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HomeMy Public PortalAboutOrd. 1427CITY OF LYNWOOD LOS ANGELES COUNTY, CALIFORNIA ORDINANCE NO. 1427 AN ORDINANCE OF~THE CITY OF LYNWOOD ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1994 EDITION, AND THE APPENDICES THERETO;, THE UNIFORM HOUSING CODE, 1994 EDITION; THE NATIONAL ELECTRICAL CODE, 1993 EDITION, AND THE APPENDICES THERETO; THE 1994 EDITION OF THE UNIFORM PLUMBING CODE AND THE APPENDICES THERETO; THE 1994 EDITION OF THE UNIFORM MECHANICAL CODE ,AND THE ~~ ~`~ APPENDIX THERETO,; THE 199-4-- EDITION OF UNIFORM- CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; APPENDIX CHAPTER l OF THE 1994 UNIFORM CODE. FOR BUILDING CONSERVATION; AMENDING THE LYNWOOD MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1. Section 11-1 of Chapter 11 of the Lynwood Municipal Code is .amended in its entirety to read as follows: "11-1. BUILDING CODE 11-1.1 BUILDING CODE ADOPTED.. Except as hereinafter provided, the Uniform Building Code, _1994 Edition, and the appendices thereto, as promulgated and published by the`International Conference of Building Officials, is adopted by reference and incorporated herein as though fully set forth and shall constitute the Building Code of the City. A copy of that Code has been deposited iri the office of the City Clerk and shall be,. at all times, maintained by the City Clerk for use and examination by the public. In the event of any conflict between a provision of the Uniform Building Code and a provision of the California Building Code that is applicable to cities, as contained in Part 2 of Title 24 of the California Code of Regulations, the provision of the California Building Code will prevail. 11-1.2 AMENDMENTS TO THE BUILDING CODE a. The term ".Building Official," as it appears in Section 203=B of the Building Code, is defined as follows: "Building. Official" is the Director of Community Development or his duly authorized . representative." b Section 105 of the Building Code,- entitled "Board of Appeals,11 is amended in its entirety to read as follows: "Section 105 _ BOARD OF APPEALS - 105.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relating to the application and interpretation of~this Building Code, a Board of Appeals is established consisting of five (5) members, all: of whom shall be duly elected members of .the City Council. The Building Official shall be an ex officio member of and shall act as Secretary to the Board, but shall have no vote on any matter before the Board. The - Board of Appeals may adopt rules of procedure for ' conducting its business. `~ 105.2 Authority. The Board of Appeals is - authorized to construe and to interpret the provisions 951211 10512-00001 isj 0592354 1 of the Building Code and other technical codes set forth in Chapter 11 of the Municipal Code, and to make determinations as to whether alternate construction materials or methods of construction are equivalent or superior to those required or authorized by any of those technical codes. 105.3 Appeals to the Board of Appeals (a) Within ten (10) days after the Building Official has rejected an application for a permit or has otherwise made a ruling adverse to the applicant, the applicant may file with the City Clerk a written appeal and request for a hearing. The appeal must ---~ ~- _ ~- - state' in detail the--re'asons why tYie-permit should 'be granted or the ruling of the Building Official should be reversed or modified. (b) Within twenty-four (24) hours after the receipt of the written appeal, the City Clerk will advise the Building Official and within the same time fix the date and time for hearing by the City Council, acting as the Board of Appeals. The hearing date must be not more than thirty (30) days from the date. the appeal is filed. The City Clerk must give notice of the hearing to .the applicant by certified mail. (c) At the time and place of the hearing, the Board of Appeals will examine all information presented and consider all presentations by interested parties who desire to be heard. The findings and decision of the Board must be adopted by resolution, a copy of which shall be transmitted to the applicant and to the Building Official. The determination of the Board of Appeals is final and conclusive." c. The second paragraph of Section 102 of the Building Code,. entitled "Unsafe Buildings or Structures," is amended in its entirety to read as follows: "All such unsafe buildings, structures 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 i1-13 of this Chapter 11 (Code for the Abatement of Dangerous Buildings), 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." d. Wherever a reference is made to Table 1-A in Section 107'("Fees") of the Building Code, which Table 1-A sets forth a schedule of fees, that reference shall