Ordinance No. 1032144
ORDINANCE NO. 1032
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
SECTIONS 5 -1 AND 5 -2 OF CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY
ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN
AMENDMENTS THERETO: THE 1997 EDITION OF THE T TNIFORM RIM .DING CODE,
ALSO KNOWN AS THE 2001 CALIFORNIA BUILDING CODE, THE 2000 EDITION OF
THE T TNTFORM MECHANICAI . CODE,, ALSO KNOWN AS THE 2001 CALIFORNIA
MECHANICAL CODE, THE 1997 EDITION OF THE UNIFORM HOT TSING CODE, THE
1997 EDITION OF THE I TNTFORM CODE FOR THE AR ATFMENT OF DANGFROI TS
RT TEL DINGS, THE 1997 EDITION OF THE I TNTFOR M ADMTNTSTR ATIV E CODE. AND
THE 2001 EDITION OF THE I TNTFORM RT TIT .DING CODE STANDARDS AND
REPEALING ORDINANCE NO. 989
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION I. Sections 5 -1 and 5 -2 of the Cypress City Code hereby is amended to
read as follows:
SECTION 5 -1 ITniform 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. T Tniform Building Code, 1997 edition, with appendices, Part 2, Volumes I,
II, and III. (Also known as the 2001 California Building Code)
b. 1Tniform Mechanical Code, 2000 edition, with appendices; (Also known as
the 2001 California Mechanical Code)
c. T Tniform Housing Code, 1997 edition
d. T Tniform Code for the Abatement of Dangerous Buildings, 1997 edition;
e. 1Tniform Administrative Code, 1997 edition; and
f. Uniform Rnilding Code Standards, 1997 edition. (also known as the 2001
California Building Standards Code)
SECTION R. Section 5 -2 of Chapter 5 of the Cypress City Code hereby is amended
to read as follows:
•\
on : . I 1 -ion-i .11 .1 .11 S - II I
A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cypress that
the following amendments and modifications to the 2001 editions of the California Building Codes
contained in Ordinance No 1032 are hereby found to be reasonably necessary due to consideration
of specific local climatic, geological or topographical conditions as follows:
CALIFORNIA BUILDING CODE, 2001 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
condominium complexes. The condition necessitates an increased level of
fire protection and on -site, automatic fire sprinklers systems. (Section 508)
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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. (Section 1504)
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. (Sections 904.2.2, 904.2.9 and 904.5.2)
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.
(Section 508, 904.2.2 and 904.2.9)
5. Modification to Section 103, 106.1 and 1701.1 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, 403.1, 403.3, and
419)
CAT .TFORNIA MRCHANTCAL CODE, 2001 EDTTTON
1. All modifications to this Code are administrative amendments of local
discretion.
TTNTFORM ADMINISTRATIVE CODE, 1997 EDMON
1. All modifications to this Code are administrative amendments of local
discretion.
T TNTFORM CODE FOR THE ABATEMENT OF D ANGER OT TS RT ITT .DINGS
1997 EDITION
1. All modifications to this Code are administrative amendments of local
discretion.
TTNIFORM BT TIT .DING CODE STANDARDS
1. All modifications to this Code are administrative amendments of local
discretion.
B. The following amendments are made to the California Building Code., 2001 edition adopted
by this Chapter:
1. Section 102 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
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entry.
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.
This amendment is necessary to secure nuisance properties from unauthorized
2. Section 106.2 is amended to read as follows:
b. Exempted work. A building permit shall not be required for the following:
1. 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.
2. Block walls three (3) feet, five (5) inches or less Wctud fences not
over 6 feet high.
3. Oil derricks.
4. Movable cases, counters and partitions not over five (5) feet, nine (9)
inches high.
5. Retaining walls that are not over four (4) feet in height, measured
from the bottom of the footing to the top of the wall, unless
supporting a surcharge or impounding flammable 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. Platforms, walks and driveways not more than (30) thirty inches
above grade and not over any basement or story below.
8. Painting, papering and similar finish work.
9. Temporary motion picture, television and theater stage sets and
scenery.
