HomeMy WebLinkAboutORD 06 (1995)ORDINANCE NO. 0.6(1995)
AN ORDINANCE OF THE CITY OF DIAMOND BAR
AMENDING TITLE 15 OF TEE DIAMOND BAR CODE
ADOPTING, BY REFERENCE, TEE "UNIFORM
ADMINISTRATIVE CODE", 1994 EDITION, THE
"UNIFORM BUILDING CODE", 1994 EDITION,
VOLUMES 1, 2, AND 3, INCLUDING ALL APPENDICES
THERETO, TEE ,UNIFORK MECHANICAL CODE", 1994
EDITION AND THE APPENDIX THERETO, THE "UNIFORM
PLUMBING CODE", 1994 EDITION AND THE
APPENDICES THERETO, TEE "NATIONAL ELECTRICAL
CODE", 1993 EDITION AND TEE APPENDICES
THERETO, "THE UNIFORM HOUSING CODE", 1994
EDITION AND TEE APPENDICES THERETO AND THE
"THE UNIFORM SWINKING POOL, SPA AND HOT TUB
CODE", 1994 EDITION AND APPENDIX 1 OF TEE 1994
UNIFORM CODE FOR BUILDING CONSERVlTION AND
CHAPTER 99 " THE BUIxoDIVe AM PROPERTY
REHABILITATION" OF TITLE 25 OF TEF LOS ANGELIS
COUNTY BUILDING CODE 1993 EDITION TOGETHER
WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS
AND EXCEPTIONS, INCLUDING FEES AND PENALTIES
AND DECLARING THE URGENCY THEREOF.
A. R
(i) Section 17922 of the California Health & Safety Code mandates the adoption,
by reference, of the uniform codes.
(n) At least one copy of each of the codes and standards identified in this
Ordinance and certified as full; true and correct copies thereof by the City Clerk of the
City of the City of Diamond Bar have hceu filed in the office of the City Clerk of the
City of Diamond Bar in accordance with the provisions of California Government Code
§ 50022.6.
(iii) All legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby
find, determine and ordain as follows:
In all respects as set forth in the Recitals, Part A, of the Ordinance.
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Ordinance No. 3 (1992), as heretofore adopted, hereby is repealed; provided,
however, that said repeal shall not apply to or excuse any violation thereof occurring
prior to the effective dale of this Ordinance and provided further that the uniform codes
as adopted therein by reference and amended by Ordinance No. 3 (1992) of the City of
Diamond Bar 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 not later than ninety (90) days after the effective date of this
Ordinance.
"Amending Division 2 of Title 15 of the Diamond Bar City Code to read, in
words and figures, as follows:
DMSION 2. UNIFORM ADMINISTRATIVE CODS
" 15.00. 110 Uniform Administrative Code - Adopted-
"15.00.120
dopted."15.00.120 Amendments
Section 202.1 - Amended.
Section 202.3 - Amended.
Section 202.9 - Deleted.
Section 204 - Amended.
Section 204.1 - Amended.
Section 204.2 - Amended.
Section 301.1 - Amended.
Section 301.2.1.1. - Amended.
Section 301.2.1.2.- Amended.
Section 301.2.1.5.- Amended.
Section 301.2.1.11- Amended.
Section 302.1 - Amended.
Section 303.4 - Amended.
Section 303.6 - Added.
Section 304.2 - Amended.
Section 304.3 - Amended.
Section 304.4 - Amended.
Section 304.5 - Amended.
Section 304.6 - Amended.
Section 310 - Added
Section 310.1 - Added
Section 310.2 - Added
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Section 310.2.1
Section 310.2.2
Section 310.2.3
Section 311
Section 312
Tables Deleted
"15.00.130 Penalties
"15.00.110
- Added
- Added
- Added
- Added
- Added
- Fees Established
- Added
"The Uniform Administrative Code", 1994 Edition, hereby is adopted, in its
entirety, except . as hereinafter provided as the Administrative Code of the City of
Diamond Bar pertaining to building and construction regulations within the City, together
with the amendments, additions, deletions and exceptions set forth in this Division.
"15.00.120
"Section 202.1 of the Uniform Administrative Code hereby is amended to read,
in words and figures, as follows:
"Section 202.1. General. The Building Official shall enforce the provisions of
the Chapter and shall have the responsibility for making interpretations of the Uniform
Codes, for deciding upon the approval of equipment and materials, and for granting the
special permission contemplated in a number of code sections hereof.
"Section 202.3. of the Uniform Administrative Code hereby is amended to read,
in words and figures, as follows:
"Section 202.3. Right of Entry. The Building Official, or his duly authorized
representative, shall have the authority to enter any building or premises for the purpose
of investigation of the existence of suspected or reported damage or defects which
constitute an immediate danger to human life or an immediate hazard to public safety or
health. Except in emergency situations, the Building Official, or his authorized
representative, shall not enter any building or premises without the consent of the owner
or occupant thereof, unless he possesses a warrant authorizing entry and search of the
premises. No person shall hinder or prevent the Building Official, or his authorized
representative, while in the performance of the duties herein described as emergency
situations or while in possession of a warrant, from entering upon and into any and all
premises under his jurisdiction, at all reasonable hours, for the purpose of inspecting the
same to determine whether or not the provisions of the Chapter and all other applicable
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laws or ordinances pertaining to the protection of persons or property are observed
therein.
Section 202.9 - Deleted_
"Section 202.9. of the Uniform Administrative Code hereby is deleted, in its
entirety.
"Section 204 of the Uniform Administrative Code hereby is amended to read, in
words and figures, as follows:
"Section 204.1. Appeals. A decision of the Building Official regarding the
interpretation or implpnentation of any provision of this Chapter or the Code adopted
hereby shall be final and shall become effective forthwith upon the service of the decision
by the Building Official, in writing, upon the permittee. For the purposes of this section,
service upon the permittee shall mean either personal delivery or placement in the United
States Mail, postage prepaid, and addressed -to the permittee at his last known business
address; provided, however, that the permittee may, within- tea (10) days after the
effective daft of the decision of the Building Official, file an appeal with the City Clerk,
in writing, specifying the reason or reasons for the appeal and requesting that the Board
of Appeals review the decision of the Building Official.
"Section 204.2. The City Council shall act as the Board of Appeals in making
a final determination of any appeal filed in accordance with the provisions of Section 204
of this Code. The City Clerk shall schedule a heating on the appeal at reasonable times
at the convenience of the Board of Appeals, but not later that thirty (30) days after
receipt of the written appeal. The permittee may appear in person before the Board or
be represented by an attorney and may introduce evidence to support his claim. The
Building Official shall transmit to the Board all records, papers, documents, and other
materials in support of his decision and shall provide a copy thereof to the permittee
appealing the decision of the Building Official. The permittee Wading the decision of
the Building Official shall cause, at his own expanse any teats or research required by
the Board to substantiate his claim to be performed or otherwise carried out. The Board
may continue such appeal hearing from time to time as deemed necessary by the Board.
The Board may, by resolution, affirm, reverse or modify in whole or in part, any
apldecision, Piesmination,or interpretation of the Building Official. A copy of
the resolution adopted by the Board shall be; mailed to the permittee and the Board's
decision shall be final upon the mailing, by United States Mail, postage prepaid, to the
permittee 's last known address of record.
