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HomeMy WebLinkAboutORD NO 3906On INA CE 0 0 6 AN ORDINANCE REPEALING CHAPTER 15.04 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE. UNIFORM BUILDINGS AND CONSTRUCTION CODE AND ADOPTING AND ADDING A NEW CHAPTER 15.04 THERETO. WHEREAS, the City of Bakersfield desires to adopt the editions of the Uniform Housing Code of the International Conference of Building Officials (except the definition of "substandard building"), the Uniform Building Code of the International Conference of Building Officials, the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, the Uniform Mechanical Code of the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials, Appendix Chapter 1 of the Uniform Code for Building Conservation of the International Conference of Building Officials and the edition of National Electrical Code of the National Fire Protection Association (collectively hereinafter "uniform codes") as modified by the 1998 edition of the California Building Standards Code with amendments necessary to meet local conditions; and WHEREAS, the local amendments to the uniform codes are necessary due to local climatic and topographical conditions which exist in the City of Bakersfield which include conditions conducive to steep terrain, extremely high temperatures in the summer and extremely poor visibility due to Tule fog conditions in the winter; and WHEREAS, the City of Bakersfield is situated in the southern San Joaquin Valley which is surrounded by the Sierra Nevada Mountains on the east, the Coastal Range on the west, and the Tehachapi Mountains on the south; and WHEREAS, the City of Bakersfield typically exceeds temperatures of 90°F during the summer months of June, July, August, and September and during the winter months typically experiences a high percentage of poor visibility days from zero visibility to 300 feet; and WHEREAS, the citizens of the City of Bakersfield are susceptible to high occurrence of Valley fever due to dust conditions in the local area; and WHEREAS, if the within ordinance is not adopted prior to July 1, 1999, the City will automatically, by operation of law, be required to abide by the uniform codes, without amendments necessary to govern conditions unique to the City of Bakersfield; and WHEREAS, the failure to adopt such amendments as set forth in the within ordinance will cause great hardship in regulating fire protection aspects unique to the City of Bakersfield and thereby threaten the preservation of the public peace, health, and safety; BE IT ORDAINED by the Council of the City of Bakersfield as :follows: SECTION 1. Chapter 15.04 of the Bakersfield Municipal Code relating to the Uniform Buildings and Construction Code is hereby repealed. SECTION 2. A new Chapter 15.04 of the Bakersfield Municipal Code is added to read as follows: Chapter 15.04 UNIFORM BUILDINGS AND CONSTRUCTION CODE Sections: 15.04.010 15.04.020 15.04.030 15.04.040 15.04.050 15.04.060 15.04.070 15.04.080 15.04.090 15.04.100 15.04.110 15.04.120 15.04.130 Findings designated. Duty of City Clerk to notify ~ate. Purpose of title. Title of Title 15. Applicability of title. Interpretation of title. Definitions. Title enforcement -- Reasonable application or modification of title. Recording of Building Department transactions -- Disposition of fees. Adoption of regulations and fee schedule. Unfinished structures or projects. Board of Building Appeals -- Powers and duties. Limitation on responsibility. 15.04.010 Findings designated. The City Council does expressly find and determine that the changes and modifications to the 1997 Editions of the Uniform Codes, and the 1996 Edition of the National Electrical Code, as adopted by the ordinance codified in this title pursuant to Sections 17922, 17958 and 17958.5 of the Health and Safety Code, are reasonably necessary because of local climatic, geological, or topographical conditions. 15.04.020 Duty of City Clerk to notify state. The City Clerk, upon enactment of the ordinance codi~ed in this title, shall notify the California Building Standard Commission, of this enactment by sending a copy of the ordinance codified in this title, along with a notice advising such department of the fact of the enactment of said ordinance and its effective date and of the express findings made in Section 15.04.010 that such changes and modifications to the said codes adopted by reference in this title, · ':~:: are reasonably necessary in the City because of local climatic, geological and topographical conditions. 15.04.030 Purpose of title. The purpose of this title is to promote the public safety and welfare by the adoption of minimum building standards to be required and enforced throughout the territory of the City. The City hereby adopts the 1998 Edition of the California Building Standards Code as modified pursuant to this Title. 15.04.040 Title of Title 15. A. This title may be cited as the "Buildings and Construction Code." B. This code is comprised of codes of regulations and standards adopted by agencies of the state and by nationally recognized organizations as well as compendium of existing ordinances incorporated into the written expression of the entire body of local law governing building or construction in the territory of the City. 15.04.050 Applicability of title. The Buildings and Construction Code applies to new building construction and to the installation of new mechanical, plumbing, electrical and sign systems as well as to existing construction and to existing mechanical, plumbing, electrical and sign systems to the extent specifically defined by the codes adopted by reference into this title. 15.04.060 Interpretation of title. The Buildings and Construction Code shall be liberally construed to effect its purpose. If the code regulates one application with dissimilar limitations or requirements, the more restrictive regulation shall apply. 15.04.070 Definitions. As used in the Buildings and Construction Code: A. "Administrative Authority", "Building Official", "Chief Building Inspector", and "Chief Electrical Inspector" means the Building Director of the City. "Board of Appeals" and "Board" means the Board of Building Appeals of the City. C. "Department" means the Building Department of the City. 3 15.04.080 Title enforcement --Reasonable application or modification of title. The Building Director shall administer and enforce the Buildings and Construction Code. He may delegate administrative powers to qualified personnel. 