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328 ORDINANCE NO. 328 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING SECTION 15.08.010 OF CHAPTER 15.08 (BUILDING CODE); AMENDING CHAPTER 15.09 (EXISTING BUILDING CODE); AMENDING SECTION 15.10.010 OF CHAPTER 15.10 (RESIDENTIAL CODE); AMENDING SECTION 15.12.010 OF CHAPTER 15.12 (ELECTRICAL CODE); AMENDING SECTION 15.16.010 OF CHAPTER 15.16 (PLUMBING CODE); AMENDING SECTION 15.17.010 OF CHAPTER 15.17 (GREEN BUILDING STANDARDS); ADDING CHAPTER 15.19 (HISTORICAL BUILDING CODE); AMENDING SECTION 15.20.010 OF CHAPTER 15.20 (MECHANICAL CODE); AND ADDING CHAPTER 15.21 (REFERENCED STANDARDS CODE) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE GRAND TERRACE MUNICIPAL CODE, THEREBY ADOPTING BY REFERENCE THE 2019 CALIFORNIA BUILDING CODE SERIES, INCLUDING THE 2019 CALIFORNIA BUILDING CODE, 2019 CALIFORNIA EXISTING BUILDING CODE, 2019 CALIFORNIA RESIDENTIAL CODE, 2019 CALIFORNIA ELECTRICAL CODE, 2019 CALIFORNIA PLUMBING CODE, 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2019 CALIFORNIA HISTORICAL BUILDING CODE, 2019 CALIFORNIA MECHANICAL CODE AND 2019 CALIFORNIA REFERENCED STANDARDS CODE WHEREAS, California Health and Safety Code Section 17950 requires that the California Building Standards Commission adopt and publish the California Code of Regulations, Title 24; and WHEREAS, every three years, California Code of Regulations, Title 24 is published to incorporate all code changes accepted by a majority vote of members at the annual code development meetings of the California Building Standards Commission. WHEREAS, new codes will become effective statewide on January 1, 2020; and WHEREAS, each jurisdiction in the State is mandated to adopt California Code of Regulations, Title 24 and make amendments to the codes that are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City Council of the City of Grand Terrace now desires to adopt the new state building codes that will become effective statewide on January 1, 2020, without any amendments thereto; and WHEREAS, a duly noticed public hearing, as required by California Government Code section 50022.3, was conducted prior to the adoption of this ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS: SECTION 1: Section 15.08.010 (Adoption) of Chapter 15.08 (Building Code) Ordinance No. 328 Page 1 of 12 November 12, 2019 of Title 15 (Buildings and Construction) is hereby amended to read as follows: Section 15.08.010 —Adoption Except as provided in this chapter, those certain building codes known and designed as the 2019 California Building Code, Title 24, Part 2, Volume 1 and 2, including Appendix Chapter"C "F, "G", "I', "J", based on the 2018 International Building Code, are hereby adopted by reference and shall become the Building Code of the City of Grand Terrace for regulating the construction, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the City. The California Code of Regulations and its appendix chapters will be on file for public examination in the office of the Building Official. SECTION 2: Chapter 15.09 (RESERVED) of Title 15 (Buildings and Construction) is hereby amended to read as follows: Chapter 15.09 EXISTING BUILDING CODE Section 15.09.010 —Adoption Except as provided in this chapter those certain building codes known and designed as the 2019 California Existing Building Code, California Code of Regulations, Title 24, Part 10, based on the 2018 International Existing Building are hereby adopted by reference and shall become the Existing Building Code of the City of Grand Terrace for regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use, occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures throughout the City. The California Existing Building Code and its chapters will be on file for public examination in the office of the Building Official. SECTION 3: Section 15.10.010 (Adoption) of Chapter 15.10 (Residential Code) of Title 15 (Buildings and Construction) is hereby amended to read as follows: Section 15.10.010 —Adoption Except as provided in this chapter those certain building codes known and designed as the 2019 California Residential Code, California Code of Regulations, Title 24, Part 2.5, based on the 2018 International Residential Code are hereby adopted by reference and shall become the Residential Building Code of the City of Grand Terrace for regulating the construction, occupancy, equipment, use, height, area and maintenance of all residential buildings and/or structures in the City. The California Residential Code and its chapters will be on file for public examination in the office of the Building Official. Ordinance No. 328 Page 2 of 12 November 12, 2019 SECTION 4: Section 15.12.010 (Adoption)of Chapter 15.12 (Electrical Code) of Title 15 (Buildings and Construction) is hereby amended to read as follows: Section 15.12.010-Adoption Except as provided in this chapter, the 2019 California Electrical Code, California Code of Regulations, Title 24, Part 3, based on the 2017 National Electrical Code as published by the National Fire Protection Association, are hereby adopted by reference and shall become the Electrical Code of the City of Grand Terrace, regulating all installations, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the City. The California Electrical Code is on file for public examination in the office of the Building Official. SECTION 5: Section 15.16.010 (Adoption) of Chapter 15.16 (Plumbing Code) of Title 15 (Buildings and Construction) is hereby amended to read as follows: Section 15.16.010-Adoption Except