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RPVCCA_CC_SR_2013_11_19_02_Ordinance_Re-Intro_Adopting_New_State_Building_Codes_&_Fire_CodesCrTYOF MEMORANDUM TO: FROM: HONORABLE MAYOR JOEL ROJAS, COMMUN DATE: NOVEMBER 19, 2013 CHO PALOS VERDES VELOPMENT DIRECTOR SUBJECT: RE-INTRODUCTION OF ORDINANCE ADOPTING NEW STATE BUILDING CODES AND FIRE CODE REVIEWED: CAROLYN LEHR, CITY MANAGER Qi Project Manager: Paul Christman, Building Official RECOMMENDATION RE-INTRODUCE ORDINANCE NO. 551, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE THE 2013 EDITION OF THE CALIFORNIA BUILDING, RESIDENTIAL, GREEN BUILDING STANDARDS, PLUMBING, ELECTRICAL, MECHANICAL AND FIRE CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS; CHAPTER 7A OF TITLE 26 OF THE LOS ANGELES COUNTY CODE. THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS 1997 EDITION; THE UNIFORM HOUSING CODE 1997 EDITION; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2012 EDITION, WITH APPENDICES AND AMENDMENTS THERETO, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. BACKGROUND At the November 6, 2013 City Council meeting, Staff presented an Ordinance for Introduction to adopt the new 2013 State Building and Fire Codes (November 6, 2013 City Council Staff Report is attached). In addition, Staff was recommending that the Council affirm Staff's interpretation that the installation of emergency gas shut off valves qualify for a 75% permit fee subsidy and that the Council initiate a code amendment to increase the allowable height of free standing walls/fences from 6 feet to 7 feet given the change in the new State Code that will allow freestanding walls/fences up to 7 feet without a permit. After some discussion, the City Council agreed with all of Staff's recommendations but requested that additional language be added to the building code section that exempts walls/fences less than 7 feet in height from permits to cross reference the applicable 2-1 Municipal Code requirements related to view protection. It was also noted that the map of the active landslide area referred to as "Exhibit A" was not included with the ordinance. Pursuant to Council direction, language has been added to the proposed ordinance and the "Exhibit A" map has been attached. Therefore, Staff is now recommending re-introduction of the amended ordinance. DISCUSSION Refer_ence to Zoning Code's View Protection Regulations Section 105 (Permits) of the new State Building Code contains sub-section 105.2 that lists 13 items that are exempt from the Code's permit requirements One of the items listed is fences not over 7 feet high. Pursuant to City Council direction, Staff is proposing to amend section 105.2 to as follows (new text shown in underline): 2. Fences not over 7 feet (2134 mm) high, provided the fences meet the requirements of Section 17. 76. 030 of the Rancho Palos Verdes Municipal Code. This change is reflected in the attached Ordinance. Adoption Process With re-introduction of the ordinance, Staff will now provide public notice of the planned adoption of both an urgency ordinance and a non-urgency ordinance at the City Council's December 17, 2013 meeting. Public notice of the December 17th public hearing will be published in the Peninsula News on November 21 and November 28, 2013. CONCLUSION It is Staff's intent to adopt the new 2013 State Building, Residential, Green Building Standards, Plumbing, Electrical, Mechanical and Fire Codes by reference with the same local amendments that the City has adopted in the past along with the additional changes identified by Staff and directed by the Council on November 6th. An ordinance that accomplishes this is being re-introduced this evening. FISCAL IMPACT There are no fiscal impacts to the City associated with adoption of the new State Codes. Attachments: Draft Ordinance No. 551 November 6, 2013 CC Meeting Staff Report 2-2 ORDINANCE NO. 551 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE THE 2013 EDITION OF THE CALIFORNIA BUILDING, RESIDENTIAL, GREEN BUILDING STANDARDS, PLUMBING, ELECTRICAL, MECHANICAL AND FIRE CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, CHAPTER 7A OF TITLE 26 OF THE LOS ANGELES COUNTY -CODE, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS 1997 EDITION, THE UNIFORM HOUSING CODE 1997 EDITION, AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2012 EDITION, WITH APPENDICES AND AMENDMENTS THERETO; AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.08 of Title 8 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: Sections: 8.08.010 8.08.020 8.08.030 8.08.040 8.08.050 8.08.060 "Chapter 8.08 FIRE CODE Fire Code adopted. Fire Code amended-Fireworks displays. Violations-Penalties. Responsibility. List of infractions. Very high fire hazard severity zone map. 8.08.010 Fire Code adopted. Except as hereinafter provided in this chapter, the California Fire Code, 2013 Edition, (Part 9 of Title 24 of the California Code of Regulations), based on the 2012 International Fire Code as published by the California Building Standards Commission, including Chapters 1 through 7, Chapters 9 through 11, Chapters 20 through 36, Chapter 48, Chapters 50 through 67, Chapter 80, and Appendices B and C, is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the city of Rancho Palos Verdes. In the event of any conflict between the California Fire Code, 2013 Edition, and any amendment to the Fire Code contained in the Rancho Palos Verdes Municipal Code, the provision contained in the Municipal Code shall control. A copy of the Fire Code shall be maintained in the office of the city clerk and shall be made available for public inspection while the code is in force. 8.08.020 Fire Code amended-Fireworks displays. A. Notwithstanding the provisions of Section 8.08.010, Section 101.1 is amended to read: 101.1 Title. These regulations shall be known as the Fire Code of the City of Rancho Palos Verdes, hereinafter referred to as "this code." 2013 Code adoption 2-3 B. Notwithstanding the provisions of Section 8.08.010, Section 103.2 is deleted in its entirety. C. Notwithstanding the provisions of Section 8.08.010, Section 5608.1.2 is added to the Fire Code to read: 5608.1.2 Displays. Permits are required from the City to conduct a fireworks display. The City Council shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by the municipality, fair associations, amusement parks or other organizations. Every such display shall be handled by a competent operator approved by the City Council, and shall be of such character and so located, discharged or fired as in the opinion of the City Council after proper investigation, so as not to be hazardous to property or endanger any person. Applications for permits shall be made in writing to the Fire Chief not less than thirty days in advance of the date of display or other use. The Fire Chief shall within ten days after receipt of said application make a report and recommendation to the City Council. If the City Council finds that such display can be made without danger or nuisance to the general public, it shall grant the permit; otherwise it shall deny it. If the City Council finds that