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HomeMy Public PortalAboutOrd. 1755ORDINANCE NO. 1755 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA ADMINISTRATIVE, BUILDING, RESIDENTIAL, MECHANICAL, PLUMBING, ELECTRICAL, GREEN BUILDING STANDARDS, ENERGY, HISTORICAL BUILDING, AND EXISTING BUILDING CODES, THE 2021 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, AND THE 2021 EDITION OF THE INTERNATIONAL SWIMMING POOL AND SPA CODE, TOGETHER WITH APPENDICES, AMENDMENTS, DELETIONS AND PENALTIES, AND AMENDING CHAPTER 11 OF THE LYNWOOD MUNICIPAL CODE RECITALS WHEREAS, the City Council of the City of Lynwood ("City") hereby finds that the public health, safety, and welfare will be best protected and served by the adoption of various building and construction industry codes that are established and maintained by the State Building Standards Commission; and WHEREAS, July 1, 2022, the California Building Standards Commission ("Commission") released the 2022 edition of Title 24 of the California Code of Regulations, or the California Building Standards Code ("CBSC"), as part of the Commission's Triennial Code Adoption Cycle; and WHEREAS, pursuant to Health and Safety Code Section 17922 Government Code Section 50022.1, the City may adopt the latest versions of the CBSC by reference; and WHEREAS, pursuant to Health and Safety Code Section 19758, the City may make amendments to the latest versions of the CBSC and other regulations, that are reasonably necessary because of local climatic, geological, or topographical conditions, upon express findings pursuance to Health and Safety Code Sections 17958.5 and 17958.7; and WHEREAS, the express findings required by Health and Safety Code Sections 17958.5 and 17958.7 were made by the City Council pursuant to Resolution No. which is hereby incorporated by reference as part of these recitals; and WHEREAS, Health and Safety Code Sections 18938 et seq. specifies that the California Building Standards Code applies to all occupancies throughout the State; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: 1 SECTION 1. The City Council hereby finds and determines that all of the above Recitals are true and correct and incorporates such Recitals into this Ordinance. SECTION 2. Sections 11-1, 11-6, 11-7, 11-8, 11-9, 11-10, 11-18, 11-21 and 11- 22 of the Lynwood Municipal Code hereby are repealed; provided, however , that said repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the Codes adopted by reference and amended by Ordinance No. of this City, shall continue to be applicable to construction wherein plans have been submitted for plan check as of the effective date of this Ordinance so long as the initial permit therefor is issued no later than ninety (90) days after the effective date of this Ordinance. SECTION 3. A new Section 11-1 is hereby added to Chapter 11 of the Lynwood Municipal Code to read as follows: 11-1 ADMINISTRATIVE CODE: 11-1.1 2022 California Administrative Code Adopted: Except as provided in this Chapter, the "2022 California Administrative Code" is hereby adopted in its entirety and shall be and become the Administrative Code of the City of Lynwood. 11-1.2 Conflicting Provisions: In the event of a conflict between any provision contained in the Administrative Code and the administrative provisions of the City's building codes, the more specific provision shall be given effect, unless another applicable provision is determined by the Building Official to more fully provide for the public health and safety and/or will more fully promote the intent of the City's building codes." SECTION 4. A new Section 11-6 is hereby added to Chapter 11 of the Lynwood Municipal Code to read as follows 11-6 BUILDING CODE: 11-6.22022 California Building Code Adopted: The "2022 California Building Code," incorporating the "2021 International Building Code" as published by the International Code Council, hereby is adopted in its entirety as the Building Code of the City of Lynwood, together with the amendments, additions, deletions and exceptions set forth in this Chapter. 11-6.2 2022 California Building Code Amendments: 2 [Reserved for future amendments] SECTION 5. A new Section 11-7 is hereby added to Chapter 11 of the Lynwood Municipal Code to read as follows: 11-7 RESIDENTIAL CODE: 11-7.1 2022 California Residential Code Adopted: The "2022 California Residential Code", incorporating the "2021 International Residential Code" as published by the International Code Council, is hereby adopted in its entirety as the Residential Building Code of the City of Lynwood, together with the amendments, additions, deletions and exceptions set forth in this Chapter. 11-7.22022 California Residential Code Amendments: The California Residential Code is hereby amended as follows: TABLE R301.2(1) -AMENDED TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA • ROUNC SNOW LOAD WINO DESIGN SEISMIC DESIGN SUBJECT TO DAMAGE FROM WINTER DESIGN TEMP" ICE BARRIER UNDERLAYM ENT REQUIRED" FLOOD AIR MEAN ANNUAL TEMPI Speed d (mph) Topographic effectsk Special wind region' Wind borne debris zones Frost line Depth Termite ° CATEGORY f HAZARDS D FREEZING INDEX' Weathering Zero 85 No No NO D2 Negligible Zero Very Heavy 49 No No Zero 60 For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour= 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for 3 protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R30 1.2(4). Wind exposure category shall be determined on a site -specific basis in accordance with Section R301 .2.1.4. e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. g. The jurisdiction shall fill in this part of the table with {a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.2 .7.1, R905.4.3.1, R905.5.3.1, R905 .6.3.1, R905 .7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES. " Otherwise, the jurisdiction shall fill in this part of the table with" NO." i. The jurisdiction shall fill in this part of the table with the 100 -year return period air freezing index (BF- days) from Figure R403 .3(2) or from the 100 -year (99%) value on the National Climatic Data Center data table "Air Freezing Index -USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.htrnl. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index -USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html. k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. I. In accordance with Figure R301.2(4)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements. Otherwise, the jurisdiction shall indicate "NO" in this part of the table. 4 m. In accordance with Section R301.2.1.2.1, the jurisdiction shall indicate the wind- borne debris wind zone(s). otherwise, the jurisdiction shall indicate "NO" in this part of the table. n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1 a or 1 b from ACCA Manual J or established criteria determined by the jurisdiction. o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2(6) SECTION 6. A new Section 11-9 is hereby added to Chapter 11 of the Lynwood Municipal Code to read as follows: 11-9 ELECTRICAL CODE: 11-9.1 2022 California Electrical Code Adopted: Except as provided in this Chapter, the "2022 California Electrical Code", based on the 2020 National Electrical Code as published by the National Fire Protection Association, is hereby adopted in its entirety as the Electrical Code of the City of Lynwood, regulating and controlling the installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and electrical appliances on premises within the City. 11-9.2 2022 California Electrical Code Amendments: [Reserved for future amendments] SECTION 7. A new Section 11-10 is hereby added to Chapter 11 of the Lynwood Municipal Code to read as follows: 11-10 MECHANICAL CODE: 11-10.1 2022 California Mechanical Code Adopted: Except as provided in this Chapter, the "2022 California Mechanical Code", based on the "2021 Uniform Mechanical Code" as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted in its entirety as the Mechanical Code of the City of Lynwood, regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat producing appliances. 5 11-10.2 2022 California Mechanical Code Amendments: [Reserved for future amendments] SECTION 8. A new Section 11-18 is hereby added to Chapter 11 of the Lynwood Municipal Code to read as follows: 11-18 PLUMBING CODE: 11-18.1 2022 California Plumbing Code Adopted: Except as provided in this chapter, the "2022 California Plumbing Code", based on the '2021 Uniform Plumbing Code' as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted in its entirety as the Plumbing Code of the City of Lynwood, regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the City. 11-18.2 2022 California Plumbing Code Amendments: [Reserved for future amendments] SECTION 9. A new Section 11-21 is hereby added to Chapter 11 of the Lynwood Municipal Code to read as follows: 11-21 GREEN BUILDING STANDARDS CODE: 11-21.1 2022 California Green Building Standards Code Adopted: Except as provided in this Chapter, the "2022 California Green Building Standards Code" is hereby adopted in its entirety and shall be and become the Green Building Standards Code of the City of Lynwood. 11-21.2 2022 California Green Building Standards Code Amendments: [Reserved for future amendments] SECTION 10. A new Section 11-22 is hereby added to Chapter 11 of the City of Lynwood Municipal Code to read as follows: 11-22 ENERGY CODE 6 11-22.1 2022 California Energy Code Adopted: Except as provided in this chapter, the "2022 California Energy Code," is hereby adopted in its entirety and shall be and become the Energy Code of the City of Lynwood, regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of energy systems. 11-22.2 2022 California Energy Code Amendments: [Reserved for future amendments] SECTION 11. A new Section 11-23 is hereby added to Chapter 11 of the City of Lynwood Municipal Code to read as follows: 11-23 PROPERTY MAINTENANCE CODE: 11-23.1 2021 International Property Maintenance Code Adopted: The "International Property Maintenance Code, 2021 Edition", as published by the International Code Council, is hereby adopted in its entirety as the Property Maintenance Code of the City of Lynwood, regulating and controlling the conditions and maintenance of all property, buildings and structures; providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; provided, however, that notwithstanding the adoption of this code, the City may utilize and enforce any other provision of any code of the City relating to property maintenance." 11-23.2 2021 International Property Maintenance Code Amendments: [Reserved for future amendments] SECTION 12. A new Section 11-24 is hereby added to Chapter 11 of the City of Lynwood Municipal Code to read as follows: 11-24 HISTORICAL BUILDING CODE: 11-24.1 2022 California Historical Building Code Adopted: Except as provided in this Chapter, the "2022 California Historical Building Code" is hereby adopted in its entirety and shall be and become the Historical Building Code of the City of Lynwood, regulating for the preservation, restoration, rehabilitation, relocation 7 or reconstruction of buildings or properties designated as qualified historical buildings or properties. 11-24.2 2022 California Historical Building Code Amendments: [Reserved for future amendments] SECTION 13. A new Section 11-25 is hereby added to Chapter 11 of the City of Lynwood Municipal Code to read as follows: 11-25 EXISTING BUILDING CODE: 11-25.1 2022 California Existing Building Code Adopted: Except as provided in this Chapter, the "2022 California Existing Building Code", is hereby adopted in its entirety and shall be and become the Existing Building Code of the City of Lynwood, regulating the alteration, repair, addition and change of occupancy of existing structures. 