as provided in this chapter, the 2019 California Plumbing Code, California Code of Regulations, Title 24, Part 5, based on the 2018 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, are hereby adopted by reference and shall become the Plumbing Code of the City of Grand Terrace, regulating construction, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the City. The California Plumbing Code will be on file for public examination in the office of the Building Official. SECTION 6: Section 15.17.010 (Adoption) of Chapter 15.17 (Green Building Standards) of Title 15 (Buildings and Construction) is hereby amended to read as follows: Section 15.17.010-Adoption Except as provided in this chapter, the 2019 Green Building Standards Code, California Code of Regulations, Title 24, Part 11, as published by the California Building Standards Commission based on the 2018 International Green Construction Code, are hereby adopted by reference and shall become the Green Building Standards of the City of Grand Terrace. The provisions of this code shall apply to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure. The Green Building Standards Code will be on file for public examination in the office of the Building Official. SECTION 7: Chapter 15.19 (California Historical Building Code) of Title 15 Ordinance No. 328 Page 3 of 12 November 12, 2019 (Buildings and Construction) is hereby added to read as follows: Chapter 15.19 HISTORICAL BUILDING CODE Section 15.19.010—Adoption Except as provided in this chapter those certain building codes known and designed as the 2019 California Historical Building Code, California Code of Regulations, Title 24, Part 8, are hereby adopted by reference and shall become the Historical Building Code of the City of Grand Terrace for regulating the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical buildings or properties located in the City. The California Historical Building Code and its chapters will be on file for public examination in the office of the Building Official. SECTION 8: Section 15.20.010 (Adoption) of Chapter 15.20 (Mechanical Code) of Title 15 (Buildings and Construction) is hereby amended to read as follows: Section 15.20.010 -Adoption Except as provided in this Chapter, the 2019 California Mechanical Code, California Code of Regulations, Title 24, Part 4, based on the 2018 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, are hereby adopted by reference and shall become the Mechanical Code of the City of Grand Terrace, regulating and controlling the design, construction , installation, quality of materials, location, operation, and maintenance of heating, ventilating, cooling, refrigeration system, incinerators and other miscellaneous heat producing appliances. The California Mechanical Code is on file for public examination in the office of the Building Official. Ordinance No. 328 Page 4 of 12 November 12, 2019 SECTION 9: Chapter 15.21 (California Referenced Standards) of Title 15 (Buildings and Construction) is hereby added to read as follows: Chapter 15.21 REFERENCED STANDARDS Section 15.21.010—Adoption Except as provided in this chapter those certain building codes known and designed as the 2019 California Referenced Standards Code, California Code of Regulations, Title 24, Part 12 are hereby adopted by reference and shall become the Referenced Standards Code of the City of Grand Terrace for regulating every building or structure or any appurtenances connected or attached to such buildings or structures throughout the City. The California Referenced Standards Code and its chapters will be on file for public examination in the office of the Building Official. SECTION 10. Penalty Provisions. All violations of Title 15 of the Grand Terrace Municipal Code shall be punishable pursuant to Chapter 15.04 of Title 15 of the Grand Terrace Municipal Code ("Chapter 15.04") and as it may be amended from time to time. The current text of Chapter 15.04 as of the effective date of this Ordinance is set forth in full in Exhibit "A" of this Ordinance and is incorporated herein by this reference. SECTION 11. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. SECTION 12. Any provision of the Grand Terrace Municipal Code or appendices thereto that are inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. SECTION 13. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect this validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phase thereof, irrespective of the fact that any one or more sections, subsection, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional. Ordinance No. 328 Page 5 of 12 November 12, 2019 SECTION 14. First read at a regular meeting of the City Council held on the 8tn day of October 2019, and adopted, following a public hearing, at a regular meeting of the City Council on the 12t" day of November, 2019. SECTION 15. This ordinance shall become effective on January 1, 2020. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 12t" day of November 2019. Dar Na Mayor ATTEST: 041� Debra L. Thomas City Clerk APPROVED AS T ORM: Adrian R. Guerra City Attorney Ordinance No. 328 Page 6 of 12 November 12, 2019 EXHIBIT A CHAPTER 15.04 OF TITLE 15 OF THE GRAND TERRACE MUNICIPAL CODE Chapter 15.04 - GENERAL PROVISIONS FOR UNIFORM CODES 15.04.010 -Applicability. The requirements of this Chapter are general in nature and apply to all the provisions in this Title. 