HomeMy WebLinkAboutORD 5 (2010) UORDINANCE NO.5 (2010) U
AN URGENCY ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING
TITLE 15 OF THE DIAMOND BAR CODE ADOPTING, BY REFERENCE, THE
"CALIFORNIA BUILDING CODE", 2010 EDITION, VOLUMES 1 AND 2,
INCLUDING ALL APPENDICES C, I, AND J THERETO, CHAPTER 1
DIVISION II OF THE 20010 CALIFORNIA BUILDING CODE AS THE
ADMINISTRATIVE CODE, THE "CALIFORNIA MECHANICAL CODE", 2010
EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA
PLUMBING CODE", 2010 EDITION AND THE APPENDICES THERETO, THE
"CALIFORNIA ELECTRICAL CODE", 2010 EDITION AND THE
APPENDICES THERETO, THE "CALIFORNIA RESIDENTIAL CODE", 2010
EDITION, INCLUDING APPENDICES G, H, J, K, AND O THERETO, "THE
CALIFORNIA GREEN BUILDING CODE", 2010 EDITION WITHOUT THE
APPENDICIES THERETO, TOGETHER WITH CERTAIN AMENDMENTS,
ADDITIONS, DELETIONS AND EXCEPTIONS INCLUDING FEES AND
PENALTIES AND AMENDING THE DIAMOND BAR MUNICIPAL CODE AND
DECLARING THE URGENCY THEREOF
A. Recitals.
(i) Section 17922 of the California Health & Safety Code mandates the
adoption, by reference, of the International Code Council (ICC) 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:
Division 2 of Chapter15.00 of the Diamond Bar City Code is amended to read,
in words and figures, as follows:
DIVISION 2. Appendix Chapter 1 DIVISION II ADMINISTRATION CODE
"Sections:
15.00.110 Administration Code - Adopted
15.00.120 Amendments
Section 104.1 - Amended.
Section 105.1.1
- Amended.
Section 105.1.2
- Amended.
Section 105.2(4)
- Amended.
Section 105.2.(9)
- Amended.
Section 105.3
- Amended.
Section 105.3.2
- Amended.
Section 105.5
- Amended.
Section 105.8
- Added.
Section 108.3
- Amended.
Section 108.4
- Amended.
Section 108.6
- Amended.
Section 108.7
- Added.
Section 112
- Amended.
Section 117
- Added.
Section 118
- Added.
Section 119
- Added.
15.00.110 Administration Code - Adopted.
The Administration Code, Chapter 1 of the 2010 California Building Code,
hereby is adopted, in its entirety, except as hereinafter provided, as the Administration
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 Administration Code is
amended as follows:
Section 104.1 - Amended.
- Section 104.1 of the Administration Code hereby is amended to read, in words
and figures, as follows:
Section 104.1. General. The Building Official shall enforce the provisions of this
Chapter and shall have the responsibility for making interpretations of the California
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 104.6 - Amended.
Section 104.6. of the Administration Code hereby is amended to read, in words
and figures, as follows:
Section 104.6. Right of Entry. The Building Official, or his/her 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 105.1.- of the Administration Code hereby is amended to read, in words
and figures, as follows:
Section 105.1. Permits Required. Except as specified in Section 105.2 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 105.1.1 -Amended.
Section 105.1.1. of the Administration Code hereby is amended to read, in
words and figures, as follows:
Section 105.1.1. A building permit is required for detached accessory buildings
used as tool and storage sheds, playhouses, and similar uses= except when all the
following apply:
a. The building is accessory to a dwelling unit.
b. The building neither exceeds 120 square feet in roof area nor exceeds 8'
feet in overall height -as defined in Chapter 2 in the California Building
Code.
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 105.1.2 - Amended.
Section 105.1.2 of the Administration Code hereby is amended to read, in
words and figures, as follows:
Section 105.1.2. Bodies of water over 18" in depth require a permit and are
required to institute the pool barriers as outlined in California Building Code
-- Section 3109.4.
Section 105.2(4). - Amended.
Section 105.2(4). of the Administration Code hereby is amended to read, in
words and figures, as follows:
Section 105.2(4). 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 105.2.(9). -Amended.
Section 105.2.9. of the Administration Code hereby is amended to read in
words and figures, as follows:
Section 105.2.9. 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 105.3 - Amended.
Section 105.3 of the Administration Code hereby is amended to read, in words
and figures, as follows:
Section 105.3 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 to 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 105.3.2 - Amended.
Section 105.3.2 of the Administration Code hereby is amended to read, in
words and figures, as follows:
Section 105.3.2 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 105.5 - Amended
Section 105.5 of the Administration 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 105.8 - Added.
Section 105 of the Administration Code hereby is amended by the addition of a
new subsection 105.8 to read, in words and figures, as follows:
Section 105.8 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 108.3 - Amended.
Section 108.3 of the Administration Code hereby is amended to read, in word
and figures, as follows:
Section 108.3 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.
Section 108.4 - Amended.
Section 108.4 of the Administration Code hereby is amended to read, in words
and figures, as follows:
Section 108.4 Failure to obtain a permit and to pay fees therefore 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 108.6 - Amended.
Section 108.6 of the Administration Code hereby is amended to read, in words
and figures, as follows:
108.6 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 108.7 - Added
"Section 108.7.is added to the Administration Code to read, in words and
figures, as follows:
Section 108.7 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 112 -Amended.