such display as applied for may create danger or nuisance to the public, but that if displayed subject to conditions may not create such danger or nuisance, it shall grant the permit subject to conditions. After such permit is granted, sale, possession, use and distribution of fireworks for such display subject to the conditions of this Chapter and such other conditions, if any, as may be imposed by the City Council, is lawful for the purpose only for which such permit is granted. In all cases the decision of the City Council shall be final. D. Notwithstanding the provisions of Section 8.08.010, Section 5608.1.3 is added to read: 5608.1.3 Insurance. The permittee shall furnish a certificate of insurance in an amount deemed adequate by the City Council for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display, and arising from any acts of the permittee, his agents, employees or subcontractors. The policy shall provide limits of bodily injury and property damage liability of not less than two million dollars ($2,000,000) combined single limits for each occurrence annually. The policy may have a deductible not to exceed fifteen thousand dollars ($15,000). A deductible in excess of fifteen thousand dollars ($15,000) may be permitted provided a security deposit, such as, but not limited to, a surety bond, pledge of assets or bank letter of credit covering the value of the excess is approved by the City Council. The certificate of insurance shall provide that the insurer will not cancel the insured's coverage without fifteen (15) days prior written notice to the City, that the City shall not be responsible for any premium or assessments on the policy, and that the duly licensed pyrotechnic operator required by law to supervise and discharge the display, acting either as an employee of the insured or as an independent 2 R6876-0001 \1655305v4.doc 2-4 contractor and the City, its officers, agents, and employees are included as additional insureds, insofar as any operations under this Section are concerned. 8.08.030 Violations-Penalties. A. Every person violating any provision of the Fire Code or of any permit or license granted hereunder, or any rule, regulation or policy promulgated pursuant hereto, is guilty of a misdemeanor unless such violation is otherwise declared to be an infraction by Section 8.08.050 of this chapter. Each such violation is a separate offense for each and every day during any portion of which such violation is committed. B. Every violation determined to be a misdemeanor hereunder is punishable in such manner and to such extent as is provided by 1.08.01 O(A) of this Code. Every violation determined to be an infraction hereunder is punishable in such manner and to such extent as is provided by Section 1.08.010(8) of this Code. C. For the purposes of this section a forfeiture of bail shall be equivalent to a conviction. 8.08.040 Responsibility. Any person who personally or through another willfully, negligently, or in violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to escape from his or her control, allows any hazardous material to be handled, stored or transported in a manner not in accordance with nationally recognized standards, allows any hazardous material to escape from his or her control, neglects to properly comply with any written notice of the chief, or willfully or negligently allows the continuation of a violation of the Fire Code and amendments thereto is liable for the expense of fighting the fire or for the expense incurred during a hazardous materials incident, and such expense shall be a charge against that person. Such charge shall constitute a debt of such person and is collectible by the public agency incurring such expense in the same manner as in the case of an obligation under a contract, expressed or implied. 8.08.050 List of infractions. In accordance with Section 8.08.030 of this chapter, the violation of the following sections or subsections of the Fire Code shall be infractions: 303.1-303.9 Asphalt Kettles 304.1-304.1.3 Waste accumulation prohibited 304.2 Storage 305.2 Hot ashes and spontaneous ignition sources 310.4 "No smokinq" signs 315.3.4 Storage under stairways 503.4 Obstructing of fire apparatus access roads 505.1 Address identification 507.5.4-507.5.5 Obstruction of fire hydrants 507.5.6 Physical protection -fire hydrants 605.5 Extension cords 901.7 Systems of service 906.1-906.10 Portable Fire Extinguishers 912.4 Signs 1007.9 Signage 3 R6876-0001\1655305v4. doc 2-5 1008.1.9.1 Hardware 1104.3 Exit sign illumination 2003.2 Smokinq 2108.4 Portable fire extinquishers 2311.2.2 Waste oil, motor oil and other Class 1118 liquids 2403.2.7 Welding warning signs 2403.4 Operations and maintenance 2403.4.3 Waste cans 2404.7.8.5 Filter disposal 2405.3.4 Dip-tank covers 2405.4.2 Portable fire extinquishers 2406.5 Operation and maintenance 2407.1 General 2407.5.2 Siqns 2408.5 Sources of ignition 2505.1 Housekeeping 2803.3.1 Housekeepinq 3103.12.6.1 Exit sign illumination 3104.21 Combustible vegetation 3603.2 Sources of ignition 3603.4 Rubbish containers 3604.4 Portable fire extinguishers 4811.9 Fire department access 4811.13 Fire extinguishers 5003.5 Hazardous identification signs 5003.7.1 Smokinq 5004.11 Clearance from combustibles 5005.3.8 Clearance from combustibles 5303.4 Marking 5303.5 Security 5704.2.3.1 Smoking and open flame 5704.3.3.4 Empty containers or portable tank storage 6107.2 Smoking and other sources of ignition 6107.3 Clearance to combustibles 8.08.060 Very high fire hazard severity zone map. The city council of the city of Rancho Palos Verdes hereby designates very high fire hazard severity zones, as recommended by the director of the California Department of Forestry and Fire Protection and the county of Los Angeles fire department, as designated on the map entitled Fire Hazard Severity Zone, which are on file in the city's planning, building and code enforcement department." SECTION 2. Chapter 15. 04 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended to read: "Chapter 15.04 BUILDING CODE Sections: 4 R6876-0001\1655305v4.doc 2-6 15.04.010 15.04.020 15.04.030 15.04.040 15.04.050 15.04.070 15.04.080 Building Code adopted. Building Code amended-Administrative provisions. Building Code amended-Storm drain precautions. Building Code amended-Specialized foundation requirements. Building Code amended-Pools and spas. Renewable energy systems. Construction indoor air quality. 15.04.010 Building Code adopted. Except as hereinafter provided, the California Building Code, 2013 Edition (Part 2 of Title 24 of the California Code of Regulations), based on the 2012 International Building Code as published by the International Code Council, including Appendices F and J thereto, the California Residential Code, 2013 Edition (Part 2.5 of Title 24 of the California Code of Regulations), based on the 2012 International Residential Code as published by the International Code Council which incorporates and amends the lnt~rnational Residential Code, the California Green Building Standards Code, 2013 Edition (Part 11 of Title 24 of the California Code of Regulations), as published by the California Building Standards Commission, and Chapter 7 A ([For SFM] Materials and Construction Methods for Exterior Wildfire Exposure) of Title 26 (Building Code) of the Los Angeles County Code, are hereby collectively adopted by reference as the Building Code of the city of Rancho Palos Verdes. A copy of the Building Code shall be maintained in the office of the city clerk and shall be made available for public inspection while the code is in force. 