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O1835 . . CA:f:\atty\muni\laws\mhs\ubc11 City council Meeting 12-12-95 Santa Monica, California ORDINANCE NUMBER 1835 (CCS) (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE UNIFORM TECHNICAL CODES AND ADOPTING THE SANTA MONICA AMENDMENTS TO THE UNIFORM TECHNICAL CODES WHEREAS, on June 9, 1992, the city Council adopted Ordinance Number 1631 (CCS) which adopted by reference the 1991 editions of the uniform technical codes; and WHEREAS, Health and Safety Code section 17958 provides that the uniform technical codes shall become applicable to the City 180 days after approval and publication of the codes by the state Building Standards commissionj and WHEREAS, the State Building Standards Commission has approved and published 1994 editions of the uniform technical codes in July, 1995; and WHEREAS, Health and Safety Code Section 17958.5 provides that the city may make changes or modifications to the uniform technical codes based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological or topographical conditions; and 1 e e WHEREAS, the city council has considered the 1994 editions of the Uniform Fire Code, Uniform Building Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, and Uniform Administrative Code, the reference standards and 1993 National Fire and Electrical Codes; and WHEREAS, based upon the findings contained in the Resolution adopted concurrently with this Ordinance, the City Council has found that certain modification and additions to the uniform codes are reasonably necessary based upon local climatic, topographical and geological conditions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.04 of the Santa Monica Municipal Code is amended to read as follows: 8.04.010 Codes qenerally. (a) No person shall erect, construct, enlarge, alter, repair, move, remove, convert, demolish, occupy, equip, use or maintain any building or structure, or fixture attached thereto, in violation of any condition, provision or regulation contained in any of the administrative or technical construction codes hereinafter referred to in this Chapter and adopted herein. 2 e e (b) Three copies of each set of administrative and technical construction codes, as amended, deleted, or modified therein, shall be on file in the office of the City Clerk for use and examination by the public. 8.04.020 Administrative Code. That certain document entitled "Uniform Adminis- trative Code, 1994 Edition" adopted by the International Conference of Building Officials is hereby adopted as amended, deleted or modified thereafter, and as amended in this Chapter, as the Administrative Code of the city of Santa Monica. 8.04.020.010 Local Amendaents to the uniform Administrative Code. Amendments to the Uniform Administrative Code set forth below shall also be considered amendments to the administrative provisions of the technical codes adopted by this Chapter. 8.04.020.020 Boards of Appeal. Section 204 of the Uniform Administrative Code, 1994 Edition, is amended to read as follows: Boards of Appeal. In order to provide for reasonable interpretations of the provisions of these Codes, and to determine the suitability of alternates, there shall be 3 e . created appropriate Boards of Appeal consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and the technical disciplines therein. The responsible enforcement official or his or her designee shall be an ex-officio member of each such board created and shall act as secretary. Members of the Boards of Appeal shall be appointed by the appropriate authority and shall hold office as specified or determined by said authority. Public members shall be appointed by the City Council to serve a term of four (4) years unless removed by cause and technical trade members shall be appointed by the City Council to serve a term of three (3) years unless removed by cause. No board member shall hold any paid office with the city. Said Board of Appeal shall adopt reasonable rules and regulations for conducting the investigations and business and shall render all decisions and findings in writing to the responsible official and appellants. Said Boards may also recommend to the appointing authority such new legislation as is consistent therewith. Pursuant to Section 1002 of the Santa Monica City Charter there are hereby created the following appeals and advisory boards. 1. Building and Safety Commission. The Building 4 e e and Safety Commission shall be composed of five qualified members as follows: one state registered architect, one state registered civil or structural engineer, one state licensed building contractor, and two public members. 2. Accessibili ty Appeals Board pursuant to California Health and Safety Code section 19957.5. The Accessibility Appeals Board shall contain a minimum of two physically disabled members who shall serve in addition to three members of the Building and Safety Commission. 3. Electrical Appeals Board. The Electrical Appeals Board shall contain a minimum of two electrical qualified members (either state licensed electrical contractor, engineer, or certified electrician journeyman) who shall serve in addition to three members of the Building and Safety Commission. 4. Plumbing/Mechanical Appeals Board. The Plumb- ing/Mechanical Appeals Board shall contain two plumbing or mechanical qualified members (state licensed plumbing or mechanical contractor or engineer, or certified plumb- ing/mechanical journeyman) who shall serve in addition to three members of the Building and Safety Commission. 8.04.020.030 Permit Expiration. Section 303.4 of the Uniform Administrative Code, 1994 Edition is amended to read as follows: 5 e e Expiration. Every permi t issued under the provisions of this code expires by limitation and becomes null and void when the time allowed in the Table in subsection (c) below is reached, or when any of the following circumstances is applicable: (a) If the building or work authorized by such permit is not started within 180 days from the date of permit issuance; (b) If the building or work authorized is suspended or abandoned at any time after the work has started, for a period of 180 days or more. (c) The maximum time allowed to complete all work authorized by the building permit shall be as follows: Valuation Time Allowed* Under $ 3 00, 000. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 months $300,001 to $1,000,000.................... 24 months $1,000,001 to $5,000,000.................. 30 months $5,000,001 to $20,000,000................. 36 months Over $20,000,000.......................... 48 months .. For site permits with a valuation of $2,500,000 or more, the time allowed to complete work authorized by the building permit may be increased by the Building Officer by up to 50 percent. (d) Extensions. An extension of time from the stated periods may be permitted for good reason, provided such requests are submitted to the Building Officer in 6 e e writing prior to permit expiration. The written request must demonstrate that: ( 1) Due to circumstances beyond the owner's or permittee's control, construction could not be commenced or completed in the authorized time period; (2) Substantial progress has been made; (3) The condition of the property presents no health or safety hazard; and (4) The continued delay will not create any unreasonable visual or physical detriment to the neighborhood. The decision of the Building Officer may be appealed to the Director of Planning and Community Development, whose decision shall be final. Any such appeal shall be filed within 7 days of the decision of the Building Officer, and shall be in writing. Unless approved by the Director of Planning and Community Development, based upon unusual circumstances presenting a unique hardship to the applicant, the time periods set forth in subsections (a) and (b) above may be extended no more than once, and the time period set forth in subsection (c) may be extended no more than three times. Each extension of time shall not exceed 180 days. 8.04.020.040 Suspension or Revocation. Section 303.5 of the Uniform Building Code, 1994 7 e e Edition, is amended to read as follows: Suspension or Revocation. The Building Officer may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit has been issued in error or on the basis of incorrect information supplied, or in violation of any ordinances or regulations or any provision of this code. Any permit issued for which less than the correct permit and plan checking fees were paid shall be considered an invalid permit and shall be suspended until the complete bill of fees has been paid. Failure to pay the correct fees shall be sufficient grounds for denial of a temporary certificate of occupancy or a certificate of occupancy. 