HomeMy WebLinkAboutORD 10(2016)CITY COUNCIL
ORDINANCE NO. 10(2016)
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 2016 CALIFORNIA BUILDING CODE, VOLUMES 1 AND
2, INCLUDING APPENDICES C, I, AND J THERETO, CHAPTER 1 DIVISION II
OF THE 2016 CALIFORNIA BUILDING CODE AS THE ADMINISTRATION
CODE, THE 2016 CALIFORNIA MECHANICAL CODE, AND THE APPENDICES
THERETO, THE 2016 CALIFORNIA PLUMBING CODE, AND THE
APPENDICES THERETO, THE 2016 CALIFORNIA ELECTRICAL CODE, AND
THE APPENDICES THERETO, THE 2016 CALIFORNIA RESIDENTIAL CODE,
INCLUDING APPENDICES H, J, K, AND O THERETO, AND THE 2016
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 et seq., authorizes the City of
Diamond Bar to adopt by reference the 2016 California Building Code; the 2016
California Mechanical Code; the 2016 California Plumbing Code; the 2016
California Electrical Code; the 2016 California Residential Code; and the 2016
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 introduced for first reading this Ordinance on November 1, 2016, 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 public hearing on October 21, 2016 and November 4, 2016 for the hearing
set forth in subsections (iv) above and (vi) below.
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(vi) The City held a public hearing on November 15, 2016, 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.
(vii) 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
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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.
(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.
(13) The City is in an area classified climatically as arid" and subject to seasonal high
temperatures that will affect electrical wiring not designed to be retained for an
extended period of time.
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, 1505.1.3 and 1505. 1.1 — Findings 7, 8, 9, and 10.
CBC Sections 1612.1.1 — Finding 5.
CBC Sections 1801.3, 1803.1, 1803.8, 1803.8.1, 1803.8.2, 1809.4 and Appendix
J — Findings 1, 2, 3, 4, and 5.
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CRC Sections R301.1.3.2, R313.1, R313.2, R337.1.3.1, R337.2 — Findings 6, 7,
8, 9, and 10.
CRC Section R332 — Finding 1.
CRC Section R331 — Finding 11.
CRC Section R602.10.8 — Finding 1, 2, 3, 4, and 5.
CBC Section 3109.4.1 and CRC R333 — Finding 12.
CPC Section 722.6 — Finding 3.
CEC Section 590.3 — Finding 13.
SECTION 2: Title 15 (Building and Construction Safety), Chapter 15.00, Division 2.
Administration Code is hereby deleted in its entirety and replaced to read as 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. — 15.00.300. Reserved.
Sec. 15.00.110. California Administration Code —Adopted.
Except as amended by Section 15.00.120, the California Administration Code, Chapter
1, Division II of the 2016 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 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
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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 mz); (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.
(4) Section 105.3 of the California Administration Code is amended to read as follows:
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 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
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
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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 un -
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 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.
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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 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.
(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 110.3.4.1 is added to the California Administration Code to read as
follows:
110.3.4.2 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.
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(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 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.
Sec. 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 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:
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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 2016 California Building Code (Part 2 of
Title 24 of the California Code of Regulations), and Appendices C (Group U- Agricultural
Buildings), I (Patio Covers), and J (Grading) thereto, based on the 2015 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 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
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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 1612.3 is added to the California Building Code to read as follows:
1612.3 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.
(5) Section 1801.3 is added to the California Building Code to read as follows:
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
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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.
(7) Section 1803.8 is added to the California 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 1808.6.2 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:
(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 soil 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 (1524 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 greaterthan 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). Residential swimming pools shall be completely enclosed by
a barrier complying with Sections 3109.4.1 through 3109.4.3.
IIM
(12) Section J101.3 is added to Appendix J of the California Building Code to read as
follows:
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 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 California Building Code to read as
follows:
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.
CIVIL ENGINEER. A professional engineer registered in the State of California
to practice in the field of civil engineering works and shall include the civil
engineer of record or project engineer.
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.
14
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. 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 and shall include the soils engineer of
record or the project soils engineer.
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 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.