15.04.020 - Substitution of references. Whenever in any of the codes adopted in this Title there appears a reference to the following names or terms, those names or terms shall be deemed and construed as follows: A. "Administrative Authority," "Building Official," "Electrical Safety Engineer" or any other similar terms which makes reference to the individual official, board, department or agency created by law to administer and enforce the provisions of the code adopted in this Title shall mean the "Director of Building and Safety and his authorized assistants." B. "City of or any similar reference to a political entity means the incorporated territory of the City. 15.04.030 - Findings. The City Council finds that these regulations and provisions and those of the codes adopted in this Title are in compliance with Section 17922 of the Health and Safety Code of the State of California and that the modifications and changes herein made to the model codes adopted in this Chapter are necessary due to local conditions. A copy of the ordinance adopting this provision shall be forwarded to the Department of Housing and Community Development of the State of California by the City Clerk, and the copy will serve to satisfy the requirement of filing of findings as stated in Section 17958.7 of the Health and Safety Code of the State of California. Ordinance No. 328 Page 7 of 12 November 12, 2019 15.04.040 - Permit fees. Any and all references to fees in any of the uniform codes adopted in this title are deleted; such fees shall be set by resolution of the city council. 15.04.050 - Annual permits. A. Where any person, firm or corporation in the course of normal maintenance procedures proposes to install, alter or repair any electrical wiring, devices, appliances, plumbing, drainage systems, septic tanks, seepage pits, leaching lines, heating, ventilating, refrigeration or water conservation equipment in an existing facility located on property under the direct control of such person, firm or corporation and is able to, and does in fact, furnish inspection service which meets the requirements and rules and regulations of this code, and whose operations are under the continuous supervision of a professional engineer or engineers, duly registered with and licensed by the state of California, such person, firm or corporation shall not be required to obtain approval at each consecutive inspection step of the installation, alteration or repair but shall be required only to obtain an annual permit or annual permits and assure that the work in progress is accessible to the director of building and safety for such periodic inspections as he may deem necessary. B. The fee for each separate annual permit (electrical, plumbing, mechanical) shall be based upon the number of employees doing work in the crafts covered in each annual permit in accordance with a resolution of the city council. C. The designated responsible supervising engineer shall file with the building and safety department a written report specifying the work done under the issued annual permit. Such written report shall be filed with the department of building and safety within thirty days following the end of the fiscal year for which the permit was issued. 15.04.060 - Enforcement—Appeals. It shall be the duty of the director of building and safety to enforce the provisions of the Uniform Building Code, National Electrical Code, Uniform Mechanical Code, Uniform Plumbing Code and Uniform Solar Energy Code, respectively, and to determine the intent and meaning thereof. Any determination or decision, made by the director of building and safety, which is in dispute, is subject to review and final decision by the city council or by Ordinance No. 328 Page 8 of 12 November 12, 2019 a board of appeals as established by Section 204 of the Uniform Building Code, 1979 Edition. 15.04.070 - Soil report. A. Subdivision maps shall not be given a final approval until a preliminary soil report, prepared by a civil engineer, registered by the state of California, has been filed with and approved by the director of building and safety. B. The preliminary soil report shall indicate the presence, if any, of expansive soils or any other soil problem which, if not corrected, would lead to structural defects. If defective soil conditions are indicated, the preliminary report shall include recommendations for corrective measures intended to prevent structural damage to buildings erected on the site. Acceptance and approval of these recommendations shall not preclude the consideration and approval of alternate methods of correction which may be submitted by any other California-registered civil engineer when accompanying a permit application for construction of a specific building or buildings. C. The preliminary soil report shall be based upon test borings or excavations. The number of borings or excavations shall be adequate to determine fully the extent and degree of soil problems, if any, which exist in the proposed subdivision; provided, however, that not less than three such borings or excavations shall be required for each report. If critically defective soil conditions are disclosed by initial borings or excavations, additional borings or excavations shall be made at the probable building location on each lot or parcel within the subdivision. Appropriate notations shall be made upon the subdivision map so as to indicate the location and type of defective soil noted in the preliminary report. D. The director of building and safety shall approve the preliminary soil report: 1. If no defective soils are present on the site; or 2. If the corrective measures recommended in the report would be likely to prevent structural damage to any buildings constructed on the site. E. The preliminary soil report may be waived when the sole purpose of the subdivision map is to assemble small lots or parcels into larger lots or parcels to define, adjust or correct property lines of existing subdivisions. F. The issuance of a building permit for the construction of a building on a lot or parcel of land which has been found to have defective soils shall be conditioned to the Ordinance No. 328 Page 9 of 12 November 12, 2019 incorporation of an approved corrective measure intended to prevent structural damage to the building. 