Agenda packet — Yorba Linda City Council, November 15, 2022 (part 2 of 3)

ORDINANCE NO. 2022-1094
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per the Geologic Energy Management Division (CalGem) online Well Finder, indicate if the property is in a methane gas area as designated by OCFA and the Geologic Energy Management Division (CalGem), show a dimensioned location of any active or abandon septic tanks and seepage pits and any other site related information. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for an alteration or repair or when otherwise warranted.

Section 108.1 General is hereby amended by changing the number of days in the second sentence from “180 days” to “30 days”.

Section 109.2 Schedule of permit fees is hereby amended to read as follows:
109.2 Schedule of permit fees. For each permit required by this Article, there shall be charged and paid to the Building Department, a fee as established by resolution adopted by the City Council, and at the rate provided for each classification shown therein.

Section 109.4 Work commencing before permit issuance is hereby amended to read as follows:
109.4 Work commencing before permit issuance.
109.4.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. A special investigation shall be made either by the building official, or a building inspector.

Prior to any special inspection, all concealed structural and non-structural items shall be exposed so either the building official, or the inspector can conduct an accurate assessment of the non-permitted construction. The items to be exposed shall include, but not limited to, foundation, framing, electrical, plumbing and mechanical.
109.4.2 Fee. An investigation fee, in addition to the permit, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law.
109.4.3 Emergency Work. The investigation fee shall not apply to emergency work when it shall be proved to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefor before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, an investigation fee as herein provided shall be charged.

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Section 109.6 Refunds is hereby amended to read as follows:
109.6 Refunds. The building official may authorize refunding of a fee paid hereunder which was erroneously paid or collected.

The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.

The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended.

The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

Section 110.7 Reinspections is hereby added to read as follows:
110.7 Reinspections: The Authority Having Jurisdiction shall have the authority to assess a reinspection fee for each inspection or reinspection when such portion of work for which inspection is requested is not complete or when required corrections have not been made. Reinspection fees may also be assessed when the approved plans are not readily available to the inspector, or failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the Building Official or requesting a reinspection of the same item three or more times.

This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection.

To obtain reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose and pay the reinspection fee established by resolution adopted by the City Council.

In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

Section 110.8 Extra inspections is hereby added to read as follows:
110.8 Extra inspections: When extra inspections are necessary by reason of deficient or defective work, or otherwise through fault or error on the part of the holder of the permit or on the part of his employees, only one such extra inspection shall be made under the regular fees as herein prescribed; and the holder of the permit shall be entirely responsible for each and every subsequent extra visit or inspection. A reinspection fee shall be paid for every subsequent extra visit or inspection.

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Section 111.5 Posting is hereby added to read as follows:
111.5 Posting. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official.

Section 112.3 Authority to disconnect service utilities is hereby amended by modifying the first sentence to read as follows;
112.3 Authority to disconnect service utilities. The building official or the building official’s authorized representative shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life and property.

Section 115.1 Authority is hereby amended to read as follows:
115.1 Authority. Whenever the building official finds any work regulated by this code, or other pertinent laws or ordinances implemented through the enforcement of this code, is being performed in a manner either contrary to their provisions or in a dangerous or unsafe manor, the building official is authorized to issue a stop work order.”

15.04.030. Chapter 2 Definitions – amendments.

Sections 202 Definitions is hereby amended by adding definition to read as follows:
202 General Definitions
SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

15.04.040. Chapter 7A Materials and Construction Methods for Exterior Wildfire Exposure – amendments.

Section 701A.3 Application is hereby revised to read as follows:
701A.3 Application. New buildings located in any Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date, and additions to and remodel of buildings constructed before

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ORDINANCE NO. 2022-1094
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2012 located in areas currently designated as such, shall comply with the provisions of this chapter. The provisions shall also apply to additions, remodels, and accessory structures located within 100 feet of a fuel modification zone, vegetation management area, or similar area containing hazardous combustible vegetation, regardless of whether the property is currently located in a designated Fire Hazard Severity Zone or Wildland-Urban Interface Fire Area, when materials and/or construction methods for exterior wildfire exposure were previously required at the property by the Building or Fire Code Official.

Exceptions:

1. Buildings of an accessory character classified as a Group U occupancy and not exceeding 120 square feet in floor area, when located at least 50 feet from the applicable building.

2. Buildings of an accessory character classified as a Group U occupancy of any size located least 50 feet from an applicable building.

3. Buildings classified as a Group U Agricultural Building, as defined in Section 202 of this code (see also Appendix C – Group U Agricultural Buildings), when located at least 50 feet from an applicable building.

Section 710A.3.3 is hereby revised to read as follows:
710A.3.3 Detached accessory structures within 50 feet of an applicable building shall comply with the requirements of this section.

Section 710A.4 Requirements is hereby added to read as follows:
710A.4 Requirements. Roofs of any accessory structures shall be constructed of non-combustible or ignition-resistant materials.

15.04.050. Chapter 9 Fire Protection Systems – amendments.

Section 903.2 Where required is hereby amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.21, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.

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ORDINANCE NO. 2022-1094
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Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code.

2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet.
b. When an addition exceeds 2000 square feet and the resulting building area exceeds 5000 square feet.
c. An additional story is added above the second floor regardless of fire areas or allowable area.

Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8 (2).

Section 903.2.8 Group R is hereby amended to read as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing R-3 Buildings: An automatic sprinkler system shall be provided installed throughout when one of the following conditions exists:

1. When the floor area of alterations within any two-year period exceeds 50 percent of the gross area of the existing structure and the building gross floor area exceeds 4,800 square feet; or

2. When an existing Group R-3 Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

1. Existing Group R-3 occupancies converted to Group R-3.1 occupancies and not housing bedridden clients, not housing non-ambulatory clients above the first floor, and not housing clients above the second floor.

2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one bedridden client and complying with Section 435.8.3.3 of the California Building Code.

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ORDINANCE NO. 2022-1094
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children are housed are not more than two stories in height, and building or portions thereof housing such children have an automatic fire alarm system activated by approved smoke detectors.

4. Pursuant to Health and Safety Code, Section 13143.6, occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is elderly (65 years of age or over).

When not used in accordance with Section 504.2 or 506.3 of the California Building Code, an automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be allowed in Group R-2.1 occupancies.

An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies.

Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the fire sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.

15.04.060. Chapter 15 Roof Assemblies and Rooftop Structures – amendments.

Table 1505.1 Minimum roof covering classifications types of construction is hereby amended to read as follows:
90 100 110 120 130 140 150 PSI
85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems

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ORDINANCE NO. 2022-1094
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TABLE 1505.1a

MINIMUM ROOF COVERING CLASSIFICATIONS

TYPES OF CONSTRUCTION

I A I B II A II B III B III B I V V A V B

A A A A A A A A A
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Unless otherwise required in accordance with chapter 7A.

Section 1512.2 Roof replacement is hereby amended to read as follows:
1512.2 Recovering versus replacement. New roof coverings shall not be installed without first removing all existing layers of roof coverings and assembly materials down to the roof deck.

All newly installed roof coverings in a Fire Hazard Severity Zone, Wildland-Urban Interface Fire Area, or Fuel Modification Zone shall require new roof vents throughout and if applicable, all underside eave and cornice vents per Section 706A. Retrofit vents shall be reviewed and approved prior to installation.

Where the roofing material profile has an “air-space” under the roof covering, the underlayment shall comply with Section 705A.

15.04.070 Section 3109 Swimming Pool, SPAS AND HOT TUBS – amendments.

Revised to coincide with Ord. 2020-1083.

Section 3109.2 California swimming pool act are hereby amended by modifying the following subsections:

Subsection 115922(a)(1) is hereby amended to include the follow sentence at the end of the subsection, “The requirements of this subsection, 115922(a)(1) are required to be one of the drowning prevention safety features.”
Subsection 115922(a)(2) is hereby deleted.

Subsection 115923 is hereby amended to read as follows:
115923 An enclosure/barrier¹ is a mandatory requirement per subsection 115922(a)(1) and shall have all the following characteristics:
(a) Barrier height and clearances. The top of the barrier shall be at least sixty (60) inches above grade measured on both sides of the barrier. The 60-inch barrier height shall be maintained for a distance of three (3) feet measured perpendicular from the face of the barrier and on both sides of the barrier. No natural or artificial grade, rock outcropping or artificial structure or construction may be placed within

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ORDINANCE NO. 2022-1094
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the three-foot horizontal distance, which reduces the effective barrier height to less than 60 inches. The maximum vertical clearance between grade and the bottom of the barrier shall be two (2) inches.

Return walls and all other obstructions, indentations, including but not limited to artificial structure(s), construction characteristics, wrought iron/vinyl fencing, raised planters, retaining walls or architectural features which could be considered a step shall maintain a 45-inch horizontal clear area between the horizontal surface(s) measures 3’-0” perpendicular outward from the face of the subject wall. 1 The Property Owner is responsible for verifying and avoiding conflicts with any existing easements, Yorba Linda Water District easements, dedicated easements, parks, public trails, neighboring properties, and any other similar areas. (b) Gates. Any access door or gates through the enclosure shall be a minimum of 60 inches in height, open away from the swimming pool and be self-closing with a self-latching device. The release mechanism shall be located on the pool side of the door or gate and shall be located a minimum of three inches below the top of the 60-inch gate. The access door or gate and the barrier shall have no openings greater than one half (1/2) inch within eighteen (18) inches of the release mechanism. Gates shall not be wider than 48 inches.

Access doors wider than 48 inches may be used with the following conditions.

Access doors or gates with a leaf wider than forty-eight (48) inches need not be self-closing or self-latching. Single leaf doors or gates shall have an integral, permanent, keyed locking device or a pad lock installed. Double leaf doors or gates shall have an integral; permanent keyed locking device or a pad lock installed in one leaf with the second leaf provided with a dead bolt at the bottom of the door or gate. The dead bolt shall be a minimum of one half inch (1/2) inch in diameter and engage into a permanently installed receiver of steel or concrete a minimum of two (2) full inches. The dead bolt shall have an integral, permanent, keyed locking device.

RV Gates are permitted, however a separate mandatory barrier compliant with Section 115923 shall be installed with or without a compliant access gate behind the RV gate.
(c) Gaps. Gaps or voids, if any, shall not allow passage of a sphere equal to or greater than four (4) inches in diameter.
(d) Chain link Fencing. Chain link (consistent with Yorba Linda Zoning Code, Section

18.10.130.F) may be used, provided the openings are not greater than 1-3/4 inches measured horizontally.
(e) Widely and Closely spaced horizontal, vertical or diagonal members. When the barrier is composed of horizontal, vertical or diagonal members, the distance

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ORDINANCE NO. 2022-1094
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between the tops of the horizontal members shall not be less than forty-five (45) inches. Where there are decorative features in the fence, spacing within the features shall not exceed 1-3/4 inches in any dimension. (f) Outside surface. The outside surface shall be free of protrusions, cavities or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five to climb over. Protrusions, cavities and physical characteristics shall be a maximum of ½” or less.
(g) Solid Barrier Surfaces. Solid Barriers which do not have openings shall not contain indentations or protrusions except normal construction tolerances and tooled joints ½” or less.
115923.1 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, one of the following shall apply:

1. Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door and/or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. In dwellings not required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the door. In dwellings required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located not higher than 54 inches (4 feet 6 inches) and not less than 48 inches (4 feet) above the threshold of the door.

2. The pool shall be equipped with a power safety cover that complies with ASTM F1346.

3. Any man door opening from a garage to the inside of the pool barrier enclosure shall be equipped with one of the following devices:
i. The locking and latching device shall be located a minimum of 54 inches above ground level. The door shall be self closing and self latching.
ii. The door shall be equipped with an audible warning as required in Item (1) above, with the exception that the alarm shall be located in both the garage and in the habitable area of the dwelling. iii. The door shall be self closing, self latching and be openable only with a key or combination type door latch.
115923.2 Indoor Swimming Pools. Walls surrounding indoor swimming pools shall not be required to comply with Subsection 115923.1.
115923.3 Exempt facilities. The requirements of this article shall not apply to the following:

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Any pool within the jurisdiction of any political subdivision that adopts and ordinance for swimming pool safety that includes requirements that are at least as stringent as this division.

Section 3109.3 Public swimming pools is hereby added to read as follows:
3109.3 Public swimming pools. Public swimming pools shall be completely enclosed by a fence at least five (5) feet in height or other acceptable barrier. Fences and acceptable barriers shall conform to the requirements of Section 3119B

15.04.080. Chapter 35 Referenced Standards – amendments.

NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 6.7.3 is hereby revised to read as follows:

6.7.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.

Section 8.3.3.1 is hereby revised to read as follows:

8.3.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted.

Sprinklers in light hazard occupancies shall be one of the following:

1. Quick-response type as defined in 3.6.4.8

2. Residential sprinklers in accordance with the requirements of 8.4.5

3. Quick response CMSA sprinklers

4. ESFR sprinklers

5. Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers

6. Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems

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Section 8.15.1.2.7 is hereby revised as follows:

8.15.1.2.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.

NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in Oneand Two-Family Dwellings and Manufactured Homes is hereby amended as follows:

Section 7.1.2 is hereby revised to read as follows:

7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.

NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby deleted in its entirety.

NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

Section 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.

Section 6.2.9 is hereby revised to read as follows:

All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve.
(2) A wall post indicator valve

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ORDINANCE NO. 2022-1094
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(3) An indicating valve in a pit, installed in accordance with Section 6.4 (4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(5) Control valves installed in a fire-rated room accessible from the exterior. (6) Control valves in a fire-rated stair enclosure accessible from the exterior.

Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised to read as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.

Section 10.4.3.2 is hereby revised to read as follows:

10.4.3.2 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through

10.4.3.2.4. 15.04 090 Appendix A Employee Qualifications – deleted.

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Appendix A Employee Qualifications is hereby deleted in its entirety.

15.04.100 Appendix B Board of Appeals – adopted.

Appendix B Board of Appeals is hereby adopted.

15.04.110 Appendix C Group U – Agricultural Buildings – adopted.

Appendix C Group U – Agricultural Buildings is hereby adopted.

15.04.120 Appendix D Fire Districts – deleted.

Appendix D Fire Districts is hereby deleted in its entirety.

15.04.130 Appendix E Reserved – deleted.

Appendix E Reserved is hereby deleted in its entirety.

15.04.140 Appendix F Rodent proofing – deleted.

Appendix F Rodent proofing is hereby deleted in its entirety.

15.04.150 Appendix G Floor-Resistant Construction – deleted Appendix G Flood-Resistant Construction is hereby deleted in its entirety.

15.04.160 Appendix H Signs – deleted.

Appendix H Signs is hereby deleted in its entirety.

15.04.170 Appendix I Patio Covers – adopted.

Appendix I Patio Covers is hereby adopted.

15.04 180 Appendix J Grading – deleted
Appendix J Grading is hereby deleted in its entirety.

15.04.190 Appendix K Group R-3 and Group R-3.1 Occupancies Protected by the Facilities of the Central Valley Flood Protection Plan – deleted.

Appendix K Group R-3 and Group R-3.1 Occupancies Protected by the Facilities of the Central Valley Flood Protection Plan is hereby deleted in its entirety.

15.04.200 Appendix L Earthquake Recording Instrumentation – deleted.

Appendix L Earthquake Recording Instrumentation

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Appendix L Earthquake Recording Instrumentation is hereby deleted in its entirety.

15.04.210 Appendix M Tsunami-Generated Flood Hazard – deleted Appendix M Tsunami-Generated Flood Hazard is hereby deleted in its entirety.

15.04.220 Appendix N Replicable Buildings – deleted
Appendix N Replicable Buildings is hereby deleted in its entirety.

15.04.230 Appendix O Performance – Based Application – deleted Appendix O Performance – Based Application is hereby deleted in its entirety.

15.04.240 Appendix P Emergency Housing – Deleted
Appendix P Emergency Housing is hereby deleted in its entirety.

Section 3. Ordinance No. 2019-1063 is hereby repealed in its entirety.

Section 4. CEQA. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment, since it adopts updated building and safety standards, which the City had previously adopted in substantial form. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption with the Orange County Clerk’s Office within five (5) working days of the approval of this ordinance.

Section 5. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.

Section 6. Effective Date. This ordinance shall take effect on January 1, 2023. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law.

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ORDINANCE NO. 2022-1094
PAGE NO. 21
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 6
th day of December, 2022.
___________________________________
, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
__________________________

CITY ATTORNEY

STATE OF CALIFORNIA )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on this 6th day of December, 2022 and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

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ORDINANCE NO. 2022-1095

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF YORBA LINDA AMENDING CHAPTER 15.05 OF THE

YORBA LINDA MUNICIPAL CODE AND ADOPTING BY

REFERENCE THE CALIFORNIA RESIDENTIAL CODE,
2022 EDITION, WHICH INCORPORATES AND AMENDS
THE INTERNATIONAL RESIDENTIAL CODE, 2021

EDITION, WITH CERTAIN APPENDICES AND
AMENDMENTS, AND REPEALING ORDINANCE NO.
2019-1064.

WHEREAS California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the California Building Standards Code (California Code of Regulations, Title 24) adopting certain uniform codes, including the California Residential Code, 2022 Edition (which incorporates and amends the International Residential Code, 2021 Edition), with certain appendices and amendments; and WHEREAS, California Health and Safety Code Sections 17958 et seq. and 18941.5 authorizes cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City of Yorba Linda desires to adopt the California Residential Code, as adopted by the State of California Building Standards Commission in Title 24 of the California Code of Regulations (the “Residential Code”), with certain appendices and amendments to assure the Residential Code is tailored to the particular safety needs of the City of Yorba Linda as required by its unique climatic, geological and topographical conditions; and
WHEREAS, the City Council held a public hearing on December 6, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Residential Code, as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 24, 2022 and December 1, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

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ORDINANCE NO. 2022-1095
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Section 1. Findings. To the extent that the following changes and modifications to the California Residential Code, 2022 Edition, are deemed more restrictive than the standards contained therein, thus requiring that findings be made pertaining to local conditions justifying such modifications, the City Council adopted Resolution No. 2022- 5828 that found and determined that the following changes and modifications are reasonably necessary due to local conditions.

