Agenda Item No. 12
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services Benjamin Matlock, Planning Manager/City Planner,:;-",'
FOR: City Council Meeting of November 28, 2022
SUBJECT: Adoption of the 2022 California Building and Fire Codes (2°d Reading) RECOMMENDATION:
That the City Council conduct a public hearing and:
1) Approve second reading, by title only, as read by staff, of Ordinance No. 417, adopting by reference, and amending the current editions of certain California Building and Fire Codes related to the regulation of construction, and repealing Ordinance No. 381 and all provisions in conflict therewith; and
2) Adopt Resolution No. 2022-58, setting forth findings for amendments to the 2022 California Codes relative to local conditions.
BACKGROUND:
Every three years, the State of California Building Standards Commission allows local jurisdictions to adopt and amend the most current editions of the California Building Codes.
Consistent with prior code updates, the upcoming 2022 California Building Codes and related amendments are being brought forward for Council consideration. All of the 2022 California Building Codes will become effective automatically on January 1" regardless of the City's actions, but with the adoption of an implementing ordinance, the City can incorporate certain amendments that reflect local climactic, geographic, and/or geological conditions that are unique to Yucaipa.
At the meeting of November 14, 2022, the City Council conducted a public hearing regarding the update to the Building Codes and approved the first reading of Ordinance No. 417 as well as established the date of November 28, 2022, for the second reading of the Ordinance.
DISCUSSION:
Pursuant to State law, all of the California Building Codes referenced in Ordinance No. 417 can only be adopted after two consecutive publications of a Notice of Public Hearing, the first of which occurred on November 4, 2022. The second Notice of Public Hearing was published on November 11, 2022. At the November 14, 2022, meeting, the Council set the date of public hearing for the Ordinance on November 28, 2022, at which time the second reading would also be approved and the ordinance could be adopted. The ordinance can go into effect 30 days after adoption but no sooner than January 1, 2020. Each of the building codes recommended for adoption have previously been in effect within the City, and the current editions will not result in any substantial changes to the City's development requirements or procedures. -234-
City Council Meeting of November 28, 2022
2022 Building Codes
Most of the amendments being implemented by the 2022 California Building Codes address building safety, fire safety, and energy saving advancements that have occurred since the last code adoption but does not necessarily include as dramatic of changes that had been seen in prior codes, such as the implementation of rooftop solar system in all new residential construction that was required as part of the 2019 Building Code adoption. A change to residential standards that is worth noting is new requirements regarding the provision for additional electrical connections to appliances, such as a stove, to encourage the installation of an electric version of those appliances in lieu of their natural gas counterpart. The City has maintained a number of standards and requirements associated with swimming pool design and security, consistent with the prior code adoption, as one of the City's local requirements.
One new element proposed for Council's consideration with the 2022 Code update is a permit requirement for the installation of a block wall on a single parcel. Currently, a permit is required for block walls constructed as part a commercial or a complete residential project, but a permit has not been required for walls constructed for an individual home. However, the Building and Safety Department has received concerns about block wall construction issues in the past, including a case where a block wall was constructed without concrete footings and ultimately toppled over.
The proposed permit process would provide an inspection of the wall relative to the City's standard, consistent with the approach for other types of projects.
As previously stated, all of the 2022 California Building Codes will become effective automatically on January I" regardless of the City's actions; however, by adopting the City's implementing ordinance, the City can address certain local conditions that are unique to the City of Yucaipa that may not apply to other parts of the state. The City will maintain its approach to projects that fall within this transition, where any project submitted for plan check prior to January 1, 2023, will be able to follow the current codes, provided a permit is issued prior to June 30, 2023, and where that permit remains active. Any and all applications that are submitted after January 1 st will then be required to adhere to the new codes.
It should be noted that the State adopted Codes represent a minimum standard and local jurisdictions can only add regulations and clarification, but cannot reduce State regulations. The proposed Building, Electrical and Plumbing Code amendments largely represent items of clarification, many of which are administrative in nature. The proposed Fire Code amendments represent clarification unique to Yucaipa's proximity to fire severity zones. Regarding the Green Building Standards Code, the City of Yucaipa is not proposing to adopt any local amendments; therefore, the City would be adopting the Green Building Code consistent with the State Code.
The current International Property Maintenance Code will also be adopted.
FISCAL IMPACT:
There are no fiscal impacts associated with this item.
CONCLUSION:
That the City Council conduct a public hearing and approve second reading, by title only, as read by staff, of Ordinance No. 417, adopting by reference, and amending the current editions of certain California Building and Fire Codes related to the regulation of construction, and repealing -235-
City Council Meeting of November 28, 2022
2022 Building Codes
Ordinance No. 381 and all provisions in conflict therewith, and adopting Resolution No. 2022-58, setting forth findings for amendments to the 2022 California Codes relative to local conditions.
Attachments: Ordinance No. 417
Resolution 2022-58
Approved
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ORDINANCE NO.417
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF YUCAIPA, CALIFORNIA, ADOPTING BY REFERENCE, AND AMENDING PART 1 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA ADMINISTRATIVE CODE; PART 2 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE CALIFORNIA BUILDING CODE 2022 EDITION, VOLUMES 1 AND 2, WITH APPENDICES, F G, H, I, J, N AND CHAPTER 1 DIVISION II; PART 2.5 OF TITLE 24 OF THE CALIFORNIA
CODE OF REGULATIONS, COMPRISING THE CALIFORNIA RESIDENTIAL CODE 2022 EDITION, WITH APPENDICES; PART 3 OF TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, COMPRISING THE CALIFORNIA ELECTRICAL CODE 2022 EDITION; PART 4 OF TITLE 24 OF THE CALIFORNIA
CODE OF REGULATIONS, COMPRISING THE CALIFORNIA MECHANICAL CODE, 2022 EDITION; PART 5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE CALIFORNIA PLUMBING CODE, 2022 EDITION WITH APPENDIX H; PART 6 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE CALIFORNIA ENERGY CODE, 2022 EDITION; PART 8 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE CALIFORNIA HISTORICAL BUILDING CODE 2022 EDITION; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE CALIFORNIA FIRE CODE, 2022 EDITION WITH APPENDIX CHAPTER 4, APPENDICES B,BB,C,CC, D,E,F,G,H,I,N AND O; PART 10 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; PART 11 OF TITLE 24
OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE
CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION; PART 12 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE CALIFORNIA REFERENCED STANDARDS CODE, 2022 EDITION; THE 2021
EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND APPENDIX H; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION,; REPEALING ORDINANCE NO. 381, AND ALL
ORDINANCES AND PROVISIONS IN CONFLICT HEREWITH, AND AMENDING TITLE 15 OF THE YUCAIPA MUNICIPAL CODE.
WHEREAS, California Government Code Section 50022.1, et seq. provides that cities may adopt by reference, in whole or in part, the California Building Standards Code as well as other model and uniform codes; and
WHEREAS, a noticed public hearing was held by the City Council on November 14, 2022, concerning the adoption of this Ordinance; and
WHEREAS, California Health and Safety Code Section 17958.5 and Section 18941.5 allow local jurisdictions to amend Codes comprising the California Building Standards Code, provided that changes to building standards are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, it is in the interest of the public health, safety, and welfare to adopt these 1 -237-
Codes by reference and enact certain amendments thereto, as set forth herein, including amendments to building standards, because such changes to building standards are reasonably necessary based on local climatic, geological, and/or topographical conditions; and WHEREAS, That the additional requirements and standards established herein are needed to properly protect the health, safety and welfare of the existing and future residents and workers within the City of Yucaipa. Said requirements and standards are reasonably necessary because of local climatic, geological, and topographical conditions and comply with existing state laws and regulations, and
WHEREAS, State law allows local governments to amend Codes comprising the California Building Standards Code, provided the amendments are more restrictive and are reasonably necessary. The City Council of the City of Yucaipa has made findings connected to these local climatic, geographical and topographical conditions and has adopted Resolution No. 2022-58.
NOW, THEREFORE, the City Council of the City of Yucaipa does ordain as follows Section 1. Section 15.04.010 of Chapter 15.04 of Title 15 of the Yucaipa Municipal Code is hereby amended in its entirety to read as follows:
"15.04.010 California Building Code adopted.
A. Except as hereinafter provided, the California Building Code Volumes 1 and 2, 2022 Edition (Part 2, Title 24, California Code of Regulations), which incorporates and amends the International Building Code, 2021 Edition, including California Building Code Chapter 1 Division II, and Appendices F, G, H, I J, and N published by the International Code Council, is hereby adopted by reference as the Building Code of the City of Yucaipa for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City of Yucaipa, and providing for issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, conditions and terms of the California Building Code, 2022 Edition, Volumes 1 and 2, and the secondary publications referenced above, not adopted or amended in the California Building Code, or amended herein, are hereby adopted by reference and made a part hereof as if fully set out in this ordinance.
B. A copy of the Building Code of the City of Yucaipa, including each and all of the codes referenced in subsection A, shall be maintained in the office of the Building Division of the Community Development Department in the City of Yucaipa, and shall be made available for public inspection while this Code is in force." Section 2. Section 15.04.020 of Chapter 15.04 of Title 15 of the Yucaipa Municipal Code is hereby amended in its entirety to read as follows:
1115.04.020 California Building Code amendments.
Section 104.8 of the CBC is amended to read as follows:
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104.8 Liability. The Building Official or his or her authorized representative as employees or acting under contract as agents of this jurisdiction, charged with the enforcement of this code and the technical codes, acting in good faith and without malice in the discharge of their duties, shall not thereby be rendered personally liable for damage that may occur to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the Building Official, employee or his/her authorized agent acting under contract of this jurisdiction, because of such act or omission performed by the Building Official, employee or his/her authorized agent acting under contract of this jurisdiction in the enforcement of the provisions of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting there from shall be assumed by this jurisdiction.
This Code shall not be construed to relieve from or lessen the responsibility of any such person owning, operating or controlling a building, structure or building service equipment therein for damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming such liability by reason of the inspections authorized by this code, or permits or certificates issued under this Code.
Section 105.2, exemptions 2, 9 and 14, of the CBC are amended to read as follows:
2. Fences not over 6 feet (2134 mm) high. Block walls not over 4 feet high (1219 mm).
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.
14. Decks not over 200 square feet (18.58 in 2) in area, that are not more than 30 inches (762mm) above grade at any point, and not attached to a dwelling and do not serve the exit door required by Section R311.2.
Section 105.5 of the CBC is amended to read as follows:
105.5 Expiration. Every residential permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 365 days after its issuance, or if work has been suspended or abandoned for a period of 180 days between each required inspection. Every commercial 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 work has been suspended or abandoned for a period of 180 days between each required inspection. The building official is authorized to grant, in writing, only one extension of time for a period of 180 days. The extension shall be requested in writing and justifiable cause demonstrated.
Section 109.2 of the CBC is amended to read as follows:
109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and 3 -239-
plumbing systems, grading or alterations requiring a permit, a fee for each permit shall be paid as set forth in the most recent resolution of the City Council regarding fees for building, plumbing, mechanical, electrical, solar, fire and grading permits. When a plan or other data is required to be submitted by Section 106.1, the plan review fee, established by city council resolution, must be paid at the time of submitting plans and specifications for review.
Section 109.6.1 is added to the CBC to read as follows:
109.6.1 Fee refunds. The Building Official may authorize a refund of any fee that was erroneously paid or collected.
The Building Official may authorize a refund of not more than eighty percent (80%) of the applicable permit fee paid when no work has been done under the permit.
The Building Official may authorize a refund of not more than 80 percent of the plan review fee paid when an application for a permit is withdrawn or canceled before any examination time has been expended.
The Building Official may not authorize a refund of any fee paid except upon written application filed by the original permittee no later than 180 days after date of fee payment.
Section 109.7 is added to the CBC to read as follows:
109.7. Investigation fees: Work without a Permit.
109.7.1 Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation will be made before a permit may be issued.
109.7.2 Fee. An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then or subsequently issued. The investigation fee must be equal to the amount of the permit fee required by this code and will be established by City Council resolution. The payment of such investigation fee will not exempt an applicant from compliance with all other provisions of either this code or the technical codes, nor from the penalty prescribed by law.
Section 109.8 is added to the CBC to read as follows:
109.8 Reinspection Fees. A reinspection fee may be imposed for each inspection or reinspection, when such portion of work for which inspection is called is not complete or when required corrections are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of the technical codes, but as a method of controlling the practice of calling inspections before the job is ready for such inspection or reinspection.
