HomeMy WebLinkAboutORD 09(2013)CITY COUNCIL
ORDINANCE NO. 09 (2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AMENDING TITLE 15 OF THE DIAMOND BAR CITY CODE AND ADOPTING,
BY REFERENCE, THE 2013 CALIFORNIA BUILDING CODE, VOLUMES 1
AND 2, INCLUDING APPENDICES C, 1, AND J THERETO, CHAPTER 1
DIVISION II OF THE 2013 CALIFORNIA BUILDING CODE AS THE
ADMINISTRATIVE CODE, THE 2013 CALIFORNIA MECHANICAL CODE,
AND THE APPENDICES THERETO, THE 2013 CALIFORNIA PLUMBING
CODE, AND THE APPENDICES THERETO, THE 2013 CALIFORNIA
ELECTRICAL CODE, AND THE APPENDICES THERETO, THE 2013
CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDICES G, H, J, K,
AND O THERETO, AND THE 2013 CALIFORNIA GREEN BUILDING CODE,
WITHOUT THE APPENDICES THERETO, TOGETHER WITH CERTAIN
AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS.
A. RECITALS
(i) California Government Code Section 50022.1 of seq., authorizes the City of
__ ___ ------------- _Diamond- Bar _to_adoptby_refer_ence_the_201-3_California_Buil_ding_Code_;_th_ e_201-3_
California Administrative Code; the 2013 California Mechanical Code; the 2013
California Plumbing Code; the 2013 California Electrical Code; the 2013
California Residential Code; and the 2013 Green Building Code as set forth in
the California Code of Regulations,' Title 24, parts 2, 2.5, 3, 4, 5, and 11.
(ii) Pursuant to the California Health and Safety Code Sections 17922, 17958,
17958.5 and 17958.7, the City may make modifications to the Title 24 building
standards and requirements that it deems reasonably necessary to protect the
health, welfare and safety of the citizens of Diamond Bar because of local
climatic, geological, or topographical conditions.
(iii) 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 in
accordance with the provisions of California Government Code
Section 50022.6.
(iv) The City held a public hearing on October 15, 2013, at which time all interested
persons had the opportunity to appear and be heard on the matter of adopting
the codes and standards identified in this Ordinance as amended herein.
(v) Pursuant to California Government Code Section 6066, the City published
notice of the aforementioned public hearing on October 4, 2014.
(vi) Any and all legal prerequisites relating 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: Findings in Support of Modifications to Title 24 Building Standards.
This Council does expressly find and determine that the modifications to the Title 24
building standards set forth herein are reasonably necessary to protect the health, welfare
and safety of the citizens of Diamond Bar because of the following local climatic, geological
or topographic conditions.
(1) The hillsides in Diamond Bar are composed of Puente Formation, and similar weak
geological materials, while neighboring flatland areas are composed of more stable
fill and alluvial materials. These materials may be naturally unstable or weak in
terms of physical support. These highly expansive soil conditions are vulnerable to
earth movement as well as unpredictable seismic response of buildings. The
unpredictable response from prior seismic events including Chino Hills, Northridge,
and the Whittier earthquakes have demonstrated the need for greater quality
control to ensure against poor seismic performance of multi -story structures.
(2) The City experiences diverse temperatures, which promotes expansion and
contraction of the soil. This condition is very damaging to expansive type soil.
(3) Because of the above-described climatic and geological conditions, the City of
Diamond Bar requires special engineering to support habitable structures within the
unstable soil areas and requires additional measures to be taken in connection with
excavation and grading activities.
(4) The City is located in a seismically active area and is in close proximity to various
active faults including the Chino, Sierra Madre, Cucamonga, Whittier, San Jacinto
and Raymond Faults it is reasonably foreseeable that an earthquake would render
the City particularly vulnerable to devastation.
(5) The City has extensive hillside topography, unstable geology, watershed areas,
expansive soils, and underground streams. In addition, the regional climate
alternates between extended periods of drought and brief periods of rainfall. For
these reasons, the City is susceptible to flood conditions.
(6) Because of the above-described geological conditions within the City, and the
substantial amount of freeway, railroad, and flood control facilities throughout the
community, the City, in the event of an earthquake, may be unable to dispatch an
adequate number of fire personnel and apparatus to suppress fires and conduct
rescue operations. Moreover, the conditions within Diamond Bar likewise occur in
surrounding communities, hereby rendering mutual aid assistance problematic, at
best.
(7) Due to the City's topography, numerous hillside fire hazard areas are located within
its boundaries.
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(8) Climatic conditions within the community render it extremely likely that, in the event
of seasonal high winds and earthquake occurring, the County Fire Department
would be unable to suppress numerous fires occurring throughout the community.