8.04.020.050 permit, Plan Check and Inspection Fees. Sections 304.2 and 304.3 of the Uniform Administrative Code, 1994 Edition, relating to permit fees, is amended to read as follows: permit, Plan Check and Inspection Fees. The fee for each permit, plan check and inspection shall be as set forth by Resolution of the City Council. The determination of value or valuation under any of the provisions of these codes shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be 8 e e the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical plumbing, heating, air-conditioning I elevators, fire-extinguishing systems and any other permanent equipment. 8.04.030 Abatement of Danqerous Buildinqs Code. That certain document entitled nUniform Code for the Abatement of Dangerous Buildings, 1994 Editionl1 adopted by the International Conference of Building Officials is hereby adopted, as amended, deleted or modified thereafter, and as amended in this Chapter, as the Abatement of Dangerous Buildings Code of the City of Santa Monica. 8.04.040 Buildinq Code. Those certain documents entitled I1Uniform Building Code, 1994 Edition" including "Uniform Building Code Standards, 1994 Edition," adopted by the International Conference of Building Officials, are hereby adopted, as amended, deleted or modified thereafter, and as amended in this Chapter, as the Building Code of the City of Santa Monica. 8.04.040.010 Local Amendments to the Uniform Buildinq Code. 9 e e Notwithstanding any provisions of the Uniform Building Code, or other codes adopted by this Chapter to the contrary, the local amendments contained in section 8.04.040.020 and following shall apply. 8.04.040.020 Fire safety and Prevention Requirements. Di vi sion 1.00. Purpose. The purpose of this section is to promote public safety and welfare by reducing the cumulative impact of certain individual construction and building projects each with an increased potential demand on the rescue and fire suppression resources of the community. The city Council establishes the policy of regulating both new and existing buildings in this class by requiring approved automatic fire extinguishing and detection systems, standpipes, fire resistive doors, and other construction to be provided in these structures at the time of their construction, conversion, alteration, and maintenance so as to significantly reduce the potential demand from simultaneous incidents on emergency services resources. Division 2.00. scope. The provisions of this section shall apply to all new and existing buildings within the City, as indicated below. structures for which a building permit has been issued prior to October 17, 1995, shall be considered as existing buildings. 10 e e Division 3.00. Requirements for Automatic Fire Extinguishing and Protection systems. 3.01 Automatic Fire Sprinkler System. (a) An approved automatic fire sprinkler system shall be installed as set forth in this section under the following conditions: (1) In all new construction, "new construction" to be defined in administrative regulation adopted by the Building Official; and (2) Throughout any existing building for which there is a change either in occupancy classification or to a more hazardous Division, as determined by the Fire Chief. (b) Enforcement. When it is determined that a building does not comply with the requirements of this subsection 3.01, the owner shall be served with a notice by registered or certified mail, return receipt requested and the notice shall be deemed served on the date it is placed in the United states Postal System. The notice shall specify the manner in which the building fails to meet the minimum requirements of this section. It shall direct that plans be submitted and that necessary permits be obtained not less than ninety (90) days after the service of the notice, and that corrections be completed not later than one year after service of the notice. (c) Notice of Non-compliance. Any building or 11 e e structure failing to meet the provisions of this subsection 3.01 shall be posted with a notice of non- conformance. The notice shall be posted at the main entrance of the structure or structures, or as close thereto as reasonably possible, until all required work has been completed to the satisfaction of the Fire Chief or his or her designee. (d) Standards. The Fire Chief and Building Official are jointly authorized to promulgate standards regarding the installation and type of automatic fire sprinkler systems required by this Division. 3.02. High-Rise Buildinq Requirements. New buildings or structures housing any occupancy classification having floors used for human occupancy more than 55 feet above the lowest level of Fire Department vehicle access shall comply with the high-rise building requirements contained in Section 403 of the Uniform Building Codel 1994 Edition, and Section 403 of the California Building Code, 1995 Edition. 3.03. Structures Four or Hore stories in Height. In new buildings four or more stories in height all stairways serving the top floor shall extend to the roof surface. 3.04. structures with Ploors Hore than 30 Feet Above Fire Depart.ent Access. Every existing non-residential building or structure, and every existing building or 12 e e structure used as a hotel, apartment house, or lodging house, with floors more than 30 feet above the lowest level of Fire Department vehicle access, shall be provided with: (a) An approved automatic fire alarm system unless the building is provided with an approved full automatic fire sprinkler system. (b) Tight-fitting smoke and draft control, 20- minute rated (or equivalent) door assemblies on all doors opening into exit corridors or stairways. Such doors shall be equipped with an approved self or automatic closer in accordance with section 703.4 of the Uniform Building Code, 1994 Edition. (c) A sign indicating the number of each floor posted in the stairwells and every elevator lobby area. Type, size, color, and specific location of each sign shall be as required by the Fire Chief. (d) Automatic unlocking mechanisms for all stairway doors, including those required to open onto the roof, which are locked from the stairway side. The mechanisms shall have the capability of being unlocked simultaneously without unlocking upon activation of an approved fire detection alarm system, electric power failure, and electromechanically using one switch located as required by the Fire Chief. (e) Approved emergency lighting systems for all 13 e e exitways, stairways, corridors, and other integral portions of means of egress for safe evacuation of the building. (f) Additionally, every existing building or structure used as a hotel, apartment house, or lodging house, with floors more than 30 feet above the lowest level of Fire Department vehicle access shall have emergency and evacuation procedures approved by the Fire Chief posted in each sleeping room. 3.05. structures with Floors Hore than 55 Feet Above Fire Department Access. Every existing non- residential building or structure, and every existing building or structure used as a hotel, apartment house, or lodging house, with floors more than 55 feet above the lowest level of Fire Department vehicle access shall be provided with: (a) An approved partial automatic fire sprinkler system and an approved automatic fire detection alarm system, unless the building contains an approved full automatic fire sprinkler system. (b) Automatic shutoff for heating, ventilating and cooling systems as set forth in Section 608 of the Uniform Mechanical Code, 1994 Edition, with an added smoke detector for automatic shutdown as required by the National Fire Protection Association standard 90A, 1993 Edition, and manual switChing as required by the Fire 14 e e Chief. 3 .06. Existing Public Assembly Buildings. Every existing building or structure as determined by the Fire Chief to be used primarily for pUblic assembly, including drinking, dining, entertainment, exhibition, display, or similar concentrated uses, more than 5,000 square feet in total square footage, shall be provided with an approved automatic fire sprinkler system that protects the assembly areas and exitways and an approved automatic fire detection alarm system for other rooms and areas. This subsection 3.06 shall not apply to buildings or structures with an approved full automatic fire sprinkler system or to churches and theaters with fixed seating. 