Section 2. Chapter 15.05 of the Yorba Linda Municipal Code is hereby amended to read as follows:
“CHAPTER 15.05

RESIDENTIAL CODE
Sections:

15.05.010 Residential Code Adopted.

15.05.020 Chapter 1 Division II Administration – amendments.

15.05.030 Chapter 2 Definitions – amendments.

15.05.040 Chapter 3 Building Planning -- amendments.

15.05.050 Chapter 9 Roof Assemblies – amendments.

15.05.060 Chapter 10 Chimneys and Fireplaces – amendments.

15.05.070 Chapter 44 Referenced Standards – amendments.

15.05.080 Appendix AF Radon Control Methods – deleted.

15.05.090 Appendix AG Reserved – deleted.

15.05.100 Appendix AH Patio Covers – adopted.

15.05.110 Appendix AI Private Sewage Disposal – deleted.

15.05.120 Appendix AJ Existing Buildings and Structures – deleted.

15.05.130 Appendix AK Sound Transmission – adopted.

15.05.140 Appendix AL Permit Fees – deleted.

15.05.150 Appendix AM reserved – deleted.

15.05.160 Appendix AN reserved – deleted.

15.05.170 Appendix AO Automatic Vehicular Gates – adopted.

15.05.180 Appendix AP Reserved – deleted.

15.05.190 Appendix AQ Tiny Houses – deleted.

15.05.200 Appendix AR Light Straw – Clay Construction – deleted.

15.05.210 Appendix AS Strawbale Construction – deleted.

15.05.220 Appendix AT [RE] Solar-Ready Provisions – Detached One-and Two-Family Dwellings and Townhouses – Deleted.

15.05.230 Appendix AU Cob Construction (Monolithic Adobe) – deleted.

15.05.240 Appendix AV Board of Appeals – deleted.

15.05.250 Appendix AW 3D Printed Building Construction – deleted.

15.05.260 Appendix AX Swimming Pool Safety Act – deleted.

15.05.270 Appendix AY Areas Protected by the Facilities of the Central Valley Flood Protection Plan – deleted.

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15.05.280 Appendix AZ Emergency Housing — deleted.

15.05.010. Residential Code Adopted.

There is hereby adopted by reference, as the Residential Code of the City, the California Residential Code, 2022 Edition, with certain appendices and amendments, which incorporates and amends the International Residential Code, 2021 Edition with certain appendices and amendments, published by the International Code Council, one certified copy of which is on file in the office of the City Clerk for public inspection and is adopted with the same force and effect as though set out herein in full. The California Residential Code, 2022 Edition, as adopted herein, is amended as set forth in Sections

15.05.020 through 15.05.310.

15.05.020. Chapter 1 Division II Administration - amendments.

Section R105.2 Work exempt from permit is hereby amended to revise the following subsections under the heading of “Building” to read as follows:

2. Masonry or concrete fences not over 3 feet (1829 mm) high measured from the lowest adjacent finish grade.

3. Retaining walls which are not over 4 feet in height measured from the bottom of the footing to the top of the wall unless supporting a surcharge, supporting a sloped backfill with a slope greater than 2:1 or impounding flammable Class I, II, or III-A liquids.

7. Prefabricated swimming pools that are less than 18” deep, do not exceed 5,000 gallons and are installed entirely above ground.

10.Decks not exceeding 120 square feet in area and are not more than 30 inches above grade at any point and that are not attached to a dwelling and do not serve the exit door required by Section R311.4 and that follow the requirements found in Chapter R337 Materials and Construction Methods for Exterior Wildfire Exposure, Section R337.9.

11.Wrought Iron, wood, vinyl or chain link fences not over six (6) feet high measured from the lowest adjacent finish grade, unless a wood, vinyl or chain link fence is a full or partial pool enclosure. Such wood, vinyl or chain link fences shall conform to the pool enclosure requirements of Section 3119B of the California Building Code.

Section R105.3.1 Action on application is hereby amended by the addition of language to read as follows:

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When plans or other data are required to be submitted by section R105.1, a plan review fee shall be paid at the time of submitting plans and specifications for review.

The amount of the plan review fee shall be as established by resolution adopted by the City Council.

When submittal documents for plan review are incomplete or modified so as to require additional plan review, an additional plan review fee shall be charged as established by resolution adopted by the City Council.

Section R105.3.2 Time limitation of application is hereby amended to read as follows:

R105.3.2 Time limitation of applications. An application for which no permit is issued within 180 days following the date of application shall automatically expire, 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 on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application may be extended one or more times by the building official for additional periods not exceeding 180 days each. An application shall not be extended if this code or any other pertinent laws or ordinances have been amended subsequent to the date of application.

An application for a permit may only be extended if a written request for an extension is received prior to the expiration of the permit application and a nonrefundable application fee of $73.00 is paid. The application for an extension shall state the reason for the extension and identify conditions beyond the control of the applicant which justify the extension. The application shall be reviewed by the Building Official and a decision to grant an extension or not shall be based upon the merits of the written request for the extension. Payment of the $73.00 application fee shall not automatically grant an extension. Permit application extensions shall not be granted after the expiration of the original permit application and payment of plan review fees. Full plan review fees as set forth in the fee resolution adopted by the City Council shall be paid should the permit application expire.

Section R105.5 Expiration is hereby amended in its entirety to read as follows:

R105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months any time after the work is commenced. The suspension or abandonment of work shall be defined as failing to obtain a formal approval of any required inspection as specified in Section R109.1 of this code within a 12 month

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time period. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

A permit may only be extended, with no additional permit fees charged, if a written request for an extension is received prior to the expiration of the permit and a nonrefundable application fee of $73.00 is paid. The application for an extension shall state the reason for the extension and identify conditions beyond the control of the applicant which justify the extension. The application shall be reviewed by the Building Official and a decision to grant an extension or not shall be based upon the merits of the written request for the extension. No additional permit fees, other than the application fee of $73.00, shall be charged. Payment of the $73.00 application fee shall not automatically grant an extension. Permits which have become invalid shall pay a renewal fee of 50% of the original permit fee when the permit has been expired for up to one (1) year. When a permit has been expired for a period in excess of one (1) year, the renewal fee shall be 100% of the original permit fee.

Section R106.1 Submittal documents is hereby amended to read as follows:

R106.1 Submittal documents. Submittal documents consisting of construction documents, statement of special inspections, structural calculations, geotechnical report and other pertinent data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the Building Official of the jurisdiction in which the project is to be constructed.

Shop drawings for the fire protection system(s) shall be submitted to the Orange County Fire Authority for review to indicate conformance to the adopted codes and the construction documents and shall be approved prior to the framing inspection.

Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code.

Section 106.1.6 is hereby amended to read as follows:

R106.1.6 Exterior balconies and elevated walking surfaces. Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, or irrigation and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include the manufactures installation instructions, the products listing name, approval number(s) of the product and the approving agency.

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Section R106.2 Site plan or plot plan is hereby amended to read as follows:

R106.2 Site plan or plot plan. The construction documents submitted with the application for permit shall be accompanied by the sites assigned address(s), a site plan showing the location and dimensions of all new construction, the location and dimensions of all existing construction, all property lines shown and labeled, all easement(s) dimensions shown and labeled, dimensions between all new construction and all property lines, dimensions between all existing construction and all property lines, dimensions between all new and existing construction, locations of all slopes with the top of any slope or the bottom of any slope specifically plotted and indicated, the structural setback line from top of slope specifically plotted as required by Chapter 18 of the California Building Code, the overall vertical height of all slope shown, dimensions from the top of any slope to all new proposed construction, show a dimensioned location of any active or abandon oil wells, and indicate if the property is in a methane gas area as designated by the Geologic Energy Management Division (CalGem) online Well Finder, indicate if the property is in a methane gas area as designated OCFA and Geologic Energy Management Division (CalGem), show a dimensioned location of any active or abandon septic tanks and seepage pits and any other site related information. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for an alteration or repair or when otherwise warranted.

Section R107.1 General is hereby amended by revising the number of days in the second sentence from “180 days” to “30 days”.

Section R108.2 Schedule of permit fees is hereby amended to read as follows:

R108.2 Schedule of permit fees. For each permit required by this Article, there shall be charged and paid to the Building Department, a fee as established by resolution adopted by the City Council, and at the rate provided for each classification shown therein.

Section R108.5 Refunds is hereby amended to read as follows:

R108.5 Refunds. The building official may authorize refunding of a fee paid hereunder which was erroneously paid or collected.

The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.

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The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 365 days after the date of fee payment.

Section R108.6 Work commencing before permit issuance is hereby amended to read as follows:

R108.6 Work commencing before permit issuance.

R108.6.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. A special investigation shall be made either by the building official, or a building inspector. Prior to any special inspection, all concealed structural and nonstructural items shall be exposed so either the building official, or the inspector can conduct an accurate assessment of the non-permitted construction. The items to be exposed shall include, but not limited to the foundation, framing, electrical, plumbing and mechanical.

R108.6.2 Fee. An investigation fee, in addition to the permit, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law.

R108.6.3 Emergency Work. The investigation fee shall not apply to emergency work when it shall be demonstrated to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefore before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, an investigation fee as herein provided shall be charged.

Section R109.5 Reinspection’s is hereby added to read as follows:

R109.5 Reinspection’s: The Authority Having Jurisdiction shall have the authority to assess a reinspection fee for each inspection or reinspection when such portion of work for which inspection is requested is not complete or when required corrections have not been made. Reinspection fees may also be assessed when the approved plans are not readily available to the inspector, or failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the Building Official or requesting a reinspection of the same item three or more times.

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This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection.

To obtain reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee established by resolution adopted by the City Council.

In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

Section R109.6 Extra Inspections is hereby added to read as follows:

R109.6 Extra inspections: When extra inspections are necessary by reason of deficient or defective work, or otherwise through fault or error on the part of the holder of the permit or on the part of his employees, only one such extra inspection shall be made under the regular fees as herein prescribed; and the holder of the permit shall be entirely responsible for each and every subsequent extra visit or inspection. A reinspection fee shall be paid for every subsequent extra visit or inspection.

Section R110.2 Change in use is hereby amended to read as follows:

R110.2 Change in use. Changes in the character or use of an existing structure shall not be made except as specified in Chapter 11 of the California Fire Code and Section 506 of the California Existing Building Code.

15.05.030 Chapter 2 Definitions – amendments.

Section R202 Definitions is hereby revised by adding “OCFA” and “Spark Arrester” as follows
BEDROOM. A bedroom shall be defined as any enclosed space that does not have one wall open to the rest of the house such as a bonus room, office, workout room, media room and library, or any other enclosed room which could potentially be used for a bedroom.

OCFA: Orange County Fire Authority, fire authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

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1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

15.05.040 Chapter 3 Building Planning – amendments.

Table R301.2(1) Climatic And Geographic Design Criteria is hereby amended to read as follows:

TABLE R301.2(1)

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
MANUAL J DESIGN CRITERIAn
Elevation
Altitude
correction
factor ͤ
Coincident
wet bulb
Indoor winter
design dry-bulb
temperature
Altitude
correction factor
Indoor design
temperature
Design
temperature cooling
Heating temperature
difference
350 feet 37 92
Latitude
Daily
Range
Indoor
summer
relative
humiduty
ulb Daily
range
Winter
humidity
Summer
humidity

33.885oN 70 31
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern. The weathering column shall be filled in with the weathering index, "negligible," "moderate" or "severe" for concrete as determined from Figure R301.2(1). The grade of masonry units shall be determined from ASTM C34, C55, C62, C73, C90, C129, C145, C216 or C652.
b. Where the frost line depth requires deeper footings than indicated in Figure R403.1(l), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(2). Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4. (*) Approximately equivalent to 85 mph Vest (3-second gust), minimum shall be exposure C. See Table R301.2.1.3 for conversion.
e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with: the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard Ground
Snow
Loado
Wind Design Seismic
Design
Categoryf
Subject to Damage From Ice
Breaker
Underlayment
Requiredh
Flood
Hazards
g
Air
Freezing
Indexi
Mean
Annual
Tempʲ
Speedd
(mph)
Topographic
Effectsk
Special
Wind
Regionl
Windborne
Debris
Zonem
Weatheringa
Frost line
Depthb Termitec
Zero 110 mph
Vest Min
Exp. C (*)
No No No D2 or E Negligible None Very
heavy
No See
Engineering
/Public
Works
0 60o

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areas); and the title and date of the currently effective Flood Insurance Study or other flood hazard study and maps adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.I.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)."
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)." k. In accordance with Section R30I.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements. Otherwise, the jurisdiction shall indicate "NO" in this part of the table. m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind-borne debris wind zone(s).

Otherwise, the jurisdiction shall indicate "NO" in this part of the table, n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table la or lb from ACCA Manual J or established criteria determined by the jurisdiction, o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2(6) and R301.2(4).

Section R301.9 Fuel Modification Requirements for New Construction is hereby added as follows:

R301.9 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
Section R309.6 Fire sprinkler attached garages, and carports with habitable space above is hereby amended by modifying the exception to read as follows:

Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing carports and/or garages that do not have an automatic residential fire sprinkler system installed unless a residential sprinkler system is required in accordance with California Fire Code Section 903.2.8.

Section R313.1 Townhouse automatic fire sprinkler systems is hereby amended by modifying the exception as follows:

Exception: An automatic sprinkler system shall not be required when additions or alterations are made to existing townhouses that do not have an automatic sprinkler system installed unless an automatic sprinkler system is required in accordance with California Fire Code Section 903.2.8.

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Section R313.2 One- and two-family dwellings automatic sprinkler systems is hereby amended by modifying the exception as follows:

Exception: An automatic residential sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic sprinkler system unless a sprinkler system is required in accordance with California Fire Code, Section 903.2.8.

Section R313.3.6.2.2 Calculation procedure is hereby revised to read as follows:

Section R313.3.6.2.2 Calculation procedure. Determination of the required size for water distribution piping shall be in accordance with the following procedure and California Fire Code Section 903.3.5
(The remainder of the section is unchanged)
Section R319.1 Site identification is hereby revised to read as follows:

R319 Site Address. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches in height with a stroke width of not less than 0.5 inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

Section R337.1.3 Application is hereby revised to read as follows:

R337.1.3 Application. New buildings located in any adopted Fire Hazard Severity Zone, or any Wildland-Urban Interface (WUI) Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this section. This shall include all new buildings with residential, commercial, educational, institutional or similar occupancy type and additions and substantial remodels (as determined by the Building Official) to and existing building that include residential use, which were constructed before 2012, which shall be referred to in this section as “applicable building” (see definition Section R337.2) as well as new buildings and structures accessory to those applicable buildings. These provisions shall also apply to all structures located within 100 feet of a Fuel Modification Zone, Vegetation Management Area, or similar area

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containing hazardous combustible vegetation, regardless of whether the property is currently located in an adopted Fire Hazard Severity Zone or Wildland-Urban Interface Area, when materials and/or construction methods for exterior wildfire exposure were previously required at the property by the Building or Fire Code Official.

Exceptions:

1. Buildings of an accessory character classified as a Group U occupancy of any size located at least 50 feet from an applicable building.

2. Buildings classified as a Group U Agricultural Building, as defined in Section 202 of this code (see also Appendix C – Group U Agricultural Buildings), when located at least 50 feet from an applicable building.

3. Additions to and remodels 1,000 square feet or less of buildings constructed before 2012 need not comply fully with Section R337.

However, all additions and remodels to existing single family homes and accessory structures shall comply with the following:
a. A minimum of a Class A roof shall be installed on the addition(s), or any alteration(s), as well as on the existing home or structure, in compliance with Section R337.5
b. All existing attic vents, underside eave and cornice vents shall be installed or retrofitted in compliance with Section R337.6, and the exiting attic vents, eave and cornice vents in the existing structure shall be replaced, or retrofitted as to be in full compliance with Section R337.6.
c. Decking. The walking surface material of decks, porches, balconies and stairs as defined in Section R337.9 shall comply with this section.
d. Accessory Structures. Accessory buildings as defined in Section R202 and miscellaneous structures, shall comply with Section R337.10, as amended.

Section R337.1.7 Fuel Modification Requirements for New Construction is hereby added to read as follows:

R337.1.7 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in a Wildfire Risk Area shall comply with the following:

1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official prior to or concurrently with the approval of any tentative map.

2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit.

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3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”

4. The fuel modification plan shall include provisions for the maintenance of the fuel modification in perpetuity.

5. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the fire code official.

6. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.

15.05.050 Chapter 9 Roof Assemblies – amendments.

Section R902.1 Roof covering materials is hereby amended to read as follows:

R902.1 Roof covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A roofing shall be installed in areas designated by this section. Class A roofing required by this section to be listed shall be tested in accordance with ASTM E108 or UL 790.

Exception: Metal encapsulated insulated panel roof panels with a minimum of 1/32” (.030) to 5/64” (.080) exterior skin encapsulating insulation material being installed in Non-Fire Hazard Severity Zone, or in a Wildland-Urban Interface Fire Area. The insulating material shall have a minimum ASTM E84 flame spread index of 25 or less, and a smoke-developed index of 450 or less. Encapsulation material shall have no airgaps, or open spaces and a minimum of a Class B rating when tested in accordance with ASTM E108, or ASTM 790. Covers or enclosures shall not be installed over a combustible surface, or combustible material.

Section R902.1.2 Roof coverings in all other areas is hereby amended to read as follows:

R902.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any-one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.

All new roof covering installations located within a Fire Hazard Severity Zone, Wildland-Urban Interface Fire Area, or Fuel Modification Zone, shall install new

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gable end vents, underside eave, dormer style vents and cornice vents per Section R337.6. Retrofit vents shall be reviewed and approved prior to installation.

Where the roofing profile has an “air-space” under the roof covering, the underlayment shall comply with Section R337.5.

Section R902.2 Fire-retardant-treated shingles and shakes is hereby amended to revise the first paragraph to read as follows:

Fire-retardant-treated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15-3 or 15-4 which are impregnated by the full-cell vacuum-pressure process with fire-retardant chemicals, and which have been qualified by UBC Standard 15-2 for use on Class A roofs.

Section R908.3 Roof replacement is hereby amended to read only as follows:

R908.3 Recovering versus replacement. New roof coverings shall not be installed without first removing all existing layers of roof coverings and assembly materials down to the deck.

All newly installed roof coverings in a Fire Hazard Severity Zone, Wildland-Urban Interface Fire Area, or Fuel Modification Zone shall require new roof vents throughout and if applicable, all underside eave and cornice vents per Section R337.6. Retrofit vents shall be reviewed and approved prior to installation.

Where the roofing profile has an “air-space” under the roof covering, the underlayment shall comply with Section R337.5.

Section R908.4 Roof recovering is hereby deleted in its entirety.

15.05.060 Chapter 10 Chimneys and Fireplaces -- amendments Section R1001.14 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices is hereby added as follows:

R1001.14 Wood Burning Indoor, or Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices. Outdoor fireplaces, fire pits, fire rings, or similar exterior wood burning devices are prohibited per SCAQMD Rule 445.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

Section R1001.14.1 Gas-fueled devices is hereby added as follows:

R1001.14.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when

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approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester in accordance with Section R1003.9.2.

Section R1001.14.2 Devices using wood, wood alternatives or fuels other than natural gas or liquefied-petroleum gas is hereby added as follows:

R1001.14.2 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a Fuel Modification Zone. Wood and other solid fuel burning fires in devices other than permanent fireplaces are not allowed within an adopted Fire Hazard Severity Zone or a Wildland-Urban Interface Fire Area or in locations where conditions could cause the spread of fire to these locations, or a Fuel Modification Zone unless, determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

15.05.070 Chapter 44 Referenced Standards – amendments.

NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 6.7.3 is hereby revised to read as follows:

6.7.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant.