Section 112 of the Administration Code hereby is amended to read, in words
and figures, as follows:
Section 112.1. 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 112.2. 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 112
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 than 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.
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 117
Section 117 hereby is added to Chapter 1 of the Adminstration Code to read in
words and figures, as follows:
Section 117. Prohibited Uses of Building Sites.
117.1 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.
117.2 Geologic Hazards.
117.2.1. 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.
117.2.2. 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 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.
117.2.3. Subject to the conditions of subsection 117.2.1 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 118 - Added
Section 118 hereby is added to Chapter 1 of the Administration Code to read in
words and figures, as follows:
Section 118. Geology and Engineering Reports. The City Engineer in the
case of an application for a grading permit or if the Building Official determines
necessary, 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 City Engineer and/or Building Official. 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
and/or Building Official who may rely on the opinion of independent geotechnical
reviewers.
Section 119 - Added
Section 119 hereby is added to Chapter 1 of the Administration Code to read in
words and figures, as follows:
Section 119 - Seismic Hazard Zone 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.
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 2:
Division 3 of Chapter15.00 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
- Amended.
Section 1805.10
- Amended.
Section 1505.1 .1
- Amended.
Section 3109.4.4
- Amended.
Section J101
- Added.
Section J 101.3
- Added.
Section J101.4
-Added.
Section J101.5
- Added.
Section J 102
- Amended.
Section J103
- Amended.
Section J103.3
- Added.
Section J103.4
- Added.
Section J104
- Amended.
Section J104.5
- Added.
- Section J104.6
- Added.
Section J104.7
- Added.
Section J105.1
- Amended.
Section J105.3
- Added.
Section J109
- Amended.
Section J109.5
- Added.
Section J110.3 - Added.
Section J110.4 - Added.
Section J112 - Added.
15.00.310 California Building Code - Adopted.
Except as hereinafter provided, the California Building Code, 2010 Edition (Part
2 of Title 24 of the California Code of Regulations), and the appendices thereto, which
incorporates and amends the International Building Code, 2010 Edition, published by
the International Code Council, 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 15.00.310, the California Building
Code is amended as follows:
Section 1805.10 — Amended.
Section 1805.10 of the California Building Code -is hereby amended to read, in
words and figures, as follows:
Section 1805.10. Foundations on Expansive Soil. Unless otherwise specified
by a registered geotechnical engineer, foundation systems within the City of Diamond
Bar are considered on expansive soil and shall be constructed in a manner that will
minimize damage to the structure from movement of the soil. Slab -on -grade 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
than 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 top and bottom. Two bars shall be placed within
four inches of the bottom of the foundation and two 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 than three-eighths 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 1505.1.1 - Amended
Section 1505.1.1 of the California Building Code as heretofore adopted, hereby
is amended to read, in words and figures, as follows:
Roof Covering Requirements.
Section 1505.1.1. The roof covering or roofing assembly on any structure regulated by
this code shall as specified in Table 1505.1 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 a very high Fire Hazard 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 1505.1.1 is applicable to new buildings and to existing buildings
when twenty-five percent (25%) or more of the roof area is re -roofed within a one-year
period after issuance of a building permit.
"2. Section 1505.1.1 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.
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."
Section 1505.8 -Amended.
Section 1505.8 of the California Building Code, hereby is amended by the
addition of subparagraph 1505.8 to read, in words and figures, as follows:
1505.8 EXCEPTION: Except as required within Section 1505.1.1 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. 1505.1 - Amended.
Table No. 1505.1 - 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 - Non -rated roof coverings" and substituting therefor "C - Class C
roofing."
Section 3109.4.4 — Amended.
Section 3109.4.4 of the California Building Code is hereby amended to read, in
words and figures, as follows:
Section 3109.4.4 — Private Swimming Pools. Section 3109.4.4 is amended to
clarify_that pool barriers which are already in the Code are scoped so as to apply on all
private swimming pools as follows:
Amend 3109.4.4.1 by adding the following definition.
PRIVATE POOL, is any structure intended for swimming, recreation bathing or
wading, or other body of water that contains water over 18 inches deep. This includes in -
ground, above -ground and on ground pools; hot tubs; spas; ponds; and fixed in place pools."
3109.4.4.2 is modified by deleting the first paragraph in its entirety and a new
paragraph is substituted to read as follows:
3109.4.4.2 Construction permit; safety features required. Commencing,
January 1, 1998, except as provided in Section 3109.4.4.5, whenever a construction permit is
issued for construction of a new private pool at a residence, it shall have an enclosure
complying with 3109.4.4.3 and, it shall be equipped with at least one of the following safety
features:"
Section J101 -Amended
Section J101 of Appendix J of the 2010 California Building Code hereby is
amended by adding subsections J101.3, J101.4, and J101.5 to read in words and
figures, as follows:
Section J101.3 - Added
Section J101.3. Hazardous Conditions. Whenever the City Engineer
determines that any existing excavation, embankment or fill has become a hazard to
life and limb, or endangers property, 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 in conformance with the requirements of this Code.
Section J101.4- Added
Section J101.4. 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 J101.5 - Added
Section J101.5. 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 J102 - Amended
Section J102.1 Appendix J of the 2010 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 Appendix J 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.
"CIVIL ENGINEER" shall mean a professional engineer registered in the State of
California to practice in the field of civil engineering works.
