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ORD 311U ORDINANCE NO. 311U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, VOLUMES 1, 2, AND 3, THE UNIFORM MECHANICAL CODE, THE UNIFORM PLUMBING CODE, THE UNIFORM HOUSING CODE, THE UNIFORM ADMINISTRATIVE CODE,AND THE UNIFORM CODE FOR THE ABATEMENT OF HAZARDOUS BUILDINGS, 1994 EDITIONS, AND THE NATIONAL ELECTRICAL CODE, 1993 EDITION; MAKING AMENDMENTS TO SAID CODES; AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF Section 1: Chapter 15.04 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read: Chapter 15.04 Building Code 15.04.010. Building Code Adopted. A. Except as hereinafter provided, the Uniform Building Code, 1994 Edition, Volumes 1, 2 and 3, published by the International Conference of Building Officials, including the generic fire-resistive assemblies listed in the Fire Resistance Design Manual, Thirteenth Edition, dated April 1992, published by the Gypsum Association as referenced in Tables Nos. 7-A, 7-B, and 7-C and 1994 Uniform Building Code, including Chapters 1 through 35, and Appendix Chapters 3 Division II, 11, 15, 18, 29, 30, 31 Division III, 33 and 34, including ANSI/ASME A17.1, 1987, Safety Code for Elevators and Escalators, including Supplements A-17.1a-1988, A17.1b-1989, and ANSI/ASME A17.3a-1986, Safety Code for Existing Elevators and Escalators, including Supplement Al 7.3a-1989, published by the American Society of Mechanical Engineers, and including the Structural Welding Code-Reinforcing Steel, AWS D1.4-92 (U.B.C. Standard 19-2), and the American National Standard for Accessible and Useable Buildings and Facilities A117.1-1992, published by the Council of American Building Officials as modified or amended in the Uniform Building Code referenced herein, is hereby adopted by reference and shall constitute the Building Code of the City of Rancho Palos Verdes. B. In the event of any conflict between a provision of the Uniform Building Code, 1994 Edition, and a provision applicable to cities of the California Building Code, 1995 Edition, as contained in Part 2 of Title 24 of the California Code of Regulations, the provision of the California Building Code shall prevail. C. A copy of the Uniform Building Code, 1994 Edition, has been deposited in the office of the City Clerk in the City of Rancho Palos Verdes, and shall be at all times maintained by said Clerk for use and examination by the public. 15.04.020. Building Code Amended, Administrative Provisions Deleted. Notwithstanding the provisions of Section 15.04.010 of this Chapter, Chapter 1 of the Building Code, except for Section 101, is hereby deleted. The administrative provisions governing the Building Code shall be as set forth in the Administrative Code, as adopted in Section 15.18.010 of this Title. Violation and penalty provisions shall be as set forth in Section 205 of the Administrative Code, as amended in Section 15.18.040 of this Title. 15.04.030. Building Code Amended. Fire Resistive Roofing Required. Notwithstanding the provisions of Section 15.04.010 of this Article, Section 1503 of the Building Code is amended to read: SECTION 1503 - ROOF-COVERING REQUIREMENTS The roof covering on any structure regulated by this code shall be Class A as classified in Section 1504. The roof covering assembly includes the roof deck, underlayment, interlayment, insulation and covering which is assigned a roof covering classification. EXCEPTION: Repairs of, and additions to, existing structures which repairs and additions require the replacement or installation of less than 25% of the total roof area of a structure within one 12-month period may be made using material matching the existing roof. 15.04.040. Building Code Amended. Seismic Safety Requirements. Notwithstanding the provisions of Section 15.04.010 of this Article, the Building Code is amended as follows: A. Section 106.3.3 of the Building Code is amended by adding the following to read: Plans and specifications shall show the lateral force resisting systems of each structure, and elevations and detail references showing applicable conditions for shear walls, frames, etc. B. Section 1628.11 of the Building Code is added to read: 1628.11 Open/Soft Story Design. Column deflection shall be limited to 0.005H, where "H" is story height. C. Section 2307.5 of the Building Code is added to read: 2307.5 Cantilevered Columns. "K"=2.1 shall be used as the buckling factor for the design of cantilevered columns. D. Section 2311.2 of the Building Code is amended by adding the following language to read: Ordinance No. 3110 Page 2 of 17 Hold-down connection bolts/nuts shall be torqued 1/2 turn beyond finger tight or as otherwise required by manufacturer. The following note shall be made on plans: "Inspector to verify by random inspection prior to covering walls." E. Section 2311.2.1 of the Building Code is added to read: 2311.2.1 Bolt holes. All bolt-holes shall be 1/16 inch (maximum) over-sized at the