Reinspection fees may be imposed when the inspection record card is not posted, or otherwise not available on the work site; the approved plans are not readily available to the inspector; for failure to provide access on the date for which the inspection is 2 -240-
requested; or for deviating from plans requiring the approval of the Building Official.
To obtain a reinspection, the applicant must file an application in writing upon a city - approved form and pay the applicable reinspection fee.
In instances where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.
Section 111.3 of the CBC is amended to read as follows:
111.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit and approvals; provided that such portion or portions shall be occupied safely, and approvals granted from associated departments. The building official shall set a time period during which the temporary occupancy is valid, and the applicant shall provide a bond or cash deposit for the cost of completion of the work.
Section 113.3 of the CBC is amended to read as follows:
Section 113.3 Board of appeals qualifications The City Council shall be designated as the board of appeals.
Section 202 of the CBC is amended by adding the following definitions to read as follows:
BARRIER means a fence, wall, building wall, or any combination of these that completely surrounds the swimming pool or yard and obstructs access to the swimming pool.
SWIMMING POOL means any body of water created by artificial means which is designed, intended for use, or used for swimming or immersion purposes, which has a water depth exceeding 18 inches. The term, "pool," includes swimming pools, spas, hot tubs, above -and below- ground, and vinyl -lined pools; pool does not include plumbing fixtures such as bathtubs nor does it apply to man-made lakes, reservoirs, farm ponds, or ponds used primarily for public park purposes, water conservation purposes, irrigation purposes or for the watering of livestock.
SPA, NON -SELF-CONTAINED means a hydro -massage pool or tub for recreational or therapeutic use, not located in health-care facilities, designed for immersion of users and usually having a filter, heater and motor driven blower. It may be installed indoors or outdoors, on the ground or on a supporting structure, or in the ground or in a supporting structure. A non -self-contained spa is intended for recreational bathing and contains water over 18 inches deep.
SPA, SELF-CONTAINED means a continuous -duty appliance in which all control, water -heating and water -circulating equipment is an integral part of the product, located entirely under the spa skirt. A self-contained spa is intended for recreational bathing and contains water over 18 inches deep.
Section 1505.1 of the CBC is amended to read as follows:
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1505.1 General. Roof assemblies shall be divided into classes Class A and B roof assemblies and roof coverings required to shall be tested in accordance with ASTM E108 or UL 790.
Table 1505.1 of the CBC is amended to read as follows:
TABLE 1505.1
defined in this section.
be listed by this section
MINIMUM ROOF COVERING CLASSIFICATION FOR
TYPES OF CONSTRUCTION a
IA
IB
IIA
IIB
IIIA
IIIB
IV
VA
VB
B
B
B
B
B
B
B
B
B
FOR SI: 1 FOOT = 304.8 MM, 1 square foot = 0.0929m2
(footnote a: Unless otherwise required in accordance with Chapter 7A) Section 1505.1.2 of the CBC is amended to read as follows:
1505.1.2 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 fire -retardant roof covering that is at least Class B
Section 3109.1 of the CBC is amended to read as follows:
3109.1 General. The design and construction of swimming pools, spas and hot tubs shall comply with this Code, including Section 3109.2.
Section 3109.3 is added to the CBC to read as follows:
3109.3 Residential swimming pools. Residential swimming pools shall be completely enclosed by a barrier complying with California Residential Code Appendix AX, as amended.
Sections 3109.3.1 through 3109.3.3 are added to the CBC to read as follows:
3109.3.1 Barrier height and clearances. The top of the barrier must be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool.
The maximum vertical clearance between grade and the bottom of the barrier must be two inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier must be four inches. 3109.3.1.1 Openings. Openings in the barrier must not allow passage of a 4-inch-diameter sphere.
Ce
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3109.3.1.2 Solid barrier surfaces. Solid barrier surfaces which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
3109.3.1.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not be greater than 1 3/4 inches in width. Where there are decorative cutouts within vertical members, spacing with the cutouts shall not be greater than 1 3/4 inches in width. 3109.3.1.4 Widely spaced horizontal members. Where the barrier is composed of horizontal members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members must not be greater than 4 inches.
Where there are decorative cutouts within vertical members, spacing must not be greater than 1 3/4 inches in width.
3109.3.1.5 Chain link dimensions. Mesh size for chain link fences must not be greater than 1 3/4 inches in width, unless the fence is provided with slats fastened at the top or bottom that reduce the openings to not more than 1 3/4 in width. 3109.3.1.6 Diagonal members. Where the barrier is composed of diagonal members shall not be greater than 1 3/4 inches.
3109.3.1.6 Gates. Access gates must comply with the requirements of Sections 3109.3.1 through 3109.3.1.6 and must be equipped to accommodate a locking device. Pedestrian access gates must open outward away from the pool and must be self- closing and have a self -latching device. Doors or gates other than pedestrian access gates must have a self - latching device and must be equipped with lockable hardware or padlocks and must remain locked at all times when not in use. Release mechanisms must comply with Sections 1010.1.9 and 1109.13. Where release mechanisms of the self -latching device are located less than 60 inches above grade measured on the side of the barrier that faces away from the swimming pool, the release mechanism must be located on the pool side of the gate at least three inches below the top of the gate and the gate barrier may have no opening greater than one-half inch within 18 inches of the release mechanism. 3109.3.1.7 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, two safety devices must be provided in accordance with Section 115922 of the California Health and Safety Code.
3109.3.1.8 Pool structure as barrier. Where an above -ground pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.3.1.1 through 3109.3.1.5. Where the ladder or steps are secured, locked or removed, any opening shall not allow the passage of a 4-inch-diameter sphere.
3109.3.2 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.3.1.1. through 3109.3.1.5 7 -243-
3109.3.3 Prohibited locations. Barriers shall be located as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. There shall be a clear zone of not less than 36" between the exterior of the enclosure and any permanent structures or equipment such as pumps, filters and heaters that can be used to climb the enclosure.
Section 3109.4 is added to the CBC to read as follows:
3109.4 Withholding approval. Plaster inspection or approval to fill a pool and/or spa with water shall be withheld by the Building Official, until there has been compliance with all fencing and other requirements of this Section.
Appendices deleted. Appendices A, B, C, D, E, and K of the CBC are deleted.
Section 103.2 of Appendix J of the California Building Code is amended to read as follows:
JI03.2 Exemptions. A grading permit shall not be required for the following:
When approved by the building official, grading. which consist of a fill less than 1 foot in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 2ft in depth, not intended to support structures, that does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course.
Such grading shall be in an isolated, self-contained area, provided there is no danger to the public, and such grading will not adversely affect adjoining properties Excavation for construction of a structure permitted under this code. • Cemetery graves.
• Refuse disposal sites controlled by other regulations. • Excavations for wells, or trenches for utilities.
• Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties. Exploratory excavations performed under the direction of a registered design professional.
Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
Section J104.2.1 is added to Appendix J of the CBC to read as follows:
J104.2.1 Grading designation. All grading exceeding 500 cubic yards must be performed in accordance with the approved grading plan prepared by a civil engineer and will be designated as engineered grading. Grading involving less than 500 cubic yards will be designated regular grading, unless Building Official's determines that special conditions or unusual hazards exist, in which case the grading must conform to the requirements for engineered grading.
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Section J104.2.2 is added to Appendix J of the CB to read as follows:
J104.2.2 Engineered grading requirements. Application for a grading permit must, at a minimum, be accompanied by, but not be limited to, two sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications must be prepared and signed by an individual licensed by the State to prepare such plans or specifications when required by the City Engineer or Building Official.
Specifications must contain information covering construction and material requirements.
Plans must be drawn to scale upon substantial mylar; must be of sufficient clarity to indicate the nature and extent of the work proposed; and show in detail that they will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans must give the location of the work, the name and address of the owner, and the person who prepared the plans.
The plans must include, but not be limited to, the following information:
1. General vicinity of the proposed site.
2. Property limits and accurate contours of existing ground and details of terrain and area drainage.
3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction.
4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains.
5. Location of any buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent owners that are within 15 feet (4572 mm) of the property, or that may be affected by the proposed grading operations.
6. Recommendations included in the soils engineering report and the engineering geology report must be incorporated in the grading plans or specifications. When approved by the City Engineer or Building Official, specific recommendations contained in the soils engineering report and the engineering geology report, which are applicable to grading, may be included by reference.
7. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms, or individuals, who prepared the reports.
Section 105.1 of Appendix J of the CBC is amended by adding the following sentence:
'All grading equaling or greater than 5000 cubic yards shall be reviewed, permitted and inspected by the City Engineer or the Building Official per Resolution No. 90-100."' Section 3. Section 15.04.025 of Chapter 15.04 of Title 15 of the Yucaipa Municipal Code is hereby amended in its entirety to read as follows:
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"15.04.025 California Residential Code adopted with amendments.
A. Except as hereinafter provided, the California Residential Code, 2022 Edition (Part
2.5, Title 24, California Code of Regulations) ("CRC"), which incorporates and amends the International Residential Code, 2021 Edition, published by the International Code Council, is hereby adopted as the Residential Code of the City of Yucaipa for regulating the design, construction, quality of materials, erections, installation, alteration, repair, location, replacement, addition to, use or maintenance of residential buildings in the City of Yucaipa, and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such "International Residential Code," 2021 Edition published by the International Code Council, not adopted or amended in the California Residential Code, which are on file in the office of the Building Division of the Community Development Department in the City of Yucaipa, are hereby adopted by reference and made a part hereof as if fully set out in this ordinance.
B. A copy of the Residential Code of the City of Yucaipa shall be maintained in the office of the Building Division of the Community Development Department in the City of Yucaipa, and it shall be made available for public inspection while this Code is in force.
Table R301.2 of the CRC is amended to read as follows:
TABLE 301.2
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW
WIND DESIGN
Seismic
Design
Subject To Damage From
Speed
Topograp
Specia
Wind
Weatherin
Frost
Termit
Winter
Ice Barrier
Flood
Air
Mean
LOAD
hic
1 Wind
Bourn
Category
g
Line
e
Desig
Underlaym
Hazar
Freezing
Annu
Effects
Regio
e
Depth
n
ent
d
al
n
Debri
Temp
Temp
Zero
95/110
Yes
No/Ye
No
D1,D2,or
Negligible
12-24"
Very
43 NO
Yes/N
0 63
s
E
Heavy
o
Sections R403.1.2, R403.1.3, R403.1.3.1 - R403.1.4, R403.1.3.6, and R403.1.6.1 of the CRC are amended to read as follows:
R403.1.2 Continuous footings in Seismic Design Categories DO, D1, D2, and E. Exterior walls of buildings located in Seismic Design Categories DO, DI, D2, and E, must be supported by continuous solid or fully grouted masonry or concrete footings. Other footing materials or systems must be designed in accordance with accepted engineering practice. The braced wall panels at exterior walls of buildings located in Seismic Design Categories DO, D1, D2 and E must be supported by continuous footings. All required interior braced wall panels in buildings must be supported by continuous footings.
The exception is deleted in its entirety.
R403.1.3 Footing and stem wall reinforcing in Seismic Design Categories DO, D1, D2 and E. Concrete footings located in Seismic Design Categories DO, D1, D2, and E, as established in Table R301.2(1), must have minimum reinforcement in accordance with this section and Figure R403.1.3. Reinforcement must be installed with support and cover in accordance with Section R403.1.3.5.
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R403.1.3.1 Concrete stem walls with concrete footings. In Seismic Design Categories DO, D1, D2, and E, where a construction joint is created between a concrete footing and a concrete stem wall, a minimum of one No. 4 vertical bar must be installed at not more than four feet (4') on center. The vertical bar must have a standard hook and extend to the bottom of the footing and must support and cover as specified in Section R608.5.4.5. A minimum of one No. 4 horizontal bar must be installed within 12 inches of the top of the stem wall and one No. 4 horizontal bar must be located 3 to 4 inches from the bottom of the footing.
R403.1.3.2 Masonry stem walls with concrete footings. In Seismic Design Categories DO, D 1, D2, and E, where a masonry stem wall is supported on a concrete footing, a minimum of one No. 4 vertical bar must be installed at not more than four feet (4') on center. The vertical bar must have a standard hook and extend to the bottom of the footing and must have support and cover as specified in Section R403.1.3.5.3 and extend a minimum of 14 inches into the stem wall. Standard hooks must comply with Section R608.5.4.5. A minimum of one No. 4 horizontal bar must be installed within 12 inches of the top of the wall and one No. 4 horizontal bar must located 3 to 4 inches from the bottom of the footing. Masonry stem walls must be solid grouted.
