Ordinance No. 740ORDINANCE NO. 740
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
SECTIONS 5 -1 AND 5 -2 OF CHAPTER 5 AND REPEALING SECTIONS 5 -3
AND 5 -4 OF CHAPTER 5 AND CHAPTER 14 OF THE CYPRESS CITY CODE,
THEREBY ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN
AMENDMENTS THERETO: THE 1982 EDITION OF THE UNIFORM BUILDING
CODE, THE 1982 EDITION OF THE UNIFORM MECHANICAL CODE, THE 1982
EDITION OF THE UNIFORM HOUSING CODE, THE 1982 EDITION OF THE
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE 1982
EDITION OF THE UNIFORM FIRE CODE, THE 1982 EDITION OF THE UNIFORM
BUILDING CODE STANDARDS, AND THE 1982 EDITION OF THE UNIFORM FIRE
CODE STANDARDS.
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 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, 1982 edition;
(b) Uniform Mechanical Code, 1982 edition;
(c) Uniform Housing Code, 1982 edition;
(d) Uniform Code for the Abatement of Dangerous Buildings, 1982 edition;
(e) Uniform Fire Code, 1982 edition;
(f) Uniform Building Code Standards 1982 edition; and
(g) Uniform Fire Code Standards, 1982 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, 1982 edition
adopted by this Chapter:"
(1) Section 205 is amended to read as follows:
"Section 205. It shall be unlawful for any person, firm, or corporation
to erect, construct, enlarge, alter, repair, move, improve, remove, con-
vert, or demolish, equip, use, occupy, or maintain any building or struc-
ture in the City, or cause the same to be done, contrary to, or in viola-
tion of any of the provisions of this Code. Any person, firm, or corporation
violating any of the provisions of this Code shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punishable by a fine of
not more than five hundred dollars ($500), or by imprisonment for not more
than six (6) months, or by both such fine and imprisonment."
(2) Section 301(a) is amended to read as follows:
"(a) Permits Required. It shall be unlawful for any person, firm, or
corporation to erect, construct, enlarge, alter, repair, roof or re -roof,
move, improve, remove, convert or demolish any building or structure regu-
lated by this Code, except as specified in subsection (b) of this section,
or cause the same to be done without first obtaining a separate permit for
each building or structure from the Building Official."
(3)
Section 305 (e) is amended to add the following:
"6. Re -Roof inspection: All re- roofing shall conform to the applicable
provisions of Chapter 32 (appendix) of this Code. A final inspection
shall be obtained from the Building Official when the re- roofing is
complete."
(4) Section 306 (a) is amended to add Item 13 as follows:
"13. Structural Steel: A special inspector is required to be present
during the entire period of erection of the structural steel framework.
Building of a minor nature shall be sufficiently inspected to satisfy the
inspector that steel members and their assembly comply with all regulations."
(5) Section 510 (b) is hereby amended by deleting the last paragraph and adding
the following:
"Shower stalls and the bathtub enclosures used as shower stalls shall be
plastered with Portland cement plaster as required for the first two (2)
coats of exterior work. Such plaster shall be carried to a height of
not less than six (6) feet above the drain outlet and across the full
width of the door jamb. In the case of tub enclosures, said plaster shall
be carried at least four (4) inches beyond the outer edge of the tub.
Metal reinforcement and backing shall be as required for exterior plaster-
ing in Chapter 47."
"Exception: This Section shall not apply to approved pre-
fabricated shower enclosures when not installed adjacent to
fire resistive construction."
(6) Section 1210 (a) is amended by adding thereto the following: "When there
is a change in ownership in existing Group R, Division 1 and 3 occupancies,
the entire building shall be provided with smoke detectors located as
required for new Group R, Division 1 and 3 occupancies. Seller shall
provide a certificate of compliance prior to close of escrow."
Section 1715 (d) is amended by adding the following:
"When the area so served houses more than two tenants, the area shall
have access to an exit independent of the atrium."
(8) Section 2504 (a) is amended by amending the last paragraph to read as
follows:
(7)
"Values for plywood shall be in accordance with Table No 25 -B. All
plywood when designed to be exposed in outdoor applications shall be
of the exterior type."
