Ordinance No. 834(-,
ORDINANCE NO. 834
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 1988 EDITION OF THE UNIFORM BUILDING CODE, THE 1988 EDITION OF THE
UNIFORM MECHANICAL CODE, THE 198$ EDITION OF THE UNIFORM HOUSING CODE, THE
1988 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS,
THE 1988 EDITION OF THE ADMINISTRATIVE CODE AND THE 1988 EDITION OF THE
UNIFORM BUILDING CODE STANDARDS; AND DECLARING THE URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: URGENCY. This Ordinance is an Urgency Ordinance pursuant
to Government Code Sections 36934 and 36937 and is necessary for the
immediate preservation of the public peace, health, and safety. The facts
constituting this urgency are that on January 1, 1990, the new Uniform
Building and related codes become effective by State law mandate. This will
cause the repeal of the prior uniform codes and the City's local amendments
to these codes. The result of which will be that only the minimum building
standards set forth in these uniform codes will apply to construction
projects within the City.
If the City does not take immediate action on this Ordinance, the
City may be precluded in its ability to enforce local amendments to these
codes which have been strongly recommended by the City's professional staff.
Those recommendations are determined to be necessary to protect the public
health and safety by the City Council to meet local climatic, geographic,
and topographic conditions.
SECTION II. EFFECTIVE DATE. This Urgency Ordinance shall take
effect on January 1, 1990 pursuant to State law.
SECTION III: 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 -a
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, 1988 edition, with appendices;
(b) Uniform Mechanical Code, 1988 edition, with appendices;
(c) Uniform Housing Code, 1988 edition;
(d) Uniform Code for the Abatement of Dangerous Buildings,
1988 edition;
(e) Uniform Administrative Code, 1988 edition; and
(f) Uniform Building Code Standards, 1988 edition."
SECTION IV: 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,
1988 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, convert, or demolish, equip, use, occupy, or
maintain any building or structure in the City, or cause the
same to be done, contrary to, or in violation 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 one thousand dollars
($1000), 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 regulated by this code,
except as specified in subsection (b) of this section, or
cause the same to be done unless a separate, appropriate
permit for each building, structure, or building service
equipment has first been obtained from the Building Official.
(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. Fences not over six (6) feet high.
3. Oil derricks.
4. Movable cases, counters and partitions not over five
(5) feet 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 M 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.
(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:
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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 workers' 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
subcontractors 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 subcontract construction work without a valid
contractor's license.
(d) In the event that a complete list of valid subcontractors
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 subcontractor listings
shall constitute cause for the City to deny any 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.
(3) Section 306 is hereby amended to add Item 15 as follows:
15. 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.
(4) Section 508 is hereby amended to read as follows:
Section 508. Where one -hour fire - resistive construction
throughout is required by this code, an approved automatic
sprinkler system, as specified in Chapter 38, may be
substituted, provided such system is not otherwise required
throughout the building.
EXCEPTIONS: 1. An approved automatic sprinkler system
required by section 3802(b)5 may be substituted.
2. Such substitution shall not waive nor reduce required
fire - resistive construction for:
1. Occupancy separation [Section 503(c)].
2. Exterior wall protection due to proximity of
property lines [Section 504(b)].
3. Area separations [Section 505(e)].
4. Dwelling unit separations [Section 1202(b)].
5. Shaft enclosures (Section 1706).
6. Corridors [Section 3305(g) and (h)].
7. Stair enclosures (Section 3309).
8. Exit passageways [Section 3312(a)].
9. Type of construction separation (Section 1701).
10. Atriums constructed in accordance with Section
1715.
(5) Section 1210 is hereby amended by adding thereto a new
paragraph to read as follows:
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Section 1210(a)6. Change of Ownership. 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.
(6) Section 1807(a) is hereby amended to read as follows:
Section 1807(a). 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, Division 2 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 1807(c).
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.
(7) Section 1807(d) is hereby amended by adding the following:
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 1807(e)1., 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.
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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.
(9) Section 1807(1) is hereby amended by adding following:
1. The roof area shall include an emergency evacuation
facility for helicopters of not less than 12000 pounds gross
weight. This facility shall have a touchdown pad of at least
a 50 foot diameter and be surrounded on all sides by a clear
area having a minimum average width at roof level of fifteen
(15) feet but with no width less than five (5) feet.
2. The landing pad shall be designed per Uniform Building
Code, 1988 edition, Section 2308(c). Helicopter landing areas,
and supports therefor on the roof of a building, shall be of
noncombustible construction.
3. The facility shall have two approach- departure paths
at a maximum slope of 8 to 1.
4. Any helicopter use of this facility other than as an
emergency evacuation facility shall require prior FAA, Building
and Fire Department approval.