(9) Located throughout the City, as well as in the surrounding communities, are
numerous concentrations of structures which have roofs constructed of thinly cut
pieces of wood, otherwise known as untreated shakes, as well as untreated wood
shingles. These untreated wood shakes and shingles are extremely combustible in
nature.
(10) The City is located in an area climatically classified as "arid" and prone to winds of
high velocity. Moreover, due to the and nature of the area, the weather during the
windy periods tends to be very warm and dry. The dry weather conditions present a
significant threat of wild fire to the City's undeveloped hillsides, wild lands, and
nearby homes and highly populated areas. The potential for rapid spread of even
small fires .create a need for increased levels of fire protection.
(11) Sound transmission controls are necessary to protect City residents from excessive
noise generated by multiple nearby freeway interchanges and large arterial streets,
among other sources.
(12) Local climate makes pool ownership desirable. Children often reside in close
proximity to swimming pools, making pool barriers necessary. This need is
increased due to potential delays in emergency rescue response resulting from the
location of hillside residences and traffic congestion.
The Council does hereby further expressly find and determine that the amendments to
the Title 24 building standards, set forth herein, and as referenced below, are appropriate
given the specific local climatic, geological or topographic conditions set forth above.
CBC Sections 1505.1. and 1505.1.1 — Findings 7,8,9, 10.
CBC Sections 1612.1.1 — Finding 5.
CBC Sections 1801.3, 1803.1, 1803.8, 1803.8.1, 1809.4 and Appendix J —
Findings 1, 2, 3, 4, and 5.
CRC Sections R301.1.3.2, R313.1, R313.2, R327.1.3, R327.1.3, R327.2,
R402.1,3 — Findings 6, 7, 8, 9, and 10.
CRC Section R332 — Finding 1.
CRC Section R334 — Finding 11.
CBC Section 3109.4.1 and CRC R333 — Finding 12.
CPC Section 722.6 — Finding 3.
SECTION 2: Title 15 (Building and Construction Safety), Chapter 15.00, Division 2. —
Chapter 1 Administration Code is hereby deleted in its entirety and replaced to read as
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follows:
DIVISION 2. - ADMINISTRATION CODE
Sec. 15.00.110. California Administration Code — Adopted.
Sec. 15.00.120. Amendments to the California Administration Code.
Sec. 15.00.130. Penalties for violation of division.
Secs. 15.00.140. — 15.00300. Reserved.
Sec. 15.00.110. California Administration Code —Adopted.
Except as amended by Section 15.00.120, the California Administration Code, Chapter
1, Division 11 of the 2013 California Building Code, is hereby adopted and incorporated
herein by reference as though fully set forth in this Division and shall constitute the
Administration Code of the City.
Sec. 15.00.120. Amendments to the California Administration Code.
(1) Section 104.6 of the California Administration Code is amended to read as follows:
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 helshe
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.
(2) Section 105.1 of the California Administration Code is amended to read as follows:
105.1 Permits required. Except as specified in Section 105.2 , no building or
structure regulated by this Code shall be used, erected, constructed, enlarged,
altered, repaired, moved, improved, removed, occupied, maintained, 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.
(3) Section 105.2 of the California Administration Code is amended to restate
exemptions 1, 4, and 9 as follows:
105.2 Work exempt from permit.
One story detached accessory structures used as tool and storage
sheds, playhouses and similar uses, provided (a) the floor area is not
greater than 120 square feet (11 m2); (b) the structure does not exceed 8
feet (2.44 m) in height; (c) the structure has no plumbing or electrical
installations or fixtures; and (d) the structure is separated from any other
accessory structures by a minimum distance of 6 feet (1.83 m)
4. Retaining walls that are not over 3 feet (914 mm) in height measured
from the bottom of footing to the top of the wall, unless supporting a
surcharge or impounding flammable liquids.
9. Prefabricated swimming pools, spas, or hot tubs accessory to Group R,
Division 3 Occupancy that are less than 24 inches deep (610 mm), are
not greater than 5,000 gallons (18 925 L) and are installed entirely above
ground.
105.3 Application for permit. 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.
(5) Section 105.3.2 of the California Administration Code is amended to read as
follows.-
105.3.2
ollows.
105.3.2 Expiration of plan review. Applications for which no permit is issued
within 180 days following the date of filing 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.