15.04.090 Recordinf of Building Department transactions -- Disposition of fees. A. The Building Director shall cause to be made and filed a permanent record of each transaction of the Building Department required by this Buildings and Construction Code. B. Permit fees shall be paid to the Finance Director for deposit in the Development Services fund. 15.04.100 Adoption of regulations and fee schedules. A. The Building Director shall promulgate reasonable rules and regulations to implement or facilitate inspection functions, the issuance of permits and certificates, and other administrative duties imposed upon him by the Buildings and Construction Code and shall file three copies of all the regulations with the City Clerk to be included in the administrative code of the C2ity. B. Subject to approval by the City Council, the Building Director may promulgate and charge a reasonable schedule of fees/br permit renewal, processing applications and for the performance of special services by the Building Department in administering and entbrcing the Buildings and Construction Code. C. Fees for services by the Building Department shall be set forth in the Master Fee Schedule adopted by the City. 15.04.110 Unf'mished structures or projects. A. Whenever the Building Director determines by inspection that the work on any structure or project, authorized by permit and once commenced, has been suspended or abandoned for a period of one hundred eighty or more days, he shall give written notice to the owner or other person in control of the property upon which the structure or project is situated to obtain a new permit and to complete or demolish and remove the work. B. Thereafter, the owner or other person in control of the property shall either obtain a new permit within thirty days from the notice date and diligently pursue the work to completion, or obtain a permit for and demolish and remove the structure or project within sixty days from the notice date. 15.04.120 Board of Buildine Appeals -- Powers and duties. A. There is created the city board of building appeals consisting of seven 4 members who shall be qualified by training and experience in building construction or the building trades. All seven members shall be appointed by and serve at the pleasure of the City Council. As soon as practical after the appointment of the first board, the board shall meet and organize. Thereafter, the board shall have the powers granted, and shall assume the duties, responsibilities and functions imposed by the buildings and construction code upon the board. The building director shall be a nonvoting, ex officio member and shall act as secretary of the board. B. The board of building appeals shall resolve all questions relating to the suitability of alternate materials and methods of construction arising under this title and shall determine reasonable interpretations of the provisions of the buildings and construction code. The board shall adopt reasonable rules and regulations, consistent with the purposes of such code, for conducting its hearings and investigations; it shall render written findings and decisions signed by its chairman and secretary in all cases, to the building director, and serve a copy on the appellant. The board may study and recommend to the City Council new legislation consistent with its purposes and function. C. The board of building appeals created in subsection A of this section shall have the responsibility of resolving any interpretations of the rules made by the Building Director, for resolving decisions made by the Building Director upon the approval of equipment and materials and for resolving any questions concerning the granting of the special permission contemplated in a number of rules or suitability of alternate methods, in connection with the Uniform Codes adopted pursuant to Chapter 15 of this Code. D. The board of building appeals shall have the power and duty to: 1. Provide for final interpretation of the provisions of the Uniform Codes adopted by the City and to conduct hearings on the abatement of nuisances, where applicable, as provided in Chapter 8.80 of this Code; 2.. Hear appeals from decisions of the Building Director on matters pertaining to the moving of dwellings and buildings accessory thereto in the interpretation of Sections 15.44.060 and 15.44.090; 3. Hear all complaints brought by residents of the project area of the Bakersfield Central District Development Agency and review determinations by the Central District Development Agency as the relocation appeals board, established pursuant to Section 33417.5 of the Health and Safety Code and pursuant to the powers of the City as a Charter City; 4. Hear appeals from the city by persons applying to such board who are aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by Chapter 16 (Relocation Assistance) of Division 7, Title 1 (commencing with Section 7260) of the Government Code; 5. Make such investigations as it deems advisable concerning housing conditions in the city and report its findings to the Council; 6. Act in an advisory capacity to the Council on matters pertaining to the financing of housing and related construction, housing conditions, enforcement of the Bakersfield Uniform Housing Code and recommend to the Council the adoption, amendment or repeal of legislation pertaining thereto; 7. Perform such other functions and duties as may be delegated to it by the Council by ordinance or otherwise; 8. Adopt such rules and regulations consistent with laws as it sees fit to conduct all business that may come before it; 9. Conduct hearings on matters pertaining to the standards for reinli~rcing of unreinforced masonry bearing wall buildings contained in Chapter 15.40. In the conduct of such hearings, the city shall retain a structural engineer (selected in rotation from a list recommended by Structural Engineers Association of California (SEAOC) hazardous building subcommittee) to review each appeal and submit a written report to the appeals board for its consideration at the hearing. 15.04.130 Limitation on responsibility. A. Neither an approval nor a permit granted by the Building Department shall constitute permission or authority, or be interpreted as a waiver, to permit the violation of any statute, ordinance or regulation. B. Neither the city nor its officers and employees shall be deemed liable for structural or construction defects resulting from the administration or enforcement of the buildings and construction code by such entity or persons. C. By accepting a permit or the performance of services by the Building Department, an applicant consents to the limitations of this section. 6 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. ......... o0o ........ 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 JUN ~ 0 ~99 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGG]O COUNCILMEMBER N Obl ~ COUNCILMEMBER ~ o~,l ~_ COUNCILMEMBER ~ O~d ~_ x ~ i ' r of the APPROVED ,JUN ~ 0 1999 BOB PRIC~~ ,j;yl.~,,; ..........."- MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY BY: , CARL HERNANDEZ Ill Assistant City Attorney 7 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. MCCARTHY, 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 1st day of July , 1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3906 , passed by the Bakersfield City Council at a meeting held on the 30th day of June 1999 , and entitled: AN ORDINANCE REPEALING CHAPTER 15.04 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE UNIFORM BUILDINGS AND CONSTRUCTION CODE AND ADOPTING AND ADDING A NEW CHAPTER 15.04 THERETO. Is/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield DEPUT'~ City Clerk S:\DOCUMEN'RAOPOSTING July 1, 1999