R403.1.3.3 Slabs -on -ground with turned -down footings. In Seismic Design Categories DO, D1, D2, and E, slabs on ground cast monolithically with turned -down footings must have a minimum of one No. 4 bar at the top and the bottom of the footing or one No. 5 bar or two No. 4 bars in the middle third of the footing depth. Where the slab is cast monolithically with the footing, No. 3 or larger vertical dowels with standard hooks on each end must be installed at not more than 4 feet on center in accordance with Figure R403.1.3, Detail 2. Standard hooks must comply with Section R608.5.4.5.
R403.1.3.4 Interior bearing and braced wall footings in Seismic Design Categories DO, D1, D2, and E. In Seismic Design Categories DO, DI, D2, and E, interior footings supporting bearing walls or braced wall panels, and cast monolithically with a slab on grade, must extend to a depth of not less than 12 inches below grade.
R403.1.3.6 is deleted in its entirety.
R403.1.6.1 Foundation anchorage in Seismic Design Categories C, DO, D1, D2, and E. In addition to the requirements of Section R403.1.6, the following requirements apply to wood light -frame structures in Seismic Design Categories DO, D1, D2, and E and wood light- framed townhouses in Seismic Design Category C.
Section R902.1 of the CRC is 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 or B roofing shall be installed in areas designated by this section and in accordance with the High Fire Area requirements as set forth in other portions of this code. Class A or B roofing required by this section to be listed and tested in accordance with UL 790 or ASTM E 108.
Section R902.1.2 of the CRC is amended to read as follows:
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R902.1.2 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 fire -retardant roof covering that is at least Class B Section R902.2, first paragraph, of the CRC is amended to read as follows:
R902.2 Fire retardant -treated shingles and shakes. 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 for use on a Class A or B roof."
Section 4. Section 15.04.030 of the Yucaipa Municipal Code is hereby amended in its entirety to read as follows:
"15.04.030 California Electrical Code adopted with amendments.
A. Except as hereinafter provided, the California Electrical Code, 2022 Edition (Part 3, Title 24, California Code of Regulations), including all annexes ("CEC"), which incorporates and amends the National Electrical Code, 2020 Edition, published by the National Fire Protection Association, is hereby adopted by reference as the electrical code of the City of Yucaipa for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of electrical systems in the City of Yucaipa, and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions, and terms of such National Electrical Code, 2020 Edition, published by the National Fire Protection Association, not adopted or amended in the California Electrical Code, which are on file in the office of the Building Division of the Community Development Department in the City of Yucaipa, are hereby adopted and made a part hereof as if fully set out in this ordinance
B. A copy of the Electrical Code of the City of Yucaipa shall be maintained in the office of the Building Division of the Community Development Department in the City of Yucaipa, and it shall be made available for public inspections while this Code is in force. c) Article 690.13 of the California Electrical Code is being amended to read as follows:
690.13 Photovoltaic System Disconnecting Means.
(A) Location. The PV disconnecting means shall be installed at a readily accessible location outside of a building or structure nearest the point of entrance of the system conductors. A single visible, lockable AC disconnect shall be within 3 feet of the meter on the exterior of the building. Where disconnecting means of systems above 30V are readily accessible to unqualified persons, any enclosure door or hinged cover that exposes live parts when open shall be locked or require a tool to open." Section 5. Section 15.04.040 of Chapter 15.04 of Title 15 of the Yucaipa Municipal Code is hereby amended in its entirety to read as follows:
12 "15.04.040 California Plumbing Code with amendments.
A. Except as hereinafter provided, the California Plumbing Code, 2022 Edition (Part 5, Title 24, California Code of Regulations), including all appendices, which incorporates and amends the Uniform Plumbing Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, including Uniform Plumbing Code Appendices thereto, not in conflict with the California Plumbing Code, is hereby adopted by reference as the Plumbing Code of the City of Yucaipa for regulating the design, construction, quality of materials, erections, installation, alteration, repair, location, replacement, addition to, use or maintenance of plumbing systems in the City of Yucaipa, and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of the "Uniform Plumbing Code," 2021 Edition, not adopted or amended in the California Plumbing Code, and "IAMPO Installations Standards", 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, which are on file in the office of the Building Division of the Community Development Department in the City of Yucaipa, are hereby adopted by reference and made a part hereof as if fully set out in this ordinance B. A copy of the Plumbing Code of the City of Yucaipa shall be maintained in the office of the Building Division of the Community Development Department in the City of Yucaipa, and it shall be made available for public inspection while this Code is in force.
Section 710.1 of the California Plumbing Code is amended to read as follows:
710.1 Backflow Protection. Drainage piping serving fixtures which have flood level rims located less than 12" above the elevation of the next upstream manhole cover of the public sewer serving such drainage piping shall be protected from back flow of sewage by installing an approved type of backwater valve. Fixtures being served by a private sewage disposal may have their flood level rims located at the elevation of the next upstream manhole cover, fixtures above such elevations shall not discharge through the backwater valve.
Section 719.1 of the California Plumbing Code is amended to read as follows:
719.1 Locations. Cleanouts shall be placed inside the building near the connection between the building drain and the building sewer or installed outside the building at the lower end of the building drain and extended to grade, cleanouts are prohibited in garage floors."
Section 6. Section 15.04.060 of Chapter 15.04 of Title 15 of the Yucaipa Municipal Code is hereby deleted in its entirety:
Section 7. Section 15.04.070 Chapter 15.04 of Title 15 of the Yucaipa Municipal Code is hereby amended in its entirety to read as follows:
"15.04.070 California Mechanical Code adopted.
A. Except as herein after provided, the California Mechanical Code, 2022 Edition (Part 13 -249-
4, Title 24, California Code of Regulations), including all appendices, which incorporates and amends the Uniform Mechanical Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference as the Mechanical Code of the City of Yucaipa for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, ventilation, cooling, refrigeration systems, incinerators, or other miscellaneous heat -reducing appliances in the City of Yucaipa, and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of the Uniform Mechanical Code, 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, that are not adopted or amended in the California Mechanical Code, are hereby adopted and made a part hereof as if fully set out in this ordinance.
B. A copy of the Mechanical Code of the City of Yucaipa shall be maintained in the office of the Building Division of the Community Development Department in the City of Yucaipa, and it shall be made available for public inspection while this Code is in force."
Section 8. Section 15.04.080 of Chapter 15.04 of Title 15 of the Yucaipa Municipal Code is hereby amended in its entirety to read as follows:
"15.04.080 California Administrative Code adopted.
A. Except as hereinafter provided, the California Administrative Code, 2022 Edition (Part 1, Title 24, California Code of Regulations), including all appendices thereto, is hereby made a part hereof as though set forth in full and the same shall be established and adopted by reference as the rules, regulations, provisions and conditions for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use and maintenance of buildings or structures in the City; and is hereby adopted by reference as the Administrative Code of the City of Yucaipa B. A copy of the Administrative Code of the City of Yucaipa shall be maintained in the office of the Building Division of the Community Development Department in the City of Yucaipa, and it shall be made available for public inspection while this Code is in force."
Section 9. Section 15.04.090 of Chapter 15.04 of Title 15 of the Yucaipa Municipal Code is hereby amended in its entirety to read as follows:
"15.04.090 INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED.
A. Except as hereinafter provided, the International Property Maintenance Code, 2021 Edition, published by the International Code Council, is hereby made a part hereof as though set forth in full and the same shall be established and adopted as the rules, regulations, provisions and conditions for the maintenance of buildings or structures in the City; and is hereby adopted by reference as the Property Maintenance Code of the City of Yucaipa
B. A copy of the International Property Maintenance Code of the City of Yucaipa shall 14 -250-
be maintained in the office of the Building Division of the Community Development Department in the City of Yucaipa, and it shall be made available for public inspection while this Code is in force."
Section 10. Section 15.04.110 of Chapter 15.04 of Title 15 of the Yucaipa Municipal Code is hereby amended in its entirety to read as follows:
1115.04.110 California Fire Code adopted with amendments.
A. Except as herein after provided, the California Fire Code, 2022 Edition (Part 9, Title 24, California Code of Regulations), including appendices B, BB, C, CC, D, E, F, G, H, I, N and O , which incorporates and amends the International Fire Code, 2021 Edition, published by the International Code Council, is hereby adopted by reference as the Fire Code of the City of Yucaipa for regulating the design, construction, quality of materials, erection installation, alteration, repair, location, relocation, replacement, addition to, provisions of the Fire Code systems, or other provisions in the City of Yucaipa, and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such International Fire Code 2021 Edition, not adopted or amended in the California Fire Code, and excepting Section 103, published by the International Code Council, which are on file in the office of the City Clerk, City of Yucaipa, are hereby adopted by reference and made a part hereof as if fully set out in this ordinance
B. A copy of the Fire Code of the City of Yucaipa shall be maintained in the office of the Building Division of the Community Development Department in the City of Yucaipa, and it shall be made available for public inspection while this Code is in force." Section 11. Section 15.04.115 of Chapter 15.04 of Title 15 of the Yucaipa Municipal Code is hereby amended to read as follows:
1115.04.115 California Fire Code amendments.
The California Fire Code, as adopted herein, is amended as follows:
A. Definitions.
1. Wherever the word "Jurisdiction" is used in said California Fire Code, it shall mean the City of Yucaipa.
2. Wherever the term "Corporation Counsel" is used in said California Fire Code, it shall mean the City Attorney for the City of Yucaipa.
3. Wherever the term "Chief is used in said California Fire Code, it shall mean the Fire Chief of the City of Yucaipa, or his or her authorized representative.
4. Wherever the term "Fire Department" is used in said California Fire Code, it shall mean the Fire Department of the City of Yucaipa.
5. An employee or agent of the City of Yucaipa, when enforcing the California Fire Code, the Yucaipa Municipal Code and other laws, rules and regulations relating to fire and life safety, fire prevention and fire investigation, shall be deemed a "Peace Officer" as those words are used in Section 830.31 of the California Penal Code.
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B. Amendments.
A new Section 103.4 is hereby added to the California Fire Code to read as follows:
103.4 Cost Recovery. Fire suppression, investigation and rescue or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1. Any person who negligently, intentionally, or in violation of law, causes an emergency response, including but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for the costs of securing such emergency, including those costs set out in Health and Safety Code Section 13009, et seq., and Government Code Section 53150, et seq. Any expense incurred by the fire department for securing such an emergency may constitute a debt of such person and may be collectible by the City in the same manner as in the case of an obligation under contract, expressed or implied.
Section 104.1.1 is hereby added to the California Fire Code to read as follows:
104.1.1 Responsibilities. The Chief is authorized to administer and enforce this Code.
Under the Chief s direction, the fire department is authorized to enforce all ordinances of the jurisdiction and the laws of the State pertaining to the prevention of fires, the suppression or extinguishment of dangerous or hazardous fires, the storage, use and handling of hazardous materials, the installation and maintenance of automatic, manual and other private fire alarm systems and fire -extinguishing equipment, the maintenance and regulation of fire escapes, the maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures and other property, including those under construction, the maintenance of means of egress, and the investigation of the cause. origin and circumstances of fire and unauthorized releases of hazardous materials.
Employees and agents of the City of Yucaipa are hereby authorized to interpret and enforce the provisions of this Code (except as provided in Section 108.1) and to make arrests and issue citations as authorized by law.
Section 107.1.1 is hereby added to the California Fire Code to read as follows:
107.1.1 Permit Fees. Permit fees as established by City Council resolution shall be collected by the Finance Department. Proof of receipt shall accompany all permit applications prior to inspection and approval by the fire department.
Section 111.1 of the California Fire Code is hereby amended to read as follows:
111.1 Board of Appeals Established. To determine the suitability of alternate materials and types of construction and to provide for reasonable and lawful interpretations of the provisions of this Code, there shall be and hereby is created a board of appeals, which shall be the City Manager of the City of Yucaipa, the Fire Chief, and the Planning Director. The board shall adopt reasonable rules and regulations for conducting its investigations and shall render decisions and findings in writing with a duplicate copy to the appellant.
Section 202 of the California Fire Code is hereby amended by adding the following 16 -252-
definitions:
ALL-WEATHER DRIVING SURFACE. is an approved concrete, asphalt, or engineered surface approved by the Code Official of sufficient thickness to support the imposed loads of fire apparatus.
