Ordinance No. 1120050
ORDINANCE NO. 1120
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTIONS 5 -1 AND 5 -2 OF CHAPTER 5 OF THE
CYPRESS MUNICIPAL CODE, THEREBY ADOPTING BY REFERENCE THE
FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 2010
EDITION OF THE CALIFORNIA BUILDING CODE, THE 2010 EDITION OF THE
CALIFORNIA RESIDENTIAL CODE, THE 2010 EDITION OF THE
CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2010 EDITION OF
THE CALIFORNIA MECHANICAL CODE, THE 1997 EDITION OF THE
UNIFORM HOUSING CODE, THE 1997 EDITION OF THE UNIFORM CODE
FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE 2006 EDITION
OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, AND
REPEALING ORDINANCE NO. 1093.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I: Section 5 -1 of Chapter 5 of the Cypress City Code hereby is
amended, in its entirety to read as follows:
"SECTION 5 -1 California Building Codes - Adopted; where filed.
The following hereby are adopted by reference and as amended by Section
5 -2 of this Chapter, as the Building Codes of the City of Cypress, one (1)
copy of each which is on file in the Office of the City Clerk:
a. California Building Code, 2010 edition, Part 2, Volumes I and II.
(Based on the 2009 International Building Code)
b. California Residential Code, 2010 edition. (Based on the 2009
International Residential Code)
c. California Green Building Standards Code, 2010 edition.
d. California Mechanical Code, 2010 edition. (Based on the 2009
Uniform Mechanical Code)
e. Uniform Housing Code, 1997 edition
f. Uniform Code for the Abatement of Dangerous Buildings, 1997
edition;
g.
International Property Maintenance Code, 2006 edition.
h. California Administrative Code, 2010 Edition."
SECTION II: Section 5 -2 of Chapter 5 of the Cypress City Code hereby is
amended to read as follows:
"SECTION 5 -2 California Building Codes - Amendments, additions and deletions.
(a) Findings: The following amendments and modifications to the 2010
editions of the California Building Codes are hereby found to be reasonably
necessary due to consideration of specific local climatic, geological or
topographical conditions as follows:
CALIFORNIA BUILDING CODE, 2010 EDITION
1. Climatic Condition: Hot, dry and strong Santa Ana winds directly
impact the City of Cypress, particularly during the fall and spring seasons.
The winds pose a substantial threat in contributing to the rapid spread of
fire, particularly within the City, where there are high density apartments and
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condominium complexes. The condition necessitates an increased level of
fire protection and on -site, automatic fire sprinklers systems.
2. Climatic Condition: The City of Cypress is located in a semi -arid,
Mediterranean climate, which predisposes all fuels, including wood
shingles, to rapid ignition of fire. Exacerbated by the condition of the high
winds, the danger of rapid spread of fire creates the need for additional fire
protection measures.
3. Geographic Condition: The City of Cypress lies, geographically,
within Seismic Zone No. 4. A zone 4 region evidences the existence of fault
lines, which are susceptible to seismic activity. This condition can impede
fire department activity to mitigate damages. Therefore, there exists a need
for both additional fire protection measures and automatic, on -site
protection for property occupants.
4. Geographic and Topographic Conditions: Traffic and circulation
congestion presently exist in Orange County and place fire department
response time to emergencies at risk. This condition makes the need for
automatic, on -site fire protection for property occupants necessary.
Placement of multiple- occupancy buildings, location of arterial roads, and
fire department staffing constraints due to revenue - limiting state legislation
have made it difficult for the fire department to locate additional fire stations
and provide manpower sufficient to concentrate fire apparatus and
personnel to control fires in high density apartment or condominium
complexes. This condition creates the need for on -site automatic fire
sprinkler systems.
5. Modification to Section 105.2, 115 and 1510 are administrative
amendments of local discretion.
6. Local fire service manpower and equipment limitations warrant the
need to limit height of the level where the public might await rescue and
also to create an emergency evacuation facility. (Section 403 - 910
amendments)
(b) Amendments: The following amendments are made to the California
Building Code, 2010 edition adopted by this Chapter:
1. Section 105.2 is amended to read as follows:
Exempted work. A building permit shall not be required for the
following:
2. One -story, detached accessory buildings used as tool or storage
sheds, playhouses or similar uses, provided the projected roof area does
not exceed one hundred twenty (120) square feet.