(9) Section 3202 (b) is hereby amended by deleting Items 1, 2, and 3; then
adding:
"(1) New Roofs. Roof covering for new construction shall be fire retardant
as specified in Section 3203 -e for Types I, II, III, IV and V buildings
where a roof pitch less than twelve (12) inches in twelve (12) inches
occurs."
"(2) Re-- Roofing: Roof covering for all re- roofing shall conform to
applicable provisions of Uniform Building Code Section 3203 -(f) 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 compar-
able to the remainder of the roof, provided the same conforms to the
requirements of Chaptr 32 (appendix) of this Code."
"(3) Additions, Alterations or Repairs shall be constructed as re-
quired in Section 104 -b."
(10) Section 3203 (f) is amended to read as follows:
"Section 3203 (f) Ordinary Roof Covering. An ordinary roof covering shall
be any one of the following roofings:
1. Any roof covering listed in Section 3203 (e).
2. Any built -up roofing assembly not less than Class C roofing.
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a� Any mineral aggregate surface built -up roof for application to
roof having a slope of not more than three (3) inches to twelve (12)
inches, applied as specified in Section 3203(d)2, consisting of not
less than three (3) layers of Type 15 organic or inorganic fiber
felt base sheet and plies and the following surfacing materials:
Three hundred (300) pounds per roofing square of gravel or other
approved surfacing material; or
250 pounds per roofing square of crushed slag in 50 pounds of
asphalt; or
60 pounds of pitch.
4. Any prepared roofing not less than Class C Roofing.
5. Class C pressure- treated wood shingles and wood shakes meeting
Uniform Building Code Standard No. 32 -7."
(11) Appendix Section 5301 (b) is hereby amended to read as follows:
"Note: Refer to California Energy Resources Conservation and Development
Commission's regulations establishing Energy Conservation Standards for
new non - residential buildings and the erection, construction, enlarge-
ment, conversion, alteration and repair of all residential buildings,
including hotels, motels, apartment houses and dwellings. These regula-
tions are in Section T -20 -1400 through T -20 -1464 and Parts 2 -5301 through
2 -5365 of Title 24 of the California Administrative Code."
(12) Fees Not Adopted
"Any and all fees established in Chapter 3 and Chapter 70 of the Uniform
Building Code, 1982 edition, adopted by this Chapter, are hereby deleted.
Fees shall be established by separate action of the City Council."
(13) Adoption of the Code Appendix
"Chapters 11, 32, 49, 53 and 70, only, of the Appendix to the Uniform
Building Code, 1982 edition, are hereby adopted as effective and working
parts of the building code."
(B) The following amendments are made to the Uniform Mechanical Code, 1982 edition,
adopted by this Chapter:
(1) Section 500 is amended by adding the following paragraph:
"Equipment regulated by this Code shall not be located in any required
front or side yard as established by the building code or zoning
ordinances."
(2) Fees repealed
"Any and all fees established in Chapter 3 of the Uniform Mechanical
Code, 1982 edition, adopted by this Chapter, are hereby deleted.
Fees shall be established by separate action of the City Council."
(3) Adoption of the Code Appendix
"Appendices A, B, and C of the Uniform Mechanical Code, 1982 edition,
are hereby adopted as effective and working parts of the mechanical code."
(C) The following amendments are made to the Uniform Housing Code, 1982 edition,
adopted by this Chapter:
(1) Chapter 2 is hereby amended by adding thereto the following sections:
"Section 201(a). 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 a law enforcement officer."
"Section 201(b). Right of Entry. Whenever necessary to make an
inspection to enforce any of the provisions of this Code, or whenever
the Building Official, the health officer, or their authorized represen-
tatives have reasonable cause to believe that there exists in any building
or upon any premises any condition which makes such building or premises
sub- standard, as defined in Section H -202 of this Code, the Building
Official, the health officer, or their authorized representatives may enter
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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 this Code; provided that, if such building or premises be occu-
pied, they shall first present proper credentials and request entry; and
if such building or premises be unoccupied, they shall first make a rea-
sonable effort to locate the owner or other persons having charge or con-
trol 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 sub - division shall be guilty of a misdemeanor."
