HomeMy Public PortalAboutOrd. 1638ORDINANCE NO. 1638
AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CHAPTER 11 BUILDING
AND HOUSING BY AMENDING SECTION 11 -1 (BUILDING CODE), SECTION 11 -6
(ELECTRICAL CODE), SECTION 11 -9 (PLUMBING CODE), SECTION 11 -10
(MECHANICAL CODE), SECTION 11 -18 (APPENDIX CHAPTER Al OF THE
BUILDING CONSERVATION CODE); AND ADDING SECTION 11 -21 (RESIDENTIAL
CODE) AND SECTION 11 -22 (GREEN BUILDING STANDARDS CODE) TO THE
LYNWOOD MUNICIPAL CODE, THUS ADOPTING BY REFERENCE THE
CALIFORNIA BUILDING STANDARDS CODE AND MAKING AMENDMENTS
THERETO
WHEREAS, Section 17958 of the California Health and Safety Code requires
the local adoption of the latest model codes, which have been adopted at the State
level, and requires these regulation become effective six months after the State
adoption; and
WHEREAS, the State published these codes on July 4, 2010, and the codes
became effective January 1, 2011; and
WHEREAS, these State mandated codes and related materials are used by the
Building Inspectors, Code Enforcement Officers, City Clerk, City Attorney, City
Prosecutor, Designers, Architects, Engineers, Developers, Contractors and the general
public; and
WHEREAS, incorporating the 2010 Edition of the California Building Standards
Codes will keep the city of Lynwood in compliance with State law, and
WHEREAS, the City's building regulations remain consistent with those of the
State, providing minimum standards to safeguard life or limb, health, property and public
welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 11 Building and Housing, Section 11 -1 (Building Code),
Section 11 -1.1 (Building Code Adopted) and Section 11 -1.2 (Amendments To The
Building Code) of the Lynwood Municipal Code are hereby amended to read as follows:
11 -1.1 Building Code Adopted:
Except as provided herein, the 2010 edition of the California Building Code, which is
based on the 2009 International Building Code, as promulgated and published by the
International Code Council, and including any California amendments or adopted
appendices, is hereby adopted by reference as though fully set forth herein, and shall
constitute and is hereby established as "The Building Code of the City of Lynwood"
( "building code" herein). A copy of the 2010 edition of the California Building Code has
been deposited in the office of the City Clerk and shall at all times be maintained by the
City Clerk for use and examination by the public.
11 -1.2 Amendments To The Building Code:
Section 11 -1.2 (a) Building official is hereby amended to read as follows:
The term building official in Chapter 1, Division II, Section 103 of the California Building
Code shall be the building and safety manager of the City of Lynwood.
Section 11.1.2 (b) Board of appeals is hereby amended to read as follows:
The board of appeals in Chapter 1, Division II, Section 113.1 of the California Building
Code shall be the City Council of the City of Lynwood.
Chapter 1, Division II, Section 113.3 of the California Building Code is hereby deleted.
Section 11.1.2 (c) is hereby amended to read as follows:
Section 116 of the California Building Code, entitled "Unsafe Structures and
Equipment ", is amended in its entirety to read as follows:
Buildings, structures or existing equipment that are or hereafter become unsafe,
insanitary or deficient because of inadequate means of egress facilities, inadequate light
and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human
life or the public welfare, or that involve illegal or improper occupancy or inadequate
maintenance, shall be deemed an unsafe condition.
All such unsafe buildings, structures, equipment or appendages are declared to be
public nuisances and shall be abated by repair, rehabilitation, demolition or removal in
accordance with the procedures set forth in Section 11 -13 of this chapter 11
( "Abatement Of Dangerous Buildings Code "), or the procedures applicable to the
abatement of nuisances, or such alternate procedures as may have been or as may be
adopted by the legislative body. As an alternative, the building official, or other
employee or official of the city, as designated by the legislative body, may institute any
other appropriate action to prevent, restrain, correct, or abate the violation.
Section 11 -1.2 (e) is hereby amended to read as follows:
Chapter 1, Division II, Section 109.6 of the California Building Code is hereby amended
by adding the following:
All refunds of fees that are authorized by the building official are subject to final approval
by the city manager.