The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.

Section 8.3.3.1 is hereby revised to read as follows:

Sprinklers in light hazard occupancies shall be one of the following:

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1. Quick-response type as defined in 3.6.4.8

2. Residential sprinklers in accordance with the requirements of 8.4.5

3. Quick response CMSA sprinklers

4. ESFR sprinklers

5. Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers

6. Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems Section 8.15.1.2.7 is hereby revised as follows:

8.15.1.2.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.

NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:

Section 7.1.2 is hereby revised to read as follows:

7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.

NFPA 24, 2022 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

Section 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.

Section 6.2.9 is hereby revised to read as follows:

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ORDINANCE NO. 2022-1095
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(a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve.
(2) A wall post indicator valve
(3) An indicating valve in a pit, installed in accordance with Section 6.4 (4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(5) Control valves installed in a fire-rated room accessible from the exterior
(6) Control valves in a fire-rated stair enclosure accessible from the exterior
Section 10.1.5 is hereby added as follows:

Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised to read as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.

Section 10.4.3.2 is hereby revised to read as follows:

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15.05.080 Appendix AF Radon Control Methods – deleted
Appendix AF Radon Control Methods is hereby deleted in its entirety.

15.05.090 Appendix AG Reserved – deleted.

15.05.100 Appendix AH Patio Covers – adopted.

Appendix AH Patio Covers is hereby adopted.

15.05.110 Appendix AI Private Sewage Disposal – deleted.

Appendix AI Private Sewage Disposal is hereby deleted in its entirety.

15.05.120 Appendix AJ Existing Buildings and Structures – deleted.

Appendix AJ Existing Buildings and Structures is hereby deleted in its entirety.

15.05.130 Appendix AK Sound Transmission – adopted
Appendix AK Sound Transmission is hereby adopted.

15.05.140 Appendix AL Permit Fees – Deleted
Appendix AL Permit Fees is hereby deleted in its entirety.

15.05.150 Appendix AM Reserved – deleted.

15.05.160 Appendix AN Reserved – deleted.

Section 15.05.170 Appendix AO Automatic Vehicular Gates – adopted.

Appendix AO Automatic Vehicular Gates is hereby adopted.

15.05.180 Appendix AP Reserved – deleted .

15.05.190 Appendix AQ Tiny Houses – deleted
Appendix AQ Tiny Homes is hereby deleted in its entirety.

15.05.200 Appendix AR Light Straw-Clay Construction – deleted.

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Appendix AR Light Straw-Clay Construction is hereby deleted in its entirety.

15.05.210 Appendix AS Strawbale Construction – deleted.

Appendix AS Strawbale Construction is hereby deleted in its entirety.

15.05.220 Appendix AT [RE] Solar-Ready Provisions – Detached One-and TwoFamily-Dwellings and Townhouses – Deleted.

Appendix AT Solar-Ready Provisions – Detached One-and Two-Family-Dwellings and Townhouses is hereby deleted in its entirety.

15.05.230 Appendix AU Cob Construction (Monolithic Adobe) – deleted.

Appendix AU Cob Construction (Monolithic Adobe) is hereby deleted in its entirety.

15.05.240 Appendix AV Board of Appeals – deleted.

Appendix AV Board of Appeals is hereby deleted in its entirety.

15.05.250 Appendix AW 3D-Printed Building Construction – deleted.

Appendix 3D-Printed Building Construction is hereby deleted in its entirety.

15.05.260 Appendix AX Swimming Pool Safety Act – deleted.

Appendix AX Swimming Pool Safety Act is hereby deleted in its entirety.

15.05.270 Appendix AY Areas Protected by the Facilities of the Central Valley Flood Protection Plan – deleted.

Appendix AY Areas Protected by the Facilities of the Central Valley Flood Protection Plan is hereby deleted in its entirety.

15.05.280 Appendix AZ Emergency Housing – deleted.

Appendix AZ Emergency Housing is hereby deleted in its entirety.

Section 3. Ordinance No. 2019-1064 is hereby repealed in its entirety.

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Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption with the Orange County Clerk’s Office within five (5) working days of the approval of this ordinance.

Section 6. Effective Date. This ordinance shall take effect on January 1 2023. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 6
th day of December, 2022.
_________________________________,
MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
__________________________

CITY ATTORNEY

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ORDINANCE NO. 2022-1095
PAGE NO. 21

STATE OF CALIFORNIA )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on this 6
th day of December, 2022, and was
carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

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ORDINANCE NO. 2022-1096

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA AMENDING CHAPTER 15.16 OF THE

YORBA LINDA MUNICIPAL CODE AND ADOPTING BY

REFERENCE THE CALIFORNIA ELECTRICAL CODE,
2022 EDITION, WHICH INCORPORATES AND AMENDS
THE NATIONAL ELECTRICAL CODE, 2020 EDITION,

WITH CERTAIN AMENDMENTS, DELETING ANNEXES
AND REPEALING ORDINANCE NO. 2019-1065
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the California Building Standards Code (California Code of Regulations, Title 24) adopting certain uniform codes, including the California Electrical Code, 2022 Edition (which incorporates and amends the National Electrical Code, 2020 Edition), with certain amendments and deleting annexes; and WHEREAS, California Health and Safety Code Sections 17958 et seq. and 18941.5 authorizes cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City of Yorba Linda desires to adopt the California Electrical Code, as adopted by the State of California Building Standards Commission in Title 24 of the California Code of Regulations (the “Electrical Code”), with amendments and deleting annexes to assure the Electrical Code is tailored to the particular safety needs of the City of Yorba Linda as required by its unique climatic, geological and topographical conditions; and
WHEREAS, the City Council held a public hearing on December 6, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Electrical Code, as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 24, 2022 and December 1, 2022, and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

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ORDINANCE NO. 2022-1096
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. To the extent that the following changes and modifications to the California Electrical Code, 2022 Edition, are deemed more restrictive than the standards contained therein, thus requiring that findings be made pertaining to local conditions justifying such modifications, the City Council adopted Resolution No. 2022-5828 that found and determined that the following changes and modifications are reasonably necessary due to local conditions.

Section 2. Chapter 15.16 of the Yorba Linda Municipal Code is hereby amended in its entirety to read as follows:
“CHAPTER 15.16

ELECTRICAL CODE
Sections:

15.16.010 Electrical Code adopted.

15.16.020 Article 95 Administration - added.

15.16.030 Article 100 Definitions - amendments.

15.16.040 Article 110, Requirements for Electrical Installations – amendments.

15.16.050 Article 422 Appliances - amendments.

15.16.060 Annexes A, B, C, D, E, F & G, H, I and J – deleted

15.16.010. Documents Adopted.

There is hereby adopted by reference, as the Electrical Code of the City, the California Electrical Code, 2022 Edition with certain amendments, which incorporates the National Electrical Code, 2020 Edition, with certain amendments, published by the National Fire Protection Association, one certified copy of which is on file in the office of the City Clerk for public inspection and is adopted with the same force and effect as though set out herein in full. The California Electrical Code, 2022 Edition, as adopted herein, is amended as set forth in Sections 15.16.020 through 15.16.060.

15.16.020. Article 95 Administration – added.

Article 95 is hereby added to read as follows:

ARTICLE 95
Administration

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95.1 - Enforcement. The Building Official, or his authorized representative, shall perform all administrative functions necessary to insure compliance with all of the provisions of this Article and of all permits issued pursuant thereto.

95.2 - Application for Permit.
(a) Application. All applications for an electrical permit shall be in writing on forms furnished by the Building Department and shall be filled out in full, and state the location, by street and number, of the building or place, where the work is to be performed, the name and address of the owner, the name and address of the person who will do the work, and a statement that such person has, or facts showing that he is not required to have, a State Contractor’s license. All applications shall contain or be accompanied by a plan and statement in writing showing the entire amount of work contemplated, the character of such work, and a diagram of wiring showing all outlets, meter locations, conduit and wire sizes, the length of runs and circuits, and as nearly as possible, the manner in which all wire and other electrical connections and equipment are to be installed, together with all other information required by the Electrical Inspector and written permission from the person or persons in control of the premises where the work is to be done authorizing the Electrical Inspector to enter such premises and inspect all materials and work for which such permit is requested, and to ascertain whether such materials and work comply with provisions of this Article and the permit issued therefore. All plans submitted with a six-hundred (600) ampere service, or an aggregate amount of 600 ampere or larger multiple electrical services, shall be prepared by an Electrical Engineer, registered by the State of California, and each sheet shall bear his/her registration number and signature. (b) Expiration of Plan Review. An application for which no permit is issued within 180 days following the date of application shall automatically expire, 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 on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application may be extended one or more times by the building official for additional periods not exceeding 180 days each. An application shall not be extended if this code or any other pertinent laws or ordinances have been amended subsequent to the date of application. (c) Extension of an Application. An application for a permit may only be extended if a written request for an extension is received prior to the expiration of the permit application and a nonrefundable application fee of $73.00 is paid. The application for an extension shall state the reason for the extension and identify conditions beyond the control of the applicant which justify the extension. The application shall be reviewed by the Building Official and a decision to grant an extension or not shall be based upon the merits of the written request for the extension. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The payment of the $73.00 application fee shall not automatically

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grant an extension. Permit application extensions shall not be granted after the expiration of the original permit application and payment of plan review fees. Full plan review fees as set forth in the fee resolution adopted by the City Council shall be paid should the permit application expire.

95.3 - State Contractor’s License. No permit shall be issued by the Building Department for the performance of any act for which a State Contractor’s License is required by Article 9, Division 3, of the Business and Professions Code of the State of California, except to a person holding a valid State Contractor’s License issued pursuant thereto. No person shall perform any such act in the City of Yorba Linda without having such State Contractor’s License on his permit.

95.4 - Fees. For each permit required by this Article, there shall be charged and paid to the Building Department, a fee as established by resolution adopted by the City Council, and at the rate provided for each classification shown therein.

95.5 - Fee Refunds
103.4.4 Fee Refunds. . The building official may authorize refunding of a fee paid hereunder which was erroneously paid or collected.
103.4.4.1 The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
103.4.4.2 The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended.
103.4.3.3 The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

95.6 Reinspections. The Authority Having Jurisdiction shall have the authority to assess a reinspection fee for each inspection or reinspection when such portion of work for which inspection is requested is not complete or when required corrections have not been made. Reinspection fees may also be assessed when the approved plans are not readily available to the inspector, or failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the Building Official.

This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.

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Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official.

To obtain a reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee as established by resolution adopted by the City Council.

In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

95.7 - Permit.
a. No person shall install, revise, remodel, remove, repair, enlarge, alter, relocate, add to, replace, or move or connect any electrical current to, any electrical wiring, fixtures, appliances, apparatus, equipment, switches, cutouts, fuses, complete mains, meter loops, meter switches, cabinet boxes, ground or other connections, as a part of any building, structure, or real property in the City of Yorba Linda, or cause or permit any such acts to be done, without an application for a permit therefore having been filed with, or without a permit therefore having been issued by, and the fees therefore required by this Article paid to the Yorba Linda Building Department and not cancelled, or expired or without having such permit posted during the performance of all of such act, in a conspicuous place upon the property where such acts are performed. b. The Building Department, upon payment of the fees therefore, shall issue an electrical permit for all materials and work shown upon an application for such permit, that comply with the provisions of this Article. c. No electrical permit shall be issued without payment of the fees required therefor by this Article or for any material or work that does not comply with the provisions of this Article.
d. No person shall do any electrical work for which a permit has been issued under this Article and has expired or been cancelled.
e. No person shall install any material or do any work for which a permit is required by this Article after the final approval of the materials and work installed and done pursuant to such permit, without a new permit having been issued therefore.

95.8 Expiration is hereby amended to read as follows:

95.7 Expiration.

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(a) Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days, or within 12 months for residential construction, after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days any time after the work is commenced. The suspension or abandonment of work shall be defined as failing to obtain a formal approval of any required inspection as specified in Section 95.14 of this code within a 180 day time period. The Building Official is authorized to grant, in writing, one or more extensions for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. (b) Extension of a Permit. A permit may only be extended, with no additional permit fees charged, if a written request for an extension is received prior to the expiration of the permit and a nonrefundable application fee of $73.00 is paid. The application for an extension shall state the reason for the extension and identify conditions beyond the control of the applicant which justify the extension. The application shall be reviewed by the Building Official and a decision to grant an extension or not shall be based upon the merits of the written request for the extension. The building official is authorized to grant, in writing, one or more extensions of time for periods not more than 180 days each. No additional permit fees, other than the application fee of $73.00, shall be charged. Payment of the $73.00 application fee shall not automatically grant an extension. Permits which have become invalid shall pay a renewal fee of 50% of the original permit fee when the permit has been expired for up to one (1) year. When a permit has been expired for a period in excess of one (1) year, the renewal fee shall be 100% of the original permit fee.

95.9 - Use. No person shall use in, or on, any property, building or structure in the City of Yorba Linda any electrical current in any apparatus, appliance, connection, equipment, fixture, outlet, or wiring that has been installed, revised, remodeled or repaired, as a part of any such property, building or structure, for which a permit is required by this Article without such use having been, authorized in writing by this Building Official.

95.10 - Compliance.
a. No person shall perform any act authorized by a permit issued by the Building Department in any manner that fails to comply with any of the requirements of such permit or with any of the provisions of this Article. b. No person shall interfere with, or prevent, the discharge of the duties of the Building Official or Electrical Inspector or their right to enter upon any premises pursuant to permission of a person in control thereof.

95.11 - Inspection. The Electrical Inspector shall inspect all electrical wiring, fixtures, appliances, apparatus, equipment and connections, the use of which has been authorized by any permit. He shall also inspect all work of installation, revision,

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remodeling, replacements, removal and repair authorized by any electrical permit.

Inspections shall be made, when possible, within forty eight (48) hours, Saturdays, Sundays and holidays excepted, after a written, automated phone system, computer website or verbal inspection request to an authorized Building Division staff member is received by the Building Department.

95.12 - Investigation Fees – Work Without Permits.
(a) Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. A special investigation shall be made either by the building official, or a building inspector. Prior to any special inspection, all concealed structural and non-structural items shall be exposed so either the building official, or the inspector can conduct an accurate assessment of the non-permitted construction. The items to be exposed shall include, but not limited to, foundation, framing, electrical, plumbing and mechanical.
(b) Fee. An investigation fee, in addition to the permit, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law.
(c) Emergency Work. The investigation fee shall not apply to emergency work when it shall be demonstrated to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefore before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, an investigation fee as herein provided shall be charged.

95.13 - Request for Inspection. It shall be the responsibility of the owner or contractor doing electrical work, or having the same done, to request inspection of all electrical installations requiring and covered by an electrical permit. All requests for inspection shall indicate the type of work and the kind of inspection to be made; such as rough wiring, motors, fixtures, service, final electrical, etc., and shall specify the job address, the owners name and address, and the name and address of the person doing the work, the name and address of the person requesting the inspection, and the permit number.

95.14 - Required Inspections. The Electrical Inspector shall make at least one inspection of the rough wiring and one inspection of the finish wiring, fixtures and service panels. Additional inspections may be required during the progress of

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construction to verify that the installation is in conformance with the requirements of this code.

95.15 - Extra inspections: When extra inspections are necessary by reason of deficient or defective work, or otherwise through fault or error on the part of the holder of the permit or on the part of his employees, only one such extra inspection shall be made under the regular fees as herein prescribed; and the holder of the permit shall be entirely responsible for each and every subsequent extra visit or inspection. A reinspection fee shall be paid for every subsequent extra visit or inspection. The reinspection fee shall be established by resolution adopted by the City Council.

95.16 - Changes. When there are any changes or alterations to the approved plans or permit, at the request of the electrical inspector, owner, contractor or the design professional, the scope of work described on the permit and/or in the approved plans shall be revised to reflect the new scope of work. Revised plans shall be submitted to the Building Division, when required, and the scope of the permit shall be amended to reflect the revised scope of work. Upon review and approval of the revised plans and permit by the Building Division, and payment of any additional fees, a reinspection shall be requested.

95.17 - Moved Buildings. Where a building equipped with electrical systems has been moved from any location to another location in the City, the electrical systems in such building shall be made to conform to the provisions of the California Electrical Code for new construction and no person shall use said electrical systems, or permit them to be used, until it has been inspected and approved by the Electrical Inspector.

Appropriate plans shall be submitted and permits shall be obtained for all work performed on the electrical systems of any moved building.

95.18 - Exceptions. Where no installation of, or change to, any electrical system is made, this Article shall not require any inspection, or a permit, to install, set, use, repair, renew, remove, or replace any electrical motors, fixtures, fans, air conditioners, heaters, appliances, apparatus, machinery, or equipment consisting of a completed unit for use by connecting the same to an existing electrical outlet, or to install, remove, repair or renew switches, fuses, key sockets or receptacle, in duly installed and approved switch, fuse or receptacle boxes.

No inspection or permit shall be required for a public service corporation to install, alter, or repair any electrical wiring, devices, appliances or equipment for the use of such corporation in the generation, transmission, distribution, or metering of electrical energy, or the operation of signals, or the transmission of intelligence.

95.19 - Entry. No permit required by this Article shall be issued unless written permission is given, concurrent with the application therefore, for the Electrical Inspector to enter upon the property and make reasonable inspections of the material and work for which such permit is requested. Such inspections shall be conducted at

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reasonable times after the issuance of such permit and until such work has been completed in compliance with the provisions of this Article, the permit and the approved plans. The right of entry shall be granted until such time as all work described in the approved plans and on the permit has been approved by the Electrical Inspector. No entry shall be made a premises for the purpose of inspection without reasonable advance notice to, or a request from, the owner or occupant of any premises or buildings that are closed or occupied, unless access is granted through due process.

95.20 - Defects. No person shall use, or allow the use of, cause or permit the passing of any electrical current through, in or along, any electrical wiring, equipment, or installation, or any part thereof, in or about, any building or premise, within the City after a written notice is affixed in a conspicuous place on the premise by the Electrical Inspector. Such notice shall state that the premise has been found by the Building Official to be in a defective, dangerous or have an unsafe condition and specify the date and hour that such notice was so affixed. The notice shall state the time period suspension of electrical system use or the complete disconnection of electrical service to the premise. The defects specified by said notice shall be repaired, appropriate plans submitted, reviewed and approved and a permit issued prior to the resumption of the use of the electrical system of the premise. If the defects have not been repaired, and such permit to use said items has not been obtained within ten (10) days from the date said notice is so affixed, the Electrical Inspector shall cause the electric service thereto to be disconnected. No person shall thereafter reconnect, or use, any electrical system in or on the premise until permitted by the Building Official.

95.21 - Temporary Permits. The Electrical Inspector may give permission in writing for the temporary installation and the temporary use of current through, any wiring, apparatus or fixture, for a period of time not to exceed thirty (30) days, if and when such wiring, apparatus, or fixture, is in such condition that it may be used safely and there exists an urgent necessity for such use. The submission of appropriate plans and the obtaining of a permit may be required as determined by the Building Official.

