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HomeMy WebLinkAboutORD NO 3658ORDINANCE NO. ~ 6 5 8 AN ORDINANCE REPEALING CHAPTER 15.12 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE UNIFORM BUILD1NG CODE AND ADOPTING AND ADDING A NEW CHAPTER 15.12 THERETO. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 15.12 of the Bakersfield Municipal Code relating to the Uniform Building Code is hereby repealed. SECTION 2. A new chapter 15.12 of the Bakersfield Municipal Code is hereby added to read as follows: Sections: 15.12.010 15.12.020 15.12.030 15.12.040 15.12.050 15.12.060 15.12.070 15.12.080 15.12.090 15.12.110 15.12.120 15.12.130 15.12.140 15.12.150 15.12.160 15.12.170 15.12.180 Chapter 15.12 UNIFORM BUILDING CODE Adoption. Deletions. Modifications. Section 104.211 added - Dust abatement. Section 106.1 amended - Permits required. Section 106.4.1 amended - Permit issuance. Section 107.6 amended - Fee refunds. Section 108.5.4 amended - Frame inspections. Section 308.1 amended - Group 1 and Table 3-A nurseries and nursing homes. Section 312.3 amended - Location on property. Section 904.2.3 & 904.2.3.7 - Group A occupancies Section 1634 added - Geological or flood hazards. Section 1701.2 amended - Special inspector. Section 1701.7 amended - Approved fabricators. Section 1806.1 amended - General. Section 1905.2.4 amended - Alternative methods of construction. Section 2326.1.2.3 amended - Framing. 15.12.190 15.12.200 15.12.210 15.12.220 15.12.230 15.12.240 15.12.250 15.12.260 Section 3405 amended - Change in use. Appendix Section 3305 amended - Scope Appendix Section 3306 amended - Word substitutions. Appendix Section 3309.1, 3309.2 and 3309.3 amended - Approval requirements. Appendix Section 3315.4 amended - Word substitutions. Appendix Section 3317.1 amended - Word substitutions. Appendix Section 3318.2 amended - Notification of completion. Appendix Chapter 34 Division I - amended. 15.12.010 Adoption. Except as provided in this chapter, that certain building code known and designated as the Uniform Building Code, Volumes 1,2 and 3, 1994 Edition, which code was sponsored and copyrighted by the International Conference of Building Officials, a copy of which is on file in the Building Department of the City for use and examination by the public, and each portion and provision thereof, is hereby adopted by reference as modified and amended in this chapter and is declared to be the building code of the City for the purpose of regulating the erection. construction, enlargement, alteration, repair, moving, removal, demolition. conversion. occupant, use, height and maintenance of all structures and certain equipment therein specifically regulated within the incorporated limits of issuance of permits and the collection of fees therefor. 15.12.020 Deletions. The following sections. tables and chapters of the Uniform Building Code, 1994 Edition, or appendix thereto, are not adopted as part of the ordinance codified in this chapter and are deleted: Section 105 - Board of Appeals; Section 107.3 - Plan review fees; Table No. 1-A - Building Section 1633, EQ - Recording instrumentations; Appendix Section 3309.9 - Issuance of grading permits; Appendix Section 3310 - Grading fees; Appendix Cha Appendix Cha Appendix Cha Appendix Cha Appendix Cha Appendix Cha Appendix Cha ~ter 3 - Use or occupancy; ~ter 4 - Special use and occupancy; ~ter 11 - Accessibility,; ~ter 13 - Energy conservation in new building construction; ~ter 16 - Structural forces: >ter 29 - Minimum plumbing fixtures; ~ter 30 - Elevators. dumbwaiters, escalators and moving walks; 2 15.12.030 Modifications. The sections of the Uniform Building Code, Volumes 1, 2 and 3, 1994 Edition, mentioned in Sections 15.12.040 through 15.12.260 of this chapter, as adopted by reference, are amended as provided in Sections 15.12.040 through 15.12.260 of this chapter. 15.12.040 Section 104.2.11 added - Dust abatement. Section 104.2.11 is added to read as follows: The Building Official shall have the authority to require any reasonable means, including the use of water, to prevent dust or other particles from polluting the air and to prevent or abate any nuisance caused by the performance of any of the building or work authorized by this Code. Any person engaged in the doing or causing such building or work to be done shall, by the use of water or other means approved by the Building Official, prevent dust or other particles from polluting the air or becoming a nuisance. 