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HomeMy WebLinkAbout1171 - 2016 Building Code AmendmentORDINANCE NO. 1171 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING PORTIONS OF DIVISION 3, CHAPTERS 1 AND 2 OF THE UKIAH CITY CODE, PERTAINING TO THE ADOPTION OF THE BUILDING CODES AND AMENDMENTS THEREOF The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Ukiah City Code Sections 3003, 3008, and 3009 in Division 3, Chapters 1, Article 2 of the Ukiah City Code, are hereby amended to read as follows. § 3003: CALIFORNIA RESIDENTIAL CODE: The term "California Residential Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Residential Code" including the following appendices: V (Swimming Pool Safety Act) with the year of the edition designated. § 3008: CALIFORNIA HISTORICAL BUILDING CODE: The term "California Historical Building Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Historical Building Code" including Appendix A (Provisions of Chapter 8-6 Applicability), with the year of the edition designated. § 3009: CALIFORNIA EXISTING BUILDING CODE: The term "California Existing Building Code" as used in this Chapter shall mean the publication published by the California Building Standards Commission entitled "California Existing Building Code" including the Appendix A Chapter Al (Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings), Referenced Standards, Appendix A Chapter A3 (Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light, Wood -Frame Residential Buildings), Appendix A Chapter A4 (Earthquake Risk Reduction in Wood -Frame Residential Buildings with Soft, Weak or Open Front Walls), with the year of the edition designated. SECTION TWO. New Sections 3031-35 and 3039 are hereby added to and existing Sections 3031-3033 are re -numbered and amended as Sections 3036-3038 in Division 3, Chapter 1 Article 3 of the Ukiah City Code, to read as follows. § 3031: CALIFORNIA BUILDING CODE APPENDIX G, SECTION G102.3 IS ADDED AS FOLLOWS: Legal Authority Authorizing Regulation of Land Use. The legal authority authorizing the regulation of land use includes California Government Code Sections 65302, 65560 and 65800, authorizing local governments to promote the public health, safety, and general welfare of its residents through the adoption of zoning and subdivision ordinances, the authorities cited in the California Building Standards Code and the other codes adopted in this Division 3 of the Ukiah City Code and in the subdivision and zoning regulations contain in Division 9 of this Code. Page 1 of 3 § 3032: CALIFORNIA BUILDING CODE APPENDIX G, SECTION G102.4 IS ADDED AS FOLLOWS: Abrogation and Greater Restrictions. These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, storm water management regulations, or building codes. In the event of a conflict between these regulations and any other ordinance, code, or regulation, the more restrictive shall govern. § 3033: CALIFORNIA BUILDING CODE APPENDIX G, SECTION G102.5 IS ADDED AS FOLLOWS: Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Ukiah, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. § 3034: CALIFORNIA BUILDING CODE APPENDIX G, SECTION G102.6 IS ADDED AS FOLLOWS: Severability. This Chapter and the various parts thereof are hereby declared to be severable. Should any section of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. § 3035: CALIFORNIA BUILDING CODE APPENDIX G, SECTION G103.10 IS ADDED AS FOLLOWS: Requirement to Submit New Technical Data. The Building Official shall require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to the Federal Emergency Management Agency the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change the base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available. § 3036: CALIFORNIA RESIDENTIAL CODE SECTION R105.5 IS AMENDED AS FOLLOWS: Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void unless a required inspection is received and signed off within 180 days after its issuance or within 180 days of the last received and signed off inspection. If a permit expires, the permittee may apply to reinstate the permit, subject to a fee established from time to time by resolution of the City Council. § 3037: CALIFORNIA MECHANICAL CODE SECTION 104.4.3 IS AMENDED AS FOLLOWS: Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void unless a required inspection is received and signed off within 180 days after its issuance or within 180 days of the last received and signed off inspection. If a permit expires, the permittee may apply to reinstate the permit, subject to a fee established from time to time by resolution of the City Council. § 3038: CALIFORNIA PLUMBING CODE SECTION 104.4.3 IS AMENDED AS FOLLOWS: Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void unless a required inspection is received and signed off within 180 days after its issuance or within 180 days of the last received and signed off inspection. If a permit expires, the permittee may apply to reinstate the permit, subject to a fee established from time to time by resolution of the City Council. Page 2 of 3 § 3039: CALIFORNIA ELECTRICAL CODE SECTION 89.108.4.1 IS AMENDED AS FOLLOWS: Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void unless a required inspection is received and signed off within 180 days after its issuance or within 180 days of the last received and signed off inspection. If a permit expires, the permittee may apply to reinstate the permit, subject to a fee established from time to time by resolution of the City Council. SECTION THREE. 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be in full force and effect on January 1, 2017. Within fifteen days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within 15 days after its adoption. Introduced by title only on November 2, 2016, by the following roll call vote: AYES: Councilmembers Crane, Mulheren, Doble, Brown, and Mayor Scalmanini NOES: None ABSENT: None ABSTAIN: None Adopted on November 16, 2016 by the following roll call vote: AYES: Councilmembers Crane, Mulheren, Doble, Brown, and Mayor Scalmanini NOES: None ABSENT: None ABSTAIN: Non e ATTEST: K istine Lawler, City Clerk Page 3 of 3 - � li/ Ad Stephen G. Scalmanini, Mayor