3.07. Full Automatic Fire sprinkler system. For purposes of this Division, a full automatic fire sprinkler system is a system that meets the requirements of the Fire Code adopted by Section 8.04.060 of the Santa Monica Municipal Code. Notwi thstanding any provision to the contrary, a full automatic fire sprinkler system installed in any building with floors more than 55 feet in height shall, unless determined by the Fire Chief to be infeasible, have two connections with control valves to independent risers on each floor level, with each riser being of the size necessary to deliver the required water supply. 3.08. Partial Auto_tic Fire sprinkler system. For 15 e e purposes of this Division, a partial automatic fire sprinkler system is a system that provides for protection of all exitways, both vertical and horizontal, including major aisleways leading to exits. Protection shall be provided for any room or area that opens directly into the exitway by locating one sprinkler opposite the center of and inside any such room or area. Partial systems shall meet the requirements of the National Fire Protection Association standard 13, 1994 Edition, and the Fire Chief. 3.9. Automatic Fire Detection Alarm System. For purposes of this Division, an automatic fire detection alarm system is a system that complies with the Santa Monica Fire Department requirements and is an approved arrangement of smoke, rate-of-rise, fixed temperature, or any other detector which is approved for the use intended. The system shall alert all occupants of a building in case of fire and, when required by the Fire Chief, notify the Fire Department through Central station Monitoring. 3.10. Exceptions. The requirements of 3.01, 3.02, 3.04, and 3.05 shall not apply to: (a) Hospitals as defined in Health and safety Code section 1250. (b) Buildings used exclusively as open parking garages. 16 e e (c) Buildings such as power plants, lookout towers, steeples, grain houses, and similar structures wi th noncontinuous human occupancy only when so determined by the Fire Chief. (d) Buildings owned by any public agency or school district. 3.11. Plans and specifications. Prior to installation of any automatic fire extinguishing or protection system required by this Division, the Fire Chief and Building Official shall jointly approve the plans and specifications for the system. 3.12. Smoke Detectors. Every dwelling unit and every guest room in a hotel, apartment house, or lodging house used for sleeping purposes shall be provided with smoke detectors approved by the Fire Chief and located as required by section 310.9 of the Uniform Building Code, 1994 Edition. The Fire Chief shall make available to the public an informational brochure on those smoke detectors approved by the Fire Chief and the proper manner of installation. Division 4.00. Standards for Automatic Fire Extinquishing systems. (a) General. Systems shall conform to the Fire Code adopted by Section 8.04. 060, and to supplemental requirements of the Fire Chief. (b) Alarms. Systems shall be supervised by an 17 e e approved central receiving service. Exception. Systems containing less than 100 heads may be provided with a proprietary or local alarm. (c) Annunciation and Control. Extinguishing systems shall include control valves and signaling devices to control and indicate system operation by floors or other approved subdivisions. An annunciator panel shall be provided in an approved location near the principal entrance. (d) Fire Department Connections and system Zones. Systems shall be provided wi th Fire Department connections at approved locations on public street frontages. Multiple exterior connections and system zones shall be interconnected. (e) Approval, Acceptance, Testing'. The design, plans, materials, installation, acceptance, and periodic tests of components and systems required by this Division shall be approved by the Chief and conform to current standards of the Fire Code. Division 5.00. Requirements for standpipe systems. Class II standpipes shall be provided in buildings three stories in height in accordance with the Building Code. Al ternate protection to this provision may be approved by the Fire Chief. Division 6.00. Non-Fire Retardant Wood Roofing'. The use of non-fire retardant wood shingles or non-fire 18 e e retardant wood shakes for new or replacement roofing is prohibited. 8.04.040.030 suppleaental Seismic Safety Rehabilitation Requirements. Division 1.00. Scope. The provisions of this Section shall apply to all pre-1934 unreinforced masonry structures which currently have or may in the future have recorded against them on the record of title in the County Recorder's office a city "Notice of Substandard and Potentially Hazardous Building.tI Division 2.00. Compliance Requirements. The owner of each building within the scope of this Section shall, within the time limits set forth in this section, cause the building to be structurally altered to conform to the earthquake standards specified in the Seismic Retrofitting Code. That certain document entitled "Appendix Chapter I of the Uniform Code of Building Conservation, 1994 Edition" published by the International Conference of Building Officials is hereby adopted as amended, deleted or modified herein as the Seismic Retrofitting Code of the City of Santa Monica. Division 3.00. oooupant Load and Building Type. The occupant load of each building subject to the Seismic Retrofitting Code shall be determined by the Building Official in accordance with Section 1002 of the Uniform 19 e e Building Code, 1994 Edition. For purposes of complying wi th the time limits set forth in Division 4.00, the rating classification ("Type") of the building shall be defined as follows: Ratinq Classification Buildinq Type occupant Load Essential I Any High risk II 100 or more Medium risk III-A 100 or more III-B More than 20, but fewer than 100 Low risk IV Fewer than 20 An "essential" building shall be any building that must be usable in the event of an emergency, and shall include hospitals, police and fire stations and disaster recovery centers. A "high risk" building shall be any building with 100 or more occupants and without masonry or woodframe crosswalls spaced less than 40 feet apart in each story. A "medium risk subclass An building shall be any building with 100 or more occupants and with masonry or woodframe crosswalls spaced less than 40 feet apart in each story. A "medium risk subclass Btl building shall be any building with more than 20 but fewer than 100 20 e e occupants. A Iflow risklf building shall be any building with fewer than 20 occupants. Division 4.00. Timetable for compliance. The time limits set forth below shall begin to run from September 29, 1992. The owner of any occupied or vacant building within the scope of this section shall comply with the requirements set forth herein and in the Seismic Retrofitting Code by filing for a permit, sUbmitting plans to the Building Official, commencing construction and completing construction within the time limits specified below: Required Action By OWner Building Type File for Permit and Submit Plans to Building Official Within Commence Construction Within Complete Construction With.Ln A. Install Wall Type I,II,III,IV 180 Days 270 Days 1 Year B. If Wall Anchors Type I 635 Days(lyr 9mos} 2 Years 4 Years Installed, Then Type II 635 Days(lyr 9mos} 2 Years 4 Years Make Structural Type III 2825 Days ( 7yrs 9mos) 8 Years 10 Years Alterations: Type IV 2825 Days ( 7yrs 9mos) 8 Years 10 Years c. If Wall Anchors Type I 270 Days 1 Year 2 Years Are Not In- Type II 270 Days 1 Year 2 Years stalled, Then Type III 1000 Days (2yrs 9mos) 3 Years 4 Years Make Structural Type IV 1365 Days (3yrs 9mos) 4 Years 5 Years Alterations: Such plans shall be prepared by a State licensed architect or engineer. After plans are filed and approved by the Building Official, the owner shall obtain a Building Permit and then commence and complete the required construction within the time limits set forth above. That portion of the plan check and building permit 21 e e fees that are allocable to structural alteration of the building that is necessary for compliance with the Seismic Retrofitting Code shall be waived by the Building Official. An owner electing to install wall anchors pursuant to the Seismic Retrofitting Code is also required to structurally alter the building to make it fully comply with the seismic Retrofitting Code within the time limits set forth herein. Division 5.00. Historical Buildinqs. Buildings designated as historically or architecturally significant landmarks on national, state or local historical registers shall comply with the seismic Retrofitting Code. At the Building Official's discretion, modifications to the retrofitting standards set forth in the Seismic Retrofitting Code may be made so long as such modifications are consistent