10. Window awnings supported by an exterior wall of Group R,
Division 3 and Group U Occupancies, when projecting not more
than fifty -four (54) inches.
11. Prefabricated swimming pools accessory to a Group R, Division 3
Occupancy in which the pool walls are entirely above the adjacent
grade and if the capacity does not exceed five thousand (5,000)
gallons.
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.
These amendments are necessary to provide consistency with the zoning provisions of the
Cypress Municipal Code.
3. HIGH RISE PROVISIONS
SECTION 403 — SPECIAL PROVISIONS FOR
AI T . OCCI TPANCIFS
Section 403.1 is hereby amended to read as follows:
Section 403.1. Scope. In addition to other applicable requirements of these
regulations, and Section 2 -1807 of C.C.R., Title 24, the provisions of this section
shall apply to all Occupancies, each having floors for human occupancy located
more than 75 f�Lt 55 feet above the level of Fire Department vehicle access. Such
buildings shall be of Type 1 or Type 2 -F.R. construction and shall be provided with
an approved automatic sprinkler system in accordance with Section 403.2.
Section 403.1.1 (For SFM) In addition to other applicable requirements of these
regulations, the provisions of this section shall apply to every new building of any
type of construction or occupancy having floors used for human occupancy located
more than 75 fi,,,t 55 feet above the lowest floor having building access.
EXCEPTION: The following structures, while classified as high -rise buildings,
shall not be subject to the provisions of this section but shall conform to all other
applicable provisions of these regulations:
A. Buildings used exclusively as open parking garages.
B. Buildings where all floors above the 55 -foot level are used
exclusively as open parking garages.
C. Floors of buildings used exclusively as open parking garages and
located above all other floors used for human occupancy.
D. Buildings such as power plants, lookout towers, steeples, grain
houses and similar structures with non - continuous human
occupancy, when so determined by the enforcing agency.
E. Buildings used exclusively for jails and prisons.
Section 1005.3.3.7 is amended as follows:
1005.3.3.7 Pressurized Enclosures. In a building having a floor level used for
human occupancy located more than 75 fca 55 feet above the lowest level of fire
department vehicle access, all required exit enclosures shall be pressurized in
accordance with Section 905 of this section. Pressurization shall occur
automatically upon activation of an approved fire alarm system.
EXCEPTION: If the building is not equipped with a fire alarm system,
pressurization shall be upon activation of a spot -type smoke detector listed
for releasing service located within 5 feet of each vestibule entry.
A controlled relief vent capable of discharging a minimum of 2500 cubic
feet per minute of air at the design pressure difference shall be located in the
upper portion of such pressurized exit enclosure.
These amendments are necessary to mitigate fire hazards due local climatic,
geographic, topographic, and geological conditions 1 — 6 in Section A of this
document, and to maintain consistency with the proposed fire code amendments,
4. Section 502 is hereby amended to read as follows:
Section 502. 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.
This amendment is necessary to specify the size and type of address numbers for
better fire department response due to local conditions 1 — 6 in Section A of this
document.
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5. Section 904.2.2 is hereby amended by adding Item 6 as follows:
Except for Group R, Division 3 and Group U occupancies, an automatic fire
sprinkler system shall be installed:
6. In all new buildings or structures, when the gross square footage thereof exceeds
6,000 square feet, or more than two (2) stories in height.
EXCEPTION: Open parking structures, are exempted.
For the purposes of this section, area separation walls shall not define separate
buildings.
This amendment is necessary to mitigate fire hazards due to local climatic,
geographic, topographical, and geologic conditions 1 — 6 in Section A of this
document.
6. Section 904.2.9 is hereby deleted and the following substituted:
All new Group R, Division 1 Occupancies shall have an approved automatic
sprinkler system installed. Residential or quick response standard sprinkler heads
shall be used in the dwelling portion of the building.
2. An approved automatic sprinkler system shall be installed throughout all Group
R, Division 3 detached one and two family dwellings ftxreeding 3600 square feet
For the purposes of this section, area separation walls shall not define separate
buildings.