15.04.020 Building Code amended-Administrative provisions. The administrative provisions governing the Building Code of the City shall be as set forth in the Administrative Code, as adopted in Chapter 15.18 of this title. Violation and penalty provisions shall be as set forth in Section 114 of the Administrative Code, as amended in Section 15.18.040 of this title. 15.04.030 Building Code amended-Storm drain precautions. Notwithstanding the provisions of Section 15.04.010, Section 3314 is added to the Building Code to read: SECTION 3314 STORM DAMAGE PRECAUTIONS 3314.1 General. No grading permit and/or building permit shall be issued for work 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. 3314.2 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. 5 R6876-0001\1655305v4.doc 2-7 3314.3 Incomplete work. Where a grading permit and/or building permit is issued and the work is commenced and the Building Official finds the work has or may cause damage or hazard, the owner of the site on which the grading and/or building 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 3314.1. 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 fee as set forth in the established fee resolution. 3314.4 Effect of noncompliance. Should the owner fail to submit the plans or fail to provide the protective measures required by Sections 3314.1 and 3314.3 by the dates specified therein, it shall cause forfeiture of the grading permit security. Thereupon, the City Engineer 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. 15.04.040 Building Code amended-Specialized foundation requirements. Notwithstanding the provisions of Section 15.04.010, Section 1805.5 is added to read: 1805.5 Major alterations or repairs of existing buildings or structures (excluding demolition and replacement). This section shall apply only to the active landslide areas of the Portuguese Bend Landslide and the Abalone Cove Landslide, as determined by the City Geologist and depicted on the attached map (see Exhibit "A") and shall not apply in other areas of the City or other portions of the Landslide Moratorium Area. A certificate of occupancy or permit under this title may be issued provided: 1. The Building Official will require a Structural Engineering report and design prepared by a Structural Engineer licensed by the State of California. Material specifications shall be minimum concrete f'(c)=4000 psi, reinforcing steel ASTM A-615 grade 40 or 60, and continuous inspection by a special inspector is required. Alternate materials shall be subject to approval of the Building Official. Prestressed concrete is not permitted without special approval from the Building Official. 2. Every existing building or structure shall have a structural framework designed to distribute the load of the building uniformly over the entire footprint of the building. The structural framework is designed by determining the total weight of the building and dividing that weight by the area of the building. At the discretion of the Building Official, the soil pressure may be considered as a load and the walls and columns may be considered as reactions. At a minimum, one end bearing wall shall be fixed to the ground by a foundation, at least at one point. All other portions of the structural framework may be supported by adjustable 6 R6876-0001\1655305v4.doc 2-8 means approved by the Building Official. The structural framework shall be designed to span between all supports. 3. 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 geologic nature. 4. The applicant signs and records an agreement in a form approved by the City Attorney releasing the City and all officers, contract employees, consultants, employees, and agents thereof from any liability for any damage or loss which may result from issuance of such permit. 5. The applicant shall demonstrate that the proposed work on the site or use of the site shall: a. not adversely affect property by accelerating a geologic hazard; and b. have sufficient distance to any other structure to preclude damage in the instance of failure, as determined by the Building Official. 6. The applicant shall identify and correct any deficiencies in on-site drainage and sanitary disposal. If the property is not served by sanitary sewers, the applicant shall submit for recordation a covenant, which is satisfactory to the City Attorney, agreeing to support and participate in existing or future sewer and/or storm drain assessment districts and any other geological and geotechnical hazard abatement measures required by the City. Such covenant shall be submitted to the director prior to the issuance of a building permit. 7. The Building Official shall require a geologic report and geotechnical report. Any such geological reports shall be prepared by a certified engineering geologist licensed by the State of California. Any such geotechnical reports shall be prepared by a registered Civil Engineer or soils engineer who is qualified to perform this work. Every report shall contain a finding regarding the effect of the structure or use upon the geological stability of the site and properties outside of the subject property. When both a geological and a geotechnical report are required for the evaluation, the two reports shall be coordinated before submission to the Building Official. 8. This section shall not be interpreted to supersede or waive any other permit or approval required by the Rancho Palos Verdes Municipal Code, including, without limitation, the provisions of Chapter 15.20. 15.04.050. Building Code amended-Pools and spas. Notwithstanding the provisions of Section 15.04.010, the first sentence of Section 3109.4.1 is amended to read: 7 R6876-0001\1655305v4 .doc 2-9 The top of the barrier shall be not less than 60 inches (1524 mm) above grade measured on the side of the barrier that faces away from the swimming pool. 15.04.070. Renewable energy systems. A. Notwithstanding the provisions of Section 15.04.010 of this chapter, new homes and major remodels, whereby more than fifty percent of the existing interior and/or exterior walls are removed, shall provide a roof layout plan that illustrates how future installation of a photovoltaic system and/or solar water heating system could be accommodated. The property owner shall only be required to provide for the installation of one system. The following requirements for each system are as follows: 1. Photovoltaic Systems. Installation of conduit leading from an exterior south-facing, east-facing or west-facing roof, where a minimum of four hours of direct sunlight is achieved, to a stubbed junction box next to the electrical panel. All exposed conduit shall be capped and provided with adequate flashing. The conduit shall not be located on or in the direction of a north-facing roof. Roof reinforcements shall be addressed at the time of installation. 