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HomeMy WebLinkAbout1046 ~ ORDINANCE NO. 1046 ~5'.(~ ~ Om7 ~~ (Jro5Tp t 0/0'8( AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING BY REFERENCE A PRIMARY CODE ENTITLED "UNIFORM BUILDING CODE" (EDITION OF 1958) AND ALSO THE SECONDARY CODE REFERRED TO IN SAID PRIMARY CODE, AND REPEALING ORDINANCES NOS. 518, 536, 547, 578, 593, 609, 656, 668, 687, 709, 736, 822 AND 826. ~ THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: ~ SECTION 1. UNIFORM BUILDING CODE ADOPTED. With the ex- ception of the deletions and amendments set forth more particularly hereinafter, there is hereby adopted by reference the following code for the City of Arcadia, to wit: "Uniform Building Code", with ap- pendices thereof, a code prescribing regulations governing the erec- tion, construction, enlargement, alteration, repair, moving, removal, , ~' conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures, Edition 1958, proposed and recommended by the International Conference of Building Officials, 610 South Broadway, Los Angeles 14, California, which foregoing code is hereby designated as the "Primary Code" adopted by reference. SECTION 2. SECONDARY CODE ADOPTED. Volume III of the ~ above adopted Uniform Building Code, entitled "Volume III Uniform Building Code Standards", Edition 1958, a compilation of uniform standards, proposed and recommended by' the International Conference of Building Officials, 610 South Broadway, Los Angeles 14, Califor- nia, which foregoing code is hereby designated as the "Secondary Code", is hereby adopted by reference. ~ SECTION 3. PURPOSES. It is the intent and purpose of all of the aforesaid codes set forth herein to prescribe regula- r .tions consistent with nationally recognized standard practice to . ....~ -1- 1046 .. safeguard life or limb, health, property and public welfare by regu- lating and controlling the design, construction, quality of mate- rials, use and occupancy, location and maintenance of all buildings and structures within the City of Arcadia and certain equipment specifically regulated therein. SECTION 4. DEFINITIONS. The words used in each of the codes herein adopted by reference shall have the meaning ascribed to them within each respective code, and in addition thereto the folloWing words shall be understood and defined to have the meanings set forth in the following subsections: -r a. Whenever the term "City" or "City of " is used, it shall mean the City of Arcadia or the appropriate agency of said City as the context may reasonably require. b. Whenever the term "municipality" is used, it shall mean the City of Arcadia. c. Whenever the term "Legislative Body" or "City Council" .J.. is use, it shall mean the City Council of the City of Arcadia, Cali- fornia. d. Whenever the term "Building Official" is used, it shall mean the Chief Building Inspector of the City of Arcadia. e. Whenever the term "Building Department" is used, it shall refer to the Division of Building and Safety of the Department of Public Works of the City of Arcadia. ~ f. If any term used in said codes shall refer to an of- ficer, agency, board or body not set up by or within the City of Arcadia, the term shall be deemed to refer to such officer, body, or agency as shall in, fact be charged with the responsibility of per- forming the duty intended to be performed by said officer, agency, board or body. ~~~ J SECTION 5. AMENDMENTS, ADDITIONS AND DELETIONS. v ,0 lowing sections and provisions of the Uniform Building Code The fol-p.\IIt.l'\llt'il ORO. tlo. hereby /iI 10' r .. -2- 1046 ~ ~ adopted are hereby amended, deleted, repealed or augmented as more particularly set forth in the following subsections: a. Section 201 of Chapter 2 of the Uniform Building Code as adopted herein is hereby amended to read as follows: Section 201. There:is hereby established in the De- partment of Public Works of the City of Arcadia the Division of Building and Safety which shall be under the Jurisdiction of the Chief Building Inspector as designated by the appoint- ing authority. b. Section 204 of Chapter 2 of the Uniform Building Code as adopted herein is hereby amended to read as follows: Section 204. Upon written application of any person who deems himself aggrieved by the decision of the Chief Build- ing Inspector, relating to the use of any material or method of construction not specifically prescribed by this Code, and the use of which has been denied by the Chief Building Inspector pursuant to the provisions of Section 105, the said City Council shall at its next regular meeting hear all persons and all evi- dence relating thereto and shall upon the conclusion of said hearing render a final and conclusive determination upon said application. c. Chapter 2 of the Uniform Building Code as adopted herein is hereby amended by adding thereto a new section 204-A, the same to read as follows: Section 204-A. Upon written application by any in- terested person, stating the variance requested and the reasons therefor, the Council, by motion or resolution passed or adopted by vote of at least three members of the Council entered upon the minutes, may, after receipt of the written recommenda- tion of the City Engineer and Chief Building Inspector of said City, grant a variance from the requirements of anyone or more of the provisions of this Chapter upon the terms and con- ditions specified in the written recommendation of the City --. T ~ ~ r ~ -3- 1046 ~ Engineer a?d Chief Building Inspector. Upon receipt of such application, the City Clerk shall forthwith refer the same to the City Engineer and to the Chief BUilding Inspector for investigation and writt~n report by them to the Council within 15 days, and shall forthwith mail to the owners of