Ordinance No. 9394I.3
ORDINANCE NO. 939
AN URGENCY 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 1994 EDITION OF THE UNIFORM
BUILDING CODE, THE 1994 EDITION OF THE UNIFORM MECHANICAL CODE,
THE 1994 EDITION OF THE UNIFORM HOUSING CODE, THE 1994 EDITION OF
THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,
THE 1994 EDITION OF THE ADMINISTRATIVE CODE AND THE 1994 EDITION
OF THE UNIFORM BUILDING CODE STANDARDS.
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, 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, 1994 edition, with appendices, Chapters 4, Div.
I, 11, 15, 29, 31, Div. III and 33.
b. Uniform Mechanical Code, 1994 edition, with appendices;
c. Uniform Housing Code, 1994 edition;
d. Uniform Code for the Abatement of Dangerous Buildings, 1994 edition;
e. Uniform Administrative Code, 1994 edition; and
f. Uniform Building Code Standards, 1994 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. The following amendments are made to the Uniform Building Code, 1994 edition adopted
by this Chapter:
1. Section 102 is hereby amended to add the following:
At such time as a building, structure of 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.
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.
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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 508 is hereby adopted by reference.
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.
5. 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.
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6. 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 Group B, office and Group R, Division 1 Occupancies each
having any area where the public might gain access to await rescue, 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
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.
7. 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.
8. Section 403.5.2 is hereby amended to read as follows:
1. Voice Alarm System. The operation of any smoke detector other than the
single station detectors located within the dwelling units in a Group R,
Division 1 Occupancy, sprinkler, water flow device or manual fire alarm
station shall automatically sound an alert signal to the desired areas,
followed by voice instructions giving appropriate information and direction
to the occupants.
The central control station shall contain controls for the voice alarm
system so that selective or general voice alarm may be manually initiated.
The system shall be supervised to cause the activation of an audible
trouble signal in the central control station upon interruption or failure of
the audiopath including amplifiers, speaker wiring, switches and electrical
contacts and shall detect opens, shorts and grounds which might impair
the function of the system.
The alarm shall be designed to be heard clearly by all occupants within
the building, or designated portions thereof, as is required for the public
address system.
The alarm system shall include visual indicators for the hearing impaired
in all public areas of the building including, but not limited to, elevators,
elevator lobbies, corridors, rest rooms, exit stairways, and rooms or
tenant spaces exceeding 1000 square feet in area.
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9. Section 403.9.1 is hereby added to read as follows:
Section 403.9.1. Helicopter Landing Pad.
1. The roof area shall include an emergency access and evacuation facility
for helicopters of not less than 15,000 pounds gross weight. This facility
shall have a touchdown pad of at least fifty (50) feet by fifty (50) feet and
a clear unobstructed landing and takeoff area with a minimum dimension
of one hundred (100) feet by one hundred (100) feet.
2. The landing pad shall be designed per Section 1609.3 of the Uniform
Building Code as adopted in this Municipal Code. Helicopter landing
areas and supports shall be of noncombustible construction.
3. The emergency evacuation facility shall have two (2) approach - departure
paths at a slope of no greater than eight (8) to one (1).
4. Any use of this emergency access and evacuation facility for purposes
other than emergency access and evacuation shall require prior Federal
Aviation Administration, as well as local building and fire department
approval.
5. A wind indicating device shall be provided.
6. The roof top shall be marked by an emergency marker as required by the
Chief.
7. The building emergency communication system shall extend to the roof.
10. Section 1009.7 is hereby amended by adding the following:
All required exit stairways shall be equipped with a barometric dampered
relief opening at the top and the stairway supplied mechanically with
sufficient air to discharge a minimum of 2500 cubic feet per minute
through the relief opening column in the stairway, relative to atmospheric
pressure, with all doors closed or shall be in a smokeproof enclosure in
accordance with Uniform Building Code, 1994 edition, Section 1009.7.
Activation of the mechanical equipment shall be in accordance with
Uniform Building Code, 1994 edition, Section 1009.7.
11. 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.
12. Section 904.2.8 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 modified
automatic sprinkler system installed.
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2. An approved modified automatic sprinkler system shall be installed throughout
all Group R, Division 3 occupancies.
Por the purposes of this section, area separation walls shall not define separate
buildings.
13. Section 1503 is hereby amended to read as follows:
Section 1503. The roof covering on any structure regulated by this code shall he
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, 1994 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.
14. Section 1504 is hereby revised by amending section 1504.3. and deleting section
1504.4.
Section 1504.3 is hereby amended to read as follows:
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.
Appendix Section 1516.2.2 is hereby amended to read as follows:
Over gravel- surfaced roof coverings. Over gravel- surfaced roof coverings, the
roof shall be cleaned of all loose gravel and debris. All blisters, buckles, and
other irregularities shall be cut and made smooth and secure. Minimum one -half
inch (1/2 ") insulation board shall be nailed or securely cemented to the existing
roofing with hot bitumen over which a new roof complying with Section 1503
shall he installed. When insulation board is to be attached with hot bitumen, the
existing surface shall be primed.
Appendix Section 1517.2 is hereby amended by adding the following:
Not more than one (1) overlay of asphalt shingles shall he applied over an existing
asphalt shingle roof.
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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.
15. Section 1904.3.1 is hereby amended by adding the following:
EXCEPTION 1. Type V cement complying with table No. 19 -A -3 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 niil. thick moisture barrier.
16. Fees not adopted.
Any and all fees established in Chapter 1 and chapter 70 of the Uniform Building
Code, 1994 edition, adopted by this Chapter, are hereby deleted.
17. Part III, Section 47.1813 of the Uniform Building Code Standards is hereby
adopted as part of the 1994 code change amendments.
B. The following amendment is made to the Uniform Mechanical Code, 1994 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 sideyard subject to Section 9.3(a) of the Cypress Zoning
Ordinance.
C. The following amendment is made to the Uniform I- Iousin Code, 1994 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.
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D. The following amendments are added to the Uniform Administrative Code, 1994 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.
SECTION III: This Ordinance is exempt from the provisions of the
California Environmental Quality Act, ( "CEQA "), Public Resources Code Section 21050 et seq.,
as an emergency action designed to protect the public health, safety, and welfare, 14 California
Code of Regulations 15269(c). The City Council finds that future actions taken by the City to
resolve the emergency necessitating the Urgency Ordinance will be subject to CEQA review at
the earliest possible date.
SECTION IV: This Ordinance is hereby declared to be an urgency measure
pursuant to Government Code Section 36937(b) and the Ordinance shall take effect immediately
upon its adoption and shall apply to all building permits issued from the effective date of this
Ordinance.
SECTION V: This Ordinance as an Urgency Ordinance shall only become
effective if adopted by a four - fifths (4 /5th) vote of the City Council.
SECTION VI: 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.
SECTION VII: Findings
Resolution No. 4563 dated November 13, 1995 is incorporated herein by reference and
the City Council makes the findings contained therein.
Passed and adopted by the City Council of the City of Cypress at a regular meeting held
on the 13th day of November, 1995.
AYOR OF THE CITY OF YPRESS
ATTEST:
CITY`'CLERK" F T E CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, 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 13th day of November , 1995, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry
NOES: 0 COUNCIL MEMBERS: None and Age
ABSENT: 0 COUNCIL MEMBERS: None
4I C Y CLE K OF TSE CITY OF CYPRESS