be deemed to refer __ to the fee schedule adopted by resolution of,_the City Council. ___._ e. Subsection 107.6 ("Fee Refunds") of Section 107 ("Fees") of the Building Code is amended by adding thereto the following sentence: "All refunds of-fees that are authorized by the Building Official are subject to final approval by the City Manager." f. Subsection 1501..1 ("General") of Section 1501 of Chapter l5 ("Roofs and Roof Structures") of the Uniform Building Code is amended by adding the following language to the first sentence thereof: 951211 10512-00001 Isj 0592354 1 ~ - 2 - "Notwithstanding any provisions to the contrary contained in the Lynwood Municipal Code or the Uniform Building Code, all roof coverings must consist of a fire-retardant Class A roof covering." g. Appendix Chapter 34 ("Existing Structures") of the Uniform Building Code is amended by deleting from Section 3406 thereof Subsection 3406.1 and Subsection 3406.2. 11-1.3 VIOLATIONS AND PENALTIES. a. No person may erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use,. occupy, or maintain any building or structure in the .City, or cause-the-.same to be done, contrary-to or in violation of any of the provisions of the Building Code. b. If any building or structure is maintained in violation of the .Building Code, or in violation of any notice issued pursuant thereto, the legal representative of the City may be authorized to institute proceedings in any court of competent jurisdiction in order to prevent, restrain,.correct or abate the violation. c. The imposition of a penalty or penalties for any violation does not excuse the violation nor permit it to continue. All persons incurring a penalty or penalties are required to correct or remedy the violation within a reasonable time. d. Any person violating any of the provisions of the Building Code is guilty of a misdemeanor, and that person is deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Building Code is committed, continued or permitted, and upon conviction for any violation that person is punishable as provided for in Chapter 1 of this Municipal Code." Section 2. Section 11-4 of Chapter 11 of the'"Lynwood Municipal Code is amended in its entirety to read as follows: "11-4 HOUSING CODE 11-4.1 HOUSING CODE ADOPTED. Except as hereinafter provided, the Uniform Housing Code, 1994 Edition, as promulgated and published by the International Conference of Building Officials, is adopted by reference and incorporated herein~as though fully set forth and shall constitute the Housing Code of the City. A copy of that 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. 11-4.2 AMENDMENTS TO THE HOUSING CODE. a. Section 2.03 of the Housing Code, entitled ".Housing Advisory and Appeals Board," is amended in its entirety,to'read as follows "Section 203 -- HOUSING ADVISORY AND APPEALS BOARD 203.1 General. The Board of Appeals, as established by Subsection 11-1.2 of Section 11-1 of this Chapter, shall also function as the Housing Advisory and Appeals Board for the purpose of hearing and deciding appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretations of the Housing Code. The authority and procedures of the Board of Appeals in matters relating to the Housing Code shall be as set .forth in Subsection 11-1.2. 951211 10512-00001 Isj 0592354 1 - 3 - 203.2 Appeals. Appeals to the Board of Appeals shall be processed and determined in accordance with the provisions contained in Subsection 11-1.2 of Section li-1 of this Chapter. b. Section 204 of the Housing Code, entitled "Violations," is amended in its entirety to read as follows: "Section 204 -- VIOLATIONS AND PENALTIES 204.1 General. No person may erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary .to or in violation of any of the provisions of the Housing Code. . 204.2 Penalty. Any person violating any of the provisions of the Housing ,Code is guilty of a misdemeanor, and that person is deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Housing Code is committed, continued or permitted, and upon conviction for any violation that person is punishable as provided for in Chapter l of this Municipal Code." Section 3. Section 11-6 of Chapter 11 of the Lynwood Municipal Code is amended in its entirety to read as follows: "11-6 ELECTRICAL CODE 11-6.1 ELECTRICAL CODE ADOPTED. Except as hereinafter provided, the 1993 Edition of the Uniform Electrical Code, including the appendices thereto, as promulgated and published by the .National Fire Protection Association, is adopted by reference and incorporated herein as though set fully forth and shall constitute the Electrical Code of the City. A copy of that Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. In the event of any conflict between a provision of the Uniform Electrical Code and a provision of the California Electrical Code that is applicable to cities, as contained in Part 3 of Title 24 of the California Code of Regulations, the provision of the California Electrical Code will prevail. 