Section 11 -1.2 (f) is hereby amended to read as follows:
Subsection 1501.1 ( "General') of Section 1501 of Chapter 15 ( "Roofs And Roof
Structures ") of the California Building Code is amended by adding the following
language to the first sentence thereof:
Notwithstanding any provisions to the contrary contained in the Lynwood municipal
code or the California building code, all roof coverings must consist of a fire - retardant
class A roof covering.
Section 11 -1.2 (g) is hereby repealed.
Section 11 -1.2 (h) is hereby amended to read as follows:
The 2010 California Building code is hereby amended by adopting the structural
amendments as published by the Los Angeles Regional Uniform Regional Code
Program, Part I - International Code Council - Los Angeles Basin Chapter published
August 26, 2010 (exhibit 1).
Section 2. Chapter 11 Building and Housing, Section 11 -6 (Electrical Code)
and 11 -6.1 (Electrical Code Adopted) of the Lynwood Municipal Code are hereby
amended to read as follows:
11 -6.1 Electrical Code Adopted:
Except as provided herein, the 2010 edition of the California Electrical Code, which is
based on the 2008 National Electrical Code, as promulgated and published by the
National Fire Protection Association, Inc., including any California amendments and
adopted annexes thereof, is hereby adopted by reference as though fully set forth
herein, and shall constitute and is hereby established as "The Electrical Code of the City
of Lynwood" ( "electrical code" herein). A copy of the 2010 edition of the California
Electrical Code has been deposited in the office of the City Clerk and shall at all times
be maintained by the City Clerk for use and examination by the public.
Section 3. Chapter 11 Building and Housing, Section 11 -9 (Plumbing Code)
and 11 -9.1 (Plumbing Code Adopted) of the Lynwood Municipal Code are hereby
amended to read as follows-
11-9.1 Plumbing Code Adopted:
Except as provided herein, the 2010 edition of the California Plumbing Code, which is
based on the 2009 Uniform Plumbing Code, as promulgated and published by the
International Association of Plumbing and Mechanical Officials, including any California
amendments and adopted appendices thereof, is hereby adopted by reference as
though fully set forth herein, and shall constitute and is hereby established as "The
Plumbing Code of the City of Lynwood" ( "plumbing code" herein). A copy of the 2010
edition of the California Plumbing Code has been deposited in the office of the City
Clerk and shall at all times be maintained by the City Clerk for use and examination by
the public.
Section 4. Chapter 11 Building and Housing, Section 11 -10 (Mechanical
Code) and 11 -10.1 (Mechanical Code Adopted) of the Lynwood Municipal Code are
hereby amended to read as follows:
11 -10.1 Mechanical Code Adopted:
Except as provided herein, the 2010 edition of the California Mechanical Code, which is
based on the 2009 Uniform Mechanical Code, as promulgated and published by the
International Association of Plumbing and Mechanical Officials, including any California
amendments and adopted appendices thereof, is hereby adopted by reference as
though fully set forth herein, and shall constitute and is hereby established as "The
Mechanical Code of the City of Lynwood" ( "mechanical code" herein). A copy of the
2010 edition of the California Mechanical Code has been deposited in the office of the
City Clerk and shall at all times be maintained by the City Clerk for use and examination
by the public.
Section 5. Chapter 11 Building and Housing, Section 11 -18 (Appendix
Chapter Al California Building Conservation Code) and 11 -118.1 (Appendix Chapter Al
California Building Conservation Code Adopted) of the Lynwood Municipal Code are
hereby amended to read as follows:
11 -18.1 Appendix Chapter Al Of The Building Conservation Code Adopted:
Except as hereinafter provided, appendix chapter Al of the California Building
Conservation Code, as contained in part 10 of title 24 of the California Code of
Regulations is adopted by reference and incorporated herein as though fully set forth
and shall constitute appendix chapter Al of the building conservation code of the city. A
copy of that California Building Conservation Code has been deposited in the office of
the City Clerk and shall be, at all times, maintained by the city clerk for use and
examination by the public.
