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HomeMy WebLinkAbout1748 "\,'C AN ORDINANCE OF THE CITY OF ARCADIA APPROVING A NEGATIVE DECLARATION AND MAKING FINDINGS OF LOCAL CLIMATIC CONDITIONS AND AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTIONS 8130.l1'AND 8130.12 TO AMEND SECTIONS 1601 AND 1704 OF THE ~IFORM BUILDING CODE, 1979 EDITION, TO REQUIRE CLASS A ROOF COVERINGS ON NEW CONSTRUCTION IN FIRE HAZARDOUS AREAS AND FIRE RETARDANT ROOF COVERINGS IN NON-FIRE HAZARDOUS AREAS The City Council of the City of Arcadia does hereby ordain as follows: SECTION 1. The City Council hereby finds and determines that this ordinance is necessary for and reasonably relates to the pro- per exercise of the police power to protect the health, safety and welfare of the public. SECTION 2. The City Co~cil hereby finds and determines that the changes and modifications made by this ordinance to the Uniform Building Code, 1979 Edition, are necessitated by local climatic conditions consisting of hillside development, low humidity, proximity of housing and ~ther structures, semi-arid climate, occasional high wind conditions or other fire hazard conditions that exist in the City of Arcadia. SECTION 3. The City Council hereby approves and files the negative declaration prepared for this ordinance and finds that this project will not have a significant effect on the environment and instructs the Planning Director to file a Notice of Determination with the County Clerk. SECTION 4. That the City Clerk is hereby instructed to file a certified copy of this ordinance after its adoption with the California State Department of Housing and Community Development in Sacramento. SECTION 5. That Section 8130.11 of the Arcadia Municipal Code is hereby amended to read as follows: ~/ {&- ~ ~ (A/ Y .~ -1- l748 ~ij130.11. ADDITION. Chapter lb 1S nereoy aaaea ~o Sd1a Uniform Building Code to read as follows: CHAPTER 16 RESTRICTIONS IN HAZARDOUS FIRE AREAS Section 1601. A. GENERAL. Notwithstanding any other provision of this Code and Appendix to the contrary and regardless of the Type or Occupancy classification, all buildings or structures hereafter erected, constructed, moved within or into the Hazardous Fire Areas as de- lineated by resolution of the City Council from time to time, shall be in compliance with the following requirements of this Subsection A:. 1. OVERHANGS. Roof soffits (including eaves) in excess of twelve inches (12") in width, open patios, carports, porches, un- enclosed under floor areas, and all open structures, attached or detached, shall be protected on the undersides with materials as approved for one-hour fire-resistive construction or shall be of incombustible material throughout. 2. VENTS. Vents installed in areas required to be one-hour fire-resistive construction or of incombustible material through- out, shall be fusible link type vents. 3. ROOFS. (a) SAME. NEW BUILDINGS OR STRUCTURES. or structure hereafter constructed shall have Any building a Class A roof covering. (b) SAME. ALTERATIONS, REPLACEMENTS OR REPAIRS. (1) 25% OR LESS. Alterations, replacements or repairs made to an existing roof which together with those made during the previous twelve-month period do not cumulatively exceed 25 percent of the area of said roof as it existed at the be- ginning of said twelve-month period may be made with materials like the material existing on said roof if said material was legal when installed -2- 1748 and if not legal when installed, then said materials shall be a fire retardant roof covering as specified in Section 3203(e) of this Code;' (2) OVER 25% - LESS THAN 50%. Alterations, replacements or repairs made to an existing roof which together with those made during the previous twelve-month period cumulatively exceed 25 percent but are cumulatively less than 50 percent of the area of said roof as it existed at the beginning of said twelve-month period shall be made with fire retardant roof covering as specified in Sec- tion 3203(e) of this Code. , (3) 50% OR MORE. Alterations, replacements or repairs made to an existing roof which together with those made during the previous twelve-month period are cumulatively 50 percent or more of the area of said roof as it existed at the beginning of said twelve-month period shall not be made un- less the entire existing roof is replaced with a Class A roof covering. (c) SAME. BUILDING OR STRUCTURE ADDITIONS. (1) 25% OR LESS. Roofs for structure or building additions which together with those in- stalled for additions during the previous twelve- month period do not cumulatively exceed 25 percent of the area of the roof as it existed at the beginning of said twelve-month period, and any alterations, replacements or repairs to the existing roof, required because of the addition, which do not together exceed 25 percent of the area existing roof, may be made with materials like the material on the existing roof if said material was legal when installed and if not legal when installed, then said materials shall be a fire retardant roof covering as specified in Section 3203(e) of this Code; -3- of the 1748 (2) OVER 25% - LESS THAN 50%. Roofs for structure or building additions which together with those installed for additions during the previous twelve-month period cumulatively exceed 25 percent but are cumulatively less than 50 percent of the area of the roof as it existed at the beginning of said twelve-month period, and any alterations, replacements or repairs to the