3. Block walls three (3) feet, five (5) inches or less. Wood fences not
over 6 feet high.
4. Oil derricks.
5. Retaining walls that are not over 4 feet in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge or
impounding Class I, II or IIIA liquids.
6. Water tanks supported directly upon grade if the capacity does not
exceed five thousand (5,000) gallons and the ratio of height to diameter or
width does not exceed two to one (2:1).
7. Sidewalks and driveways not more than (30) thirty inches above
adjacent grade, and not over any basement or story below and are part of
an accessible route.
8. Painting, papering, tiling, carpeting, cabinets, counter tops and
similar finish work.
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9. Temporary motion picture, television and theater stage sets and
scenery.
10. Prefabricated swimming pools accessory to a Group R -3 occupancy
that are less than 24 inches deep, do not exceed 5,000 gallons and are
entirely above ground.
11. Shade cloth structures constructed for nursery or agricultural
purposes, not including service systems.
12. Swings and other playground equipment accessory to detached one -
and two - family dwellings.
13. Window awnings supported by an exterior wall that do not project
more that 54 inches from the exterior wall and do not require additional
support of Group R -3 and U occupancies.
14. Non -fixed and movable fixtures, cases, racks, counters, and
partitions not over 5 feet 9 inches in height.
Unless otherwise exempted, separate plumbing, electrical and mechanical
permits may be required for the above exempted items.
Exemption from the permit requirements of this code shall not be deemed
to grant authorization for any work to be done in any manner in violation of
the provisions of this code or any other laws or ordinances of this
jurisdiction.
15. Section 115 is hereby amended to add the following:
At such time as a building, structure, or construction project has been
deemed a public nuisance by the Building Official, the entire lot shall be
fenced along its perimeter with a minimum six foot (6') high chain link fence.
The enclosure shall contain gates to allow construction traffic through.
When not in use, such gates shall be closed and locked.
16. Section 403.1 is amended as follows:
New high rise buildings having occupied floors located more than 55 feet
above the lowest level of fire department access and new group 1 -2
occupancies having occupied floors located more than 75 feet above the
lowest level of fire department access shall comply with Sections 403.2
through 403.6.
403.1.1 Definitions:
"High -rise structure" means every building of any type of construction or
occupancy having floors used for human occupancy located more than 75
55 feet above the lowest floor level having building access (see California
Building Code, Section 403.1.2), except buildings used in hospitals as
defined in Health and Safety Code Section 1250.
17. Section 403.4.7.2 Standby Power Loads, is hereby amended as
follows:
The following loads are classified as standby power loads:
1. Power and lighting for the fire command center required by
Section 403.4.5, and
2. Standby power shall be provided for elevators in accordance
with Sections 1007.4, 3003, 3003, and 3008.
3. .Section 403.4.8.1 Emergency Power loads, is hereby
amended as follows:
The following loads are classified as emergency power Toads:
1. Exit signs and means of egress illumination required by
Chapter 10;
2. Elevator car lighting;
3. Emergency voice /alarm communications system;
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4. Automatic fire detection systems,
5. Fire alarm systems; and
6. Ventilation and automatic fire detection equipment for
smokeproof enclosures.
18. Section 412.7.5, Emergency Helicopter Landing Facilities (EHLF), as
defined herein shall meet the requirements of amended Section 1108 of the
2010 California Fire Code.
EMERGENCY HELICOPTER LANDING FACILITY (EHLF). A
landing area on the roof of a high- rise building that is not intended to
function as a heliport or helistop but is capable of accommodating fire or
medical helicopters engaged in emergency operations, in accordance with
California Fire Code Section 1108. Federal Aviation Administration (FAA)
approval is not required for an EHLF.
19. Section 501.2 is hereby amended to read as follows:
Section 501.2. Approved numbers or addresses shall be provided
for all new buildings in such a position as to be plainly visible and legible
from the street or road fronting the property.
Said numbers shall contrast with their background. Any commercial
building occupied by more than one business shall have numbers or
addresses placed on or immediately adjacent to all doors that would allow
fire department access in an emergency situation. In no case shall the
numbers be less than four (4) inches for residential and six (6) inches for
commercial with a one (1) inch stroke.