BED AND BREAKFAST. See Lodging House.
EXPLOSIVE MATERIALS. Explosive materials are explosives, blasting agents and detonators including, but not limited to, dynamite and other high explosives; slurries, emulsions and water gels; black powder and pellet powder; initiating explosives; detonators or blasting caps; safety fuses; squibs; detonating cord; igniter cord; igniters and fireworks, 1.3G (Class B special fireworks) and any explosives as defined in Section 841 of Title 18 of the United States Code and published pursuant to Section 55.23 of Title 27 of the Code of Federal Regulations.
FIREWORKS. Fireworks means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term fireworks includes, but is not limited to: devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. (H&SC 12511). Including, but not limited to, all fireworks defined in the California Health and Safety Code starting with Section 12500.
FIRE SAFETY OVERLAY DISTRICT shall mean the Fire Safety Overlay Districts (FR1 and FR2) designated in high fire hazard areas and identified on the City's General Plan hazards maps. Said areas (FR1 and FR2) may overlap or border areas identified by the State of California/Cal-Fire as "High Fire Severity Zone" or "Very High Fire Severity Zone". The State of California Fire Marshal has designated area in the north, northeastern and eastern portions of the City of Yucaipa as 'High Fire Hazard Severity Zone' or 'Very High Fire Severity Zone' areas, in which all new construction must comply with requirements of the California Building Code Chapter 7A. Changes to the Fire Code Chapter 2, Definitions. Section: 202 has been amended by adding to the definition of Fire Safety Overlay Districts to coordinate the City's existing labeled FR1 and FR2 zones into this new designation with State requirements. This change is also consistent with the City of Yucaipa General Plan.
HIGH EXPLOSIVE. An explosive material, such as dynamite, which can be caused to detonate by means of a No. 8 test blasting cap when unconfined and any explosive defined in Section 12000 of the California Health and Safety Code.
HAZARDOUS FIRE AREA. Land which is covered with grass, grain, brush or forest, whether privately, or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. Such areas are designated on maps entitled "Hazardous Fire Areas of San Bernardino County" on file in the office of the Chief
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MODEL ROCKET. Any toy or educational device, which weighs not more than 500 grams, including the engine and any payload, that is propelled by model rocket engines (H&SC 12519).
MODEL ROCKET ENGINE. A commercially manufactured, non -reusable rocket propulsion device which is constructed of a nonmetallic casing and solid propellant, wherein all of the ingredients are self-contained so as not to require mixing or handling by the user and which have design and construction characteristics determined by the State Fire Marshal to provide a reasonable degree of safety to the user (H&SC 12520).
Section 305.5.1 is hereby added to the California Fire Code to read as follows:
305.5.1 Spark Arresters Required. All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester, and the spark arrester shall meet all of the following requirements:
1. The net area of the spark arrester shall not be less than four times the net area of the outlet of the chimney.
2. The spark arrester screen shall have heat or corrosion resistance equivalent to 12 gage wire, 19 gage galvanized wire, or 24 gage stainless steel.
3. Openings shall not permit the passage of spheres having a diameter larger than 1/2-inch and shall not block the passage of spheres having a diameter of less than 3/8-inch.
4. The spark arrester shall be accessible for cleaning and the screen or chimney cap shall be removable to allow for cleaning of the chimney flue.
Section 307.1.2 is hereby added to the California Fire Code to read as follows:
307.1.2 Burning Operations. The burning of salvage vehicles and salvage or waste materials shall be prohibited.
Section 307.1.2.1 is hereby added to the California Fire Code to read as follows:
307.1.2.1 Material restrictions. Open burning of rubbish containing paper products, trash and debris containing non -organic material is prohibited.
Section 315.8. is hereby added to the California Fire Code to read as follows:
315.8 Removal. Combustible rubbish stored in containers outside of noncombustible vaults or rooms shall be removed from buildings at least once each working day or when determined by the Chief to be a fire hazard.
Section 315.9 is hereby added to the California Fire Code to read as follows:
315.9 Abatement. In the event that abatement is not performed as required in this code, the Chief may give notice to the owner of the property upon which such condition exists to correct such prohibited condition, and if the owner fails to correct such condition the Chief may cause the same to be done and make the expense of such correction a lien upon the property upon which such condition exists.
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Section 324 is hereby added to the California Fire Code to read as follows:
SECTION 324 USE OF EQUIPMENT
324.1 General. 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 engine is equipped with a spark arrester maintained in effective working order, or the engine is constructed, equipped, and maintained for the prevention of fire.
324.2 Spark arrester. Spark arresters affixed to the exhaust system of engines or vehicles subject to this section 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. 324.3 Specifications. A spark arrester is a device constructed of nonflammable material specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch (0.58 mm) in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels, or which is qualified and rated by the U.S.
Forest Service.
EXCEPTIONS: 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.
Turbocharged engines are not subject to this section if all exhaust gasses pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in effective mechanical condition.
Section 325 is hereby added to the California Fire Code to read as follows:
Section 325 RESTRICTED ENTRY
325.1 General. The Chief shall determine and publicly announce when hazardous fire areas shall be closed to entry and when such areas shall again be opened to entry. Entry on, and occupation of, hazardous fire areas, except public roadways, inhabited areas, or established trails and camp sites which have not been closed during such time when the hazardous fire area is closed to entry, is prohibited.
EXCEPTIONS: (1) Residents and owners of private property within hazardous fire areas, and their invitees and guests going to, or being upon, their lands; (2) Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department, and members of the U.S. Forest service Section 326 is hereby added to the California Fire Code to read as follows:
SECTION 326 TRESPASSING ON POSTED PROPERTY
326.1 General. When the fire code official determines that a specific area within a hazardous fire area presents an exceptional and continuing fire danger because of the 19 -255-
density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereinafter provided. 326.2 Signs. Approved signs prohibiting entry by unauthorized persons and referring to applicable fire code chapters shall be placed on every closed area. 326.3 Trespassing. Entering and remaining within areas closed and posted is prohibited.
EXCEPTION: Owners and occupiers of private or public property within closed and posed areas, their guests or invitees, and local, state or federal public officers and their authorized agents acting in the course of duty.
Section 327 is hereby added to the California Fire Code to read as follows:
SECTION 327 EXPLOSIVES AND BLASTING
327.1 General. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported, or disposed of within hazardous fire areas except by permit from the fire code official.
Section 328 is hereby added to the California Fire Code to read as follows:
SECTION 328 OUTDOOR FIRES
328.1 General. Outdoor fires shall not be built, ignited or maintained in or upon hazardous fire areas except by permit from the fire code official.
EXCEPTION: Outdoor fires within habited premises or designated camp sites where such fires are built in a permanent barbeque, portable barbeque, outdoor fireplace, incinerator or grill and are a minimum of 30 feet (9,144 mm) from a grass-, grain-, brush, - or forest - covered area.
328.2 Permits. Permits shall incorporate such terms and conditions that will reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited or maintained in or upon hazardous fire areas under the following conditions:
l . When high winds are blowing.
2. When a person aged 17 or over is not present at all times to watch and tend such fire.
3. When public announcement is made that open burning is prohibited. 328.3 Prohibited Burning. Permanent barbeques, portable barbeques, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash, or combustible waste material.
Section 503.1 of the California Fire Code is hereby amended to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in 20 -256-
accordance with sections 503.1.1 through 503.1.5
Section 503.1.4 is hereby added to the California Fire Code to read as follows:
503.1.4 Fire Apparatus Access. Plans for fire apparatus access roads or modification of fire apparatus access roads shall be submitted to the fire marshal for review and approval prior to construction.
Section 503.1.5 is hereby added to the California Fire Code to read as follows:
503.1.5 Fire lane designation. The Chief may designate fire apparatus access roads as "Fire Lane," pursuant to the provisions of Vehicle Code Section 22500.1.
Section 503.2.3 of the California Fire Code is hereby amended to read as follows:
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus, minimum of 75,000 lbs., and shall be provided with a surface so as to provide all-weather driving capabilities. Gravel, Turf block, Ritter Rings, Turf Paver and other similar products shall not be used for fire department access surfacing.
Section 503.2.7 of the California Fire Code amended to read as follows:
503.2.7 Grade. The gradient for fire apparatus access road grades shall not exceed the maximum of 12% unless approved by the Chief.
Section 505.1 of the California Fire Code is hereby amended to read as follows:
505.1 Premises Identification. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background.
New Group R, Division 3 Occupancy addresses shall be posted with a minimum of 4-inch (102 mm) numbers, visible from the street, and during the hours of darkness the numbers shall be low voltage, internally electrically illuminated. Posted numbers shall contrast with their background and be legible from the street. Where building setbacks exceed 100 feet (30,480 mm) from the roadway or where the addresses are not visible from the roadway, additional non -illuminated contrasting 4-inch (102 mm) numbers shall be displayed at the property entrance.
New Group A, B, E, F, H, I, L, M, R Division I and S occupancy addresses shall be posted with a minimum of 8-inch (203 mm) numbers, visible from the street, and during the hours of darkness shall be electrically illuminated. Where the building setback exceeds 200 feet (60,960 mm) from the roadway or where the addresses are not visible from the roadway, additional non -illuminated contrasting 6-inch (152 mm) numbers shall be displayed at the property entrance. Commercial occupancies with multiple tenants shall be posted with a minimum of 3-inch contrasting numbers displayed on the rear doors of the tenant spaces.
Section 505.1.1 is hereby added to the California Fire Code to read as follows:
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505.1.1 Map directory. A lighted directory map shall be installed and maintained at each driveway entrance to multiple unit residential projects and mobile home parks, where the total number of units in the project exceeds fifteen (15).
Section 605.3.1 is hereby added to the California Fire Code to read as follows:
605.3.1 Sparks from Chimneys. Chimneys used in conjunction with fireplaces or heating appliances in which solid or liquid fuel is used shall be equipped and maintained with an approved / listed spark arrester. An approved spark arrester shall mean a device constructed of stainless steel, copper, brass or woven galvanized wire mesh. The spark arrester screen shall have heat and corrosion resistance equivalent to 12-gauge wire, 19- gauge galvanized wire or 24-gauge stainless steel. Openings shall not permit the passage of spheres having a diameter larger than 1/2-inch (12.7 mm) and shall not block the passage of spheres having a diameter of less than 3/8-inch (9.5 mm). The screen shall be mounted per the manufacturers listing in or over all outside flue openings in a vertical or near vertical position, adequately supported to prevent movement and visible from the ground.
Section 605.3.2 is hereby added to the California Fire Code to read as follows:
605.3.2 Incinerators. Free-standing noncommercial incinerators are prohibited.
Commercial and industrial incinerators shall be in accordance with other governing agencies regulating emissions. For other requirements and for other types of incinerators, see the Building and Mechanical Codes.
Section 905.4 of the California Fire Code is hereby amended by adding the following:
7. The centerline of the 2.5" outlet shall be no less than 18" above, and no more than 24" above, the finished floor.
8. Outlets shall be provided on every floor of the building.
9. Every new building with any horizontal dimensions greater than 300 feet (91,440 mm) shall be provided with either access doors or a 2.5" outlet so that all portions of the building can be reached with 150 feet (45,720 mm) of hose from an access door or hose outlet. Required access doors shall be located in the exterior of the building and shall be accessible without the use of a ladder. The door dimensions shall be not less than 3 feet (914 mm) in width, and not less than 6 feet 8 inches (2,032 mm) in height.
Section 2809.1.1 is hereby added to the California Fire Code to read as follows:
2809.1.1 Pallet Yards. Pallet storage, handling, repair or manufacturing shall comply with the requirements of this Article. Pallets must be stored in an orderly manner not to exceed 16 feet in height, 20 feet in width, and 70 feet in length. Pile separation shall be a minimum of 20 feet and no closer than 26 feet to property lines or exposures. Fire department access roadways shall be no less than 26 feet in width with a vertical clearance of 14 feet 6 inches.
All fire department roadways shall be maintained within 150 feet of all pallet storage and 22 -258-
structures. Pallet yards shall be considered as a heavy industrial use.
Section 3703.4.1 is hereby added to the California Fire Code to read as follows:
3703.4.1 Storage of Agricultural Products. Hay, straw and other similar agricultural products shall not be stored adjacent to buildings (except shade structures), property lines, or other combustible material unless a cleared horizontal distance equal to the height of pile or 20 feet, whichever is greater, is maintained between such storage and combustible material, property lines and buildings.