with the provisions of the State Historic Building Code. Division 6.00. Demolition. An owner desiring to demolish a building must nevertheless comply with the provisions of this Code unless such owner receives permission to demolish the building prior to the time limits set forth in Division 4.00 herein for the filing of a permit and the submitting of plans to the Building Official. Such an owner shall submit a Demolition Permit Application to the Building Official and shall meet all 22 e e of the requirements for demolition imposed by this Code including but not limited to those requirements set forth in section 9.04.10.16.010 of this Code before such a demolition shall be permitted. Nothing in this section or in the Seismic Retrofitting Code shall be deemed to relieve a building owner of meeting the requirements for demolition of a building imposed by any other applicable law or regulation. Division 7.00. Appeal of Initial Determination. The owner of any building may appeal the Building Official's initial determination that the building is within the scope of this Code to the Building and Safety Commission as the Board of Appeals established by section 8.04.020.020 of this Code. Such appeal shall be filed with the Board by December 28, 1992. Any such appeal shall be decided by the Board no later than ninety (90) days after filing and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modifications from any other determinations, orders, or actions by the Building Official pursuant to this section may be made in accordance with the procedures established in Sections 105 and 106 of the Uniform Building Code and Section 204 of the Uniform Administrative Code, as adopted by the City. Division 8.00. Enforcement. If the owner in charge or control of the subject building fails to comply with 23 e e this Code within any of the time limits set forth herein, the Building Official may order that the entire building be vacated and that the building remain vacated until this Code has been complied with. If compliance has not been initiated within ninety (90) days after the date the building has been ordered vacated or such additional time as may have been granted by the Board of Appeals, the Building Official may (i) commence the building's demolition in accordance with the provisions of Section 102 of the Uniform Building Code, 1994 Edition, and in accordance with the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the City, or, (ii) undertake and complete such structural alteration of the building as may be necessary in the sole judgment of the Building Official to cause the building to conform to the earthquake standards specified in the seismic Retrofitting Code, and to cause a lien for the costs of such structural al teration to be placed against the property. No demolition may occur pursuant to this Division 8.00 without compliance with all City laws and regulations governing demolitions. Division 9.00. Appeal Based on Severe Financial Hardship. The owner of any building may appeal on the basis of severe financial hardship from compliance with this section. Such appeal shall be filed with the City's Chief Financial Officer no later than February 26, 24 e e 1993. Any such appeal shall be decided by the Chief Financial Officer no later than ninety (90) days after filing and the grounds thereof shall be stated clearly and concisely. The burden shall be on the owner to demonstrate conclusively that compliance with this section shall result in severe financial hardship. Documentary evidence shall be submitted by the owner at the time the appeal is filed and shall clearly demonstrate that compliance with this section shall result in severe financial hardship. Such documentary evidence may include, but shall not be limited to, the owner's tax returns, general ledgers, rental and lease agreements, personal and corporate income and expense records, and any such other financial documents or information as the owner desires to subrni t for consideration or as the City'S Chief Financial Officer deems necessary or desirable in evaluating the owner's claim of hardship. The failure of the owner to provide any financial document or information requested by the Chief Financial Officer shall result in denial of the appeal. Any person denied an appeal by the Chief Financial Off icer may appeal the denial to a three person Financial Hardship Appeal Board established by the city Manager. Any such appeal shall be made in writing within ten (10) 25 e e days of the denial and shall be based on the evidence supplied to the Chief Financial Officer. The Appeal Board may approve or deny any appeal and may relieve an owner from compliance with the requirements of Division 4.00 (A), (B), or (C) of this Section, as the Appeal Board in its sole discretion deems financially feasible. The decision of the Financial Hardship Appeal Board shall be final except for judicial review and shall not be appealable to the city Council. The Appeal Board is authorized to establish procedures for the processing and consideration of appeals. In any case where a building is exempted from compliance with this section on the basis of financial hardship, such exemption shall be null and void and of no further force or effect at the time the building is sold or experiences a major change of occupancy as defined in the Building Code. Division 10.00. canopies. A pedestrian canopy conforming to the standards developed by the Director of Environmental and Public Works shall be constructed below any URM wall adjacent to any public right of way upon commencement of construction of the structural alterations required by this section. Section 8.04.040.040 Repair, Reconstruction and Reinforcement of unreinforce4 Hasonry Bui14inqs 26 . . Requirements. In addition to the requirements of section 8.04.040.030, the following requirements shall apply to the repair, reconstruction and reinforcement of unreinforced masonry buildings. Division 1. 00. Definitions. As used in this Section, the following terms shall be defined as follows: (a) Zone 1. (1) for one-story buildings, the area within 9 feet of a public right-of-way; and, (2) for two- or more story buildings, the area within 20 feet of a public right of way. (b) Zone 2. All areas not in Zone 1. Division 2.00. Scope. The owner of each building within the scope of this Section shall, within the time limits set forth in this Section, cause the building to be altered to conform to the earthquake standards specified in this Section. Nothing in this Section shall allow for an extension or exemption from Section 8.04.040.030 of the Municipal Code. Division 3.00. Standards for Repair, Reconstruction and Reinforcement of Unreinforced Hasonry ("URM") Buildings. (a) General. (1) within 60 days of the date notice to the property owner is provided by the City, the property owner of any URM structure damaged by the January 17, 27 e e 1994 Northridge earthquake or its aftershocks, shall submit to the Building and Safety Division a report prepared by a licensed engineer, identifying the extent of damage to the structure and the necessary repairs. Necessary repairs shall be made within 18 months from the date the notice is provided by the city. (2) Except as provided in subsection (c), when any portion of a URM budding such as a parapet, wall or other element has failed or collapsed, repairs shall be made wi th wood frame or steel construction, or other material structurally compatible with the unreinforced masonry. Reinforced masonry and concrete shall not be considered structurally compatible with the underlying unreinforced masonry. Repairs shall be made by December 21, 1995. (b) Parapets. (1) Parapets Damaged by the January 17, 1994 Northr idge Earthquake. Any URM parapet or portion thereof damaged by the January 17, 1994 Northridge earthquake or its aftershocks, with 10 percent or more of damage on any side, or where the cost of repair exceeds $50,000, shall be braced by December 21, 1995 in accordance with the Uniform Building Code in effect at the time a building permit is issued. (2) Reinforcement of Unreinforced Masonry Parapets. Any URM parapet, or portion thereof located 28 e e within Zone 1, shall be braced to the roof in accordance with the Uniform Building Code in effect at the time the building permit is issued, by December 21, 1995, or as part of any earthquake repair building permit, whichever occurs first. For parapets located in Zone 2 , all parapets shall be braced according to the timetable for making structural alterations contained in Division 4.00 of section 8.04.040.030. (c) Walls. (1) Any unreinforced masonry wall damaged by the January 17, 1994 Northridge earthquake or its aftershocks with less than ten percent of cracking on any elevation where the wall remains connected to the floor and ceiling and the wall remains in plane, may be repaired with grout or epoxy and shall be repaired an by December 21, 1995. (2) If any unreinforced masonry wall damaged by the January 17, 1994 Northridge earthquake or its aftershocks has any elevation out of plane, but by less than two percent, a review and analysis by a licensed engineer is required to determine the extent of damage and the necessary work to repair the damage. Such analysis shall be submitted to the City by December 21, 1994. Repairs shall be completed by December 21, 1995. 