15.12.050 Section 106.1 amended - Permits required. Section 106.1 is amended by adding the following second paragraph: Spas, hot tubs. and hydromassage bathtubs shall require a separate permit. 15.12.060 Section 106.4.1 amended - Permit issuauce. Section 106.4.1 is amended by adding the following paragraphs thereto: Building permits for conversion of private garages to any other use shall not be issued until all necessary clearing and grading of the new parking area has been accomplished and access has been provided thereto from a public street and such work has been completed to City standards and approved by the Building Official. Building permits for construction, installation or placement of any building for sale, lease or financing on any lot or parcel, except for model homes, or to allow occupancy thereof, for which a final map or parcel map is required by Title 16 of the Bakersfield Municipal Code, shall not be issued until such map thereof, in full compliance with said Title 16 and the Subdivision Map Act, has been filed for record by the County Recorder. Building permits shall not be issued if the use thereof on the land proposed is in violation of the provisions of Title 17 of the Bakersfield Municipal Code. 3 15.12.070 Section 107.6 amended - Fee refunds. Refunds on unused and duplicate building permits shall be made as follows: 1. Unused permits over fifteen dollars ($15.00) shall be refunded in the amount equal to two-thirds of the amount over fifteen dollars ($15.00). 2. Duplicate permits shall be refunded for full fee minus twenty dollars ($20.00). 3. Requests for refund for unused or duplicate permits must be presented within sixty. days of issuance. After that time they shall not be eligible for refund. 15.12.080 Section 108.5.4 amended - Frame inspections. Section 108.5.4 "Frame inspection" is amended by adding exceptions 1 and 2. Exception: 1. Tile roofs shall be substantially complete except around skylights, solar panels and walls that will have siding or plaster applied from the roof. Exception: 2. Special order tile roofs or other special order type roofs (metal tile, etc.) shall not be required to be installed if tile is back ordered or being shipped late due to availability. 15.12.090 Section 308.1 Grouo I and Table 3-A amended - Nurseries and nutsira! homes. Section 308.1 and Table 3-A amend Divisions l and 2 to read as follows: Division 1.1 Nurseries for the full-time care of children under the age of six (6) (each accommodating more than six (6) persons). Hospitals. sanitariums, nursing homes with nonambulatory patients and similar buildings (each accommodating more than six (6) persons). Division 2. Nursing homes for ambulatory patients, homes for children six (6) years of age or over (each accommodating more than six (6) persons). 15.12.110 Section 312.3 amended - Location on property. Secnon 312.3 is amended by adding the following second paragraph: Exterior wall fire protection for one (1) story, unenclosed, accessory use, patio roofs, canopies, awnings, carports, arbors, lath houses, greenhouses and other special purpose roof structures classed as "U" occupancy may be waived upon approval of the Building Official. 4 15.12.120 Subsections 904.2.3.8, 904.2.3.9 and 904.2.3.10 added - Fire extinguishing, systems. Section 904.2.3.8 is added to read as follows: Group A Occupancies Automatic sprinkler systems shall be installed throughout all new buildings containing a Group A-1, A-2 or A-2.1 Occupancy in any portion of the building, and throughout all existing buildings where the assembly occupant load in any one room is increased fifty percent (50%) within a twelve (12) month period and exceeds three hundred (300) people. Subsection 904.2.3.9 is added to read as follows: 904.2.3.9 New Buildings An automatic sprinkler system shall be installed throughout all new buildings where the total building area exceeds ten thousand (10,000) square feet, area separation walls notwithstanding. To be classed as another building, for the purpose of this subsection, the exterior wall must be separated by twenty (20) feet from the exterior wall of another building. Unenclosed overhangs, balconies. arcades and the like may encroach a maximum of three (3) feet from each exterior wall or assumed exterior wall line. 904.2.3.10 Existing Buildings In buildings where a fully automatic sprinkler protection system exists and where said buildings undergo remodeling and/or alterations or additions, the automatic sprinkler system shall be kept in good operable condition and be extended to include additions, area separation walls notwithstanding. In buildings where an automatic sprinkler system does not exist, and the floor area is increased fifty percent (50%) or more within a twelve (12) month period, and the floor area exceeds ten thousand (10,000) square feet before or after the addition, an automatic sprinkler system shall be installed throughout the total building. 