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"Section 301.1. of the Uniform Administrative Code hereby is amended to read,
in words and figures, as follows:
"Section 301.1. Permits Required. Except as specified in Section 301.2 of this
section, no building or structure regulated by this Code shall be erected, constructed,
enlarged, altered, repaired, moved, improved, removed, converted or demolished unless
a separate permit for each building or structure has first been obtained from the Building
Official. All signs affixed to any building or structure and not otherwise requiring a
permit hereunder shall require a building permit.
"Section 301.2.1.1. of the Uniform Administrative Code hereby is amended to
read, in words and figures, as follows:
"Section 301.2.1.1. Detached accessory buildings used as tool and storage sheds,
playhouses, and similar uses provided that:
a. The building is accessory to a dwelling unit.
b. The building neither exceeds 120 square feet in roof area nor exceeds 6
feet in overall height.
C. The building has no plumbing or electrical installations or fixtures.
d. The building is separated from any similar accessory structures by a
minimum distance of 6 feet.
"Section 301.2.1.2. of the Uniform Administrative code hereby is amended to
read, in words and figures, as follows:
"Section 301.2.1.2. Fences not over 6 feet high.
EXCEPTION 1: Walls or fences more than 42" above finish grade, within the
required front yard setback area.
Section 301-2-1-5- -.Amanda
"Section 301.2.1.5. of the Uniform Administrative Code hereby is amended to
read, in words and figures, as follows:
_ "Section 301.2.1.5. Retaining walls which are not over 3 feet in height gured
from the bottom of the footing to the top of the wall, unless supporting
surcharge or
impounding flammable liquids.
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"Section 301.2.1.11. of the Uniform Administrative Code hereby is amended to
read in words and figures, as follows:
"Section 301.2.1.11. Prefabricated swimming pools, spas, or hot tubs accessory
to Group R, Division 3 Occupancy in which the pool walls are embedded no more than
12 inches below the adjacent grade and if the capacity thereof does not exceed 5,000
gallons.
Section 302.1 of the Uniform Administrative Code hereby is amended to read,
in words and figures, as follows:
"Section 302.1. Application. Application for a permit to perform the work shall
be made in writing to the Building Official and shall fully describe said work. Plans,
engineering calculations, diagrams, and other data, including specifications and
schedules, may be required to determine whether the installation as described will be in
conformance with the requirements of this Title. If it is found that the installation as
described will conform with all legal requirements, and if tie applicant has complied with
the provisions of this Title, a permit for such installation shall be issued. No deviation
may be made from the installation described in the permit and plan without the prior
written approval of the Building Official.
"Section 303.4 of the Uniform Administrative Code hereby is amended by the
addition of the following exception to read, in words and figures, as follows:
"EXCEPTION: Demolition permits shall expire by limitation and shall become
null and void if the work authorized by such permits is not substantially commenced
within 45 days of the date such permit was issued or as otherwise specified by the
Building Official.
"Section 303 of the Uniform Administrative Code hereby is amended by the
addition of a new subsection (f) to read, in words and figures, as follows:
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"Section 303.6. Qualifications of Permittee. No person shall be issued a permit
under this Chapter until evidence of a valid California Contractor's License and Workers
Compensation Insurance is presented to the Building Official.
"EXCEPTION: Owner -builder permit may be issued for specified occupancies
in accordance with California law.
"Section 304.2 of the Uniform Administrative Code hereby is amended to read,
in word and figures, as follows:
"Section 304.2. Permit Fees. The fees required in this Chapter shall be paid to
the Building Official for all work for which a permit is required by this Title.
"The determination of value or valuation under any of the provisions of this
Chapter shall be made by the Busldmg Official whose determination shall be final. The
value is to be utilized in computing the permit and plan review fees established pursuant
to this Chapter shall be the total value of all work for which the permit is issued
including, by way of illustration and not by limitation, construction and finish work,
painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire -
extinguishing systems, and all other permanent equipment.
"Section 304.3. of the Uniform Administrative Code hereby is amended to read,
in words and figures, as follows:
"Section 304.3. Plan Review Fees. When a plan or other data is required to be
submitted for review and approval by the Building Official pursuant to this Chapter, a
plan review fee shall be paid at the time of submittal of such plan or other data. Said
Plan review and recheck fees shall be established, and may be amended from time to
time, by resolution of the City Council.
"Section 304.4. of the Uniform Administrative Code hereby is amended to read,
in words and figures, as follows:
"Section 304.4. Expiration of Plan Review. Applications for which no permit
is issued within 180 days following the date of submitted application shall expire by
limitation, and plans and other data submitted for review may d reafter be returned to
the applicant or destroyed by the Building Official. The Building Official may extend
the time for action by the applicant for a period not exceeding 180 days upon request by
the applicant showing that circumstances beyond the control of the applicant have
prevented action from being taken. No application shall be extended more than once.
In order to renew action on an application after expiration, the applicant shall resubmit
plans and pay a new plan review fee.
"Section 304.5 of the Uniform Administrative Code hereby is amended to read,
in words and figures, as follows:
"Section 304.5. Failure to obtain a permit and to pay fees therefor before
commencing work shall be deemed evidence of violation of the provisions of this
Chapter. A penalty, as established by resolution of the City Council, shall be assessed
for work commenced before a permit is issued. Whenever any work for which a permit
is required under the provisions of this Chapter has been commenced without the
authorization such permit, a special investigation may be required before a permit will
be issued for any such work. In addition to any regular permit fee and/or any penalty
fee, the said investigation fee shall be collected as established by resolution of the City
Council.
"Section 304.6 of the Uniform Administrative Code hereby is amended to read,
in words and figures, as follows:
"304.6. Fee Refunds. 'The Building Official shall collect such fees as are required
to be paid by this Chapter and shall make no refund of fees paid except in accordance
the provisions of this section and in no event after one hundred eighty (180) days have
elapsed from the date of the issuance of the permit. All requests for refund of fees paid
shall be made in writing to the Building Official and shall be made in accordance with
the procedures and refund schedule established by resolution of the City Council.
"Section 310 hereby is added to Chapter 3 of the Uniform Administrative Code
by addition of a new section to read, in words and figures, as follows:
"Section 310. prohibited Uses of Building Sites.
"310.1 Flood Hazard. Buildings are not permitted in an area determined by the
city engineer to be subject to flood hazard by reason of inundation, overflow or erosion -
"The placement of the building and other strictures (uicluding walls and fences)
on the building site shall be such that water or mud flow will not be a hazard to the
building or adjacent property.
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"EXCEPTION: This prohibition shall not apply when provision is made to
eliminate such flood hazard to the satisfaction of the city engineer by providing adequate
drainage facilities, by protective walls, suitable fill, raising the floor level of the
building, a combination of these methods, or by other means.
"310.2 Geologic Hazards.
"310.2.1. No building or grading permit shall be issued under the provisions of
this section when the city engineer finds that property outside the site of the proposed
work could be damaged by activation or acceleration of a geologically hazardous
condition and such activation or acceleration could be attributed to the proposed work on,
or, change in use of, the site for which the permit is requested. For the purpose of this
section, geologically hazardous condition does not include surface displacement due to
earthquake faults.
