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HomeMy WebLinkAboutORD 09 (2002)ORDINANCE NO. 09 2002 AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CODE ADOPTING, BY REFERENCE, THE "UNIFORM ADMINISTRATIVE CODE," 1997 EDITION, THE "CALIFORNIA BUILDING CODE," 2001 EDITION, VOLUMES 1 AND 2, INCLUDING ALL APPENDICES THERETO, THE "CALIFORNIA MECHANICAL CODE," 2001 EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA PLUMBING CODE," 2001, EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA ELECTRICAL CODE," 2001 EDITION AND THE APPENDICES THERETO, "THE UNIFORM HOUSING CODE," 1997 EDITION AND THE APPENDICES THERETO AND THE "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE," 2000 EDITION, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS INCLUDING FEES AND PENALTIES. A. Recitals. (i) Section 17922 of the California Health & Safety Code mandates the adoption, by reference, of the uniform codes. (ii) 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 Diamond Bar have been 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. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordain as follows: Section 1: Ordinance No. 06 (1999), as heretofore adopted, hereby is repealed as of the operative date of this ordinance, provided, however, that said repeal shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the California codes as adopted therein by reference and amended by Ordinance No. 09 (2002) 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. Section 2: "Division 2 of Chapter 15.00 of the Diamond Bar City Code is amended to read, in words and figures, as follows: DIVISION 2. UNIFORM ADMINISTRATIVE CODE "Sections: "15.00.110 Uniform Administrative Code -Adopted 1115.00.120 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 301.2.12. - Deleted. 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 Section 310.2. - Added Section 310.2. - Added Section 310.2. - Added Section 311 - Added Section 312 - Added Tables Deleted - Fees Established 1115.00.130 Penalties - Added "15.00.110 Uniform Administrative Code -Adopted. "The Uniform Administrative Code", 1997 Edition, as published by the International Conference of Building Officials, 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 Amendments Notwithstanding the provisions of Section 15.00.110, the Uniform Administrative Code is amended as follows: Section 202.1 - Amended. "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 - Amended. "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 hislher 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/her authorized representative, shall not enter any building or premises without the consent of the owner or occupant thereof, unless he/she possesses a warrant authorizing entry and search of the premises. No person shall hinder or prevent the Building Official, or his/her 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/her 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 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 - Amended. "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 implementation 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 ten (10) days after the effective date 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 fled in accordance with the provisions of Section 204 of this Code. The City Clerk shall schedule a hearing 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 appealing the decision of the Building Official shall cause, at his own expense any tests 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 appealed decision, determination, 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. Section 301.1. - Amended. "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. - Amended. "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. - Deleted. " Section 301.2.1.2 of the Uniform Administrative Code hereby is deleted, in its entirety. Section 301.2.1.5. - Amended. "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 measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids. Section 301.2.1.11. - Amended. "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 - Amended. 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 the 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 - Amended "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 303.6 - Added. "Section 303 of the Uniform Administrative Code hereby is amended by the addition of a new subsection 303.6 to read, in words and figures, as follows: "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 - Amended. "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 Building 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 - Amended. "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 - Amended. "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 thereafter 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 - Amended. "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 - Amended. "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 - Added "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 structures (including 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. "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, slope wash and the potential for mudflows 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 -Added "Section 311 hereby is added to Chapter 3 of the Uniform Administrative Code 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, where in his opinion such reports are essential for the evaluation of the safety of the site. The engineering geology or geotechnical engineering 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 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 - Added "Section 312 hereby is added to Chapter 3 of the Uniform Administrative Code 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 Deleted - Fees Established. "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 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. Section 4: "Division 3 of Chapter 15.00 of the Diamond Bar City Code is amended to read, in words and figures, as follows: DIVISION 3. BUILDING CODE "Sections: "15.00.310 California Building Code - Adopted "15.00.320 Code Amendments Chapter 1 - Deleted. Section 1806.10 - Added. Section 1503 - Amended. Section 1504 - Amended. Table No. 15-A - Amended. Section 904.2.2.6 - Added. 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. "15.00.310 California Building Code -Adopted. "Except as hereinafter provided, the California Building Code, 2001 Edition (Part 2 of Title 24 of the California Code of Regulations), and the appendices thereto, which incorporates and amends the Uniform Building Code, 1997 Edition, 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 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. "15.00.320 Code Amendments Notwithstanding the provisions of Section 15.00.320, the California Building Code is amended as follows: Chapter 1 - Deleted. "Chapter 1 of the California Building Code hereby is deleted, in its entirety. All administrative, permitting and related requirements of said Chapter 1 of the California Building Code shall be governed by Division 2 of this Chapter. Section 1806.11 - Added. "Section 1806.11 of the California Building Code is hereby added to read, in words and figures, as follows: "Section 1806.11. 