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Home My WebLink AboutNS-2085 - Amending General Provisions of Ch. 8 of Municipal CodeORDINANCE NO. NS-2085 REL:mb(16) 5/11/90 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE GENERAL PROVISIONS OF CHAPTER 8 OF THE MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 8-1 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-1. Enforcement of state building standards. In any case where the city, or any agency or department thereof, is mandated by state law to enforce a building standard contained in the State Building Standards Code, such state code provision shall prevail over any inconsistent provision contained in any uniform or national code which has been incorporated by reference into this chapter. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 8-3, which said section reads as follows: Sec. 8-3. Building official. Whenever in any provision in this chapter, or in any uniform or national code incorporated by reference into this chapter, reference is made to the building official, such reference shall be taken to mean the executive director of planning and building safety or such employee within the planning and building agency of the city as is designated by the said executive director to act in such capacity. SECTION 3: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 8-4, which sa.id section reads as follows: Sec. 8-4. Board of Appeals. (a) The Uniform Code Appeals Board established by section 2-450 of the Santa Ana Municipal Code shall have the power and be required to hear appeals regarding the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the various codes included in this chapter; provided, however, such board shall have no authority to interpret the administrative or procedural provisions of such codes nor to waive the requirements of such codes. 712 ORDINANCE NO. NS- 2085 PAGE TWO (b) The building official shall be entitled to attend all meetings of the Uniform Code Appeals Board and to present such evidence and argument as he or she deems appropriate with regard to any matter heard by the board. The building official shall be responsible for arranging meetings of the board and assuring that records of the boards proceedings are maintained. SECTION 4: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 8-5, which said section reads as follows: Sec. 8-5. Fees. Fees and charges for permits, plan review, inspections, reinspections and investigations under the codes included in this chapter shall be established and regulated by resolu- tion of the city council. SECTION 5: That the Santa Ana Municipal Code amended by adding a section, to be numbered 8-20, section reads as follows: is hereby which said Sec. 8-20. Fences required for swimming pools, ponds, and other bodies of water. (a) Except as provided in subsection (b) of this section every swimming pool, pond or other body of water eighteen (18) inches or more in depth at any point shall be surrounded by a fence or wall not less than five(5) feet above the adjacent exterior grade. Such fence or wall shall be constructed and maintained with no openings nor projections which could serve as a means to scale the fence or wall. Openings between vertical members shall be no wider than four (4) inches and horizontal members, accessible from the exterior, shall be no closer than forty-eight (48) inches. Openings for gates or doors through such enclosure shall not exceed forty-eight (48) inches in width. Each gate or door shall be self-closing and self-latching with release five (5) feet above exterior grade or so 713 ORDINANCE NO. NS- 2085 PAGE THREE located on the water side as to prevent release from the exterior. Exception No. 1: Doors opening into dwelling units. Exception No. 2: subject to approval by the building official, municipal or public school operated pools or ponds when under continuous supervision while gates or doors are unlocked. For occupancies classified as RI in the Building Code, the fence or walls shall be so located as to allow access to all living units without entering the pool enclosure. The fence or walls shall serve to isolate the pool from other activities or structures and shall be located within fifty (50) feet of the pool. Gates in such enclosures shall be located in view of the pool. A building wall with no doors may be used as part of such pool enclosures when within the specified distance of the pool. Exception: When approved by the building official, such enclosures may include sunshade, toilet, or shower structures which are used only in conjunction with the pool. (b) Subsection (a) of this section shall not apply to any man-made pond or lake which is designed, constructed, and maintained to conform to all of the following standards: The maximum water depth of the pond or lake shall not exceed eighteen (18) inches at any place within four (4) feet of the bank (Bank shall mean the edge of the water or any point adjacent to or under a bridge, dock, or similar structure or feature which provides access to the water). From a point four (4) feet from the bank, the water depth may increase at a maximum slope of one (1) inch for every (8) inches of horizontal distance away from the bank The bottom shall be surfaced within fifteen (15) feet of the bank with concrete, asphalt, soil cement, or other material approved by the building official. ORDINANCE NO. NS- 2085 PAGE FOUR The open areas surrounding the pond or lake within a distance of twenty (20) feet from the bank shall not increase in grade at a slope greater than one (1) inch for every eight (8) inches of horizontal distance away from the bank. Exception: Isolated landscape features such as boulders, mounds, tree wells are not regulated in the twenty (20) foot area. The drainage, water level, and overflow system shall be designed with a secondary water level control which will automatically function to maintain water levels and depths within the limits of these standards in the event of failure or stoppage of the primary control. The design of such system shall be submitted to and receive approval of the executive director of public works and the building official prior to beginning of construction. SECTION 6: That the Santa Ana Municipal Code amended by adding a section, to be numbered 8-21, section reads as follows: is hereby which said Sec. 8-21. Abandoned pools. Pools which are to be abandoned shall be filled solid with granular material to prevent flotation and capped with soil, sand, concrete, or asphalt paving material. The pool wall must be perforated with suffi- cient openings to permit infiltration and exfiltration of ground water. Ail connections to water supply or drains must be capped in accordance with applicable codes. All electrical connections are to be terminated or disconnected in accordance with the electrical code. SECTION 7: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 8-22, which said section reads as follows: Sec. 8-22. Location of mechanical equipment. When located outside of a building, no comfort cooling equipment, mechanical absorption equipment, compressor, pump, pool heater and associated equipment shall be located between a building wall and a side property line. 715 ORDINANCE NO. NS-2085 PAGE FIVE SECTION 8: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sent- ence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconsti- tutional. SECTION 9: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder apper- taining shall continue in full force and effect. ADOPTED this ]Tth day of September , 1990. ATTEST: Janice C. Guy Clerk o2 the Council COUNCILMEMBERS: Young Aye Acosta ---~ye Griset ~ye May McGuigan ~ Norton Aye Pulido Aye APPROVED AS TO FORM: City Attorney