"310.2.2. Work requiring a building or grading permit by this code is not
permitted in an area determined by the city engineer to be subject to hazard from
landslide, settlement, or slippage. These hazards include those from loose debris,
slopewash and the potential for mud flows from natural slopes or graded slopes. For the
purposes of this section, landslide, settlement, or slippage does not include surface
displacement due to earthquake faults.
"310.2.3. Subject to the conditions of subsection 310.2.1 of this section, permits
may be issued in the following cases:
a. When the applicant has submitted an engineering geology and/or geotechnical
engineering report or reports complying with the policies and provisions of city engineer
which report or reports show that the hazard will be eliminated prior to the use or
occupancy of the land or structures by modification of topography, reduction of
subsurface water, buttressing, a combination of these methods, or by other means.
b. When the applicant has submitted an engineering geology and/ geotechnical
engineering report or reports complying with the policies and provisions of the city
engineer which report or reports contain sufficient data to show that the site appears to
be in no danger for the intended use.
"Section 311 hereby is added to Chapter 3 of the Uniform Administrative Code
by addition of a new section to read, in words and figures, as follows:
"Section 311. Geology and Engineering Reports. The Building Official, or the
city engineer in the case of an application for a grading permit, may require an
engineering geology or geotechnical engineering report, or both, when in his opinion
such reports are essential for the evaluation of the safety of the site. The engineering
geology or geotechnical exngineermg report or both shall contain a finding regarding the
safety of the building site for the proposed structure against hazard from landslide,
settlement or slippage and a finding regarding the effect that the proposed building or
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grading construction will have on the geologic stability of property outside of the building
site. Any engineering geology report shall be prepared by a certified engineering
geologist licensed by the State of California. Any geotechnical engineering report shall
be prepared by a civil engineer qualified to perform this work, such as a geotechnical
engineer experienced in. soil mechanics. When both an engineering geology and
geotechnical engineering report are required for the evaluation of the safety of a building
site, the two reports shall be coordinated before submission to the Building Official or
city engineer. Any finding regarding the safety of the building site and the effect that
the proposed building or grading construction will have on the geologic stability of
property outside of the building site must be substantiated with sufficient data and
analyzed in a manner consistent with the current industry standard of care and must be
concurred with by the city engineer who may rely on the opinion of independent
geotechnical reviewers.
"Section 312 hereby is added to Chapter 3 of the Uniform Administrative Code
by addition of a new section to read, in words and figures, as follows:
"Section 312 Earthquake Fault Maps. Special studies zones maps within the City
of Diamond Bar prepared under sections 2622 and 2623 of the California Public
Resources Code which show traces of earthquake faults are hereby declared to be, on the
date of official issue, a part of this code, and may be referred elsewhere in this code.
Special studies zones maps revised under the above sections of the California Public
Resources Code shall, on the date of their official issue, supersede previously issued --
maps which they replace.
Copies of each of the above maps shall be available for examination by the public at the
Department of Public Works, Department of Community Development and the Office of
the City Clerk.
"Tables No. 3-A, 3-B, 3-C, 3-D, 3-E, 3-F, 3-G, and 3-H of the Uniform
Administrative Code hereby are deleted in their entirety. All fees required shall be
established by resolution of the City Council which may, from time to time, amend the
fees prescribed by such resolution.-
'15.00.130
esolution."
'15.00.130 Penalties fiw Violation of Division
"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 Division. Any
person, firm, partnership, or corporation violating any prmision of this Division or
failing to comply with their requiremmts shall be deemed guilty of a misdemeanor and —
upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars
($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and
10
imprisonment. Each such person, firm, partnership, or corporation shall be deemed
guilty of a separate offense for each and every day or any portion thereof during which
any violation of any of the provisions of this Division or the Codes adopted hereby is
committed, continued or permitted by such person, firm, partnership, or corporation, and
shall be deemed punishable therefor as provided in this Division.
Amending Division 3 of Title 15 of the Diamond Bar City Code to read, in words and
figures, as follows:
DIVISION 3. BUILDING CODE
"Sections:
"15.00.310 Uniform Building Code - Adopted.
"15.00.320 Code Amendments
Chapters 1,2 and 3 - Deleted.
Section 1806.10 - Added.
Section 1503 - Amended.
Section 1504 - Amended.
Table No. 15-A - Amended.
Section 904.2.2 - Amended.
Section 3308 - Amended
Section 3306 - Amended
Section 3307 - Amended
Section 3307.1 - Added
Section 3307.2 - Added
Section 3307.3 - Added
Section 3309.1 - Amended
Section 3309.2 - Amended
Section 3309.3 - Amended
Section 3309.9 - Amended
Section 3309.10 - Added
Section 3309.11 - Added
Section 3310 (Appendix) - Amended.
Section 3315 - Amended
Section 3315.6 - Added
Section 3316 - Amended
Section 3316.3 - Added
Section 3316.4 -Added
Tables 33-A and 33-B (Appendix) - Deleted.
"15.00.330 Penalties - Added.
015.00.310 Un1fOIm l ildlaa Code - Adz ftd.
"Except as hereinafter provided, the Uniform Building Code, 1994 Edition, and
the appendices thereto prepared by the International Conference of Building Officials, is
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hereby adopted by reference and incorporated herein as though fully set forth herein and
shall constitute the Building Code of the City. A copy of such 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 Building Code and a provision applicable of cities of the California
Building Code as contained in Part 2 of Title 24 of the California Code of Regulations,
the provision of the California Building Code shall prevail.
015.00.320 1g
"Chapters 1, 2 and 3 of the Uniform Building Code hereby are deleted, in their
entirety. All administrative, permitting and related requirements of said Chapters 1, 2,
and 3 of the Uniform Building Code shall be governed by Division 2 of this Title.
"Section 1806.10 of the Uniform Building Code is hereby added to read, in words
and figures, as follows:
"Section 1806.10. Foundations on Expansive Soil. Foundation systems on
expansive soil shall be constructed in a manner that will minimize damage to the
structure from movement of the soil. Slab -on -grad and mat -type footings for buildings
located on expansive soils may be designed in accordance with the provisions of Division
III or such other engineering design
based upon geotechnical recommendation as
approved by the building official. For residential -type buildings, where such an approved
method of construction is not provided, foundations and floor slabs shall comply with the
following requirements:
"1. Depth of foundations below the natural and finish grades shall be not less that
24 inches for exterior and 18 inches for interior foundations.
"2. Exterior walls and interior bearing walls shall be supported on continuous
foundation.
"3. Foundations shall be reinforced with at least two continuous one -half-inch
diameter deformed reinforcing bars. One bar shall be placed within four inches of the
bottom of the foundation and one within four inches of the top of the foundation.
"4. Concrete floor slabs on grade shall be cast on a four -inch fill of coarse
aggregate or on a moisture barrier membrane. The slabs shall be at least three and one-
half inches thick and shall be reinforced with welded wire mesh or deformed reinforcing —
bars. Welded wire mesh shall have a cross-sectional area of not less than five -
hundredths square inch per foot each way. Reinforcing bars shall have a diameter of not
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less that three -eights inch and be spaced at intervals not exceeding 24 inches each way.
"5. The soil below an interior concrete slab shall be saturated with moisture to
a depth of 18 inches prior to casting the concrete.