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 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 -Amended "Section 1503 of the California Building Code as heretofore adopted, hereby is amended to read, in words and figures, as follows: "Roof Covering Requirements. "Section 1503. The roof covering or roofing assembly on any structure regulated by this code shall as specified in Table 15-A and as classified in Section 1504. Noncombustible roof covering as defined in Section 1504.2 may be applied in accordance with the manufacturer's requirements in lieu of a fire -retardant roofing assembly. Roofing shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof. "Roof Coverings Within Fire Zones. "Unless governed by more stringent requirements of this law, roofs on all buildings within all areas 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. 111. 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. "EXCEPTION: 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. 113. 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." Section 1504 - Amended. "Section 1504 of the California Building Code, hereby is amended by the addition of subparagraph 1504.4 to read, in words and figures, as follows: --- "1504.4 EXCEPTION: Except as required within Section 1503 of the California 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 - Amended. "Table No. 15-A - Minimum Roof Classes of the California 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 904.2.2.6 - Added. "Section 904.2.2.6 of the California Building Code hereby is amended by the addition of a new subsection (6) to read, in words and figures, as follows: "Section 904.2.2.6. 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 making this determination the Building Official shall consult with the fire department. Section 3308 - Amended "Section 3308 of Chapter 33 (Appendix) of the California 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. "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 and holding a valid certificate of registration as a soil (geotechnical) engineer issued by the State of California. Section 3306 - Amended Section 3306.3 - Added "Section 3306 hereby is amended by adding subsections 3306.3, 3306.3a and 3306.3b of Chapter 33 (Appendix) of the California Building Code 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 - Amended "Section 3307 of Chapter 33 (Appendix) of the California 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 - Added "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 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 - Added "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 - Added "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 16 of the Diamond Bar City Code. Section 3309 - Amended Section 3309.1 - Amended "Section 3309.1 of Chapter 33 (Appendix) of the California 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 site 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 - Amended "Section 3309.2 of Chapter 33 (Appendix) of the California Building Code hereby is amended to read, in words and figures, as follows: "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 - Amended "Section 3309.3 of Chapter 33 (Appendix) of the California 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 - Amended "Section 3309.9 of Chapter 33 (Appendix) of the California 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 - Added "Section 3309.10 hereby is added to Section 3309 of Chapter 33 (Appendix) of the California 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. 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 -Added "Section 3309.11 hereby is added to Section 3309 of Chapter 33 (Appendix) of the California Building Code by addition of a new subsection 3309.11a and 3309.11 b 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. 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 road 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 3309.11.b Zoning Ordinance Compliance. No grading permit shall be 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 (Appendix) -Amended. "Section 3310 of Chapter 33 of the California 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 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 - Amended Section 3315.6 - Added "Section 3315 hereby is amended by adding subsection 3315.6 of Chapter 33 (Appendix) of the California Building Code to read, in words and figures, as follows: "Section 3315.6. Overflow Protection. Bergs, swells 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. Section 3316 - Amended Section 3316.3 - Added "Section 3316 hereby is amended by adding subsection 3316.3, and 3316.4 of Chapter 33 (Appendix) of the California Building Code 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 the city engineer has approved a plan for erosion control and silt retention. "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 desalting 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, where grading 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. 113316.3b. 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 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 to provide the protective measures required by sections 3316.3.a and 3316.3.b by the date 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 - Added "Section 3316.4 hereby is added to Section 3316 of Chapter 33 (Appendix) of the California 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.a. 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 installed 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 for approval of the city engineer. For all manufactured slopes more than 20 feet in height or natural slopes disturbed more than 20 feet in surficial 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 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 A -33-A and A -33-B (Appendix) - Deleted. "Tables No. A -33-A and A -33-B hereby are deleted from Chapter 33 of the California Building Code Appendix in their entirety." "15.00,330 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. Section 5: "Division 4 of Chapter 15-00 of the Diamond Bar City Code is amended to read, in words and figures, as follows: DIVISION 4. MECHANICAL CODE "Sections: "15.00.510 California Mechanical Code -Adopted. "15.00.520 Amendments 1115.00.530 Penalties -Added. "15.00.510 Mechanical Code -Adopted "Except as hereinafter provided, the 2001 Edition of California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations) and the Appendices thereto, which incorporates and amends the Uniform Mechanical Code, 2000 Edition, 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 