(6) Section 105.5 of the California Administration Code is amended to read as follows:
105.5 Expiration. Except as set forth in Section 105.5.1, every permit issued
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shall expire by limitation and become null and void as follows:
(i) Every permit issued by the building official under the provisions of this
Code shall expire and become null and void unless the work authorized
by such permit is commenced within one -hundred -eighty (180) days after
permit issuance, and if a successful inspection has not been obtained
from the building official within one -hundred -eighty (180) days from the
date of permit issuance or the last successful inspection. A successful
inspection shall mean a documented passed inspection by the city
building inspector as outlined in Section 110.6. The building official may
extend the time for action by the applicant in writing for a period not
exceeding one -hundred -eighty (180) days beyond the latest expiration
limit upon written request by the applicant, filed with the building official
prior to expiration of the original permit,
(ii) In the event of permit expiration and before work for which such permit
was required can be commenced or recommenced, a new permit shall
first be obtained (hereafter, a "renewal permit"). The applicant must pay
all applicable renewal fees, in the amount then established by resolution
of the City Council. If a renewal permit is applied for, the building official
shall have the discretion to request a site inspection prior to its issuance
and a miscellaneous inspection fee shall be paid by the applicant prior to
inspection. The inspection fee shall be as specified by resolution of the
City Council. In addition, the applicant may be required to resubmit plans
and specifications, when deemed necessary by the building official to
verify compliance with the building codes, ordinances, regulations,
standards, and laws in effect at the time the renewal permit is applied for.
(iii) Upon issuance of a renewal permit, the building official may allow the
applicant to commence or recommence such work from the last
successful inspection of record under the original permit. When an
expired building permit includes expired sub -permits, activation of the
renewal permit shall activate all subsequent expired sub -permits. All
work to be performed under a renewal permit must be completed in
accordance with the building codes, ordinances, regulations, standards,
and laws in effect on the date of issuance of the renewal permit.
(iv) 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.
(7) Section 105.5.1 is added to the California Administration Code to read as follows:
105.5.1 Expiration of permit for Unlawful structure. Notwithstanding any
provision of Section 105.5, if a building permit was issued in order to bring an
u -permitted structure or other unlawful, substandard, or hazardous condition
into compliance with any applicable law, ordinance, rule or regulation, such
permit shall expire by limitation and become null and void 90 days after the date
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on which the permit was issued if all work has not been completed and final
inspection approved by the building inspector per Section 110.3. 10 prior to the
close of the 90 day period. The building official may extend the validity of the
permit for a period not exceeding 90 days beyond the initial 90 day limit upon
written request by the applicant filed with the building official prior to the
expiration date of the original permit. Where a project cannot reasonably be
completed within the timeframes listed in this Section, an applicant may request
in writing, prior to issuance of permit or prior to expiration of permit, building
official approval of a longer period not to exceed 360 days in total, inclusive of
all available extensions.
(8) Section 105.8 is added to the California Administration Code to read as follows:
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.
(9) Section 109.1 of the California Administration Code is amended to read as follows:
109.1 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.
(10) Section_ 109.4 of the California Administration Code is amended to read as
follows:
109.4 Work commencing before permit issuance. 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, 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.
(11) Section 109.6 of the California Administration Code is amended to read as
follows:
109.6 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
hundred eighty (180) days have elapsed from the date of the
permit. All requests for refund of fees paid shall be made
building official and shall be made in accordance with the
refund schedule established by resolution of the City Council.
event after one
issuance of the
in writing to the
procedures and
(12) Section 109.7 is added to the California Administration Code read as follows:
109.7 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.
(13) Section 190.3.4.1 is added to the California Administration Code to read as
follows:
110.3.4.1 Accessibility rough inspection. Accessibility rough inspections
shall be made at the same time with rough frame inspections outlined in Section
110.3.4. Framing shall be verified for accessible dimensions and site access
features shall be prepared, non -accessible features demolished, and
measurements verified for installation of curb ramps, slope of surfaces, future
concrete or asphalt installation, signage locations prepared, discrepancies
between plans and site conditions resolved, and any other accessible features
as determined by the building official.
(14) Section 113.1 of the California Administration Code is amended to read as
follows:
113.1 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.
(15) Section 113.3 of the California Administration Code is amended to read as
follows:
113.3 Board of Appeals. 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 113.1. 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
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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 permittees 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.
Sec. 15.00.130. Penalties for violation of division.
It shall be unlawful for any person, firm, partnership, or corporation to violate any
- - - -- - rovision, or to fail to--complywith -an of the requirements, of this Division. An
p- y-- y
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.
Secs, 15.00.140 —15.00.300. Reserved.
SECTION 3: Title 15 (Building and Construction Safety), Chapter 15.00, Division 3. Building
Code is hereby deleted in its entirety and replaced to read as follows:
DIVISION 3. - BUILDING CODE
Sec. 15.00.310. California Building Code —Adopted.
Sec. 15.00.320. Amendments to the California Building Code.
Sec. 15.00.330. Penalties for violation of division.
Sec. 15.00.310. California Building Code —Adopted.