"Section 1503 of the Uniform Building Code as heretofore adopted, hereby is
amended to read, in words and figures, as follows:
"Roof Covering Requimm�ents.
"Section 1503. The roof covering on any structure regulated by this code shall be
specified in Table No. 15-A and as classified in Section 1504.
"The roof -covering assembly includes the roofdeck, underlayment, interlayment,
insulation and covering which is assigned a roof -covering classification.
"Roof Coverings Within Fire Zones.
"Unless governed by more stringent requirements of this law, roofs on all
buildings within all area designated as Fire Zone 4 by the Los Angeles County Fire
Protection District, and approved by the City Council, shall have at least a Class A roof
covering.
"1. Section 1503 is applicable to new buildings and to existing buildings when
twenty-five percent (25 %) or more of the roof area is reroofed within a one-year period
after issuance of a building permit.
"2. Section 1503 is not applicable to existing buildings under the operation of a
license or which owners have made applicable for licensure issued by the California
Department of Social Services or the California Department of Health Service.
"ffifC�'1TON: Existing buildings that have twenty-five percent (25 %) or more
of the roof area reroofed within a one-year period after the issuance of the building
permit or after commencing construction, are required to be fire retardant by other
provisions of this code.
"3. The installer of the roof covering shall provide certification of the roof
covering classification to the building owner and, when requested, to the inspection
authority having jurisdiction."
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"Section 1504 of the Uniform Building Code, hereby is amended by the deletion
of subparagraph 1504.5 thereof and the addition of a new subparagraph 1504.5 to read,
in words and figures, as follows:
"1504.5 EXCE TON: Except as required within Section 1503 of the Uniform
Building Code, as adopted by the City Council of the City of Diamond Bar, and
notwithstanding any other provision of this Code, any existing roof covering not in
conformity with this Section may be repaired by the use of similar non -conforming roof
covering materials where the repair thereof does not exceed twenty-five percent (25 %)
of the existing gross roof area; provided, however, that the twenty-five percent (25 %)
exception provided hereunder may be utilized only once in any twelve (12) month period
time. "
"Table No. 15-A - Minimum Roof Classes of the Uniform Building Code, as
heretofore adopted by this Council, hereby is amended by deleting therefrom any and all
references to "NR - Nonrated roof coverings" and substituting therefor "C - Class C
roofing."
"Section 904.2.2 of the Uniform Building Code hereby is amended by the addition
of a new subsection (6) to read, in words and figures, as follows:
"Section 904.2.2. In buildings over three stories in height; provided, however,
the respective increase in area and in height specified in Sections 505 and 506, and the
substitution for one-hour fire -resistive construction specified in Section 508 shall be
permitted. For the purposes of this subsection the Building Official may consider a
basement as a story where the basement would have originally been considered a story
except for fill being placed against the building. In malong this determination the
Building Official shall consult with the fire department.
"Section 3308 of Chapter 33 (Appendix) of the Uniform Building Code hereby
is amended by addition to and modification of definitions therein to read, in words and
figures, as follows:
"BUILDING OFFICIAL. Whenever in Chapter 33 (Appendix) the term 'building
official" is used, said term shall mean, and all powers and duties to be exercised by the
building official shall be vested in, the city engineer of the City of Diamond Bar.
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"ENGINEERING GEOLOGIST shall mean a person experienced and knowledgeable in
engineering geology and holding a valid certificate of registration as a geologist issued
by the State of California.
"LANDSCAPE ARCHITECT shall mean a person holding a valid certificate of
registration as a landscape architect issued by the State of California.
"SOILS ENGINEER (GEOTECHNICAL ENGINEER) shall mean a civil engineer
experienced and knowledgeable in the practice of soils (geotechnical) engineering the
holding a valid certificate of registration as a soil (geotechnical) engineer y
State of California.
Recommend the following be included in the proposed ordinance as it amends Chapter
33 (Appendix) of the Uniform Building Code:
"Section 3306.3 hereby is amended by adding subsection 3306.3, 3306.3a and 3306.3b
of Chapter 33 (Appendix) of the Uniform Building Code by addition of a new subsection
to read, in words and figures, as follows:
-- "Section 3306.3 Other Permits Required and Jurisdiction of Other Agencies.
"Section 3306.3.a Other Permits Required. Permits issued under provisions of this
Chapter 33 (Appendix) convey no right to erect any foundation, structure or building,
or construct any swimming pool, spa or hot tub, or do any plumbing work, or do any
electrical work. Regular foundation, structure or building; swimming pool, spa or hot
tub; plumbing; electrical or other permits shall be secured for all such work.
"Section 3306.3.b Jurisdiction of Other Agencies. Permits issued under provisions of
this Chapter 33 (Appendix) shall not relieve the owner of the responsibility for securing
permits, licenses or approvals that may be required from other departments or divisions
of the governing agencies.
"Section 3307 of Chapter 33 (Appendix) of the Uniform Building Code hereby is
amended by adding subsection 3307.1, 3307.2, and 3307.3 to read, in words and figures,
as follows:
"Section 3307.1. Hazardous Conditions. Whenever the city engineer determines that
any existing excavation, embankment or fill has become a hazard to life and limb, or
15
endangers structures, or adversely affects the safety, use or stability of a public way or
drainage channel, the owner of the property upon which the excavation, embankment or
fill is located, or other person or agent in control of said property, upon receipt of notice
in writing from the city engineer shall within the period specified therein repair,
reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard.
"Section 3307.2. Maintenance of Protective Devices and Rodent Control. The owner
of any property on which grading has been performed pursuant to a permit issued under
the provisions of this code, or any other person or agent in control of such property,
shall maintain in good condition and repair all drainage structures and other protective
devices and burrowing rodent control when shown on the grading plans filed with the
application for grading permit and approved as a condition precedent to issuance of such
permit.
"Section 3307.3. Correlation With Other Sections. The provisions of this section are
independent of the provisions of Division 9, Building and Property Rehabilitation Code
of Title 15 of the Diamond Bar City Code.
"Section 3309.1 of Chapter 33 (Appendix) of the Uniform Building Code hereby is
amended to read, in words and figures, as follows:
"Section 3309.1. Permits Required. Except as exempted in Section 3306 of this Chapter
33 (Appendix), no person shall do any grading without first obtaining a grading permit
from the city engineer. A separate permit shall be required for each site, and may cover
both excavations and fills, except that a grading permit may be issued for a site to
include incidental minor work outside the ate on contiguous property, provided that the
owner of such contiguous property has filed with the city engineer written consent to the
work. Such consent shall include a statement that the owner will irrigate and maintain
planted slopes and maintain drains located within his property and the owner will hold
the City of Diamond Bar free and clear of any liability for damages do to the proposed
work.
"Section 3309.2 of Chapter 33 (Appendix) of the Uniform Building Code hereby is
amended to read, in words and figures, as follows:
16
"Section 3309.2. Application. The provisions of Section 302 of the Uniform
Administrative Code, as duly adopted, are applicable to grading and in addition the
application shall state the estimated quantities of work involved.