"CIVIL ENGINEERING" shall mean the application of the knowledge of the forces of
nature, principles of mechanics and the properties of materials to the evaluation,
design and construction of civil engineering works.
"DESIGN ENGINEER" The Civil Engineer responsible for the preparation of the
grading plans for the site grading work.
"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.
"GEOTECHNICAL ENGINEER" See "Soils Engineer."
"GEOTECHNICAL HAZARD" An adverse condition due to landslide, settlement,
and/or slippage. These hazards include but are not limited to loose debris, slopewash,
and mud flows from natural or graded slopes.
"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 soils (geotechnical) engineer issued by
the State of California.
"SOILS ENGINEERING (GEOTECHNICAL ENGINEERING)." The application of the
principals of soils mechanics in the investigation, evaluation, and design of civil
engineering works involving the use of earth materials and the inspection or testing of
construction thereof.
Section J103 - Amended
Section J103.1 of Appendix J of the 2010 California Building Code hereby is
amended to read in words and figures, as follows:
Section J103.1. Permits Required. Except as exempted in Section J103 of
Appendix J, 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 to the
proposed work. A grading permit does not include the construction of retaining walls
or other structures.
Section J103.3 -Added
Section J103 hereby is amended by adding subsections J103.3, J103.3a and
J103.3b of Appendix J of the 2010 California Building Code to read in words and
figures, as follows:
Section J103.3 Other Permits Required and Jurisdiction of Other
Agencies.
Section J103.3.a Other Permits Required. Permits issued under provisions of
Appendix J 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 J103.3.b Jurisdiction of Other Agencies. Permits issued under
provisions of Appendix J 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 J103.4 - Added
Section J103.4 of Appendix J of the 2010 California Building Code hereby is
added to read in words and figures, as follows:
Section J103.4. 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 50 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 J104 - Amended
Section J104 hereby is amended by adding subsection J104.5, J104.6,
J104.6a, J104.6b, J104.7, J104.7a, and J104.7b of Appendix J of the 2010 California
Building Code to read in words and figures, as follows:
Section J104.5 - Added
Section J104.5. Issuance. The provisions of Section 105.3 of Chapter 1, of
the 2010 California Building 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".
The City Engineer may require bonds in such form and amounts as may be deemed
necessary to ensure that the work, if not completed in accordance with the approved
plans and specifications, will be corrected to eliminate hazardous conditions.
In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with
the City Engineer in an amount equal to that which would be required in the surety
bond.
Section J104.6 - Added
Section J104.6 Denial of Permit.
Section J104.6a. 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
Section 117 of Chapter 1 of the 2010 California Building 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 117 of Chapter 1 of the 2010 California Building Code, as duly
adopted and amended.
EXCEPTION 2: This prohibition shall not apply when grading work in an existing
drainage course and 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 104.6.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 A 04.7 - Added
Section J104.7. Import and Export of Earth Materials in Excess of 10, 000
Cubic Yards.
Section J104.7.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 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 J104.7.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 of the Diamond Bar Municipal Code, entitled
"Development Code", unless the project is in conformance with Title 22.
Section J105 —Amended
Section J105.1 -Amended
Section J105 hereby is amended by adding subsection J105.1 to Appendix J of
the 2010 California Building Code to read in words and figures, as follows:
Section J105.1 General. Inspections shall be governed by Section 110,
Chapter 1, Division 11 of this Code.
Section J105.3 -Added
Section J105 hereby is amended by adding subsection J105.3 to Appendix J of
the 2010 California Building Code to read in words and figures, as follows:
Section J105.3 Transfer of Responsibility. If the civil engineer, the soils
engineer, or the engineering geologist of record is changed during grading, the work
shall be stopped until the replacement has agreed in writing to accept their
responsibility in the area of technical competence for approval upon completion of the
work. It shall be the duty of the permittee to notify the City Engineer in writing of such
change prior to the recommencement of such grading.
Section J109 — Amended
Section J109.5 - Added
Section J109 hereby is amended by adding subsection J109.5 of Appendix J of
the 2010 California Building Code to read in words and figures, as follows:
Section J109.5. Overflow Protection. Berms,
provided at the top of cut or fill slopes steeper than
prevent surface waters from overflowing onto and
Gutters or other special drainage controls shall be
runoff from buildings or other structures is such as tc
integrity.
Section J110 - Amended
Section J110.3 - Added
swales or other devices shall be
five horizontal to one vertical to
lamaging the face of the slope.
provided where the proximity of
pose a potential hazard to slope
Section J110 hereby is amended by adding subsections J110.3, J110.3a,
J 110.3b, J 110.3c J110.4, J 110.4a, J 110.4b, J 110.4c and J 110.4d of Appendix J of the
2010 California Building Code to read in words and figures, as follows:
J110.3. Temporary Erosion Control Precautions. Grading operations shall be
planned to avoid the rainy season, October 15 through April 15 of the following
calendar year. Grading permits shall only be issued when a plan for erosion control
and silt retention has been approved by the City Engineer.
J1 10.3.a. The City Engineer shall not issue a grading permit for any work to be
commenced between October 15 of any year and April 15 of the following calendar
year, unless detail plans for such work include the details of protective measures,
including desilting 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.
All erosion control measures shall comply with any adopted National Pollutant
Discharge Elimination System (NPDES) policies and standards of the City.
J110.3.b. 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 J110.3a, 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 J1 10.3a.