Except as amended by Section 15.00.320, the 2013 California Building Code (Part 2 of
Title 24 of the California Code of Regulations), and Appendices C (Group U-
A
Agricultural Buildings), I (Patio Covers), and J (Grading) thereto, based on the 2012
International Building Code published by the International Code Council, is hereby
adopted and incorporated herein by reference as though fully set forth in this Division
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.
Sec. 15.00.320. Amendments to the California Building Code.
(1) Section 1505.1 of the California Building Code is amended to read as follows.-
1505.1
ollows:
1505.1 Roof covering requirements. The roof covering or roofing assembly
on any structure regulated by this Code shall as specified in Table 1505.1 and
as classified in Sections 1505.2 to 1505.8. Roofing shall be secured or
fastened to the supporting roof construction and shall provide weather
protection for the building at the roof.
(2) Section 1505.1.1 of the California Building Code is amended to read as follows:
1505.1.1 Roof coverings within high fire hazard severity zones. Unless
-governed by more stringent requirements of this Code, buildings within any
area designated as a Very -High Fire Hazard Zone shall have a fire -retardant
roof covering that is at least a Class A, as specified below:
(i) Section 1505.1.1 is applicable to the entire roof covering of new
buildings, to the entire roof covering of existing buildings where twenty-
five percent (25%) or more of the roof area is replaced within any one-
year period, and any roof covering applied in the alteration, repair or
replacement of the roof of every existing structure.
(ii) 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.
(3) Section 1505.1.3 of the California Building Code is amended to read as follows:
1505.1.3 Roof coverings within all other areas. The entire roof covering
of every existing structure where more than 25 percent of the total roof area is
replaced within any one-year period, the entire roof covering of every new
structure, and any roof covering applied in the alteration, repair or replacement
of the roof of every existing structure, shall be a fire -retardant roof covering that
is at least Class C.
(4) Section 1612.1.1 is added to the California Building Code to read as follows:
1612.1.1 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)
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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.
(5) Section 1801.3 is added to the California Building Code to read as follows.-
Section
ollows.
Section 1801.3 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 to 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.
(6) Section 1803.1 of the California Building Code is amended by the addition of a
second paragraph to read as follows:
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.
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(7) Section 1803.8 is added to the Califomia Building Code to read as follows:
1803.8 Geologic hazards.. No building or grading permit shall be issued
under the provisions of this Section 1803 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.
(8) Section 1803.8.1 is added to the California Building Code to read as follows:
1803.8.1 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.
(9) Section 1803.8.2 is added to the California Building Code to read as follows:
1803.8.2 Subject to the conditions of Section 1803.8, permits may be issued in
the following cases:
(i) 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.
(ii) 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.
(10) Section 1809.4 of the California Building Code is amended to read as follows:
1809.4 Foundations on expansive soil. Unless otherwise specified by a
registered geotechnical engineer, foundation systems within the City of
Diamond Bar are considered to be 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 Section 1805.6.2 or such
other engineering design based upon geotechnical recommendation as
approved by the Building Official. Where such an approved method of
construction is not provided, foundations and floor slabs shall comply with the
following requirements:
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(i) Depth of foundations below the natural and finish grades shall be not
less than 24 inches for exterior and 18 inches for interior foundations.
(ii) Exterior walls and interior bearing walls shall be supported on continuous
foundation.
(iii) 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.
(iv) 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.
(_v)--- The -sail- below -an interior concrete slab shall be -saturated --with moisture
to a depth of 18 inches prior to casting the concrete.
(11) Section 3109.4.1 of the California Building Code is amended to read as follows:
3109.4.1 Barrier Height and clearances. The top of the barrier shall be not
less than 60 inches (1624 mm)above grade measured on the side of the barrier
that faces away from the swimming pool. The vertical clearance between grade
and the bottom of the barrier shall be not greater than 2 inches (51 mm)
measured on the side of the barrier that faces away from the swimming pool.
Where the top of the pool structure is above grade, the barrier is authorized to
be at ground level or mounted on top of the pool structure, and the vertical
clearance between the top of the pool structure and the bottom of the barrier
shall be not greater than 4 inches (102 mm).
(12) Section J101.3 is, added to Appendix J of the Califomia Building Code to read
as follows.-
J101.3
ollows.
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.
(13) Section J101.4 is added to Appendix J of the California Building Code to read
13
as follows:
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.
(14) Section J101.5 is added ,to Appendix J of the Califomia Building Code to read
as follows. -
J10 1.5
ollows.J101.5 Correlation with other sections. The provisions of this chapter are
independent of the provisions of Division 9, Building and Property Rehabilitation
Code of Title 15 of the Diamond Bar City Code.
(15) Section J102.1 of Appendix J of the California Building Code is revised by
adding the following definitions:
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
except in Sections 106 and 112 of Appendix J respectively.