"Section 3309.3 of Chapter 33 (Appendix) of the Uniform Building Code hereby is
amended to read, in words and figures, as follows:
"Section 3309.3. Grading Designation. Grading involving any fill intended to support
structures, or grading for the development of more than one lot or parcel, or grading in
excess of 1,000 cubic yards, or grading which includes excavation or fill in excess of 5
feet in depth or height shall be performed in accordance with the approved grading plan
prepared by a civil engineer, and shall be designated as "engineered grading". All other
grading shall be designated as "regular grading" unless the permittee chooses to have the
grading performed as "engineered grading" or unless the city engineer determines that
special conditions or unusual hazards exist, in which case grading shall be designated as
and conform to the requirements of "engineered grading".
"Section 3309.9 of Chapter 33 (Appendix) of the Uniform Building Code hereby is
amended to read, in words and figures, as follows:
"Section 3309.9. Issuance. The provisions of Section 303 of the Uniform Administrative
Code, as duly adopted, are applicable to grading permits. The city engineer may require
that grading operations and project designs be modified if delays occur which incur
weather -generated problems not considered at the time the permit was issued.
The city engineer may require professional inspection and testing by the soils engineer.
When the city engineer has cause to believe that geologic factors may be involved, the
grading will be required to conform to engineered grading.
"Section 3309.10 hereby is added to Section 3309 of Chapter 33 (Appendix) of the
Uniform Building Code by addition of a new subsection to 3309.10a, and 3309.10b read,
in words and figures, as follows:
"Section 3309.10 Denial of Permit.
"Section 3309.10.a. Flood and Geologic Hazards. The city engineer shall not issue a
grading permit in any case where he finds that the work, as proposed by the applicant, is
likely to adversely affect the stability of adjoining property or result in the deposition of
debris on any public way or interfere with any existing drainage course or be in any area
determined to be subject to flood or geologic hazard under provisions of Chapter 3 of the
Uniform Administrative Code, as duly adopted and amended.
17
EXCEPTION 1: This prohibition shall not apply when provision is made to eliminate
such flood or geologic hazard to the satisfaction of the city engineer under the provisions
of Section 310, Chapter 3 of the Uniform Administrative Code, as duly adopted and
amended.
EXCEPTION 2: This prohibition shall not apply when grading work in an existing
drainage course is designed to meet all requirements for grading in drainage courses under
the City's Hillside Management Ordinance and provision is made to the satisfaction of the
city engineer to adequately collect, convey and discharge flows through the project
without increasing erosion or deposition of debris or adversely affecting upstream or
downstream properties.
"Section 3309.10.b. Land Use. The city engineer shall not issue a grading permit for
any work on the site unless the proposed uses shown on the grading plan for the site will
comply with the provisions of the Zoning Code Ordinance of the City of Diamond Bar.
"Section 3309.11 hereby is added to Section 3309 of Chapter 33 (Appendix) of the
Uniform Building Code by addition of a new subsection 3309.1la and 3309.1 ib to read,
in words and figures, as follows:
"Section 3309.11. Import and Export of Earth Materials in Excess of 10, 000 Cubic
Yards.
"Section 3309.11.a. Transport Over Public Maintained Streets. In addition to other
provisions of this code, the following requirements shall apply when earth materials in
excess of 10,000 cubic yards are to be exported from or imported to a grading site by
transporting such materials over a publicly maintained street.
1. The point of access to the public street shall be located as approved by the city
engineer.
2. Special safety precautions, including, but not limited to, the access mad approach
grade and alignment to the public street, sight distance at the intersection with the
public street and traffic control devices may be required by the city engineer.
"Section 3309. l l.b Zoning Ordinance Compliance. No grading permit shallbe issued for
the import or export of more than 10,000 cubic yards of earth material to or from a
grading site where such work would be classified as an "off-site transport grading project"
as defined in Title 22, entitled "Zoning Ordinance", of the County of Los Angeles, as duly
adopted by the City of Diamond Bar, unless the project is in conformance with Title 22.
"Section 3310 of Chapter 33 of the Uniform Building Code Appendix hereby is
amended to read, in words and figures, as follows:
"Section 3310. Grading Fees. Whenever any permit fees, plan review fees,
inspection fees or other fees are required to be paid the same shall be paid in accordance
18
with the procedures and in such amounts as established, and may be amended from time
to time, by resolution of the City Council.
"Section 3315.6 hereby is amended by adding subsection 3315.6 of Chapter 33 (Appendix)
of the Uniform Building Code by addition of a new subsection to read, in words and
figures, as follows:
"Section 3315.6. Overflow Protection. Berms, swales or other devices shall be provided
at the top of cut or fill slopes steeper than five horizontal to one vertical to prevent surface
waters from overflowing onto and damaging the face of the slope. Gutters or other special
drainage controls shall be provided where the proximity of runoff from buildings or other
structures is such as to pose a potential hazard to slope integrity.
&W,on 3316.3 - Added
"Section 3316.3 hereby is amended by adding subsection 3316.3, and 3316.4 of Chapter
33 (Appendix) of the Uniform Building Code by addition of a new subsection to read, in
words and figures, as follows:
"3316.3. Temporary Erosion Control Precautions. Grading operations shall be planned
to avoid the rainy season, October 15 and April 15. Grading permits shall only be issued
when a plan for erosion control and silt retention has been approved by the city engineer.
"3316.3a. The city engineer shall not issue a grading permit for any work to be
commenced between October 1 of any year and April 15 of the following calendar year,
unless detail plans for such work include the details of protective measures, including
desdtmg basins or other temporary drainage control measures, or both, as may be
necessary to protect the adjoining public and private property from damage by erosion,
flooding or deposition of debris which may originate from the site or result from such
grading operations.
If grading is begun prior to October 15, all protective measures shall be installed prior to
October 15. If grading is begun on or after October 15, all protective measures shall be
installed before grading is begun. All protective measures shall be maintained in good
working order until April 15 of the succeeding year, when gig is done between
October 15 and December 31, or until April 15 of the same year when grading
is done
between January 1 and April 15, unless their removal at an earlier date is agreed to by the
city engineer.
"3316.3b. Where a.grading permit is issued and grading work commenced after April
15 and before October 1 of any year and the plans for such work do not include details of
the protective measures described in section 3316.3.a, and it appears that the grading and
19
installation of the permanent drainage devices as authorized by the permit will not be
completed by October 15, then, on or before October 1 the owner of the site on which the
grading is being performed shall file or cause to be filed with the city engineer revised
detail plans which include details of the protective measures described in, and in all other
respects follow, the provisions of section 3316.3.a.
"3316.3c. Effect of Noncompliance. Should the owner fail to submit detail plans or
fail to provide the protective measures required by sections 3316.3.a and 3316.3.b by the
dates specified therein, it shall be deemed that a default has occurred under the conditions
of the grading permit security. Thereupon the city engineer may enter the property for the
purpose of installing, by city forces or other means, the drainage and erosion control
devices shown on the approved detail plans, or if there are no approved detail plans, as
may be deemed necessary to protect adjoining property from storm damage, or the city
engineer may cause the owner of the site to be prosecuted as a violator of this code, or he
may take both actions.
"Section 3316.4 hereby is added to Section 3316 of Chapter 33 (Appendix) of the Uniform
Building Code by addition of a new subsection to read, in words and figures, as follows:
"Section 3316.4 Permanent Erosion Control.
