HomeMy WebLinkAbout07-18 - Amending Code by Adopting 2007 Editions of California CodesORDINANCE NO. 07-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, AMENDING SECTIONS 5.1, 5-1.1, 5-2, 5-3, 5-12,
AND 5-95 OF TITLE 5 AND SECTIONS 7-14 THROUGH 7-21 OF TITLE 7
OF THE COSTA MESA MUNICIPAL CODE BY ADOPTING THE 2007
EDITIONS OF THE CALIFORNIA CODES AND RELATED MODEL
CODES WITH APPENDICES AND AMENDMENTS THERETO.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1
Section 5-1 of Chapter I, Title 5, of the Costa Mesa Municipal Code is hereby amended to
read as follows:
"Sec. 5-1 Construction Codes Adopted.
For the purpose of prescribing regulations for erecting, construction, enlargement,
alteration, repair, improving, removal, conversion, demolition, occupancy, equipment
use, height, and area of buildings and structures, the following construction codes
subject to the modifications set forth in this Chapter, are hereby adopted: the
California Building Code, 2007 Edition, based on the 2006 International Building Code
as published by the International Code Council, including Appendix Chapter 1; the
California Plumbing Code, 2007 Edition, based on the 2006 Uniform Plumbing Code
as published by the International Association of Plumbing and Mechanical Officials,
including Appendix A and Appendix L; the California Mechanical Code, 2007 Edition,
based on the 2006 Uniform Mechanical Code as published by the International
Association of Plumbing and Mechanical Officials; the California Electrical Code, 2007
Edition, based on the 2005 National Electrical Code as published by the National Fire
Protection Association; the International Property Maintenance Code, 2006 Edition, as
published by the International Code Council; the Uniform Code For The Abatement of
Dangerous Buildings, 1997 Edition, as published by the International Code Council.
For the purpose of prescribing regulations for grading and excavations, the most
current Orange County Grading and Excavation Code is hereby adopted. The
provisions of these Construction Codes as amended by this chapter shall constitute
the Building Regulations of the City of Costa Mesa. Where the California Code of
Regulations and State Building Standards Code of Regulations differ from any
sections of the Construction Codes, State regulations shall prevail over the
Construction Codes.
One (1) copy of all the above codes and standards therefore are on file in the
office of the building official pursuant to Health and Safety Code Section 18942 (d) (1)
and are made available for public inspection.
Notwithstanding the provisions of the above -referenced construction codes, all
fees for services provided pursuant to the construction codes shall not take effect until
a resolution for such fees is adopted by the City Council pursuant to California
Government Code Sections 66016 and 66020:"
Section 2
Section 5-1.1 of Chapter I, Title 5, of the Costa Mesa Municipal Code is hereby amended
to read as follows:
"Sec. 5-1.1 Amendments to the 2007 California Building Code.
a) 202 "High-rise structure" means every building of any type of construction or
occupancy having floors used for human occupancy located more than 55 feet
(16,764 mm) above the lowest floor level having building access (see Section
403.1.2), except buildings used as hospitals as defined in Health and Safety Code
Section 1250.
b) 403.10.2 Standby power loads. The following are classed as standby power
loads:
1. Power and lighting for the fire command center required by Section 403.8;
2. Electrically powered fire pumps.
Standby power shall be provided for elevators in accordance with Sections 1007.4
and 3003.
c) 403.11.1 Emergency power loads. The following are classified as emergency
power loads:
1. Exit signs and means of egress illumination required by Chapter 10;
2. Elevator car lighting;
3. Emergency voice/alarm communications systems;
4. Automatic fire detection systems;
5. Fire alarm systems; and
6. Ventilation and automatic fire detection equipment for smokeproof
enclosures.
d)
TABLE 1505.1a
MINIMUM ROOF COVERING CLASSIFICATIONS
TYPES OF CONSTRUCTION
IA
IB
IIA
1 IIB
1 IIIA
I IIIB
IVVA
VB
B
B
B
B
B
B
B
B
B
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Unless otherwise required in amordance with Chapter 7A.
e) 1505.1.3 Roof coverings within all other areas. The entire roof covering of
every existing structure where more than 50 percent of the total roof area is
replaced within any one-year period, the entire roof covering of every new
structure, and any roof covering applied in the alteration, repair or replacement of
the roof of every existing structure, shall be a fire -retardant roof covering that is
at least Class B.
Section 3
Section 5-2 (a) of Chapter I, Title 5, of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"(a) Enforcement of the Construction Codes adopted by section 5-1 shall be the
responsibility of the building official. All references to the building official or director
of building and safety shall deem to mean the building official responsible for the
division of building and code enforcement."
Section 5-2 (d) of Chapter I, Title 5, of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"(d) Where, in any specific case, different sections of the Construction Codes
specify different materials, methods of construction or other requirements, the most
restrictive shall govem."