BUILDING CODE OFFICIAL. Whenever in Appendix J the term `Building Code
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 except in Sections 106 and.112 of Appendix J respectively.
CIVIL ENGINEER. A professional engineer registered in the State of California
to practice in the field of civil engineering works.
CIVIL ENGINEERING. 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.
14
LANDSCAPE ARCHITECT. A person holding a valid certificate of registration
as a landscape architect issued by the State of California.
SOILS ENGINEER (GEOTECHNICAL ENGINEER). 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.
(16) Section J103.1 of Appendix J of the California Building Code is amended to
read as follows:
J103.1 Permits required. Except as exempted in Section J103.2, 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 ofsuchcontiguous 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.
(17) Section J103.3 is added to Appendix J of the California Building Code to read
as follows.-
J103.3
ollows:
J103.3 Other permits required and jurisdiction of other agencies.
J103.3.1 Other permits required. Permits issued under the 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.
J103.32 Jurisdiction of other agencies. Permits issued under the
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.
(18) Section J103.4 is added to Appendix J of the California Building Code to read
as follows:
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
15
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",
(19) Section J104.5 is added to Appendix J of the California Building Code to read
as follows:
J104.5 Issuance. The provisions of Section 105.3 of Chapter 1, of the
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.
(20) Section J104.6 is .added to Appendix J of the California Building Code to read
as follows:
J104.6 Denial of permit.
J104.6.1 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 2013 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 116 of Chapter 1 of the 2013
California Building Code, as duly adopted and amended.
16
(21)
(22)
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.
104.6.2 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 J104.7 is added to Appendix J of the California Building Code to read
as follows:
J104.7 Import and export of earth materials in excess of 10,000 cubic
yards.
J104.7.1 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.
(i) The point of access to the public street shall be located as
approved by the City Engineer.
(ii) 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.
J104.7.2 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 J105.3 is added -to Appendix J of the California Building Code to read
as follows:
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.
17
(23) Section J109.5 is added to Appendix J of the California Building Code to read
as follows.-
J109.5
ollows:
J109.5 Overflow protection. Berms, swales or other devices shall be
provided at the top of cut or fill slopes steeper than five horizontal to one vertical
to prevent surface waters from overflowing onto and damaging the face of the
slope. Gutters or other special drainage controls shall be provided where the
proximity of runoff from buildings or other structures is such as to pose a
potential hazard to slope integrity.
(24) Section J110.3 is added to Appendix J of the California Building Code to read
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.
J110.3.1 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.
All protective measures shall be installed before grading is begun.
All erosion control measures shall comply with any adopted National
Pollutant Discharge Elimination System (NPDES) policies and standards
of the City.
J110.3.2 Where a grading permit is issued and grading work
commenced after April 15 and before October 15 of any year and the
plans for such work do not include details of the protective measures
described in J1 10.3a, 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 15 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 J1 10.3a.
J110.3.3 Effect of noncompliance. Should the owner fail to submit
detail plans or to provide the protective measures required by Sections
J110.3a and J110.3b 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
is
(25)
(26)
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 J190.4 is added to Appendix J of the California Building Code to read
as follows:
J110.4 Permanent erosion control.
J110.4.1 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.
J110.4.2 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 surficiai extent by grading
operations plans shall .be prepared and signed by a civil engineer or
landscape architect.
J110.4.3 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.
J110.4.4 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 Section J110.4.c, there shall be
evidence of an effective rodent control program.
Section J113 is added to Appendix J of the California Building Code to read as
follows:
J113 Completion of work.
19
J113.1 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.
(i) 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.
(ii) 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.
(iii) 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.
J113.2 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
Sec. 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
20
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: Title 15 (Building and Construction Safety), Chapter 15.00, Division 4.
Mechanical Code is hereby deleted in its entirety and replaced to read as follows;
DIVISION 4. -MECHANICAL CODE
Sec. 15.00.510. California Mechanical Code —Adopted.
Sec. 15.00.520. Amendments to the California Mechanical Code.
Sec. 15.00.530. Penalties for violation of division.
Sec. 15.00.510. California Mechanical Code —Adopted.
Except as amended by Section 15.00.520, the 2013 California Mechanical Code (Part
4 of Title 24 of the California Code of Regulations) and the appendices thereto, based
on the 2012 Uniform Mechanical Code published by the International Association of
Plumbing and Mechanical Officials, is hereby adopted and incorporated herein by
reference as though fully set forth in this Division 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.
Sec. 15.00.520. Amendments to the California Mechanical Code
(1) Section 101.4 is added to the California Mechanical Code to read as follows:
101.4 Conflicts with Administration Code. Where conflicts between Chapter
1, Division II of this Mechanical Code and the Administration Code occur, the
Administration Code shall prevail. The purpose of Chapter 1 Division ll of the
Mechanical Code is to supplement the Administration Code.