Section 4901.3 is hereby added to the California Fire Code to read as follows:
4901.3 General. A Fuel Modification Plan, approved by the Chief, may be required for new development within the fire overlay districts. The Fuel Modification Plan shall include mitigation measures consistent with the unique problems resulting from the location, topography, flammable vegetation and climate of the proposed site within the FR1 and FR2 Zones. The Fuel Modification Plan shall address water supply, access, building ignition and the fire resistance, fire protection systems and equipment, defensible space and vegetation management. The Fuel Modification Plan shall be consistent with the Interface Code, Appendix TIA and the City of Yucaipa Development Code, or at the option of the Chief, with other nationally recognized standards and good practice.
Section 4905.4 is hereby added to the California Fire Code to read as follows:
4905.5 Construction Within FR-1 and FR-2 Overlay Zones
1. General Provisions
a. The provisions of this section shall apply to all phases of a development project.
b. A notice of all land use applications and/or development permits that would lead to the construction of structures or the subdivision of land shall be filed with the responsible fire authority by the Community Development Department.
C. All proposed land use applications that would lead to the construction or expansion of a structure or the subdivision of land shall be submitted to the responsible fire authority and the appropriate Resource Conservation District Office for review and recommendation. Any recommendations received shall be indicated in any staff report and/or presentation for the proposed development and shall be incorporated into the conditions of approval where possible. d. All proposed development must meet all other applicable standards set forth by the responsible fire authority.
e. When the requirements of the underlying land use district or an applicable specific plan are more restrictive than the provisions of this section, such requirements shall prevail.
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f. When an addition, alteration, enlargement or reconstruction of a structure equals or exceeds fifty percent (50%) of the existing structure, or twenty-five percent (25%) of the roof for the roofing requirements only, the provisions of the City of Yucaipa Development Code, regarding construction requirements shall apply to the entire structure and/or the whole roof as applicable. Such structures and/or roofs shall be entirely retrofitted to comply with the provisions of this section.
2. Division of Review Areas
The Fire Safety Review Areas, as established by CAL FIRE and adopted by the City of Yucaipa. Each represents a different level of wildland hazard. A different set of requirements is applied in each review area. The provisions for these requirements, are cumulative in that all of the requirements that are specified for Fire Safety Review Area 2 shall also apply to Fire Safety Review Area 1, in addition to those specified for only Fire Safety Review Area 1.
a. Fire Safety Review Area 1 (FR1)
Fire Safety Review Area 1 includes wildland areas that are marginally developable, areas which are not likely to be developed, and the area of transition between wildlands and areas that are partially developed or are likely to be developed in the future. The area of transition is often characterized by an abrupt slope change. Natural hazards are prevalent throughout Area 1, especially in areas with natural ungraded slopes greater than thirty percent (30%). Area 1 includes areas of very high to extreme fire hazard.
b. Fire Safety Review Area 2 (FR2)
Land within Area 2 is relatively flat, and is either partially or completely developed, or, if it is not developed, is usually suitable for development. Present and future development within Area 2 is exposed to the impacts of wild land fires and other natural hazards primarily due to its proximity to Area 1.
3. Area FR1 and FR2 Requirements
a. Construction Requirements
(1) Roof coverings shall be either non-combustible or fire retardant with a minimum Class A rating, as defined in the California Building Code.
Wood shake or shingle roof coverings are not permitted. (2) Every chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used, shall be maintained with a spark arrester. An approved spark arrester shall mean a device constructed of stainless steel, copper or brass, woven galvanized wire mesh, twelve (12) gauge minimum of three -eights (3/8) inch minimum to one-half (1/2) inch maximum openings, mounted in or overall outside flue openings in a 24 -260-
vertical and near vertical position, adequately supported to prevent movement and visible from the ground.
(3)Louvers, ventilators, or openings in walls, roofs, attics, and under floor areas having headroom less than four (4) feet in height which are not fitted with sash or doors, shall be covered with wire screen. The screen covering such openings shall be of galvanized metal or copper and shall have a maximum mesh of one -quarter (1/4) inch.
(4)Eave-type attic ventilators are prohibited.
(5) The space between rafters at exterior walls shall be solidly filled with tight -fitting wood blocks at least one and one-half (1-1/2) inches thick. (6) Fuel tanks (e.g., liquefied petroleum tanks) shall be located at least ten (10) feet away from any structure and in accordance with the California Fire Code.
(7) All non -accessory buildings shall have reflective and noncombustible building address numbers with at least three inch (3") high lettering visible from the road on which the structure fronts.
(8) All buildings on lots created after the effective date of this section shall be set back at least thirty feet (30') from the boundary of the San Bernardino National Forest.
(9) Structures in areas with slopes exceeding thirty percent (30%) and thirty feet (30') in height shall comply with the following:
(a) Where structures are proposed or within two hundred (200) feet of slopes that are greater than thirty percent (30%) prior to grading and where such slopes are at least thirty (30) feet in height, the vegetation on such slopes shall be treated in such a manner that it becomes a fuel modified area. Such fuel modified area shall be maintained for either the entire slope, or one hundred (100) feet, or to the property line, whichever distance is less.
(b) Where grading is utilized which does not conform to the natural slope and the graded area is adjacent to natural ungraded slopes which are greater than thirty percent (30%) and which are greater than thirty (30) feet in height, structures shall be set back at least thirty (30) feet from the edge(s) of the graded area adjacent to such natural ungraded slopes.
(10) All areas used for the storage of firewood, or other flammable materials shall either be at least thirty (30) feet away from all structures, or wholly enclosed within a structure.
(11) Fire hydrants shall be identified by a method specified by the Fire 25 -261-
Authority.
(12) There shall be vehicular access, at least twelve (12) feet in width, to within at least ten (10) feet of any static water source including ponds, lakes, swimming pools, reservoirs and water storage tanks. Access shall be either to a plumbed outlet with two and one-half (2-1 /2) inch National Hose Thread Fitting or directly to the source. This requirement shall be waived if the fire authority determines that the water source is sufficiently below the elevation of existing or proposed roads or driveways to make drafting of water from the source through a plumbed outlet infeasible, and that direct vehicular access to the water source would require an impractical extension of a road or driveway.
b. Building Separations
(1) Building Separation Standards
(a) All buildings on parcels created after the effective date of this section and all other parcels with lot widths sixty (60) feet of greater shall have exterior wall separations of at least thirty (30) feet.
(b) All buildings on parcels created prior to the effective date of this section with lot widths less than sixty (60) feet shall have interior side yards which shall not be less than five (5) feet and need not exceed fifteen (15) feet. In no case shall exterior wall separations be less than ten (10) feet for all buildings, including those on adjoining parcels.
(c) When exterior walls of residential and accessory buildings or portions thereof are within fifteen (15) feet of interior side or rear lot lines, or the exterior wall separation is less than thirty (30) feet, the following shall apply:
(i) The outside of all such exterior walls or portions
thereof shall be covered with materials which are approved for exterior locations and are of fire resistive construction as defined in the California Building Code.
(ii) All exterior doors made of wood or wood portions
shall be solid core wood, and
(iii) Windows, skylights, sliding glass doors or glass
inserts in doors shall be constructed of approved tempered dual -pane glass.
(2) Intent of Standards
The intent of the exterior wall separation standards is to reduce the exposure and risk from adjacent structural fires and to reduce the potential spread of fire from structure to structure.
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(3) Alternate Measures (Exterior Wall Separation)
Pursuant to Subsection 5, of this section and dependent upon site specific conditions, the following measures or combinations thereof may be substituted for the exterior walls separation requirements specified for all buildings in Subsection b.(1)(a) above; provided, that in no case shall such exterior wall separations be less than ten (10) feet:
(a) The expansion of fuel modified areas around the
development perimeter of the development project beyond that required through the provisions of this section or other parts of this Title.
(b) A substantial transfer of density from steeper slopes, including areas with slopes less than thirty percent (30%) if they exist on site, to less steep areas within the development project. (c) Clustering of structures away from the development
perimeter and away from fire hazardous areas. When this alternative is utilized, multi -residential dwelling units shall be located as far as practical from fuel modified areas and fire hazardous areas.
(d) The provision of more fire resistive construction standards than normally required through the provisions of the Fire Safety (FR) District and otherwise required through the California Building Code or California Fire Code.
(e) Other alternate measures if approved by the Community Development Department pursuant to the provisions of Subsection 5 of this Section.
C. Project Design Requirements
(1) All development projects and each phase thereof, except for a development project located exclusively on a cul-de-sac, shall have a minimum of two (2) points of vehicular ingress and egress, designed to City roadway standards, with a minimum width of twenty-four 24 feet of all-weather surface as defined in the California Fire Code, from existing and surrounding streets. One such point of vehicular access may be an emergency access route with an all-weather surface if the Community Development Department makes and justifies all of the following findings:
(a) Two points of non -emergency access are physically
infeasible.
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(b) Provisions have been made to reasonably ensure that the emergency access will be maintained.
(c) Based on the review and consideration of the Fire
Authority's recommendation, the emergency access route will provide adequate vehicular ingress and egress during emergencies. (2) All development projects shall provide eight (8) inch or larger circulating (loop) water mains as required by the California Fire Code, proper hydrant location and spacing, and have sufficient water storage capacity to provide the minimum fire flow duration requirements (gallons per minute (GPM) for a minimum number of hours or portions thereof) as specified by the minimum system standards established by the Fire Authority. Circulating (loop) mains are not required for cul-de-sacs and are not required for subdivisions that exclusively take all access from cul- de-sacs. In areas not served by water purveyors, on -site fire flow and water storage requirements will be as specified by the California Fire Code. (3) All public or private streets within or bordering a development project shall have noncombustible and reflective street name signs designed to City standards and visible at all street intersections. (4) Fuel Modification Areas
(a) A permanent fuel modification area may be required around development projects of portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection.
The recommended width of the fuel modification area shall be determined by the responsible Fire Authority in conjunction with the Fire Department, but in no case shall it be less than the lot line one hundred (100) feet in width as measured from the development structure(s) perimeter. The width of the fuel modification area shall be determined based upon:
(1)The natural ungraded slope of the land within the project and in the areas adjacent to the project;
(2)Fuel loading;
(3) Access to the project and access directly to the fuel modified area;
(4) The on -site availability of water that can be used for firefighting purposes;
(5) Adequate provisions shall be made for the continual maintenance of such areas, and, where feasible, such areas shall be designated as common open space rather than
private open space;
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(6) Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate
permanent scarring and accelerated erosion.
(b) When development projects are phased, individual phases may be required to provide temporary fuel modification areas, where the development perimeter of a phase is contiguous to a subsequent phase of a project, which in its undeveloped state is a hazardous fire area. The need for a temporary fuel modification area shall be determined by the responsible fire authority in conjunction with the Fire Department and shall be based upon the same consideration described in Subsection c.(4)(a) of this Section for permanent fuel modification areas.
(c) Erosion and Sediment Control
All development projects, building permits, grading and any other significant land disturbing activity shall install erosion control measures in compliance with the provisions established by Title 16, Land Use and Development of the Highland Municipal Code for such erosion control measures.
4. Additional Area 1 (FR1) Requirements
The following requirements apply only to Area 1, in addition to those specified for both Areas 1 and 2.
a. Construction Requirements
(1) The outside of all exterior walls shall be covered with materials which are approved for exterior locations and listed as one (1) hour fire resistive construction as defined in the California Building Code. All exterior doors made of wood or wood portions shall be solid core wood. (2) All windows, skylights, sliding glass doors or glass inserts in doors shall be constructed of approved tempered dual -pane glass. (3) Cantilevered or standard type decks shall be constructed with:
(a) A minimum of at least one and one-half (1-1/2) inch wood decking; and/or
(b) Protected on the underside with materials approved for one (1) hour fire -resistive construction; and/or
(c) Be of noncombustible materials, as defined in the California Building Code.
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(4) Patio covers attached or within ten (10) feet of a residential structure with plastic, bamboo, straw or fiberglass or wood lathe lattice made of materials which are one-half (1/2) inch or less in width shall be prohibited. (5)Exposed piping, except for plumbing vents above the roof, shall be noncombustible as defined in the California Building Code. (6) A fire hydrant capable of providing the minimum fire flow as required in California Fire Code Appendix B, with at least (1/2) one half inch hose connection shall be available within 600 feet of any portion of the structure.