connection of hold-down to posts. The following note shall be made on plans: "Inspectors to Verify." F. Section 2314.1 is amended by adding the following language to read: The principle of rotation to distribute shear forces shall not be permitted. G. Table 23-I-K-1 of the Building Code is amended as follows: 1. The allowable values for plywood shear walls shall be reduced to seventy-five percent (75%) of the shear values listed in Table 23-I-K-1 of the Uniform Building Code; and 2. The ratio "h/d" shall be limited to 2:1; and 3. Three inch (3") thick boundary and panel edge members for all plywood shear walls with shear values exceeding 300 pounds per foot shall be required; and 4. Minimum 1/2 inch edge distance for nailing at the 3-X boundary and panel edge-members of these shear walls shall be required. H. Table 25-I of the Building Code is amended as follows: 1. The allowable shear values for portland cement plaster (stucco) shall be reduced as follows: a. The allowable shear value shall be reduced to 90 pounds per foot; and b. The ratio "h/d" shall be limited to 1; and c. The required minimum nail size shall be No. 11 gage, 1 1/2 inch long, galvanized nails with lath furred to 1/4 inch. Staples and self-furring lath shall not be permitted . 2. The allowable shear values for gypsum sheathing board and gypsum wall board (1/2 inch or 5/8 inch thickness) (drywall) shall be reduced as follows: Ordinance No. 311U Page 3 of 17 a. The allowable shear value shall be reduced to 30 pounds per foot (for both blocked and unblocked shear walls); and b. The maximum nail spacing shall be 7 inches; and c. The ratio "h/d" shall be limited to 1. 3. Frame wall assemblies constructed of portland cement plaster, gypsum sheathing board, or gypsum wall board carrying loads at the ground floor of multi-level buildings shall not be permitted. 15.04.050. Building Code Amended, Grading., Notwithstanding the provisions of Section 15.04.010 of this Article, Appendix Chapter 33 of the Building Code is amended by adding Section 3319 to read: SECTION 3319 - STORM DAMAGE PRECAUTIONS 3319.1 General. No grading permit shall be issued for work to be commenced between October 1 of any year and April 15 of the following calendar year, when the Building Official finds the work may cause a significant storm damage hazard, unless the plans for such work include details of protective measures, including desilting basins or other temporary drainage or control measures, or both, as may be necessary to protect adjoining public and private property from damage by erosion, flooding, or the deposition of mud or debris which may originate from the site or result from such grading operations. If protective measures are required under this Section, all protective measures shall be installed on or before November 1, or, if grading is begun after November 1, before grading is begun. All protective measures shall be maintained in good working order until April 15 of the following calendar year, where grading is done between November 1 and December 31, or until April 15 of the same calendar year where grading is done between January 1 and April 15, unless their removal at an earlier date is agreed to by the Building Official. 3319.2 Security Required. A permit shall not be issued for grading involving more than 1000 cubic yards (sum of cut and fill) unless the owner shall first post with the City Engineer security in a form acceptable to the City. The amount of such security shall be based upon the estimated cost of the grading operation including all drainage and other protective devices, as determined by the City Engineer. The amount of such security shall be equal to 1.1 times the estimated cost of the grading operation and all drainage and protective devices. 3319.3 Incomplete Work. Where a grading permit is issued and the work is commenced after April 15 and before October 1 of any year and the plans for such Ordinance No. 311U Page 4 of 17 work do not include details of the protective measures described in Section 3319.1, and it appears on October 1 that the grading and installation of the permanent drainage devices as authorized by the permit will not be completed prior to November 1, and the Building Official finds the work may cause significant storm damage hazard, then on or before October 15 the owner of the site on which the grading is being performed shall file or cause to be filed with the Building Official revised plans which include details of the protective measures described in, and in all other respects follow the provisions of, Section 3319.1. The revised plans required by this section shall be accompanied by an application for plan checking services and plan checking fees equal in amount of 10 percent of the original grading permit fee. 3319.4 Effect of Noncompliance. Should the owner fail to submit the plans or fail to provide the protective measures required by Sections 3319.1 and 3319.3 by the dates specified