29 . . (3) If any unreinforced masonry wall damaged by the January 17, 1994 Northridge earthquake or its aftershocks has any elevation out of plane by more than two percent, the entire wall shall be removed to the next available horizontal or vertical structural boundary. (d) Vacant URM structures located in Zone 1. Any portion of a vacant URM structure located in Zone 1 which was damaged by the January 17, 1994 Northridge earth- quake or its aftershocks, where the cost of repair exceeds $10,000, shall be structurally supported by December 21, 1995. Division 4.00. Historical Buildings. Buildings designated as historically or architecturally significant landmarks on national, state or local historical registers shall comply with this section. At the Building Official's discretion, modifications to the standards set forth in this section may be made on a case by case basis, so long as such modifications are consistent with the provisions of the state Historical Building Code. section 8.04.040.050 Repair, Reconstruction, and Reinforcement of potentially Hazard Structures. Division 1.00. Definitions. As used in this Section, the following terms shall be defined as follows: 30 e e (a) NOD Ductile Precast concrete Buildinq. Any structure designed and constructed with concrete elements that are cast in other than their final position. (b) Non Ductile Reinforced Concrete Buildinq. Any structure designed and constructed with poured in place reinforced concrete. (e) Soft story Buildinq. Any structure or portion of a structure classified as soft story in the Uniform Building Code as adopted by the City of Santa Monica. (d) Steel Frame structure. Any structure designed or constructed with steel frame elements of load bearing and lateral load resistance systems. Division 2.00. Determination of occupant Load and Buildinq Type. For purposes of this Section, the occupant load of each structure shall be determined by the Building Official in accordance with the Uniform Building Code as adopted by the city of Santa Monica and shall be applicable to both vacant and occupied structures. For purposes of this Section, the structure type shall be as defined in the Earthquake Design provisions of the Uniform Building Code as adopted by the city of Santa Monica. Division 3.00. scope. The owner of any structure identified in this section shall, within the time limits set forth in this 31 - e Section, cause the structure to be evaluated, repaired or retrofitted to conform to the criteria specified in this section. Division 4.00. Soft story Construction. (a) within 120 days of the date of notice to the owner by the City, but no later than March 31, 1995, the owner of any soft story structure damaged by the January 17, 1994 Earthquake or its aftershocks, where the cost of repair is less than 50% of the replacement value of the structure, shall submit an engineering report prepared by a licensed engineer ("engineering reportU) to the Building and safety Division, except that any owner who did not recei ve notice shall be granted at least an additional thirty (30) day extension by City staff from the date the owner is notif ied of noncompliance. The report shall be based on a non-rotational lateral analysis and shall demonstrate whether the building complies with the Earthquake Design provisions contained in the Uniform Building Code in effect at the time the structural engineering report is submitted to the city. If the report concludes the structure does not comply wi th the provisions, the structure shall be strengthened within the timelines of Division 7.00 of this Section and according to the following standards: (1) Calculated story drift shall not exceed 0.04/RW or 0.005 times the story height for structures 32 e e having a fundamental period of less than 0.7 seconds. For structures having a fundamental period of 0.7 second or greater, the calculated story drift shall not exceed 0.03/Rw or 0.004 times the story height. (2) Use K=2 .1, the buckling factor for a cantilever column, for the design of the steel columns. (3) Do not allow the principle of diaphragm rotation in wood frame buildings to distribute the design lateral forcers). (b) within 120 days of notice to the owner by the city, the owner of any soft story structure not damaged by the January 17, 1994 Northridge earthquake or its aftershocks, shall submit an engineering report to the Building and Safety Division. The report shall be based on a non-diaphragm rotational lateral analysis and shall demonstrate whether the structure conforms to the Earthquake Design provisions contained in the Uniform Building Code as adopted by the City of Santa Monica. If the report concludes the structure does not comply with the provisions, the structure shall be strengthened within the timelines of Division 7.00 of this Section and according to the standards listed in subsection (a) above. Division 5.00. Tilt-up Buildinqs Constructed to Pre-1976 Buildinq Cod.. within 275 days of the date of notice to the owner 33 e e by the City, the owner of any Tilt-up building constructed to pre-1976 Building Code standards shall submit an engineering report to the Building and Safety Division. The report shall demonstrate whether the structure conforms to the Earthquake Design standards contained in the Uniform Building Code in effect at the time the report is submitted to the City. If the report concludes the structure does not comply with the standards, the structure shall be strengthened to comply with the standards within the timelines of Division 7.00 of this section. Division 6.00. Non Ductile Reinforced concrete and Non Ductile Pre-Cast Concrete structures. Within 275 days of the date of notice to the owner by the city, the owner of any non ductile reinforced concrete or non ductile pre-cast concrete structure shall submit an engineering report to the Building and Safety Division. For structures over three stories in height, the report shall be based upon a dynamic lateral-force analysis except for structures where resistance to all lateral loads is provided only by either new or existing shearwalls that will be upgraded to the current code, in which case the report may be based upon a static lateral force analysis. For structures three stories or less, the report shall be based upon a static lateral load analysis. The report shall demonstrate whether the 34 e e structure conforms to the Earthquake Design provisions contained in the Uniform Building Code in effect at the time the report is submitted to the City. If the report concludes that the structure does not comply with the provisions, the structure shall be strengthened to comply with the provisions within the timelines of Division 7.00 of this section. Division 6.50. Steel Prame Structures. within 275 days of the date of notice to the owner by the City, the owner of any steel frame structure shall submit to the Building and Safety Department an engineering evaluation report prepared by a California registered Structural Engineer based upon an inspection of a representative sample of connections of the building ("structural Report"). The Structural Report shall indicate whether the steel frame structure conforms to standards for steel moment frame building and connections contained in the Interim Guidelines of the SAC Joint venture, published in August 1995, as SAC Report 95-02, FEMA publication 267, or as such Guidelines are subsequently amended (hereinafter referred to as SAC Report 95-02), a copy of which is on file in the Building and Safety Division. If the structural Report concludes that the building does not conform with the standards of SAC Report 95-02, or if other significant damage is found in the inspection, the building shall be repaired to 35 e e fully conform with the referenced standards within the timelines of Division 7.00 of this section. Division 7.00. Timetable for Compliance. Required Bldg. File for Permit Commence Complete Action by Type and Submit Plans Construction Construction Owner to Building within within Official within Make I 60 days from 150 days from 1 year from alterations date of eng. date of eng. date of eng. to strengthen submittal submittal submittal rpt. rpt. rpt. structure II 180 days from 270 days from 2 years from date of eng. date of eng. date of eng. rpt. submittal rpt. submittal rpt. submittal III 1~ years from 1 year 8 mos. 3 years from date of eng. from date of date of eng. rpt. submittal eng. rpt. rpt. submittal submittal IV 2 years 5 mos. 2 years 8 mos. 4 years from from date of from date of date of eng. eng. rpt. eng. rpt. rpt. submittal submittal submittal Notwi thstanding the above, as to any soft story structure with occupied square footage other than parking 36 e e or storage on the first floor of the building, construction shall be completed within 2 years from the date of engineering report submittal. For purposes of this Section, "date of engineering report submittal" shall be either that date upon which the report was due to be submitted to the City, or the date of actual submi ttal to the ci ty , whichever is earlier. Division 8.00. Historical Buildinqs. Buildings designated as historically or architecturally significant landmarks on national, state or local historical registers shall comply with this section. At the Building Official's discretion, modifications to the standards set forth in this section may be made on a case by case basis, so long as such modifications are consistent with the provisions of the State Historical Building Code. 8.04.040.060 Critical facilities. Division 1.00. De.iqnation of Critical Facilities. The following facilities are designated as critical facilities which are necessary for emergency operations subsequent to a natural disaster: Santa Monica Police Department, Santa Monica City Hall, Santa Monica Municipal Airport Administration Building, Airfield Maintenance Building, fixed base operator building, 37 e e runway and control tower, Santa Monica Animal Shelter, Santa Monica civic Auditorium, the Ken Edwards Center, Santa Monica Main Library, Santa Monica Public works Yard, Santa Monica Transfer station, Santa Monica Fire Training Center, the structures located in the Santa Monica Recreation and Park facilities at Lincoln Park except Miles Playhouse, Marine park, Memorial Park, and virginia Park, police Activity League, Senior Recreation Center, Santa Monica Municipal Bus Lines Grounds and Maintenance Building and Administration Building, Moss Avenue Sewer Pumping station, Arcadia Water Treatment Plant, Charnock Pumping Station, Mt. Olivette Reservoir, and Riviera Golf Course Reservoir. Division 2.00. ADalysis and Repair of Critical Facilities Subsequent to . Natural Disaster. When any critical facility located in the City of Santa Monica is damaged in excess of twenty-five thousand dollars as a result of a natural disaster, such critical facility shall be analyzed, designed, repaired and upgraded to the same design and performance standards applicable to an essential facility in compliance with the Uniform Building Code, including, but not limited to, Part III-- Earthquake Design Standards, of the Uniform Building Code, adopted by the city in effect at the time the analysis is conducted, or, in the event that a building permit is issued for repairs, then the Uniform Building 38 e . Code adoptea by the City in effect at the time the building permit for such repairs is issued, whichever is later. 8.04.040.070 Construction and Property xailltenance llequirements. Division 1.00. Hou.. Numbering. (a) Frontage to be Numbered. All lands and lots within the city now platted or which hereafter are platted shall have numhers assigned to each space of twenty feet frontage on any street within or bordering upon the same and such number shall be affixed to all buildings thereon or which may hereafter be erected thereon. (b) System of Numberinq. One hundred numbers shall be assigned to each and every block between streets and avenues and wherever such streets and avenues do not extend through any platted or unplatted lands, the nllml,er shall be assigned to the spaces between such streets if extended through such lands. (c) Information. The City Engineer shall assign the numbers to all lands now platted and all lands which may hereafter be platted, and shall indicate the same upon an official city map, and file a copy of the same with the Building OfficiaL The owners of property within the city shall apply to said Building Official and 39 e e be furnished with appropriate assigned numbers, without charge therefor. Division 2.00. Drainaqe Requlations. The roof of every building and structure shall be kept waterproof, and all storm or casual water therefrom shall be properly drained and conveyed to a street, sewer, storm drain, street gutter or other approved location. All portions of a developed property including yards, areaways, courts, pools, parking and other areas shall be properly graded and drained. All drains, gutters, basins, pumps and other devices required to properly drain a property shall be maintained in good working order. Division 3.00. Pool Fencing Requlations. Every person, firm or corporation owning land on which there is situated a swimming pool, pond, or other body of water which contains water 18 inches or more in depth at any point shall completely surround such body of water or property with a fence, wall or other structure not less than 4 1/2 feet above the adjacent grade at all places and with no opening therein more than 4 inches in maximum dimensions. Any gate in such fence shall have a latch at least 4 1/2 feet above the underlying ground and such gate shall be self-closing and secured when adults are not present. 40 e e Division 4.00. Temporary Trailer Permits. (a) House-Type Trailers. Whenever the expression "house-type trailers" is used in this division, it shall mean house trailers, trailer coaches, mobile homes, and such type vehicles as are defined in section 18000 et seq. of the Health and safety Code. (b) Regulations. The following regulations shall apply to house-type trailers other than mobile homes located in mobile home parks for uses other than as living accommodations. No person, firm or corporation shall use, store, or place a house-type trailer for any purpose or in any manner except as in these regulations provided: 1. No person, firm or corporation shall use a house-type trailer for any purpose or in any manner without first obtaining a written permit from the Building Official authorizing such use, storage, or placement. 2. No person, firm or corporation shall use, store or place a house-type trailer for any purpose or in any manner in violation of or in non-conformance with any of the terms provided in a permit issued by the Building Official for use, storage, or placement of said house- type trailer. 41 e e 3. The Building Official shall be guided by the following standards in the issuance of permits for the use, storage, and placement of house-type trailers: No house-type trailer shall be used in any residential zone for any purpose other than storage thereof, except when used in connection with the erection of new structures. No house-type trailer or house-type trailers singly, in connection groups, or otherwise shall be used for any purpose on any lot or parcel, as defined in Article IX of this Code, for a cumulative time of more than six months in any twelve consecutive months, except as hereinafter provided for any purpose other than storage thereof. Except in connection with the erection of new structures, no house-type trailer shall be used for any purpose not directly connected and associated with a business or activity conducted within an enclosed building on the lot or parcel upon which it is used or upon a lot or parcel immediately adjacent or contiguous thereto which is under the ownership operation, or direct control of the person, firm or corporation to whom the permit is issued. No permit shall be issued for the use of a house- type trailer unless there are legally provided toilet facilities located within a reasonable distance not to exceed 200 feet from the closest point of said house-type 42 e e trailer, which toilet facilities are owned, operated, or under the direct control of the permittee. The total space occupied by a house-type trailer or trailers used under such permit shall not exceed one percent (1%) of the total square footage of the enclosed portion of the building described above for the activity, provided that the space occupied by the house-type trailer may be limited to one house-type trailer used in connection with any business or businesses which are related to each other and are, directly or indirectly, under a common ownership or management, if the space which would be occupied by any house-type trailers in excess of one is normally used for parking of automobiles or has been so used within three months of the time of the application for the permit, and only if the automobiles so displaced may be accommodated on other off street parking facilities owned or controlled by permittee. The permit issued hereunder may be extended for a period not to exceed one year, provided that in the event of such an extension, no further permit shall be issued for use on the same or adjacent premises or on premises owned, operated, or controlled by the permittee or his or her successor or successors in interest for a period of two years succeeding expiration of the extended permit. Division 5.00. san4blastinq Regulations. 