This amendment is necessary to mitigate fire hazards due to local climatic,
geographic, topographic, and geological conditions 1 — 6 in Section A of this
document.
7. Section 1503 is hereby amended to read as follows:
Section 1503. The roof covering on any structure regulated by this code shall be as
specified in Table No. 15 -A and as classified in Section 1504, ftxcept that no roof
covering shall he less than a Class C roofing assembly
The roof - covering assembly includes the roofdeck, underlayment, interlayment,
insulation, and covering, which is assigned a roof - covering classification.
EXCEPTION: 1. Re- roofing. Roof covering for all re- roofing shall conform to
applicable provisions of Uniform Building Code, 1997 edition, Section 1504 as
amended herein, except that the roof covering shall not be a lower classification
than the existing roof, and also except that roof covering for the re- roofing of less
than ten percent (10 %) of the area of a roof in any one -year period may consist of
material comparable to the remainder of the roof, provided the same conforms to the
requirements of Chapter 15 of said Code.
This amendment is necessary to provide consistency with the zoning provisions of
the Cypress Municipal Code.
8. Section 1504 is hereby revised by amending section 1504.3.
Section 1504.3 is hereby amended to read as follows:
Minimum Class C Roof Covering. Class C shall be any Class C roofing assembly,
including the following:
1. Any mineral aggregate surface built -up roof for application to roofs having a
slope of not more than three (3) inches in twelve (12) inches, applied as
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specified in Section 3208(b)4, consisting of not less than the following:
Roofing Plies:
Three layers of felt, and
Surfacing Material:
300 pounds per roofing square of gravel or other approved surfacing
material, or 250 pounds per roofing square of crushed slag.
2. Wood shingles - fire retardant.
3. Wood shakes - fire retardant.
This amendment is necessary to provide roof coverings complying with the latest
State mandated requirements for fire retardants roofs.
9. Appendix Section 1516.3(1) 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.
This amendment is necessary to ensure proper attachment of overlay roofing
materials and to maintain the original structural integrity of the roof support
framing.
10. Section 1904.3.1 is hereby amended by adding the following:
EXCEPTION 1. 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.
This amendment is necessary due to soils throughout the city possessing a high
sulfate content, which breaks down concrete. Amendment is based on
recommendations from a study conducted years ago after slab failures were
discovered in the region.
11. Fees not adopted.
Any and all fees established in Chapter 1 and Appendix Chapter 33 of the California
Building Code, 2001 edition, adopted by this Chapter, are hereby deleted.
C. The following amendment is made to the California Mechanical Code, 2001 edition,
adopted by this Chapter:
1. 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.
This amendment is necessary to provide consistency with the zoning provisions of
the Cypress Municipal Code.
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D. The following amendment is made to the T Tniform Housing Code, 1997 edition, adopted by
this Chapter:
1. 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.
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.
This amendment is necessary to provide the County Health Officer with the same
right of entry provisions as the Building Division staff.
E. The following amendments are added to the T Tniform Administrative Code, 1997 edition,
adopted by this Chapter:
1. Section 202.3 is amended to read as follows:
(c) 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.
This amendment is necessary to provide building division staff right of entry
provisions consistent with the Cypress Municipal Code.
SECTION ITT- This Ordinance is exempt from the provisions of the California
Environmental Quality Act, ( "CEQA "), 14 California Code of Regulations Section 15061(b)(3).
SECTION W. Severability
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.
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 READ at a regular meeting of the City Council of the City of Cypress held
on the 14th day of October 2002, and finally adopted and ordered posted at a regular meeting held
on the 28th day of October 2002.
MAY OF THE CITY OF CYPRESS
ATTEST:
STA 1'E OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, JILL R. INGRAM- GUERTIN, City Clerk of the City of Cypress, DO HEREBY
CERTIFY THAT THE FOREGOING Ordinance was duly adopted at a regular meeting of the said
City Council held on the 28th day of October 2002, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Y CLERK OF T. :6 CITY OF CYPRESS
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