(D) The following amendments are Added to the Uniform Fire Code, 1982 edition,
adopted by this Chapter:
(1)
"Section 3.101 is hereby amended by adding thereto the following:
Any person, firm or corporation violating any of the provisions of this
code, except as noted, shall be deemed guilty of a misdemeanor and each
such person shall be deemed guilty of a separate offense for each and
every day or portion thereof during which any violation of any of the
provisions of this code is committed, continued or permitted; and upon
conviction of any such violation, such person shall be punished by fine
of not more than five hundred dollars ($500) or by imprisonment for not
more than six (6) months, or by both such fine and imprisonment."
(2) "Section 10.206 is hereby amended by adding thereto the following:
Any person violating this Section shall be guilty of an infraction."
(3) "Section 10.207 is hereby amended by adding the following:
(g) No person shall park any vehicle or place any object in any
fire lane, clearly designated as such by 'no parking' signs
and /or other appropriate notice, or park or place any object,
obstruction or vehicle in, on or across an established or des-
ignated exit, driveway, alleyway or access road, whether public
or private, in such manner as to hamper the movement of any
emergency vehicles and equipment in the event of fire or other
emergency. This prohibition applies to, but is not limited to,
areas in and about any church, hospital, assembly hall, lodge
hall, school, hotel, motel, condominium, apartment building,
theatre, industrial complex, motion picture theatre, stadium,
shopping center, restaurant, tent, or other place of public
assembly, whether open or closed.
Any vehicle parked or any object placed in a fire lane or any
of the aforementioned areas shall be subject to an infractional
citation and /or immediate removal and storage pursuant of law.
(h) The provisions of this Section may be enforced by the local law
enforcement agency and /or fire department."
(4) Section 10.307 is hereby amended by adding subsections (e) , (f) , (g) , (h) ,
and (1) to read as follows:
"(e) Fire Warning Systems.
(1) Every existing dwelling unit within an apartment house and
every existing guest room in a hotel or lodging house used for
sleeping purposes shall be provided with State Fire Marshal
approved smoke detectors. In dwelling units, detectors shall
be mounted on the ceiling or wall at a point centrally located
in the corridor or area giving access to rooms used for sleeping
purposes. In an efficiency dwelling unit, hotel sleeping rooms
and in hotel suites, the detector shall be centrally located
on the ceiling of the main room or hotel sleeping room.
Where sleeping rooms are on an upper level, the detector shall be
placed at the center of the ceiling directly above the interior
stairway. All detectors shall be located in accordance with
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approved manufacturer's instructions. When actuated, the detec-
tor shall provide an alarm in the dwelling unit or guest room.
(2) Smoke detectors may be battery - operated when installed in
existing buildings, or in buildings without commercial power.
(f) Installation and Maintenance
(1) Hotels - It shall be the responsibility of the owner to supply,
install and maintain all required smoke detectors. The owner shall
be responsible for annual testing of all required smoke detectors
no later than March 10 of each year and maintaining a written
record of such tests.
(2) Apartments - The owner and tenant shall be responsible as
follows:
a. It shall be the responsibility of the owner to supply, install,
and maintain all required smoke detectors and to test them
whenever a unit becomes vacant.
b. The tenant shall be responsible for annual testing of all
required smoke detectors installed in living units. Within
60 days of the first day of each year, the owner shall notify
each tenant of the annual smoke detector testing requirements.
c. Within 10 days of such testing, and in no event later than
March 10 of each year, each tenant shall notify the owner, in
writing, on a form provided by the owner to such tenant, of
the condition of each required smoke detector installed in
the living unit.
d. Upon receipt of a written notice from a tenant that a smoke
detector is in need of maintenance, the owner shall perform
such maintenance as is necessary within 10 days of receipt
of such notification.
(3) The hotel or apartment owner shall maintain records of compliance
for a period of three (3) years from March 10 of each year.
(g)
Inspections.