43 e e (a) Perait Required. No person shall do any exterior sandblasting within the city without first obtaining a permit. A permit shall be required for each separate work location or contractor. (b) Application. To obtain a permit the applicant shall file an application with the Building and Safety Department Each application shall state the location, name and address of responsible party, estimated times sandblasting will take place, amount of insurance for property damage and public liability that the applicant carries and the name of the company issuing the policy. (c) Restrictions. No sandblasting shall be permitted before 8: 00 am. or after 6: 00 pm. Monday through Friday, and before 9:00 am. or after 5:00 p.m. Saturday, nor on a Sunday or legal holiday unless a special permit for such work is issued under Municipal Code section 4.12.140. No dry sandblasting shall be permitted except upon special permission of the Building Official. permission shall be granted only in those situations where wet sandblasting cannot be done due to unique circumstances. Any application for dry sandblasting shall state thereon the reasons why wet sandblasting cannot be used and the addi tional precautions that will be taken to protect the public. A minimum of 3 days notice shall be given to owners, tenants and occupants of all structures within 150 feet 44 e e of the site on which sandblasting is to be done. Division 6.00. Bracing of Water Heaters. Prior to any building sale after June 21, 1994, or as part of any building permit or inspection carried out by the Building and Safety Division, all water heaters shall be braced in conformance with the minimum standards established by the Building and Safety Division. 8.04.050 Blectrical Code. That certain document entitled "National Electrical Code, 1993 Edition, II adopted by the National Fire Protection Association, is hereby adopted, as amended, deleted or modified thereafter, and as amended in this Chapter, as the Electrical Code of the City of Santa Monica. 8.04.050.010 Local Aaendments to the National Electrical Cod.. Notwithstanding any provisions of the National Electrical Code, or other codes adopted by this Chapter to the contrary, the local amendments contained in section 8.04.050.020 and following shall apply. 8.040.050.020 wiring. (a) Wiring methods permitted by the National Electrical Code may be installed provided that any wiring 45 e e not having metal protection over the conductors shall be entirely concealed within the building structure to prevent and inhibit tampering. (b) Conductors for general wiring made of aluminum alloys containing more than 50% aluminum base metal shall not be permitted in diameters smaller than No.6. 8.04.050.030 Electrical Appliances, Devices, Materials and Bquipment Requlations. No person, firm or corporation shall sell, offer for sale, loan, rent, dispose of by gift or premium, give or otherwise furnish, provide or make available for use any electrical material, device, appliance or equipment, designed or intended for attachment, directly or indirectly to any electrical system, circuit or electrical service for light, heat or power in the City unless such electrical material, device, appliance or equipment complies with the provisions of this ordinance. The Building Official and Chief Electrical Inspector are hereby empowered to enforce the provisions of this Ordinance. 1. Rating. All electrical materials, devices, appliances, or equipment designed or intended for attachment, directly or indirectly to any electrical system, circuit or electrical service for light, heat or power, shall be only those which conform with the 46 e e requirements of this ordinance. Each such article shall bear or contain the maker's name, trademark or identification symbol, together with such rating by the manufacturer as may be necessary to determine the intended use. The correct operating voltage, amperage and total watts shall be stated and no person shall remove, alter, deface or obliterate any such marking. 2. Approvals. All electrical materials, devices, appliances, or equipment covered by and intended to be regulated by this Ordinance shall conform with the published National Safety Standards for such materials, devices, appliances or equipment on file in the office of the United States Bureau of Standards. Copies of such standards on file in the office of the Chief Electrical Inspector shall be open to inspection by the public. Listing or labeling by the Underwriter's Laboratories, Inc., or other recognized testing laboratory whose standards are on file with the United States Bureau of Standards shall be prima facie evidence of conformity with these required standards. Where no such standards exist for any material, device, appliance or equipment, the Chief Electrical Inspector may designate a standard for each article submitted, which shall specify the tests necessary to provide the degree of safety to life and property as is generally required by the National Standards for approved materials, devices, appliances and 47 e e equipment of similar or related character or nature. 3. aevocation. Any approval granted by the Chief Electrical Inspector may be revoked if the electrical material, device, appliance, or equipment is found to be hazardous, unsuitable for the purpose used or intended, or does not conform with the standards under which it was approved for use. 4. Exceptions. The provisions of this Code shall not be deemed to apply to: (a) Safe, substantial, used or second-hand devices or appliances, provided that all parts or equipments used in rebuilding or reconstruction shall conform in all particulars with the National Standards for such article, and provided further that such articles when offered for sale shall have the same degree of safety to life and property as may then be required in a new article of the same type. (b) Electrical materials, devices, appliances and equipment which are safe and suitable for the purpose used or intended, provided such materials, devices, appliances and equipment are already fully covered and regulated by existing laws and ordinances now in effect. (c) Vehicles or motor vehicle equipment. (d) Industrial or commercial appliances which are to be used in a specific location, and which have been submitted to a recognized laboratory for approval as 48 e e conforming to the standards required hereof but on which final approval is still pending, provided however, that such exemption from the provisions of this Code shall be granted separately for each appliance only when satisfactory written evidence has been filed that laboratory approval has been applied for, and shall continue in force only during such time as the Chief Electrical Inspector has reason to believe that the testing laboratory will grant final approval certifying compliance to the prescribed standards. (e) Generating, transforming or converting devices or appliances nor any device or appliance for measuring or recording current voltage or power. 8.04.050.040 Ose4 Materials. Previously used materials shall not be re-used in any work without the advance approval of the Chief Electrical Inspector. 8.04.060 Fire Code. Those certain documents entitled "Uniform Fire Code, 1994 Edition, II including Appendix Chapters I-A, I-C, II- B, II-F, II-G, II-H, II-I, III-A, III-B, III-C, IV-A, IV- B, IV-C, V-A, VI-A, VI-B and VI-C, "Uniform Code Standards, 1994 Edition," adopted by the International Conference of Building Officials and Fire Chiefs Association and "National Fire Codes, 1994 Edition, II 49 e e adopted by the National Fire Protection Association, are hereby adopted, as amended, deleted or modified thereafter, and as amended in this Chapter, as the Fire Code of the City of Santa Monica. 