"Section 3316.4.x. Planting and Irrigation. The surface of all manufactured slopes shall
be protected against damage by erosion by the installation of a permanent irrigation system —'
and planting with ground cover, shrubs and/or trees which provide satisfactory long term
erosion control. Planting and plant materials shall be specified and wed in accordance
with the Hillside Management Ordinance of the City of Diamond Bar. The irrigation
system shall provide adequate coverage and the proper application rate to maintain the
appropriate moisture for the establishment and proper growth of the plantings installed,
but the irrigation shall not saturate the slopes or cause erosion.
"Section 3316.4.b. Planting and Irrigation Plans and Specifications' For grading which
includes cut slopes more than 5 feet in height; or fill slopes supporting structures or more
than 3 feet in height; or natural slopes disturbed more than 10 feet in surficial extent by
the grading operations planting and irrigation plans and specifications shall be submitted
ffactured slopes more than 20 feet in height
or approval of the city engineer. For all manu
or natural slopes disturbed more than 20 feet in surficud extent by grading operations
plans shall be prepared and signed by a civil engineer or landscape architect.
"Section 3316.4.c. Rodent Control. All manufactured slopes steeper than four horizontal
to one vertical within a grading project adjacent to undeveloped or unoccupied land shall
be protected from potential slope damage by a preventative program of burrowing rodent
control.
"Section 3316.4.d. Release of Security. The planting and irrigation systems required by
this section shall be installed as soon as practical after rough grading. Prior to final
approval of grading and before the release of grading security, the planting shall be well
20
established and growing on the slopes and, where required by subsection 3316.4.c, there
shall be evidence of an effective rodent control program.
"Tables No. 33-A and 33-B hereby are deleted from Chapter 33 of the Uniform
Building Code Appendix in their entirety."
"15.00.330 P nsltiem for vioutionALDLYWw
"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 Division. Any
pin, firm, partnership, or corporation violating any provision of this Division or failing
to comply
with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars
($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and
imprisonment. Each such person, firm, parmership, or corporation shall be deemed guilty
of a separate offense for each and every day or any portion thereof during which any
violation of any of the provisions of this Division or the Codes adopted hereby is
committed, continued or permitted by such person, firm, partnership, or corporation, and
shall be deemed punishable therefor as provided in this Division.
Amending Division 4 of Title 15 of the Diamond Bar City Code to read, in words and
figures, as follows:
DIVISION 4. MECHANICAL CODE
"Sections:
15.00.510 Uniform Mechanical Code - Adopted•
15.00.520 Amendments
"15.00.530 Penalties - Added.
"15.00.510 MWb2niCW CA& -
AdoldeL
"Except as hereinafter provided, the 1994 Uniform Mechanical Code and the
Appendix thereto, published by the International Conference of Building Officials, is
b reference and incorporated herein th
as ough fully set forth herein and
hereby adopted Y Code of the City. A copy o
shau �� the Mechanics f such 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 applicable to cities of the California Mechanical
Code as contained in Part 4 of Title 24 of the California Code of Regulations, the
provision of the California Mechanical Code shall prevail.
21
"15.00.520
"Chapters 1, 2 and 3 of the Uniform Mechanical Code hereby are deleted, in their
entirety. All administrative, permitting and related requirements of said Chapters 1, 2 and
3 of the Uniform Mechanical Code shall be governed by Administrative Division H.
"15.00.530 FICO2 ties for Violaton of Ili
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 Division. Any
person, firm, partnership, or corporation violating any provision of this Division or failing
to comply with their requirements shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding One Thousand Dollars
($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and
imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty
of a separate offense for each and every day or any portion thereof during which any
violation of any of the provisions of this Division or the Codes adopted hereby is
committed, continued or permitted by such person, firm, partnership• or corporation, and
shall be deemed punishable therefor as provided in this Division.
Amending Division 5 of Title 15 of the Diamond Bar City Code to read, in words and
figures, as follows:.
DIVISION 5. PLUMBING CODE
"Sections:
" 15.00.710 Uniform Plumbing Code - Adopted.
"15.00.720 Amendments
Section 10, 20 and 30 - Deleted.
Section 318.0 - Added.
Section 722.6 - Added.
"15.00.730 Penalties - Added.
"15.00.710
"Except as hereinafter provided, the 1994 Edition of the Uniform Plumbing Code
and the appendices thereto, published by the International Conference of Budding
Offtials, is hereby adapted by reference and incorporated herein as though fully set forth
herein and shall conuitoe the Plumbing Code of the City. A copy of such Code has ban
deposited in the office of the City Clerk and shall be, at all tithes maintained by the City
Clerk for use and examination by the public. In the event of any conflict between the
provision of the Uniform Plumbing Code and a provision applicable to cities of the
22
California Plumbing Code as contained in Part 5 of Title 24 of the California Code of
Regulations, the provision of the California Plumbing Code shall prevail.
"15.00.720 Amendments
"Sections 10, 20 and 30 of the Uniform Plumbing Code hereby are deleted, in their
entirety. All administrative, permitting and related requirements of said Sections 10, 20
and 30 of the Uniform Plumbing Code shall be governed by Chapter 15.10 of this Title.
"Section 318.0 of the Uniform Plumbing Code hereby is added to read, in words,
and figures, as follows:
"Section 318.0 All new structures shall be equipped with an additional main for
future use of reclaimed water for landscape irrigation systems".
Section 722.6 - Added.
"A new subsection 722.6 hereby is added to Section 722 of the Uniform Plumbing
Code to read, in words and figures, as follows:
Subsection "722.6 No such excavation shall be left unattended at any time unless
the permittee shall have first provided a suitable and adequate barricade to assure Public
safety"-
1115.00.730
afety".
"15.00.730 p�m9jam for Violation of Division
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 Division. Any
person, firm, partnership, or corporation violating any Provision of this Division or failing
to comply with their requirements shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding One Thousand Dollars
($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and
imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty
of a separate offense for each and every day or any portion thereof during which any
violation of any of the provisions of this Division or the Codes adopted hereby is
committed, continued or permitted by such person, firm, partnership, or corporation, and
shall be deemed punishable therefor as provided in.this Division.
Amending. Division 6 of Title 15 of the Diamond Bar City Code to read, in words and
figures, as follows:
23
DIVISION 6. ELECTRICAL CODE
"Sections :
,,15.00.910 National Electrical Code - Adopted.
" 15.00.920 Amendments
Sections 90-1 through 90-8 - Deleted.
Section 110-14 - Amended.
Section 336-3 - Amended.
Section 336-4 - Amended.
Table No.300.5 - Amended.
15.00.930 Penalties - Added.
1115.00.910 National Electriad Cbde - Adnnted.
"Except as hereinafter provided, the 1993 Edition of the Uniform Electrical Code,
including the appendices thereto, published by the National Fire Protection Association,
is hereby adopted by reference with the same force and effect as though set forth herein
in full and shall constitute the Electrical Code of the City. A copy of such 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 applicable to cities of the California
Electrical Code as contained in Part 3 of Title 24 of the California Code of Regulations,
the provision of the California Electrical Code shall prevail.