15.04.080 - Water conservation. Water used as a coolant in any stationary equipment or machinery, or water utilized for heating or cooling in an industrial process, shall not be wasted but shall be recirculated and reused. Every evaporative cooler shall be equipped with a circulating pump. 15.04.090 - Deadline for on-site improvements. On-site improvements required by the terms of Title 18 must be completed or a cash deposit submitted and approved prior to occupancy or prior to connection of utilities. 15.04.100 - Work started without permit. Where work for which a permit is required by the codes adopted in this title is started or proceeded with prior to obtaining the permit, the specified fees shall be doubled, but the payment of such penalty fee shall not relieve any persons from fully complying with the requirements of these codes in the execution of the work nor from any other penalties prescribed in this code; provided, however, that this provision shall not apply to emergency work when it is proved to the satisfaction of the director of building and safety that such work was urgently necessary and that it was not practical to obtain a permit therefor before commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and if there is an unreasonable delay in obtaining such permit, a double fee as provided in this section shall be charged. Any section in any of the codes adopted in this title which is in conflict to this section is repealed. 15.04.110 - Interpretation of minimum requirements. In interpreting and applying the provisions of this title, its provisions shall be held to be the minimum requirements for the promotion of public health, safety and general welfare. Ordinance No. 328 Page 10 of 12 November 12, 2019 15.04.120 - Nuisance abatement. Any building or structure erected or maintained, or any use of property contrary to the provisions of this title is a public nuisance and the city attorney shall, upon order of the director of building and safety, immediately commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure or use, and restrain and enjoin any person from erecting or maintaining such building or structure or using any property contrary to the provisions of this title. It shall be the right and duty of every citizen to participate and assist the city officials in the enforcement of the provisions of this title. 15.04.130 - Remedies cumulative. All remedies provided for in this title shall be cumulative and not exclusive. The conviction and punishment of any person under this title shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof. 15.04.140 - Notice of administrative action. A notice of pendency of administrative action or proceeding may be filed in the city clerk's office at the time of commencement of action or proceeding or at any time before final judgment or order. The city clerk shall record and index the pendency of action in the name of each person specified in the action or proceeding. After all required work has been completed and approved, the director of building and safety shall record in the office of the city clerk a document terminating the above notice. 15.04.150 -Action by City. In the event that any person, firm or corporation fails, neglects or refuses to demolish, remove, abate or correct a structure or condition existing in violation of this Title, upon his or its property, after a civil court order or criminal conviction obtained pursuant to this Chapter the City Council may order the Director of Building and Safety to demolish, remove, abate or correct the offending structure or condition. A statement of the cost of Ordinance No. 328 Page 11 of 12 November 12, 2019 such work shall be transmitted to the City Council, which shall cause the same to be paid and levied as a special assessment against the property. 15.04.160 -Violation—Penalty. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this Title, or of any permit or exception granted under this Title, is guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Chapter 1.16 of this Code. No suspension of sentence or probation shall be granted to any such violator unless there is included in the terms thereof that the violator shall comply with the provisions which he has been convicted of violating and shall abate or correct the illegal condition, alteration, enlargement, conversion, movement or maintenance of any building established, constructed, operated or maintained contrary to the provisions of this Code. Ordinance No. 328 Page 12 of 12 November 12, 2019 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 328 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, at the regular meeting of said City Council held on the 12th day of November 2019, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Hussey, Robles; Mayor Pro Tern Wilson; Mayor McNaboe NOES: None. ABSENT: None. ABSTAIN: None. Executed this 14t" day of November 2019, at Grand Terrace, California. ebra L. Thomas = City Clerk [SEAL]