J1 10.3.c. Effect of Noncompliance. Should the owner fail to submit detail plans
or to provide the protective measures required by Sections J1 10.3a and J1 10.3b 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 J110.4 -Added
Section J110.4 Permanent Erosion Control.
Section J110.4a. 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 J1 10.4b. Planting and Irrigation Plans and Specifications. For grading
which includes cut slopes more than 5 feet in height; or fill slopes supporting structures
of 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 and/or the Community Development
Director. 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 J110.4.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 J110.4.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 J110.4.c, there shall be evidence of an effective rodent control program.
Section J112 - Added
Section J112 hereby is added to Appendix J of the 2010 California Building
Code to read in words and figures, as follows:
Section J112 Completion of Work.
Section J112.1 Final Reports. Upon completion of the rough grading work and
at the final completion of the work, the following reports and drawings and
supplements thereto are required for engineering grading or when professional
inspection is performed for regular grading, as applicable.
1. An as -built grading plan prepared by the licensed civil engineer retained
to provide such services showing original ground surface elevations, as -graded ground
surface elevations, lot drainage patterns, and the locations and elevations of surface
drainage facilities and of the outlets of subsurface drains. As -constructed locations,
elevations and details of subsurface drains shall be shown as reported by the soils
engineer.
Civil engineers shall state that to the best of their knowledge work within their
area of responsibility was done in accordance with the final approved grading plan.
2. A report prepared by the licensed soils engineer retained to provide such
services including locations and elevations of field density tests, summaries of field
and laboratory tests, other substantiating data, and comments on any changes made
during grading and their effect on the recommendations made in the approved soils
engineering investigation report. Soils engineers shall submit a statement that, to the
best of their knowledge, the work within their area of responsibilities is in accordance
with the approved soils engineering report and applicable provisions of this Chapter.
3. A report prepared by the licensed engineering geologist retained to
provide such services including a final description of the geology of the site and any
new information disclosed during the grading and the effect of same on
recommendations incorporated in the approved grading plan. Engineering geologists
shall submit a statement that, to the best of their knowledge, the work within their area
of responsibility is in accordance with the approved engineering geologist report and
applicable provisions of this Chapter.
Section J112.2 Notification of Completion. The permittee shall notify the City
Engineer when the grading operation is ready for final inspection. Final approval shall
not be given until all work including installation of all drainage facilities and their
protective devices, and all erosion -control measures have been completed in
accordance with the final approved grading plan, and the required reports have been
submitted.
"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 3:
"Division 4 of Chapter15.00 of the Diamond Bar City Code is amdended to read, in
words and figures, as follows:
DIVISION 4. MECHANICAL CODE
Sections:
15.00.510 California Mechanical Code - Adopted.
15.00.520 Amendments
Section 103.2 — Amended.
Section 110 — Amended.
Section 115 — Amended.
15.00.510 Mechanical Code - Adopted.
Except as hereinafter provided, the 2010 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, 2009 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 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 15.00.512-0, the California Mechanical
Code is amended as follows:
Section 103.2 of the California Mechanical Code hereby is amended by the
addition to Section 103.2, in words and figures, as follows:
Section 103.2. Conflicts. Where conflicts between this Code and the
Administration Code listed in Chapter 1 Division II occur, the Administration Code of
Chapter 1 Division II will supercede. The purpose of Chapter 1 of the Mechanical
Code is to supplement the Administration Code of Chapter 1 Division II.
Section 110 — Amended.
Section 110 of the Mechanical Code relating to the Board of Appeals hereby is
amended to read, in words and figures, as follows:
Section 110 of the California Mechanical Code hereby is amended to refer to
Chapter 1 Division II of the Administration Code Section 112."
Section 115 of the Mechanical Code relating to Fees hereby is amended to
read, in words and figures, as follows:
Section 115 of the California Mechanical Code hereby is amended to refer to
Chapter 1 Division II of the Administration Code Section 108."
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 4:
Division 5 of Chapter15.00 of the Diamond Bar City Code is amdended 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 101.4.1.4 — Added.
Section 103.4 — Amended.
Section 321.0 — Added.
Section 722.6 — Added.
15.00.710 California Plumbing Code - Adopted.
Except as hereinafter provided, the 2010 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, 20010 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 15.00.710, the California Plumbing
Code is amended as follows:
Section 101.4.1.4 of the California Plumbing Code hereby is amended by the
addition to Section 101.4.1.4, in words and figures, as follows:
Section 101.4.1.4. Conflicts Between Codes. Where conflicts between this
Code and the Administration Code listed in Chapter 1 Division II occur, the
Administration Code of Chapter 1 Division II will supercede. The purpose of Chapter 1
of the Plumbing Code is to supplement the Administration Code of Chapter 1 Division
II.
Section 103.4 of the Plumbing Code relating to Fees hereby is amended to
read, in words and figures, as follows:
Section 103.4 of the California Plumbing Code hereby is amended to refer to
Chapter 1 Division 11 of the Administration Code Section 108."
Section 321,
Section 321.0 is hereby added to the California Plumbing Code to read, in
words, and figures, as follows:
Section 321.0 All new structures shall be equipped with an additional main for
future use of reclaimed water for landscape irrigation systems".
Section 722.
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".
