HomeMy WebLinkAbout01g. Ordinance - 2010 Residential Code
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DOWNEY, CALIFORNIA, AMENDING ARTICLE VIII OF THE
DOWNEY MUNICIPAL CODE ADOPTING THE 2010 EDITION OF
THE CALIFORNIA RESIDENTIAL CODE AND ITS AMENDMENTS
AS THE DOWNEY RESIDENTIAL CODE.
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS
FOLLOWS:
WHEREAS
, the City Council of Downey is not required to make an express
finding for amendments necessary to carry out the application of the Building Standards
Code and/or that do not otherwise modify a Building Standard.
WHEREAS,
the City of Downey of Downey is unique in its geographical
conditions. With a population exceeding 113,715 in a city that is 12.7 square miles, the
high density of residents combined with earthquake considerations, the call load of Fire
Department resources, and wood shake roofs, fire sprinklers equate to life safety and
property conservation.
Section 1
: Article VIII of the Downey Municipal Code is hereby amended
effective January 1, 2011, by the effective date of the 2010 Edition of the California
Residential Code.
Section 2
: When this ordinance takes effect, it shall not change any of the
provisions of the previous codes and ordinances or affect any offense, acts done or
required to be done, penalties, forfeitures or punishments incurred, rights or liabilities
accrued or claims arising out of the provisions of the previous ordinances and
amendments. Any pending actions shall not be affected by the enactment of this
ordinance. Any previous discontinuance, abatement, modification or alteration of any
penalty accrued, or to accrue, and the rights or liabilities of any person shall not be
affected by the enactment of this ordinance.
Section 3
: If any portion or portions of this ordinance are held to be invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be considered
as separate and independent and the Council declares that the legality of the remaining
portions shall not change as a result of the court's findings.
Section 4
: Wherever there is reference to the California Residential Code, it
shall mean the International Residential Code, 2009 Edition, promulgated by the
International Code Council (ICC) as amended by the State of California Building
Standards Commission and shall be effective January 1, 2011.
Section 5
: Article VIII of the Downey Municipal Code is hereby amended as
follows:
Ordinance No.
Page 2
CHAPTER 13
DOWNEY RESIDENTIAL CODE
Section 8993:Uniform Code Adopted.
Those certain documents, one copy
each, are on file in the office of the Downey Building Official entitled "California
Residential Code”, published by the ICC, Workman Mill Road, Whittier, California, and
everything contained therein, including Appendix H is hereby adopted by reference, in
accordance with Section 50022.2 of the Government Code, as a part of this Chapter,
except that Section mentioned above to said California Residential Code 2010 Edition
are adopted as amended in this chapter.
Section 8994: Title.
This Chapter and said California Residential Code, 2010
Edition, as adopted by this Chapter, shall be known as the Fullerton Residential Code.
All references to "this Code" contained in the said California Residential Code, 2010
Edition, shall be deemed to refer to this Chapter. Each paragraph or section number
contained in the said California Residential Code, 2010 Edition, not amended by this
Chapter, shall be deemed to be a subdivision of this Chapter. For example, "Section
R102" of the said California Residential Code, 2010 Edition, shall be deemed to be
"Subdivision R102 of Section 13 of the Downey Municipal Code," and may be referred to
as, "Section R102 of the Downey Residential Code."
Section 8995: Amendments to Section R105.2
of Chapter 1, Division II of the
said 2010 California Residential Code are hereby amended to read as follows:
Section R105.2, Building item 1 - One story detached accessory buildings
used as tool and storage sheds, playhouses, and similar uses provided
that:
a. The building is accessory to a dwelling unit;
2
b. The building neither exceeds 120 square feet (11 m) in
floor area nor exceeds 7 feet (2134 mm) in overall height;
c. The building has no plumbing or electrical installations or
fixtures; and,
d. The building is separated from any similar accessory
structures by a minimum of 10 feet (3048 mm).
Section R105.2, Building item 2 - Fences not over eighteen inches (457
mm) high measured from original natural grade.
Section R105.2, Building item 3 - Water tanks supported directly on grade
if the capacity does not exceed 5,000 gallons (18,925 L) and the ration of
height to diameter or width does not exceed 2:1.
Section R105.2, Building item 4 - Painting, papering, tiling, carpeting,
cabinets, counter tops and similar finish work.
Section R105.2, Building item 5 - Temporary (less than 90 days in
duration) motion picture television and theater stage sets and scenery.
Ordinance No.
Page 3
Section R105.2, Building item 6 - Prefabricated swimming pools
accessory to a Group R-3 occupancy that are less than 24 inches (610
mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed
entirely above ground.
Section R105.2, Building item 7 - Shade cloth structures constructed for
nursery or agricultural purposes, not including service systems.
Section R105.2, Building item 8 - Swings and other playground
equipment accessory to detached one- and two-family dwellings.
Section R105.2, Building item 9 - Window awnings supported by an
exterior wall that do not project more than 54 inches (1372 mm) from the
exterior wall and do not require additional support of Group R-3 and U
occupancies.
Section R105.2, Building item 10 - Non-fixed and movable fixtures, cases,
racks, counters, and partitions not over 5 feet, 9 inches (1753 mm) in
height.