2. Solar Water Heating System. Installation of three-fourths inch hot and cold copper water pipes from a south-facing, east-facing or west-facing roof, where a minimum of four hours of direct sunlight can be achieved, to an existing water heater/tank. Both ends of the three-fourths inch copper pipes shall be stubbed out and shall not be located on or in the direction of a north-facing roof. All exposed pipes shall be capped and provided with adequate flashing. Roof reinforcements shall be addressed at the time of installation. 15.04.080. Construction indoor air quality. Notwithstanding the provisions of Section 15.04.010 of this chapter, projects shall provide a construction indoor air quality management plan on construction drawings or in the general notes that shall include protecting ducts during construction and changing the filters and vacuuming ducts prior to occupancy." SECTION 3. Chapter 15.08 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended to read: Sections: 15.08.010 15.08.020 "Chapter 15.08 ELECTRICAL CODE Electrical Code adopted. Electrical Code amended-Administrative provisions. 15.08.010 Electrical Code adopted. Except as hereinafter provided, the California Electrical Code, 2013 Edition (Part 3 of Title 24 of the California Code of Regulations), which incorporates and amends the National Electrical Code, 2011 Edition, published by the National Fire Protection Association, is hereby adopted by reference as the Electrical Code of the city of Rancho Palos Verdes. A copy of the Electrical Code of the city shall be maintained in the office of the city clerk, and shall be made available for public inspection while the code is in force. 8 R6876-0001 \1655305v4.doc 2-10 15.08.020 Electrical Code amended-Administrative provisions. The administrative provisions governing the Electrical Code of the city shall be as set forth in the Administrative Code, as adopted in Chapter 15.18 of this title. Violation and penalty provisions shall be as set forth in Section 114 of the Administrative Code, as amended in Section 15.18.040 of this title." _ SECTION 4. Chapter 15.12 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended to read: Sections: 15.12.010 15.12.020 "Chapter 15.12 PLUMBING CODE Plumbing Code adopted. Plumbing Code amended-Administrative provisions. 15.12.01 Plumbing Code adopted. Except as hereinafter provided, the California Plumbing Code, 2013 Edition (Part 5 of Title 24 of the California Code of Regulations}, which incorporates and amends the Uniform Plumbing Code, 2012 Edition, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference as the Plumbing Code of the city of Rancho Palos Verdes. A copy of the Plumbing Code of the city shall be maintained in the office of the city clerk and shall be made available for public inspection while the code is in force. 15.12.020 Plumbing Code amended-Administrative provisions. The administrative provisions governing the Plumbing Code of the city shall be as set forth in the Administrative Code, as adopted in Chapter 15.18 of this title. Violation and penalty provisions shall be as set forth in Section 114 of the Administrative Code, as amended in Section 15.18.040 of this title." SECTION 5. Chapter 15.16 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read: Sections: 15.16.010 15.16.020 "Chapter 15.16 MECHANICAL CODE Mechanical Code adopted. Mechanical Code amended-Administrative provisions. 15.16.01 O Mechanical Code adopted. Except as hereinafter provided, the California Mechanical Code, 2013 Edition (Part 4 of Title 24 of the California Code of Regulations), which incorporates and amends the Uniform Mechanical Code, 2012 Edition, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference as the Mechanical Code of the city of Rancho Palos Verdes. A copy of the Mechanical 9 R6876-0001\1655305v4.doc 2-11 Code of the city shall be maintained in the office of the city clerk and shall be made available for public inspection while the code is in force. 15.16.020 Mechanical Code amended-Administrative provisions. The administrative provisions governing the Mechanical Code of the city shall be as set forth in the Administrative Code, as adopted in Chapter 15.18 of this title. Violation and penalty provisions shall be as set forth in Section 114 of the Administrative Code, as amended in Section 15.18.040 of this title." SECTION 6. Chapter 15.18 of Title 15 of the Rancho Palos Verdes Municipal Code is hereby amended to read: Sections: 15.18.010 15.18.020 15.18.030 15.18.040 15.18.050 15.18.060 15.18.070 15.18.080 15.18.090 15.18.100 15.18.110 15.18.120 "Chapter 15.18 ADMINISTRATIVE CODE Administrative Code adopted. Administrative Code amended-Liability. Administrative Code amended-Appeals. Administrative Code amended-Violations and penalties. Administrative Code amended-Expiration of permits. Administrative Code amended-Section 109.2 Administrative Code amended-Required building inspections. Administrative Code amended-Certificate of occupancy. Administrative Code amended-Prohibited use of building sites. Administrative Code amended-Use and occupancy. Administrative Code amended-Conduct of construction and landscaping activities Administrative Code amended-Work exempt from permit. 15.18.010 Administrative Code adopted. Except as hereinafter provided, Division II of Chapter 1 of the California Building Code, 2013 Edition (Part 2 of Title 24 of the California Code of Regulations), based on the 2012 International Building Code as published by the International Code Council, is hereby adopted by reference as the Administrative Code of the city of Rancho Palos Verdes. A copy of the Administrative Code shall be maintained in the office of the city clerk and shall be made available for public inspection while the code is in force. 15.18.020 Administrative Code amended-Liability. Notwithstanding the provisions of Section 15.18.010 of this chapter, Section 104.8 is amended to read: 10 R6876-0001\1655305v4.doc 2-12 104.8 Liability. 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. 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 shall apply only if the building official, or his or her authorized representative, is an employee of the City. 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 113 is amended to read: SECTION 113 APPEALS 113.1 General. 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 Code shall be interpreted by the International Code Council. The Mechanical Code shall be interpreted by the International Association of Plumbing and Mechanical 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, Sections 114.1 and 114.4 are amended to read and Section 114.5 is added to read: 114.1 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. 11 R6876-0001\1655305v4.doc 2-13 114.4 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. 