(2) Section 106.0 of the California Mechanical Code is amended to read as follows:
108.0 Board of Appeals. Refer to Administration Code Section 113.
(3) Section 114.0 of the California Mechanical Code is amended to read as follows.-
114.0
ollows.
114.0 Fees. Refer to Administration Code Section 109.
Sec. 15.00.530. Penalties for violation of division.
21
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 is hereby committed, continued or permitted by such person, firm,
partnership, or corporation, and shall be deemed punishable therefor as provided in
this Division.
SECTION 5: Title 15 (Building and Construction Safety), Chapter 15.00, Division 5.
Plumbing Code is hereby deleted in its entirety and replaced to read as follows:
DIVISION 5. -PLUMBING CODE
Sec. 15.00.710. California Plumbing Code —Adopted.
Sec. 15.00.720. Amendments to the California Plumbing Code.
Sec. 15.00.730. Penalties for violation of division.
Sec. 15.00.710. California Plumbing Code —Adopted.
Except as amended by Section 15.00.720, the 2013 California Plumbing Code (Part 5
of Title 24 of the California Code of Regulations) and the appendices thereto, based
on the 2012 Uniform Plumbing Code published by the International Association of
Plumbing and Mechanical Officials, is hereby adopted and incorporated herein by
reference as though fully set forth in this Division 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.
Sec. 15.00.720. Amendments to the California Plumbing Code.
(1) Section 101.4.1 is added to the California Plumbing Code to read as follows:
101.4.1 Conflicts with Administration Code. Where conflicts between
Chapter 1, Division Il of this Plumbing Code and the Administration Code occur,
the Administration Code will prevail. The purpose of Chapter 1, Division II of
the Plumbing Code is to supplement the Administration.
(2) Section 103.4 of the California Plumbing Code is amended to read as follows:
103.4 Fees. Refer to Administration Code Section 109.
(3) Section 722.6 is added to the California Plumbing Code to read as follows:
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
22
public safety.
Sec. 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 6: Title 15 (Building and Construction Safety), Chapter 15.00, Division 6.
Electrical Code is hereby deleted in its entirety and replaced to read as follows:
DIVISION 6. - ELECTRICAL CODE
Sec. 15.00.710. California Electrical Code — Adopted.
Sec. 15.00.720. Amendments to the California Electrical Code.
Sec. 15.00.730. Penalties for violation of division.
Secs. 15.00.140. — 15.00.300. Reserved.
Sec. 15.00.910. California Electrical Code —Adopted.
Except as amended by Section 15.00.920, the 2013 California Electrical Code (Part 3
of Title 24 of the California Code of Regulations), including the appendices thereto,
based on the 2011 National Electrical Code published by the National Fire Protection
Association, is hereby adopted and incorporated herein by reference as though fully
set forth in this Division 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.
Sec. 15.00.920. Amendments to the California Electrical Code.
(1) Section 89.101.7.4 is added to the California Electrical Code to read as follows:
89.101.7.4 Conflicts with Administration Code. Where conflicts between
Article 89 of this Electrical Code and the Administration Code occur, the
Administration Code shall prevail. The purpose of Article 89 of the Electrical
Code is to supplement the Administration Code.
(2) Section 89.108.4.2 of the California Electrical Code is amended to read as follows:
89.108.4.2 Fees. Refer to Administration Code Section 109.
23
(3) Section 89.108.8 of the California Electrical Code is amended to read as follows:
89.108.8 Appeals Board. Refer to Administration Code Section 113.
(4) Section 590.3(B) of the California Electrical Code is amended to read as follows:
590.3(B) 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.
Sec. 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 7: Title 15 (Building and Construction Safety), Chapter 15.00, Division 12.
Residential Code is hereby deleted in its entirety and replaced to read as follows
DIVISION 12. — RESIDENTIAL CODE
Sec. 15.00.3210. California Residential Code —Adopted.
Sec. 15.00.3220. Amendments to the California Residential Code.
Sec. 15.00.3230. Penalties for violation of division.
Sec. 15.00.3210. California Residential Code —Adopted.
Except as otherwise provided by this Title, Sections 102 to 116 of the Administration
Code, Section 1207 of Chapter 12, Chapter 34, and Appendix J of the 2013 California
Building Code (Part 2 of Title 24 of the .California Code of Regulations) are hereby
adopted and incorporated herein by reference as though fully set forth in this Division,
and shall be known as Sections 102 to 116 of Chapter 1, Section 1207 of Chapter 12,
Chapter 34, and Appendix J of the 2013 California Residential Code (Part 2.5 of Title
24 of the California Code of Regulations).
