Ordinance No. 835r
ORDINANCE NO. 835
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 19 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING
BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO:
THE 1988 EDITION OF THE UNIFORM PLUMBING CODE, THE 1988 EDITION OF
THE UNIFORM SWIMMING POOL CODE, THE 1988 EDITION OF THE UNIFORM
SOLAR ENERGY CODE, AND THE UNIFORM PLUMBING CODE MATERIAL AND
INSTALLATION STANDARDS; AND DECLARING THE URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES 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: Section 19 -1 of Chapter 19 of the Cypress City
Code is hereby amended to read as follows:
"SECTION 19 -1 Uniform Plumbing Codes - Adopted; where filed.
The following are hereby adopted by reference as the Plumbing
Codes of the City of Cypress, one (1) copy of each which is on
file in the office of the City Clerk:
(a) Uniform Plumbing Code, 1988 edition, with
appendices;
(b) Uniform Swimming Pool Code, 1988 edition;
(c) Uniform Solar Energy Code, 1988 edition; and
(d) Uniform Plumbing Code Material and
Installation Standards."
SECTION IV: Section 19 -2 of Chapter 19 of the Cypress City
Code is hereby amended as follows:
"SECTION 19 -2 Uniform Plumbing Code - Amendments, Additions, and
Deletions.
The following amendments are made to the Uniform Plumbing Code,
1988 edition, adopted by this Chapter:
PART ONE - Administration
(1) Section 20.1 - Administrative Authority is hereby
amended to read:
Whenever the term 'Administrative Authority' is
used in this Code, it shall be construed to mean
the Building Official or his authorized
representative.
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(2) Section 20.3 - Violation and Penalties, Paragraph (1) is
hereby amended to read:
Any person, firm or corporation violating any
provision 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 both fine and imprisonment
Each separate day or any portion thereof during
which a violation of this Code occurs or continues
shall be deemed to constitute a separate offense
and, upon conviction thereof, shall be punishable
as herein provided. The issuance or granting of a
permit or approval of plans and specifications
shall not be deemed or construed to be a permit
for, or an approval of any violation of any of the
provisions of this Code. No permit presuming to
give authority to violate or cancel the provisions
of this Code shall be valid, except insofar as the
work or use which it authorized is lawful.
(3) Section 20.6 - Application for Permit
The following paragraphs are added:
(a) Every permit shall expire and become null and void
for any one or more of the following reasons:
(1) Whenever the plumbing work authorized by said
permit is not commenced within one hundred
eighty (180) days from the date of issuance
of such permit.
(2) Whenever the plumbing work authorized by said
permit has been suspended, abandoned or
discontinued for a continuous period of one
hundred eighty (180) days.
(3) Whenever the plumbing work done during any
continuous period of one hundred eighty (180)
days amounts to less than ten percent (10 %) of
the total of the work authorized by such
permit.
Before commencing, proceeding with or doing any
plumbing work authorized by, but not done before
expiration of, any such permit, a new permit
shall be obtained therefor, and the fee for such
permit shall be one -half (1/2) the fee required
for a new permit; provided that such permit is
obtained within one hundred eighty (180) days
of expiration of the prior permit.
(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) An employee of the owner, provided the owner
shows evidence or worker's compensation
insurance required by state law and City
ordinance, and owner's federal tax identifi-
cation number.
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Section 1.10 - Application for Permit is amended by
adding sub - sections (d) and (e) as follows:
(d) A presite inspection is required before a
permit will be issued and will include the
following:
1. Verification of items listed under sub-
section (a).
2. Condition of sidewalks, curbs and gutters.
(e) Mechanical equipment and its installation
shall conform to the State of California
energy regulations.
Section 1.11 - Cost of Permit
Paragraph three (3) is amended as follows:
Schedule of Fees, as shown, is hereby deleted and
replaced by the latest resolution of the City
Council relating to the establishment of a Revised
Fee Schedule to be used with the latest edition of
the Uniform Swimming Pool Code.
Section 417(f) - Vent Termination is amended to read as
follows:
No venting system shall terminate less than
three (3) feet above any forced air inlet
located within ten (10) feet or less than four
(4) feet from any property line except a
public way.
Exception: A pool heater with a stackless
vent as defined in Section 402(g)(4), may be
located no less than one (1) foot from any
property line, as measured from the outside
edge of the heater to the property line
fence."
SECTION VI: Section 19 -20 of Chapter 19 of the Cypress City
Code is amended as follows:
"Section 19 -20. Uniform Solar Energy Code; amendments.
The solar energy code is amended as follows:
Section 20.3. Violations and Penalties The first
sentence is amended as follows:
Any person, firm or corporation violating any
provision 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 fine and imprison-
ment.
Section 20.5 Application for Permit. The following
paragraphs are added:
Every permit shall expire and become null and
void for any one or more of the following reasons:
(1) Whenever the solar energy work authorized
by said permit is not commenced within
one hundred eighty (180) days from the
date of issuance of such permit.
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 contractor subcontract
construction work without a valid contractors
license.
(4) Section 20.7 - Cost of Permit
Paragraph (2) is amended to read:
Such applicant shall pay for each permit, at the
time of issuance, as per the latest resolution of
the City Council relating to the establishment of
a Revised Fee Schedule.
In the event that any person has obtained a
permit hereunder and no portion of the work or
construction covered by such permit has been
commenced, such permittee shall be entitled to
a refund of eighty (80 %) percent of the fee paid
for such permit, in excess of five dollars ($5.00)
upon presentation of a written request therefor.
(5) Section 903 - Overflows is amended by adding the
following paragraph:
All openings in concrete floors, for tub traps,
water closets, or similar fixtures, shall have the
bottoms and sides sealed off from the ground by not
less than one (1) inch of concrete, or other
approved material, leaving the trap free. This
procedure may be referred to and known as 'Rodent
Proofing'.
(6) Section 1009(h) - Size of Potable Water Piping is hereby
amended by adding the following:
Each residential building shall have a three -
quarter (3/4) inch diameter hose bib readily
accessible to the front yard and a three -
quarter (3/4) inch diameter hose bib readily
accessible to the rear yard."
SECTION V: Section 19 -3 of Chapter 19 of the Cypress Code
is amended as follows:
"Section 19 -3 - Uniform Swimming Pool Code; amendments.
The following amendments are made to the Uniform
Swimming Pool Code, 1988 edition, adopted by this
Chapter:
Section 1.7 - Violations and Penalties. The first
sentence is amended as follows:
Any person, firm or corporation violating any
provision 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 both fine and imprisonment.
(2) Whenever the solar energy work authorized
by said permit has been suspended, aban-
doned or discontinued for a continuous
period of one hundred eighty (180) days.
(3) Whenever the solar energy work done
during any continuous period of one
hundred eighty (180) days amounts to less
than ten percent (10 %) of the total of
the work authorized by such permit. •
Before commencing, proceeding with or
doing any solar energy work authorized
by, but not done before expiration of,
any such permit, a new permit shall be
obtained therefor, and the fee for such
permit shall be one -half (1/2) the fee
required for a new permit; provided that
such permit is obtained within one
hundred eighty (180) days of expiration
of the prior permit."
SECTION VIII: 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
section, subsections, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION VII: Findings
Resolution No. 315_bj,,
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.
ATTEST:
CITY CLERK OF THE CI OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE
4;(
R OF THE CITY dF`CYPRESS
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 2Ist
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 CL 0 THE ITY •F CYPRESS
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