15.00.730 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 5:
Division 6 of Chapter 15.00 of the Diamond Bar City Code is amdended to read, in
words and figures as follows:
DIVISION 6. ELECTRICAL CODE
Sections:
15.00.910 California Electrical Code —Adopted.
15.00.920 Amendments.
Section 89.101.7.3 — Amended.
Section 89.108.8 — Amended.
Section 89.108.4.2 —Amended.
Section 110.14 — Amended.
Section 334.10 (A&B) — Amended.
Section 334.12(A) —Amended.
Section 590.3 (B) — Amended.
Table No. 300.5 — Deleted.
15.00.910 California Electrical Code —Adopted.
Except as hereinafter provided, the 2010 Edition of the California Electrical
Code (Part 3 of Title 24 of the California Code of Regulations), including the
appendicies thereto, which incorporates the National Electrical Code, 2008 Edition,
published by the National Fire Protection Association, is hereby adopted by reference
with the same force and effect as through 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
Section 89.101.7.3
Section 89.101.7.3 of the California Electrical Code hereby is amended by the
addition to Section 89.101.7.3, in words and figures, as follows:
Section 103.2. Conflicts. Where conflicts between this Code and the
Administration Code listed in Chapter 1 Division II occur, the Administration Code of
Chapter 1 Division II will supercede. The purpose of Section 89 of the Electrical Code
is to supplement the Administration Code of Chapter 1 Division II.
Section 89.108
Section 89.108.8 of the Electrical Code relating to the Board of Appeals hereby
is amended to read, in words and figures, as follows:
Section 89.108.8 of the California Electrical Code hereby is amended to refer to
Chapter 1 Division II of the Administration Code Section 112."
Section 89.108.4.2
Section 89.108.4.2 of the Electrical Code relating to Fees hereby is amended to
read, in words and figures, as follows:
Section 89.108.4.2 of the California Electrical Code hereby is amended to refer
to Chapter 1 Division II of the Administration Code Section 108."
Section 110.14
Section 110.14 of the California Electrical Code, allowing the use of aluminum
conductors shall be amended to read that no aluminum conductor smaller than No.4
AWG shall be used. Whenever any aluminum is utilized as herein permitted, the
applicant shall be required to obtain, at the 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 334.10 (A & B)
Section 334.10 of the California Electrical Code, is hereby amended to read, in
words and figures as follows:
Section 334.10(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 334.10(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 shallow chase in masonry, concrete, or adobe
protected against nails or screws by a steel plate at lease 1/16 inch (1.59 mm) thick
and covered with plaster, adobe or similar finish.
Section 334.12(A)
Section 334.12(a) of the California Electrical Code, is hereby amended to read,
in words and figures as follows:
Section 334.12 (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 finish 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 590.3(B) — Amended.
Section 590.3-(B) of the California Electrical Code, is hereby amended to read:
30 days. Temporary electrical power and lighting installations shall be permitted for a period
not to exceed 30 days for holiday decorative lighting and similar purposes.
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 therefore as provided in
this Division.
Section 6:
Division 12 of Chapter 15.00 of the City of Diamond Bar City Code is added to
read, in words and figures, as follows:
DIVISION 12. RESIDENTIAL CODE
15.00.540 California Residential Code —Adopted.
Except as hereinafter provided, Sections 102 to 119 of the Administration Code
Chapter 1 Division Il, Section 1207 of Chapter 12, Chapters 34, and Appendix J of the
California Building Code, 2010 Edition (Part 2 of Title 24 of the California Code of
Regulations) are adopted by reference and incorporated into this Section 15.00.540 as
if fully set forth below, and shall be known as Sections 102 to 119 of Chapter 1,
Section 1207 of Chapter 12, Chapter 34, and Appendix J of the California Residential
Code, 2010 Edition (Part 2.5 of Title 24 of the California Code of Regulations).
Except as hereinafter provided, the California Residential Code, 2010 Edition
(Part 2.5 of Title 24 of the California Code of Regulations), and the appendices G, H,
J, K, & O thereto, which incorporates and amends the International Building Code,
2010 Edition, published by the International Code Council, 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.
"Division 7 of Chapter 15.00 of the Diamond Bar City Code is amended to read, in
words and figures as follows:
15.00.550 Amendments.
Notwithstanding the provisions of Section 15.00.540, the California Residential
Code is amended as follows:
Section R602.10.6.20)
Section R602.10.2(1) is hereby added to the California Residential Code to
read, in words, and figures, as follows:
Section R602.10.2(1). 1. Parallel rafters or roof trusses shall be attached
to the top plates of braced wall panels through solid blocking and framing anchors or
equal each bay. No gaps or voids from the roof sheathing through the entire
connection shall occur."