Section 8996
: Amendment to Section R108.3 of the said 2007 California
Building Code, Chapter 1, Division II is hereby amended to read as follows:
Section R108.3. Permit Fees
The City Council, by resolution, shall set the amount of fees to be required for the
issuance of permits required by the Downey Residential Code, and shall adjust
said fees annually based upon data provided by the Building and Safety Division
of the Community Development Department. The determination of value or
valuation under any provisions of this Code shall be established by City Council
resolution.
Section R108.3.1. Plan Review Fees
When a plan or other data is required to be submitted by Section R106.1, a plan
review fee shall be paid at the time of submitting plans and specifications for
review. Said plan review fee shall be as set forth in the Fee Schedule.
Where plans are incomplete or changed so as to require additional plan review,
an additional plan review fee shall be charged at a rate established by the Fee
Schedule.
R108.3.2. Expiration of Plan Review
Applications for which no permit is issued within 180 days following the date of
application shall expire by limitation and plans and other data submitted for
review may thereafter be returned to the applicant or destroyed by the Building
Official. The Building Official may extend the time for action by the applicant for a
period not exceeding 180 days upon request by the applicant showing that
Ordinance No.
Page 4
circumstances beyond the control of the applicant have prevented action from
being taken. No application shall be extended more than once. In order to renew
action on an application after expiration, the applicant shall resubmit plans and
pay a new plan review fee.
Section 8997:Amendment to Section R110.1.
Section R110.1, of the said
2010 California Residential Code Chapter 1, Division II, is hereby amended to read as
follows:
Section R110.1. Use or occupancy. No building or structure in all occupancy
groups shall be used or occupied, nor shall such building or structure be
connected with utility services, until the Building Official has determined
compliance with this code and authorized such use or occupancy, and has
issued a Certificate of Occupancy therefore as provided herein. No change in the
existing occupancy classification of a building or structure, or portion thereof,
shall be made until the Building Official has issued a Certificate of Occupancy
therefor as provided herein.
Exception: Group R, Division 3 and Group U Occupancies.
Section 8998: Amendment to Sections R313.1, R313.1.1, R313.2, and
R313.2.1.
Sections R313.1, R313.1.1, R313.2, and R313.2.1 of said 2010 California
Residential Code are hereby replaced with the existing Downey Municipal Code Section
3319, Section 903.2.7, which was adopted December 14, 2007, and reads as follows:
“All new building(s) to be constructed for Group R occupancy purposes shall be
protected by an approved Automatic Fire Extinguishing System throughout,
installed in accordance with nationally recognized standards. This requirement shall
also apply when said building(s) has been vacated for one (1) year or more.
Existing building(s) utilized for Group R Occupancy purposes shall be provided
with an approved Automatic Fire Extinguishing System throughout, when alterations
and/or additions to such building(s) done during a three (3) year period exceed fifty
percent (50%) of the value of said building(s). (Downey Municipal Code Section
3311).
Design Criteria
.
A. Attics containing forced air units shall have one or more intermediate
temperature sprinkler heads adjacent to each unit.
B. NFPA 13D (1999) shall be used for single- and multi-family structures
consisting of four (4) or less attached units.
C. Detached garages over one thousand (1,000) square feet and all
attached garages shall be sprinklered. Garages shall have a design density of
an Ordinary Hazard Group 1 occupancy and a minimum design area of one (1)
Ordinance No.
Page 5
head/one hundred (100) square feet. Quick-response intermediate
temperature heads shall be used for the garage area.
D. Structures over five thousand (5,000) square feet in total area shall have
a design area of the three (3) most remote sprinkler heads. Structures under
five thousand (5,000) square feet in total area shall have a design area of the
two (2) most remote sprinkler heads.”
Section 8999: Amendment to Section R319
. Section R319 of said 2010
California Residential Code is hereby amended to read as follows:
R319.1. Addresses - Approved numbers or addresses shall be securely installed
onto all new buildings in such a position as to be plainly visible and legible from
the street or road fronting the property.
R319.2. Application to Existing Buildings - Whenever a permit is issued for any
purpose, the requirement of Section R319.1 shall apply.
APPROVED AND ADOPTED
this ____ day of November, 2010.
___________________________________
ANNE M. BAYER, Mayor
ATTEST:
___________________________________
KATHLEEN L. MIDSTOKKE, City Clerk
Ordinance No.
Page 6
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF DOWNEY )
I HEREBY CERTIFY
that the foregoing Ordinance No. 10-______, was
introduced at a Regular Meeting of the City Council of the City of Downey held on the
____ day of November, 2010, and adopted at a Regular Meeting of the City Council of
Downey held on the ____ day of December, 2010, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
I FURTHER CERTIFY
that a Summary of the foregoing Ordinance No. 10-____,
was published in the Downey Patriot, a newspaper of general circulation in the City of
Downey, on ________________, 2010 (after introduction), and on
____________________, 2010 (after adoption, including the vote thereon). It was also
posted in the regular posting places in the City of Downey on the same dates.
___________________________________
KATHLEEN L. MIDSTOKKE, City Clerk