therein, it shall cause forfeiture of the grading permit security. Thereupon, the Building Official may enter the property for the purpose of installing, by City forces or by other means, the drainage and erosion control devices shown on the approved plans, or if there are no approved plans, as he or she may deem necessary to protect adjoining property from storm damage. The cost of such action shall be deducted from the grading permit security. Such a failure shall also constitute a violation of the Building Code and may be prosecuted as provided in Section 15.18.040 of this Title. Section 2: Chapter 15.08 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read: Chapter 15.08 Electrical Code 15.08.010. Electrical Code Adopted. A. Except as hereinafter provided, the National Electrical Code, 1993 Edition, including the appendices thereto, published by the National Fire Protection Association, is hereby adopted by reference and shall constitute the Electrical Code of the City of Rancho Palos Verdes. The administrative provisions governing the Electrical Code shall be as set forth in the Administrative Code, as adopted in Section 15.18.010 of this Title. Violation and penalty provisions shall be as set forth in Section 205 of the Administrative Code, as amended in Section 15.18.040 of this Title. B. In the event of any conflict between a provision of the National Electrical Code, 1993 Edition, and a provision applicable to cities of the California Electrical Code, 1994 Edition, as contained in Part 3 of Title 24 of the California Code of Regulations, the provision of the California Electrical Code shall prevail. Ordinance No. 311U Page 5 of 17 C. A copy of the National Electrical Code, 1993 Edition, has been deposited in the office of the City Clerk of the City of Rancho Palos Verdes and shall be at all times maintained by said Clerk for use and examination by the public. Section 3: Chapter 15.12 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read: Chapter 15.12 Plumbing Code 15.12.010. Plumbing Code Adopted. A. The Uniform Plumbing Code, 1994 Edition, published by the International Association of Plumbing and Mechanical Officials, including appendices A, B, C, D, E, F, G, H, I, and J and including the Installation Standards, is hereby adopted by reference and shall constitute the Plumbing Code of the City of Rancho Palos Verdes. B. In the event of any conflict between a provision of the Uniform Plumbing Code, 1994 Edition, and a provision applicable to cities of the California Plumbing Code, 1995 Edition, as contained in Part 5 of Title 24 of the California Code of Regulations, the provision of the California Plumbing Code shall prevail. C. A copy of the Uniform Plumbing Code, 1994 Edition, has been deposited in the office of the City Clerk of the City of Rancho Palos Verdes and shall be at all times maintained by said Clerk for use and examination by the public. 15.12.020. Plumbing Code Amended. Administrative Provisions Deleted. Notwithstanding the provisions of Section 15.12.010 of this Chapter, Part I of the Uniform Plumbing Code, except for Sections 101.1, 101.2 and 101.4, is hereby deleted. The administrative provisions governing the Plumbing Code shall be as set forth in the Administrative Code, as adopted in Section 15.18.010 of this Title. Violation and penalty provisions shall be as set forth in Section 205 of the Administrative Code, as amended in Section 15.18.040 of this Title. Section 4:, Chapter 15.16 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read: Chapter 15.16 Mechanical Code 15.16.010 Mechanical Code Adopted. A. Except as hereinafter provided, the Uniform Mechanical Code, 1994 Edition, published by the International Conference of Building Officials and the International Association of Building and Plumbing Officials, including appendices A, B, C, and D, is hereby adopted by reference and shall constitute the Mechanical Code of the City of Rancho Palos Verdes. Ordinance No. 311U Page 6 of 17 B. In the event of any conflict between a provision of the Uniform Mechanical Code, 1994 Edition, and a provision applicable to cities of the California Mechanical Code, 1995 Edition, as contained in Part 4 of Title 24 of the California Code of Regulations, the provision of the California Mechanical Code shall prevail. C. A copy of the Uniform Mechanical Code, 1994 Edition, has been deposited in the office of the City Clerk of the City of Rancho Palos Verdes and shall be maintained by said Clerk for use and examination by the public. 