95.22 - Change of Use. No person shall change the occupancy, or use, of any existing building in the City, which would place the building in a different occupancy group, as defined in the Building Code, unless such building is made to comply with the requirements of this Article for new construction for that occupancy group.

95.23 - Concealing Installations. No person shall conceal or cover, or cause or permit to be concealed or covered, any wiring, conduit, or other electrical equipment or system, before such system is inspected and accepted as required by this Article.

95.24 - Connection Permit. No person shall connect, or cause or permit to be connected, any electric current with or to any electric wiring, fixtures, appliances, apparatus, equipment, or property, for which a permit to install, revise, remodel, replace, remove or repair is required by this Article, without having first received from

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the Electrical Inspector a written permission to connect electric current thereto. Such permission to connect to the electrical service shall be issued by the Building Official at any time after he or the Electrical Inspector has inspected and approved the use of electrical current in, on, or through such electric wiring, fixtures, appliance, apparatus, equipment or property and verified that the electrical system is in substantial compliance with the approved plans and the permit.

95.25 - Materials. No person shall use or install electrical equipment, appliance, or materials authorized by the approved plans and/or permit issued pursuant to this Article unless approved by Underwriters' Laboratories or other recognized testing agency.

95.26 - Used Material. No person shall install previously used electrical materials in any installation authorized by the approved plans and/or permit issued pursuant to this Article without first obtaining approval from the Building Official.

15.16.030. Article 100 Definitions – amended.

Article 100 Definitions, is hereby amended to add the following definition to read as follows:

Continuous Special Inspection. Continuous inspection to be performed by a qualified Special Inspector who shall demonstrate his competence, to the satisfaction of the Building Official, for continuous inspection of the particular type of electrical installation or operation requiring special inspection as determined by the Building Official. The Special Inspector shall observe the work described in the approved plans and permit to verify conformance to the approved plans, permit and applicable codes and installation standards. The Special Inspector shall furnish a written inspection report to the Building Official within 48 hours of the completion of all electrical work requiring Special Inspection, including a final signed report indicating conformance with applicable provisions of the Code. The Special Inspector shall immediately notify the Building Official, in writing, of any variations from the approved plans or the permit which are not corrected by the person performing the work or any installation or procedure which may cause an immediate fire or life safety hazard. The Building Official shall inspect the work being performed and issue the appropriate correction notice or stop work order.

15.16.040. Article 110 Requirements for Electrical Installations - amendments. 110.5 Conductors, is hereby amended to read as follows:
110.5. Conductors. Conductors normally used to carry current shall be of copper unless otherwise provided in this Code. Where the conductor material is not specified, the material and the sizes given in this Code shall apply to copper conductors. Where other materials are used, the size shall be changed accordingly.

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FNP: For aluminum and copper-clad aluminum conductors, see Section 310-15.

Aluminum conductors smaller than #6 AWG may be used provided that the method of connection is approved in advance by the Building Official and the installation is made under continuous special inspection.

15.16.050. Article 422 Appliances – amendments.

Section 422.10 Branch-Circuit Rating is hereby amended to add subsection (C) to read as follows:
(C) In every dwelling unit, fixed appliances such as food waste grinders, dishwashers, washing machines, dryers, laundry tray locations, built-in refrigerators, built-in freezers, furnaces, air conditioners and built-in heaters, or any other fixed appliances, with a motor of 1/4 h.p. or larger, shall be on a separate 20 ampere branch circuit unless the Building Official is provided evidence that an alternative circuit is adequate in accordance with the provisions of this Code.

15.16.060. Annexes A, B, C, D, E, F & G, H, I and J – deleted Annexes A, B, C, D, E, F & G, H, I and J are hereby deleted in their entirety.

Section 3. Ordinance No. 2019-1065 is hereby repealed in its entirety.

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PAGE NO. 12
Section 6. Effective Date. This ordinance shall take effect on January 1, 2023. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 6
th day of December, 2022.
___________________________________

TARA CAMPBELL MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
__________________________

CITY ATTORNEY

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ORDINANCE NO. 2022-1096
PAGE NO. 13

STATE OF CALIFORNIA )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on this 6
th day of December, 2022, and was carried
by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 183 of 396 ends

ORDINANCE NO. 2022-1097

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA AMENDING CHAPTER 15.06 OF THE

YORBA LINDA MUNICIPAL CODE AND ADOPTING BY

REFERENCE THE CALIFORNIA MECHANICAL CODE,
2022 EDITION, WHICH INCORPORATES AND AMENDS
THE UNIFORM MECHANICAL CODE, 2019 EDITION, WITH

CERTAIN APPENDICES AND AMENDMENTS, AND
REPEALING ORDINANCE NO. 2019-1066
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the California Building Standards Code (California Code of Regulations, Title 24) adopting certain uniform codes, including the California Mechanical Code, 2022 Edition (which incorporates and amends the Uniform Mechanical Code, 2021 Edition), with certain appendices and amendments; and
WHEREAS, California Health and Safety Code Sections 17958 et seq. and 18941.5 authorizes cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City of Yorba Linda desires to adopt the California Mechanical Code, as adopted by the State of California Building Standards Commission in Title 24 of the California Code of Regulations (the “Mechanical Code”), with certain appendices and amendments to assure the Mechanical Code is tailored to the particular safety needs of the City of Yorba Linda as required by its unique climatic, geological and topographical conditions; and
WHEREAS, the City Council held a public hearing on December 6, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Mechanical Code, as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 24, 2022 and December 1, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. To the extent that the following changes and modifications to the California Mechanical Code, 2022 Edition, are deemed more restrictive than the standards contained therein, thus requiring that findings be made pertaining to local conditions justifying such modifications, the City Council adopted Resolution No. 2022-

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ORDINANCE NO. 2022-1097
PAGE NO. 2
5828 that found and determined that the following changes and modifications are reasonably necessary due to local conditions.

Section 2. Chapter 15.06 of the Yorba Linda Municipal Code is hereby amended in its entirety to read as follows:

CHAPTER 15.06

MECHANICAL CODE
Sections:

15.06.010 Mechanical Code Adopted.

15.06.020 Chapter 1, Division II, Administration - amendments.

15.24.030 Appendix A, Residential Plan Examiner Review Form for HVAC System Design - deleted

15.24.040 Appendix B, Procedures to be Followed to Place Gas Equipment in Operation - deleted

15.24.050 Appendix C, Installation and Testing of Oil (Liquid) Fuel-Fired Equipment - deleted

15.24.060 Appendix D, Fuel Supply: Manufactured/Mobile Home Parks and Recreation Vehicle Parks - deleted

15.24.070 Appendix E, Sustainable Practices – deleted

15.24.080 Appendix F, Geothermal Energy Systems – deleted

15.24.090 Appendix G, Sizing of Venting Systems and Outdoor Combustion and Ventilation Opening Design - adopted

15.24.100 Appendix H, Example Calculation of Outdoor Air Rate - deleted

15.06.010. Mechanical Code Adopted.

There is hereby adopted by reference, as the Mechanical Code of the City, the California Mechanical Code, 2022 Edition, with certain appendices and amendments, which incorporates and amends the Uniform Mechanical Code, 2019 Edition, with certain appendices and amendments, published by the International Association of Plumbing and Mechanical Officials, one certified copy of which is on file in the office of the City Clerk for public inspection and is adopted with the same force and effect as though set out herein in full. The California Mechanical Code, 2022 Edition, as adopted herein, is amended as set forth in Sections 15.06.020 through 15.06.090.

15.06.020 Chapter 1, Division II, Administration - amendments.

Sections 107.0, 107.1 and 107.2 Board of Appeals are hereby deleted in their entirety.

Section 104.4.3 Expiration is hereby amended to read as follows:

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ORDINANCE NO. 2022-1097
PAGE NO. 3
104.4.3 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days any time after the work is commenced. The suspension or abandonment of work shall be defined as failing to obtain a formal approval of any required inspection as specified in Section 105.2 of this code within a 180 day time period. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Section 104.4.4 Extensions is amended to read as follows:
104.4.4 Extension of a Permit. A permit may only be extended, with no additional permit fees charged, if a written request for an extension is received prior to the expiration of the permit and a nonrefundable application fee of $73.00 is paid. The application for an extension shall state the reason for the extension and identify conditions beyond the control of the applicant which justify the extension. The application shall be reviewed by the Building Official and a decision to grant an extension or not shall be based upon the merits of the written request for the extension. No additional permit fees, other than the application fee of $73.00 shall be charged. Payment of the $73.00 application fee shall not automatically grant an extension. Permits which have become invalid shall pay a renewal fee of 50% of the original permit fee when the permit has been expired for up to one (1) year. When a permit has been expired for a period in excess of one (1) year, the renewal fee shall be 100% of the original permit fee.

Section 104.5 Fees is hereby amended to read as follows:
104.5. Permit Fees. Fees shall be assessed in accordance with the provisions of this section and as established by resolution adopted by the City Council.

Section 104.3.2 Plan Review Fees is hereby amended to revise the third paragraph to read as follows:

When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged as established by resolution adopted by the City Council.

Section 104.3.3 Time Limitation of Application is hereby amended to read as follows:
104.3.3 Time Limitation of Application. An application for which no permit is issued within 180 days following the date of application shall automatically expire, 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 on written request by the

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ORDINANCE NO. 2022-1097
PAGE NO. 4
applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application may be extended one or more times by the building official for additional periods not exceeding 180 days each. An application shall not be extended if this code or any other pertinent laws or ordinances have been amended subsequent to the date of application.

Full plan review fees as set forth in the fee resolution adopted by the City Council shall be paid should the permit application expire.

Sections 104.5.1 Work Commencing Before Permit Issuance is hereby deleted.

Section 104.5.2 – Investigation Fees is hereby amended to read as follows:
104.5.2 Investigation Fees – Work Without Permits.
104.5.2.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work A special investigation shall be made either by the building official, or a building inspector.

Prior to any special inspection, all concealed structural and non-structural items shall be exposed so either the building official, or the inspector can conduct an accurate assessment of the non-permitted construction. The items to be exposed shall include, but not limited to, foundation, framing, electrical, plumbing and mechanical.
104.5.2.2 Fee. An investigation fee, in addition to the permit, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law.
104.5.2.3 Emergency Work. The investigation fee shall not apply to emergency work when it shall be demonstrated to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefore before commencement of the work. In all such cases, a

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ORDINANCE NO. 2022-1097
PAGE NO. 5
permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, an investigation fee as herein provided shall be charged.

Section 104.5.3 Fee Refunds is hereby amended to read as follows:
104.5.3 Fee Refunds. . The building official may authorize refunding of a fee paid hereunder which was erroneously paid or collected.
104.5.3.1 The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
104.5.3.2 The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended.
104.5.3.3 The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

Section 105.2.6 Reinspections is hereby amended to read as follows:
105.2.6 Reinspections. The Authority Having Jurisdiction shall have the authority to assess a reinspection fee for each inspection or reinspection when such portion of work for which inspection is requested is not complete or when required corrections have not been made. Reinspection fees may also be assessed when the approved plans are not readily available to the inspector, or failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the Building Official or requesting a reinspection of the same item three or more times.

In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

Section 105.2.7 Extra Inspections is added to read as follows:

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ORDINANCE NO. 2022-1097
PAGE NO. 6
105.2.7 Extra inspections: When extra inspections are necessary by reason of deficient or defective work, or otherwise through fault or error on the part of the holder of the permit or on the part of his employees, only one such extra inspection shall be made under the regular fees as herein prescribed; and the holder of the permit shall be entirely responsible for each and every subsequent extra visit or inspection. A reinspection fee shall be paid for every subsequent extra visit or inspection. The reinspection fee shall be established by resolution adopted by the City Council Table 104.5 “Mechanical Permit Fees” is hereby deleted in its entirety and all references to Table 104.5 are amended to read “in accordance with resolution adopted by the City Council.”

15.24.030. Appendix A, Residential Plan Examiner Review Form for HVAC System Design – deleted.

Appendix A, Residential Plan Examiner Review Form for HVAC System Design is hereby deleted in its entirety.

15.24.040. Appendix B, Procedures to be Followed to Place Gas Equipment in Operation – deleted.

Appendix B, Procedures to be Followed to Place Gas Equipment in Operation is hereby deleted in its entirety.

15.24.050. Appendix C, Installation and Testing of Oil (Liquid) Fuel-Fired Equipment – deleted.

Appendix C, Installation and Testing of Oil (Liquid) Fuel-Fired Equipment is herby deleted in its entirety.

15.24.060. Appendix D, Fuel Supply: Manufactured/Mobile Home Parks and Recreation Vehicle Parks – deleted.

Appendix D, Fuel Supply: Manufactured/Mobile Home Parks and Recreation Vehicle Parks is hereby deleted in its entirety

15.24.070. Appendix E, Sustainable Practices – deleted.

Appendix E, Sustainable Practices is hereby deleted in its entirety.

15.24.080. Appendix F, Geothermal Energy Systems – deleted.

Appendix F, Geothermal Energy Systems is hereby deleted in its entirety.

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ORDINANCE NO. 2022-1097
PAGE NO. 7

15.24.090. Appendix G, Sizing of Venting Systems and Outdoor Combustion and Ventilation Opening Design – adopted.

Appendix G, Sizing of Venting Systems and Outdoor Combustion and Ventilation Opening Design is hereby adopted in its entirety.

15.24.100. Appendix H, Example Calculation of Outdoor Air Rate – deleted.

Appendix H, Example Calculation of Outdoor Air Rate is hereby deleted in its entirety.

Section 3. Ordinance No. 2019-1066 is hereby repealed in its entirety.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 6
th day of December, 2022.
__________________________________
MAYOR

CITY OF YORBA LINDA
ATTEST:

Page 190 of 396 ends

ORDINANCE NO. 2022-1097
PAGE NO. 8
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
__________________________

CITY ATTORNEY

STATE OF CALIFORNIA )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on this 6
th day of December, 2022, and was carried
by the following roll call vote:

AYES: COUNCILMEMBERS: Campbell, Haney, Hernandez, Huang, Rodriguez NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 191 of 396 ends

ORDINANCE NO. 2022-1098

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA AMENDING CHAPTER 15.24 OF THE

YORBA LINDA MUNICIPAL CODE AND ADOPTING BY
REFERENCE THE CALIFORNIA PLUMBING CODE, 2022

EDITION, WHICH INCORPORATES AND AMENDS THE
UNIFORM PLUMBING CODE, 2019 EDITION, WITH

CERTAIN APPENDICES AND AMENDMENTS, AND
REPEALING ORDINANCE NO. 2019-1067
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the California Building Standards Code (California Code of Regulations, Title 24) adopting certain uniform codes, including the California Plumbing Code, 2022 Edition (which incorporates and amends the Uniform Plumbing Code, 2019 Edition), with certain appendices, amendments and Installation Standards; and WHEREAS, California Health and Safety Code Sections 17958 et seq. and 18941.5 authorizes cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City of Yorba Linda desires to adopt the California Plumbing Code, as adopted by the State of California Building Standards Commission in Title 24 of the California Code of Regulations, with necessary amendments to assure the Codes are tailored to the particular safety needs of the City of Yorba Linda as required by its unique climatic, geological and topographical conditions; and
WHEREAS, the City Council held a public hearing on December 6, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the California Plumbing Code, 2022 Edition, as amended herein; and WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 24, 2022 and December 1, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. To the extent that the following changes and modifications to the California Plumbing Code, 2022 Edition, are deemed more restrictive than the standards contained therein, thus requiring that findings be made pertaining to local conditions justifying such modifications, the City Council adopted Resolution No. 2022-5828 that

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ORDINANCE NO. 2022-1098
PAGE NO. 2
found and determined that the following changes and modifications are reasonably necessary due to local conditions.

Section 2. Chapter 15.24 of the Yorba Linda Municipal Code is hereby amended in its entirety to read as follows:
“CHAPTER 15.24

PLUMBING CODE
Sections:

15.24.010 Plumbing Code Adopted.

15.24.020 Chapter 1, Division II Amended-Administration.

15.24.030 Chapter 6 Water Supply and Distribution – amendments.

15.24.040 Appendix A, Recommended Rules for Sizing the Water Supply System - Adopted

15.24.050 Appendix B, Explanatory Notes on Combination Waste and Vent Systems - adopted

15.24.060 Appendix C, Alternate Plumbing Systems - deleted

15.24.070 Appendix D, Sizing Storm Water Drainage Systems – adopted with amendments

15.24.080 Appendix E, Manufactured/Mobile Home Parks and Recreational Vehicle Parks –deleted

15.24.090 Appendix F, Firefighter Breathing Air Replenishment Systems - deleted

15.24.100 Appendix G, Sizing of Venting Systems - adopted

15.24.110 Appendix H, Private Sewage Disposal Systems – adopted with amendments

15.24.120 Appendix I, Installation Standards - adopted

15.24.130 Appendix J, Combination of Indoor and Outdoor Combustion and Ventilation Opening Design - deleted

15.24.140 Appendix K, Potable Rainwater Catchment Systems - deleted

15.24.150 Appendix L, Sustainable Practices – deleted

15.24.160 Appendix M, Peak Water Demand Calculator – deleted.

15.24.170 Appendix N, Impact of Water Temperature on the Potential for Scalding and Legionella Growth – deleted

15.24.010. Plumbing Code Adopted.

There is hereby adopted by reference, as the Plumbing Code of the City, the California Plumbing Code, 2022 Edition, with certain appendices and amendments, which incorporates and amends the Uniform Plumbing Code, 2021 Edition with certain appendices and amendments, published by the International Association of Plumbing and Mechanical Officials, one certified copy of which is on file in the office of the City Clerk for

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ORDINANCE NO. 2022-1098
PAGE NO. 3
public inspection and is adopted with the same force and effect as though set out herein in full. The California Plumbing Code, 2022 Edition, as adopted herein is amended as set forth in Sections 15.24.020 through 15.16.160.

15.24.020. Chapter 1, Division II Administration – amendments.

Section 104.2(3) is hereby added to read as follows:
104.2(3). The reinstallation of kitchen and lavatory faucets, water closets, dishwashers, garbage disposals and water softeners do not require a permit.

Section 104.4.3 Expiration is hereby amended to read as follows:
104.4.3 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days any time after the work is commenced. The suspension or abandonment of work shall be defined as failing to obtain a formal approval of any required inspection as specified in Section 105.2 of this code within a 180 day time period. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Section 104.4.4 Extensions is amended to read as follows:
104.4.4 Extension of a Permit. A permit may only be extended, with no additional permit fees charged, if a written request for an extension is received prior to the expiration of the permit and a nonrefundable application fee of $73.00 is paid. The application for an extension shall state the reason for the extension and identify conditions beyond the control of the applicant which justify the extension. The application shall be reviewed by the Building Official and a decision to grant an extension or not shall be based upon the merits of the written request for the extension. No additional permit fees, other than the application fee of $73.00, shall be charged. Payment of the $73.00 application fee shall not automatically grant an extension. Permits which have become invalid shall pay a renewal fee of 50% of the original permit fee when the permit has been expired for up to one (1) year. When a permit has been expired for a period in excess of one (1) year, the renewal fee shall be 100% of the original permit fee.