15.12.130 Section 1634 added - Geolol~ical or flood hazards. Section 1634 is added to read as follows: Section 1634 Geological or Flood Hazards. If in the opinion of the Building Director a structure to be used for human habitation or occupancy is proposed to be located such that it would be subject to geological or flood hazards or mud slide, to the extent that it would endanger human life or safety, a permit to construct shall be denied, unless corrective work satisfactory to the Building Director can be done to eliminate or sufficiently reduce the hazard. No structures shall be permitted where prohibited under the City flood plain Ordinance. 5 The Building Director, in formulating his opinion as to the extent of the hazard, may take into consideration such data as is available from federal, state and local agencies having information and knowledge relative to such hazardous conditions. He may require applicants to furnish geological and/or engineering studies, reports and recommendations prepared by a registered geologist and/or civil engineer for corrective work, sufficient to establish the safety of the proposed structure, including a statement verifying all corrective work was performed. 15.12.140 Section 1701.2 amended - Special insoector. Section 1701.2 is amended to read as follows: Special Inspector. The special inspector shall be a qualified person approved by the Building Official and shall be chosen by and responsible to the architect or engineer responsible for designing the structure. 15.12.150 Section 1701.7 amended - Aporoved fabricators. Section 1701.7 is amended by adding a second paragraph as follows: The Building Official may accept fabricators at his discretion based upon testing and/or evaluations by other responsible organizations or agencies. 15.12.160 Section 1806.1 amended - General Section 1806.1 is amended by adding third and fourth paragraphs to read: AJl continuous footings constructed of masonry or concrete shall be reinforced with a minimum of two (2) No. 4 continuous reinforcing bars for light-weight frame wall construction and two (2) No. 5 continuous reinforcing bars for concrete or masonry wall construction. One bar shall be placed 2" from the top and the other bar 3" from the bottom of the footings. These continuous bars shall be lap spliced at splices, corners and intersections with a lap of 1'-3" for No. 4 bars and 1'-8" for No. 5 bars. .~II concrete floor slabs poured on earth, for buildings of group R occupancies, including garage floor slabs, shall be reinforced with a welded wire fabric of 6 x 6- 10/10 minimum weight. 15.12.170 Section 1905.2.4 added - Alternative methods of construction. Section 1905.2.4 is added to read as follows: ,MI concrete shall attain a minimum 28 day compressive strength of 2500 P.S.I. This includes concrete for all structures, footings, floor slabs, driveways, porches, patios, sidewalks, etc. All concrete shall contain a minimum of 5 sacks of cement for each cubic yard of concrete. The concrete proportions for all concrete mixes shall meet the requirements of this building code and be submitted to the Building Department for approval upon request. Exception: The cement content may be reduced to less than 5 sacks per cubic yard if a mix design is prepared and signed by a qualified registered civil engineer. This mix design shall be submitted to and approved by the Building Department prior to use. The engineer shall provide general field supervision of the concrete placement. 15.12.180 Section 2326.12.3 amended - Framing. Section 2326.12.3 is amended by adding an exception: Exception: Volume area ridge beams may be the same size as the rafters. 15.12.190 Section 3405 amended - Chanse in use. Section 3405 is modified by adding a second exception, as follows: Exception: Any occupancy change of use from existing dwelling to commercial structure must meet the following: Single story and less than 2500 square feet. Exception: A two story structure secured so as not to allow access to second story except for separate residential use. B. Building structurally sound and in good condition overall. C. Three foot side yards minimum. New construction in compliance with current adopted Building Code. D. Remodel work wholly within the building. Minor exterior remodel acceptable. E. Electrical deficiencies corrected to the current adopted code. ?. Mechanical and plumbing deficiencies corrected to the current adopted code. G. Occupancy shall be minor Group B-2 office or restricted commercial use. H. Off-street parking shall conform to Parking Ordinance with handicapped stall. 