(7)All fences required adjacent to fuel modification areas or wildland areas as conditions of approval for a development project shall be constructed of noncombustible materials as defined in the California Building Code. All other fences, including those on the interior of such development project, are not subject to this requirement.
(8) Private driveways or access roadways for residential units shall not exceed one hundred fifty (150) feet in length, unless approved by the fire authority pursuant to Section 503; and Appendix D of the California Fire Code.
(9) Roof coverings shall be either non-combustible or shall be fire retardant material not composed of organic fiber with minimum Class A rating, as defined in the California Building Code.
(10) Unenclosed or project roof -ceiling or roof -ceiling assemblies which contain concealed space shall have the ceiling protected on the exposed surface with materials approved for one hour construction. b. Project Design Requirements
(1) Every development project application submitted to the Community Development Department shall be reviewed by Community Development Department staff through a pre application conference with the project proponent prior to the acceptance of the application for filing. (2) A slope analysis shall be filed with all development project land use applications. The slope analysis shall include the following information:
(a) A topographic map of the proposed project area and all adjoining properties within one hundred fifty (150) feet at a scale of not less than one (1) inch to two hundred (200) feet. The counter interval shall not be more than two (2) feet except that the contour interval may be five (5) feet if the general natural ungraded slope is more than ten percent (10%). Contour lines are to be obtained by aerial or field survey, done under the supervision of a licensed Land Surveyor, or Registered Engineer.
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(b) The natural, ungraded slope categories to be computed are zero percent (0%) to less than fifteen percent (15%), fifteen percent (15%) to less than thirty percent (30%), thirty percent (30%) to less than forty percent (40%), and forty percent (40%) or greater. (c)The area, in acres, shall be tabulated for each category. (3) A preliminary grading plan shall be filled with all development project land use applications, except that preliminary grading plan requirements may be waived by the Community Development Director if it is determined through the required pre -application conference that such requirements are unnecessary due to site specific soils, topographic or other physical conditions, or due to the specific design of the project. The preliminary grading plan shall include the following:
(a) A topographic map of the proposed project area and all adjoining properties within one hundred fifty (150) feet at a scale of not less than one (1) inch to two hundred (200) feet. The contour interval shall not be more than two (2) feet except that the contour interval may be five (5) feet if the natural ungraded slope is more than ten percent (10%). Contour lines to be obtained by aerial or field survey, done under the supervision of a licensed Land Surveyor, or Registered Engineer.
(b) Contours of the finished graded slope shall be shown at intervals similar to that on the topographic base map.
(d) Street grades, slope ratios, flow lines, pad elevations, maximum elevation of top and minimum elevation of toe of finished slopes over five (5) feet in vertical height, the maximum heights of those slopes approximate total cubic yards of cut and fill shall be shown on the preliminary grading plan.
(e) Compliance with Appendix J of the current edition of the California Building Code, as adopted by the City of Yucaipa, is required.
(f) In the event no such grading is proposed, a statement to that effect shall be placed on the required topographic map described in Subsection 2(a) above and this map shall delineate the boundary of an adequately sized building pad, driveway and septic system (if proposed) for each parcel proposed.
(4) Perimeter Access to Fuel Modified and Fire Hazard Areas. (a) Standards
Development projects shall provide for adequate vehicular access 31 -267-
for fire fighting vehicles to the development perimeter of the project along the portion of the development perimeter that is adjacent to either an existing or proposed fuel modified area or a fire hazard area. Provisions shall be made and shall be required, where necessary, through conditions of, development project approval for the continual maintenance of the areas intended to provide such access. Perimeter access shall be provided, either through one of the following two measures or through the alternate measures cited in this Section:
(i) The provision of an existing or proposed road along the development perimeter, or portion thereof that is exposed to a fire hazard or fuel modified area, and which is
accessible to firefighting equipment. Such a road shall be capable of supporting firefighting equipment, shall be at least twenty (20) feet in width and shall not exceed a grade of sixteen percent (16%). The conditions of approval for the development project shall require provisions to ensure that the roadway will be maintained if it is not within the
publicly maintained road system.
(ii) Development projects shall provide access ways, at least fourteen 14 feet in width, with a grade not to exceed sixteen percent (16%) and capable of supporting fire
fighting vehicles, between the development perimeter and proposed or existing streets. Access ways shall be spaced at intervals of no more than an average of three hundred fifty (350) feet along each street. The conditions of approval for the development project shall require specific provisions to ensure that access ways will remain unobstructed and will be maintained. Where feasible, access ways may not be
paved and shall be designed so as not to detract from the visual quality of the project.
(b) Intent of Standards
The intent of the standards described in Subsection 4.b.(6) is to permit fire fighting vehicles to have adequate access into areas between fire hazardous areas or fuel modified areas and the development perimeter, so that a wildland fire can be contained at the development perimeter and prevented from spreading to structures. An additional intent of these standards is to prevent structural development from becoming a barrier between
firefighting equipment and personnel and the development perimeter.
(c) Alternate Measures
Pursuant to Subsection 5 of this Section and dependent upon site 32 specific conditions, alternate measures which meet the intent of the standard in Subsection 4.b.(6)(a) above for providing perimeter access to fuel modified and fire hazard areas may be utilized. (5) Length of Cul-de-sacs
(a) Standard Cul-de-sacs shall not exceed three hundred fifty (350) feet in length, except that they may be extended as allowed by this subsection.
(b) Exception for parcels of less than five (5) acres in area. Cul-de- sacs may exceed three hundred fifty (350) feet in length but shall not exceed six hundred (600) feet in length if-
(i) Alternate measures are utilized pursuant to the
provisions of Section 19.50 of this Article or;
(ii) Based upon consideration of the recommendation of
the Fire Authority, the Community Development
Department determines that the cul-de sac is situated and designed such that the parcels taking access from it are not contiguous to or exposed to either undeveloped fuel
modified areas along the development perimeter of the
project or to fire hazard areas, and that the extension of the cul-de sac will not increase the exposure of buildings to wildland fires.
(c) Exception for parcels greater than five (5) acres in area. Cul-de- sacs may exceed six hundred (600) feet in length if all parcels that take access from the cul-de-sac are five (5) acres or greater in area and:
(i) The proposed cul-de-sac is not within or adjacent to areas that are zoned for or subdivided to parcels of five (5) acres or less.
(ii) Alternate measures are utilized pursuant to the
provisions of Subsection 5 of this Section.
(d) Intent of Standard
The intent of limiting cul-de-sac lengths is to limit the exposure of development and human activity to hazardous fire areas where one rather than two points of access are provided, especially when such cul-de-sacs are directly exposed to fire hazard areas. The provision of only one point of access increases exposure to fire and inhibits the fighting of wild land fires due to the following factors:
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(i) If the single access point becomes blocked,
structures exposed to fire cannot be protected by fire
fighting vehicles.
(ii) Fire fighting vehicles can be trapped on a cul-de-sac if the single access is blocked.
(iii) In order for fire fighting vehicles to turn around, they usually must travel to the end of the cul-de-sac where adequate room for turning is available.
(iv) All vehicles evacuating a cul-de-sac during a fire will be traveling in the opposite direction to fire fighting vehicles moving into a cul-de-sac, impeding the ingress of the fire fighting vehicles as well as the egress of the evacuees.
(v) Development of individual cul-de-sacs which
intrude into and are generally surrounded by rugged wild land terrain have greater exposure to wild land fire because the fire may come from several directions at once.
(e) Alternate Measures
Pursuant to Subsection 5 of this Section and dependent upon site specific conditions, one of the following measures or combinations thereof may be used to mitigate the effect of creating cul-de-sacs up to six hundred (600) feet in length with parcels less than five (5) acres in area:
(i) Limitation of the total number of dwelling units
which have access to the cul-de-sac to no more than fifteen (15), and restriction of further subdivision of parcels and construction of additional independent residential units which have access to the cul-de-sac. Such restrictions shall be imposed through the conditions of approval of the
development project.
(ii) A continuous perimeter access road at least twenty (20) feet in width is provided along the portion of the cul- de-sac exposed to fire hazard or fuel modified areas such that it is drivable under normal conditions by fire fighting vehicles, provides adequate maneuvering space for such
vehicles, and is designed such that at least one point of access to the perimeter access road is taken from roads other than the cul-de-sac in question.
(iii) The cul-de-sac road will have a paved width of at least forty (40) feet with posted no parking for its entire 34 -270-
length and there is at least one area approximately at the midpoint of the cul-de-sac that serves the same function of a cul-de-sac bulb in allowing fire fighting vehicles adequate room to turn around. This measure may only be utilized if the expansion of the road width will not contribute to slope stability hazards either on or off -site.
(iv) Other alternate measures approved by the
Community Development Department pursuant to
Subsection 5 of this Section.
(6) Alternate Hazard Protection Measures
(a) Applicability
The following provisions shall apply only to the standards and requirements of Subsections 3.b., regarding building separations;
4.b.(6), regarding perimeter access; and 4.b.(7) regarding length of cul-de-sacs.
(b) Intent
The intent of this subsection is to allow greater design flexibility than would otherwise be permitted in order to provide a more efficient and effective achievement of the purposes of the Fire Safety Regulations: Design flexibility is provided by allowing the substitution of alternate measures for the established standards or requirements if it is found that they provide the same or a greater level of protection from wildland fires and other natural hazards, and that they will fulfill the same purpose as the established standard or requirements.
(c) Substitution of Alternative Measures for Standards and Requirements
(1) If alternative measures are proposed, the Fire
Department shall determine, with specific consideration of the effect of the proposed alternative measures, whether the proposed development project has adequate provisions for fuel modification and management, including the ongoing maintenance of fuel modified areas.
(2) If the Fire Department makes a positive determination pursuant to Subsection 5.c.(1) of this Section, then alternate measures may be substituted for the established standards and requirements if the Community Development
Department with consideration of the recommendation of
the Fire Authority, finds and justifies all of the following:
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(a) Alternative measure(s) have been
substituted which meet the intent of and which
serve the same purposed as the established
standards or requirement.
(b) The alternative measure(s) that have been
substituted provide the same or a greater level
of protection or are as effective as the
established standard or requirement.
(c) There are clear and substantial reasons for
utilizing the alternative measure(s) because they
provide for a more efficient and economic use
of the site, or provide for a superior physical
design, and are consistent with the intent of the
Fire Safety (FR) District.
Section 4907.3.1 is hereby added to the California Fire Code to read as follows:
4907.3.1 Clearance of Brush or Vegetative Growth From Structures 4907.3.1.1 General. Persons owning, leasing, controlling, operating, or maintaining buildings or structures in, upon, or adjoining hazardous fire areas, and persons owning, leasing, or controlling land adjacent to such buildings or structures, shall at all times:
1. Maintain an effective firebreak: by removing and clearing away flammable vegetation and combustible growth from areas within 30 feet (9,144 mm) of such buildings or structures.
EXCEPTION: Single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure.
2. Maintain additional fire protection or firebreak: by removing brush, flammable vegetation and combustible growth located from 30 to 100 feet (9,144 mm to 30,480 mm) from such buildings or structures when required by the fire code official because of extra hazardous conditions causing a firebreak: of only 30 feet (9,144 mm) to be insufficient to provide reasonable fire safety.
EXCEPTION: Grass and other vegetation located more than 30 feet (9,144 mm) from buildings or structures and less than 18 inches (457 mm) in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion.
3. Remove portions of trees which extend within 10 feet (3,048 mm) of the outlet of a chimney.
4. Maintain trees adjacent to or overhanging a building free of deadwood.
5. Maintain the roof of a structure free of leaves, needles, or other dead vegetative 36 -272-
growth.
4907.3.1.2 Corrective Actions. The fire code official will give notice to the owner of the property upon which conditions regulated by Section 317.1 exist to correct such conditions. If the owner fails to correct such conditions, the fire code official is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists.
Section 4907.3.2 is hereby added to the California Fire Code to read as follows:
4907.3.2 Clearance of Brush or Vegetative Growth From Transmission Lines 4907.3.2 Support Clearance. Persons owning, controlling, operating or maintaining electrical transmission or distribution lines upon hazardous fire areas, including but not limited to, any mountainous land, forest -covered land, brush -covered land, or grass - covered land shall have an approved program in place that identifies poles or towers with equipment and hardware types that have a history of becoming an ignition source, and provides a combustion free space consisting of a clearing of not less than 10 feet in each direction from the outer circumference of such pole, tower or line.