114.5 Penalty fees. The permit fees and charges made pursuant to Title 15 of the Rancho Palos Verdes Municipal Code shall be tripled, (not including fees for non structural fixture) when work requiring a permit has been started or continued or finished prior to obtaining permit. The triple fee shall be based on the structural permit fee, or square footage of remodel area, or a minimum fee as established pursuant to city council resolution. 15.18.050 Administrative Code amended-Expiration of permits. Notwithstanding the provisions of Section 15.18. 010 of this chapter, Sections 105.3.2 and 105.5 are amended to read: 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant up to two extensions of time for additional periods not exceeding not exceeding 90 days each. The extension shall be requested in writing and justifiable cause shall be demonstrated. Plan checks for development projects where permits have expired for a period of less than one year shall be assessed a fee equal to Y2 of the amount of the applicable plan check fee, as set forth in the resolution establishing said fee, if the plans that are being resubmitted are identical to the prior plans. Said fee shall be paid when the plans are re-submitted for review by the building official. 105.5 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 completed through final inspection within the allowed time from the date of issuance of such permit, which time shall be as follows: up to 5,000 square feet, 18 months; 5,000 to 10,000 square feet, 24 months; over 10,000 square feet, 30 months. For good cause, upon initial application for a permit, the building official may establish a different expiration date when it is anticipated such date will be necessary to complete construction due to extenuating circumstances. Upon expiration, before work under the permit can be recommenced, a new permit shall be obtained. Such new permit shall be valid for 24 months, and the fee therefor shall be one half the amount required for a new permit for such work, if no changes have been made or will be made in the original plans and specifications for the work and not more than one year has passed since the expiration of the permit; otherwise, such new permit shall be subject to all terms and conditions applicable to new permits. Any permittee holding an unexpired permit may apply for an extension of the time within which the permittee may complete work under that permit when the permittee is unable to complete the work within the time required by this section although proceeding with due diligence. Application for extension shall be filed on forms prescribed by the building official and be accompanied by payment of the fee as 12 R6876-0001\1655305v4.doc 2-14 established by city council resolution. The building official may extend the time for completion of work under the permit by the permittee for a period of time not exceeding 180 days upon finding the permittee has been proceeding with due diligence and that circumstances beyond the control of the permittee have prevented action from being completed. No permit shall be so extended more than once. Notwithstanding the foregoing, for any property where construction has been performed pursuant to one or more unexpired permits for a period of at least four years and is adversely affecting adjacent properties or the owners or occupants thereof, as documented in written complaints submitted to the Building Official or Director of Community Development, the Building Official shall not issue a new building permit for any new work or an extension of an existing unexpired permit until all work being performed pursuant to any unexpired building permit has been completed and the City has issued a final approval or a certificate of occupancy therefor. This provision shall not apply to: 1. emergency work; 2. work that is . necessary to preserve the integrity of the structure; or 3. work that, in the opinion of the Building Official, will mitigate impacts to an adjacent property. 15.18.060 Administrative Code amended-Section 109.2. Notwithstanding the provisions of Section 15.18.010 of this chapter, Section 109.2 is amended by adding the following sentences to the end of the paragraph: A site investigation will be conducted and a fee will be charged for the investigation, for permits that have expired two times, or have expired for more than two years, or any other expired permit as required by the building official. The minimum fee shall be as established pursuant to city council resolution. 15.18.070 Administrative Code amended-Required building inspections. Notwithstanding the provisions of Section 15.18.010 of this chapter, Section 110.1 is amended to read: 110.1 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 after an inspection has been made on each successive step in the construction as indicated in subsection 110.3. 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. 15.18.080 Administrative Code amended-Certificate of occupancy. Notwithstanding the provisions of Section 15.18.010 of this chapter, Section 111.1 is amended to read: 111.1 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 13 R6876-0001\1655305v4.doc 2-15 portion thereof be made until the building official has issued a certificate of occupancy therefor 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. 15.18.090 Administrative Code amended-Prohibited use of building sites. Notwithstanding the provisions of Section 15.18.010 of this chapter, Section 107 A is added to read: SECTION 107 A GEOTECHNICAL AND GEOLOGICAL HAZARDS 107 A.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. 107A.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 111A.1 through 111A.6. These hazards include, but are not limited to, loose debris, slopewash, and potential mudflows from natural or graded slopes. 107 A.3 Geological and geotechnical reports. The building official may require a geological or geotechnical report, or both, where, in the building official's opinion, such reports are essential for the proper evaluation of the proposed work or use of the site. As part of this evaluation, the building official may require a site visit in order to evaluate the need for such reports. A fee for this site visit shall be collected at this time. 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 qualified to perform this work. 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, and/or construction and use of the site will have on the geological stability of the site and/or property outside the site. When both a geological and a geotechnical report are required for the evaluation of the safety of a building site, the two reports shall be coordinated before submission to the building official. 15.18.100 Administrative Code amended-Use and occupancy. Notwithstanding the provisions of Section 15.18.010 of this chapter, Sections 111A, 111 B and 111 C are added to read: SECTION 111 A USE AND OCCUPANCY 111A.1 Safe Site. Subject to the conditions of subsection 111A.1, a certificate of occupancy or permit under this title may be issued in the following cases: 14 R6876-0001\1655305v4.doc 2-16 1. When the applicant has submitted a report(s) required by Section 107 A.3 that contains 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 modifications of topography, reduction of subsurface water, buttresses, or by other means or combination of means and that the proposed work on or use of the site will not adversely affect the subject property or neighboring properties. 