Section 5-3 (b) of Chapter I, Title 5, of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"(b) The above -referenced appeals shall be filed with the building official on
application fors established by the appeals board and consistent with the
Construction Codes adopted in section 5-1. An appeal application fee shall be paid to
process the appeal as set by resolution of city council. Notice of the appeal and
appeal hearing shall comply with the Construction Codes adopted in section 5-1:"
Section 5-3 (f) of Chapter I, Title 5, of the Costa Mesa Municipal Code is hereby amended
to read as follows:
"(f) Where a notice and order of the building official or decision of an appeals
board under this section becomes final and a violation of this title has been
determined to exist, the city attorney is hereby authorized to commence civil or
criminal proceedings to abate the violation of the provisions of this title. A violation of
any provision of this title shall constitute a public nuisance and costs for abatement,
including attorney's fees and court costs, shall be subject to reimbursement from the
property owner to the city pursuant to the Construction Codes adopted in section 5-1:"
Section 5-12 of Chapter I, Title 5, of the Costa Mesa Municipal Code is hereby amended
to read as follows:
"Refund of any fee paid by the applicant pursuant to this title may be made as
provided in the Construction Codes adopted in section 5-1 or by established policy."
Section 5-95 of Chapter V, Title 5, of the Costa Mesa Municipal Code is hereby amended
to read as follows:
"Except as hereinafter provided all words and phrases as used in this chapter
shall have the same meanings as set forth in the California Building Code, and
amendments thereto:
Street. Shall mean a public street, road, alley, highway, right-of-way or other
ways dedicated to and for the public's use for travel."
Section 4
Section 7-14 of Chapter II, Title 7, of the Costa Mesa Municipal Code is hereby amended
to read as follows:
"Sec. 7-14 Adoption of the California Fire Code.
There is hereby adopted by the city council of the City of Costa Mesa, for the
purpose of prescribing regulations governing conditions hazardous to life and property
from fire, hazardous materials or explosion, that certain code known as the California
Fire Code, 2007 Edition, based on the 2006 International Fire Code as published by
the International Code Council, including Appendix Chapter 1, Appendix Chapter 4,
Appendix B, Appendix C, and Appendix H, of which not less than one (1) copy is filed
in the office of the city clerk and the same is hereby adopted and incorporated as fully
as if set out at length herein, and from the date on which this chapter shall take effect,
the provisions thereof shall be controlling within the limits of the City of Costa Mesa."
Section 5
Section 7-15 of Chapter II, Title 7, of the Costa Mesa Municipal Code is hereby amended
to read as follows:
"Sec. 7-15. Amendments to the 2007 California Fire Code.
202 "High-rise structure" means every building of any type of construction or
occupancy having floors used for human occupancy located more than 55 feet above
the lowest floor level having building access (see California Building Code, Section
403.1.2), except buildings used as hospitals as defined in Health and Safety Code
Section 1250:'
Section 6
Sec. 7-21 of Chapter II, Title 7, of the Costa Mesa Municipal Code is hereby amended to
read as follows:
"Sec. 7-21. Modification in code.
The chief of the fire department shall have the power to modify application of any
of the provisions of the California Fire Code upon application in writing by the owner
or lessee, or his duly authorized agent, when there are practical difficulties in the
way of carrying out the strict letter of the code, provided that the intent and spirit of
the code shall be observed, public safety secured, and substantial justice done.
The particulars of such modification when granted or allowed and the decision of the
chief of the fire department thereon shall be entered upon the records of the
department, and a signed copy shall be furnished to the applicant."
Sec. 7-15, 7-16, 7-18, 7-19, and 7-20 of Chapter II, Title 7, of the Costa Mesa Municipal
Code is hereby amended to delete all section no. referencing the previous Uniform Code.
Section 7
Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices
thereto 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 affect the provisions of this Ordinance.
Section 8
Severability. If any chapter, article, section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, or the application thereof to any person, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portion of this
Ordinance or its application to other persons. The City Council hereby declares that it
would have adopted this Ordinance and each chapter, article, section, subsection,
subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any
one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the
application thereof to any person, be declared invalid or unconstitutional. No portion of
this Ordinance shall supersede any local, State, or Federal law, regulation, or codes
dealing with life safety factors.
Section 9
This Ordinance shall take effect and be in full force thirty (30) days from and after the
passage thereof and prior to the expiration of fifteen (15) days from its passage shall be
published once in the NEWPORT BEACH/COSTA MESA DAILY PILOT, a newspaper
of general circulation, printed and published in the City of Costa Mesa, the City Clerk
may cause to be published this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of
adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk
shall cause to be published the aforementioned Ordinance and shall post in the office
of the City Clerk a certified copy of this Ordinance together with the names and member
of the City Council voting for and against the same.
PASSED AND ADOPTED this 16m day of October, 2007.
Allan R. Mansoor, Mayor
ATTEST:
Julie�ollc City Clerk
+ )j44 /-4
Kimberly H611 Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 07-18 was dully introduced for first reading
at a regular meeting of the City Council held on the 2" day of October, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the
City Council held on the 16' day of October, 2007, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, LEECE
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: FOLEY
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 16"' day of October, 2007.
�✓ _7e�
JULI FOLCIK, CITY CLERK
(SEAL)
I hereby certify that the above and foregoing is the original of Ordinance No. 07-18 duly
passed and adopted by the Costa Mesa City Council at the regular meeting held
October 16, 2007, and that Summaries of the Ordinance were published in the Newport
Beach -Costa Mesa Daily Pilot on September 13 and October 24, 2007.
JULIE FOLCIK, CITY CLERK
(SEAL)