Section 104.5 Fees is hereby amended in its entirety to read as follows:
104.5 Permit Fees. Fees shall be assessed in accordance with the provisions of this section and as established by resolution adopted by the City Council.

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ORDINANCE NO. 2022-1098
PAGE NO. 4
Section 104.3.2 Plan Review Fees is hereby amended to revise the fourth paragraph to read as follows:

When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged as established by resolution adopted by the City Council.
104.3.3 Time Limitation of Application is hereby amended to read as follows:
104.3.3 Time Limitation of Application. An application for which no permit is issued within 180 days following the date of application shall automatically expire, 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 on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application may be extended one or more times by the building official for additional periods not exceeding 180 days each. An application shall not be extended if this code or any other pertinent laws or ordinances have been amended subsequent to the date of application.

Full plan review fees as set forth in the fee resolution adopted by the City Council shall be paid should the permit application expire.

Section 104.5.1 Work Commencing Before Permit Issuance is hereby deleted.

Section 104.5.2 – Investigation Fees is hereby amended to read as follows:
104.5.2 Investigation Fees – Work Without Permits.
104.5.2.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. A special investigation shall be made either by the building official, or a building inspector.

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ORDINANCE NO. 2022-1098
PAGE NO. 5
shall include, but not limited to the foundation, framing, electrical, plumbing and mechanical.
104.5.2.2 Fee. An investigation fee, in addition to the permit, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law.
104.5.2.3 Emergency Work. The investigation fee shall not apply to emergency work when it shall be demonstrated to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefore before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, an investigation fee as herein provided shall be charged.

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ORDINANCE NO. 2022-1098
PAGE NO. 6
This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection.

In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

Section 105.2.7 Extra Inspections is added to read as follows:
105.2.7 Extra inspections: When extra inspections are necessary by reason of deficient or defective work, or otherwise through fault or error on the part of the holder of the permit or on the part of his employees, only one such extra inspection shall be made under the regular fees as herein prescribed; and the holder of the permit shall be entirely responsible for each and every subsequent extra visit or inspection. A reinspection fee shall be paid for every subsequent extra visit or inspection. The reinspection fee shall be established by resolution adopted by the City Council Table 104.5 “Plumbing Permit Fees” is deleted in its entirety and all references to Table 104.5 are amended to read “in accordance with resolution adopted by the City Council.”

15.24.030. Chapter 6 Water Supply and Distribution – amendments.

Section 610.8 Size of Meter and Building Supply Pipe Using Table 6- 4 is hereby amended to revise the last sentence to read as follows:

No building supply shall be less than three-quarter (3/4) inch (20 mm) in diameter and not less than one (1) inch in diameter for each single-family residential structure. Each single-family residential structure shall have a minimum of two (2) three-quarter (3/4) inch hose bibs, one located readily accessible to the front yard and one readily accessible to the rear yard.

15.24.040. Appendix A, Recommended Rules for Sizing the Water Supply System – adopted.

Appendix A, Recommended Rules for Sizing the Water Supply System is hereby adopted in its entirety.

15.24.050. Appendix B, Explanatory Notes on Combination Waste and Vent Systems – adopted.

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ORDINANCE NO. 2022-1098
PAGE NO. 7
Appendix B, Explanatory Notes on Combination Waste and Vent Systems is hereby adopted in its entirety.

15.24.060. Appendix C, Alternate Plumbing Systems – deleted.

Appendix C, Alternate Plumbing Systems is hereby deleted in its entirety.

15.24.070. Appendix D, Sizing Storm Water Drainage Systems – adopted with amendments.

Appendix D, Sizing Storm Water Drainage Systems is herby adopted.

Section D 101.1 Applicability is hereby amended by adding a new paragraph to read as follows:

The established rainfall rate, for roof drainage design for the City of Yorba Linda shall be based upon a rate of six (6) inches per hour for a duration of 60 minutes, 100-year return.

15.24.080. Appendix E, Manufactured/Mobile Home Parks and Recreational Vehicle Parks – deleted.

Appendix E, Manufactured Mobile Home Parks and Recreational Vehicle Parks is hereby deleted in its entirety.

15.24.090. Appendix F, Firefighter Breathing Air Replenishment Systems – deleted.

Appendix F, Firefighter Breathing Air Replenishment Systems is hereby deleted in its entirety.

15.24.100. Appendix G, Sizing of Venting Systems – adopted.

Appendix G, Sizing of Venting Systems is hereby adopted in its entirety.

15.24.110. Appendix H, Private Sewage Disposal Systems – adopted with amendments.

Appendix H Private Sewage Disposal Systems is hereby adopted.

Section H101.1 Applicability, is hereby amended to add a new paragraph to read as follows:

Private disposal systems may only consist of a septic tank, seepage pit(s), disposal fields and associated plumbing lines. Cesspools shall not be allowed. All

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ORDINANCE NO. 2022-1098
PAGE NO. 8
requirements and standards included in this Appendix relating to cesspool shall not apply.

Section H1101.0 Abandon Sewers and Sewage Disposal Facilities, is hereby amended to add Subsection H 1101.6 to read as follows:

H 1101.6 Unattended Excavations. No such unfilled septic tank, drywell or excavation shall be left unattended at any time unless the permittee shall have first provided a suitable and adequate barricade to assure public safety.

15.24.120. Appendix I, Installation Standard For PEX Tubing Systems For Hot- and Cold- Water Distribution – adopted.

Appendix I, Installation Standards For PEX Tubing Systems For Hot – and – Cold Water Distribution is hereby adopted in its entirety.

15.24.130. Appendix J, Combination of Indoor and Outdoor Combustion and Ventilation Opening Design – deleted
Appendix J, Combination of Indoor and Outdoor Combustion and Ventilation Opening Design is hereby deleted in its entirety.

15.24.140 Appendix K, Potable Rainwater Catchment Systems – deleted.

Appendix K, Potable Rainwater Catchment Systems is hereby deleted in its entirety.

15.24.150 Appendix L, Sustainable Practices – deleted.

Appendix L, Sustainable Practices is hereby deleted in its entirety.

15.24.160 Appendix M, Peak Water Demand Calculator – deleted.

Appendix M, Peak Water Demand Calculator is hereby deleted in its entirety.

15.24.170 Appendix N, Impact of Water Temperature on the Potential for Scalding and Legionella Growth – deleted.

Appendix N, Impact of Water Temperature on the Potential for Scalding and Legionella Growth is hereby deleted in its entirety.

Section 3. Ordinance No. 2019-1067 is hereby repealed in its entirety.

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ORDINANCE NO. 2022-1098
PAGE NO. 9
the City had previously adopted in substantial form. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption with the Orange County Clerk’s Office within five (5) working days of the approval of this ordinance.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 6
th day of December, 2022.
___________________________________
MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
__________________________

CITY ATTORNEY

STATE OF CALIFORNIA )
ss.

Page 200 of 396 ends

ORDINANCE NO. 2022-1098
PAGE NO. 10

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on this 6
th day of December, 2022, and was carried
by the following roll call vote:

AYES: COUNCILMEMBERS: Campbell, Haney, Hernandez, Huang, Rodriguez NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 201 of 396 ends

ORDINANCE NO. 2022-1099

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA AMENDING CHAPTER 15.08 OF THE

YORBA LINDA MUNICIPAL CODE AND ADOPTING BY
REFERENCE THE CALIFORNIA FIRE CODE, 2022

EDITION, WHICH INCORPORATES AND AMENDS THE
INTERNATIONAL FIRE CODE, 2021 EDITION, WITH

CERTAIN APPENDICES AND AMENDMENTS, AND
REPEALING ORDINANCE NO. 2019-1068
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the California Building Standards Code (California Code of Regulations, Title 24) adopting certain uniform codes, including the California Fire Code, 2022 Edition, (which incorporates and amends the International Fire Code, 2021 Edition), with certain appendices and amendments; and
WHEREAS, California Health and Safety Code Sections 17958 et seq. and 18941.5 authorize cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City of Yorba Linda desires to adopt the California Fire Code, 2019 Edition, which is a part of the California Building Standards Code, as adopted by the State of California Building Standards Commission in Title 24 of the California Code of Regulations (the “Fire Code”), with certain appendices and amendments to assure the Fire Code is tailored to the particular safety needs of the City of Yorba Linda as required by its unique climatic, geological and topographical conditions; and WHEREAS, the City Council held a public hearing on December 6, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the California Fire Code, 2022 Edition, as amended herein; and WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 24, 2022 and December 1, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. To the extent that the following changes and modifications to the California Fire Code, 2022 Edition, are deemed more restrictive than the standards contained therein, thus requiring that findings be made pertaining to local conditions

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justifying such modifications, the City Council adopted Resolution No. 2022-5828 that found and determined that the following changes and modifications are reasonably necessary due to local conditions.

Section 2. Chapter 15.08 of the Yorba Linda Municipal Code is amended in its entirety to read as follows:
“CHAPTER 15.08

FIRE CODE
Sections:

15.08.010 Fire Code Adopted.

15.08.020 Enforcement and Inspection.

15.08.030 Chapter 1, Division II-Administration - amendments.

15.08.040 Chapter 2 Definitions - amendments.

15.08.050 Chapter 3 General Requirements -- amendments.

15.08.060 Chapter 4 Emergency Planning and Preparedness – amendments.

15.08.070 Chapter 5 Fire Service Features – amendments.

15.08.080 Chapter 9 Fire Protection Systems – amendments.

15.08.090 Chapter 25 Fruit and Crop Ripening – deleted

15.08.100 Chapter 26 Fumigation and Insecticidal Fogging – deleted

15.08.110 Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities – amendments.

15.08.120 Chapter 49 Requirements for Wildland-Urban Interface Fire Areas – amendments.

15.08.130 Chapter 50 Hazardous Materials – General Provisions – amendments.

15.08.140 Chapter 56 Explosives and Fireworks – amendments.

15.08.150 Chapter 57 Flammable and Combustible Liquids – amendments

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15.08.160 Chapter 58 Flammable Gasses and Flammable Cryogenic Fluids – amendments

15.08.170 Chapter 80 Referenced Standards – amendments.

15.08.180 Appendix A Board of Appeals – deleted.

15.08.190 Appendix B Fire-Flow Requirements for Buildings – adopted.

15.08.200 Appendix BB Fire-Flow requirements for Buildings – adopted.

15.08.210 Appendix C Fire Hydrant Locations and Distribution – adopted.

15.08.220 Appendix CC Fire Hydrant Locations and Distribution – adopted.

15.08.230 Appendix D Fire Apparatus Access Roads – deleted.

15.08.240 Appendix E Hazard Categories – deleted.

15.08.250 Appendix F Hazard Ranking – deleted.

15.08.260 Appendix G Cryogenic Fluids – Weight and Volume Equivalents -- deleted.

15.08.270 Appendix H Hazardous Materials Management Plans (HMMP) and Hazardous Materials Inventory Statements (HMIS) Instructions– adopted.

15.08.280 Appendix I Fire Protection Systems – Noncompliant Conditions – deleted.

15.08.290 Appendix J Building Information Sign – deleted.

15.08.300 Appendix K Construction Requirements for Existing Ambulatory Care Facilities -- deleted.

15.08.310 Appendix L Requirements for Fire Fighter Air Replenishment Systems – deleted.

15.08.320 Appendix M High Rise Buildings – Retroactive Automatic Sprinkler Requirements – deleted.

18.08.330 Appendix N Indoor Trade Shows and Exhibitions – deleted.

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15.08.340 Appendix O Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses – deleted.

15.08.010 Fire Code Adopted.

There is hereby adopted by reference, as the Fire Code of the City, the 2022 California Fire Code, based on the International Fire Code, 2021 Edition, with errata and certain appendices, published by the International Code Council (ICC), and the whole thereof, for the purpose of prescribing regulations covering conditions hazardous to the life and property from fire or explosion, save and exempt such portions as are hereinafter added, deleted or amended. One copy of all the above is on file in the office of the City Clerk for public inspection and is adopted with the same force and effect as though set out herein in full. The California Fire Code, 2022 Edition, as adopted herein, is amended as set forth in Sections 15.08.020 through 15.08.360.

15.08.020 Enforcement and Inspection.

The California Fire Code and the International Fire Code with amendments shall be enforced by the Orange County Fire Authority, which shall be operated under the Fire Chief of the Orange County Fire Authority. The Fire Chief of the Orange County Fire Authority may detail such members of the fire authority as shall be necessary from time to time.

15.08.030 Chapter 1, Division II, Administration – amendments.

Chapter 1, Division II Administration. Adopt Chapter 1 in its entirety, with the exception of Section 109, and with the following amendments:

Section 112.4 Violation penalties is hereby amended to read as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 112.4.2 Infraction and misdemeanor is hereby added as follows:
112.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.

Persons who fail to take immediate action to abate a fire or life safety hazard when

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ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.

15.08.040 Chapter 2 Definitions – amendments.

Chapter 2 Definitions is adopted in its entirety with the following amendments:

Sections 202 General Definitions is hereby revised by adding “OCFA” and “Spark Arrester” as follows:
202 General Definitions
OCFA: Orange County Fire Authority, fire authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

15.08.050 Chapter 3 General Requirements – amendments
Chapter 3 General Requirements. Adopt Chapter 3 in its entirety, with the exception of Sections 308.1.4, 311.5 through 311.5.5, 318, and 319, and with the following amendments:

Section 304.1.2 Vegetation is hereby amended to read as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.”
Section 305.6 Hazardous Conditions is hereby added as follows:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:

1. when predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared

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2. when an official sign was caused to be posted by the fire code official, or a public announcement is made
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.

Section 305.7 Disposal of rubbish is hereby added as follows:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

Section 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is hereby revised as follows:

SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE

RINGS, AND PORTABLE OUTDOOR FIREPLACES
Sections 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies is hereby added as follows:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

Section 307.6.1 Gas-fueled devices is hereby added as follows:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within (3) three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be (10) ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

Section 307.6.2 Devices using wood or fuels other than natural gas or liquefiedpetroleum gas is hereby added as follows:

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307.6.2 Devices using wood or fuels other than natural gas or liquefiedpetroleum gas.

Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within (25) feet of combustible structures unless within an approved permanent fireplace.

Conditions which could cause a fire to spread within (25) feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Newly constructed outdoor wood fueled fireplaces, fire pits, fire rings, or similar exterior wood burning devices are prohibited per SCAQMD Rule 445.

Exceptions:

1. Existing permitted wood burning fireplaces, fire pits, fire rings or similar wood burning devises equipped with a device to arrest embers and sparks and located (3) feet from combustible construction at R-3 occupancies.

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least (15) feet from combustible structures at R occupancies

3. Barbeques, grills and other portable devices intended solely for cooking.

Section 307.6.2.1 Where prohibited is hereby added as follows:
307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), WildlandUrban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Existing permitted permanent fireplaces, fire pits, fire rings, or similar wood burning devices that are not located in a fuel modification zone

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

Section 308.1.6.3 Sky lanterns is hereby revised as follows:
308.1.6.3 Sky lanterns. A person shall not ignite, release, or cause to be released a sky lantern.

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Section 324 Fuel Modification Requirements for New Construction is hereby added as follows:
324.Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
Section 325 Clearance of brush or vegetation growth from roadways is hereby added as follows:
325 Clearance of brush or vegetation growth from roadways. The fire code official is authorized
The fire code official is authorized to cause areas within (10) feet on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth.

Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

Section 326 Unusual Circumstances is hereby added as follows:
326 Unusual Circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measure(s) designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain

2. Danger of erosion

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county – approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of threes or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

Section 327 Use of Equipment is hereby added as follows:

Section 327 Use of Equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the

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engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all the exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.

Section 327.1 Use of Equipment and devices generating heat, sparks or open flames is hereby added as follows:
327.1 Use of Equipment and devices generating heat, sparks or open flames.

During anytime of year within Wildfire Risk Area’s, within or immediately adjacent to any forest or brush-covered land or non–irrigated grass–covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

1. First clearing away all flammable material, including snags, from the area around such operation for a distance of (30) feet or other approved method to reduce fire spread into the wildlands. If (30) feet clearing cannot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.

2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

3. Stop Work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

4. Keep a cell phone nearby and call 911 immediately in case of fire.

Section 327.2 Spark Arresters is hereby added as follows:
327.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

15.08.060 Chapter 4 Emergency Planning and Preparedness – amendments.

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Chapter 4 Emergency Planning and Preparedness. Adopt only those sections and subsections adopted by the SFM with the following amendment. 401 – 401.9
402
403.1
403.2
403.4 – 403.4.4
403.10.2.1.1
403.10.6
403.12 – 403.12.3
404.5 – 404.6.6
407
Section 407.5 is revised to read as follows:
407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall include OCFA’s Chemical Classification Guideline in accordance with Section 5001.5.2.

15.08.070 Chapter 5 Fire Service Features. – amendments.

Chapter 5 Fire Service Features is adopted in its entirety as amended by SFM with the following amendments:

SECTION 501.1 Scope is revised to read as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-01, “Fire Master Plan for Commercial & Residential Development.” Section 510.1 Emergency responder radio coverage in new buildings is revised to read as follows:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the requirements of the Orange County Sheriff’s Department, Communications and Technology Division, and, where the functionality or performance requirements in the California Fire Code are more stringent, in this code.

Exceptions:

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1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.

Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.

2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.

15.08.080 Chapter 9 Fire Protection and Life Safety Systems – amendments.

Adopt Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety with the following amendments:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.20 an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.

Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that

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are smaller than the area specified in Section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.

2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet
b. When an addition exceeds 2000 square feet, and the resulting building area exceeds 5000 square feet.
c. An additional story is added above the second floor regardless of fire areas or allowable area.

Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8 (2).

1. New Buildings: An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. When the floor area of alterations within any two-year period exceeds 50 percent of the gross floor area of the existing structure and the building gross floor area exceeds 4,800 square feet: or
b. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

Exceptions:

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2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one bedridden client and complying with Section 435.8.3.3 of the California Building Code.

3. Pursuant to Health and Safety Code, Section 13113, occupancies housing ambulatory children only, none of whom are mentally ill children or children with intellectual disabilities, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and building or portions thereof housing such children have an automatic fire alarm system activated by approved smoke detectors.

An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or R-4 occupancies.

Section 903.3.5.3 Hydraulically calculated systems is hereby added to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3
90100 110 120 130 140 150
PSI
85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems

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15.08.090 Chapter 11 Construction Requirements for Existing Buildings – amendments.

15.08.090 Chapter 25 Fruit and Crop Ripening – deleted
Chapter 25 Fruit and Crop Ripening is deleted in its entirety.

15.08.100 Chapter 26 Fumigation and Insecticidal Fogging – deleted Chapter 26 Fumigation and Insecticidal Fogging is deleted in its entirety.