15.16.020. Mechanical Code Amended, Administrative Provisions Deleted. Notwithstanding the provisions of Section 15.16.010 of this Chapter, Chapter 1 of the Mechanical Code, except Sections 101 and 102, is hereby deleted. The administrative provisions governing the Mechanical Code shall be as set forth in the Administrative Code, as adopted in Section 15.18.010 of this Title. Violation and penalty provisions shall be as set forth in Section 205 of the Administrative Code, as amended in Section 15.18.040 of this Title. Section 5: Chapter 15.18 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read: Chapter 15.18 Administrative Code 15.18.010. Administrative Code Adopted. A. Except as hereinafter provided, the Uniform Administrative Code, 1994 Edition, published by the International Conference of Building Officials, is hereby adopted by reference and shall constitute the Administrative Code of the City of Rancho Palos Verdes. B. A copy of the Uniform Administrative Code, 1994 Edition, has been deposited in the office of the City Clerk of the City of Rancho Palos Verdes and shall be maintained by said Clerk for use and examination by the public. 15.18.020. Administrative Code Amended, Liability. Notwithstanding the provisions of Section 15.18.010 of this Chapter, Section 202.9 of the Administrative Code is amended to read: 202.9 Liability. A. The Building Official, or his or her authorized representative charged with the enforcement of this Code and the technical codes, acting in good faith and without malice in the discharge of his or her duties, shall not thereby be rendered personally liable, nor shall the City be vicariously liable, for any damage that may accrue to persons or property as a result of any act or omission or by reason of any act or omission in the discharge of his or her duties. Ordinance No. 311U Page 7 of 17 B. Any suit brought against the Building Official or other employee of the City because of such act or omission performed in the enforcement of any provision of such Codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the City shall be defended by the City until final termination of such proceedings, and any judgment resulting therefrom, other than punitive damages, shall be assumed by the City. The provisions of this paragraph B shall apply only if the Building Official, or his or her authorized representative, is an employee of the City. C. Such codes shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the City or any of City's agents or employees be held as assuming any such liability by reason of the inspections authorized by this Code or any permits or certificates issued under this Code. 15.18.030. Administrative Code Amended, Appeals. Notwithstanding the provisions of Section 15.18 010 of this Chapter, Section 204 of the Administrative Code is amended to read: SECTION 204 -APPEALS In the event that an appeal from a decision of the Building Official regarding interpretation of the technical codes is requested, the Building Official shall seek a code interpretation by the appropriate code writing organization. The Building and Mechanical Codes shall be interpreted by the International Conference of Building Officials. The Plumbing Code shall be interpreted by the International Association of Plumbing and Mechanical Officials or its designated agent. The Electrical Code shall be interpreted by the National Fire Protection Association. The interpretation of the code writing organization shall govern. The cost of obtaining the interpretation shall be paid by the applicant. 15.18.040. Administrative Code Amended, Violations and Penalties. Notwithstanding the provisions of Section 15.18.010 of this Chapter, Section 205 of the Administrative Code is amended to read: SECTION 205 -VIOLATIONS AND PENALTIES 205.1 Violations. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building, structure or building service equipment or perform any grading in the City or cause or permit the same to be done contrary to, or in violation of, any of the provisions of this code or any of the technical codes. Ordinance No. 311U Page 8 of 17 205.2 Penalties. Any person who violates any provision of this code or any of the technical codes shall be deemed guilty of a misdemeanor, and shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation continued or was permitted, and upon conviction is punishable as set forth in Section 1.08.010 of the Rancho Palos Verdes Municipal Code. 15.18.050 Administrative Code Amended, Expiration of Permits. Notwithstanding the provisions of Section 15.18.010 of this Chapter, Section 303.4 of the Administrative Code is amended to read: 303.4 Expiration. Every permit issued by the Building Official under the provisions of the technical codes shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the permittee fails to obtain an inspection and approval required by Section 305 for a period of 180 days, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefor shall be one half the amount required for an original permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In such event, the permittee shall pay the full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which to commence work under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 15.18.060. Administrative Code Amended, Permit Fees. Notwithstanding the provisions of Section 15.18.010 of this Chapter, Tables 3-A, 3-B, 3-C, 3-D, 3-E, 3-F, 3-G, and 3-H of the Administrative Code are hereby amended to read as set forth in the most recent resolution of the City Council regarding fees for building, plumbing, mechanical, electrical, elevator and grading permits, inspections and plan reviews. 