Multiple units (i.e., apartments, condominium, townhouses,
businesses, etc.) having entrance doors not visible from the street or road
shall have approved numbers grouped for all businesses within each
structure and positioned so as to be plainly visible from the street or road.
Said numbers may be grouped on the wall of the structure or on a
substantial mounting post independent of the structure.
20. SECTION 903.2, is hereby amended as follows:
Section 903.2 Where required. Approved automatic sprinkler
systems in new buildings and structures shall be provided in the following
locations:
1. New buildings: Notwithstanding any applicable provisions of
Sections 903.2.1 through 903.2.12, an automatic fire - extinguishing system
shall also be installed in all occupancies when the total building area, as
defined in Section 502.1, exceeds 5,000 square feet, or more than two
stories in height, regardless of fire areas or allowable area. Exception:
Group R -3 occupancies. Group R -3 occupancies shall comply with
Section 903.2.8.
2. Existing Buildings: Notwithstanding any applicable
provisions of this code, an automatic sprinkler system shall be provided in
an existing building when an addition occurs and when one of the
following conditions exists:
a. When the addition is 33% or more of the existing building
area and the resulting area, as defined in Section 502.1, exceeds 5000
square feet; or
b. When the addition exceeds 2,000 square feet and the
resulting building area, as defined in Section 502.1, exceeds 5,000 square
feet; or
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c. An additional story is added above the second floor
regardless of fire areas or allowable area.
21. SECTION 903.2.8, Group R, is hereby amended as follows:
Section 903.2.8. An automatic sprinkler system installed in accordance
with Section 903.3 shall be provided throughout all buildings with a Group
R fire area as follows:
1. New buildings: An automatic sprinkler system shall be
installed throughout all new buildings.
2. Existing Buildings: An automatic sprinkler system shall be
installed throughout when one of the following conditions exists:
a. When an addition is 33% or more of the existing
building area, as defined in Section 502.1, and greater than 1,000 square
feet within a two year period; or
b. An addition when the existing building is already
provided with automatic sprinklers; or
c. When an existing Group R Occupancy is being
substantially renovated, and where the scope of the renovation is such
that the Building Code Official determines that the complexity of installing
a sprinkler system would be similar as in a new building.
22. SECTION 905.4, Location of Class I standpipe hose connections,
is hereby amended by adding items 7 and 8 as follows:
7. The centerline of the 2.5" outlet shall be no less than 18"
above and no more than 24" above the finished floor.
8. Every new building with any horizontal dimensions greater
than 300 feet (91,440 mm) shall be provided with either access doors or a
2.5" outlets so that all portions of the building can be reached with 150
feet (45,720) of hose from an access door or hose outlet. Required
access doors shall be located in the exterior of the building and shall be
accessible without the use of a ladder. The door dimensions shall be not
less than 3 feet (914 mm) in width, and not less than 6 feet 8 inches (2032
mm) in height.
23. SECTION 907.2.13, High -rise buildings, is hereby amended as
follows:
Section 907.2.13 High -rise buildings. High -rise buildings having
occupied floors located more than 55 feet above the lowest level of fire
department vehicle access and Group 1 -2 occupancies having floors
located more than 75 feet above the lowest level of fire department
vehicle access shall be provided with an automatic fire alarm system in
accordance with Section 907.2.13.1, a fire department communication
system in accordance with Section 907.2.13.2 and an emergency
voice /alarm communication system in accordance with Section 907.6.2.2.
Exceptions:
1. Airport traffic control towers in accordance with Section
907.2.22 and Section 412.
2. Open parking garages in accordance with Section 406.3.
3. Buildings with an occupancy in Group A -5 in accordance
with Section 303.1.
4. Low - hazard special occupancies in accordance with Section
503.1.1.
5. In Group 1 -1, and R -2.1 occupancies, the alarm shall sound
at a constantly attended location and general occupant notification shall
be broadcast by the emergency voice /alarm communication system.
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24. Section 907.5.2.2 is amended to add items 5 and 6 as follows:
At a minimum, paging zones shall be provided as follows:
1. Elevator groups.
2. Exit stairways.
3. Each floor.
4. Areas of refuge as defined in Section 1002.1.
5. Dwelling Units in apartment houses.
6. Hotel guest rooms or suites.
Exception: In Group 1 -1 and 1 -2 occupancies, the alarm shall sound
in a constantly attended area and a general occupant notification shall be
broadcast over the overhead page.