11-6.2 PERMIT FEES. a. Before any permit required by this section is issued,~the applicant must pay to the Community Development Department a fee in an amount established by resolution of the City Council. b. If any person has obtained a permit or paid a plan-checking fee, and no portion of the work or construction covered by that permit has commenced, or that permit has been cancelled without any, work being done, the permittee, upon presentation to the Building Official of a written request, will be entitled to a refund. All refunds are subject to prior approval by the City Manager. 11-6.3 APPEALS. a. The Board of Appeals, as established by Subsection 11-1.2 of Section 11-1 of this Chapter, shall also function as. the appeals board for the purpose. of hearing and deciding appeals of orders, decisions, or determinations made by the Building ,Official relative to the application and interpretations of the Electrical Code. The authority and procedures of the Board of Appeals in matters relating to the Electrical Code shall be as set forth in Section 11-1.2. b. Appeals to the Board of Appeals shall be processed and determined in accordance with the provisions contained in Subsection 11-1.2 of Section 11-1 of this Chapter. 951211 10512-00001 lsj 0592354 1 - L1. - Dangerous Buildings, 1994 Edition, by the International Conference of by reference and incorporated here and shall constitute the Abatement the City. A copy of that Code has of the City Clerk and shall begat City Clerk for use and examination 11-13.2 APPEALS. as promulgated and published Building Officials, is adopted in as though fully set forth of Dangerous Buildings Code of been deposited in the office all times, maintained by the by the public. a. The Board of Appeals, as established by Subsection 11-1.2 of Section ll-1 of this Chapter, shall also function as the appeals board for the purpose of hearing and deciding appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretations of the Abatement of Dangerous Buildings Code. b: The procedures for the filing. of an appeal, and for the conduct of the hearing by the Board of Appeals, shall be those set. forth in Chapters 5 and 6 of the Abatement of Dangerous Buildings Code.- . 11-13.3 VIOLATIONS AND PENALTIES. a. No person may erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building.~or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of the Abatement of Dangerous Buildings Code. b. Any person violating any of the provisions of the Abatement of Dangerous Buildings Code is guilty of a misdemeanor, and that person is deemed guilty of a separate offense for each and every day, or portion .thereof, during which any violation of any provision of the Abatement of Dangerous Buildings Code is committed, continued or permitted, and upon conviction for any violation that person is punishable as provided for in Chapter l of-this Municipal Code." Section 7. Chapter 11 of the Lynwood Municipal Code is amended by adding thereto a new Section 11-18 to read as follows: "11-18 APPENDIX CHAPTER.1 OF THE BUILDING CONSERVATION CODE 11-18.1 APPENDIX CHAPTER 1 OF THE BUILDING CONSERVATION CODE. ADOPTED. Except as hereinafter provided, Appendix Chapter 1 of the 1994 Uniform Code for Building Conservation, as promulgated and published by the International Conference of Building Officials, is adopted by reference and incorporated herein as though fully set forth and shall ,.constitute Appendix Chapter 1 of the Building Conservation Code of the City. A copy of that Appendix 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. In the event of any conflict between a. provision of Appendix Chapter 1 of the Building Conservation Code and a provision of the California Building Conservation Code that is applicable to cities, as contained in Part l0 of Title 24 of the California Code of Regulations, the provision of the California Building Conservation Code will prevail." Section 8. All inconsistencies between the Building Code, Electrical Code, Mechanical Code,. Plumbing Code, and Appendix Chapter 1 of the Building Conservation Code., as adopted by this ordinance, and Parts 2, 3, 4, 5, 9 and 10 of Title 24 of the California Code of Regulations, are attributable to modifications, additions or deletions that are authorized by California Health and Safety Code Sections 17858 and 17858.7. Section 9. The modifications to the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code and Uniform Electrical Code enacted by this Ordinance are merely a continuation of similar modifications made to earlier editions of 951211 10512-00001 lsj 0592354 1 = '] - 11-6.4 VIOLATIONS AND PENALTIES. a. No person may erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain electrical systems or equipment, or cause the same to be done, contrary to or in violation of any of the provisions of the Electrical Code. b. Any person violating any of the provisions of the Electrical Code is guilty of a misdemeanor, and that person is deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Electrical .Code is committed, continued or permitted, and upon conviction for any violation that person is punishable as -provided for in Chapter 1 of -this Municipal Code." - Section 4.