331 ORDINANCE NO. 331
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, ADOPTING BY
REFERENCE THE 2019' CALIFORNIA FIRE CODE AS
AMENDED BY SAN BERNARDINO COUNTY FIRE
•
PROTECTION DISTRICT ORDINANCE NO. 20-01 AND
REPEALING AND REPLACING GRAND TERRACE
MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY TO
INCORPORATE THE NEW CODE AS AMENDED
WHEREAS, every three years, the State of California through the State Fire
Marshal amends and adopts the California Fire Code; and
WHEREAS, local jurisdictions must enforce the State Code; and
WHEREAS, fire districts may make local code amendments; and
WHEREAS, the San Bernardino County Fire Protection District has responsibility
for enforcement of the California Fire Code within the City of Grand Terrace; and
WHEREAS, the San Bernardino County Fire Protection District has developed
amendments suited to our local conditions; and
WHEREAS, the San Bernardino County Board of Supervisors acting as the Board
of Directors for the San Bernardino County Fire Protection District voted to adopt these
local amendments on January 28, 2020, pursuant to its Ordinance No. 20-01; and
WHEREAS, on April 28, 2020,, the Grand Terrace City Council adopted
Resolution No. 2020-10 ratifying the San Bernardino County Fire Protection District's
adoption of the 2019 California Fire Code which are enforceable in the City of Grand
Terrace; and
WHEREAS, on May 12, 2020, the City Council of the City of Grand Terrace
conducted a duly noticed public hearing at the Grand Terrace City Hall Council
Chambers located 22795 Barton Road on this Ordinance and concluded the hearing
that date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
• NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Ordinance No. 331 Page 1 of 7 May 12, 2020
application in form prescribed by him and submit any required
application, filing or permit fee. Applicable permit fees shall be set by
resolution of the City Council."
SECTION 43. Severability. Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall
have no effect on any other provision of this Ordinance or the application of this
Ordinance to any other person or circumstance and, to that end, the provisions hereof
are severable. The City Council of the City of Grand Terrace declares that it would have
Ordinance No. 330 Page 14 of 15 May 12, 2020
covered by such permit, the city engineer, if he deems it advisable,
shall have the right to do all work and things necessary to restore the
street or public place and to complete the excavation work. The permittee
shall be liable for the actual cost and an additional amount equal to the
City's actual costs for general overhead and administrative expenses
which shall be set by resolution of the City Council. The city shall have a
cause of action for all such costs and for all fees, expenses and amounts
Ordinance No. 330 Page 13 of 15 May 12, 2020
SECTION 1. The City Council hereby finds that adoption by reference of the state
fire code with local amendments does not constitute a project as defined by the
California Environmental Quality Act Guidelines Section 15378, therefore, no
environmental review is required.
SECTION 2.. The City Council finds that the above-stated recitals are true and
correct and are incorporated herein by this reference.
SECTION 3. The City Council hereby adopts by reference the 2019 California Fire
Code as amended by the!San Bernardino County Fire Protection District Ordinance No.
20-01. A true and correct copy of the 2019 California Fire Code and Ordinance No. 20-01
are on file with the City Clerk and available for public review.
SECTION 4. Chapter 15.18 is repealed in its entirety and replaced with the
following:
"Chapter 15.18 CALIFORNIA FIRE CODE
Section 15.18.010 Adoption.of the California Fire Code
The 2019 California Fire Code, with local amendments, as provided in San Bernardino
County Fire Protection District Ordinance No. 20-01, is hereby adopted by this
reference and concurrently ratified by Resolution of the City Council."
SECTION 5. 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 6. Any provision of the Municipal Code or appendices thereto
inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies
and no further, are repealed or modified to that extent necessary to affect the provisions
of this Ordinance.
SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision will not affect the validity of the remaining
portions of this Ordinance. The City Council of the City of Grand Terrace hereby declares
that it would have adopted this Ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections, subsection,
sentence clause, phrases or, portions be declared valid or unconstitutionally.
Ordinance No. 331 Page 2 of 7 May 12, 2020
nance to any other person or circumstance and, to that end, the provisions hereof
are severable. The City Council of the City of Grand Terrace declares that it would have
Ordinance No. 330 Page 14 of 15 May 12, 2020
covered by such permit, the city engineer, if he deems it advisable,
shall have the right to do all work and things necessary to restore the
street or public place and to complete the excavation work. The permittee
shall be liable for the actual cost and an additional amount equal to the
City's actual costs for general overhead and administrative expenses
which shall be set by resolution of the City Council. The city shall have a
cause of action for all such costs and for all fees, expenses and amounts
Ordinance No. 330 Page 13 of 15 May 12, 2020
SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
, days from its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 12th day of May 2020.
Darc M , ayor
ATTEST:.
Deebra t-Thomas CitY Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
Ordinance No. 331 Page 3 of 7 May 12, 2020
ABSENT: None.
ABSTAIN: None.
Executed this 13th day of May 2020, at Grand Terrace, California.
62
De•ra L. Thomas
City Clerk
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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.
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
Ordinance No. 331 Page 4 of 7 May 12, 2020
the provisions hereof
are severable. The City Council of the City of Grand Terrace declares that it would have
Ordinance No. 330 Page 14 of 15 May 12, 2020
covered by such permit, the city engineer, if he deems it advisable,
shall have the right to do all work and things necessary to restore the
street or public place and to complete the excavation work. The permittee
shall be liable for the actual cost and an additional amount equal to the
City's actual costs for general overhead and administrative expenses
which shall be set by resolution of the City Council. The city shall have a
cause of action for all such costs and for all fees, expenses and amounts
Ordinance No. 330 Page 13 of 15 May 12, 2020
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 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.
Ordinance No. 331 Page 5 of 7 May 12, 2020
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 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.
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
Ordinance No. 331 Page 6 of 7 May 12, 2020
lly 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.
Ordinance No. 331 Page 5 of 7 May 12, 2020
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
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.
C
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. 331 Page 7 of 7 May 12, 2020
emoval and enjoinment thereof in the manner
Ordinance No. 331 Page 6 of 7 May 12, 2020
lly 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.
Ordinance No. 331 Page 5 of 7 May 12, 2020
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. 331 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 May 2020, and that the same was passed and adopted by the
following vote:
AYES: Council Members Allen, Hussey, Robles; Mayor Pro Tem Wilson;
Mayor McNaboe
NOES: None.
ABSENT: None.
ABSTAIN: None.
Executed this 13th day of May 2020, at Grand Terrace, California.
cl)tiont -
Debra L. Thomas
City Clerk
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