15.08.110 Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities – amendments.

Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities is adopted in its entirety with the following amendments:

Section 2801.2 Permit is hereby revised to read as follows:
2801.2 Permit. Permits shall be required as set forth in Section 105.6 and 105.5.31.

Section 2808.2 Storage site is hereby revised to read as follows:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surfaces. Sites shall be thoroughly cleaned, and approval obtained from the fire code official before transferring products to the site.

Section 2808.3 Size of piles is hereby revised to read as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.

Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:

1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.

2. Factor that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.

3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.

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4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified and maintained.

5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.

Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.

Section 2808.4 Pile Separation is hereby revised to read as follows:
2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.

Section 2808.7 Pile fire protection is hereby revised to read as follows:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.

Section 2808.9 Material-handling equipment is hereby revised to read as follows:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during firefighting operations.

Section 2808.11 Temperature control is hereby added as follows:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.

Section 2808.11.1 Pile temperature control is hereby added as follows:
2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.

Section 2808.11.2 New material temperature control is hereby added as follows:
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material

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with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable.

Section 2808.12 Water availability is hereby added as follows:
2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2 hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).

Section 2808.13 Tipping area is hereby added as follows:
2808.13 Tipping areas shall comply with the following:

1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.

2. Material within a tipping area shall not exceed 5 feet in height at any time.

3. Tipping areas shall be separated from all piles by a 20 foot wide fire access lane.

4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.

5. All material within a tipping area shall be processed within 5 days of receipt.

Section 2808.14 Emergency Contact is hereby added as follows:
2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situation.

Section 2808.15 Maximum Grid of Piles and Rows is hereby added as follows:
2808.15 Maximum Grid of Piles and Rows. Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50 foot clear space used for no other purpose.

Section 2808.16 Push-out / Clear area is hereby added as follows:
2808.16 Push-out / Clear area. Piles exceeding 20 cubic yards shall be provided with push-out areas. Push-out areas shall be maintained clear at all times to allow

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for the largest pile to be spread out to a depth of 2 feet in height. Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.

15.08.120 Chapter 49 Requirements for Wildland-Urban Interface Fire Areas – amendments.

Chapter 49 Requirements for Wildland-Urban Interface Fire Areas is adopted in its entirety with the following amendments:

Section 4903.3 Fuel Modification Plans is hereby added as follows:
4903.3 Fuel Modification Plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfire risk area. Plans shall meet the criteria set forth in OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.

15.08.130 Chapter 50 Hazardous Materials – General Provisions – amendments.

Chapter 50 Hazardous Materials – General Provisions is adopted in its entirety with the following amendments.

Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS) is hereby revised to read as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include, the Orange County Fire Authority’s Chemical Classification Guideline, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises.

Section 5003.1.1.1 Extremely Hazardous Substances is hereby added as follows:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.

15.08.140 Chapter 56 Explosives and Fireworks – amendments.

Chapter 56 Explosives and Fireworks is adopted in its entirety with the following amendments:

Section 5608.2 Firing is hereby added as follows:

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PAGE NO. 18
5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired.

Section 5608.3 Application for Permit is hereby added as follows:

Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone lines, or other overhead obstructions shall be provided to OCFA.

15.08.150 Chapter 57 Flammable and Combustible Liquids – amendments.

Chapter 57 Flammable and Combustible Liquids. Adopt Chapter 57, with the exception of Section 5707, in its entirety and with the following amendment:

Section 5701.1.1 On-Demand Mobile fueling is added as follows:

Section 5701.1.1 Mobile fueling. On-demand mobile fueling of Class I, II, and III liquids into the fuel tanks of vehicles is prohibited.

15.08.160 Chapter 58 Flammable Gases and Flammable Cryogenic Fluids – amendments.

Chapter 58 Flammable Gases and Flammable Cryogenic Fluids. Adopt Chapter 58, with the exception of Section 5809, in its entirety and with the following amendment:

Section 5801.1 Scope is revised as follows:

Section 5801.1 Scope. The storage and use of flammable gases and flammable cryogenic fluids shall be in accordance with this chapter, NFPA 2 and NFPA 55.

Compressed gases shall also comply with Chapter 53 and cryogenic fluids shall also comply with Chapter 55. Flammable cryogenic fluids shall comply with Section 5806. Hydrogen motor fuel-dispensing stations and repair garages and their associated above-ground hydrogen storage systems shall also be designed, constructed and maintained in accordance with Chapter 23. Mobile fueling of gaseous and liquid hydrogen, compressed natural gas (CNG), and liquefied natural gas (LNG) into the fuel tanks of vehicles is prohibited.

Exceptions:

1. Gases used as refrigerants in refrigeration systems (see Section 608).

2. Liquefied petroleum gases and natural gases regulated by Chapter

61.

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ORDINANCE NO. 2022-1099
PAGE NO. 19

3. Fuel-gas systems and appliances regulated under the California Mechanical Code and the California Plumbing Code other than gaseous hydrogen systems and appliances.

4. Pyrophoric gases in accordance with Chapter 64.

15.08.170 Chapter 80 Referenced Standards – amendments.

NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 16.12.3.3 is hereby revised to read as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant.

Section 9.4.3.1 is hereby revised to read as follows:

9.4.3.1 When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted.

Sprinklers in light hazard occupancies shall be one of the following:

1. Quick-response type as defined in 3.6.4.8

2. Residential sprinklers in accordance with the requirements of 8.4.5

3. Quick response CMSA sprinklers

4. ESFR sprinklers

5. Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers

6. Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.

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ORDINANCE NO. 2022-1099
PAGE NO. 20
NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in Oneand Two-Family Dwellings and Manufactured Homes is hereby amended as follows:

Section 7.1.2 is hereby revised to read as follows:

7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.

NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby deleted in its entirety.

NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

Section 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.

Section 6.2.9 is hereby revised to read as follows:

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ORDINANCE NO. 2022-1099
PAGE NO. 21
(4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer.
(5) Control valves installed in a fire-rated room accessible from the exterior (6) Control valves in a fire-rated stair enclosure accessible from the exterior Section 10.1.5 is hereby added as follows:

Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised to read as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.

Section 10.4.3.2 is hereby added as follows:

10.4.3.2.4. 15.08.180 Appendix A Board of Appeals – deleted.

Appendix A Board of Appeals is hereby deleted in its entirety.

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ORDINANCE NO. 2022-1099
PAGE NO. 22

15.08.190 Appendix B Fire-Flow Requirements for Buildings – adopted.

Appendix B Fire-Flow Requirements for Buildings is hereby adopted with amendments outlined in OCFA Guideline B-09.

15.04.200 Appendix BB Fire-Flow Requirements for Buildings – adopted.

Appendix BB Fire-Flow Requirements for Buildings is hereby adopted.

15.08.210 Appendix C Fire Hydrant Locations and Distribution – adopted.

Appendix C Fire Hydrant Locations and Distribution is hereby adopted.

15.08.220 Appendix CC Fire Hydrant Locations and Distribution -- adopted.

Appendix CC Fire Hydrant Locations and Distribution is hereby adopted.

15.08.230 Appendix D Fire Apparatus Access Roads – deleted.

Appendix D Fire Apparatus Access Roads is hereby deleted in its entirety.

15.08.240 Appendix E Hazard Categories – deleted.

Appendix E Hazard Categories is hereby deleted in its entirety.

15.08.250 Appendix F Hazard Ranking – deleted.

Appendix F Hazard Ranking is hereby deleted in its entirety.

15.08.260 Appendix G Cryogenic Fluids – Weight and Volume Equivalents – deleted.

Appendix G Cryogenic Fluids – Weight and Volume Equivalents is hereby deleted in its entirety.

15.08.270 Appendix H Hazardous Materials Management Plans (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions – adopted.

Appendix H Hazardous Materials Management (HMMS) Plans and Hazardous Materials Inventory Statements (HMIS) Instructions is hereby adopted.

15.08.280 Appendix I Fire Protection Systems – Noncompliant Conditions – deleted.

Appendix I Fire Protection Systems – Noncompliant Conditions is hereby deleted in its entirety.

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ORDINANCE NO. 2022-1099
PAGE NO. 23

15.08.290 Appendix J Building Information Sign – deleted.

Appendix J Building Information Sign is hereby deleted in its entirety.

15.08.300 Appendix K Construction Requirements for Existing Ambulatory Care Facilities -- deleted.

Appendix K Construction Requirements for Existing Ambulatory Care Facilities is hereby deleted in its entirety

15.08.310 Appendix L Requirements for Fire Fighter Air Replenishment Systems – deleted.

Appendix L Requirements for Fire Fighter Air Replenishment Systems is hereby deleted in its entirety

15.08.320Appendix M High Rise Buildings – Retroactive Automatic Sprinkler Requirement – deleted.

Appendix M High Rise Buildings – Retroactive Automatic Sprinkler Requirements is hereby deleted in its entirety

18.08.330 Appendix N Indoor Trade Shows and Exhibitions – deleted.

Appendix N Indoor Trade Shows and Exhibitions is hereby deleted in its entirety

15.08.340 Appendix O Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses – deleted.

Appendix O Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses is hereby deleted in its entirety.

Section 3. Ordinance No. 2016-1029 is hereby repealed in its entirety.

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ORDINANCE NO. 2022-1099
PAGE NO. 24
Section 5. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 6
th day of December, 2022.
___________________________________
, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
__________________________

CITY ATTORNEY

Page 225 of 396 ends

ORDINANCE NO. 2022-1099
PAGE NO. 25

STATE OF CALIFORNIA )
ss.

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 226 of 396 ends

ORDINANCE NO. 2022-1100

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA AMENDING CHAPTER 15.10 OF THE

YORBA LINDA MUNICIPAL CODE AND ADOPTING BY

REFERENCE THE CALIFORNIA GREEN BUILDING
STANDARDS CODE, 2022 EDITION, WITH CERTAIN

AMENDMENTS, DELETING APPENDICES AND
REPEALING ORDINANCE NO. 2019-1069
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the California Building Standards Code (California Code of Regulations, Title 24) adopting certain State codes, including the California Green Building Standards Code, 2022 Edition with certain amendments and deleting appendices; and
WHEREAS, California Health and Safety Code Sections 17958 et seq. and 18941.5 authorizes cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City of Yorba Linda desires to adopt the California Green Building Standards Code, as adopted by the State of California Building Standards Commission in Title 24 of the California Code of Regulations (the “Green Codes”), with certain amendments and deleting appendices to assure the Green Code is tailored to the particular safety needs of the City of Yorba Linda as required by its unique climatic, geological and topographical conditions; and
WHEREAS, the City Council held a public hearing on December 6, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Green Code, as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 24, 2022 and December 1, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. To the extent that the following changes and modifications to the California Green Building Standards Code, 2022 Edition, are deemed more restrictive than the standards contained therein, thus requiring that findings be made pertaining to local conditions justifying such modifications, the City Council adopted Resolution No.

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ORDINANCE NO. 2022-1100
PAGE NO. 2
2022-5828 that found and determined that the following changes and modifications are reasonably necessary due to local conditions.

Section 2. Chapter 15.10 of the Yorba Linda Municipal Code is hereby amended to read as follows:
“CHAPTER 15.10

GREEN BUILDING STANDARDS CODE
Sections:

15.10.010 Green Building Standards Code Adopted.

15.10.020 Chapter 3 Green Building - amendments.

15.10.030 Appendix A4 Residential Voluntary Measures – deleted.

15.10.040 Appendix A5 Nonresidential Voluntary Measures – deleted.

15.10.010. Green Building Standards Code Adopted.

There is hereby adopted by reference, as the Green Building Standards Code, the California Green Building Standards Code, 2022 Edition, with certain amendments, published by the California Building Standards Commission, one certified copy of which is on file in the office of the City Clerk for public inspection and is adopted with the same force and effect as though set out herein in full. The Green Building Standards Code, 2019 Edition, as adopted herein, is amended as set forth in Section 15.10.020 through

15.10.040.

15.10.020. Chapter 3 Green Building - amendments.

Section 305, CALGreen Tier 1 and CALGreen Tier 2, is hereby deleted in its entirety.

Section 306, Voluntary Measures, is hereby deleted in its entirety.

15.10.030 Appendix A4 Residential Voluntary Measures – deleted.

Appendix A4 Residential Voluntary Measures is hereby deleted in its entirety.

15.10.040 Appendix A5 Nonresidential Voluntary Measures – deleted.

Appendix A5 Nonresidential Voluntary Measures is hereby deleted in its entirety.

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ORDINANCE NO. 2022-1100
PAGE NO. 3
Section 3. Ordinance No. 2019-1069 is hereby repealed in its entirety.

Section 4. CEQA. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment, since it adopts updated building and safety standards. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption with the Orange County Clerk’s Office within five (5) working days of the approval of this ordinance.

Section 6. Effective Date. This ordinance shall take on January 1, 2023. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 6
th day of December, 2022.
___________________________________
, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
__________________________

CITY ATTORNEY

Page 229 of 396 ends

ORDINANCE NO. 2022-1100
PAGE NO. 4

STATE OF CALIFORNIA )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on this 6
th day of December, 2022, and was carried
by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 230 of 396 ends

ORDINANCE NO. 2022-1101

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA AMENDING CHAPTER 15.28 OF THE

YORBA LINDA MUNICIPAL CODE AND ADOPTING BY

REFERENCE THE UNIFORM SOLAR, HYDRONICS AND
GEOTHERMAL CODE, 2021 EDITION, WITH

AMENDMENTS, DELETING APPENDICES AND
REPEALING ORDINANCE NO. 2019-1070
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the Uniform Solar, Hydronics and Geothermal Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, with certain amendments and deleting appendices; and
WHEREAS, California Health and Safety Code Section 17958 et seq. and 18941.5 authorizes cities to adopt codes with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City of Yorba Linda desires to adopt the Uniform Solar, Hydronics and Geothermal Code, 2021 Edition, with amendments and deleting appendices to assure the Codes are tailored to the particular safety needs of the City of Yorba Linda as required by its unique climatic, geological and topographical conditions; and WHEREAS, the City Council held a public hearing on December 6, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Uniform Solar, Hydronics and Geothermal Code, 2021 Edition, as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 24, 2022 and December 1, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. To the extent legally necessary, that the following changes and modifications to the Uniform Solar, Hydronics and Geothermal Code, 2021 Edition, that are more restrictive than the standards contained therein are justified by local conditions and reasonably necessary as outlined and determined in City Council Resolution No. 2022-5828.

Section 2. Chapter 15.28 of the Yorba Linda Municipal Code is amended in its entirety to read as follows:

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ORDINANCE NO. 2022-1101
PAGE NO. 2
CHAPTER 15.28

SOLAR, HYDRONICS AND GEOTHERMAL CODE
Sections:

15.28.010 Uniform Solar, Hydronics and Geothermal Code Adopted.

15.28.020 Chapter 1, Administration – Amended.

15.28.030 Chapter 5, Solar Thermal Systems – Amended.

15.28.040 Chapter 9, Solar Photovoltaic Systems – Amended.

15.28.050 Appendix A, Engineered Solar Energy Systems – Deleted.

15.28.060 Appendix B, Solar Photovoltaic System Installation Guidelines – Deleted.

15.28.070 Appendix C, Supplemental Checklist for Solar Photovoltaic Systems – Deleted.

15.28.010. Document Adopted.

There is hereby adopted by reference, as the Solar, Hydronics and Geothermal Code of the City, the Uniform Solar, Hydronics and Geothermal Code, 2018 Edition, with certain amendments, published by the International Association of Plumbing and Mechanical Officials, one certified copy of which is on file in the office of the City Clerk for public inspection, and is adopted with the same force and effect as though set out herein in full.

The Uniform Solar, Hydronics and Geothermal Code, 2018 Edition, as adopted herein, is amended as set forth in Section 15.28.020 through 15.28.070.

15.28.020. Chapter 1, Administration – Amended
Section 104.3.2 Plan Review Fees, the fourth paragraph is amended to read as follows:

Where plans are incomplete or changed so as to require additional review, an additional plan review fee shall be charged as established by resolution adopted by the City Council.

Section 104.3.3 Time Limitation of Application, is amended to read as follows:
104.3.3 Time limitation of applications. An application for which no permit is issued within 180 days following the date of application shall automatically expire, 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 on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application shall not be extended more than once. An application may be extended one or more times by the building official for additional period not exceeding 180 days each. An application shall not be extended if this code or any other pertinent laws or ordinances have been amended subsequent to the date of application.

Section 104.4.3 Expiration, is amended to read as follows:

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ORDINANCE NO. 2022-1101
PAGE NO. 3
104.4.3 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days any time after the work is commenced. The suspension or abandonment of work shall be defined as failing to obtain a formal approval of any required inspection as specified in Section 105.2 of this code within a 180 day time period. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Section 104.4.4 Extensions, is amended to read as follows:
104.4.4 Extensions.
104.4.4.1 Extension of an Application. An application for a permit may only be extended if a written request for an extension is received prior to the expiration of the permit application and a nonrefundable application fee of $73.00 is paid. The application for an extension shall state the reason for the extension and identify conditions beyond the control of the applicant which justify the extension. The application shall be reviewed by the Building Official and a decision to grant an extension or not shall be based upon the merits of the written request for the extension. Payment of the $73.00 application fee shall not automatically grant an extension. Permit application extensions shall not be granted after the expiration of the original permit application and payment of plan review fees. Full plan review fees as set forth in the fee resolution adopted by the City Council shall be paid should the permit application expire.
104.4.4.2 Extension of a Permit. A permit may only be extended, with no additional permit fees charged, if a written request for an extension is received prior to the expiration of the permit and a nonrefundable application fee of $73.00 is paid. The application for an extension shall state the reason for the extension and identify conditions beyond the control of the applicant which justify the extension. The application shall be reviewed by the Building Official and a decision to grant an extension or not shall be based upon the merits of the written request for the extension. No additional permit fees, other than the application fee of $64.00, shall be charged. Payment of the $64.00 application fee shall not automatically grant an extension. Permits which have become invalid shall pay a renewal fee of 50% of the original permit fee when the permit has been expired for up to one (1) year. When a permit has been expired for a period in excess of one (1) year, the renewal fee shall be 100% of the original permit fee.

Section 104.5 Fees, is amended to read as follows:
104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as established by resolution adopted by the City Council at the rate provided for each classification shown therein.

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ORDINANCE NO. 2022-1101
PAGE NO. 4
Section 104.5.2 Investigation Fees, is amended to read as follows:
104.5.2 Investigation Fees; Work Without Permits
104.5.2.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. A special investigation shall be made either by the building official, or a building inspector.

Prior to any special inspection, all concealed structural and non-structural items shall be exposed so either the building official, or the inspector can conduct an accurate assessment of the non-permitted construction. The items to be exposed shall include, but not limited to, foundation, framing, electrical, plumbing and mechanical.
104.5.2.2 Fee. An investigation fee, in addition to the permit, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law.
104.5.2.3 Emergency Work. The investigation fee shall not apply to emergency work when it shall be demonstrated to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefore before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, an investigation fee as herein provided shall be charged.

