly correct or avoid the injurious or detrimental conditions, amending these codes is the most reasonable means to protect the health, safety and welfare of the public. Failure to apply these Uniform Codes, with the proposed amendments, within areas governed by development agreements would result in a condition injurious or detrimental to the public health and safety. Consequently, these provisions of the Uniform Model Codes, as adopted by reference by the City Council, with amendments thereto shall apply to all areas of the City of Anaheim which may be the subject of development agreements which became effective prior to the date of adoption of the Ordinance amending the Uniform Model Codes, and which development agreement(s) contain(s) any provision to the contrary. BE IT FURTHER RESOLVED that a copy of this Resolution, together with the Ordinances adopting the Uniform Codes as amended, be filed with the State Department of Housing and Community Development. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12~h day of Decetcher 1995. May/or of the Cityt of Anahei~t~ ATFEST: City Clerk of the City of Anaheim 14761.1\CFLYNN\December 22, 1995 8 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 Resolution No. 95R-200 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 12th day of December, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-200 on the 12th day of December, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of December, 1995. 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 Resolution No. 95R-200 was duly passed and adopted by the City Council of the City of Anaheim on this December 12th, 1995. CITY CLERK OF THE CITY OF ANAHEIM