Table R602.10.1.2(2)
Section Table R602.10.1.2(2) is hereby added to the California Residential
Code to read, in words, and figures, as follows:
TABLE R602.10,1.2(2),.b.,
BRACING REQUIREMENTS BASED ON SEISMIC DESIGN CATEGORY
(AS A FUNCTION OF BRACED WALL LINE LENGTH)
SO IL L CLASS D'
WALL HEIGHT = 10 FT
io PISF FLOOR DEAD LOAD
15 PSF ROOF CEILING DEAD LOAD
BRACED WALL LINE SPACING s 25 FT
MINMVUM TOTAL
Method U3
LENGTH (toot) OF BRACED WALL PANELS
ALONG EACH BRACED WALL LIKE
ldolhods
DWB, SFR, G9,
PBS. PCP. HPS Method WSP
REOURED
Cotai
tllohulnugs
SQ'ISMIC Design
Catogory
{SDC) I
Story Location
Braced Wall
Line Length
SDG A and 8
and Detached Divelfinga in C
Exempt from Seismic Roquiromants
Use Table 116mia.1.2(1) for Bracing ReqWroments
to
2,5
2,5
1,15
IA
20 5,0 511 3,2
2.7
V. 75 7,5 4,8
4A
40 10,0 1010 6,4
5.4
50 12.5 115 8-0
6.8
SDC C
10
N'P
4,5
3,0
2.6
20 NP 910 610
511
30 NP 13,5 9.0
17
40 NP 18.0 110
10.2
50 NP 221.5 15,0
12.9
to
NP
6,0
4.5
-1.6
20 NP 12.0 9.0
7.7
3G lqp ISO 13,5
11.5
40 NP 24k Mo
15.3
5u NP 22.5
19.1
10
NP
io
1.7
ll) NP12 0 4,0
3.4
ilo NP 4,4- 18-0 6,0
5.1
40 NP f 2.@ 240 8.0
6.8
50 NP +;-,,g- 100 1110
8.5
SM D, c,r D,
10
NP
-6-19-- �FP
4.5
18
20 NP +27w T 910
7.7
30 NP +8-9- NLP 13.5
11.5
40 NP -_44, - TP 18,0
153
50 NP NLP 22.5
19.1
10
NP
ME
6,0
5.1
I NP !4,0 WP 12,1
11,2
If NP P _ �L
1 18,0
i
15.3
40 NP 44-0 -0 NLp 24.0
20A
10 NP -4--�' NLP 3110
25.5
icelffinued)
TABLE R602.10.1.2(2),,6.1,--contiiitmd
BRACING REAUIREMENTS BASED ON SEISMIC DESIGN CATEGORY
}:ar Sl: 1 fact = 3LI#.K mm. 1 pc+und lY:.r stu.rre fent = 47.59 }:t.
a
(AS A FUNCTION OF BRACED WALL LINE LENGTH)
SOIL CLASS D°
WALL HEIGW = 10 FT
10 P5F FLOOR DEAD LOAD
15 PSF ROOFfCEIUNG DEAD LOAD
BRACED WALL LINE SPACING r; 25 FT
Seismic Design
Category Braced Will
(SDC) Story Location Luce Length
LUNIMUM TOTAL LENGTH (feet) OF BRACED WALL PANELS REQUIRED —
ALONG i' -- BRACED WALL L114E
METHODS DWS,
SFB, GB, PBS. PCP. Cortti n nous
Mothod 1_16 HPS Method WSP Sheathing
LJ
to
NP
-#- 0-0
15
20 NP -S$ 16.0 5.0
4,3
30 NP -kms 24.0 7.5
h.A
40 NP +6 d- 32.0 10.0
8.5
50 NP -24-4- 40.0 12.5
10.6
AUC Li,l
�
I0
NP
Vii- NP
5.5
4,
20 NP +s,3- NP 11.0
L .A
30 NP ' NP 1C.5
140
40 NP �E ft NP 2?.0
18.i
50 NP NP 41.5
23.4
to
NP
NP
NP
NP
2t) ?tiP NF NP
NP
30 NP N P NP
NP
40 'tiP NP NP
NP
50 NP NP NP
NP
Wall htacinglengtl%aebaw-d on ziwiIsac cluas'-L7:'Intcrpalnuonof tn.r.in••I•n••tit6-:`;:..'rr .,...i.sir,lwith flit uianticdesicnc-awgvri'"hall bc
petutitted when a ito .Tcci6c S�vatue is deterntiined in acan-dant: wit::'.. -.t:.,;, 1 .; .l tl.:' . it.,
K Foundation cripptc wall panels shall be bracer) in .ccordancc with Scctian R60?.10.9.
e 6lrttu.�tlw rs[ 13u:tci» . sh.tll t-� n4 deu ribeii in Sc�•hone 12rt12.1 E7.?, 1ZtiD' I l3A noel RhG? 1f,1.5,
d. Methods GB and PCP braced wall panel h!w ratio shall not exceed 1.1 in SDC DO. DT or D2. Methods DVVB. SFB PBS, and HPS are not ne ed
in SDC D0. D1. or D2
Section R301.1.3.2
Section R301.1.3.2 of the California Residential Code, is hereby amended to
read:
Section R301.1.3.2. Woodframe structures. The building official shall require
construction documents to be approved and stamped by a California licensed architect
or engineer for all dwellings of woodframe construction more than two stories and
basement in height located in Seismic Design Category A, B or C. Notwithstanding
other sections, the law establishing these provisions is found in Business and
Professions Code sections 5537 and 6737.1.
The building official shall require construction documents to be approved and
stamped by a California licensed architect or engineer for all dwellings of wood frame
construction more than one story in height or with a basement located in Seismic
Design Category Do, D1, or D2.
Cnr4ine% 02470
Section R329 is hereby added to the California Residential Code to read, in --
words, and figures, as follows:
Section R329. Structural Tests and Inspections. Structural test and
- inspection requirements which are omitted from the California Residential Code are
intended to refer to the California Building Code.
When structural tests and special inspections are required due to the methods
of construction the tests and inspections shall be performed and documented as
required in Chapter 17 of the California Building Code."
