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Ordinance No. 811C ORDINANCE NO. 811 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 5- 2(A)(2), 8 - 5, 8 - 6, AND 19 - 2 OF THE CODE OF THE CITY OF CYPRESS TO REQUIRE THE IDENTIFICATION OF ALL SUBCONTRACTORS AS A CONDITION OF BUILDING PERMIT ISSUANCE THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: SECTION I. Section 5 -2 (A)(2), "Uniform Building Codes - Amendments, Additions, and Deletions," of the Code of the City of Cypress [Section 301(a) of the 1985 Uniform Building Code] is hereby amended by the addition of Subsections (b), (c), and (d) as follows: "(b) Exempted Work. A building permit shall not be required for the following: 1. One -story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 120 square feet. 2. Fences not over 6 feet high. 3. Oil derricks. 4. Movable cases, counters and partitions not over 5 feet high. 5. Retaining walls which 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 flammable liquids. 6. Water tanks supported directly upon grade if the capacity does not exceed 5000 gallons and the ratio of height to diameter or width does not exceed two to one. 7. Platforms, walks and driveways not more than 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 theatre stage sets and scenery. 10. Window awnings supported by an exterior wall of Group R, Division 3 and Group M Occupancies when projecting not more than 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 5000 gallons. -1- rr 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. (c) No person, firm, or corporation shall be approved to perform work authorized by City for building, mechanical, or any sub -trade work relating to building construction unless they are: 1. An employee of an appropriately licensed contractor; or, 2. The property owner performing his /her own work on his /her own property; or, 3. An employee of the owner, provided the owner shows evidence of workmen's compensation insurance required by state law and City ordinance, and the owner's Federal Tax Identification Number. As a condition of permit issuance, the applicant shall complete a form provided by the City's Building Division itemizing all sub - contractors by: Name, State Contractors License type, number and category, City Business License Number, and Federal Tax Identification Number. No person, firm, or corporation shall contract or sub - contract construction work without a valid contractor's license. (d) In the event that a complete list of valid sub - contractors is not provided to the City in a timely and acceptable form when filing a permit application, the applicant shall provide within seventy -two (72] hours of awarding of each contract, all required information to the City for review and approval. Failure to provide valid and current sub - contractor listings shall constitute cause for the City to deny any occupancy approval, void any certificates of use and occupancy, render all permits for subject construction null and void, and /or provide cause for requirement of demolition of all work and return of the property to its originally approved condition." SECTION II. Section 8 - 5 of the Code of the City of Cypress is hereby amended to read as follows: "Sec. 8 -5. Issuance of permit, requirement for commercial buildings. (a) Permits may be issued only to a person, firm or corporation licensed by the State of California in the classification authorized to perform the work and subject to the conditions and -2- Ye limitations of such classification, or to a person, firm, or corporation qualifying under section 8 -7, or to an owner qualifying under section 8 -8. (b) Electrical work in any commercial building or structure shall only be performed by an appropriately licensed electrical contractor." SECTION III. Section 8 - 6, "Application for Permit," of the Code the City of Cypress is hereby amended by the addition of the phrase "(a)" before the first word "Applications," and by the addition of Subsections (b) and (c) as follows: "(b) Subject to the requirements of Section 8 - 5(a) and (b) of this Code, no person, firm, or corporation shall be approved to perform work authorized by City for electrical or any sub -trade work relating to building construction unless they are: 1. An employee of an appropriately licensed contractor; or, 2. The property owner performing his /her own work on his /her own property; or, 3. An employee of the owner, provided the owner shows evidence of workmen's compensation insurance required by state law and City ordinance, and the owner's Federal Tax Identification Number. As a condition of permit issuance, the applicant shall complete a form provided by the City's Building Division itemizing all sub - contractors by: Name, State Contractors License type, number and category, City Business License Number, and Federal Tax Identification Number. No person, firm, or corporation shall contract or sub - contract construction work without a valid contractor's license." SECTION IV. Section 19 - 2, "Uniform Plumbing Code - Amendments, Additions, and Deletions," of the Code of the City of Cypress is hereby amended by the operation of the Subsection (a) in Section 20.6 of Part One by placing the phrase "(a)" before the first word "Every," and by the addition of Subsection (b) as follows: "(b) No person, firm, or corporation shall be approved to perform work authorized by City for plumbing or any sub -trade work relating to building construction unless they are: 1. An employee of an appropriately licensed contractor; or 2. The property owner performing his /her own work on his /her own property; or, -3- v A� 3. An employee of the owner, provided the owner shows evidence of workmen's compensation insurance required by state law and City ordinance, and owner's Federal Tax Identification Number. As a condition of permit issuance, the applicant shall complete a form provided by the City's Building Division itemizing all sub - contractors by: Name, State Contractors License type, number and category, City Business License Number, and Federal Tax Identification Number. No person, firm, or corporation shall contract or sub - contract construction work without a valid contractor's license." SECTION V. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or place, 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 or its application to other persons or places. The City Council hereby declares that it would have adopted this Ordinance, and each remaining section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions of, or the application thereof to any person or place, be declared invalid or unconstitutional. SECTION VI. The City Clerk is hereby authorized and directed to certify as to 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 said City held on the 27th day of February 1989, and finally adopted and ordered posted at a regular meeting held on the 13th day of March , 1989. ATTEST: K4.14.e., Mayor of the City of Cypress City Clerk o the ity 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 March 1989; by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Age, Arnold, Kerry and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY C E 0 HE OITY OF CYPRESS 4