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ORD 276ORDINANCE NO.276 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, REVISING TITLE 8 ENTITLED 'BUILDING AND CONSTRUCTION," REPEALING EXISTING BUILDING AND CONSTRUCTION, AND ADOPTING, BY REFERENCE, THE UNIFORM ADMINISTRATIVE CODE, 1994 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM BUILDING CODE, 1994 EDITION, INCLUDING CERTAIN SPECIFIED APPENDICES AND THE UNIFORM BUILDING CODE STANDARDS, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE NATIONAL ELECTRIC CODE, 1993 EDITION, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION; THE UNIFORM PLUMBING CODE, 1994 EDITION, INCLUDING ALL APPENDICES AND THE INSTALLATION STANDARDS, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; THE UNIFORM MECHANICAL CODE, 1994 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1994 EDITION, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; THE UNIFORM SIGN CODE, 1994 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM FIRE CODE, 1994 EDITION, PUBLISHED BY THE INTERNATIONAL FIRE CODE INSTITUTE; THE UNIFORM HOUSING CODE, 1994 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AND THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; 1994 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. WHEREAS, the State of California has adopted a State -approved version of uniform codes governing construction in the State of California; WHEREAS, said new codes shall become automatically applicable to the City of La Quinta unless the City adopts certain findings related to local climatic or geographical conditions which requires modifications to the State -approved rules. The City Council of the City of La Quinta, California, DOES HEREBY FIND AND ORDAIN as follows: SECTION 1. Local climate conditions particularly including extreme range of temperatures and proximity to active geological areas are hereby found to require certain revisions to the State approved Uniform Building Code. SECTION 2. ADOPTION OF BUILDING AND CONSTRUCTION REGULATIONS. There is hereby adopted, an amendment attached hereto as Exhibit "A", to Title 8 of the La Quinta Municipal Code entitled 'Building and Construction" which is incorporated as fully as if set out ORDINANCE NO. 276 PAGE 2 at length herein, for the purpose of prescribing regulations governing conditions related to building and construction and activities including those certain documents specifically described in said Exhibit A, save and except certain specified portions which are hereinafter deleted, modified or amended within various Chapters of said Title 8, of which documents being adopted by reference copies are on file with the Building and Safety Department and the same are also hereby adopted and incorporated as fully as if set out at length herein. SECTION 3. VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Ordinance. Any person, firm, or corporation violating, or failing to comply with, any of the provisions of such Ordinance or Code shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of such Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500 or by imprisonment for not more than six (6) months or by both such fine and imprisonment. The application of the penalty provided in this Section shall not be held to prevent the abatement of prohibited conditions as a public nuisance as provided by Section 1.01.250 of the La Quinta Municipal Code. SECTION 4. VALIDITY. If any section, subsection, clause or phrase of this Ordinance, or of any code adopted thereby is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance or of any code adopted thereby. The City Council hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, and each code adopted hereby irrespective of the clauses or phrases being declared invalid. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 6. POSTING. The City Clerk shall, within fifteen (15) days after the passage of this Ordinance, cause it to be posted in at least the three public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the book of Ordinances of the City of La Quinta. - I -- - - --- ORDINANCE NO. 276 PAGE 3 PASSED, APPROVED and ADOPTED this 21 st day of November, 1995 by the following vote: AYES: Council Members Bangerter, Cathcart, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None -(I, IL- ) JOHN VPERA, Mayor City of La Quinta, California 0 SAUNDRA L JLTHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ii�,iyt� C "• �Ci (�l�L DAWN HONEYWELL, City Attorney City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 276 which was introduced on the 7th day of November, 1995 and was adopted at a regular meeting held on the 21 st day of November, 1995 not being less than 5 days after date of introduction thereof. I Bier certify that the foregoing ordinance was posted in three (3) places within the City of L4 Quinta as specified in a resolution of the City Council. v - v SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on December 14, 1995 pursuant to City Council 2� AUNDRA L. J OLA, City Clerk City of La Quinta, California EXHIBIT "A" Title 8 of the La Quinta Municipal Code, entitled 'Building and Construction," shall be amended as follows: 1. Section 8.01.010 shall be revised to change both references of "1991 Edition" to "1994 Edition" and reference to "Community Development Department" shall be revised to 'Building and Safety Department". 2. Section 8.01.020 shall be revised to change the reference to the "1991 Edition" to the "1994 Edition" Subsection B -reference to "301(b)(1)" shall be revised to "301.2" Subsection B.1 - reference to "Subsection B" shall be revised to "301.2.1.2" Subsection B.2 - reference to "Subsection E" shall be revised to "301.2.1.5" Subsection B.3 - reference to "Subsection K" shall be revised to "301.2.1.11" Subsection C. - reference to "304(b)" shall be revised to "304.2" Subsection D. - reference to "304(c)" shall be revised to "304.3" Subsection E - reference to "304(e)(2)" shall be revised to "304.5.2" and reference to "Table 3-F" shall be revised to "Table 3-11" Subsection F - reference to "305(h)" shall be revised to "305.8" and reference to "Table 3-E" shall be revised to "Table 3-11" Subsection K - reference to "Table 3-E" shall be revised to "Table 3-11" Subsection L - reference to "Table 3-F" shall be revised to "Table 3-G" Add the following to Subsections 8.01.020: W. Table No. 3-E (Elevator Permit Fees);" "N. Table No.3-F (Elevator Annual Certificates of Inspection Fees)" 3. Section 8.01.050 shall be revised to change "1991 Edition" to "1994 Edition. Reference to section "30l(b)" shall be revised to "301.2.1" 4. Section 8.01.060 shall be revised to change "1991 Edition" to "1994 Edition." Reference to section "301(a)" shall be revised to "301.1" Reference to "Subsection (b)" shall be revised to "301.2.1" 5. Section 8.02.010 shall be revised to read as follows: " 8.02.010 Adoption of the Uniform Building Code." Certain documents marked and designated as the " Uniform Building Code, 1994 Edition" Volumes 1, 2, and 3 including Appendix Chapter 4, Divisions II and III (Special Use and Occupancy), Chapter 9, (Basement Pipe Inlet), Chapter 12 Division II, (Sound Transmission Control), Chapter 15, (Reroofing), Chapter 30, (Elevators, Dumbwaiters, Escalators, and Moving Walks), Chapter 31 Divisions II and III (Special Construction), Chapter 33, (Excavation and Grading), Chapter 34, (Existing Structures), and Chapterl6, (Structural Forces), published by the International Conference of Building Officials are adopted for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance, of all buildings or structures. Each and all of the regulations, provisions, conditions and terms of such " Uniform Building Code, 1994 Edition", published by the International Conference of Building Officials, on file in the Building and Safety Department, are referred to and made part hereof as if fully set out in this chapter, except as otherwise provided in this chapter. 6. Section 8.02.020 shall be revised to read as follows: "8.02.020 Deletion of certain parts of the Uniform Building Code. The following portions of the Uniform Building Code, 1994 Edition are deleted: A. Chapter 1 (Administration) B. Tables 33-A (Grading Plan Review Fees) and 33-B (Grading Permit Fees)" 7. Section 8.02.030 shall be revised to change references to "1991 Edition" to "1994 Edition." References to Group "M" shall be revised to Group"U". 8. Section 8.02.040 shall be deleted in its entirety. 9. Section 8.02.060 shall be revised to change references to "1991 Edition" to "1994 Edition." Reference to Section "3802(a)" shall be revised to "904.2.1". Delete "(a)" at beginning of paragraph. Reference to Group "M" shall be revised to Group"U". 10. Section 8.02.080 reference to No. "32-7" shall be revised to "15-2". 11. Section 8.02.100 reference to Chapter 70" shall be revised to Chapter "33". A. Reference to section "7005" shall be revised to "3308". B. Reference to section "7006(a)" shall be revised to "3306.1". C. Delete entire section. D. Reference to section "7009" shall be revised to "3312", reference to "(d)" shall be revised to "3312.3", reference to "(e)" shall be revised to ""3312.4". E. Reference to Section "7010" shall be revised to "3313", reference to Section "7012" in subsection (g) shall be revised to "3315". F. Reference to subsection (a) of "7013" shall be revised to "3316.1". 12. Section 8.03.010 shall be revised to change "1990 Edition" references to "1993 Edition." 13. Section 8.04.010 shall be revised to change all references to "1991 Edition" and "1985 Edition" to "1994 Edition." 14. Section 8.04.020 shall be revised to change the reference to "1991 Edition" to "1994 Edition." 15. Section 8.05.010 shall be revised to change the reference to "1991 Edition" to "1994 Edition". Reference to "International Association of Plumbing and Mechanical Officials" shall be revised to " International Conference of Building Officials", reference to "Community Development Department" shall be revised to "Building and Safety Department". 16. Section 8.05.020 shall be revised to change references to "1988 Edition" to "1991 Edition.", subsection A shall be amended to read as follows: " A. Chapter 1 (Administration)" Subsection B. and C. are to be deleted in their entirety. 17. Section 8.06.010 shall be revised to change the references to "1991 Edition" to "1994 Edition". Reference to "Community Development Department" shall be revised to "Building and Safety Department". 18. Section 8.06.020 shall be revised to change the reference to "1988 Edition" to "1994 Edition". 19. Section 8.06.030 shall be revised to change the references to "1988 Edition" to "1994 Edition." 20. Section 8.07.010 shall be revised to change the reference to "1991 Edition" to "1994 Edition", reference to "Community Development Department" shall be revised to "Building and Safety Department". 21. Section 8.07.020 shall be revised to change the reference to "1988 Edition" to " 1994 Edition". 22. Section 8.08.010 shall be revised to read as follows: "Adoption of the Uniform Fire Code. Certain documents marked and designated as the "Uniform Fire Code, 1994 Edition," including all Appendices, with the exception of Appendix II-E, Hazardous Materials Management Plans and Hazardous Materials Inventory Statements, are adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. Each and all of the regulations, provisions, conditions and terms of such "Uniform Fire Code, 1994 Edition", published by the International Fire Code Institute, in cooperation with the International Conference of Building Officials, and the Western Fire Chiefs Association, on file in the City Clerk's office are referred to and made a part of this Code as if fully set out in this chapter, except as otherwise provided in this chapter." 23. Section 8.08.020 shall be revised to change the reference to "1985 Edition" to "1994 Edition". 24. Section 8.08.040 shall be revised to change the reference to "1985 Edition" to "1994 Edition", reference to section "2.302 (Board of Appeals)" shall be revised to "103.1.4 (Appeals)". 25. Section 8.08.050 shall be revised to change the reference to "1985 Edition" to "1994 Edition", reference to section "2.302 (Board of Appeals)" shall be revised to "103.1.4 (Appeals)". 26. Section 8.08.060 shall be revised to change the reference to section "4.101" to "105.8", reference to "48" shall be revised to %.10.", reference to "49" shall be revised to "a.6.". 27. Section 8.08.070 shall be revised to change the reference to "(d) of section 10.207" to "section 902.2.2.2", and reference to section "10.207" to "902.2". Reference to the "1985 Edition" shall be revised to "1994 Edition". Reference to "turf block" in the second line of the second paragraph shall be deleted. Section (m) shall be amended to read as follows: "902.5 Controlled Access. Whenever access into private property, other than an individual residence, is controlled through the use of gates, barriers, guard houses or other similar means, provisions shall be made to facilitate access by fire department apparatus in a manner approved by the Fire Chief. All controlled access devices that are power operated shall have a Knox Key Operated Switch over -ride system capable of opening the gate when activated by a special key located in emergency vehicles. Devices shall be equipped to facilitate opening in the event of a power failure. All controlled access devices that are not power operated shall be approved by the Fire Chief." 28. Section 8.08.080 shall be deleted. 29. Section 8.08.090 shall be revised to change the reference to "1985 Edition" to "1994 Edition", reference to section "(b) of 10.308" shall be revised to "1003.2", reference to " Group A, B, E, H, I, and R1" shall be revised to "Group A, B, E, F, H, I, M, S, and RP. 30. Section 8.08.100 shall be revised to change the reference to "1985 Edition" to "1994 Edition", reference to Section "30.311 shall be revised to "1004.2", reference to "Table No. 10.311" shall be revised to "Table No. 1004-A", reference to subsection "(f) of 10.311" shall be revised to "1004.6". 31. Section 8.08.110 shall be deleted. 32. Section 8.08.120 shall be revised to change the reference to "1985 Edition" to "1994 Edition", reference to Section "85.107" shall be revised to "8507". 33. Section 8.08.130 shall be deleted. 34. Section 8.09.010 shall be revised to change the reference to "1988 Edition" to "1994 Edition", reference to "Community Development Department" shall be revised to "Building and Safety Department". 35. Section 8.09.020 shall be revised to change the reference to "1988 Edition" to "1994 Edition". 36. Section 8.09.030 shall be revised to change the reference to "1988 Edition" to "1994 Edition". 37. Section 8.09.050 shall be revised to change the reference to "1988 Edition" to "1994 Edition", reference to Section "1101(b)(5)" is revised to "1101.2.5.", reference to Section " 1201(a)" is revised to " 120 1. 1 ". 38. Section 8.10.010 shall be revised to change the reference to "1988 Edition" to "1994 Edition", reference to "Community Development Department" shall be revised to "Building and Safety Department". 39. Section 8.10.020 shall be revised to change the reference to "1988 Edition" to "1994 Edition". 40. Section 8.10.030 shall be revised to change the reference to "1988 Edition" to "1994 Edition". 41. Section 8.10.050 shall be revised to change the reference to "1988 Edition" to "1994 Edition", reference to "401(b)(5)" in Section A shall be revised to "401.2.5.", reference to Section "501(a)" in Section B shall be revised to "501.1".