2. When the applicant has submitted a report(s) required by Section 107A.3 that contains sufficient information to satisfy the building official that the site is not subject to geological or geotechnical hazard. 3. Notwithstanding any provisions of this Subsection, the building official may, at his or her discretion, deny a permit for any building, structure or grading subject to a hazard of a geological nature which cannot be mitigated and may endanger the health or safety of the occupants, adjoining property, or the public. 111A.2 Hazard Eliminated. A certificate of occupancy or permit under this title may be issued only if the reports required by Section 107 A.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. 111A.3 Pools and Spas. Subject to the provision of Section 111A.2, 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: 1. 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 2. The applicant signs and records an agreement in a form approved the City Attorney releasing the City and all officers, employees, consultants and agents thereof from any liability for any damage or loss which may result from issuance of such permit. 111A.4 Outdoor Improvements. Subject to the provisions of Section 111A.2, 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 (37.16 m2)). 111A.5 Repairs and Alterations in Areas of Potential Geological Hazard. Subject to the provisions of Section 111A.2, 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: 1. MINOR ALTERATIONS OR REPAIRS WHICH ARE NOT DUE TO GEOLOGICAL CONDITIONS BUT WHICH MAY BE DUE TO GEOTECHNICAL 15 R6876-0001\1655305v4.doc 2-17 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. 2. 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 111A.2, 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. 3. MINOR REPAIRS OF CONDITIONS DUE TO UNDERLYING GEOLOGIC CONDITIONS: Subject to the conditions set forth in Section 111A.2, 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. 111A.6 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 1118 FILLS CONTAINING DECOMPOSABLE MATERIAL 1118.1 Building or grading permits shall not be issued for buildings or structures regulated by this code located within 1,000 feet (304 800 mm) 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 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. 1118.2 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. R6876-0001\1655305v4.doc SECTION 111 C FLOOD HAZARDS 16 2-18 111 C.1 Buildings are not permitted in an area determined to be subject to flood hazard by reason of inundation, overflow, or erosion. 111 C.2 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 structure or to adjacent property. 111 C.3 Minor structures that do not require a permit and are not intended for human habitation such as fences, trellises, patios, decks and sheds may be placed in flood hazard areas provided: 1. Such placement will not increase the hazard to adjacent property from inundation, erosion, or related causes; 2. 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 3. 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. 15.18.110 Administrative Code amended-Conduct of construction and landscaping activities. Notwithstanding the provisions of Section 15.18.010 of this chapter, all construction projects in the city shall adhere to the regulations for dust control, hours of operation temporary construction fencing, construction site maintenance, construction related cargo containers and construction vehicle staging set forth in Section 17.56.020 of the city of Rancho Palos Verdes Municipal Code. 15.18.120 Administrative Code amended-Work exempt from permit. Notwithstanding the provisions of Section 15.18.010 of this chapter, Paragraph No. 2 under the heading "Building" in Section 105.2 is amended to read: 2. Fences not over 7 feet (2134 mm) high, provided the fences meet the requirements of Section 17.76.030.B of the Rancho Palos Verdes Municipal Code." SECTION 7. Chapter 15.24 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read: 17 R6876-0001\1655305v4.doc 2-19 Sections: 15.24.010 15.24.020 "Chapter 15.24 DANGEROUS BUILDING CODE Dangerous Building Code adopted. Dangerous Building Code amended-Administrative provisions. 15.24.010 Dangerous Building Code adopted. Except as hereinafter provided, the Uniform Code for the Abatement of Dangerous Buildings Code 1997 Edition, published by the International Code Council, is hereby adopted by reference as the Dangerous Buildings Code of the city of Rancho Palos · Verdes. A copy of the Dangerous Buildings Code of the city shall be maintained in the office of the city clerk and shall be made available for public inspection while the code is in force. 15.24.020 Dangerous Building Code amended-Administrative provisions. The administrative provisions governing the Dangerous Buildings Code of the city shall be as set forth in the Administrative Code, as adopted in Chapter 15.18 of this title. Violation and penalty provisions shall be as set forth in Section 114 of the Administrative Code, as amended in Section 15.18.040 of this Title." SECTION 8. Chapter 15.28 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read: Sections: 15.28.010 15.28.020 "Chapter 15.28 HOUSING CODE Housing Code adopted. Housing Code amended-Administrative provisions. 15.28.010 Housing Code adopted. Except as hereinafter provided, the Uniform Housing Code, 1997 Edition, and the International Property Maintenance Code, 2012 Edition, published by the International Code Council, are hereby collectively adopted by reference as the Housing Code of the city of Rancho Palos Verdes. A copy of the Housing Code of the city shall be maintained in the office of the city clerk and shall be made available for public inspection while the code is in force. 15.28.020 Housing Code amended-Administrative provisions. The administrative provisions governing the Housing Code of the city shall be as set forth in the Administrative Code, as adopted in Chapter 15.18 of this title. Violation and penalty provisions shall be as set forth in Section 114 of the Administrative Code, as amended in Section 15.18.040 of this Title." SECTION 9. All inconsistencies between the Building Code, Residential Code, Green Building Standards Code, Electrical Code, Mechanical Code, Plumbing Code, and Fire Code, as adopted by this Ordinance, and the 2013 edition of the California Building Code, Residential Code, Green Building Standards Code, Electrical Code, Mechanical Code, Plumbing Code, and 18 R6876-0001\1655305v4.doc 2-20 Fire Code, as set forth in Parts 2, 2.5, 3, 4, 5, 9 and 11 respectively, of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7. SECTION 10. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Rancho Palos Verdes Municipal Code, these provisions shall be constr_ued as continuations of those provisions and not as new enactments. SECTION 11. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council of the City of Rancho Palos Verdes hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SE.CTION 12. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy hereof to be forthwith transmitted to the California Building Standards Commission. PASSED, APPROVED AND ADOPTED THIS __ DAY OF ___ , 2013. Mayor Attest: City Clerk 19 R6876-0001\1655305v4.doc 2-21 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) _ I, CARLA MORREALE, 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; the foregoing Ordinance No. _ was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on , 2013, and that the same was passed and adopted by the following roll call vote: Ayes: Noes: Absent: Abstain: City Clerk 20 R6876-0001\1655305v4.doc 2-22 Ordinance No . Exhibit A Map as of Page 1of1 .......__.., ·--·-----.. ----·--...-.-:~:~.~=-...... ~ .. -....,,__...-.. .... r:~::c:~.!:':.==~':..=-- Ill ltoc•r« "• """'oar.-. <A f'.m;.g • lllilt1d't. r :tli ld• Ania 2 - 2 3 CITYOF CHO PALOS VERDES ·MEMORANDUM TO: FROM: DATE: · SUBJECT: REVIEWED: HONORABLE MAYOR & CITY COUNCIL MEMBERS JOEL ROJAS, DEVELOPMENT DIRECTOR NOVEMBER 6, 2013 INTRODUCTION OF ORDINANCE ADOPTING NEW STATE BUILDING CODES AND FIRE CODE CAROLYN LEHR, CITY MANAGER~ Project Manager: Paul Christman, Building Officia~v RECOMMENDATION 1) INTRODUCE ORDINANCE NO. _, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE THE 2013 EDITION OF THE CALIFORNIA BUILDING, RESIDENTIAL, GREEN BUILDING STANDARDS, PLUMBING, ELECTRICAL, MECHANICAL AND FIRE CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS; CHAPTER 7A OF TITLE 26 OF THE LOS ANGELES COUNTY CODE. THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS 1997 EDITION; THE UNIFORM HOUSING CODE 1997 EDITION; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2012 EDITION, WITH APPENDICES AND AMENDMENTS THERETO, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE; AND 2) AFFIRM STAFF'S INTERPRETATION THAT THE INSTALLATION OF NATURAL GAS EARTHQUAKE SHUT-OFF VALVES IS A FORM OF "EARTHQUAKE RETROFITTING" AND THEREFORE QUALIFIES FOR A 75% PERMIT FEE SUBSIDY UNDER THE PROVISIONS OF CURRENT FEE RESOLUTION NO. 2009-19; AND 3) INITIATE A DEVELOPMENT CODE AMENDMENT TO INCREASE THE ALLOWABLE HEIGHT OF FREESTANDING WALLS/FENCES FROM 6 FEET TO 7 FEET IN ORDER TO BE CONSISTENT WITH THE NEW STATE BUILDING CODE. 2-24 BACKGROUND On July 1, 2013, the California Building Standards Commission published the new California Building Standards Code. The California Building Standards Code is a compilation of building standards that apply to all occupancies in California. It includes the building code, plumbing code, electrical code, mechanical code, fire code, administrative code, and energy code, among others. Any city may establish more restrictive building standards than those in the California Building Standards Code if a · City finds that the more stringent standard or "local amendment" is necessary because of local climatic, geological or topographical conditions. However, if a City fails to adopt its own more restrictive standards, the codes published by the state become the City's codes on January 1, 2014. Therefore, the City has until December 31, 2013 to adopt the new 2013 state codes with its own local amendments. Like previous years, Staff intends to adopt the new Los Angeles County Fire Code with amendments which the County intends to adopt. However, Staff has been informed by the Courity that the new L.A. County Fire Code will likely not be adopted by the County until sometime in January or February 2014. Thus, in the interim, Staff is intends to adopt the 2013 State Fire Code with the local amendments that the City Council approved previously. It is Staff's intent to adopt the new 2013 State Building, Residential, Green Building Standards, Plumbing, Electrical, Mechanical and Fire Codes by reference with substantially the same local amendments that the City has adopted in the past along with one new local amendment proposed by Staff. An ordinance that accomplishes this has been drafted for Introduction this evening. DISCUSSION New 2013 California Building Code The attached ordinance adopts by reference the 2013 California Building Code, California Residential Code, California Green Building Standards Code, California Electrical Code, California Mechanical Code, California Plumbing Code and California Fire Code, the 1997 Uniform Housing Code, the 2012 International Property Maintenance Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, Chapter 7 A of Title 26 of the Los Angeles County Building Code, and the Los Angeles County Fire Code (collectively the "technical codes"). Some of the new requirements contained in the new state codes include: New Green Building/ Energy Code requirements for enhanced energy efficiency, water conservation, resource efficiency, interior environment & indoor air quality New Residential Building Code requirements for low window sill openings. Specifically, if a window sill is lower than 30 inches above the interior floor and more than 6 feet above the exterior grade, safety devices must be incorporated to prevent occupants from falling out of the window. New wireless technology requirements for the inter-connection of required smoke alarms within dwelling units. 2-25 An increase in the height that freestanding walls/fences are allowed without a building permit from 6 feet to 7 feet. New 2014 L.A. County Fire Code Since staff has not received the County's 2014 Fire Code adoption notification, the City ·plans on adopting the 2013 State Fire Code in the interim. While the State Code will not contain the strict ignition resistant construction requirements that are contained in the L.A. County Fire Code which apply to all new construction (new homes and additions/remodels) located within in a Very High Fire Hazard Severity Zone (VHFHSZ), L.A. County Building Code Chapter 7A, which will be adopted by the City, contains the same strict requirements. Since the entire City, with the exception of a small area off of Western Avenue, is identified as a VHFHSZ, this means that almost all new construction in the City will continue to have to comply with these more restrictive standards. These stricter ignition resistant requirements have been applied to all new construction (new homes and additions/remodels) in the City since January 1, 2011. Since that time, Staff has encountered a handful of situations where applicants have expressed a concern with the cost and necessity of complying with the strict ignition resistant construction requirements. For example, residents seeking to replace their windows find that they need to use more expensive tempered glass in order to be compliance. Furthermore, the requirements occasionally create incons~stencies in the design and appearance of a residence, whereby the addition is required to have fire resistive eaves or ignition resistant exterior materials that may not exactly match the older existing portion of the residence. Notwithstanding these concerns, Staff believes the ignition resistant construction requirements contained