any real property which adjoins and is within 50 feet of the property for which such variance application is made, -, notice that an application for a variance of the provisions of ~ this Chapter has been made and stating the time and place of the hearing to be held upon such application. Such hearing shall be held at the first regular meeting of the Council held 15 or more days after the filing of such application, but such hearing may be continued from time to time for good cause. Nothing herein contained shall preclude the holding of a spe- cial meeting of the Council at any time for the purpose of hear- ing and passing upon such application, provided that at least 3 days' written notice shall have been given to the owners of ~ any real property which adjoins and is within 50 feet of the property for which variance application is made. No notice shall be required when the applicant is the owner of all real property which adjoins or is within 50 feet of the real prop- , , erty for which such variance is requested and such fact is dis- closed in the application, or when all the owners of any real , property which adjoins and is within 50 feet of the property ~ for which variance application is made waive notice by written waiver signed by such party or parties and filed with the City Clerk, in either of which events the Council may hear and pass upon such application at any time upon receipt of the written report of the City Engineer and Chief Building Inspector. d. Section 205 of Chapter 2 of the Uniform Building Code is hereby deleted. r e. Section 301 of Chapter 3 of the Uniform Building Code as adopted herein is amended by adding thereto Subsection (b) 8 to . read as follows: -4- 1046 :> ~, 8. A statement of the names and addresses of all sub- contractors and material men who are to perform any work upon or supply any materials to or for the improvement or structure for which a permit is thus applied for. No final inspection or certificate of occupancy shall be given or issued unless and until the general contractor or owner shall, upon completion of the improvement or structure for which final inspection is sought or required, file in duplicate with the Chief Building Inspector, a verified statement containing the names and addresses of all subcontractors and material men, other than those set forth in the original application, who shall have performed work or fur- nished materials to or for the improvement or structure for which final inspection or certificate of occupancy is sought or re- quired. f. Section 302 (d) of Chapter 3 of the Uniform Building Code as adopted herein is hereby amended to read as follows: (d) Expiration. Every permit issued shall be valid for a period of one year from the date thereof; provided that any permit shall expire on the ninetieth day from date of issu- ance if the work permitted thereunder has not been commenced. After expiration, a new permit shall be obtained before any work is done, and the fee therefor shall be the fee required for an original permit, determined by the total valuation of the un- completed portion of the work. If a permit holder presents satisfactory evidence in writing that unusual construction dif~ ficultiea have prevented work being started within the ninety day period, or completed within one 'year, the Chief Building Inspector"may'grant'extens1ons of t1mereasonab1y necessary by reason of said difficulties. No request for such extension will be considered later than the.thirtieth day follOWing the date on which said permit would otherwise expire. g. Section 303 of Chapter 3 of the Uniform Building Code as adopted herein is amended to read as follows: .' ~ ~ .. ~ ..- .. -5- 1046 '\ -. ~ (a) Building Permit Fees. Before a building permit is issued a permit fee therefore shall be paid to the Building Official as set forth in Table No.3-A. Where work for which a permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees above specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully com- '-, plying with the requirements of this Code in the ex~cution of the work nor from any othe~ penalties prescribed herein. t TABLE NO. 3-A BUILDING PERMIT FEES TOTAL VALUATION FEE Less than $20.00 $20.00 to and including $100.00 More than 1100.00, to and including 1400.00 More than 400.00, to and including 700.00 More than 700.00, to and including 1,000.00 Each additional $1,000.00 or fraction, to and including $15,000.00 Each additional $1,000.00 or fraction, to and including $50,000.00 Each additional $1,000.00 or fraction exceeding $50,000.00 No Fee $1.00 2.00 3.00 4.00 2.00 1.00 0.50 ... (b) Plan-checking Fees. Before plans and specifica- tions are accepted for checking, a plan-checking fee in addi- tion to the building permit fee shall be paid to the Building Official. The plan-checking fee shall be one-half of the building permit fee. EXCEPTIONS: A plan-checking fee shall not be required . for: ... 1. Buildings or structures whose total valuation is less than $5,000.00; 2. Buildings of stud bearing wall construction with no floor or roof span in excess of twenty-four feet (24'); 3. Alterations and repairs of a non-structural nature. (c) Refund of Fees. Where no work has been done under .