An inspection for compliance may be done concurrent with other
fire prevention inspections at apartment houses, efficiency units
and hotels. Inspection for compliance may be done in accordance
with a sampling plan approved by the Chief.
(h) When there is a sale of an existing single family residence,
the structure shall be provided with smoke detectors located as
required for New Group R, Division 3 Occupancies as required in
the Uniform Building Code, 1982 edition. The Seller is to provide
compliance with this provision. Smoke detectors may be battery
operated when installed in existing buildings.
(i) In all existing Group R, Division I Occupancies, the entire build-
ing shall be provided with smoke detectors located as required
for New Group R, Division I Occupancies."
(5) Section 10.316 is hereby added to read as follows:
"Section 10.316 - Special Provisions for High -Rise Buildings. The high-
rise requirements set forth in the Uniform Building Code, Section 1807, and
Title 24, Section 2 -1807, shall apply to all buildings having floors used
for human occupancy located more than 55 feet above or below the lowest
floor level having building access by the Fire Department."
(6) Sections 78.102 - 78.103 and 78.104 are hereby amended to read as follows:
"The sale of safe and sane fireworks (as defined by Section 12504 of
California Health and Safety Code) shall be permitted only under the follow-
ing conditions:
1. No fireworks shall be sold unless a permit to do so is first
obtained and no fireworks shall be sold other than on July 3 and
July 4 between the hours of 10:00 a.m. and 10:00 p.m.
2. No application for a permit will be considered or granted which is
not accompanied by a license issued by the State Fire Marshal of
California.
3. The violation of any law pertaining to the sale of fireworks shall
automatically render this permit void.
4. No person shall sell, offer for sale, or discharge any fireworks
within a distance of one hundred (100) feet of any pump or dis-
pensing device for flammable liquids nor within fifty (50) feet of
any structure or tent.
5. At least one (1) approved water -type fire extinguisher must be
provided for every twenty (20) feet of stand frontage.
6. Temporary stands shall be constructed of materials equal to
twenty -eight gauge sheet metal or three - eighths (3/8) inch exterior
plywood. A minimum of two (2), thirty -inch exits shall be provided
and are to remain open during hours of sale.
7. No permit shall be issued for the sale of fireworks from a tem-
porary fireworks stand unless the applicant shall file an applica-
tion therefor on a form approved by City of Cypress together with
cash bond in the sum of fifty dollars ($50) in a form acceptable
to the City of Cypress, the condition of which shall be as follows:
That the fireworks stand be removed and the premises upon which it
was located cleaned of all debris of every description and the
premises restored to the condition they were in prior to the erec-
tion of the fireworks stand by July llth of the year for which
such permit was issued. If the work of removal of the fireworks
stand and cleaning the premises be not completed within the time
herein provided, then and in that event, the cash bond shall be
deemed to be summarily forfeited in its entirety, and the City
of Cypress shall perform the work of removing the fireworks stand
and cleaning the premises.
8. No application for a permit for the sale of fireworks at a
fireworks stand shall be considered or granted which is not
accompanied by the written consent of the owner of the
premises upon which the fireworks stand is proposed to be
located consenting to the entry upon the premises by the
City for the purpose of removing the fireworks stand and
cleaning the premises in case the permittee shall default
therein.
9. No fireworks stand shall be located closer than five (5) feet
to the right -of -way line of any public road or highway, or at
any location which does not otherwise meet with the approval of
the Chief.
10. No signs shall be erected or maintained in connection with a
fireworks stand which shall create a traffic hazard.
11. Storage of fireworks shall be in the fireworks stand or at
locations approved by the Chief. Fireworks stands used for
storage shall be under twenty -four hour supervision of an
alert adult. No sleeping inside of fireworks stands shall be
permitted at any time.
12. 'No Smoking' signs shall be posted in easily visible locations
on all sides of the fireworks stand. No smoking shall be
permitted within fifty (50) feet of any fireworks stand.
13. No permit will be issued for the sale of fireworks at a tem-
porary fireworks stand except in Zones OP, CN, CG, or CH, as
the same are established by the Zoning Ordinance for the
City of Cypress.