Except as amended by Section 15.00.3220, the 2013 California Residential Code (Part
2.5 of Title 24 of the California Code of Regulations), and Appendices G (Swimming
Pools, Spas and Hot Tubs), H (Patio Covers), J (Existing Buildings and Structures), K
(Sound Transmission), and O (Automatic Vehicular Gates) thereto, based on the 2012
International Building Code published by the International Code Council, is hereby
adopted and incorporated herein by reference as though fully set forth in this Division
24
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.
Sec. 15.00.3220. Amendments to the California Residential Code.
(1) Section R301.1.3.2 of the California Residential Code is amended to read as
follows:
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 D0, D1, or D2.
(2) Sections R313.1 and R313.2 of the California Residential Code are revised by
amending the exception to these two Sections to read as follows:
Exception: An automatic residential fire sprinkler system shall not be required
for additions or alterations to existing buildings that are not already provided
with an automatic residential fire sprinkler system unless the addition or
alteration affects more than 90% of an existing structure located within a Very
High Fire Hazard Severity Zone. In that instance, modifications to more than
90% of the existing structure shall be considered a new structure and shall
require the installation of an automatic residential fire sprinkler system and meet
Fire Zone requirements.
(3) Section R327.1.3 of the California Residential Code is amended to restate
exemption 4 as follows.-
4.
ollows.
4. Additions to and remodels of buildings originally constructed prior to the
applicable application date that do not affect more than 90% of the
existing structure. Modifications to more than 90% of the existing
structure shall be considered a new structure.
(4) Section R327.2 of the California Residential Code is revised by adding a third
paragraph to the definition of "FIRE HAZARD SEVERITY ZONES" to read as
follows:
The City Council hereby designates Very High Fire Hazard Severity Zones as
recommended by the Director of the California Department of Forestry and Fire
Protection (Cal Fire) and as designated on a map titled Very High Fire, Hazard
Severity Zones in Local Responsibility Area (LRA) for` Diamond Bar by Cal Fire
- Fire and Resource Assessment Program (FRAP), dated February 2011 and -
25
retained on file at the office of the Building Official.
(5) Section R332 is added the California Residential Code to read as follows.-
R332
ollows.
R332 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.
(6) Section R333 is added to the California Residential Code to read as follows:
R333 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.
(7) Section R334 is added to the California Residential Code to read as follows:
R334 Sound Transmission Control. Criteria for sound transmission control
between dwelling units and outside noise shall be as provided in the California
Building Code. Refer to Section 1207 of the California Building Code for criteria
where sound transmission applies.
(8) Section R403.1.4.1 of the Califomia Residential Code is amended to read as
follows:
R403.1.4.1 Foundations on Expansive Soil. Unless otherwise specified by a
registered geotechnical engineer, foundation systems within the City of
Diamond Bar are.considered to be on expansive soil and shall be constructed in
a manner that will minimize damage to the structure from movement of the soil.
See Building Code Section 1809.4 for requirements.
(9) Section R602.10 of the California Residential Code is amended by the addition
of an exception to read as follows:
R602.10 Wall bracing.
EXCEPTION: Construction documents shall be designed in accordance with
engineered design by a California licensed architect or engineer per the
California Building Code for dwellings of wood frame construction more than
one story.
(10) Section R602.10.8, paragraph 1, of the California Residential Code is amended
to read as follows:
R602.10.8 Braced wall panel connections.
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.
(11) Section AG105.2(1) of Appendix G of the California Residential Code is
amended to read as follows:
AG105.2(1) Pool Barriers. Refer to Building Code Section 3109.4.1 for pool
barrier requirements.
Sec. 15.00.3230 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 requirementsshallbe 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: Title 15 (Building and Construction Safety), Chapter 15.00, Division 13. Green
Building Code is hereby deleted in its entirety and replaced to read as follows:
DIVISION 13. — GREEN BUILDING CODE
Sec. 15.00.3240. California Green Building Code --Adopted.
Sec. 15.00.3250. Reserved.
Sec. 15.00.3260. Penalties for violation of division.
Sec. 15.00.3240. California Green Building Code —Adopted.
Except as amended by Section 15.00.3250, the 2013 California Green Building Code
(Part 11 of Title 24 of the California Code of Regulations), without appendices, is
hereby adopted and incorporated herein by reference as though fully set forth in this
Division and shall constitute the Green 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
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ordinances contained in Chapter 22.26 of Title 22 shall remain effective and in full
force notwithstanding the adoption of the California Green Building Code.
Sec. 15.00.3250. Reserved.
Sec. 16.00.3260. 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: Title 15 (Building and Construction Safety), Chapter 15.00, Division 9.