8.04.070 Housing Code. That certain document entitled "Uniform Housing Code, 1994 Edition," adopted by the International Conference of Building Officials, is hereby adopted, as amended, deleted or modified thereafter, and as amended in this Chapter, as the Housing Code of the City of Santa Monica. 8.04.080 X.chanical Cod.. That certain document entitled "Uniform Mechanical Code, 1994 Edition," adopted by the International Conference of Building Officials, is hereby adopted, as amended, deleted or modified thereafter, and as amended in this Chapter, as the Mechanical Code of the City of Santa Monica, and shall be referred to, together with such amendments, deletions or modifications thereto, as the "Mechanical Code." 8.04.090 Pluabinq Code. That certain document entitled "Uniform Plumbing Code, 1994 Edition," adopted by the International 50 e e Association of Plumbing and Mechanical Officials, is hereby adopted, as amended, deleted or modified thereafter, and as amended in this Chapter, as the Plumbing Code of the city of Santa Monica. 8.04.090.010 Local Amendments to the Uniform PIUlll:linq code. Notwithstanding any provisions of the Uniform Plumbing Code, or other codes adopted by this Chapter to the contrary, the local amendments contained in section 8.04.090.020 and following shall apply. 8.04.090.020 Medium Pressure Gas. The approval of the use of "Medium Pressure Gas" as defined in section 1218 of the Uniform Plumbing Code, 1994 Edition, for any building or building service equipment as def ined in Section 103 of the Uniform Administrative Code, 1994 Edition, is hereby specifically reserved to the Plumbing and Mechanical Board of Appeals. Approval of the use of "Medium Pressure Gas" shall be in writing for each specific use or application and shall indicate any conditions or requirements for the installation. A copy of the written approval shall be transmitted to the applicant and the Building Official. 8.04.090.030 Ultra-Low Plush Toilets. 51 e e (a) Any "new construction, It "remodel" or "addition, 11 as defined in this Section, shall install only ultra-low flush fixtures. The installation of any flush fixture other than ultra-low flow is prohibited. (b) Derinitiona. As used in this section, the following words and phrases shall have the following meanings: (1) ultra-Low Plush pixtures: Urinals that are designated to use a maximum of one gallon per flush and toilets that are designated to use a maximum of 1.6 gallons per flush. (2) lIew Construction: Those proj ects for which a building permit has not yet been issued. (3) Remodel/Addition: A remodel or addition for which a building permit has not yet been issued and which includes the replacement of an existing water closet or the addition of a new water closet. (c) specifications. All low-flow plumbing fixtures installed must be certified by the state Department of Housing , Community Development, and either the International Association of Plumbing and Mechanical Officials or the American National Standards Institute. (d) Exemption. Exemptions from the above provisions may be granted by the Director of Environmental and Public Works in those cases when the Director finds that the existing sewer grades are insufficient or 52 e e incompatible with the ultra-low flush toilet grade specifications (i.e., areas where sewer lines have a relatively flat grade). 8.04.100 Supple.ental Land Ballard Zone Requir..ents. Notwi thstanding any provisions contained in the codes adopted by this Chapter to the contrary, the following provisions shall apply. Division 1. 00. Supplemental Land Ballard Zone Re- quirements. For the purposes of these codes, certain portions of the city are hereby established as Seismic Hazard Zones and Geologic Hazard Zones. Said zones shall be known as outlined, illustrated and designated in the Safety Element of the General Plan on the draft Districting Maps. Said maps together with all legends, indices and explanatory notes thereon is hereby made a part of these codes. It is further provided that adjustments and changes may be made hereafter in the boundaries of said zones by the Building Official to implement the Safety Element of the General Plan as additional geologic or subgrade data is made public. For the purposes of these codes, all construction within the scope of these codes that is within a Land Hazard Zone shall be subject to special design requirements which are necessary to effect the stated 53 e e purpose of these codes. Special design requirements shall be approved by the Building and Safety Commission. 8.04 .110 a.spons!]:)!l! ty for cod. Enforceaent In Mo]:)!I. Bo.. Parks. The city council hereby reaffirms Resolution Number 2536 (CCS) adopted November 11, 1961, whereby the City assumes responsibility for enforcement of State of California regulations and requirements for mobile home parks. 8.04.120 Applicat!on. (a) Any violation of the Uniform Codes or local amendments thereto adopted in this Chapter shall be a misdemeanor as provided for in section 1.08.010 of this Code. (b) The amendments to the Uniform Codes and local amendments thereto shall not in any manner affect the prosecution for violations thereof, which violations were committed prior to the effective date of the ordinance adopting the Section and shall not affect any prosecution or action which may be pending in any court for the violation of any of the provisions thereof. As to any such violation or as to any such prosecution or pending prosecution or action, the Uniform Codes and local amendments thereto in effect prior to the adoption of the ordinance adopting this section shall be deemed to 54 e e continue and be in full force and effect. (c) The provisions of the amendments to the Uniform Codes and local amendments thereto, insofar as they are substantially the same as the provisions in effect prior to the adoption of the ordinance adopting this section shall be construed as restatements and continuations and not as new enactments. (d) The provisions of this Chapter are adopted pursuant to Article XI, Section 7 of the California Constitution in addition to the authority contained in the Health and Safety Code and are adopted to protect the public health, safety and welfare of the city. (e) The preamble to the ordinance adopting this Chapter, and the Resolution adopted by the City Council concurrently therewith, should be consulted for further findings, background and legislative history. 8.04.130 Coastal development permit. No building permit or demolition permit shall be issued by the city for any development that requires a coastal development permit under the California Coastal Act of 1976, Public Resources Code Section 30000 et seq., until such time as a coastal development permit has been issued for such development. 55 e e SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconsti tutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause this ordinance, or a summary thereof to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: 7J1t-l(1 ~-1.tu<J hc~ MARSHA ~~OUTRIE city Attorney 56 e e ;gy ~8~ Mayor State of CalIforma ) County of Los Angeles) ss CIty of Santa MOnIca ) I, Mana M Stewart, CIty Clerk of the CIty of Santa MOnIca, do hereby certIfy that the foregomg OrdInance No 1835 (CCS) had Its first readmg on November 28. 1995 and had Its second readIng on December 120 1995 and was passed by the follOWIng vote Ayes CouncIl members Abdo, Ebner, Genser. Greenberg, Holbrook, O'Connor, RosensteIn Noes CouncIl members None AbstaIn CouncIl members None Absent CouncIl members None ATTEST ~.~ ~~.t CIty Clerk PROOF OF PUBLlCA"-" (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los Angeles, , am a citizen of the UnIted States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested In the above.entitled matter I am the prin<:lpal clerk of the printer of the ...... ...,... .T.\\~9:l:Jr~gg~. ......... ..... '" a newspaper of general circulation, printed and published .l)."'.I.I...X.~-KQ~.~.~J1N}?AX. In the City of .~.T^.M9NJ~^ ........... County of Los Angeles. and whIch newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of Cahfornla, under the date of)~~: .~6 19 .~~., Case Number '. ;n~.~1.~.... ,; that the notice, of which the annexed is a printed copy (set In type not smaller than nonpareIl). has been published in each regular and entIre Issue of said newspaper and not in any supplement thereof on the follOWing dates, to-Wit: DEe 23 all in the year 19.. .~? I certify (or declare) under penalty of perjury that the foregolOg IS true and correct Dated at... .~~~T.~. ~.1.9.~i.I~.~... .. . . .. . . ...... calif~i'. thIS....~~, ...day of "lD~~... 19.. ~~ . , , I. _ { /,J -~/L-JI.;/ J I J I; }~- ......~........~""". ... .. :1..L1..4.....-:-..-I.f t....." ~ Signature 'U_. 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