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Ordinance No. 989470 ORDINANCE NO. 989 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 UNIFORM BUILDING CODE, ALSO KNOWN AS THE 1998 CALIFORNIA BUILDING CODE, THE 1997 EDITION OF THE UNIFORM MECHANICAL CODE, ALSO KNOWN AS THE 1998 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 1997 EDITION OF THE ADMINISTRATIVE CODE AND THE 1997 EDITION OF THE UNIFORM BUILDING CODE STANDARDS AND REPEALING ORDINANCE NO. 945 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 Uniform 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. Uniform Building Code, 1997 edition, with appendices, Volumes I, II, and III. (Also known as the 1998 California Building Code) b. Uniform Mechanical Code, 1997 edition, with appendices; (Also known as the 1998 California Mechanical Code) c. Uniform Housing Code, 1997 edition; d. Uniform Code for the Abatement of Dangerous Buildings, 1997 edition; e. Uniform Administrative Code, 1997 edition; and f. Uniform Building Code Standards, 1997 edition. SECTION II: Section 5 -2 of Chapter 5 of the Cypress City Code hereby is amended to read as follows: SECTION 5 -2 Uniform Building Codes - Amendments, additions and deletions. A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cypress that the following amendments and modifications to the 1997 editions of the Building Codes contained in Ordinance No. 989 are hereby found to be reasonably necessary due to consideration of specific local climatic, geological or topographical conditions as follows: UNIFORM BUILDING CODE, 1997 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) 2. Climatic Condition: The City of Cypress is located in a semi -arid, Mediterranean climate which predisposes all fuels, including wood 471 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) UNIFORM MECHANICAL CODE, 1997 EDITION 1. All modifications to this Code are administrative amendments of local discretion. UNIFORM ADMINISTRATIVE CODE, 1997 EDITION 1. All modifications to this Code are administrative amendments of local discretion. UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION 1. All modifications to this Code are administrative amendments of local discretion. UNIFORM BUILDING CODE STANDARDS 1. All modifications to this Code are administrative amendments of local discretion. B. The following amendments are made to the Uniform Building Code, 1997 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 perimeter with a minimum six foot (6') high chain link fence. The enclosure shall 472 contain gates to allow construction traffic through. When not in use, such gates shall be closed and locked. 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. Blockwalls three (3) feet, five (5) inches or less. 3. Oil derricks. 4. Movable cases, counters and partitions not over five (5) feet, nine (9) inches high. 5. Retaining walls which 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 thirty (30) 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. 3. Section 310.9.1.1 is hereby amended by adding thereto a new paragraph to read as follows: Section 310.9.1.1 Installation and Maintenance. It shall be the responsibility of the owner to supply and install all required smoke detectors. The owner or individual in possession of the property shall be responsible for testing all required smoke detectors. 4. 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, located more than 55 feet above the level of Fire Department vehicle access. Such buildings shall be provided with an approved automatic sprinkler system in accordance with Section 403.2.1. 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 473 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 noncontinuous human occupancy, when so determined by the enforcing agency. E. Buildings used exclusively for jails and prisons. 5. Section 403.3 is hereby amended by adding thereto a new paragraph to read as follows: Section 403.3. Indicating Lights. All smoke detectors connected to the alarm system shall have a light that indicates the status of the detector. When a detector is located in a space above a drop ceiling, the indicating light shall be located on or below the ceiling grid. 6. 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. 7. Section 904.2.2 is hereby amended by adding Item 6 as follows: 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, B -3 occupancy, are exempted. For the purposes of this section, area separation walls shall not define separate buildings. 8. Section 904.2.9 is hereby amended to read as follows: Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed throughout apartment houses three (3) or more stories in height or containing sixteen (16) or more dwelling units, in congregate residences three (3) or more stories in height and having an occupant load of fifty (50) or more and in hotels three (3) or more stories in height or containing twenty (20) or more guest rooms. Residential or quick- response standard sprinklers shall be used in the dwelling units and guest room portions of the building. All other Group R, Division 1 Occupancies shall have an approved automatic sprinkler system installed. 2. An approved automatic sprinkler system shall be installed throughout all Group R, Division 3 occupancies exceeding 3600 square feet. For the purposes of this section, area separation walls shall not define separate buildings. 9. 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, except that no roof covering shall be 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. 10. 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 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. 11. 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. 12. 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. 13. Fees not adopted. Any and all fees established in Chapter 1 and Chapter 70 of the Uniform Building Code, 1997 edition, adopted by this Chapter, are hereby deleted. C. The following amendment is made to the Uniform Mechanical Code, 1997 edition, 475 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 sideyard subject to Cypress Zoning Ordinance. D. The following amendment is made to the Uniform 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. E. The following amendments are added to the Uniform 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. 476 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. 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: 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 24th day of May 1999, and finally adopted and ordered posted at a regular meeting held on the 14th day of June 1999. MAYOR OF THE CITY OF CYPRESS ATTEST: - 4- crrY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, LILLIAN M. HAINA, 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 14th day of June , 1999, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Piercy, Sondhi NOES: 0 COUNCIL MEMBERS: None and Keenan ABSENT: 0 COUNCIL MEMBERS: None 4ixt___01_ CITY CLERK OF THE CITY OF CYPRESS