Section R330
Section R330 is hereby added to the California Residential Code to read, in
words, and figures, as follows:
Section R330. Pool Barrier Requirements. Pool barrier criteria are not
explicitly located within the California Residential Code and are intended to refer to the
California Building Code.
Where any body of water over 18" occurs, refer to California Building Code
Section 3109 for pool barrier requirements."
Section R331
Section R331 is hereby added to the California Residential Code to read, in
words, and figures, as follows:
Section R331. Sound Transmission Control. The California Residential
Code does not provide criteria for sound transmission between dwelling units or
outside noise which are intended to refer to the California Building Code.
Refer to Section 1207 of the California Building Code for criteria where sound
transmission control applies."
15.00.560 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 therefore as provided in
this Division.
Section 7:
Division 13 of Chapter 15.00 of the City of Diamond Bar City Code is added to
read, in words and figures, as follows:
DIVISION 13. GREEN BUILDING CODE
15.00.570 California Green Building Code — Adopted.
Except as hereinafter provided, the California Green Building Code, 2010
Edition (Part 11 of Title 24 of the California Code of Regulations), without appendicies,
which incorporates and amends the International Building Code, 2010 Edition,
published by the International Code Council, 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.
Separate waste diversion ordinances outlined in Chapter 8.16 of Title 8 and
landscape ordinances contained in Chapter 22.26 of Title 22 are considered still
effective with the adoption of the California Green Building Code."
15.00.580
Notwithstanding the provisions of Section 15.00.570, the California Green
Building Code is amended as follows:
Section 101.3.1
Section 101.3.1 of the California Green Building Code is amended to add the
following applicability item:
Section 101.3.1 item 8 — Application of Requirements for Non -Low -Rise
Residential Projects.
8. Non -low-rise residential project buildings. Newly constructed buildings
other than those defined in chapter 2 of this Code as low-rise residential
buildings shall comply with all applicable requirements of Chapter 5. Non-
residential Mandatory Measures."
15.00.590 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 therefore as provided in
this Division.
Section 8
Division 8 of Chapter 15.00 of the City of Diamond Bar City Code is added to
read, in words and figures, as follows:
DIVISION 9 — REHABILITATION CODE
Sec. 15.00.1510. -Adopted.
Sec. 15.00.1520. - Amended.
Sec. 15.00.1530. —Amended.
Sec. 15.00.1510
The Building and Property Rehabilitation, Chapter 98 and 99 of Title 26 of the
County Building Code, 2008 Edition, 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.
Sec. 15.00.1520
Notwithstanding the provisions of Section 15.00.1510, the Los Angeles County
Code adopted by reference in that section is amended as follows:
Section 99021, Board defined, is amended to read, in words and figures, as
follows:
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 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 7, County engineer defined, is added to read in words and
figures, as follows:
County engineer defined. Whenever in this chapter 15.38 the term "county
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 8, County defined, is added to read in words and figures, as
follows:
County defined. Whenever in this chapter 15.38 the term "county" is used, said
term shall mean, and the powers and duties to be exercised by the county shall be
vested in, the City of Diamond Bar.
Section 9905 16 is added to read in words and figures, as follow: -
Garbage containers and receptacles stored in front or side yards visible from
public streets, except when placed in 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 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 in 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.
Section 15.00.1530. - Penalties.
It shall be unlawful for any person, firm, partnership, or corporation to violate
any provision, or to fail to comply with any of the requirements, of this division. Any
person, firm, partnership, or corporation violating any provision of this division or failing
to comply with the requirements shall be deemed guilty of a misdemeanor and upon
,conviction thereof shall be punished by a fine not exceeding $1,000.00 or by --
imprisonment not exceeding six 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 code 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:
Chapter 16.00 of the City of Diamond Bar City Code is amended to read, in
words and figures, as follows:
SECTION 16.00 FIRE CODE
Sec. 16.00.010. - Adopted.
Section 16.00.010. -Adopted.
Except as hereinafter provided, Title 32, Fire Code, of the Los Angeles County
Code, as amended and in effect on January 01, 2011, which constitutes an amended
version of the California Fire Code, 2010 Edition (Part 9 of Title 24 of the California
Code of Regulations), Chapters 1 through 49, Appendix B,_and C and excluding all
other appendices of the 2010 Edition of the California Fire Code with errata, and
adopting and incorporating herein by reference into Title 32 of the Los Angeles County
-- Code, the 20069 Edition of the International Fire Code, Chapters 1 through 47,
Chapters 9 through 32, Chapters 34 through 45, Chapter 47 and appendix B, C, & J, is
hereby adopted by reference and shall constitute and may be cited as the Fire Code of
the City of Diamond Bar.
In the event of any conflict between provisions of the California Fire Code, 2010
Edition, International Fire Code 2009 Edition, Title 32 of the Los Angeles County Fire
Code, or any amendment to the Fire Code contained in the City of Diamond Bar
Municipal Code, the provision contained in the later listed document shall control.
A copy of Title 32 of the Los Angeles County Fire Code, along with a copy of
the California Fire Code, 2010 Edition, and the International Fire Code 2009 Edition
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.
Sec. 16.00.030. - Amended.
Sec. 16.00.020. - Amendments
Notwithstanding the provisions of section 16.00.010, the Fire Code is amended
as follows:
Sec. 16.00.030. - Violations.