15.18.070. Administrative Code Amended, Required Building Inspections. Notwithstanding the provisions of Section 15.18.010 of this Chapter, Section 305.4 of the Administrative Code is amended to read: 305.4 Approval Required. Work shall not be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. Such approval shall be given only Ordinance No. 311U Page 9 of 17 after an inspection has been made on each successive step in the construction as indicated in subsection 305.5. There shall be a final inspection and approval on all buildings, when completed and ready for occupancy, provided however that no such approval shall be given to any new dwelling unit, new commercial building, or new industrial building until there has been full compliance with all requirements of this Code and of Chapter 3.20 of the Rancho Palos Verdes Municipal Code, including payment of the environmental excise tax provided for therein. Upon such compliance the final inspection approval and Certificate of Occupancy shall be issued concurrently by the Building Official. 15.18.071 Administrative Code Amended, Certificate of Occupancy. Notwithstanding the provisions of Section 15.18.010 of this Chapter, Section 309.1 of the Administrative Code is amended to read: 309.1 Use and Occupancy. Buildings or structures shall not be used or occupied nor shall a change in the existing occupancy classification of a building or structure or portion thereof be made until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. 15.18.080. Administrative Code Amended, Prohibited Use of Building Sites. Notwithstanding the provisions of Section 15.18.010 of this Chapter, Chapter 3 of the Administrative Code is amended by adding Sections 310, 311, and 312 to read: 310 - GEOTECHNICAL AND GEOLOGICAL HAZARDS 310.1 Offsite Geotechnical and Geological Hazards. No certificate of occupancy or permit under this title shall be issued under the provisions of this chapter when the Building Official finds that the proposed work on, or change in use of, the site for which the permit is requested could activate or accelerate a geological or geotechnical hazard that could damage other property. 310.2 Geological and Geotechnical Hazards. Work requiring a certificate of occupancy or permit under this title is not permitted in an area determined by the Building Official to be subject to hazard from any variety of landsliding or settlement or slippage except as allowed by Sections 310.4 through 310.8. These hazards include, but are not limited to, loose debris, slopewash, and potential mudflows from natural or graded slopes. Ordinance No. 311U Page 10 of 17 310.3 Geological and Geotechnical Reports. The Building Official may require a geological or geotechnical report, or both, when there is evidence of geologic instability on the subject property or on neighboring property and such reports are necessary for proper evaluation of the proposed work or use of the site. A geological report shall be prepared by a certified engineering geologist licensed by the State of California. A geotechnical report shall be prepared by a registered civil engineer. Every report shall contain a finding regarding the safety of the site for the proposed structure or use against hazard from any variety of landsliding or settlement or slippage and a finding regarding the effect the proposed building, grading construction, and use of the site will have on the geological stability of property outside the site. When both a geological and a geotechnical report are required for the evaluation of the safety of a site, the two reports shall be coordinating before submission to the Building Official. 310.4 Safe Site. A certificate of occupancy or permit under this title may be issued if the reports required by the Building Official, pursuant to Section 310.3, contain information sufficient to satisfy the Building Official that: A. The proposed work on or use of the site will not adversely affect property by activating or accelerating a geological hazard; and B. The site is not subject to a geological hazard. 310.5 Hazard Eliminated. A certificate of occupancy or permit under this title may be issued only if the reports required by Section 310.3 contain sufficient information to satisfy the Building Official that all geological or geotechnical hazards will be eliminated prior to use or occupancy of the land or structure by modification of topography, reduction of subsurface water, buttresses, or by other means or combination of means sufficient to provide a factor of safety of not less than 1.5. 