1. The proposed use must be permitted in the zone. J. Handicapped access and bathroom facilities must be provided to the satisfaction of Building Director. K. Building must have a fire-retardant roof covering as defined by the Uniform Building Code. L. New or existing curb, gutter and sidewalk must satisfy Public Works standards. M. Site Plan Review - minimum fee. 15.12.200 Apnendix Section 3305 amended - Scone. Section 3305 of the Appendix is amended by adding a third and fourth paragraph to read as follows: Each drainage and grading plan submitted to city for approval shall conform to adopted city standards approved by the city engineer and to those contained in Chapter 16 for subdivisions. The Building Official may, after acceptance and approval of a civil engineer's report, waive or modify any requirement of this Chapter if he determines the modification or waiver will provide for the public safety and will not violate good construction practices. Section 3305 is further amended by substituting the word "approval" for the words "issuance of permits." 15.12.210 Anoendix Section 3306 amended - Word substitutions. The heading of Appendix Section 3306 is amended to read: "Approval Required." Section 3306 is further amended by substituting the words "an approval" for the words "a grading permit." 15.12.220 Annendix Sections 3309.1, 3309.2, and 3309.3 amended - Anproval Requirements. Sections 3309.1, 3309.2 and 3309.3 are amended to read as follows: 3309.1 Approval Required. Except as exempted in Section 3306 of this Code, no person shall do any grading without first obtaining approval from the Building Official. A separate approval shall be required for each site and may cover both excavations and fills. 8 3309.2 Application. The application for approval shall be in the form of a preliminary report indicating grading work to be done. 3309.3 Plans and Specifications. When required by the Building Official, each application for approval shall be accompanied by four (4) sets of plans and specifications and supporting data consisting of a soil engineering report and engineering geology report. The plans and specifications shall be prepared and signed by a civil engineer. 15.12.240 Section 3317.1 amended - Word substitutions. Section 3317.1 is amended by substituting the words "an approval" for the words "a permit". 15.12.250 Section 3318.2 amended - Notification of completion. In Section 3318.2. substitute the word "applicant" for the word "permittee" and add the following second paragraph: The Building Director of the City of Bakersfield shall not approve any building permit on any lot within any new subdivision until the final grading report as required has been submitted to and accepted by said Building Director. 15.12.260 Appendix Chapter 34. Appendix Chapter 34 Division 1 is replaced in its entirety to read as follows: EXISTING BUILDINGS 3406.1 Purpose. The purpose of this section is to provide a reasonable degree of safety for persons living and sleeping in apas tment houses and hotels by providing for alterations to such existing buildings as do not conform with the minimum safety requirements of this code. 3406.2 Scope. The provisions of this section shall apply exclusively to existing nonconforming Group R, Division 1 Occupancies more than two stories in height. 3406.3 Number of Exits. Every apartment and every other sleeping room shall have access to not less than two exits. A fire escape as specified herein may be used as one required exit. Subject to the approval of the Building Official, a ladder device as specified herein may be used in lieu of a fire escape when the construction features or the location of the building on the property cause the installation of a fire escape to be impractical. 9 3406.4 Stair Construction. All stairs shall have a minimum run of 9 inches and a maximum rise of 8 inches and a minimum width exclusive of handrails of 30 inches. Every stairway shall have at least one handrail. A landing having a minimum horizontal dimension of 30 inches shall be provided at each point of access to the stairway. 