25. SECTION 907.9.3, High -rise building, is hereby amended as
follows:
Section 907.9.3 High -rise building. In buildings with a floor used for
human occupancy that is located more than 75 55 feet above the lowest
level of fire department vehicle access, a separate zone by floor shall be
provided for all of the following types of alarm- initiating devices where
provided:
1. Smoke detectors.
2. Sprinkler water -flow devices.
3. Manual fire alarm boxes.
4. Other approved types of automatic fire detection devices or
suppression systems.
26. SECTION 910.3.2.2, Sprinklered buildings, is hereby amended as
follows:
Section 910.3.2.2 Where installed in buildings equipped with an
approved automatic sprinkler system, smoke and heat vents shall be
designed to operate automatically by actuation of a heat - responsive
device rated at least 100° F above the operating temperature of the
sprinkler_
27. Section 1505.1 is hereby amended to the following:
Minimum Class B Roof Covering. The roof covering on any structure
regulated by this code shall be as specified in amended table 1505.1 and
shall be classified not less than Class B.
28. Table 1505.1 is hereby amended, by the deletion of Table 1505.1
and the addition of a new Table 1505.1 thereto, to read as follows:
TABLE 1505.1
MINIMUM ROOF COVERING CLASSIFICATIONS
TYPES OF CONSTRUCTION
1
A
1
B
11
A
11
B
111
A
III
B
1
V
V
A
V
B
B
B
B
B
B
B
B
B
B
29. Section 1505.1.3 is hereby amended, by the deletion of the entire
section and the addition of a new section thereto, to read as follows:
1505.1.3 Roof coverings within all other areas. The entire roof
covering of every existing structure where more than 50 percent of the total
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roof area is replaced within any one -year period, the entire roof covering of
every new structure, and any roof covering applied in the alteration, repair
or replacement of the roof of every existing structure, shall be a fire -
retardant roof covering that is at least Class B.
30. Section 1510.3 is hereby amended by adding the following:
Not more than one (1) overlay of asphalt shingles shall be applied
over an existing asphalt shingle roof.
Not more than one (1) overlay of asphalt shingle roofing shall be
applied over wood shingles. Asphalt shingles applied over wood shingles
shall have an overlay underlayment of not less than type 30 non - perforated
felt.
31. Section 1910 is hereby amended by adding the following:
Type V cement complying with table No. 19 -A -4 for severe sulfate
exposure or equal is required for use in all R -1, R -3 and U -1 Occupancies
footings and slabs on grade. Slabs on grade shall be protected from
exposure to moisture by not less than a 10 mil. thick moisture barrier.
32. Section 3109.4.1 is amended to clarify that pool barriers which are
already in the Code are scoped so as to apply on all private swimming
pools and is to read as follows:
Section 3109.4.4.1 is hereby amended by adding the following
definition:
PRIVATE POOL, is any constructed pool, permanent or portable,
which is intended for non - commercial use as a swimming pool by not more
than three owner families and their guests.
33. Section 3109.4.4.2 is modified by deleting the first paragraph in its
entirety and a new paragraph is substituted to read as follows:
3109.4.4.2 Construction permit; safety features required.
Commencing, January 1, 1998 except as provided in Section 3109.4.4.5,
whenever a construction permit is issued for construction of a new private
pool at a residence, it shall have an enclosure complying with 3109.4.1
through 3109.4.3.
(c) The following amendment is made to the California
Mechanical Code, 2010 edition, adopted by this Chapter.
34. Section 301.0 is hereby amended by adding the following paragraph:
Equipment regulated by this Code shall not be located in any
required front yard as established by the building code or zoning
ordinances. Equipment may be located in a required side yard subject to
Cypress Zoning Ordinance.
(d) The following amendment is made to the Uniform Housing
Code, 1997 edition, adopted by this Chapter:
35. Chapter 2 is hereby amended by adding thereto the following
sections:
Section 201.1 - Authority. The Building Official and the health officer
are hereby authorized and directed to administer and enforce all of the
provisions of this Code. For such purposes, they shall have the powers of
law enforcement officers.
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Section 201.2. Right of Entry. Whenever necessary to make an
inspection to enforce any of the provisions of this code and the technical
codes, or whenever the Building Official or health officer or their authorized
representatives have reasonable cause to believe that there exists in any
building, or upon any premises, any condition or code violation which
makes such building or premises unsafe, dangerous or hazardous, the
Building Official, the health officer or their authorized representatives may
enter such building or premises at all reasonable times, to inspect the same
or to perform any duty imposed upon the Building Official or the health
officer by such codes, provided that if such building or premises be
occupied, the Building Official, the health officer or their authorized
representatives, shall first present proper credentials and demand entry;
and if such building or premises be unoccupied, they shall first make
reasonable effort to locate the owner or other persons having charge or
control of the building or premises and request entry. If such entry is
refused, the Building Official, the health officer or their authorized
representatives shall have recourse to every remedy provided by law to
secure entry.
No owner or occupant or any other person having charge, care or
control of any building or premises shall fail or neglect, after proper request
is made as herein provided, to promptly permit entry therein by the Building
Official, the health officer or their authorized representatives for the purpose
of inspection and examination pursuant to this code. Any person violating
this subdivision shall be guilty of a misdemeanor, and subject to
punishment in accordance with Section 1 -7 of the Code of the City of
Cypress.
(e) The following amendments are added to California
Administrative Code, 2010 edition:
1. Chapter 1 is amended to add the following:
(a) Right of Entry. Whenever necessary to make an inspection to
enforce any of the provisions of this code and the technical codes, or
whenever the Building Official or health officer or their authorized
representatives have reasonable cause to believe that there exists in any
building, or upon any premises, any condition or code violation which
makes such building or premises unsafe, dangerous or hazardous, the
Building Official, the health officer or their authorized representatives may
enter such building or premises at all reasonable times, to inspect the same
or to perform any duty imposed upon the Building Official or the health
officer by such codes, provided that if such building or premises be
occupied, the Building Official, the health officer or their authorized
representatives, shall first present proper credentials and demand entry;
and if such building or premises be unoccupied, they shall first make
reasonable effort to locate the owner or other persons having charge or
control of the building or premises and request entry. If such entry is
refused, the Building Official, the health officer or their authorized
representatives shall have recourse to every remedy provided by law to
secure entry.
No owner or occupant or any other person having charge, care or
control of any building or premises shall fail or neglect, after proper request
is made as herein provided, to promptly permit entry therein by the Building
Official, the health officer or their authorized representatives for the purpose
of inspections and examination pursuant to this code. Any person violating
this subdivision shall be guilty of a misdemeanor, and subject to
punishment in accordance with Section 1 -7 of the Code of the City of
Cypress.
(f) The following amendments are added to the 2010 California
Residential Code:
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36. Section R902.1 through 902.2 is hereby amended as follows: Not
less than Class B roofing permitted. A minimum of Class A or B roof
covering is required.
(g) The 2010 California Green Building Code is hereby amended as
follows:
37. Section 202 is amended to add the following definition:
Sustainability. Consideration of present development and
construction impacts on the community, the economy, and the environment
without compromising the needs of the future.
38. Section 4304.1 is amended as follows:
Irrigation controllers: Automatic irrigation controllers for landscaping
provided and installed at the time of final inspection shall comply with the
following:
SECTION III: This Ordinance is exempt from the provisions of the California
Environmental Quality Act, ( "CEQA "), 14 California Code of Regulations Section
15061(b)(3).
SECTION IV: 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 or competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council of the City of Cypress hereby
declares that it would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase or portion hereof, irrespective of the fact that any one or more
section, subsections, clauses phrases, or portions be declared invalid or unconstitutional.
SECTION V: The City Clerk is hereby authorized and directed to certify as
the passage of this Ordinance and to give notice thereof by causing copies of this
Ordinance to be posted in three public places throughout the City.
FIRST READING at a regular meeting of the City Council of said City held on the 27th
day of September, 2010, and finally adopted and order posted at a regular meeting held
on the 11 t day of October, 2010.
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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MAYOR OF THE CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of said City Council
held on the 11th day of October, 2010, by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Luebben, Mills, Seymore, Bailey and Narain
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
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