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Ordinance No. 665196 ORDINANCE NO. 665 AN 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 1979 EDITIONS OF THE UNIFORM BUILDING CODES: UNIFORM BUILD- ING CODE, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE, UNI- FORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM BUILDING CODE STANDARDS AND UNIFORM FIRE CODE WITH SUPPLEMENTS. 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, three (3) copies of each which are on file in the office of the City Clerk: a. "Uniform Building Code ", 1979 edition, including supplements and amendments. b. "Uniform Mechanical Code ", 1979 edition. c. "Uniform Code for the Abatement of Dangerous Buildings ", 1979 edition. d. "Uniform Housing Code ", 1979 edition. e. "Uniform Building Code Standards ", 1979 edition; and f. "Uniform Fire Code ", 1979 edition. SECTION II: Section 5 -2 of Chapter 5 of the Cypress City Code hereby is amend- ed to read as follows: SECTION 5 -2 Uniform Code - Amendments, Additions and Deletions. A. The followng amendments are made to the Uniform Building Code, 1979 edition, adopted by this Chapter: 1. Section 205 is amended to read as follows: Violations. "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 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 punishable by a fine of not more than Five Hundred Dollars ($500.00), 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, con- struct, enlarge, alter, repair, roof or re -roof, move, improve, remove, convert or demolish any building or structure regulated by this Code, ex- cept 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: (e) Required Inspection. 197 6. Re -Roof inspection: All re- roofing shall conform to the appli- cable provisions of Chapter 32 (appendix) of this Code. A final in- spection 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 the entire period of erection of the structural 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 1704 is hereby amended to read as follows: Delete Items 1, 2 and 3; then add: (a) New Roofs. Roof covering for new construction shall be fire retardant as speci- fied in Section 3203 -e for Types I, II, III, IV and V buildings where a roof pitch less than 12" in 12" occurs. (b) Re -Roof. Roof covering for all re- roofing shall conform to the applicable pro- visions of Chapter 32 (appendix) of this Code. (c) Additions, Alterations or Repairs shall be constructed as re- quired in Section 104 -b. "Exception ": Ordinary roof covering may be used on buildings of group R -3 and M occupancies. 6. Section 1711 is hereby amended by adding the following: (d) All Shower Areas. Shower stalls and the bathtub enclosures used as shower stalls shall be plastered with Portland Cement Plaster as required for the first two coats of exterior work. Such plaster shall be carried to a height of not less than six feet (6') 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 inches (4 ") beyond the outer edge of the tub. Metal reinforcement and backing shall be as required for exterior plastering in Chapter 47. "Exception ": This Section shall not apply to approved pre- fabricated shower enclosures. 7. Chapter 53 has been added to appendix as follows: Section 5301 b is hereby amended by adding the following: Note: Refer to California Energy Resources Conservation and Develop- ment Commission's regulations establishing Energy Conservation Standards for new non - residential buildings and the erection, construction, e;'- largement 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 - 1542 of Title 24 of the California Administrative Code. 198 B. The following amendments are made to the "Uniform Mechanical Code ", 1979 edition, adopted by this Chapter: Chapter 5 is hereby amended by adding thereto the following section: "Section 511. Prohibited Locations. 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 amendments are made to the "Uniform Housing Code ", 1979 edition adopted by this Chapter: Chapter 2 is hereby amended by adding thereto the following sections: 1. "Section H -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 purpose, they shall have the powers of a law enforcement of- ficer. 2. "Section H -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 representatives 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 authori- zed representatives may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Build- ing Official or the Health Officer by this Code; provided that if such building or premises be occupied, they shall first present proper credent- ials and request 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 Offi- cer 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 Build- ing 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 ", 1979 edition, adopted by this Chapter: 1. Section 10.301 (b) and (c) are hereby amended to read as follows: (b) In occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additional safeguards may be re- quired, consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of hazard involved. Such devices or appliances may consist of fire hydrants, auto- matic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbest- os blankets, breathing apparatus, manual or automatic covers, or carbon dioxide, foam or other special fire extinguishing systems, Where such systems are installed, they shall be in accordance with the applicable standards of the National Fire Protection Association. 199 (c) An approved water supply capable of supplying required fire flow for fire protection for the required duration shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed. When any portion of the building protected is in excess of one hundred fifty (150) feet from a water supply on a street, there shall be provided, when required by the Chief, fire hydrants and mains capable of supplying the required fire flow. Water supply may consist of reservoirs, pressure tanks, elevator tanks, water mains, or other fixed system capable of supplying their required fire flow for the required duration. In setting the requirements for fire flow, the Chief may be guided by the standard published by the In- surance Services Office, Guides for Determination of Required Fire Flow. The location and number of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the street or on the site of the premises to be protected as required and ap- proved by the Chief. The type of fire hydrant shall be in accordance with the appropriate water company standard plan if public. Private fire hydrant type shall be approved by the Chief. All hydrants shall be ac- cessible to the fire department apparatus by roadways meeting the re- quirements of Section 10.208. 