"Sections 90-1 through 90-9, inclusive, of Article 90 of the National Electrical
Code hereby are deleted, in their entirety. All administrative, permitting and related
requirements of said Sections 90-1 through 90-9, inclusive, of the National Electrical Code
shall be governed by Chapter 15.10 of this Title.
"Section 110-14 of the National Electrical Code, 1993 Edition, allowing the use
of aluminum conductors shall be amended to read that no alumm um conductor smaller
than No. 4AWG shall be used. Whenever any aluminum is utilized as herein permitted,
the applicant shall be required to obtain, at applicant's expense, a separate Certificate of
Inspection from a special inspector authorized by law to provide such inspections; no
certificate of inspection shall be issued until after the on-site inspection.
"Section 336.3 of the National Electrical Code, 1993 Edition, is hereby amended
to read, in words and figures as follows: --
"Section 336-3(a) Type NM. Type NM Cable shall be permitted for concealed
work in normally dry location. It shall be permissible to install or fish type NM cable in
24
air voids in masonry block or tile walls where such walls are not exposed or subject to
excessive moisture or dampness.
"Section 336-3(b) Type NMC. Type NMC cable shall be permitted: (1) for
concealed work in'dry, moist, damp, or corrosive locations; (2) in outside and inside
walls of masonry block or tile; (3) in a shallow chase in masonry, concrete, or adobe
protected against nails or screws by a steel plate at lease 1116 inch (1.59 mm) thick and
covered with plaster, adobe, or similar finish.
"Section 3364(x) of the National Electrical Code, 1993 Edition, is hereby amended
to read, in words and figures as follows:
"Section 336-4(a) Type NM or NMC. Types NM and NMC cables shall not be used:
(1) in any dwelling or structure exceeding three floors above grade; (2) as service -entrance
cable; (3) in commercial and industrial buildings. For the purpose of this
article, the first floor of a building shall be that floor that has fifty percent or more of the
exterior wall surface area level with or above finished grade. One additional level that is
the first level and not designed for human habitation and used only for vehicle parking,
storage, or similar use shall be permitted.
"Table No. 300-5 of said National Electrical Code, 1993 Edition is hereby
amended to read, in words and figures, as follows:
"15.00.930 PenaWm for Violation of Division
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 Division. Any
person, firm, partnership, or corporation violating any provision of this Division or failing
to comply with their requirements shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a tine not exceeding One Thousand Dollars
($1,000.00) or by imprisonne t not exceoding'six (6) months or by both such fine and
imprisonae a. Each such person, film, partnership, or corporation shall be deemed guilty
of a separate offense for each and every day or any portion thereof during which any
violation of any of the provisions of this Division or the Codes adopted hereby is
committed, continued or permitted by such person, firm, partnership, or corporation, and
shall be deemed punishable therefor as provided in this Division.
Section $:
"Amending Division 7 of Title 15 of the Diamond Bar City Code to read, in words and
figures, as follows:
25
DIVISION 7. UNIFORM HOUSING CODE
"Sections:
"15.00.1110 Uniform Housing Code- Adopted
15.00.1120 Amendments
Chapters 1, 2 and 3 - Deleted
"15.00.1130 Penalties - Added
"15.00.1110 Uniform Housing Code - AdoOfgd.
"The "Uniform Housing Code', 1994 Edition, hereby is adopted in its entirety as
the Housing Code of the City of Diamond Bar, together with the amendments, additions,
deletions and exceptions set forth in this Division.
"15.00.1120
"Chapters 1, 2, and 3 of the Uniform Housing Code hereby are deleted, in their,
entirety. All administrative, permitting and related requirements of said Chapters 1, 2
and 3 of the Uniform Housing Code shall be governed this Division.
"15.00.1130 Penalties for Violation of Division
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 Division. Any
person, firm, partnership, or corporation violating any provision of this Division or failing
to comply with their requirements shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished. by a fine not exceeding One Thousand Dollars
($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and
imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty
of a separate offense for each and every day or any portion thereof during which any
violation of any of the provisions of this Division or the Codes adopted hereby is
committed, continued or permitted by such person, firm, partnership, or corporation, and
shall be deemed punishable therefor as provided in this Division.
"Amending Division 8 of Title 15 of the Diamond Bar City Code to read, in words
and figures, as follows:
26
DIVISION 8. UNIFORM SWII4NUNG POOL
AND SPA AND HOT TUB CODE
"Sections:
"15.00.1310 Uniform Swimming Pool Spa and Hot Tub Code - Adopted.
"15.00.1320 Part 1 - Deleted.
"15.00.1330 Penalties - Added.
"15.00.1310 Uniform Swimming Pool, So and Hot Tub Code - Ado
"The "Uniform Swimming Pool, Spa and Hot Tub Code", 1994 Edition, hereby
is adopted in its entirety as the Swimming Pool, Spa and Hot Tub Code of the City of
Diamond Bar, together with the amendments, additions, deletions and exceptions set forth
in this Division.
"15.00.1320 Part i -Deleted,
"Part 1 of the Uniform Swimming Pool, Spa and Hot Tub Code hereby is deleted,
in its entirety. All administrative, permitting and related requirements of said Part 1 of
the Uniform Swimming Pool, Spa and Hot Tub Code shall be governed by Division 2.
"15.00.1330 Penalties for VioWon of Division
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 Division. Any
person, firm, partnership, or corporation violating any provision of this Division or failing
to comply with their requirements shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding One Thousand Dollars
($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and
imprisonment. Each such person, firm, partoetahip, or corporation shall be deemed guilty
of a separate offense for each and every day or any portion thereof during which any
violation of any of the provisions of this Division or the Codes adopted hereby is
committed, contincod or permitted by such person, firm, partnership, or corporation, and
shall be deemed punishable therefor as provided in this Division.
"Except as hereinafter provided, Appendix 1 of the 1994 Uniform Code for
Building Conservation, published by the International Conference of Building Officials,
is hereby adopted by reference and incorporated herein as though fully set forth herein and
shall constitute Appendix 1 of the Building Conservation Code of the City. A copy of
such Appendix has been deposited in the 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 applicable to- cities of the Appendix 1 of the Building
Conservation Code and a provision of the California Building Conservation Code as
contained in Part 10 of Title 24 of the California Code of Regulations, the provision of the
27
California Building Conservation Code shall prevail.
"Amending Division 9 of Title 15 of the Diamond Bar City Code to read, in words
and figures as follows:
DIVISION 9. BUILDING AND PROPERTY REHABIUTATION CODE
"15.00.1510 Building and Property Rehabilitation Code - Adopted
"15.00.1520 Amendments
Section 9902(a) - Amended
Section 9902(g) - Added
Section 9902(h) - Added
Section 9904(0) - Deleted
Section 9905(k) - Amended
Section 9906 - Deleted
Section 9927 - Amended
"15.00.1530 Penalties - Added
"15.00.1510. AdQuied.
"The Building and Property Rehabilitation, Chapter 99 of title 26 of the County —
Building Code, 1993, is hereby adopted in its entirety as the "Building and Property
Rehabilitation Code" of the city together with the amendments, additions, deletions, and
exceptions set forth in this Division.