Section 6. Chapter 11 Building and Housing, Section 11 -21 (Residential
Code), Section 11 -21.1 (Residential Code Adopted) and Section 11 -21.2 (Amendments
To The Residential Code) of the Lynwood Municipal Code are hereby added to read as
follows-
11-21 Residential Code
11 -21.1 Residential Code Adopted:
Except as provided herein, the 2010 edition of the California Residential Code, which is
based on the 2009 International Residential Code, as promulgated and published by the
International Code Council, and including any California amendments or adopted
appendices, is hereby adopted by reference as though fully set forth herein, and shall
constitute and is hereby established as "The Residential Code of the City of Lynwood"
( "residential code" herein). A copy of the 2010 edition of the California Residential Code
has been deposited in the office of the City Clerk and shall at all times be maintained by
the City Clerk for use and examination by the public.
11 -21.2 Amendments To The Residential Code:
Section 11 -21.2 (a) Building official is hereby added to read as follows:
The term building official in Chapter 1, Division II, Section R103 of the California
Residential Code shall be the building and safety manager of the City of Lynwood.
Section 11.21.2 (b) Board of appeals is hereby added to read as follows:
The board of appeals in Chapter 1, Division II, Section R112.1 of the California
Residential Code shall be the City Council of the City of Lynwood.
Chapter 1, Division II, Section R112.3 of the California Residential Code is hereby
deleted.
Section 11.21.2 (c) is hereby added to read as follows:
Chapter 1, Division II, Section 108.5 of the California Residential Code is hereby
amended by adding the following:
All refunds of fees that are authorized by the building official are subject to final approval
by the city manager.
Section 11 -21.2 (d) is hereby added to read as follows:
Subsection R902.1 ( "Roofing Covering Material ") of Section R902 ( "Roof Classification ")
of Chapter 9 ( "Roofs Assemblies ") of the California Residential Code is amended to
read as follows:
R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth
in Sections R904 and R905. Notwithstanding any provisions to the contrary contained
in the Lynwood municipal code or the California Residential code, all roof coverings
must consist of a fire - retardant class A roof covering.
Section 11 -21.2 (e) is hereby added to read as follows:
Subsection R902.1.3 ( "Roofing Coverings in all other Areas ") of Subsection R902.1
( "Roofing covering materials ") of Section R902 ( "Roof Classification ") of Chapter 9
( "Roofs Assemblies ") of the California Residential Code is amended to read as follows:
R902.1.3 Roof coverings in 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 A.
Section 11 -21.2 (e) is hereby added to read as follows:
The 2010 California Residential code is hereby amended by adopting the structural
amendments as published by the Los Angeles Regional Uniform Regional Code
Program, Part II - International Code Council - Los Angeles Basin Chapter published
August 26, 2010 (exhibit 1).
Section 7. Chapter 11 Building and Housing, Section 11 -22 (Green Building
Standards Code) and 11 -21.1 (Green Building Standards Code Adopted) of the
Lynwood Municipal Code are hereby amended to read as follows:
11 -22 Green Building Standards Code
11 -22.1 Green Building Standards Code Adopted:
Except as provided herein, the mandatory provisions of the 2010 edition of the
California Green Building Standards Code is hereby adopted by reference as though
fully set forth herein, and shall constitute and is hereby established as "The Green
Building Standards Code of the City of Lynwood" ( "green code" herein). A copy of the
2010 edition of the California Green Building Standards Code has been deposited in the
office of the City Clerk and shall at all times be maintained by the City Clerk for use and
examination by the public.
Section 8. The City Council of the City of Lynwood hereby makes the following
findings of local conditions for the amendments to the California Building Standards
Code:
1. Amendment to Section 11 -1.2 (f) of the Municipal Code, which amends Section
1501.1 of the California Building Code, is due to Climatic conditions:
The City of Lynwood is located in an area subject to climatic conditions with long
periods of low humidity and hot weather, combined with unpredictable seasonal
high winds (Santa Ana wind condition), resulting in increased exposure to fire
risk. This creates an environment that is conducive of rapidly spreading fires.
Control of rapidly spreading fires requires rapid response from Fire Departments.
However, with the time that is required for the Fire Department to deal with
potential obstacles from the wind, such as fallen trees, street lights and utility
poles, in addition to the time required to climb stairs or obstacles, the ability to
respond rapidly and in a timely manner is impaired. Therefore, there is the need
for a class A roof to reduce the possibility of fire and the spread of these fires if
they start. The Lynwood City Council hereby adopts this finding of local condition
for this item.
2. Amendment to Section 11 -1.2 (h) of the Municipal Code, which adopts by
reference all the structural amendments as published by the Los Angeles
Regional Uniform Regional Code Program ( LARUCP), Part I - International Code
Council - Los Angeles Basin Chapter published August 26, 2010 (exhibit 1) are
due to Climatic, Topographical and Geological Conditions.
Findings of local conditions indicated under each item in the LARUCP document
are hereby adopted as the Lynwood City Council findings of local conditions.
3. Amendments to Section 11 -21.2 (d) and Section 11 -21.2 (e) of the Municipal
Code, which amend Subsections R902.1 and R902.1.3, respectively, of the
California Residential Code, are due to Climatic conditions:
The City of Lynwood is located in an area subject to climatic conditions with long
periods of low humidity and hot weather, combined with unpredictable seasonal
high winds (Santa Ana wind condition), resulting in increased exposure to fire
risk. This creates an environment that is conducive of rapidly spreading fires.
Control of rapidly spreading fires requires rapid response from Fire Departments.
However, with the time that is required for the Fire Department to deal with
potential obstacles from the wind, such as fallen trees, street lights and utility
poles, in addition to the time required to climb stairs or obstacles, the ability to
respond rapidly and in a timely manner is impaired. Therefore the need for a
class A roof to reduce the possibility of fire and the spread of these fires if they
start. The Lynwood City Council hereby adopts this finding of local condition for
this item.
4. Amendment to Section 11 -21.2 (e) of the Municipal Code, which adopts by
reference all the structural amendments as published by the Los Angeles
Regional Uniform Regional Code Program ( LARUCP), Part II - International
Code Council - Los Angeles Basin Chapter published August 26, 2010 (exhibit 1)
are due to Climatic, Topographical and Geological Conditions.
Findings of local conditions indicated under each item in the LARUCP document
are hereby adopted as the Lynwood City Council findings of local conditions.
5. The remainder of the amendments are considered administrative in nature and
do not require findings of local conditions.
Section 9. This Ordinance has been determined to be exempt from the
California Environmental Quality Act pursuant to State Guidelines §15061 (b)(3) as a
project that has no potential for causing a significant effect on the environment.
Section 10. The adoption of this Ordinance shall fulfill the City of Lynwood's
obligation under Section 17958 of the Health and Safety Code to adopt and apply the
provisions of the California Building Standards Code to all occupancies within the City.
Section 11. This Ordinance shall take effect and be in force on the thirty -first
(31S) day after its adoption.
Section 12. The City Clerk of the City of Lynwood is hereby directed to certify to
the passage and adoption of this Ordinance and to cause it to be published as required
by law.
First read at a regular meeting of the City Council held on the 15th day of March, 2011
and adopted and ordered published at a regular meeting of said Council held on the 5th
day of April, 2011.
ATTEST:
APPROVED AS TO FORM:
Fred Galante, City Attorney
4 Ai a Castro, Mayor
Af
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'*Le- 3 F. I VA LA .�-
APPROVED AS TO CONTENT:
J than Colin, Director of
Dbvelopment Services
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing Ordinance was duly adopted by the City Council of the City of
Lynwood at its regular meeting held on the 5th day of April, 2011.
AYES: COUNCIL MEMBERS FLORES, MORTON, AND CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS RODRIGUEZ AND SANTILLAN
Maria Quinonez4Cify rk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. 1638 in my office and that said Ordinance was adopted
on the date and by the vote therein stated. Dated this 5th day of April, 2011.
(1%v
Maria Quinonez, City Clerk