310.6 Pools and Spas. Subject to the provision of Section 310.1, a certificate of occupancy or permit under this title may be issued for pools, spas or fish ponds with a capacity less than 2,000 gallons of water provided: A. The applicant signs and records with the Los Angeles County Registrar-Recorder a statement in a form approved by the City Attorney that he or she is the owner of the real property and that he or she is aware that the records of the Building Official indicate the property is subject to a physical hazard of a geological nature; and B. The applicant signs and records an agreement in a form approved the City Attorney releasing the City and all officers, employees, and agents thereof from any liability for any damage or loss which may result from issuance of such permit. Ordinance No. 311U Page 11 of 17 310.7 Outdoor Improvements. Subject to the provisions of Section 310.1, a certificate of occupancy or permit under this title may be issued for outdoor improvements including, but not limited to, patios, decks or gazebos covering not more than 400 square feet. 310.8 Repairs and Alterations in Areas of Potential Geological Hazard. Subject to the provisions of Section 310.1, a certificate of occupancy or permit under this title may be issued in the following cases when the applicant seeks only to alter, repair, or replace existing facilities with no change in grade: A. MINOR ALTERATIONS OR REPAIRS WHICH ARE NOT DUE TO GEOLOGICAL CONDITIONS BUT WHICH MAY BE DUE TO GEOTECHNICAL CONDITIONS: A certificate of occupancy or permit under this title may be issued when the application is for alteration or repair or both not exceeding twenty-five percent (25%) of the value of the existing structure, where there is no increased water use or enlargement, expansion, or extension of the structure and the alterations or repairs are not required due to damage from a geological hazard. B. MAJOR ALTERATIONS OR REPAIRS OF CONDITIONS WHICH ARE NOT DUE TO GEOLOGICAL CONDITIONS BUT WHICH MAY BE DUE TO GEOTECHNICAL CONDITIONS: Subject to the conditions set forth in Section 310.6, a certificate of occupancy or permit under this title may be issued when the application is for alteration or repair work exceeding twenty-five percent(25%) of the value of the existing structure, where there is no increased water use or enlargement, expansion, or extension of the structure and the alterations or repairs are not required due to damage from a geological hazard. C. MINOR REPAIRS OF CONDITIONS DUE TO UNDERLYING GEOLOGIC CONDITIONS: Subject to the conditions set forth in Section 310.6, a certificate of occupancy or permit under this title may be issued when the application is for repair work not exceeding twenty-five percent (25%) of the value of the existing structure, where there is no increased water use or enlargement, expansion, or extension of the structure and repairs are required due to damage from a geological hazard. 310.9 Expert Advice. In carrying out his or her duties pursuant to this Chapter, the Building Official may consult with and rely upon the advice of a certified engineering geologist, geotechnical engineer, or other person with relevant expertise. SECTION 311 - FILLS CONTAINING DECOMPOSABLE MATERIAL Building or grading permits shall not be issued for buildings or structures regulated by this code located within 1,000 feet of fills containing rubbish or other decomposable material unless the fill is isolated by approved natural or man-made protective systems or unless designed according to the recommendation contained Ordinance No. 311U Page 12 of 17 in a report prepared by a licensed civil engineer. Such report shall contain a description of the investigation, study and recommendation to minimize the possible intrusion, and to prevent the accumulation, of explosive concentrations of decomposition gases within or under enclosed portions of such buildings or structures. At the time of the final inspection, a licensed civil engineer shall furnish a signed statement attesting that the building or structure has been constructed in accordance with his or her recommendations as to decomposition gases. Buildings or structures regulated by this code shall not be constructed on fills containing rubbish or other decomposable material unless provision is made to prevent damage to structures, floors, underground piping, and utilities due to uneven settlement of the fill. SECTION 312 - FLOOD HAZARDS Buildings are not permitted in an area determined by the Building Official to be subject to flood hazard by reason of inundation, overflow, or erosion. Buildings and other structures shall be placed on a site so that water or mud flow will not be a hazard to the building or to adjacent property. Minor structures which are not intended for human habitation such as fences, trellises, patios, decks, spas, pools, and sheds may be placed in flood hazard areas provided: A. Such placement will not increase the hazard to adjacent property from inundation, erosion, or related causes; B. Prior to issuance of a