EXCEPTION: Lines used exclusively as telephone, telegraph, messenger call, alarm transmission or other lines classed as communication circuits by the Public Utilities Commission. The Chief may permit other exceptions from the requirements of this section that are based upon the specific circumstances involved. 4907.3.2.1 Electrical Distribution and Transmission Line Clearance. Except as otherwise provided in Sections 318.3 below, any Persons owning, controlling, operating, or maintaining electrical transmission or distribution lines upon hazardous fire areas, including but not limited to any mountainous land, forest -covered land, brush -covered land, or grass -covered land shall maintain the clearance specified in all directions between vegetation and conductors carrying electrical current: The Chief may permit exceptions from the requirements of this section which are based upon the specific circumstances involved.
4907.3.2.2. Exceptions to Minimum Clearance Provisions. Low voltage lines. Section 318.2 above does not apply if the transmission or distribution line voltage is 750 volts or less. Poles and towers. The minimum clearance provisions of subsection 318.1 above are not required around poles and towers, including line junction, comer and dead end poles and towers:
A. Where all conductors are continuous over and through a pole or tower; or B. Where all conductors are not continuous over or through a pole or tower, provided all conductors and subordinate equipment are of the types listed below and are properly installed and used for the purpose for which they were designed and manufactured.
(1) Compression connectors.
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(2) Automatic connectors.
(3) Parallel groove connectors.
(4) Hot line tap or clamp connector that are designed to absorb any expansion or contraction by applying spring tension on the main line or running conductor and top connector.
(5) Fargo GA 300 series piercing connectors designed and manufactured for use with tree wire.
(6) Flat plate connectors installed with not less than two bolts. (7) Tapered C-shaped member and wedge connectors.
(8) Solid blade single phase bypass switches and solid blade single phase disconnect switches associated with circuit reclosures, sectionalizers and line regulators.
(9) Equipment that is completely sealed and liquid filled. (10) Current limiting, non -expulsion fuses.
4907.3.2.3 Abatement. In the event that the abatement is not performed as required in Sections 4907.3.2.1 or 4907.3.2.2 of this section, the Chief may give notice to the owner of the property upon which such condition exists to correct such prohibited condition. If the owner fails to correct such condition, the Chief may cause the same to be done and make the expense of such correction a lien upon the property upon which such condition exists.
Section 4907.4 is hereby added to the California Fire Code to read as follows:
4907.4 Clearance of Brush or Vegetation Growth from Roadways 4907.4.1 General. The fire code official is authorized to cause areas within 10 feet (3,048 mm) 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. The fire code official is authorized to enter upon private property to do so.
EXCEPTION: Single specimens of trees, ornamental shrubbery or cultivated ground covers, provided that they do not form a means of readily transmitting fire.
Section 4907.5 is hereby added to the California Fire Code to read as follows:
4907.5 Unusual Circumstances
4907.5.1 General. The fire code official may suspend enforcement and require reasonable alternative measures designed to advance the purposes of this chapter if they determine in 38 -274-
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 or 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 trees or heritage trees.
5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions of this chapter undesirable or impractical.
Section 4907.6 is hereby added to the California Fire Code to read as follows:
4907.6. Fuel Modification Requirements For New Construction Section 4907.6.1 General. All new buildings to be built or installed in areas containing combustible vegetation shall comply with the following requirements:
1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official concurrent with the submittal for 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.
3. The fuel modification plans shall meet the criteria set forth by the fire department.
4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification plan shall be approved by the fire code official.
5. 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.
Section 5601.2 of the California Fire Code is hereby amended to read as follows:
5601.2 Permits Required. Permits shall be obtained from the San Bernardino County Sheriff s Department for the following:
• To manufacture, possess, store, sell, display or otherwise dispose of explosives blasting agents or phosphoric compounds.
• To manufacture, possess, store, sell, display or otherwise dispose of explosives blasting agents or phosphoric compounds.
• To transport explosives or blasting agents. To use explosives or blasting agents. • To operate a terminal for handling explosives or blasting agents. • To transport blasting caps or electric blasting caps in the same vehicle with explosives.
Section 5601.2.1 is hereby added to the California Fire Code to read as follows:
5601.2.1 Permit Holder. The handling and firing of explosives or blasting agents shall be 39 -275-
performed only by persons possessing a valid explosives permit issued by the San Bernardino County Sheriff's Department.
Section 5601.2.4.3 is hereby added to the California Fire Code to read as follows:
5601.2.4.3 Display. The maximum quantities, storage conditions, and fire protection requirements for gunpowder and ammunition displayed in a building shall be as follows:
Smokeless powder - 20 pounds in original containers. Containers shall not exceed one pound.
Section 5601.2.4.4 is hereby added to the California Fire Code to read as follows:
5601.2.4.4 Displays. Permits are required to conduct a fireworks display. See Section 105.6.14. Permit application shall be made not less than 14 days prior to the scheduled date of the display. The permit application shall include 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 location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead obstructions. At the time of permit application, the Chief shall be consulted regarding requirements for standby fire apparatus and personnel.
All fireworks displays shall be electrically fired. Discharging of fireworks without proper permits is prohibited.
Section 5601.2.4.5 is hereby added to the California Fire Code to read as follows:
5601.2.4.5 Additional Requirements. In addition to the requirements set forth in this Article, the police department, the fire department or the San Bernardino County Sheriff's Department may, for the safety and security of the public, set additional requirements for a permit application.
Section 5601.7 the California Fire Code is hereby amended to read as follows:
5601.7 Seizure of Fireworks. The storage, use, sale, possession, and handling of fireworks
1.3G is prohibited. The sales, use and/or display of fireworks 1.4G (commonly referred to as Safe & Sane) is prohibited. The Chief, the police department and the San Bernardino County Sheriff s Department are authorized to seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks, offered or exposed for sale, stored, handled or held in violation of Title 19 CCR, Chapter 6 EXCEPTION: Fireworks IAG and fireworks 1.3G may be part of an electrically fired public display when permitted and conducted by a licensed pyrotechnic operator.
Section 5604.1.1 is hereby added to the California Fire Code to read as follows:
5604.1.1 Temporary Storage. For the purpose of this part, temporary storage shall mean no longer than 4 hours or the end of the workday, whichever time is less.
Section 5604.1.2 is hereby added to the California Fire Code to read as follows:
M
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5604.1.2 Storage. The police department and the Chief may authorize the storage of smokeless powder not to exceed 100 pounds, sporting black powder not to exceed 25 pounds, and up to 75,000 small arms primers in approved portable magazines in approved establishments. Sporting black powder, when authorized, shall be stored in an approved portable magazine. Small arms primers or percussion caps shall be stored in a manner prescribed by the police department, the San Bernardino County Sheriff s Department and the Chief.
Section 5604.3.4 is hereby added to the California Fire Code to read as follows:
5604.3.4 Magazines Required. Explosive materials shall be stored in magazines in accordance with Section 5604.3. Magazines shall at all times be in the custody of a person holding a valid Explosives Permit who shall be at least 21 years of age and who shall be held responsible for compliance with all safety precautions.
Section 5604.3.4.1 is hereby added to the California Fire Code to read as follows:
5604.3.4.1 Magazine Size. Indoor magazines shall not be of a size greater than the exit door or contain more than 50 pounds of explosive materials.
Section 5604.3.5 is hereby added to the California Fire Code to read as follows:
5604.3.5 Powder. The amount of powder stored in an indoor magazine shall not exceed 50 pounds.
Section 5604.3.6 is hereby added to the California Fire Code to read as follows:
5604.3.6 Classification and Use of Magazines. Magazines shall be classed as Type 1,2, 3, 4 or 5 and used in accordance with Title 27, Code of Federal Regulations, Part 55, Subpart K, and Title 19, California Code of Regulations, Subchapter 6, Section 989, as amended.
Section 5604.3.7 is hereby added to the California Fire Code to read as follows:
5604.3.7 Use and Handling. The police department, San Bernardino County Sheriffs Department, and the fire department shall be notified prior to detonation of any explosives.
Section 5604.3.8 is hereby added to the California Fire Code added to read as follows:
5604.3.8 Personnel Qualifications. The handling and firing of explosives shall be performed only by person(s) possessing a valid explosives permit issued by the San Bernardino County Sheriffs Department.
Section 5604.3.9 is hereby added to the California Fire Code to read as follows:
5604.3.9 Utility Notification. When blasting is being conducted in the vicinity of gas, electric, water, sewer, fire alarm, telephone, telegraph, cable television or stream utilities, the blasting person shall notify the appropriate representative of such utilities at least 24 41 -277-
hours in advance of blasting specifying the location and intended time of such blasting.
EXCEPTION: In an emergency, advance notification may be waived by the Chief, the police department and the San Bernardino County Sheriffs Department. The fire department shall be notified prior to detonation of any explosives.
Section 5604.10.2.1 is hereby added to the California Fire Code to read as follows:
5604.10.2.1 Deteriorated Material Handling. When an explosive has deteriorated to an extent that it is in an unstable or dangerous condition, or when a liquid has leaked from an explosive material, the person in possession of such explosive material shall immediately contact the police department, the San Bernardino County Sheriff's Department and the Chief. The work of destroying explosive materials shall be directed by persons experienced in the destruction of explosive materials. Explosive materials recovered from blasting misfires shall be handled in a standard method for disposal. Only persons holding a valid explosives permit shall do the work of destroying explosives.
Section 5605.1 the California Fire Code is hereby amended to read as follows:
5605.1 Manufacturing. The manufacturing of fireworks is prohibited.
Section 5605.1.1 is hereby added to the California Fire Code to read as follows:
5605.1.1 Pyrotechnic Special Effects Material. A permit is required to manufacture, compound, store or use pyrotechnic special effects material. A permit for use shall be granted only to a licensed pyrotechnic operator. See Section 105.6.36.
Section 5704.3.1.2 is hereby added to the California Fire Code to read as follows:
5704.3.1.2 Lubricating Oil. Lubricating oil that has been drained from motor vehicles shall be stored and handled as required for Class III-B liquids. Crankcase drainings and waste oil products may be stored in an above -ground tank as approved by the Chief.
Drainings and used oils may also be stored outside a building in not more than 3 tight drums having an aggregate capacity not exceeding 180 gallons.
Section 11. Section 15.04.085 of Chapter 15.04 of Title 15 of the Yucaipa Municipal Code is hereby amended to read as follows:
"15.04.085 California Historical Building Code adopted.
A. Except as hereinafter provided, the California Historical Building Code, 2022 Edition (Part 8, Title 24, California Code of Regulations), published by the California Building Standards Commission, is hereby made a part hereof as though set forth at length and the same shall be established and adopted as the rules, regulations, provisions and conditions for the construction, enlargement, alteration, repair, removal, conversion, demolition, occupancy, equipment, use and maintenance of historical buildings or structures in the City; and the California Historical Building Code, 2022 Edition, is hereby adopted by reference as the Historical Building Code of the City of Yucaipa. 9%
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B. A copy of the Historical Building Code of the City of Yucaipa shall be maintained in the office of the Building Division of the Community Development Department in the City of Yucaipa, and it shall be made available for public inspection while this Code is in force."
Section 12. Section 15.04.095 of Chapter 15.04 of Title 15 of the Yucaipa Municipal Code is hereby amended to read as follows:
"15.04.095 California Existing Building Code adopted.
A. Except as hereinafter provided, the California Existing Building Code, 2022 Edition (Part 10, Title 24, California Code of Regulations), published by the California Building Standards Commission, is hereby made a part hereof as though set forth at length and the same shall be established and adopted as the rules, regulations, provisions and conditions for the construction, enlargement, alteration, repair, removal, conversion, demolition, occupancy, equipment, use and maintenance of existing buildings or structures in the City; and the California Existing Building Code, 2022 Edition, is hereby adopted by reference as the Existing Building Code of the City of Yucaipa.
B. A copy of the Existing Building Code of the City of Yucaipa shall be maintained in the office of the Building Division of the Community Development Department in the City of Yucaipa, and it shall be made available for public inspection while this Code is in force."
Section 13. Section 15.04.116 of Chapter 15.04 of Title 15 of the Yucaipa Municipal Code is hereby amended to read as follows:
"15.04.116 California Green Building Standards Code adopted.