2. Section 10.301 (f) and (g) are hereby amended to read as follows: (f) All required fire hydrants, if public, shall be in accordance with the appropriate water companies standard plan. Private hydrants shall be of the type approved by the Chief. (g) All premises where dwellings or portions of dwellings are hereafter con- structed shall be provided with street fire hydrants as may be required by the Chief. The type and location of such fire hydrants shall be designated by the Chief, 3. Article 12 is hereby amended, by adding "Malls ", Section 12.114. (a) General. Every mall shall be provided with exits directly to the ex- terior as required by the Uniform Building Code. (b) The clear and unobstructed exit width on each side of the mall shall be as required by the Uniform Building Code, but in no case shall be less than ten (10) feet wide. The clear area shall be defined, identified and maintained in a manner approved by the Chief. (c) No display, side show, exhibition or promotional activity or similar use shall be permitted in the center area of the mall unless there is first obtained from the Chief a permit to conduct such activity. In- cluded with each permit application shall be a floor plan delineating the exact area to be used, and showing the location of all displays. (d) All of the conditions of Article 26 of this Code shall he applicable when the mall is used for other than, and /or in addition to an exit corridor. (e) Not more than thirty (30) feet between ten -foot wide cross- aisles shall be permitted except as required or permitted by the Chief. (f) All flammable material used as, or in conjunction with, a display, side show, exhibition, promotional activity or similar use which would tend to increase the fire or panic hazard shall be maintained in a flame re- tardant condition or similarly protected in a manner approved by the Chief. (g) No use shall be permitted which by its nature will impede free and unob- structed exiting due to people congregating to witness or participate in the display, side show, exhibition, promotional activity or similar use. (h) The use of flammable liquid, liquified petroleum gas, flammable bottled gases and other materials presenting an unusual fire hazard shall not be permitted as a part of, or in conjunction with, any mall display, side show, exhibition, promotional activity or similar use. - 4 - (i) All automatic fire sprinkler systems shall be provided with approved Kaarm and valve supervision. 4. Article 32 is hereby amended by adding Section 32.121 to read as follows: "Section 32.121. Special requirements for air supported structures. Air supported structures used for assembly purposes as defined in Section 32.102 shall be provided with poles, stanchions, cables or simi- lar equipment which will prevent collapse of the structure upon those assembled therein." 5. Section 78.102 - 78.103 and 78.104 of Article 78 is 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 following conditions: 1. No fireworks shall be sold unless a permit to do so is first obtained as provided for in this Sub - paragraph (b)' and no fireworks shall be sold other than on July 3 and July 4 be- tween 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, or offer for sale or discharge any fireworks within a distance of one hundred (100')feet of any pump or dispensing 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 (28) gauge sheet metal or three - eighth's inch (3/8 ") exterior plywood. A minimum of two (2), thirty inch (30 ") 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 temporary fireworks stand unless the applicant shall file an application therefore on a form approved by City of Cypress together with a cash bond in the sum of fifty dollars ($50.00) 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 anJ the premises restored to the condition they were in prior to the erection 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. -5- 9. No fireworks stand shall be located closer than five feet (5') 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 (24) 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 an easily visible location on all sides of fireworks stand. No smoking shall be permitted within fifty feet (50') of any fireworks stand. 13. No permit will be issued for the sale of fireworks at a temporary 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 feet (50') 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 (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 from the 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 permits under this subsection. 16. Any fireworks stand that is to be energized will require an electrical permit from the Department of Building and Safety to be obtained and installed by a State licensed contractor. 17. Each application for a permit required by this subparagraph (b) shall be accompanied by a certificate 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 Certificate 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. -6- 202 19. No fireworks stand shall be moved onto or erected upon any property prior to June 23, and all firework 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. 6. Section 79.709 is hereby amended to read as follows: (b) Extinguishers of a minimum classification of 20- A,B,C, shall be provided and so located that no pump, dispenser or fill -pipe opening shall be greater distance than seventy -five (75) feet from such extinguisher. 7. Section 79.710 is hereby amended to read as follows: (d -3) Dispensing of flammable or combustible liquids into the fuel tanks of marine craft shall be by means of an approved -type hose, equipped with an approved automatic closing nozzle without a latch open device. Nozzles for dispensing Class I liquids shall be manually held open during dispensing operations. 8. Article 81 -High Piled Combustible Stock is hereby amended to read as follows: Section 81.107 Roof Vents, Venting Ratios and Draft Curtains: (a) Roof vents and draft curtains shall be installed when the contiguous area (minimum separation between areas is sixty (60)feet) used for high piled combustible stock exceeds two thousand five hundred (2,500) square feet. EXCEPTION: Areas protected by an approved fire - extinguishing system and power smoke removal system in accordance with Section 81.106. SECTION III: 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, subsections, clauses, phrases, or portions be declared invalid or unconstitutional. First read at the regular meeting of the City Council of said City held on the 14th date of July 1980 , and finally adopted and ordered posted at a regular meeting held on the llth day of August 1980. ATTEST: CIT� CLERKYOHE CI OF CYPRESS YOR OF THE CI OF CYPRESS 203 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 llth day of August 1980; by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Rowan and Evans NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE'CITY OF CYPRESS