the Mechanical 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. "15.00.520 Amendments Notwithstanding the provisions of Section 15.00.520, the California Mechanical Code is amended as follows: Chapter 1 - Deleted. "Chapter 1 of the California Mechanical Code hereby is deleted, in its entirety. All administrative, permitting and related requirements of said Chapter 1 of the California Mechanical Code shall be governed by Division 2 of this Chapter. "15.00.530 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. Section 6: "Division 5 of Chapter 15.00 of the Diamond Bar City Code is amended to read, in words and figures, as follows: DIVISION 5. PLUMBING CODE "Sections: "15.00.710 California Plumbing Code -Adopted "15.00.720 Amendments Section 10, 20 and 30 - Deleted. Section 320.0 - Added. Section 722.6 - Added. "15.00.730 Penalties -Added. "15.00.710 California Plumbing Code -Adopted. "Except as hereinafter provided, the 2001 Edition of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations) and the appendices thereto, which incorporates and amends the Uniform Plumbing Code, 2000 Edition, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Plumbing 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. "15.00.720 Amendments Notwithstanding the provisions of Section 15.00.720, the California Plumbing Code is amended as follows: Chapter 1 - Deleted Chapter 1 of the California Plumbing Code hereby is deleted, in its entirety. All administrative, permitting and related requirements of said Chapter 1 of the California Plumbing Code shall be governed by Division 2 of this Chapter. Section 320.0 - Added. "Section 320.0 of the California Plumbing Code hereby is added to read, in words, and figures, as follows: "Section 320.0 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 California 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 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. Section 7: "Division 6 of Chapter 15.00 of the Diamond Bar City Code is amended to read, in words and figures, as follows: DIVISION 6. ELECTRICAL CODE "Sections: "15.00.910 California Electrical Code - Adopted. "15.00.920 Amendments Articles 089 and 90 - Deleted. Section 110-14 -Amended. Section 336-3 - Amended. Section 336-4 - Amended. Table No. 300.5 - Amended. "15.00.930 Penalties -Added. "15.00.910 California Electrical Code -Adopted "Except as hereinafter provided, the 2001 Edition of the California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), including the appendices thereto, which incorporates the National Electrical Code, 2000 Edition, 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. "15.00.920 Amendments Notwithstanding the provisions of Section 15.00.920, the California Plumbing Code is amended as follows: "15.00.920 Articles 089 and 90 - Deleted. "Articles 089 and -90 of the California Electrical Code hereby are deleted, in their entirety. All administrative, permitting and related requirements of said Articles of the California Electrical Code shall be governed by Division 2 of this Chapter. Section 110-14 - Amended. "Section 110-14 of the California Electrical Code, 2001 Edition, allowing the use of aluminum conductors shall be amended to read that no aluminum 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 336-4 - Amended. "Section 336.4 of the California Electrical Code, 2001 Edition, is hereby amended to read, in words and figures as follows: "Section 336-4(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 air voids in masonry block or tile walls where such walls are not exposed or subject to excessive moisture or dampness. "Section 336-4(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 336-5(a) - Amended. "Section 336-5(a) of the California Electrical Code, 2001 Edition, is hereby amended to read, in words and figures as follows: "Section 336-5(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 wail 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. Section Table No. 300-5 - Amended. "Table No. 300-5 of said California Electrical Code, 2001 Edition is hereby amended to read, in words and figures, as follows: "15.00.930 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. Section 8: "Division 7 of Chapter 15.00 of the Diamond Bar City Code is amended to read, in words and figures, as follows: DIVISION 7. UNIFORM HOUSING CODE "Sections: "15.00.1110 Uniform Housing Code -Adopted "15.00.1120 Amendments Chapter 1 - Deleted "15.00.1130 Penalties - Added "15.00.1110 Uniform Housing Code -Adopted. "The "Uniform Housing Code", 1997 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 Amendments. Notwithstanding the provisions of Section 15.00.110, the Uniform Housing Code is amended as follows: Chapter 1 - Deleted. "Chapters 1 of the Uniform Housing Code hereby is deleted, in its entirety. All administrative, permitting and related requirements of said Chapters 1 of the Uniform Housing Code shall be governed by Division 2 of this Chapter. "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 (8) 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. Section 9: "Division 8 of Chapter 15.00 of the Diamond Bar City Code is amended to read, in words and figures, as follows: DIVISION 8. UNIFORM SWIMMING POOL, 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. Spa and Hot Tub Code - Adopted. "The "Uniform Swimming Pool, Spa and Hot Tub Code", 2000 Edition, published by the International Conference of Building Officials, 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 Amendments Notwithstanding the provisions of Section 15.00.1320, the California Plumbing Code is amended as follows: "15.00.1320 Part 1 - 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 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. Section 10. All inconsistencies between the Building Code, Electrical Code, Mechanical Code, and Plumbing Code, as adopted by this Ordinance, and the 2001 edition of the California Building Code, Electrical Code, Mechanical Code, and Plumbing Code, as set forth in Parts 2, 3, 4, and 5, respectively, of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7. Section 11. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Diamond Bar Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments. Section 12. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council of the City of Diamond Bar hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 13. This ordinance shall be effective upon adoption and shall become operative on this 17 day of sem 2002 PASSED, ADOPTED AND APPROVED this 17 day of sept 2002. Wen Chang, Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond B�rldo 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 3rdday of sept 2002, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 17ti-day of sept 2002, by the following vote: AYES: COUNCIL MEMBERS: Herrera, Huff, zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None City Crerk, City of Diamond Bar 1