permit for such minor structure the owner shall sign and record with the Los Angeles County Registrar-Recorder a statement in a form approved by the City Attorney that the applicant is the owner of the property and is aware that the records of the Building Official indicate that the property is subject to flood hazard by reason of inundation, overflow, or erosion; and C. The applicant signs and records an agreement in a form approved by the City Attorney releasing the City and all officers, employees, and agents thereof from any liability for damage or loss which may result from issuance of such permit including damage to the minor structure authorized by the permit. Section 6: Chapter 15.24 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read: Chapter 15.24 Dangerous Buildings Ordinance No. 311U Page 13 of 17 15.24.010. Uniform Code for the Abatement of Dangerous Buildings Adopted. A. Except as hereinafter provided, the Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, prepared by the International Conference of Building Officials, is hereby adopted by reference and shall constitute the Dangerous Buildings Code of the City of Rancho Palos Verdes. B. A copy of the Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, has been deposited in the office of the City Clerk of the City of Rancho Palos Verdes and shall be maintained by the Clerk for use and examination by the public. 15.24.020. Dangerous Buildings Code. Penalty for Violation. The penalty for violation of the Dangerous Buildings Code shall be as set forth in Section 205 of the Administrative Code, as amended in Section 15.18.040 of this Title. Section 7: Chapter 15.28 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read: Chapter 15.28 Housing Code 15.28.010. Uniform Housing Code Adopted. A. Except as hereinafter provided, the Uniform Housing Code, 1994 Edition, published by the International Conference of Building Officials, is adopted by reference and shall constitute the Housing Code of the City of Rancho Palos Verdes. B. A copy of the Uniform Housing Code, 1994 Edition, has been deposited in the office of the City Clerk of the City of Rancho Palos Verdes and shall be maintained by the Clerk for use and examination by the public. 15.28.020. Housing Code. Penalty for Violation. The penalty for violation of the Housing Code shall be as set forth in Section 205 of the Administrative Code, as amended in Section 15.18.040 of this Title. Section 8:, The modifications to the State Building Standards enacted by this Ordinance are merely a continuation of the Rancho Palos Verdes Building, Electrical, Plumbing, Mechanical, Administrative, and Housing Codes, and all the changes and modifications to such Codes, whether previously enacted or contained in this ordinance, are reasonably necessary because of local climactic, geological, and/or topographical conditions. In particular, the modifications regarding storm damage precautions are reasonably necessary because of the local climate which is characterized by hot, dry summers, followed by strong Santa Ana winds and heavy winter rains. These conditions, combined with the geological characteristics of the Palos Verdes Peninsula, which includes an earthquake fault and historic and active landslides, require regulation of grading operations Ordinance No. 311U Page 14 of 17 to prevent damage to persons, property and public ways. Grading operations in the City, which is a hilly area with steep canyons, a substantial portion of which is already heavily developed, are likely to create hazardous conditions. Accordingly, the Council finds such modifications to be necessary for the protection of the public health, safety, and welfare. The modifications regarding fire safety are necessitated by the climatic conditions stated above which make structures in the City particularly vulnerable to rapidly spreading, wind-driven fires. The City's zoning ordinances and participation in the Natural Communities Conservation Planning (NCCP) program promote the preservation of coastal sage scrub habitat. Grass fires are a frequent and natural part of Southern California's ecosystem, including areas adjacent to the coast. Structures located near coastal sage scrub require additional protection against ignition from flying embers. The modifications regarding administrative provisions are necessary to allow the uniform administration of the technical codes by procedures suited to the size and nature of the City's staff and administrative agencies by means suited to the City's experience with local climatic, geological, and topographical conditions and to provide sufficient staff support for the time-consuming inspections and analyses required by the City's geological hazards. The modifications regarding geological, geotechnical, and flood hazards are necessitated by the local climate as described above which makes flooding more likely than elsewhere in the state, by the City's proximity to active