(17) Section J103.3 is added to Appendix J of the California Building Code to read as
follows:
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
15
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
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:
16
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 116
of Chapter 1 of the 2016 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 2016
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.
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.
(21) 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.
17
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.
(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.
(23) Section J109.5 is added to Appendix J of the California Building Code to read as
follows:
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.
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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
theradin is being performed shall file or cause to be filed with the City
9 9 9
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
JI 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.
(25) Section J110.4 is added to Appendix J of the California Building Code to read as
follows:
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 surFicial extent by grading operations
plans shall be prepared and signed by a civil engineer or landscape
architect.
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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.
(26) Section J112 is added to Appendix J of the California Building Code to read as
follows:
J112 Completion of work.
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 engineered 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.
(iv) The rough grading shall be certified by the civil engineer and soils
engineer using the grading certification form produced by the City
20
of Diamond Bar. The final grading shall also be certified by the civil
engineer using the grading certification form produced by the City
of Diamond Bar. Grading certifications shall be valid for 6 months
from the date of original signature.
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
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 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:
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 2016 California Mechanical Code (Part
4 of Title 24 of the California Code of Regulations) and the appendices thereto, based
on the 2015 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.
21
Sec. 15.00.520. Amendments to the California Mechanical Code
(1) Section 101.6 is added to the California Mechanical Code to read as follows:
101.6 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 II of the
Mechanical Code is to supplement the Administration Code.
(2) Section 104.5 of the California Mechanical Code is amended to read as follows:
104.5 Fees. Refer to Administration Code Section 109.
(3) Section 107.0 of the California Mechanical Code is amended to read as follows:
107.0 Board of Appeals. Refer to Administration Code Section 113.
Sec. 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 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 2016 California Plumbing Code (Part 5
of Title 24 of the California Code of Regulations) and the appendices thereto, based on
the 2015 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.
22
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 II 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 Code.
(2) Section 104.5 of the California Plumbing Code is amended to read as follows:
104.5 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
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. 15.00.910. California Electrical Code — Adopted.
Sec. 15.00.920. Amendments to the California Electrical Code.
Sec. 15.00.930. Penalties for violation of division.
Secs. 15.00.940. — 15.00.990. Reserved.
Sec. 15.00.910. California Electrical Code —Adopted.
23
Except as amended by Section 15.00.920, the 2016 California Electrical Code (Part 3
of Title 24 of the California Code of Regulations), including the appendices thereto,
based on the 2014 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 Califomia Electrical Code is amended to read as follows:
89.108.4.2 Fees. Refer to Administration Code Section 109.
(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(8) of the California Electrical Code is amended to read as follows:
590.3(8) 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 34A, and Appendix J of the 2016 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 2016 California Residential Code (Part 2.5 of Title 24
of the California Code of Regulations).
Except as amended by Section 15.00.3220, the 2016 California Residential Code (Part
2.5 of Title 24 of the California Code of Regulations), and Appendices H (Patio Covers),
J (Existing Buildings and Structures), K (Sound Transmission), and O (Automatic
Vehicular Gates) thereto, based on the 2015 International Residential 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. 15.00.3220. 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
25
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 R337.1.3 of the California Residential Code is amended to restate
exemption 4 as follows:
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 R337.2 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
retained on file at the office of the Building Official.
(5) Section R331 is added to the California Residential Code to read as follows:
R331 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.
(6) Section R332 is added the California Residential Code to read as follows:
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.
(7) 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.
`zy
(8) Section R403.1.4.1 of the California 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.
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 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.
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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 2016 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
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. 15.00.3260. 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 9: 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.
IM
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 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 other 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
29
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 10: 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.
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.
9181
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 2016 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,
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 15t day of January, 2017.
PASSED, ADOPTED AND APPROVED this 15th day of November 2016.
'2��
Nancy ons, Ma r
31
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 1st day of November, 2016, and was finally passed at a regular
meeting of the City Council of the City of Diamond Bar held on the 15th day of
November 2016, by the following vote:
AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ATTEST:
Tommye ribbins, City Clerk
City of Diamond Bar
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