(a) Every person who violates, or who fails to comply with any of the requirements
of, any provision of the fire code, this chapter or chapter 16.04, or any provision
of any permit or license granted hereunder, or any rule, regulation or policy
promulgated pursuant hereto, is guilty of a misdemeanor and shall be
punishable as provided in section 1.04.010 of the Municipal Code, unless such
violation is otherwise declared to be an infraction by section 16.00.050 of this
chapter. Each such violation is a separate offense for each and every day
during any portion of which such violation is committed.
(b) Every violation determined to be an infraction hereunder is punishable in such
manner and to such extent as is provided by section 1.04.020 of the Municipal
Code.
(c) For the purposes of this section a forfeiture of bail shall be equivalent to a
conviction.
Sec. 16.00.040. - Responsibility.
_ Any person who personally or through another willfully, negligently, or in
violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by
such person to escape from his or her control, allows any hazardous material to be
handled, stored or transported in a manner not in accordance with nationally
recognized standards, allows any hazardous material to escape from his or her
control, neglects to properly comply with any written notice of the chief, or willfully or
negligently allows the continuation of a violation of the fire code and amendments
thereto is liable for the expense of fighting the fire or for the expenses incurred during
a hazardous materials incident, and such expense shall be a charge against that
person. Such charge shall constitute a debt of such person and is collectible by the
public agency incurring such expenses in the same manner as in the case of an -
obligation under a contract, expressed or implied.
Sec. 16.00.050. - List of infractions.
In accordance with section 16.00.030 of this chapter, the violation of the
following sections or subsections of the fire code shall be infractions:
Section
901.4.4
Premises identification
902.2.4
Obstructing and control of fire apparatus access
1001.5.1
Maintenance of fire -protection systems and equipment
1001.5.3
Systems out of service
1001.6.2
Fire hydrant and fire appliances
1002
Portable fire extinguishers
1102.3
Open burning
1103
Combustible materials
1105
Asphalt kettles
1109.4
Smoking
1109.5
Burning objects
1109.6
Hot ashes and spontaneous ignition sources
1115.3
Fire prevention regulations
1115.5
Portable fire protection equipment
1115.7
Maintenance of access
1117.2
Structures
1118.17
Fire roads and firebreaks
1207.3
Locking devices
1207.6
Door identification
1210.3
Storage under stairways
1212.4
Illumination
2401.9
Smoking
2901.6.2
Lubricating oil
3004.3
Waste removal
3008.5
Combustible waste
3213
Means of egress illumination
3221.2
Vegetation removal
3221.3
Storage
3404
Fire apparatus access roads
3601.6
Fire protection
3601.7
Smoking
4501.4
Smoking
4501.5
Welding warning signs
4502.3.3
Filter disposal
4502.8.2
Fire extinguishers
4502.9
Operations and maintenance
4503.7.1
General
4503.8
Dip tank covers
4504.3.2
Signs
4504.4
Maintenance
4505.6.1
Dust accumulation
4506.6
Sources of ignition
4606.2
Smoking
4607
Housekeeping
5201.7
Sources of ignition
7401.5.1
General
7401.6
Security
7607
Smoking and open flames
7901.7.2
Maintenance and operating practices
7901.10
Sources of ignition
7902.5.3
Empty containers and portable tanks
7904.3.2.1
Storage tanks and sources of ignition
7904.4.7
Sources of ignition
7904.4.9
Fire protection
7904.6.4
Smoking
8001.8
Signs
8003.1.12
Clearance from combustibles
8004.1.8
Signs
8004.3.5
Clearance from combustibles
8208
Smoking and other sources of ignition
8209
Clearance to combustibles
8506
Extension cords and flexible cords
Section 10. All inconsistencies between the Building Code, Residential, Green,
Electrical Code, Mechanical Code, and Plumbing Code, as adopted by this Ordinance,
and the 20010 edition of the California Building Code, Electrical Code, Mechanical
Code, and Plumbing Code, as set forth in Parts 2, 2.5, 11,_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 1St day of January, 20011.
Section 14. Purpose and findings; Urgency. The State Health and Safety Code
17958 mandates adoption of Building Codes 180 days after the State adopts them.
The City is required to adopt any amendments within that time frame to have them in
full force and effect. The City Council believes that it is necessary to enact
regulations, consistent with State law, as amended above to protect life, safety, and
property of residents. In order to alleviate and address this threat, this Urgency
Ordinance is adopted to enact permanent regulations immediately so that there is no
gap between the State adoption and the formal adoption of these regulations by
second reading. Local conditions for topographical, geological, or climatic are outlined
in the separate Resolution 2010 -XX. This Urgency Ordinance is adopted pursuant to
California Government Code Section 36937 and shall take effect immediately upon
adoption by a four-fifths vote of the City Council.
Section 15, This Urgency Ordinance is not subject to the California Environmental
Quality Act ("CEQA"), as prescribed under Section 15361(b)(3) of the CEQA
Guidelines (no potential for causing a significant effect on the environment), therefore,
no further environmental review is required.
PASSED, APPROVED AND ADOPTED this 7th December 2010.
MAWR
I, Tommye Cribbins, the City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Urgency Ordinance was introduced and Passed, Approved and Adopted during
the City Council of the City of Diamond Bar, California, held on the7-th day of
December , 2010, by the following vote:
AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka,
MPT/Chang, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED:COUNCIL MEMBERS: None
ATTEST: — _
TOMME �.ribhins, City Clerk
City of Diamond Bar