earthquake fault zones, including the Palos Verdes Fault, and existence of historic and active landslides on the Palos Verdes Peninsula. This hilly community has an extensive history of ground failures which necessitates regulation of construction in areas subject to geological hazard. New construction or additions in an active landslide area must be regulated to assure the slide will not be exacerbated, and if possible, will be improved. Section 9: All inconsistencies between the Building Code, Electrical Code, Mechanical Code and Plumbing Code, as adopted by this Ordinance, and Parts 2, 3, 4 and 5 of Title 24 of the California Code of Regulations are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17858 and 17858.7. Section 10: The numbering of the 1994 editions of the Uniform Building Code, Uniform Mechanical Code, and Uniform Plumbing Code has been completely revised from earlier editions. All references to the Building Code or Mechanical Code in the sections of the Rancho Palos Verdes Municipal Code which are not amended by this or a subsequently enacted ordinance shall refer instead to the appropriate section or sections of the 1'994 editions of the Uniform Building Code and Uniform Mechanical Code as determined by the 1991/1994 Cross-Reference Directory to the Uniform Building Code and Uniform Mechanical Code published by the International Conference of Building Officials. AD references to the Plumbing Code in sections of the Rancho Palos Verdes Municipal Code which are not amended by this or a subsequently enacted ordinance shall refer instead to Ordinance No. 311U Page 15 of 17 the appropriate section or sections of the 1994 edition of the Uniform Plumbing Code as determined by the Format Comparison Chart located at the beginning of the 1994 edition of the Uniform Plumbing Code. Section 11: If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more of said sections, subsections, sentences, clauses, phrases, parts or portions may be declared invalid or unconstitutional. Section 12:, State law requires that localities adopt the 1995 editions of the California Building Code, the California Plumbing Code, and the California Mechanical Code, and the 1994 edition of the California Electrical Code (the "technical codes") and any modifications thereto, by December 28, 1995. It is essential that the City have in effect on that date technical codes that comport with state law and contain those modifications necessitated by the unique topographic, geologic and climatic conditions within the City described in Section 8 above. In the absence of immediate effectiveness, the provisions of the technical codes unique to the City's special circumstances will not be in place and this will have a detrimental effect on the public, health, safety and welfare. For these reasons, the public health, safety and welfare require that this ordinance take effect immediately. This is an urgency ordinance. Section 13: This ordinance shall be effective upon adoption and shall become operative December 28, 1995. Section 14:, The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in the manner prescribed by law, and shall further file a copy of this ordinance with the Department of Housing and Community Development of the State of California. PASSED, APPROVED and ADOPTED this 19 day of December 1995. Ma'r ATTEST: / 01 I I I, 4: Jr CityClerk Ordinance No. 311U Page 16 of 17 State of California County of Los Angeles ) SS City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance, being Ordinance No. 311U, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on December 19, 1995, and that the same was passed and adopted by the following roll call vote: AYES: MCTAGGART, BYRD, FERRARO, HOLLINGSWORTH, AND MAYOR LYON NOES: NONE ABSENT: NONE ABSTAIN: NONE ,), L CITY CLERK A:311 U.WPD Ordinance No. 311U Page 17 of 17 • ORDINANCE NO. 311U • 11:;;I!!!!I RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on 1/17/96 , she caused to be posted the following document entitled: ADOPTING BY REFERENCE THE UNIFORM 'BLDG. CODE, VOLS 1, 2,AND 3, THE UNIFORM MECHANICAL CODEK, THE UNIFORM PLUMBING CODE, AND THE UNIFORM HOUSING CODE, THE UNIFROM ADMINISTRATIVE CODE, AND THE UNIFRM CODE FOR THE ABATEMENT OF HAZARDOUS BLDGS, 1994 EDITIONS, ETC. . . . . . . . . . a copy of which is attached hereto, in the following locations: City Hall Los Angeles County Fire Station 30940 Hawthorne Blvd. Miraleste Station Rancho Palos Verdes 4000 Miraleste Plaza Rancho Palos Verdes U. S. Post Office 28649 S. Western Ave. Ladera Linda Community Center Rancho Palos Verdes , 32201 Forrestal Drive Rancho Palos Verdes Hesse Park 29301 Hawthorne 'Blvd. Rancho Palos Verdes Park Rancho Palos Verdes 30359 Hawthorne Blvd. , Rancho Palos Verdes I certify under penalty of perjury that the foregoing g g is a true and correct affidavit of posting. -Q,/* ; 411� /_ CITY CLERK 30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274-5391 / (213) 377-0360