- a permit issued in accordance with the proviSions of this Ordi- nance, the City Controller of the City of Arcadia, with the ~ -6- 1046 ~, . ' '. specific approval of the City Manager of the City of Arcadia, may, upon written request from the. original permit holder filed before the expiration of said permit, refund not more than ninety percent (90~) of the,permit fee, provided that no re- fund shall be made by the City Controller until he has received a report from the Chief Building Inspector as to the cost of checking plans, where applicable, and other work incidental to issuing said permit. If the Chief Building Inspector reports that such costs exceed ten percent (10~) of the fee paid, the excess above ten percent (10~) shall be deducted from the amount which might otherwise be refunded by the City Controller. h. Section 305 of the Uniform Building Code as adopted f ~ herein is amended by adding thereto a new subsection 'I-A, the same to read as follows: I-A. Sub-frame Inspection: To be made after founda- tions have been poured and piers, girders and floor joists are in place, before sub-floor is laid. .. i. Section 2309 of the Uniform Building Code as adopted herein is hereby amended to read as follows: . Section 2309. Retaining walls shall be designed to resist the lateral pressure of the retained material in accord- ance with accepted engineering practice. Walls retaining drained earth may be designed for pressure equivalent to that exerted by a fluid weighing not less than 30 pounds per cubic foot and having a depth equal to that of the retained earth. -t Any surcharge shall be in addition to the equivalent fluid pressure. Retaining walls intended for permanently retaining earth cuts or fills adjacent to property lines or permanent buildings shall be of concrete, masonry or steel. j. Section 2507 of the Uniform Building Code as adopted herein is ,amended by amending subsection 4, the same to read as follows: ..' 4. Spacing. I No studding shall be spaced more tharr .. -7- 1046 ,. ... ... . l' . ~ sixteen inches (16") on center unless vertical support1ng mem- bers in the walls are designed as columns, or such walls may be constructed of not less than four-inch by four-inch (4"x4") posts spaced not more than five feet four inches (5'4") on center, or of larger members designed as required in this Chapter, or may be of post and beam framing with plank sheath- ing not less than one and one-half inches (1i-") thick. k. Section 2507 of the Uniform Building Code as adopted herein is amended by deleting therefrom subsection (c), 1. Section 2806 of the Uniform Building Code as adopted herein is amended by deleting therefrom subsection (a) 3. m. Section 3302 of the Uniform Building Code as adopted herein is amended by amending subsection (a), the same to read as follows: (a) Number of Persons. The number of persons per- mitted in any building or portion thereof shall not exceed those set forth in Table No. 33-A, except that where additional exit facilities are provided the occupancy load may be increased in accordance with Section 3302 (b) and (c) provided such in- crease shall not exceed the permissible occupancy load by more than ten percent (10%). SECTION 6. REPEALS. Ordinance No. 826, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, READOPTING THE UNIFORM BUILDING CODE, 1949 EDITION, WITH REVISIONS, AND REPEALING ORDINANCES 518, 536, 547, 578, 609, 656, 668, 681, 709, 736 AND 822 OF SAID CITY", adopted January 2, 1951; Ordinance No, 518, adopted June 20, 1944; Ordinance No, 536, adopted January 2, 1945; Ordinance No. 547, adopted May 1, 1945; Ordinance No. 578, adopted March 5, 1946; Ordinance No. 593, adopted June 28, 1946; Ordinance No. 609, adopted November 6, 1946; Ordinance No. 656, adopted July 1, 1947; Ordinance No. 668, adopted September 2, 1947; Ordinance No. 687, adopted January 6, 1948; Ordinance No. 709, -8- 1046 j. adopted June 2, 1948; Ordinance No. 736, adopted November 16, 1948; and Ordinance No. 822, adopted November 21, 1950; and all other ordi- nances in conflict herewith, are hereby repealed, SECTION 7, SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, including but not limited to any exemption by the decision of any court of competent jurisdiction, is for any reason held to 'be invalid or un- -, consti tutional by the decision of any ,court of competent jurisdic- tion' such decision shall not affect the validity of the remaining portions of this Ordinance. The Council of the City of Arcadia here- + by declares that it would. have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. 1 SECTION 8. PENALTY. It shall be unlawful for any person, firm, corporation, partnership, company or individual to erect, con- struct, enlarge, alter, repair, move, improve, remove, convert or demolish,equip, us~ occupy or maintain any building or structure in the City of Arcadia or cause the same to be done contrary to or in violation of any of the provisions of this Code, and any person so'violating this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provision of this Code is committed, continued or permitted, and upon conviction thereof shall be punished by a fine of not more than Five Hundred and nO/lOO Dollars ($500.00), or by imprisonment for not more than six (6) months in the City Jailor in the County Jail, or by both such fine and imprisonment. SECTION 9. CERTIFICATION. The City Clerk shall certify to the adoption of this Ordinance and prior to the expiration of fifteen (15) days from the passage thereof, shall cause the same .' ... -9- 1046 ~ to be published once in the Arcadia Tribune and Arcadia News, a news- paper of general circulation, published and circulated in the City of Arcadia, and thirty (30) days from and after the final passage thereof said Ordinance shall take effect and be in force, I HEREBY CERTIFY that the foregoing Ordinance was adopted ~ at a regular meeting of the City Council of the City of Arcadia, held on the 3rd day of February " 1959, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Jacobi, Camphouse, Balser, Reibold and Phillips 't NOES: None ABSENT: None ~~~ CHRISTINE VAN MAANEN City Clerk of the City of Arcadia . SIGNED AND APPROVED this 3rd day of February 1959. .. , ~D~fr?!i:f0 " Mayor of t::le City of Arcadia n ' ~AANE~ (SEAL) <' ..- ... -10- 1046