A. Except as hereinafter provided, the California Green Building Standards Code, 2022 Edition (Part 11, Title 24, California Code of Regulations), published by the California Building Standards Commission, is hereby made a part hereof as though set forth at length and the same shall be established and adopted as the rules, regulations, provisions and conditions for the design and construction of buildings through the use of building concepts having a reduced negative impact, or positive environmental impact, and encouraging sustainable construction of buildings or structures in the City; and the California Green Building Standards, 2022 Edition, is hereby adopted by reference as the Green Building Standards Code of the City of Yucaipa.
B. A copy of the Green Building Standards Code of the City of Yucaipa shall be maintained in the office of the Building Division of the Community Development Department in the City of Yucaipa, and it shall be made available for public inspection while this Code is in force."
Section 14. Section 15.04.118 of Chapter 15.04 of Title 15 of the Yucaipa Municipal Code is hereby amended in its entirety to read as follows:
"15.04.118 California Referenced Standards Code adopted.
A. Except as hereinafter provided, the California Referenced Standards Code, 2022 43 -279-
Edition (Part 12, Title 24 of the California Code of Regulations), including all appendices, which incorporates and amends the California Building Standards Code, published by the International Code Council, is hereby made a part hereof as though set forth in full and the same shall be established and adopted as the referenced standards applicable to Codes comprising the California Building Standards Code adopted by the City, related to the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use and maintenance of buildings or structures in the City; and the California Referenced Standards Code, 2022 Edition, is hereby adopted by reference as the Referenced Standards Code of the City of Yucaipa.
B. A copy of the Referenced Standards Code of the City of Yucaipa shall be maintained in the office of the Building Division of the Community Development Department in the City of Yucaipa, and it shall be made available for public inspection while this Code is in force."
Section 14. REPEAL OF ORDINANCE NO. 381
Ordinance No. 381 and any and all other provisions of ordinances in conflict herewith, are hereby repealed in their entirety to implement the current Building Codes.
Section 15. SEVERABILITY
If any portion of this Ordinance is found to be unconstitutional or invalid, the City council hereby declares that it would have enacted the remainder of this Ordinance regardless of the absence of any such invalid part or portion. The City Council of the City of Yucaipa hereby declares that it would have passed this ordinance, and each section, subsection, clause or phase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 16. PENALTY
Except where specified to be an infraction, violation of any provision of this Ordinance or any Code adopted herein by reference shall constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance.
Section 17. PUBLICATION
To the extent permitted by State law, the City Clerk is hereby directed to cause the following summary of this ordinance to be published by two (2) insertions in the Yucaipa News Mirror, a newspaper of general circulation that is printed, published, and circulated in the City of Yucaipa, and hereby designated for that purpose by said Council of the City of Yucaipa:
"Ordinance No. 417 adopts by reference, and amends Part 1 of Title 24 of the California Code of Regulations, comprising the 2022 California Administrative Code; Part 2 of Title 24 of the California Code of Regulations, comprising the 2022 California Building Code Volumes 1 and 2, with appendices F, G, H, I, J, N and Chapter 1, Division 2; Part 2.5 of Title 24 of the California Code of Regulations, comprising the 2022 California Residential M
Code, with appendices; Part 3 of Title 24 of the California Code of Regulations, comprising the 2022 California Electrical Code; Part 4 of Title 24 of the California Code of Regulations, comprising the 2022 Mechanical Code; Part 5 of Title 24 of the California Code of Regulations, comprising the 2022 California Plumbing Code, with Appendix H; Part 6 of Title 24 of the California Code of Regulations, comprising the 2022 Energy Code; Part 8 of Title 24 of the California Code of Regulations, comprising the 2022 Historic Building Code; Part 9 of Title 24 of the California Code of Regulations, comprising the 2022 California Fire Code, with Appendices B, BB, C, CC, D, E, F, G, H, I, N and O; Part 10 of Title 24 of the California Code of Regulations, comprising the 2022 California Existing Building Code; Part 11 of Title 24 of the California Code of Regulations, comprising the 2019 California Green Building Standards Code; Part 12 of the California Code of Regulations, comprising the 2019 California Referenced Standards Code; the 2021 Edition of the International Property Maintenance Code and Appendix H, the uniform code for the abatement of dangerous buildings,1997 Edition; the 2018 Edition of the Uniform Code for Solar Energy Installations; repealing Ordinance No. 353 and all ordinances and provisions in conflict herewith, amending Title 15 of the Yucaipa Municipal Code."
Section 18. EFFECTIVE DATE
This Ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby, shall take effect and be in full force and effect thirty (30) days from and after the date of its final passage and adoption, but no sooner than January 1, 2023.
PASSED, APPROVED and ADOPTED at the regular meeting of the City Council held on this day of 52022.
Jennifer Crawford
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF YUCAIPA )
David Avila
Mayor
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I {NAME}. City Clerk and ex-officio Clerk of the City of Yucaipa, California, does hereby certify that the whole number of the members of the City Council of the City of Yucaipa is 5: that the above and forgoing Ordinance No. 417 was duly and regularly introduced , passed and adopted at a regular meeting of the City Council held on the day of , 2022 by the following vote:
COUNCIL MEMBER
COUNCIL MEMBER
COUNCIL MEMBER
{NAME} City Clerk
.n
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RESOLUTION NO.2022-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
YUCAIPA, CALIFORNIA, SETTING FORTH FINDINGS IN
SUPPORT OF AMENDMENTS TO THE 2022 CALIFORNIA
BUILDING CODE, RESIDENTIAL CODE, AND FIRE CODE, BASED
ON LOCAL CLIMATIC, TOPOGRAPHICAL AND/OR
GEOLOGICAL CONDITIONS
WHEREAS, Health and Safety Code Section 17958 provides that the City of Yucaipa may adopt ordinances and regulations imposing the same or modified or changed building standards as are contained in the codes adopted by the State pursuant to Health and Safety Code Sections 17922 and 18930; and
WHEREAS, the State of California is mandated to adopt the building standards and other rules contained in the model codes specified in Health and Safety Code Section 17922, and to publish said codes, as amended, collectively as the California Building Standards Code; and WHEREAS, Health and Safety Code Sections 17958.5(a) and 18941.5(b) permit the City to amend building standards in the codes comprising the California Building Standards Code ("Codes") based on findings that such amendments are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, the Community Development Department has recommended that changes and modifications be made to the Codes and have advised that certain said changes and modifications to building standards in the Codes are reasonably necessary due to local conditions in the City of Yucaipa 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 reasonably necessary to safeguard life and property within the City of Yucaipa.
NOW, THEREFORE, BE IT IS FOUND, DETERMINED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF YUCAIPA AS FOLLOWS:
Section 1. Amendments to building standards necessary for the protection of public health and safety, including life and fire safety made, set forth in the California Building Code, Residential Code, and Fire Code and contained in Ordinance No. 417, as recommended by the Community Development Department, are hereby found to be reasonably necessary due to the following local conditions:
A. Climatic Conditions
1. San Bernardino County and the City of Yucaipa are located in a region that is subject to relatively low amounts of precipitation, and relatively high temperatures. These climatic conditions are conducive to the spread drought conditions and to the spread of fire. For example, during July, August and September temperatures often reach the upper 90's and may reach and exceed 100 degrees Fahrenheit at times. These recordings have been documented by the National Climatic Data Center. Due to the higher temperatures many residents have swimming pools and require as a result -283-
greater degree of pool safety requirements.
2. The City at times experiences windy conditions upwards of 30 mph. These winds, which can cause small fires to spread quickly and are a contributing factor to the high fire danger in the area, and create the need for an increased level of fire protection.
This added protection will supplement normal fire department response available and provide immediate protection for life and safety of multiple occupants during fire occurrences.
B. Geological Conditions
Seismic Area.
1. The San Andreas Fault runs through the northeast and eastern portion of the city and is easily capable of producing a major earthquake exceeding 7.0 on the Richter scale.
Possible future seismic events create a need for additional structural safety measures and fire protection measures for building occupants in the City of Yucaipa.
C. Topographical Conditions
1. Much of the north, northeast and eastern portions of the City are in the wild -land urban interface (WUI) including the San Bernardino National Forest. This creates unique challenges with development in terms of emergency access, adequate water supply and an extended response time from the nearest fire stations(s). In addition, due to the sharp rise of the San Bernardino Mountain slopes from the valley floor and with several drainages, this area is subject to flooding even with any precipitation which occurs seasonally at the higher elevations.
Additional amendments have been made to Codes. On the recommendation of the Community Development Department, such amendments are hereby found to be either administrative or procedural in nature or concern themselves with subjects not covered in such Codes. The changes made include provisions making each of said Codes compatible with other Codes enforced by the City.
Section 2. Amendments to the 2022 Edition of the California Building, Residential, and Fire Codes are found reasonably necessary based on the climatic, topographical, and/or geological conditions cited in Section 1 of this resolution and are listed as follows:
Building Code Sections
CBC 1604.4.1
CBC 1604.4.2
CBC 3109.1
CBC 3109.3
CBC 3109.3.1
CBC 3109.3.1.1, 3109.3.1.2, 3109.3.1.3, 3109.3.1.4
3109.3.1.5, 3109.3.1.7, 3109.3.1.8, 3109.3.1.9
CBC 3109.3.2, 3109.3.3, 3109.3.4
Applicable Findings
B-1
B-1
A-1
A-1
A-1
IW
A-1
Appendix J, J103.2, C-1
J104.2.1, J104.2.2, C-1
J105. 1 C-1
Residential Code Sections
Applicable Findings
CRC R403.1.2
B-1
CRC R403.1.3
B-1
CRC R403.1.3.1
B-1
CRC R403.1.3.2
B-1
CRC R403.1.3.3
B-1
CRC R403.1.3.4
B-1
CRC R403.1.6.1
B-1
Fire Code Sections
Applicable Findings
CFC 104.1.1
A-1, A-2, C-1
CFC 109.1
A-1, A-2, C-1
CFC 202
A-1, A-2, C-1
CFC 305.5.1
A-1, A-2, C-1
CFC 307.1.2
A-1, A-2, C-1
CFC 307.4.4
A-1, A-2, C-1
CFC 315.8- 315.8.1
A-1, A-2, C-1
CFC 326.1, 326.2, 326.3
A-1, A-2, C-1
CFC 327.1
A-1, A-2, C-1
CFC 328.1, 328.2, 328.3
A-1, A-2,C-1
CFC 329.1
A-1, A-2, C-1
CFC 330.1, 330.2, 330.3
A-1, A-2,C-1
CFC 503.1.4, 503.1.5, 503.1.6
A-1, A-2, C-1
CFC 503.2.3
A-1, A-2, C-1
CFC 503.2.7
A-1, A-2, C-1
CFC 505.1, 505.1.1
A-1, A-2, C-1
CFC 603.6.6
A-1, A-2, C-1
CFC 603.8
A-1, A-2, C-1
CFC 905.4
A-1, A-2, C-1
CFC 2809.1.1
A-1, A-2, C-1
CFC 3703.4.1
A-1, A-2, C-1
CFC 4901.3
A-1, A-2, C-1
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CFC 4905.4(1-6)
A-1, A-2, C-1
CFC 4906.1, 4906.2.1, 4906.2.2
A-1, A-2, C-1
CFC 4906.3.2, 4906.3.2.1, 4906.3.2.2, 4906.3.2.3
A-1, A-2, C-1
CFC 4906.4
A-1, A-2, C-1
CFC 4906.5
A-1, A-2, C-1
CFC 4906.6
A-1, A-2, C-1
CFC 5601.2.1.1
A-1, A-2, C-1
CFC 5601.2.2.1, 5601.2.2.2, 5601.2.2.3
A-1, A-2, C-1
CFC 5601.2.3.1
A-1, A-2, C-1
CFC 5604.1.1, 5604.1.2
A-1, A-2, C-1
CFC 5604.2.1
A-1, A-2, C-1
CFC 5604.10.2.1
A-1, A-2, C-1
CFC 5604.3.4, 5604.3.5, 5604.3.6, 5604.3.7,
5604.3.8, 5604.3.9
A-1, A-2, C-1
CFC 5605.0
A-1, A-2, C-1
CFC 5605.1.1
A-1, A-2, C-1
CFC 5704.4.9
A-1, A-2, C-1
The aforementioned amendments have been incorporated in detail in Ordinance No. 417, respectively.
PASSED, APPROVED and ADOPTED this th day of , 2022.
David Avila, Mayor
ATTEST:
Jennifer Crawford, City Clerk
APPROVED AS TO FORM:
David M. Snow, City Attorney