- Section 11-9 of Chapter 11 of the Lynwood Municipal Code is amended in its entirety to read as follows:. "11-9 PLUMBING CODE 11-9.1 PLUMBING CODE ADOPTED. Except as hereinafter provided, the 1994 Edition of the Uniform Plumbing Code and the appendices thereto, as promulgated and,-published by the International Conference of Building Officials, is adopted by reference and incorporated herein as though fully set forth and shall constitute the Plumbing Code of the City.. A copy of that 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. In.the event of any, conflict between a provision of the Uniform Plumbing Code and a provision of the California Plumbing Code that is applicable to cities, as contained in Part 5 of Title 24 of the California Code of Regulations, the provision of the California Plumbing Code will prevail. 11-9.2 PERMIT FEES. a. Before any permit required by this section is issued, the applicant must pay to the Community~Development Department a fee in an amount established by resolution of the City Council. b. If any person has obtained a'permit or paid a plan-checking fee, and no portion of the work or construction covered by that permit has commenced, or that permit has been cancelled without any work being done, the permittee, upon presentation to the Building Official of a written request, will be entitled to a refund. All refunds are subject to prior approval by the City Manager. 11-9.3 APPEALS a. The Board of Appeals, as established by Subsection 11-1.2 of .Section 11-1 of this Chapter, shall also function as the appeals board for the purpose of hearing and deciding appeals of orders, decisions.,. or determinations, made by the Building Official relative to the application and interpretation of the Plumbing Code. The authority and procedures of the Board of Appeals in matters relating to the Plumbing Code shall be as set forth in Subsection 11-1.2. 11-9.4' VIOLATIONS AND PENALTIES. a. No person may erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain any plumbing systems or equipment, or cause the same to be done, contrary to or in violation of any of the. provisions of the Plumbing Code. ~ . b. Any person violating-any of the provisions of the Plumbing.Code is guilty of a misdemeanor, and that person is 951211 10512-00001 Isj 05923541 - rj - deemed guilty of a separate offense for each portion thereof, during which any violation the Plumbing Code is committed, continued or conviction for any violation that person is provided for in Chapter 1 of this Municipal and every day, or of any provision of permitted, and upon punishable as Code." Section 5. Section 11-10 of Chapter 11 of the Lynwood Municipal Code is amended in its entirety to read as follows: "11-10 MECHANICAL CODE 11-10.1 MECHANICAL CODE ADOPTED. Except as hereinafter provided, the 1994 Uniform Mechanical Code and the appendix thereto, as promulgated and published by the International -Conference of Building Officials, is adopted by reference and incorporated herein as though fully set forth and shall constitute the Mechanical Code of the City. A copy of that Code has been deposited in the office of the City .Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. In the event of any conflict between a provision of the Uniform Mechanical Code and a provision of the California Mechanical Code that is applicable to cities, as contained in Part 4 of Title 24 of the California Code of Regulations, the provision: of the California Mechanical Code will prevail. 11-10.2 PERMIT FEES. a. Before any permit required by this section is issued, the applicant must pay to the Community Development Department a fee in an amount established by resolution of the City Council. b. If any person has obtained a permit or paid a plan-checking fee, and no portion of the work or construction covered by that permit has commenced, or that permit has been cancelled without any work being done, the permittee, upon presentation to the Building Official of a written request, will be entitled to a refund. All refunds are subject to prior approval by the City Manager. 