11-25.2 2022 California Existing Building Code Amendments: [Reserved for future amendments] SECTION 14. A new Section 11-26 is hereby added to Chapter 11 of the City of Lynwood Municipal Code to read as follows: 11-26 SWIMMING POOLS: 11-26.1 2021 International Swimming Pool and Spa Code Adopted: Except as provided in this Chapter, the "2021 International Swimming Pool and Spa Code", is hereby adopted in its entirety and shall be and become the Swimming Pool and Spa Code of the City of Lynwood, regulating the design, construction, alteration, movement, renovation, replacement, repair and maintenance of swimming pools, spas, hot tubs, aquatic facilities and related equipment in Lynwood. 11-26.2 2021 International Swimming Pool and Spa Code Amendments: SECTION 305.2 (a) CONSTRUCTION PERMIT; SAFETY FEATURES REQUIRED - ADDED 305.2 (a) Construction permit; safety features required. 8 (a) Except as provided in Section AV100.5, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with item # 1 and at least one additional of the following seven drowning prevention features: 1. An enclosure that meets the requirements of AV100.3 and isolates the swimming pool and spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in AV100.2 (a)4 or (a)5. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement. 2. Removable mesh fencing that meets American Society for testing and materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self -closing and self -latching and can accommodate a key lockable device. The mesh fencing shall be not less than 20 inches from the water's edge. 3. An 'approved safety pool cover,' as defined in section AV100.1 4. Exit alarms on the private single-family home's doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that "the door to the pool is open. 5. A self -closing, self -latching device with a release mechanism placed no lower than 54 inches (1372 mm) above the floor on the private single-family home 's doors providing direct access to the swimming pool or spa. 6. An alarm that, when placed in a swimming pool or spa will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM standard F2208 "Standard Safety Specification for Residential Pool Alarms." Which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature. 7. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or that American Society of Mechanical Engineers (ASME). (b) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval. 9 Authority: Health and Safety Code Section 18942 (b) Reference: Health and Safety Code Section 115922; Chapter 925, Statutes of 1996; Chapter 478, Statutes of 2006; Chapter 670, Statutes 2017 SECTION 305.2 (b) ENCLOSURE; REQUIRED CHARACTERISTICS. AN ENCLOSURE SHALL HAVE ALL OF THE FOLLOWING CHARACTERISTICS- ADDED 305.2 (b) Enclosure; required characteristics. An enclosure shall have all of the following characteristics. An enclosure shall have all of the following characteristics: 1. Any access gates through the enclosure open away from the swimming pool and are self -closing with a self -latching device placed no lower than 60 inches (1524 mm) above the ground. 2. A minimum height of 60 inches ((1524 mm). 3. A maximum vertical clearance from the ground to the bottom of the enclosure of 2 inches (51 mm). 4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4 inches (102 mm) in diameter. 5. An outside surface free of protrusions, cavities or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over. Authority: Health and Safety Code Section 18942 (b) Reference: Health and Safety Code Section 115922; Chapter 925, Statutes of 1996; Chapter 478, Statutes of 2006; Chapter 670, Statutes 2017 Section 305.2.1 BARRIER HEIGHT AND CLEARANCES - DELETED Section 305.3 GATES- DELETED" SECTION 15. Penalties. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or any of the Codes hereby adopted. Unless deemed to be an infraction, any person, firm; partnership or corporation violating any provision of this Ordinance or any of the Codes hereby adopted or failing to comply with any of their requirements shall be deemed guilty of a misdemeanor and subject to the penalties set forth under Lynwood Municipal Code Section 1-5, including but not limited to any administrative citations or nuisance abatement proceeding. Alternatively, or in addition to the foregoing, violation of this Ordinance or the Codes adopted hereby may be punishable by administrative penalty. 10 SECTION 16. CEQA Findings. The City Council hereby finds and determines that this Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines because there is no possibility that it may have a significant effect on the environment. SECTION 17. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 18. Filing. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission. SECTION 19. Effective Date. The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be published and/or posted as required by law and said Ordinance shall become effective on January 1, 2023. PASSED, APPROVED AND ADOPTED this 20th day of December 2022. Oscar Flores, Ma or ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM Noel Tapia, City Attorney APPROVED AS TO CONTENT Ernie City M 11 STATE OF CALIFORNIA )§ COUNTY OF LOS ANGELES I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a meeting held on the 20th day of December, 2022. AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) )§ I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Ordinance No. 1755 on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 20th day of December, 2022. Maria Quinonez, City Clerk 12