(m) 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
while maintaining a minimum positive pressure of 0.15 -inch water
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, 1988 edition, Section 3310.
Activation of the mechanical equipment shall be in accordance
with Uniform Building Code, 1988 edition, Section 3310(q) 6.
(10) Section 2504(a) is amended by having the last Paragraph read
as follows:
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.
(11) Section 2604(f) is hereby amended by adding the following:
Exception 1. Type V cement complying with table No. 26 -A -6
for severe sulfate exposure or equal is required for use in
all R -1, R -3, and M -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.
(12) Section 3203 is hereby amended to read as follows:
Section 3203. The roof covering on any structure regulated
by this code shall be as specified in Table No. 32 -A and as
classified in Section 3204, 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.
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Exception: 1. Re- roofing. Roof covering for all re- roofing
shall conform to applicable provisions of Uniform Building Code,
1988 edition, Section 3204 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 32
(appendix) of said Code.
(13) Section 3204 is hereby revised by amending subsection (c)
and deleting subsection (d).
Section 3204 (c) 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 3 inches in 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.
(14) Section 3802(b) is hereby amended by adding Item 5 as follows:
5. In all new buildings or structures, when the gross square
footage thereof exceeds 6,000 square feet, of 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.
(15) Section 3802(h) is herby amended to read as follows:
(h) Group R Occupancies. 1. An automatic sprinkler system
shall be installed throughout every apartment house three
or more stories in height or containing more than 15 dwelling
units, and every hotel three or more stories in height or
containing 20 or more guest rooms. Residential or quick -
response standard sprinkler heads shall be used in the
dwelling unit and guest room portions of the building.
All other Group R, Division 1 Occupancies shall have an
approved modified automatic sprinkler system installed.
2. An approved modified automatic sprinkler system shall be
installed throughout all Group R, Division 3 occupancies.
For the purposes of this section, area separation walls shall
not define separate buildings.
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(16) Section 3805(b) is hereby amended to read as follows:
Section 3805(b) Where Required. Standpipe systems shall be
provided as set forth in Table No. 38 -A.
EXCEPTION: Every new building with any horizontal dimension
greater then three hundred (300) feet, shall be provided with
either access doors or hose outlets located so that all portions
of the building can be reached with one hundred fifty (150) feet
of hose from an access door or hose outlet.
Access doors: Access doors shall be in the exterior wall of the
building accessible without the use of a ladder, and no less
than three (3) feet in width nor less than six (6) feet, eight
(8) inches in height.
Hose outlets: The hose outlets shall be 2 1/2" in size with an
approved valve. The water supply for the hose outlets shall be
supplied as follows:
1. By a separate main from the system side of the check
valve at the fire department connection, or
2. From an adjacent section of the sprinkler system arranged
to allow the hose outlets to deliver water when the sprinkler
system, or portion of the system that protects the area
served by the hose outlet, is shut off.
The water supply shall be sized to deliver a minimum of 250 gpm.
at 65 psi., from the hydraulically most remote hose outlet and
250 gpm. (flowing) from each additional outlet up to a maximum
of 500 gpm. (flowing) when the fire department connection is
pumped at a pressure not to exceed 150 psi.
(17) 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, enlargement, conversion, alteration
and repair of all residential buildings, including hotels,
motels, apartment houses and dwellings. These regulations 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.
(18) Fees not Adopted
Any and all fees established in Chapter 3 and Chapter 70 of
the Uniform Building Code, 1988 edition, adopted by this
Chapter, are hereby deleted.
(8) The following amendment is made to the Uniform Mechanical Code, 1988
edition, adopted by this Chapter:
(1) Section 500 is hereby 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.
(C) The following amendment is made to the Uniform Housing Code, 1988
edition, adopted by this Chapter:
(1) Chapter 2 is hereby amended by adding thereto the following
sections:
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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 law enforcement officers.
Section 201(b) 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 a 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.
(D) The following amendments are added to the Uniform Administrative
Code, 1988 edition, adopted by this Chapter:
(1) Section 202(c) 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 a
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.
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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."
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 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 V: Findings
Resolution No. 3660 dated December 21 1989 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 an
adjourned regular meeting held on the 21st day of December, 1989.
)54:
OF THE CITY OF CYPRESS
ATTEST:
CITY CAL 6FT' CIT 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 an adjourned
regular meeting of the said City Council held on the 21st day of
December, 1989, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: ARNOLD, BOWMAN, KANEL, KERRY & AGE
NOES: 0 COUNCIL MEMBERS: NONE
ABSENT: 0 COUNCIL MEMBERS: NONE
CITY CLERK F THE ITY OF CYPRESS