existing roof required because of the addition shall be made with fire retardant roof covering as specified in Section 3203(e) of this Code; (3) 50% OR MORE. Roofs for structure or building additions which together with those in- stalled for additions during. the previous twelve- month period are cumulatively 50 percent or more of the area of said roof as it existed at the beginning of said twelve-month period and any alterations, replacements or repairs to the existing roof required because of the addition, shall be made with Class A roof covering, and if said required alterations, replacements or repairs together exceed 50 percent of the area of the existing roof, the entire existing roof shall be replaced with Class A roof covering." SECTION 6. That Section 8130.12 of the Arcadia Municipal Code is hereby amended to read as follows: "8130.12. AMENDMENT. Section 1704 of Chapter 17 of said Uniform Building Code is hereby amended to read as follows: ROOFS - NONHAZARDOUS FIRE AREA. Section 1704. Notwithstanding any other provision of this Code and Appendix to the contrary and regardless of the Type or Occupancy classification, all buildings or structures hereafter erected, constructed or moved outside of the Hazardous Fire Area as delineated by resolution of the City Council from time to time shall be in compliance with the following requirements of this Section. -4- 1748 A. SAME. NEW BUILDINGS OR STRUCTURES. Any building or structure roof covering as hereafter constructed shall have a fire retardant specified in Section 3203(e) of this Code; B. SAME. ALTERATIONS, REPLACEMENTS OR REPAIRS. (1) 25% OR LESS. Alterations, replacements or re- pairs made to an existing roof which together with those made during the previous twelve-month period do not cumulatively exceed 25 percent of the area of the roof as it existed at the beginning of said twelve-month period may be made with materials like the material existing on said roof i~ said material was legal when installed and if not legal when installed, then said materials shall be a fire retardant roof covering as specified in Section 3203(e) of this Code; (2) OVER 25% - LESS THAN 50%. Alterations, re- placements or repairs made to an existing roof which together with those made during the previous twelve- month period cumulatively exceed 25 percent but are cumulatively less than 50 percent of the area of said roof as it existed at the beginning of said twelve- month period shall be made with fire retardant roof covering as specified in Section 3203(e) of this Code; (3) 50% OR MORE. Alterations, replacements or repairs made to an existing roof which together with those made during the previous twelve-month period are cumulatively 50 percent or more of the area of said roof as it existed at the beginning of said twelve- month period shall not be made unless the entire exist- ing roof is replaced with a fire retardant roof covering as specified in Section 3203(e) of this Code; C. SAME. BUILDING OR STRUCTURE ADDITIONS. (1) 25% OR LESS. Roofs for structure or building for addi- do not additions which together with those installed tions during the previous twelve-month period cumulatively exceed 25 percent of the area of said roof -5- 1748 as it existed at the beginning of said twelve-month period and any alterations, replacements or repairs to the existing roof required because of the addition which do not together exceed 25 percent of the area of the existing roof may be made with materials like the material on the existing roof if said material was legal when installed, and if not legal when installed then said materials shall be a fire retardant roof covering as specified in, Section 3203(e) of this Code; (2) OVER 25%. Roofs for structure or building additions which together with those installed for addi- tions during the previous twelve-month period cumula- tively exceed 25 percent of the area of said roof as it existed at the beginning of said twelve-month period and any alterations, replacements or repairs to the existing roof required because of the addition shall be made with fire retardant roof covering as specified in Section 3203(e) of this Code; (3) Notwithstanding subsections C (1) and C (2) above to the contrary, if alterations, replacements or repairs are required of an existing roof because of any structure or building addition and if the alterations replacements or repairs together exceed 50 percent of the area of the existing roof, the entire existing roof shall be replaced with fire retardant roof covering as specified in Section 3203(e) of this Code; -6- 1748 SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it ~ould 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 unconstitut~onal. SECTION 8. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which Violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to ,be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 9. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. PASSED AND ing held on the SIGNED AND ADOPTED BY THE CITY COUNCIL of the City of Arcadia 17th day of August, 1982. APPROVED this 17th day of August, 1982. at its regular meet- &~~2~ City Clerk of the Clty of Arcadia ,... Mayor of t I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 17th day of Aug.ust, 1982 ' by the affirmative vote of at least three Councilmen, to Wlt: AYES: Councilmen Haltom, Hannah & Pel~egrino NOES.: Councilman Lojeski ABSENT: Councilman Dring ~ / 6?~Z~/~ ./ City Clerk of the City of Arcadia -7- l748