Section 104.5.3, Fee Refunds, is amended to read as follows:
104.5.3 Fee Refunds. The building official may authorize refunding of a fee paid hereunder which was erroneously paid or collected.
104.5.3.1 The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
104.5.3.2 The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended.
104.5.3.3 The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

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ORDINANCE NO. 2022-1101
PAGE NO. 5
Section 105.2.6 Reinspections, is hereby amended to read as follows:
105.2.6 Reinspections: The Authority Having Jurisdiction shall have the authority to assess a reinspection fee for each inspection or reinspection when such portion of work for which inspection is requested is not complete or when required corrections have not been made. Reinspection fees may also be assessed when the approved plans are not readily available to the inspector, or failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the Building Official or requesting a reinspection of the same item three or more times.

In instances where reinspection fees have been assessed, no additional inspection of the work will be preformed until the required fees have been paid.

Section 105.2.7 is added to read as follows:
105.2.7 Extra inspections: When extra inspections are necessary by reason of deficient or defective work, or otherwise through fault or error on the part of the holder of the permit or on the part of his employees, only one such extra inspection shall be made under the regular fees as herein prescribed; and the holder of the permit shall be entirely responsible for each and every subsequent extra visit or inspection. A reinspection fee shall be paid for every subsequent extra visit or inspection. The reinspection fee shall be established by resolution adopted by the City Council.

Table 104.5, Solar System Permit Fees, is deleted in its entirety.

Section 107.0 Board of Appeals, is deleted in its entirety.

15.28.030. Chapter 5, Solar Thermal Systems - Amended.

Section 502.5.1 is amended to read as follows:
502.5.1 Roof Installations. Panels shall be anchored to roof structures or other surfaces in a manner to resist wind and seismic loadings in compliance with the Building Code. Anchors secured to and through the roofing material shall be made in a manner to maintain the water integrity of the roof covering. Roof drainage shall not be impaired by the installation of collectors. Solar photo voltaic panels that are not an integral part of the roofing system shall be installed with a three (3)

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ORDINANCE NO. 2022-1101
PAGE NO. 6
inch minimum clearance from the roof surface in order to preserve the integrity of the roof surface. See also Chapter 9.

15.28.040. Chapter 8, Solar Photovoltaic Systems – Amended.

Chapter 8 in its entirety. All references to the National Electrical Code or NFPA 70 in Chapter 9 are hereby amended to mean the 2022 Edition of the California Electrical Code as adopted by the City.

15.28.050. Appendix A, Engineered Solar Energy Systems – deleted.

Appendix A Engineered Solar Energy Systems is hereby deleted.

15.28.060. Appendix B, Solar Photovoltaic System Installation Guidelines – deleted.

Appendix B Solar Photovoltaic System Installation Guidelines is hereby deleted.

15.28.070. Appendix C, Supplemental Checklist for Solar photovoltaic Systems – deleted.

Appendix C Supplemental Checklist for Solar Photovoltaic Systems is hereby deleted.

Section 3. Ordinance No. 2019-1070 is hereby repealed in its entirety.

Section 6. Effective Date. This ordinance shall take effect thirty days after its adoption or on January 1, 2023, whichever is later. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law.

Page 236 of 396 ends

ORDINANCE NO. 2022-1101
PAGE NO. 7
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 6
th day of December, 2022.
___________________________________
, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
__________________________

CITY ATTORNEY

Page 237 of 396 ends

ORDINANCE NO. 2022-1101
PAGE NO. 8

STATE OF CALIFORNIA )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on this 6
th day of December, 2022, and was carried
by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 238 of 396 ends

ORDINANCE NO. 2022-1102

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA AMENDING CHAPTER 15.32 OF THE

YORBA LINDA MUNICIPAL CODE AND ADOPTING BY

REFERENCE THE UNIFORM SWIMMING POOL, SPA &
HOT TUB CODE, 2021 EDITION, WITH AMENDMENTS,
AND REPEALING ORDINANCE NO. 2019-1071
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the Uniform Swimming Pool, Spa & Hot Tub Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, with certain amendments; and
WHEREAS, California Health and Safety Code Section 17958 et seq. and 18941.5 authorizes cities to adopt codes with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City of Yorba Linda desires to adopt the Uniform Swimming Pool, Spa & Hot Tub, 2021 Edition, with certain amendments to assure the Codes are tailored to the particular safety needs of the City of Yorba Linda as required by its unique climatic, geological and topographical conditions; and
WHEREAS, the City Council held a public hearing on December 6, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Uniform Swimming Pool, Spa & Hot Tub Code, 2021 Edition, as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 24, 2022 and December 1, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. To the extent legally necessary, that the following changes and modifications to the Uniform Swimming Pool, Spa & Hot Tub Code, 2021 Edition, that are more restrictive than the standards contained therein are justified by local conditions and reasonably necessary as outlined and determined in City Council Resolution No. 2022- 5828.

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ORDINANCE NO. 2022-1102
PAGE NO. 2
Section 2. Chapter 15.32 of the Yorba Linda Municipal Code is amended to read as follows:

CHAPTER 15.32

SWIMMING POOLS, SPAS AND HOT TUBS
Sections:

15.32.010 Uniform Swimming Pool, Spa and Hot Tub Code Adopted.

15.32.020 Chapter 1, Administration – Amendments

15.32.030 Chapter 2 Definitions – Amendments.

15.32.040 Section 512.0, Wastewater Disposal - Amended

15.32.050 Section 603.0, Electrical Systems – Amended

15.32.060 Chapter 8, Safety – Deleted

15.32.070 Chapter 9 Aquatic Recreational Attractions – Amended

15.32.010. Uniform Swimming Pool, Spa & Hot Tub Code Adopted.

There is hereby adopted by reference, as the Swimming Pool, Spa & Hot Tub Code of the City, the Uniform Swimming Pool, Spa & Hot Tub Code, 2021 Edition, with certain amendments, published by the International Association of Plumbing and Mechanical Officials, one certified copy of which is on file in the office of the City Clerk for public inspection, and is adopted with the same force and effect as though set out herein in full.

The Uniform Swimming Pool, Spa & Hot Tub Code, 2021 Edition, as adopted herein, is amended as set forth in Sections 15.32.020 through 15.32.070.

15.32.020. Chapter 1, Administration - Amendments
Section 102.4, first paragraph, is amended to read as follows:
102.4 Additions, Alterations, or Repairs. Additions, alterations, renovations, or repairs to a swimming pool, spa, or hot tub system shall conform to that required for a new system. When the scope of the addition, alteration, renovation, or repair to a swimming pool, spa, or hot tub system is in excess of re-plastering, repairing plaster and repair or replacement of the tile in the swimming pool, spa, or hot tub, the entire pool and the required pool safety enclosure shall be made to conform to the requirements for a new swimming pool, spa, or hot tub as adopted by the jurisdiction.

Additions, alterations, renovations, or repairs shall not cause an existing system to become unsafe, insanitary, or overloaded.

Section 104.3.1.1 is added to read as follows:
104.3.1.1 Plot Plans. The plans shall be provided with the following information. Such plans shall be drawn to a scale of not less than one-eighth (1/8) inch per foot.

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ORDINANCE NO. 2022-1102
PAGE NO. 3
(1) Property lines, easements, Yorba Linda Water District easements, City of Yorba Linda parks, and trails, flood zones, right-of-way of record, abandoned or active oil wells and overhead utilities adjacent to pool area or over the property. (2) All existing and proposed structures, patio covers, pool houses, cabanas, pool slides, grotto structures, fireplaces, fencing, retaining walls, and other relevant characteristics adjacent to pool, spa, or hot tub area. (3) The proposed pool, spa or hot tub shape, dimensioned and located to show property line setbacks, side yards setbacks, and dimensioned clearances from all existing and proposed structures.
(4) The proposed mechanical equipment location, with dimensions to all property lines and structures. The equipment shall be located at least fifteen (15) feet from any habitable opening of a structure on an adjacent property. The size, location and materials for gas, electrical and water services to the pool equipment shall be shown on the plan.
(5) All deck equipment items, if included.
(6) The proposed deck work shall include all dimensions and configuration and include an overall Site Drainage Plan to drainage termination. The Site Drainage Plan shall include a note stating: “All weep screeds on new or existing structures shall maintain the required clearances of 2 inches above all paved areas and 4 inches above earth”.
(7) The overall drainage of the pool site shall be included in the Site Drainage Plan. (8) The location, overall height and degree of slope for all ascending and descending slopes with dimensions from the pool or spa to the slope. The pool, spa or hot tub design shall conform to Section 1808.7 of the California Building Code 2022 Edition for foundations on or adjacent to slopes (9) Such plans shall be drawn to a scale of not less than one-eighth (1/8) inch per foot.
(10) The Site Plan provided shall include only information relevant to the construction of the swimming pool, spa or hot tub and its appurtenant structures and as identified on the permit application. The Site Plan shall not include information and scopes of work for other structures, landscaping, flat work, irrigation systems, retaining walls, barbeques, fireplaces, patio covers, gazebo, pool buildings or similar items not directly associated with the construction of the swimming pool, spa or hot tub.

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ORDINANCE NO. 2022-1102
PAGE NO. 4
(11) All pool, spa and hot tubs, including the surrounding deck, shall be designed for moderately expansive soil, unless a soil report is provided which verifies a lesser design requirement for the specific site.
(12) Water, electrical and gas piping and conduit layouts for special appurtenances i.e. fountains, waterfalls, sinks, showers, bar areas, heaters, fireplaces, gas accent devices, electrical outlets, lighting, fans and outdoor cooking appliances etc.

Section 104.3.2, fourth paragraph, is amended to read as follows:

When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged as established by resolution adopted by the City Council.

Section 104.4.3 is amended to read as follows:
104.4.3 Expiration
104.4.3.1 Time limitation of applications. An application for which no permit is issued within 180 days following the date of application shall automatically expire, 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 on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application may be extended one or more times by the building official for additional periods not exceeding not exceeding 180 days each. An application shall not be extended if this code or any other pertinent laws or ordinances have been amended subsequent to the date of application.
104.4.3.2 Time Limitation of Permits. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days any time after the work is commenced. The suspension or abandonment of work shall be defined as failing to obtain a formal approval of any required inspection as specified in Section 105.5.3 of this code within a 180 day time period. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Section 104.4.4 is amended to read as follows:
104.4.4 Extensions.

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ORDINANCE NO. 2022-1102
PAGE NO. 5
104.4.4.1 Extension of an Application. An application for a permit may only be extended if a written request for an extension is received prior to the expiration of the permit application and a nonrefundable application fee of $73.00 is paid. The application for an extension shall state the reason for the extension and identify conditions beyond the control of the applicant which justify the extension. The application shall be reviewed by the Building Official and a decision to grant an extension or not shall be based upon the merits of the written request for the extension. Payment of the $73.00 application fee shall not automatically grant an extension. Permit application extensions shall not be granted after the expiration of the original permit application and payment of plan review fees. Full plan review fees as set forth in the fee resolution adopted by the City Council shall be paid should the permit application expire.
104.4.4.2 Extension of a Permit. A permit may only be extended, with no additional permit fees charged, if a written request for an extension is received prior to the expiration of the permit and a nonrefundable application fee of $73.00 is paid. The application for an extension shall state the reason for the extension and identify conditions beyond the control of the applicant which justify the extension. The application shall be reviewed by the Building Official and a decision to grant an extension or not shall be based upon the merits of the written request for the extension. No additional permit fees, other than the application fee of $73.00, shall be charged. Payment of the $73.00 application fee shall not automatically grant an extension. Permits which have become invalid shall pay a renewal fee of 50% of the original permit fee when the permit has been expired for up to one (1) year. When a permit has been expired for a period in excess of one (1) year, the renewal fee shall be 100% of the original permit fee.

Section 104.5 Fees is amended to read as follows:
104.5 Permit Fees. Fees shall be assessed in accordance with the provisions of this section and as established by resolution adopted by the City Council at the rate provided for each classification shown therein.

Section 104.5.1, is amended to read as follows:
104.5.1 Investigation Fees: Work Without a Permit.
104.5.1.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. A special investigation shall be made either by the building official, or a building inspector. Prior to any special inspection, all concealed structural and non-structural items shall be exposed so either the building official, or the inspector can conduct an accurate assessment of the nonPage 243 of 396 ORDINANCE NO. 2022-1102
PAGE NO. 6
permitted construction. The items to be exposed shall include, but not limited to, foundation, framing, electrical, plumbing and mechanical. 104.5.1.2 Fee. An investigation fee, in addition to the permit, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law.
104.5.1.3 Emergency Work. The investigation fee shall not apply to emergency work when it shall be demonstrated to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefore before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, an investigation fee as herein provided shall be charged.

Section 104.5.2 is hereby deleted in its entirety.

Section 104.5.3 amended to read as follows:
104.5.3 Fee Refunds. The building official may authorize refunding of a fee paid hereunder which was erroneously paid or collected.
104.5.3.1 The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
104.5.3.2 The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended.
104.5.3.3 The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

Section 105.2.6 Reinspections, is hereby amended to read as follows:
105.2.6 Reinspections: The Authority Having Jurisdiction shall have the authority to assess a reinspection fee for each inspection or reinspection when such portion of work for which inspection is requested is not complete or when required corrections have not been made. Reinspection fees may also be assessed when the approved plans are not readily available to the inspector, or failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the Building Official or requesting a reinspection of the same item three or more times.

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ORDINANCE NO. 2022-1102
PAGE NO. 7
This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection.

In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

Table 104.5 “Swimming Pool, Spa and Hot Tub Permit Fees” is deleted in its entirety from the code and all references to Table 104.5 are amended to read “in accordance with resolution adopted by the City Council.”
Section 107.0, Board of Appeals, is deleted in its entirety.

Section 107.0 is hereby added to read as follows:
107.0 New Pool and Spa Construction Requirements. All new pools must comply with this code. Plans submitted to the City for swimming pools, spas or hot tubs to be constructed shall show compliance with the requirements of this code, and final inspection and approval of all pools or spas hereafter constructed shall be withheld until there has been compliance with all requirements of this code.

A. Pools shall comply with section 1808.7 of the California Building Code, 2022 Edition, for foundations on or adjacent to slopes.

B. A deck five (5) feet minimum in width shall surround each pool and slope to drain away from the pool. Deck is measured from water line.

C. All damage to curbs, gutters, sidewalks, and driveway approaches in the construction of pools shall be repaired prior to the pre-plaster inspection.

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ORDINANCE NO. 2022-1102
PAGE NO. 8
D. An enclosure shall be installed around the pool area and shall comply with Section 3109 of the California Building Code, 2022 Edition, before any preplaster inspection of pools and before filling with water for any type of pool, spa or hot tub.

Section 107.1 is hereby added to read as follows:
107.1 Modification of Requirements. Following written request by the owner, the Building Official may modify or eliminate the requirements of section 107.0 B where, in the judgment of the Building Official, such request is justified and will not result in unsafe conditions. The Building Official may require that evidence or proof in the form of affidavits be submitted to substantiate or justify such requests and may apply reasonable conditions to insure ultimate compliance with section 107.0 in the event of a change of conditions.

15.32.030 Chapter 2 Definitions – Amendments.

Section 210.0 Definitions is hereby revised by revising “Handholds” as follows.

Handholds. A handhold shall be considered the overhang portion of bull nosed coping, cantilevered decking, or a fixed cantilevered element not extending more than 2 inches and not less than 1 inch over the design pool water line horizontally.

Handholds shall be no greater than 2 ½ inches in thickness and a minimum of 1-inch in thickness and spaced no greater than 4 feet on center from each other. All handholds shall be fixed and stable and a maximum of 12 inches above the design waterline level.

Swimming Pool. Any constructed or prefabricated structure holding a body of water exceeding (18) inches in depth used for swimming, bathing, meditating or observation.

This shall include, swimming pools, hot tubs, spas, fountains, ponds or other any other body of water.

15.32.040 Section 512.0, Wastewater Disposal – Amended
Section 512.4 is amended to read as follows:
512.4 Availability of a Public Sewer. Waste water from a swimming pool, spa, or hot tub shall be discharged directly into the sanitary sewer. If a sanitary sewer is not located in the area, dechlorinated waste water that satisfies the following criteria may be discharged on the surface on a case by case basis:

A. The residual chlorine does not exceed 0.1 mg/I (parts per million).

B. The pH is between 6.5 and 8.5.

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ORDINANCE NO. 2022-1102
PAGE NO. 9
C. The water is free of any unusual coloration.

D. There is no discharge of filter media.

E. There is no discharge of acid cleaning wastes.

Compliance with these criteria can be verified using a pool testing kit. Excess chlorine can be removed by removing the chlorine tablets for a couple of days prior to discharge or by purchasing dechlorinating chemicals from pool supply companies.

No construction material, chemicals or soil shall enter any storm drains or creeks.

Section 512.5, Used for Irrigation, is deleted in its entirety.

Section 512.6, Drywells, is deleted in its entirety.

Section 512.7, Separation Tanks, is deleted in its entirety.

15.32.050 Section 603.0, Electrical Systems – Amended
Section 603.1, General, is amended to read as follows:
603.1 General. The design, installation, alteration, modification, construction, maintenance, and testing of the electrical systems and equipment associated with a swimming pool, spa, or hot tub shall comply with the 2022 Edition of the California Electrical Code.

15.32.060 Chapter 8, Safety – Deleted.

Chapter 8, Safety, is deleted in its entirety

15.32.070 Chapter 9 Aquatic Recreational Attractions – Amended Section 902.4 Guardrails, is hereby amended to read as follows:

Guardrails shall be provided for all diving and sliding equipment exceeding 30 inches in height measured from the pool deck, or any surface below to the top end of the board, surface, or slide. Guardrails shall be not less than 42 inches above the diving or sliding surface and extend not less than 6 inches past the edge of a pool wall, man-made element or natural element.

Section 3. Ordinance No. 2019-1071 is hereby repealed in its entirety.

Section 4. CEQA. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse

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ORDINANCE NO. 2022-1102
PAGE NO. 10
effect on the environment, since it adopts updated building and safety standards, which the City had previously adopted in substantial form. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption with the Orange County Clerk’s Office within five (5) working days of the approval of this ordinance.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 6
th day of December, 2022.
___________________________________
, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
__________________________

CITY ATTORNEY

Page 248 of 396 ends

ORDINANCE NO. 2022-1102
PAGE NO. 11

STATE OF CALIFORNIA )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on this 6
th day of December, 2022, and was carried
by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 249 of 396 ends

ORDINANCE NO. 2022-1103

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA AMENDING CHAPTER 15.20 OF THE

YORBA LINDA MUNICIPAL CODE AND ADOPTING BY
REFERENCE THE UNIFORM HOUSING CODE, 2019

EDITION, WITH CERTAIN AMENDMENTS, AND
REPEALING ORDINANCE NO. 2019-1072
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the Uniform Housing Code, 2019 Edition, published by the International Conference of Building Officials, with certain amendments; and WHEREAS, California Health and Safety Code Section 17958 et seq. and 18941.5 authorizes cities to adopt codes with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City of Yorba Linda desires to adopt the Uniform Housing Code, 1997 Edition, with certain amendments to assure the Codes are tailored to the particular safety needs of the City of Yorba Linda as required by its unique climatic, geological and topographical conditions; and
WHEREAS, the City Council held a public hearing on December 6, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Uniform Housing Code, 1997 Edition, as amended herein; and WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 24, 2022 and December 1, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. To the extent legally necessary, that the following changes and modifications to the Uniform Housing Code, 1997 Edition, that are more restrictive than the standards contained therein are justified by local conditions and reasonably necessary as outlined and determined in City Council Resolution No. 2022-5828.

Section 2. Chapter 15.20 of the Yorba Linda Municipal Code is amended in its entirety to read as follows:

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ORDINANCE NO. 2022-1103
PAGE NO. 2
“CHAPTER 15.20

HOUSING STANDARDS
Sections:

15.20.010 Uniform Housing Code Adopted.

15.20.020 Chapter 1, Title and Scope Amended.

15.20.030 Chapter 2, Enforcement, Amended.

15.20.040 Chapter 3, Permits and Inspections – Amended.

15.20.050 Chapter 4, Definitions – Amended.

15.20.060 Chapter 5, Space and Occupancy Standards – Amended.

15.20.070 Chapter 7, Mechanical Requirements – Amended.

15.20.080 Chapter 8, Exits – Amended.

15.20.090 Chapter 10, Substandard Buildings – Amended.

15.20.100 Chapter 15, Performance of Work of Repair or Demolition – Amended.

15.20.010. Uniform Housing Code Adopted.

There is hereby adopted by reference, as the code governing housing standards, the Uniform Housing Code, 1997 edition, with certain amendments, published by the International Conference of Building Officials, one certified copy of which is on file in the office of the City Clerk for public inspection, and is adopted with the same force and effect as though set out herein in full. The Uniform Housing code, 1997 Edition, as adopted herein, is amended as set forth in Sections 15.22.020 through 15.22.100

15.20.020. Chapter 1, Title and Scope – amended
Section 104.1, Additions, Alterations or Repairs, is amended to read as follows:
104.1 Additions, Alterations or Repairs. For Additions, alterations or repairs, see the California Existing Building Code and all other adopted codes, as applicable.

15.20.030. Chapter 2, Enforcement – amended
Section 204, Violations, is amended to read as follows:
204.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct alter, extend, repair, move remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 204.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration,

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ORDINANCE NO. 2022-1103
PAGE NO. 3
extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
204.3 Prosecution of violation. If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 204.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directives of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to the penalties as prescribed by law.

15.20.040. Chapter 3, Permits and Inspection - amended
Section 301, General, is amended to read as follows:

No building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official in the manner and according to the applicable conditions prescribed in Section 105 of the California Building Code or Section R105 of the California Residential Code.

Section 302, Fees, is amended to read as follows:

When a building permit is required by Section 301 of this code, there shall be charged and paid, a fee as established by resolution by the City Council, and at the rate provided for each classification shown therein.

Section 303, Inspections, is amended to read as follows:

All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by this code and Sections 110 and 1704A of the California Building Code and Section R109 of the California Residential Code.

15.20.050. Chapter 4, Definitions – amended
Section 401, Definitions, is amended to read as follows:

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ORDINANCE NO. 2022-1103
PAGE NO. 4
BUILDING CODE is the California Building Code, The California Existing Building Code or the California Residential Code as adopted by the City.

BOARD MEMBER(S) is the individual or members delegated by the City Manager.

ELECTRICAL CODE is the California Electrical Code as adopted by the City.

HEARING EXAMINER is an individual delegated by the City Manager.

HOUSING ADVISORY AND APPEALS BOARD is the City Manager or his/her delegated individual and/or members.

MECHANICAL CODE is the California Mechanical Code as adopted by the City.

PLUMBING CODE is the California Plumbing code as adopted by the City.

RESIDENTIAL CODE is the California Residential Code as adopted by the City

15.20.060. Chapter 5, Space and Occupancy Standards - amended Section 501, Location on Property, is amended to read as follows:

All buildings shall be located with respect to property lines and to other buildings on the same property as required by the California Building Code or the California Residential Code as adopted by the City.

Section 502, Yards and Courts, is amended to read as follows:

All yards or courts shall conform to the requirements of Section 1205 of the California Building Code or the California Residential Code as adopted by the City.

Section 503, Room Dimensions, is amended to read as follows:

All rooms and spaces shall conform to the requirements Section 1207 of the California Building Code or Sections R304 and R305 of the California Residential Code for required room dimensions as adopted by the City.

Section 504, Light and Ventilation, is amended to read as follows:

All rooms and spaces shall be provided with light and ventilation as required in Sections 1202 and 1204 of the California Building Code and Section R303 of the California Residential Code as adopted by the City.

Section 505.5, Sanitation, is amended to read as follows:

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ORDINANCE NO. 2022-1103
PAGE NO. 5
All commercial and residential uses shall be provided with facilities as required in Chapter 4 of the California Plumbing Code, Section 1209 of the California Building Code or Sections R306 and R307 in the California Residential Code as adopted by the City.

15.20.070, Mechanical Requirements – amended.

Section 701.1 Heating and Ventilation, is amended to read as follows:
701.1 Heating. When the winter design temperature in Table R301.2(1) of the California Residential Code is below 60 degrees F, every dwelling unit shall be provided with heating facilities capable of maintaining a minimum room temperature of 68 degrees F at a point three (3) feet above the floor and two (2) feet from exterior walls in all habitable rooms at the design temperature. The installation of one or more portable space heaters shall not be used to achieve compliance with this section.

15.20.080. Chapter 8, Exits – amended.

Section 801, General, is amended to read as follows:

Section 801 – General. Dwelling units and commercial buildings shall be provided with means of egress. The means of egress shall comply with the requirements of either Chapter 10 of the California Building Code or Section R311 of the California Residential Code as adopted by the City.

Basements and every sleeping room below the fourth story shall have at least one operable emergency and rescue opening. Emergency and rescue openings shall conform to the requirements of Section R310 of the California Residential Code as adopted by the City.

15.20.090. Chapter 10, Substandard Buildings – amended.

Section 1001.1, General, is amended to read as follows:

Any building or portion thereof that is determined to be an unsafe building in accordance with Section 116 of the California Building Code, or any building or portion thereof, including any dwelling unit, sleeping room or commercial building, or the premises on which the same is located, in which there exists any of the conditions referenced in this chapter to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof, shall be deemed and hereby are declared to be a substandard building.

15.20.100. Chapter 15, Performance of Work of Repair or Demolition – amended.

Section 1501.2, Costs, is amended to read as follows:

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ORDINANCE NO. 2022-1103
PAGE NO. 6
1501.2 Costs. The cost of such work plus ten percent (10%) of paid cost for administrative overhead thereof shall be paid from the repair and demolition fund, and shall be made a special assessment against the property involved, or shall be made a personal obligation of the property owner, whichever the City Council shall determine is appropriate.”
Section 3. Ordinance No. 2019-1072 is hereby repealed in its entirety.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 6
th day of December, 2022.
___________________________________
, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 255 of 396 ends

ORDINANCE NO. 2022-1103
PAGE NO. 7
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
__________________________

CITY ATTORNEY

STATE OF CALIFORNIA )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on this 6
th day of December, 2022, and was carried
by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 256 of 396 ends

ORDINANCE NO. 2022-1104

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA AMENDING CHAPTER 15.22 OF THE

YORBA LINDA MUNICIPAL CODE AND ADOPTING BY

REFERENCE THE UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS, 1997

EDITION, WITH CERTAIN AMENDMENTS, AND
REPEALING ORDINANCE NO. 2019-1073
WHEREAS, California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the Uniform Code For The Abatement Of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials, with certain amendments; and
WHEREAS, California Health and Safety Code Section 17958 et seq. and 18941.5 authorizes cities to adopt codes with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City of Yorba Linda desires to adopt the Uniform Code For The Abatement Of Dangerous Buildings, 1997 Edition, with certain amendments to assure the Codes are tailored to the particular safety needs of the City of Yorba Linda as required by its unique climatic, geological and topographical conditions; and WHEREAS, the City Council held a public hearing on December 6, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Uniform Code For The Abatement Of Dangerous Buildings, 1997 Edition, as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 24, 2022 and December 1, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. To the extent legally necessary, that the following changes and modifications to the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, that are more restrictive than the standards contained therein are justified by local conditions and reasonably necessary as outlined and determined in City Council Resolution No. 2022-5828.

Section 2. Chapter 15.22 of the Yorba Linda Municipal Code is amended to read as follows:

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ORDINANCE NO. 2022-1104
PAGE NO. 2
CHAPTER 15.22

CODE FOR ABATEMENT OF DANGEROUS BUILDINGS
Sections:

15.32.010 Uniform Code for the Abatement of Dangerous Buildings Adopted.

15.32.020 Chapter 1, Title and Scope - Amended

15.32.030 Chapter 2 - Amended

15.32.040 Chapter 3, Definitions – Amended

15.32.050 Section 401.2 (4), Notice and Order - Amended

15.32.010. Uniform Code for the Abatement of Dangerous Buildings Adopted.

There is hereby adopted by reference, as the Code for Abatement of Dangerous Buildings of the City, the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, with certain amendments, published by the International Conference of Building Officials, one certified copy of which is on file in the office of the City Clerk for public inspection, and is adopted with the same force and effect as though set out herein in full. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as adopted herein, is amended as set forth in Sections 15.22.020 through 15.22.050.

15.22.020. Chapter 1, Title and Scope - Amended
Section 103 – Alterations, Additions and Repairs, is amended to read as follows:

All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of the California Existing Building Code and all other adopted codes, as applicable.

15.22.030. Chapter 2 - Amended
Section 201.4 Enforcement is added to read as follows:
201.4 Enforcement. When the Building Official, the Health Officer, or their authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official, the Health Officer, or their authorized representatives for the purpose

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ORDINANCE NO. 2022-1104
PAGE NO. 3
of inspection and examination pursuant to this Code. Any person violating this subdivision shall be guilty of a misdemeanor.

Section 203, Violations is amended to read as follows:
203.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct alter, extend, repair, move remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 203.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
203.3 Prosecution of violation. If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 203.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directives of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to the penalties as prescribed by law.

Section 204, Inspection of Work is amended to read as follows:

15.22.040. Chapter 3, Definitions - Amended
Section 301, General is amended to read as follows:

BUILDING CODE is the California Building Code, The California Existing Building Code or the California Residential Code as adopted by the City.

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ORDINANCE NO. 2022-1104
PAGE NO. 4
ELECTRICAL CODE is the California Electrical Code as adopted by the City.

MECHANICAL CODE is the California Mechanical Code as adopted by the City.

PLUMBING CODE is the California Plumbing Code as adopted by the City.

DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code.

HOUSING CODE is the Uniform Housing Code, 1997 Edition, as adopted by the City.

15.22.050. Section 401.2(4), Notice and Order - Amended Section 401.2 (4) is amended to read as follows:

4. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the building official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof plus ten (10) percent administrative overhead against the property or its owner.”
Section 3. Ordinance No. 2019-1073 is hereby repealed in its entirety.

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ORDINANCE NO. 2022-1104
PAGE NO. 5
Section 6. Effective Date. This ordinance shall take effect on January 1, 2023. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 6
th day of December, 2022.
___________________________________
, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
__________________________

CITY ATTORNEY

STATE OF CALIFORNIA )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on this 6
th day of December, 2022 and was carried
by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

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RESOLUTION NO. 2022-5828

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YORBA LINDA, CALIFORNIA, SETTING FORTH FINDINGS
FOR LOCAL AMENDMENTS TO THE 2022 CALIFORNIA
BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL
CODE, THE 2022 CALIFORNIA FIRE CODE, THE 2022
CALIFORNIA ELECTRIC CODE, AND THE 2022

CALIFORNIA PLUMBING CODE, RELATIVE TO LOCAL

CLIMATIC, GEOGRAPHICAL AND TOPOGRAPHICAL
CONDITIONS, AND REPEALING RESOLUTION NO. 2019-
5642
WHEREAS, California Government code Section 50022.1 et seq. authorizes the City to enact any ordinance which adopts any code by reference, in whole or in part; and WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the California Residential Code, the California Building Code, the California Plumbing Code, the California Mechanical Code, and the California Electrical Code, and the California Fire Code and the California Green Building Standards Code, (hereinafter referred to collectively as “Codes”); and
WHEREAS, Health and Safety Code Section 17958 et seq. provides that the City of Yorba Linda shall adopt Ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922; and
WHEREAS, Health and Safety Code Sections 17958.5 and 18941.5 permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geographical, or topographical conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes pursuant to Section 17958.5 shall make an express finding that such changes or modifications or changes are reasonably necessary because of local climatic, geographical or topographical conditions; and WHEREAS, the Building Division has recommended that modifications and changes be made to the Codes and advised that certain said changes to the California Fire Code, 2022 Edition, the California Building Code, 2022 Edition, the California Plumbing Code, 2022 Edition, the California Electrical Code, 2022 Edition, the California Residential Code, 2022 Edition, the California Mechanical Code, 2022 Edition, and the California Green Building Standards, 2022 Edition are reasonably necessary due to local conditions in the City of Yorba Linda and have further advised that the remainder of said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Codes or are reasonable necessary to safeguard life and property within the City of Yorba Linda.

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RESOLUTION NO. 2022-5828
PAGE NO. 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda as follows:

Section 1
I. Climatic Conditions
A. Hot Drying Winds. The jurisdiction of Yorba Linda is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials creating extreme fire hazard conditions. Frequent periods of drought and low humidity add to this fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb 55 feet vertically will greatly impact the response time to reach an incident scene. Additionally, there is a significant increase in the amount of wind force at 60 feet above the ground. Use of aerial type fire fighting apparatus above this height would place rescue personnel at increased risk of injury.

B. Strong Winds. The dry climatic conditions with strong winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation.

These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

C. Heavy Precipitation. The climate alternates between extended periods of drought and brief flooding conditions. The winter months can experience heavy rainfall of up to 6 inches per hour. Flood conditions may affect the Orange County Fire Authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County. Hillside erosion due to water run-off from typical to torrential rain in hillside communities must be managed. Therefore, area drains in mandated pool decks and their surrounding landscaped areas divert such run-off to the City’s storm drain systems, thus reducing hillside erosion.

D. Water Availability. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage

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RESOLUTION NO. 2022-5828
PAGE NO. 3
capacities, consumption, and a limited amount of rainfall, future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire.

E. Semi-arid Mediterranean Climate. The warm, dry climate of Yorba Linda is conducive to private swimming pool ownership. Increased numbers of adjacent private swimming pools also increases the likelihood of children drowning where pool enclosures are not of a permanent design. Therefore, leaving a pool unprotected by the use of temporary, electromechanical, or other means of protection that can be turned off, removed or left open for untold periods of time creates an extremely dangerous situation within communities and containing large numbers of private swimming pools.

II. Topographical Conditions
A. Hillside Community. Natural slopes of 15 percent or greater generally occur throughout the foothills of Orange County. Yorba Linda has a sizeable hillside community with little to no remaining developable lowlands. Mass grading for development on hillsides has become easier and cost effective. Therefore, mass grading on hillsides has increased the amount of structures constructed on and around sloping terrain. Sloped terrain places physical burdens upon fire fighters and their equipment in responding to emergencies and attacking fires. Hillside development mandates construction to comply with setbacks from slopes and typically requires soil reports and fuel modification plans to be prepared.

B. Traffic and Circulation Congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County.

C. Response Time. These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.

III. Geological Conditions.

The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred

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RESOLUTION NO. 2022-5828
PAGE NO. 4
in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the State of California, Department of Conservation.

A. Earthquake Faults. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings. The October 17, 1989 Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other local fires and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants.

State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on a Newport-Inglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.”
B. Landslides and Roadway Flooding. Road circulation features located throughout the County also make amendments reasonably necessary. Located throughout the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, and street and storm drain design accompanied with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange County that naturally have extended emergency response times that exceed the 5 minute goal.

C. Corrosive Soils. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes and concrete in contact with soils.

D. Oil Fields. Portions of the County contain active or former oil production fields.

These areas contain a variety of naturally occurring gasses, liquids and vapors. These compounds present toxicity or flammability hazards to building occupants. Evaluation of these hazards and the risks they pose to development is necessary to implement appropriate mitigation.

E. Chino Hills State Park. The entire northern and eastern boundaries of Yorba Linda are adjacent to the Chino Hills State Park. The park area stretches nearly 31 miles, from the Santa Ana Mountains to the Whittier Hills. There are several different scrub and chaparral communities including coastal sage scrub, California sagebrush, California buckwheat and purple sage, as well as a mixed chaparral community that becomes fuel for fires during summer months. The winds mentioned in Paragraph IPage 265 of 396 RESOLUTION NO. 2022-5828
PAGE NO. 5
A above, can allow pieces of burning wood roofing material or debris behind solar panels mounted to roofs, to become flying brands that can be carried to other locations and thereby spread fire quickly. Therefore, a City wide ban of untreated wood roofing material should continue, with a minimum requirement for Class A roofing. Mandating clearance requirements for solar panels, attached to roofs, will reduce the accumulation of debris behind the panels, thus eliminating fire potential and preserving the water protective integrity of a roof covering by not impairing drainage.

F. Soil Structure. The structure of soil can either block or allow effluent waste, generated by private sewage disposal systems, to percolate into underground water supplies. The City is dependent on local water wells that are fed by underground water aquifers and the Santa Ana River. Due to health concerns related to the use of private systems in close proximity to heavily populated residential areas, the City must regulate the use of certain private sewage disposal systems. Soils routinely experienced by developers and other builders in Yorba Linda are expansive and routinely requires structures to be designed accordingly. Therefore, a blanket mandate is necessary for new construction to meet expansive soil construction requirements unless otherwise justified by a soils report.

Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zone described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) requirements for a given structure. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County fire Authority.

Section 2
The City Council hereby finds that the amendments to the Codes as set forth in detail in Ordinance Nos. 2022-1094, 2022-1095, 2022-1096, 2022-1097, 2022-1098, 2022-1099, and 2022-1100, 2022-1101, 2022-1102, 2022-1103 and 2022-1104 are reasonably necessary based on the climatic, geographical and topographical conditions cited in Section I of this Resolution and apply to the amendments as follows:

CALIFORNIA BUILDING CODE:

CODE SECTION FINDINGS
701A.3 Climatic
710A.3.3 Climatic
701A.4 Climatic
903.2 Climatic & Topographical
903.2.8 Climatic & Topographical
903.3.5.3 Climatic & Topographical
Table 1505.1 Climatic

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Yorba Linda City CouncilNovember 15, 2022

Yorba Linda City Council
November 15, 2022