Rehabilitation Code is hereby deleted in its entirety and replaced to read as follows:
DIVISION 9. —REHABILITATION CODE
Sec. 15.00.1510. Los Angeles County Building Code —Adopted.
Sec. 15.00.1520. Amendments to the Los Angeles County Building Code.
Sec. 15.00.1530. Penalties for violation of division.
Secs. 15.00.1540-15.00.1700. Reserved.
Sec. 15.00.1510. Los Angeles County Building Code —Adopted.
Except as amended by Section 15.00.1520, Chapters 98 (Unoccupied Buildings,
Structures, and Special Hazards) and 99 (Building and Property Rehabilitation) of Title
26 of the Los Angeles County Building Code, based on the Uniform Building Code, is
hereby adopted and incorporated herein by reference as the Rehabilitation Code of
the City.
Sec. 15.00.1520. Amendments to the Los Angeles County Building Code.
(1) Section 9902.1 of Chapter 99 of the Los Angeles County Building Code is
amended to read as follows:
BOARD, as used by this Chapter, the term "Board," "Building Rehabilitation
Appeals Board," or "Board of Supervisors" shall mean the City Council of the
City of Diamond Bar. All powers and duties to be exercised by the "Board,"
"Building Rehabilitation Appeals Board," or "Board of Supervisors" shall be
vested in the City Council of the City of Diamond Bar.
(2) Section 9902.8 is added to Chapter 99 of the Los Angeles County Building
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Code to read as follows:
COUNTY, as used by this Chapter, shall mean- the City of Diamond Bar. All
powers and duties to be exercised by the County shall be vested in the City of
Diamond Bar.
(3) Section 9905.16 is added to Chapter 99 of the Los Angeles County Building
Code to read as follows:
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:
(4) Section 9906 of Chapter 99 of the Los Angeles County Building Code is deleted
in its entirety.
(5) Section 9927 of Chapter 99 of the Los Angeles County Building Code is
amended to read as follows:
The costs involved in the demolition or ether work by the Building Official,
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.
Sec. 15.00.1530. 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 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.
Secs. 15.00.140 —15.00.300. Reserved'.
SECTION 9: Title 15 (Building and Construction Safety), Chapter 15.00, Division 7. Uniform
Housing Code is hereby deleted in its entirety and replaced to read as follows:
DIVISION 7. — HOUSING CODE
Sec. 15.00.1110. Uniform Housing Code—Adopted.
Sec. 15.00.1120. Amendments to the Uniform Housing Code.
Sec. 15.00.1130. Penalties for violation of division.
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Secs. 15.00.1140 — 15.00.1300. Reserved.
Sec. 15.00.1110. Uniform Housing Code —Adopted.
Except as amended by Section 15.00.110, the 1997 Uniform Housing Code, published
by the International Conference of Building Officials, is hereby adopted and
incorporated herein by reference as though fully set forth in this Division and shall
constitute the Housing Code of the City of Diamond Bar. A copy of such Code has
been deposited in the office of the City Clerk and shall be, at all times, maintained by
the City Clerk for use and examination by the public.
In the event of any conflict between the provisions of the 1997 Uniform Housing Code
and California Health and Safety Code section 17920.3, the Health and Safety Code
provisions shall control.
Sec. 15.00.1520. Amendments to the Uniform Housing Code.
(1) Chapters 1, 3, and 4 of the Uniform Housing Code are hereby deleted in their
entirety. All administrative, permitting, definitions, and related requirements of
said Chapters 1, 3, and 4 of the Uniform Housing Code shall be governed by
Division 2 of this Chapter.
Sec. 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 $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 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: Title 15 (Building and Construction Safety), Chapter 15.00, Division 8.
Uniform Swimming Pool, Spa and Hot Tub Code is hereby deleted in its entirety and replaced
to read as follows:
DIVISION 8. — RESERVED
Secs. 15.00.1310 —15.00.1330. Reserved.
Secs. 15.00.1310 —15.00.1330. Reserved.
SECTION 11: Any inconsistencies between the Building Code, Residential Code, Green
Building Code, Electrical Code, Mechanical Code, and Plumbing Code, as adopted by this
Ordinance, and the 2013 California Building Code, Residential Code, Green Building Code,
Electrical Code, Mechanical Code, and Plumbing Code, as set forth in Parts 2, 2.5, 11, 3, 4,
30
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 12: 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 13: 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 14: This ordinance shall be effective upon adoption and shall become operative
on the 1st day of January, 2014.
PASSED, ADOPTED AND APPROVED this 5th day of November, 2013.
C� a
Jack Tanaka, Mayor
I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City of
Diamond Bar held on the 15th day of october , 2013, and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held on the 5th day of
November 2013, by the following vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye,
MPT/Everett, M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ATTEST.
City Clerk
City of Diamond Bar
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