in L.A. County Building Code Chapter 7 A and the forthcoming 2014 L.A. County Fire Code provide greater fire protection to City residents. The adjacent communities of Rolling Hills and Rolling Hills Estates also utilize the same more restrictive requirements contained in the LA County Building & Fire Codes. Local Amendments The attached ordinance also contains existing local amendments that have been adopted by the City Council in the past. These local amendments address such issues as geotechnical hazards, pool safety fencing, and grading as well as minor changes to the technical codes. In addition to the same previously approved local amendments, Staff is proposing that the following additional local amendment be adopted with the new State Codes: "Conduct of Construction" -Staff is proposing that the regulations contained in the City's Development Code regarding Dust Control, Hours of Construction, Temporary Construction Fencing, Construction Site Maintenance, Cargo Containers Used for Construction, and Construction Vehicle Staging be cross- referenced in a new Section (15.18.11.0) of the Administrative Code. 2-26 Adoption Process When adopting a code by reference, State law requires that the City Council schedule a public hearing after first reading of the ordinance. The public hearing can occur in conjunction with the second reading of the ordinance. Pursuant to Government Code 50022.3, the notice of the public hearing must be published once a week for two successive weeks, with at least five days intervening between the respective pu_blications dates. If there is no newspaper of general circulation, which is the situation -in the City of Rancho Palos Verdes, the notice is posted for two consecutive weeks. In addition, the City Clerk is required to keep on file a copy of the code to be adopted by reference for at least 15 days before the public hearing. Pursuant to said adoption process, introduction of the ordinance adopting the new State codes with the local amendments described above will occur on November 61h. Any changes to the ordinance requested by the Council will be made by staff and the ordinance will be presented again to the Council for adoption on December .3, 2013 through a hoticed public hearing. Public notice of the December 3rd public he~ring will be published in the Peninsula News on November 14th and 21st. ADDITIONAL INFORMATION Natural Gas Earthquake Shut-off Valves In order to prevent gas leaks in the event of an earthquake, some residents desire to install emergency gas shut-off valves. Pursuant to the State Building Code, a permit is required for the installation of said valves. The cost of said permit from the City ranges from $131 to $149. Recently, the Mayor brought it to Staff's attention that some residents have raised concerns to her about the permit fee. Staff felt that the installation of emergency shut-off valves could qualify for a subsidy. Thus, Staff looked into this matter and while the requirement for a permit cannot be removed from the new State code, Staff believes that the installation of an automatic gas earth-quake shut-off valve can be considered a form of "Earthquake Retrofitting" which would make the permit for the installation of such valves eligible for a 75% fee subsidy as specified in the City's current fee resolution. This would mean that a City permit would still be required for the installation of said valves to ensure they are installed correctly, but the permit fee would be subsidized by the City by 75%. Staff is seeking the Council's affirmation of this interpretation. Allowance of 7-foot Freestanding Walls/Fences without a Permit As noted earlier in this staff report, the new State Code will allow freestanding walls and fences up to 7 feet without a permit whereas the current State Code requires a permit for freestanding walls/fences over 6 feet in height. The Building Official has reviewed this matter and does riot .find that there is reason for the City to adopt a local amendment to keep the City's permit trigger at 6-feet. Furthermore, Staff is proposing that the City's Development Code be amended to increase the allowable height of freestanding walls/fences from 6 feet to 7 feet in the City for the following reasons: 1) It would avoid a confusing inconsistency between the City's new Building Code and the existing Development Code. 2-27 ' . 2) It would avoid residents having to apply for a costly Minor Exception Permit or Variance application simply to add one foot to their existing wall or fence. 3) Any concerns that higher walls/fences could impair views would be addressed by the City's current Fence, Wall and Hedge Permit review process. -4) The amendment would be limited to Development Code sections that establish wall/fence height limits at 6 feet. Any existing Development Code restrictions that limit walls/fences to heights lower than 6 feet, such as in the front or street side yard setbacks, wou'ld not be changed. Therefore, Staff is recommending that the City Council initiate a code amendment to increase the allowable height of freestanding walls/fences from 6 feet to 7 feet to be consistent with the new State Building Code. If initiated, the amendment language would first be presented to the Planning Commission for its review and then the Commission's recommendation would be presented to the City Council for its final adoption. Since, the Planning Commission is currently reviewing a proposed code amendment to the City's Fence, wall and Hedge Permit process, Staff proposes to combine this initiated amendment with the Fence, Wall and Hedge Permit amendment. CONCLUSION It is Staff's intent to adopt the new 2013 State Building, Residential, Green Building Standards, Plumbing, Electrical, Mechanical and Fire Codes by reference with the same local amendments that the City has adopted in the past along with one new local amendment proposed by Staff. An ordinance that accomplishes this has been drafted for Introduction this evening. Furthermore, Staff is seeking direction on two aspects related to the new Building Code adoption. FISCAL IMPACT Other than the undetermined costs related to the 75% permit subsidy for the installation of gas earthquake shut-off valves, there are no fiscal impacts to the City associated with adoption of the new State Codes. ALTERNATIVES In addition to Staff's recommendations, the following alternatives are available to the City Council: 1) Direct Staff to add or eliminate specific local amendments to the new State Codes; and/or 2) Determine that the installation of a natural gas earthquake shut-off valve is not a form of "earthquake retrofitting", thereby directing Staff to amend the City's current Fee Resolution to subsidize or eliminate the permit fee for shut-off valves; and/or 3) Direct Staff to not amend the City's Development Code, thereby maintaining a 6- 2-28 ' ' foot height limit for freestanding walls and fences regardless of the new State Code that allows freestanding walls/fences up to 7 feet in height. Attachments: Draft Ordinance No. Resolution No. 2009-19 Exhibit 1 Page 6 Master Fee Schedule Building & Safety 2-29