14. No person shall allow any rubbish to accumulate in or within
fifty (50) feet where any fireworks are stored or sold.
15. At least one person eighteen (18) years of age or older shall
be in attendance at all times. No person less than eighteen
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(18) years of age shall be permitted inside the stand. No
person under the age of eighteen (18) shall be permitted to
purchase fireworks either directly fromthe permit holder or
indirectly through any agent or employee of the permit holder;
and it shall be the duty of the person selling fireworks to
verify the age of the purchaser by an inspection of his or
her driver's license. There shall be prominently displayed
in the stand one or more signs, readable from the area at which
purchases will be made, stating that purchasers must be at
least eighteen (18) years of age and must produce a driver's
license as proof of age. The sale of fireworks to a person
under the age of eighteen (18) shall render the permit void
and shall make the permit holder ineligible for any future per-
mits under this subsection.
16. Any fireworks stand that is to be energized will require an elec-
trical permit from the Building Division, to be obtained by, and work
installed by a state licensed contractor.
17. Each application for a permit shall be accompanied by a certi-
ficate from an insurer, licensed to do business in the state,
to the effect that the applicant has in effect, for the period
commencing May 31 and ending on July 15 of the year for which
the permit application was filed, one or more policies of
comprehensive public liability insurance insuring against all
claims for injuries to persons or property arising out of or in
connection with the activities of the applicant related in any
way to the sale of fireworks. Such policy or policies shall
have limits of not less than five hundred thousand dollars
($500,000) for injuries to persons and not less than one hundred
thousand dollars ($100,000) for damage to property. Such certi-
ficate shall specify that the City of Cypress is named as an
additional insured under the policy or policies evidenced thereby
and that such policy or policies may not be cancelled without
ten (10) days' written notice to the City of Cypress.
18. By accepting a permit from the City, the applicant agrees to
hold harmless, indemnify and defend the City, its officers,
agents and employees from and against every claim or demand
for personal injury or property damage caused by any act of
neglect, default, commission or omission of the applicant or
its officers, agents and employees.
19. No fireworks stand shall be moved onto or erected upon any
property prior to June 23, and all fireworks stands shall be
removed and the premises upon which they were located cleaned
of all debris prior to July 12.
20. No person shall discharge any fireworks except between sundown
and 11 :00 p.m. on July 4."
(7) Section 81.106(d) is amended to read as follows:
"(d) The control switches shall be located in a room on the access
roadway side of the building. The room shall be separated from
the remainder of the building by a one -hour fire - resistive
occupancy separation in accordance with the Building Code. An
access door shall be provided in the exterior wall. A smoke
control sign of contrasting background shall be on the exterior
access door and shall be not less than one inch in height."
(8) Section 81.107(a) is amended to read as follows:
"Sec. 81.107(a) Roof vents and draft curtains shall be installed
when the contiguous area (minimum separation between areas is
60 feet) used for high piled combustible stock exceeds 2500 square
feet.
EXCEPTION: Areas protected by an approved fire extinguishing
system and powered smoke removal systems in accordance with
Section 81.106."
(9) Adoption of the Code Appendices
"Appendices I -A through VI -D and the 1983 accumulative supplements
to the Uniform Fire Code, 1982 edition, are hereby adopted as effective
and working parts of the fire code."
f
' SECTION III: Sections 5 -3 and 5 -4 of the Cypress City Code hereby are repealed.' '
SECTION IV: Chapter 14 of the Cypress City Code hereby is repealed.
SECTION V: 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 of 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 sections, sub-
sections, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION IV: Findings
Resolution No.2903, dated April 8, 1985, is incorporated herein by reference
and the City Council makes the findings contained therein.
FIRST READ at the regular meeting of the City Council of said City held on
the 8th day of April , 1985, and finally adopted and ordered posted at a regular
meeting held on the 22nd day of
ATTEST:
CITY L6K OF THE CIi
April , 1985.
OF CYPRESS
MAYOR OF HE CITY OF CYP "ESS
■J
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
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 22nd day of April 1985, by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY F CYPRESS