11-10.3 APPEALS. The Board of Appeals, as established by Subsection 11=1.2 of Section 11-1 of this Chapter, shall also function as the appeals board for the purpose of hearing and deciding appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretations of the Plumbing Code. The authority and procedures of the Board of Appeals in matters relating to the Mechanical Code shall be as 'set forth in Subsection 11-1.2. 11-10.4 VIOLATIONS AND PENALTIES. a. No person may erect, construct, enlarge, alter, repair, move, improve., remove, convert, demolish, equip, use, or maintain any mechanical systems or equipment, or cause the same to be done,-..contrary to or in violation of any of the provis-ions of the Mechanical Code. b. Any person violating any of the provisions of the Mechanical Code is guilty of a misdemeanor, and that person is deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Mechanical Code is committed, continued or permitted, and upon conviction for any. violation that person is punishable as provided for in Chapter 1 of this Municipal Code." Section 6. Section 11-13 of Chapter 11 of the Lynwood Municipal Code is amended in its entirety to read as follows: "11-13' ABATEMENT OF DANGEROUS BUILDINGS CODE 11-13.1 ABATEMENT OF DANGEROUS BUILDINGS CODE ADOPTED. Except as hereinafter provided, the Uniform Code for the Abatement of 951211 10512-00001 Isj 0592354 1 - ( - these uniform codes, and all of these modifications, whether previously enacted or enacted in this Ordinance, are reasonably necessary because of local climate, characterized by hot, dry summers,. followed by strong Santa Ana winds and heavy winter rains, the location in Southern California, and the relatively flat terrain of the City characterized by geologic instability. Section~l0. The numbering of the 1994 editions of the Uniform Building Code, the Uniform Plumbing Code and the Uniform Mechanical Code has been completely revised from earlier editions. :All references to the Uniform•Building Code and the Uniform Mechanical Code in various sections of the Lynwood Municipal Code which are not. amended by this or a subsequently enacted ordinance shall be deemed to refer to the appropriate 'se'ction or sections of the 1994 Uniform Building Code or the Uniform Mechanical Code as determined by the 1991/1994 Cross- Reference Directory to the Uniform Building Code and Uniform Mechanical Code published by the International Conference of Building Officials. All references to the Plumbing Code in sections of the Lynwood Municipal Code which have not been amended by this or a subsequently enacted ordinance shall be deemed to refer to the appropriate section or sections of the 1994 Plumbing Code as determined by the•Format Comparison Chart located at the beginning of the 1994 Plumbing Code. Section 11. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Lynwood Municipal Code, these provisions will be construed as continuations of those provisions and not as new enactments. Section 12. State law requires that localities adopt the uniform building codes, and any modifications thereto, by December 28,..1995.. It is essential that the City have in effect on that date uniform building codes that comport with state law and contain those modifications necessitated by unique geographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the uniform building codes unique to the City's special circumstances will not be in place, and this will have a detrimental effect on the public health, safety and welfare. The modifications to the uniform building codes contain vital provisions regarding administrative procedures, roofing materials, and other similar matters necessitated by the City's exposure to Santa Ana winds and relatively flat terrain characterized by geologic instability. For these reasons, this Ordinance is an urgency ordinance necessary for the immediate preservation of the public peace, health and safety within the meaning of Section 37937(b)~of the Government Code. Therefore, this Ordinance takes effect immediately. Section 13. This Ordinance is effective upon adoption and becomes operative on December 28, 1995. Section 14. The City Clerk is directed to certify to the passage of this Ordinance and~'to cause it to be published or posted as required by law. PASSED, APPROVED and ADOPTED this 1 h of December 19 9 5 . AT EST: ~ I! Andrea L. Hooper, Cit Clerk ~_ :1~w.:. 6 K~~C City Attorney Paul H. - - I Mayo 951211 10512-00001 Isj 0592354 1 - $ - ~ , 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ~ ) . I, the undersigned, City Clerk of the Lynwood City Council do hereby certify that the above and foregoing is a full, true _and correct copy of Ordinance No. 1427 on file in my _ office and that said ordinance was adopted on the 19th day of December , 199 5 and passed by the. following vote: .AYES: COUNCILMEMBER BYRD, HEINE, HENNING, REA, RICHARDS NOES : NONE ABSENT: NONE t City. Clerk, City of Lyn ood