1115.00.1520. AMUMIM AL
"The code adopted by Section 15.00.1510 is amended as provided in this Section:
"Section 9902(a), Board defined, is amended to read, in words and figures, as
follows:
"(a) Board defined. Whenever in this Chapter 15.38 the term "Building
Rehabilitation Appeals Board" is used, the term shall mean, and the powers and duties to
be exercised by the Building and Rehabilitation Appeals Board shall be vested in, the
Planning Commission of the City of Diamond Bar, and whenever in this Chapter 15.38
the term " Board of Supervisors" is used, said term shall mean, and the powers and duties
to be exercised by the Board of Supervisors shall be vested in, the City Council of the City
of Diamond Bar.
"Section 9902(8), County Engineer defined, is added to read in words and figures, —
as follows:
(g) County Engineer defined. Whenever in this Chapter 15.38 the term "County
28
Engineer" is used, the term shall mean, and the powers and duties to be exercised
by the county engineer shall be vested in, the city manager, or his designee.
"Section 9902(h), County defined, is added to read in words and figures, as
follows:
(h) County defined. Whenever in this chapter 15.38 the term "county" is used,
said term shall mean, and the powers and the duties to be exercised by the county
shall be vested in, the City of Diamond Bar.
"Section 9904(0) is deleted in its entirety.
"Section 9905(k) is amended to read in words and figures, as follows:
(k) Garbage containers and receptacles stored in front or side yards visible from
public streets, except when placed m areas for collection not earlier than sunset of
the day preceding the designated day for collection, and all containers and
receptacles shall be removed from the place of collection prior to 10:00 p.m. of the
day the containers and receptacles have been emptied.
"Section 9906 is deleted in its entirety.
"Section 9927 is amended to read in words and figures as follows:
"Section 9927. The costs involved in the demolition or other work by the county
engineer, including m addition to other costs the applicable processing costs as set
forth in Resolution 91-54 (fee schedule), shall become a special assessment against
the property.
1115.00.1530 roskides for yjgIMJ0 of Division
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 Division. Any
person, firm, partnership, or corporation violating any provision of this Division or failing
to comply with their requirements shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding One Thousand Dollars
($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and
imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty
of a separate offense for each and every day or any portion thereof during which any
violation of any of the provisions of this Division or the Codes adopted hereby is
committed, continued or permitted by such person, firm, parumshnp, or corporation, and
shall be deemed punishable therefor as provided in this Division.
Sago 11. The modifications to the Building Code that have been enacted are merely
a continuation of the Uniform Building Code, and all of the changes and ' modifications to
the Building Code, whether previously enacted or enacted in this ordinance, are reasOMW
necessary because of local climate, characterized by hot, dry summers, followed by strong
Sarna Ana winds and heavy winter rains, the location in Southern California, and the
29
relatively hilly topography of the City as more particularly set forth in Resolution No -2L
Z1•
Section 12. The numbering of the 1994 editions of the Uniform Building Code, the
Uniform Mechanical Code and the Uniform Plumbing Code has been completely revised
from earlier editions. All references to the Uniform Building Code and the Uniform
Mechanical Code in the Articles of the Code which are not amended by this or a
subsequently enacted ordinance shall refer instead to the appropriate section 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 the Uniform
Mechanical Code, published by the International Conference of Building Officials. All
references to the Plumbing Code in sections of the Diamond Bar City Code which have
not been amended by this or a subsequently enacted ordinance shall refer instead 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 13. 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 a building code that comports with state law and contains those modifications
necessitated by unique geographic, geologic and climatic conditions. In the absence of
immediate effectiveness, the provisions of the building code 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 Code contain vital
provisions regarding administrative procedures, roofing materials, sprinkling
requirements, and other similar matters necessitated by the City's exposure to Santa Ana —�
winds and its limited rainfall in summer and fall months. For these reasons, the public
health, safety and welfare require that this ordinance take effect immediately. This is an
urgency ordinance.
Section 14, This ordinance shall be effective upon adoption and shall become operative
on December 28, 1995.
PASSED, ADOPTED AND APPROVED this 5yL. day of December- 1995'.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 5.dL day of December , 1995, and was finally passed at a regular _
meeting of the City Council of the City of Diamond Bar held on the -2h— day of Decernbcz ,
all
1995, by the following vote:
AYES: COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Harmony, Papen,
M/Ansari
None
None
None
Werner, MPT/Huff,
ATTEST: -
City erk of the City of biamond Bar
31
QTable 300.5. Minimum Cover Requirements, 0 to 600 Volts, Nominal, Burial In Inches
(Cover Is defined as the shortest distance measured between a point on the top surface of any direct
burled conductor, cable, conduit, or other raceway and the top surface of finished grade, concrete, or similar cover.) 0)
1
Location of Direct Burial
Wiring Method Cables or
or Ctreuit _ Conductors
Type of Wiring fAetltod or Clrwit
5
Circuits for Control
3
of Irrigation and
Nonmetallic
Umitescape
Raceways
2
Listed for
Rigid Metal
Direct Burial
Conduit or
without Concrete
intermediate
Encasement or
Metal
Other Approved
Conduit
Raceways
4
Residential Branch
5
Circuits for Control
Circuits Rated
of Irrigation and
t20or
Umitescape
with
d to NO Moing
re
Protection
than 30 Volts and
and Maximum
Installed
Ovwcurrent
r In Othere
.
Protection of
Identified Cable
20 Amperes
or Raceway
All Locations Not6
18 12
6
Specified Below
23
Slab with No Vehicular
4 4 6 (Direct
In Trench Below 2 -Inch
Traffic and the Stab 18
Burial)
Burial)
Thick Concrete or6
18 6
12 6
Inches beyond the
Equivalent
Raceway)
0
0(In
0
Under.a Building
0 (In 0
0
2 2
In Solid Rock Where 2 2
Raceway
Only)
RacewayRaceway
2 Inches Concrete RacewayO�v1
Only)
Only)
Only)
Under Minimum of 4 -Inch
Roads, Alleys, Driveways,24
24
Thick Concrete Exterior
and Parking Lots
Slab with No Vehicular
4 4 6 (Direct
6 (Direct
Traffic and the Stab 18
Burial)
Burial)
Extending Not Less than 6
4 (In
4 (In
Inches beyond the
Raceway)
Raceway)
Underground Installation
Adjacent Areas Where 18
Table 300-5. (Continued)
Under Streets, Highways,
Roads, Alleys, Driveways,24
24
24 24 24
and Parking Lots
One- and Two -Family
Dwelling Driveways and
Outdoor Parking Areas,
and Used Only for18
24 18
12 18
Dwelling- Related Purposes
In or under Airport
Runways, Including
Adjacent Areas Where 18
18 lg 18
Trespassing Prohibited 18
2 2
In Solid Rock Where 2 2
2 In
(Raceway
Covered by Minimum of (In
Raceway
2 Inches Concrete RacewayO�v1
Only)
Extending Down to Rock .Only)
Note I. For SI units: one inch . 25.4 millimeters
Note 2. Raceways approved for burial only where concrete encased shall require eoamte envelope mut less than inches thick
for terminations or splices or where access isnot;
S, required
Note 3. Lesser depths shall be permitted where cables and conductors rise u ande sballoM er
Where one of the wiring method types listed in columns 1-3 is combined with one of the circuit type
Note 4.
depth of burial shall be permitted.
D
0
z
P
m
m
n
0
r
n
0
m