3406.5 Interior Stairways. Every interior stairway shall be enclosed with walls of not less than one-hour fire-resistive construction. Where existing partitions form part of a stairwell enclosure, wood lath and plaster in good condition will be acceptable in lieu of one-hour fire-resistive construction. Doors to such enclosures shall be protected by a self-closing door equivalent to a solid wood door not less than 1-3/4 inches thick. Enclosures shall include landings between flights and any corridors, passageways of public rooms necessary for continuous exit to the exterior of the building. 3406.6 Exterior Stairways. Exterior stairs shall be noncombustible or of wood of not less than 2-inch nominal thickness with solid treads and risers. 3406.7 Fire Escapes~ Exit Ladder Devices. Fire escapes may be used as one means of egress. if the pitch does not exceed 60 degrees, the width is not less than 18 inches. the treads are not less than 4 inches wide. and they extend to the ground or are provided with counterbalanced stairs reaching to the ground. Access shall be by an opening having a minimum dimension of 29 inches when open. The sill shall be not more than 30 inches above the floor and landing. A ladder device when used in lieu of a fire escape shall conform to U.B.C. Standard No. 10-3 and the following: A. Serves an occupant load of nine people or less or a single dwelling unit or hotel room. B. The building does not exceed three stories in height. C. The access is adjacent to an opening as specified for emergency egress or rescue or from a balcony. D. The device does not pass in front of any building opening below the unit being served. E. The ladder device is accessible only to the opening or balcony served. F. The device as installed will not cause a person using it to be within 12 feet of exposed energized high-voltage conductors. 10 3406.8 Doors and Openings. Exit doors shall meet the requirements of Sections 1004.2, 1004.3, 1004.4 and 1005.8. Doors shall not reduce the required width of stairway more than 6 inches when open. Transoms and openings other than doors from corridors to rooms shall be fixed closed and shall be covered with a minimum of 3/4-inch plywood or 1/2-inch gypsum wallboard or equivalent material. Exceptions: 1. Existing solid-bonded wood core doors 1-3/8 inches thick or their equivalent may continue in use. Where the existing frame will not accommodate a door complying with Section 1104.8, 1-3/8-inch thick solid-bonded wood core may be used. 3406.9 Exit Signs. Every exit doorway or change of direction of a corridor shall be marked with a well-lighted exit sign having letters at least 5 inches high. 3406.10 Enclosure of Vertical Openings. Elevators, shafts, ducts and other vertical openings shall be enclosed as required for stairways in Section 3401.6 or by wired glass set in metal frames. Doors shall be noncombustible or as regulated in Subsection (f). 3406.11 Separation of Occupancies. Occupancy separations shall be provided as specified in Section 302. Lobbies and public dining rooms, not including cocktail lounges, shall not require a separation if the kitchen is so separated from the dining room. Every room containing a boiler or central heating plant shall be separated from the rest of the building by not less than one-hour fire-resistive occupancy separation. Exception: A separation shall not be required for such rooms with equipment serving only one dwelling unit. 3406.12 Alternates. No alternate method of obtaining the fire protection and safety required by this section may be used unless the Board of Appeals, including as a voting member for this purpose the Chief of Fire Depa~'tment, finds that such alternate method provides protection and safety equivalent to that required herein. SECTION 3. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. 11 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on Atl[i 0 9 ~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITHr McDERMOTT, ROWLES, SULLiq/AN, SALV/%GGIO ~ov.s: co~c~Ls~m~m /~.~ ~ ABSENT: COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB P ER~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY CARL HERNANDEZ III Deputy City Attorney ubc 12 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SSo County of Kern ) CAROL WILLIAMS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 11th day of August, 1995 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3658, passed by the Bakersfield City Council at a meeting held on the 9th day of August, 1995, and entitled: AN ORDINANCE REPEALING CHAPTER 15.12 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE UNIFORM BUILDING CODE AND ADOPTING AND ADDING A NEW CHAPTER 15.12 THERETO By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield