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HomeMy WebLinkAbout75C - PH CONSTRUCTION CODESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 5, 2007 TITLE: PUBLIC HEARING - RESOLUTION AND ORDINANCE ADOPTING BY REFERENCE VARIOUS CONSTRUCTION CODES WITH AMENDMENTS AND APPENDICES ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution of the City Council of the City of Santa Ana setting forth findings for required amendments, modifications and changes with respect to local climatic, geographical and topographical conditions within the City of Santa Ana to the California Building, Electrical, Mechanical, Plumbing, and Fire Codes as amended by the State of California. 2. Adopt an ordinance amending Chapter 8 and 14 of the Santa Ana Municipal Code adopting the State Building Regulations, including the 2006 International Property Maintenance Code, the 2006 Uniform Swimming Pool, Spa and Hot Tub Code and the 2006 Uniform Solar Energy Code, and certain modifications and changes with respect to local climatic, geographical and topographical conditions within the City of Santa Ana to the California Building, Electrical, Mechanical, Plumbing, and Fire Codes as amended by the State of California. DISCUSSION The State's Health and Safety Code (Section 17958) mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24 California Code of Regulations) every three (3) years. The 2007 Edition of the California Code of Regulations Title 24, which incorporates the model codes, becomes effective statewide on January 1, 2008. The Ordinance would amend Santa Ana Municipal Code Sections by repealing references to the prior editions of the Construction Codes. 75C-1 Resolution and Ordinance Adopting Various Construction Codes November 5, 2007 Page 2 The construction codes proposed for adoption by reference with amendments include the following: 2007 California Building Code 2007 California Electrical Code 2007 California Mechanical Code 2007 California Plumbing Code 2007 California Fire Code 2007 California Existing Building Code 2006 International Property Maintenance Code 2006 Uniform Swimming Pool, Spa and Hot Tub Code 2006 Uniform Solar Energy Code The Planning & Building Agency and Fire Department are recommending that certain changes and modifications be made to the 2007 Editions of the California Building, Plumbing, Mechanical, Electrical, Fire, and Existing Building Codes that are reasonably necessary due to local conditions in the City of Santa Ana. Other modifications are of an administrative or procedural nature and concern themselves with subjects that are not covered by the Codes or are reasonably necessary to safeguard life and property within the City of Santa Ana. There are a total of 16 findings in the Resolution which address two to the Electrical Code, one to the Mechanical Code, seven to the Plumbing Code, and six to the Fire Code (see Exhibit 1). FISCAL IMPACT There is no fiscal impact associated with this action. ~--'-~ f ^-, .~'~ /L/ ~ 1 Jay _M. Trevino S eve W. Critchfi - Executive Director Interim Fire Ch' f Planning & Building Agency FH:rb Rb\reports\Construction Codes Ordinance 2008.cc 75C-2 LIST OF AMENDMENTS TO CALIFORNIA BUILDING STANDARDS CODE ~- 1 Plumbin Su ort of In-Ground Pi in Sec. 20 P . 16 2 Plumbin Su ort of Sus ended Horizontal Pi in Sec. 22 P . 16 3 Plumbin Seismic Su ort of Sus ended Horizontal Pi in Sec. 24 P . 17 4 Plumbin Protection A ainst Corrosion Sec. 26 P . 17 5 Plumbin Size of Meter &Buildin Su I Pi in Sec. 28 P . 18 6 Plumbin Increases Size of Buildin Su I Pi in Sec. 30 P . 19 7 Plumbin Grade, Su ort & Protection of Buildin Sewers Sec. 32 P . 19 8 Mechanical Prohibits Flex Duct for Eva orative Coolers Sec. 39 P . 22 9 Electrical Minimum Size of Aluminum Electrical Conductors Sec. 42 P . 23 10 Electrical Restricts NM Cable to Residential Occu ancies Sec. 44 P . 24 11 Fire U dated Definitions Sec. 51 P . 30 12 Fire Re uired Water Su I for Fire Protection Sec. 57 P . 37 13 Fire Installation of Fire S rinklers Sec. 61 P . 40 14 Fire Hi h-Rise Construction Sec. 63 P . 41 15 Fire Life safe S stem for Hi h-Rises Sec. 63 P . 42 16 Fire Hei ht definition for Hi h-Rises Sec. 63 P . 42 EXHIBIT 1 75C-3 RESOLUTION NO.2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF SANTA ANA WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA EXISTING BUILDING CODE, UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, UNIFORM SOLAR ENERGY CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, AND CALIFORNIA FIRE CODE AS AMENDED BY THE STATE OF CALIFORNIA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: LCP 11 /05/07 Section 1. The City Council hereby finds, determines, and declares as follows: A. Health and Safety Code Section 17958 provides that the City of Santa Ana shall adopt Ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922. B. The State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the Califomia Building Code, California Existing Building Code, the Califomia Plumbing Code, the Califomia Mechanical Code, and the California Electrical Code (hereinafter referred to collectively as "Codes"). C. Health and Safety Code Section 17958.5(a) permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geographic or topographic conditions. D. Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to the Codes, shall make an express finding that such changes or modifications are reasonably necessary because of local climatic, geographic or topographic conditions. Section 2: The Planning and Building Agency and the Fire Department have recommended that changes and modifications be made to the Codes and have advised that certain said changes and modifications to the California Building Code, 2007 Edition and 75C-4 the Califomia Plumbing Code, 2007 Edition and the California Mechanical Code, 2007 Edition, the California Electrical Code, 2007 Edition, and the California Existing Building Code, 2007 Edition are reasonably necessary due to local conditions in the City of Santa Ana. Section 3. Amendments to Sections 314.3, 314.7, 609.3.1, 610.8, 718.1, and Tables 3-2 and 6-6 of the 2007 Edition of the California Plumbing Code as recommended by the Planning and Building Agency are hereby found to be reasonably necessary due to the following local conditions: A. The topography of the City of Santa Ana is near sea level. This is problematic for long distance drainage as proper drainage requires a minimum of a one percent (1 %) downhill grade. Amendments to the California Plumbing Code are necessary to provide soil compaction guidelines so that installation of the drain line is well supported and prevents the failure or sagging of the drain lines due to the short range of elevation between the topographical surface of the City and the topographic surface level and location of the sewage treatment plant that the drains must reach. As a result, a certification by a registered soils engineer is necessary because there must be specific guidelines for compaction or there is a potential risk of the system's failure to drain properly. B. The City of Santa Ana is in close proximity to major active fault systems in Southern California. This area has been designated as the highest seismic risk zone in the hierarchy that rates the potential risk for seismic activity by geographical areas. As a result, amendments to the Plumbing Code are necessary because of the significant potential for damage due to seismic activity. Cast iron is deemed unsafe in light of the seismic zone because of its weight and flexibility. In addition, plastic and other nonmetallic types of piping are susceptible to fracture, joint weakening and potential failure during seismic activity. Therefore, amendments to the Plumbing Code have been made so that all suspended piping is to be braced to prevent movement or pipe failure. C. The City of Santa Ana soil is of a caustic chemical composition such that pipes subject to contact with the soil are susceptible to corrosion potentially causing damage or failure. In addition, nonmetallic piping, and particularly plastic or other materials may leach caustic chemicals into the water supply. In addition, throughout the City of Santa Ana varied soil conditions exist, resulting in acidic soil conditions. Therefore, amendments to the Plumbing Code are necessary to provide additional safeguards against corrosion of the piping materials that are necessary to maintain a properly functioning plumbing system. D. The City of Santa Ana is located in an area of low rainfall, seasonal hot, dry winds, and hot, dry summer climatic conditions. These conditions cause multiple water sources to be accessed concurrently by the same user. Amendments to the Plumbing Code are necessary to assure and adequate water supply for common domestic water demands, including landscape irrigation needs. 75C-5 E. The City of Santa Ana has an excessively flat-graded drain system. The City's sewer system in many areas is relatively shallow. This has precluded the design and installation of drainage systems within the code recommended grades. Additionally, many areas of Santa Ana have a high water table which results in an unstable soil condition. Pipe settlement due to uncompacted soil may result in a drainage system which is flat or reverse graded, causing stoppages or complete blockage of the drainage system. Amendments to the Plumbing Code are necessary to prevent stoppages or complete blockage of the drainage system. Section 4. Amendments to Section 602.1 of the 2007 Edition of the California Mechanical Code as recommended by the Planning and Building Agency are hereby found to be reasonably necessary because of corrosion related to the high seasonal humidity in this coastal area and the City of Santa Ana which prevents moisture collecting in flexible ducting of evaporative cooling systems from draining and evaporating. Said conditions contribute to the deterioration of the ductwork thereby endangering a person's health and the environment. Amendments to the California Mechanical code are necessary to prevent said deterioration. Section 5. Amendments to Sections 110-5 and 336-5 of the 2007 Edition of the California Electrical Code as recommended by the Planning and Building Agency are hereby found to be reasonably necessary because the City of Santa Ana is in close proximity to major active fault systems in Southern California. This area has been designated as the highest seismic risk zone in the hierarchy that rates the potential risk for seismic activity by geographical areas. As such, there is a likelihood that certain conductors will have a propensity to work loose from their connection potentially precipitating a fire during seismic activity. Moreover, certain cables do not provide the degree of protections that is needed in the vent of an earthquake. Amendments to the California Electrical Code are necessary to address the risk of fire due to such causes and to assure that adequate protection is provided in the workplace and in other places of public gathering. Section 6. Amendments to Sections 202, 508, 903, 907, 907.2.12, and 907.9.3 the 2007 Edition of the California Fire Code as recommended by the Fire Department are hereby found to be reasonably necessary due to the following local conditions: A. The City of Santa Ana exhibits the climatic and geographic conditions of high winds and low humidity. This combination of conditions creates an environment that is conducive to rapidly spreading fire. Control of such fire requires rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene. B. The City of Santa Ana is located in an area that has been designated as the highest seismic risk zone in the hierarchy that rates the potential risk for seismic activity by geographical areas. The viability of the public water system would be 75C-6 questionable after a large earthquake leaving tall buildings vulnerable to uncontrolled fires and the inability to pump sufficient quantities of water to upper floors. Amendments to the California Fire Code are necessary to address these obstacles. C. The City of Santa Ana is a city with ahigh-density population. A high- density population coupled with high winds and low humidity may be conducive to the rapid spread of even small fires originating in high density housing therefore creating a need for increased fire protection. Amendments to the California Fire Code are necessary to provide for increased fire protection. D. The City of Santa Ana is 27 square miles with a population in excess of 350,000 and extensive traffic congestion. Depending on time of day and climatic conditions, response times may be impacted. Therefore, amendments to the California Fire Code are necessary to provide increased fire protection to occupants and property. Section 7. Amendments to the 2007 Edition of the California Codes are found reasonably necessary based on the climatic, topographical, and/or geographic conditions cited in the above sections of this Resolution and are listed as follows: Code Section Findin sin Section CPC 314.3 3A CPC 314.7 36 CPC Table 3-2 36 CPC 609.3.1 3B, 3C CPC 610.8 3D CPC Table 6~ 3D CPC 718.1 3E CMC 602.1 4 CEC 110-5 5 CEC 336-5 5 CFC 202 6A, 6B CFC 508 6A, 6C CFC 903 6D CFC 907 6A, 6B CFC 907.2.12 6A, 6B CFC 907.9.3 6A, 6B Section 8. The aforementioned amendments have been incorporated in detail in Ordinance NS- Section 9. Additional amendments have been made to the relevant California Building Code, Electrical Code, Plumbing Code, Mechanical Code, Existing Building Code and Fire Code and the relevant Uniform Swimming Pool, Spa and Hot Tub Code and Uniform Solar Code and International Property Maintenance Code. On the recommendation of the Planning and Building Agency and the Fire Department, such amendments are hereby found to be either administrative or procedural in nature or 75C-7 concern themselves with subjects not covered in the aforementioned Codes. The changes made include provisions making each of said Codes compatible with other Codes enforced by the City. Section 10. The City Council of the City of Santa Ana hereby approves and authorizes the Planning and Building Agency and the Fire Department to file copies of Resolution 07- and Ordinance NS- with the California Building Standards Commission as required by Health and Safety Code Section 17958.7. Section 11. This Resolution shall take effect from and after its adoption. ADOPTED this day of November 2007. Miguel Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Lorena C. Penaloza Assistant City Attorney AYES: Council members NOES: Council members ABSTAIN: Council members NOT PRESENT: Council members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on November 5, 2007. Date: Clerk of the Council City of Santa Ana 75C-8 LC P 11 /5/07 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THERETO THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA EXISTING BUILDING CODE, UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, UNIFORM SOLAR ENERGY CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, AND CALIFORNIA FIRE CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: That section 8-3 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-3. Building Official or Administrative Authority. Whenever a reference is made to the Building Official or Administrative Authority in any provision in this chapter, or in any California, uniform or national code incorporated by reference into this chapter, such reference shall be taken to mean the Executive Director of Planning and Building Safety B~v~le; ~°~o°^~~ 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 2: That section 8-20 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): 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, holes, or gaps in the enclosure, doors, and/or gates shall not allow the passage of a (4)-inch Ordinance No. NS-XXXX Page 1 of 48 75C-9 diameter sphere 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 the release five (5) feet above exterior grade or so located on the water side as to prevent release from the exterior. Exception No. 7: Doors opening into a single detached dwelling unit. Exception No. 2: Subject to approval by the Building Official, pool(s) or pond(s) operated by the municipality or public school(s) that are under continuous supervision while the gate(s) or door(s) that provide access to the pool(s) or pond(s) are unlocked. For occupancies classified as R1, R2, R3, R3.1, and R4 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 or openable windows 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 manmade pond or lake, which is designed, constructed, and maintained to conform to all of the following standards: (1) 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.) (2) From a point four (4) feet from the bank, the water depth may increase at a maximum slope of one (1) inch for every eight (8) inches of horizontal distance away from the bank. (3) 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. (4) 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 Ordinance No. NS-XXXX Page 2 of 48 75C-10 away from the bank. Exception: Isolated landscape features such as boulders, mounds, and tree wells are not regulated in the twenty-foot area. (5) 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 3: That section 8-43 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-43. Adoption by reference. There is adopted by the city that certain code known as the California Building Code, 2007- Edition based on the 2006 International Building Code as published by the International Code Council, (hereinafter referred to in this article as the "Building Code," "building code," "California Building Code," or "Uniform Building Code"), consisting of "Volume 1",~d~+ai~~t;ati~e~~Te-an~L~f~`~ +~^~~~ ~^ ^°~t;o.; ," "Volume 2" and the 2007 California Existing Building Cod , S~a~da~-ds"e#-~f~° "~T~~~a ~~~~A9~-€d+tier~ (together with subsequent supplements or amendments to any Volume, each of which shall become effective, adopted, and incorporated by reference into the Santa Ana Municipal Code on the date specified by the State Building Standards Commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the City of Santa Ana pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Building Code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the Building Code set forth in this chapter of the Santa Ana Municipal Code that specifically amends the Building Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended apre-2007 Edition of the "Building Code" shall also be construed as amending the applicable provision of the 2007 or later Edition of the Building Code. The Building Code, as thus amended, together with all other provisions of this article, shall be known as the City of Santa Ana Building Code. ~aAppendix Cshaptere 1 and di~is+eee-e# other appendixcies sk1°~ which are adopted pursuant to this section, are as follow: Volume I I Adr~+n isfrati~e; -Eire-ani~f~-~~ ~,~; ~~pes" ~~~~ Ordinance No. NS-XXXX Page 3 of 48 75C-11 Appendix Chapter ~1 ~~+^o ;--~~~~~~ +ee~ Administration, except Section 105.1.1 and 105.1.1. (a) Section 105.3.2 is amended to read as a follows: Sec. 105.3.2. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 davs after the date of filing, unless such application has been pursued in good faith or the permit has been issued; except that the Building Official may extend the time for action by the applicant for a period not exceeding one hundred and eighty (180) davs upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration the applicant shall resubmit plans and pay a new plan review fee. (b) Section 106.3 is amended to read as follows: Sec. 106.3 Examination of documents. The buildina official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. When submittal documents are required by section 106.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fees are separate fees from the permit fees specified in the section 108.2 and are in addition to the permit fees. Said plan review fee shall be set forth in the City Council Fee Resolution. Appendix I ~~ia~e~3ABao;~~Ts;;, n~~;~ Appendix J~#apter~1--L-Div-isi4^~R', ~~~;+~V~+;~~ ~flen~i~ha~ter 12-z;,,;~;,... ~ n;.,,~,^., ~~ ~ Ordinance No. NS-XXXX Page 4 of 48 75C-12 rli~iioi^n 11 cvnon +inn Con+ inn '2 /I 'I ~. i ~ u u e f o . ~ e ' ' ' ' ' n T i~iioinn i ~+hl° 2~I II °vn°n+inn e ~ I Q 1 7C. +h rn~ ~ Con+i^n 2 i1 ~rh 2/I I Q ~ ~nrl SECTION 4: That section 8-94 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-94. Permits required (Appendix Chapter 1, Section 105 `~^'~,w,^ ~ C^n+i.,n a-98-x) . Section 105.1 4~~of Appendix Chapter 1 ~- of the building code is amended to read as follows: 105.1 4~~ Permits required. Except as specified in Section 105.2 ~-A6 of this section, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, demolished or maintained unless a separate permit for each building or structure has first been obtained from the building official. SECTION 5: That section 8-95 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-95. Exempted work (Appendix Chapter 1, Section 105.2 , a-8~-2). Section 105.2 a-A~ of Appendix Chapter 1 `~^'~ of the building code is amended by adding the following exception to item 2 therein: Exception: A permit shall be required for any fence required by section 8- 20 of the Santa Ana Municipal Code, pertaining to fences required for swimming pools, ponds or other bodies of water. Ordinance No. NS-XXXX Page 5 of 48 75C-13 SECTION 6: That section 8-99 of the Santa Ana Municipal Code is hereby deleted in its entirety (deleted language in strikeout for tracking purposes only): Sec. 8-99. Reserved. F~~{~/^''vrc~'m~t, ~C'bl'^" 'Il17 ~nrl T~hlo AI^ 'I ~\ SECTION 7: That section 8-112 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-112. Certificate of occupancy (Appendix Chapter 1, Section 110 ""^'~-v.cm~cT )~ Section 110~A9 of Appendix Chapter 1 ~e'~T of the building code is amended to read as follows: Section 110a-9S --Certificate of Occupancy a-9S 110.1 Use and occupancy. (1) No newly constructed building or structure shall be used or occupied, and no change in the existing occupancy classification of an existing building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided herein. EXCEPTION: Group R, Division 3 and Group U Occupancies. (2) No alteration to an existing building which changes the floor area of the building or which changes the exits from the building shall be made until the building official has issued a certificate of occupancy therefor as provided herein. (3) No change of occupant within a building or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. EXCEPTION: Group R, Divisions 1 and 3, and Group U Occupancies. (4) No building or structure shall be connected with utility services, nor shall a building or structure whose electrical service has been disconnected be reconnected with electrical service until an inspection has been made and the building official has determined that the building does not constitute an unsafe building. Ordinance No. NS-XXXX Page 6 of 48 75C-14 (5) Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. a-8S 110.2 Change in use. Changes in the character or use of a building shall not be made except as specified in Section of this code. x-99 110.3 Certificate issued. After the building official inspects the building or structure or the portion thereof which is the subject of a change of owner or occupant and finds no violations of the provisions of this code or other laws which are enforced by the code enforcement agency, the building official shall issue a certificate of occupancy which shall contain the following: The building permit number, if applicable. 2. The address of the building. 3. The name and address of the owner or occupant, as appropriate. 4. A description of that portion of the building for which the certificate is issued. 5. A statement that the described portion of the building has been inspected for compliance with the requirements of this code for the group and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 7. Such additional information as the building official may determine to be appropriate. 8. The use and occupancy in accordance with the provisions of Chapter 3 9. The type of construction as defined in Chapter 6. 10. The design occupancy load. 11. If an automatic sprinkler system is provided a statement indicating whether the sprinkler system is required. 12. Any special stipulations and conditions for the building permit a-A9 110.4 Temporary certificate. If the building official finds that no Ordinance No. NS-XXXX Page 7 of 48 75C-15 substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a temporary certificate of occupancy may be issued for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. The Building Official shall set a time period during which the Temporary Certificate of Occupancy is valid. a-A9 110.5 Posting. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official. -a-A9 110.6 Revocation. The building official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this code whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. a-A~ 110.7 Inspections. It shall be the responsibility of the owner or occupant whose action makes necessary the issuance of a certificate of occupancy pursuant to this section to apply to the building official for the inspection of the building or structure or portion thereof as necessary to obtain such certificate. Each application shall be accompanied by the payment of a nonrefundable application processing fee and an inspection fee, which shall be refunded if an inspection proves to be unnecessary, in such amounts as shall be established by resolution of the city council. The building official and the executive director of finance and management services shall establish procedures and forms to implement this subsection. x-99 110.8 Prohibition against falsification. No person shall alter or reproduce a certificate of occupancy for the purpose of circumventing the requirements of this section. SECTION 8: That section 8-113 of the Santa Ana Municipal Code is hereby deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): Sec.8-113. Reserved. SECTION 9: That section 8-114 of the Santa Ana Municipal Code is hereby deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): Ordinance No. NS-XXXX Page 8 of 48 75C-16 Sec 8-114. Reserved. 'I 'I r nr CAA1 In rl'}inn 4 n} o ~+nnlin.+hlo r i sir of +hoe~n .. P1~I~A,~-,~~-~.T~r,,,~--rrrad~,i~~e~zh~r eg~er~er-~#s~~ _ The~llowi~ -sfrus~ares ~arh l~classifie~as~ i 'T r i~ ~p ~l inn ~.,II ~ . g ,,, , g, - , ~ ~,,,T, e ~ ~ l~~+ildinge where all-#aoers afae~e~he^55~fee~1~-?11Tnrr~~ ~~el-er ~ ~c~ nvnl~ ~~i~ioly .tee nnnn n.~rLinn ~}r~ ~n+i ~roc• ~~ ~~+Idin s-such ae- ewer l~aefs~aea~~u * *~er i a + h d g ~ ~ z ~~ e ep es, gTa r~-- o~s~-~„ SECTION 10: That section 8-115 of the Santa Ana Municipal Code is hereby deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): Sec 8-115. Reserved. . 'nn.~inrl ~~ii+hin C. foof /'1 ~.7i1 mm\ of n~+nh ~ioc4ih~ Flo on+ni ----'- \ / Ordinance No. NS-XXXX Page 9 of 48 75C-17 of ~~ ~nh r~r°eei ~ri~°rl °vi4 °r~nln~~ ~r°~ SECTION 11: That section 8-116 of the Santa Ana Municipal Code is hereby deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-116. Reserved. T°h'° ~ ~ e -A6~~IR~41~ ~ ~ ~N ~I~F ~F A-1- ~ ~ - - - - - - - A-4 ~ ~ ~ ~ ~ ~ ~ ~ ~-} ~ ~ ~ ~ ~ ~ O ~ O J~ A A A ~4 - - - - - u~~ ~z_.~ _~ a ~ A ~ ~ ~ ~ ~ ~ ~ ~ ~--3 A ~ ~} - ~{~} - - $ - A.4 ~ ~ ~ ~ ~} G ~} O Ordinance No. NS-XXXX Page 10 of 48 75C-18 -~!f~61-iRA~A~GX ~ ~ ~ ~ ~F ~ ~ a--I#F~ ~ a--F~I~ # #~ a-1#F~ ~ ~ ~ ~ ~ ~ ~ ~ ~-3 ~ ~ ~ ~ ~ ~ G ~ O ~~-3 ~ ~ ~ ~ ~1-~ ~ ${~~ ${~; ~ ~-5 ~ ~ ~ ~ ~ ~ ~ ~ ~-4 ~ ~ ~ ~ - - - - - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i i i t h ~\ ^~ r^ ~ a ~ e ro ~ m r~ m ~ i m of ~CitP T p -i~e t-~a,~,d-yi rrcr~ ~~~ Tm cr cT~~--Ct 0 u s , a r u a ~a ~r SECTION 12: That section 8-130 of the Santa Ana Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-130. Reserved. ~' Ordinance No. NS-XXXX Page 11 of 48 75C-19 The Qi ~ilrlinn (lffini.~l rv~.~., rc.,nLo env ~noni~l innr~e n+nr~c norfifin~+o .,f rerrin+r~+inn ~ ~.,h., ~~ e~~e~ es e6ter~shew hie ne~fin~+~~~ r.isic+ n n ktlYtFtt ~ p - A h ebl I ~ n 9t~e~evsl~ed - Q ° i I aTe co-a ea{~ a+ S av h h ear•A ~ r v r h ° ^° n i ~ I i r~ c rye n+n r m ~+., i u~r . ~~ r-. ~ r i-r r ~ pT- SECTION 13: That section 8-131 of the Santa Ana Municipal Code is deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): Sec.8-131. Reserved. €,X~€P~I~Pl~faen-~#+~Ied- r+•,o~ h., +ho R~~ilrJin SECTION 14: That section 8-132 of the Santa Ana Municipal Code is deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-132. Reserved. Sestien ' °'~~ Ordinance No. NS-XXXX Page 12 of 48 75C-20 1-9~~1-~1-v r7u~F'Fi~-n ~~ ~~i ~~ n+~fv[7~iT •~• i n n n r~ nnmr~nnon4e ~h~~ rcc~ic~~ ooi~min fnrno~ ~h~ll nnnfnrm fn Oho rorr~ ~iromen4c. of ~`~4inn '177 ovnon4 ~c~ mnrlifior! by 4hi~+ con~inn rr.T-~--rvr~cicvcp~c-cru-i~-rvar~cv--rte rZrnv~cvavrr. 19~.1~3 ~~?FSf~1+6z8~~ ~, ''~ °nrl ~, d+rrci6'tttrai nl~in nnnnrCtV~ie~ve~c "r° eet-pe~rrtfa~il~ing~s I~aie~;Tr-Sei~rr~i6~or~i, ^^^' SECTION 15: That section 8-150 of the Santa Ana Municipal Code is hereby amended to read as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-150. Fire protection requirements (Volume 24, Section 3403.1348-~). The first paragraph of Section 3403.1 of X493-~ the building code is amended by adding thereto the following: EXCEPTION: If additions, alterations or repairs made to any building constructed prior to January 1, 1946, other than an R-occupancy building, exceed fifty thousand dollars ($50,000.00) in cost in any one-year period, then either (A) the entire building must be completely sprinklered in accordance with fire department standards, or (B) the building must comply with all the following requirements: The ceiling of a roof system shall be of one-hour construction, and all ceiling or wall penetrations shall have approved fire dampers. 2. All stairways shall be completely enclosed with one-hour construction to exits; and enclosed stairways or required exits shall lead directly to the outside of the building. Ordinance No. NS-XXXX Page 13 of 48 75C-21 3. Draft stops are required in floors in accordance with Section 708.3. In attic areas, one-hour walls shall be required for every one thousand (1,000) square feet of area. 4. Smoke detectors with an alarm system, receiving their primary power from the building wiring, shall be required throughout the building in accordance with NFPA standards. 5. Either (a) corridors, regardless of occupant load, shall be one-hour construction; or (b) a "life safety" sprinkler system, as approved by the fire department, shall be installed in all corridors. SECTION 16: The City Council of the City of Santa Ana hereby finds, determines and declares that amendments to section 8-290 are necessary because the water table is less than eight (8) feet deep in certain areas of the City of Santa Ana. Gray water implementation may cause cross-contamination of ground water with untreated wastewater from gray water systems, thereby contaminating underground potable water sources. SECTION 17: That section 8-290 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-290. Adoption by reference. There is adopted by the city that certain code known as the California Plumbing Code, 20047 Edition, except Chapter 16, including the following appendices thereto: A, B, ~D, ~~o~~l and K, (hereinafter referred to in this article as the "Plumbing Code" or "plumbing code"), together with subsequent supplements or amendments, which shall become effective, adopted and incorporated by reference into the Santa Ana Municipal Code on the date specified by the State Building Standards Commission, unless otherwise specified, of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the City of Santa Ana pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Plumbing Code is adopted and incorporated by reference as fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the Plumbing Code set forth in this Chapter of the Santa Ana Municipal Code that specifically amend the Plumbing Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended apre-20047 Edition of the "Plumbing Code" shall also be construed as amending the applicable provision of the 20047 or later Edition of the Plumbing Code. The Plumbing Code as amended, together with all other provisions of this article, shall be known as the City of Santa Ana Plumbing Code. Ordinance No. NS-XXXX 75C-22 Page 14 of 48 SECTION 18: That section 8-301 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-301. aAuthority Having Jurisdiction (Section 203.0 4$2~). Section 203.0 '. ~ of the plumbing code is amended to read as follows: Whenever the term "~~"~ini~4r~+i~ic aAuthority Having Jurisdiction" is used in this code, it shall be construed to mean the building official of the city or his authorized representative. SECTION 19: That section 8-308 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-308. Permit required (Appendix Chapter 1 Section 103.1.1). Appendix Chapter 1 Section 103.1.1 of the plumbing code is amended to read as follows: 103.1.1 Permits required. It shall be unlawful for any person, firm or corporation to install, remove, alter, repair, replace or maintain any plumbing system regulated by this code except as permitted in Section 103.1.2, or cause the same to be done, without first obtaining a separate permit to do such work from the authority having jurisdiction for each separate building or structure. SECTION 20: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-340 amending California Plumbing Code section 314.3 is necessary because the topography of the City of Santa Ana is near sea level. This is problematic for long distance drainage as proper drainage requires a minimum of a one percent (1 %) downhill grade. The amendment of section 8-340 provides soil compaction guidelines so that installation of the drain line is well supported and prevents the failure or sagging of the drain lines due to the short range of elevation between the topographical surface of the City and the topographic surface level and location of the sewage treatment plant that the drains must reach. As a result, a certification by a registered soils engineer is necessary because there must be specific guidelines for compaction or there is a potential risk of the system's failure to drain properly. SECTION 2.1: That section of 8-340 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-340. Piping in the ground (California Plumbing Code Section 314.3). {Section]-314.3 of the Plumbing Code is amended to read as follows: Ordinance No. NS-XXXX 7 ~ A _~ ~ Page 15 of 48 314.3. Piping in the ground shall be laid on a firm bed for its entire length. Building drains, sewers and storm drain piping systems in the ground, and designed and approved at less than one (1) percent grade, shall be laid on a continuous firm bed, certified by a registered soils engineer as having a compaction level of not less than ninety (90) percent density. Where support is otherwise provided, it shall be acceptable to the ~"^'~;,;~c+,~~,~-Authority Having Jurisdiction. SECTION 22: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-341 amending California Plumbing Code section 314.7 is necessary to provide proper support for all horizontal piping, because of the significant potential for damage due to seismic activity. Cast iron is deemed unsafe in light of the seismic zone because of its weight and flexibility. Santa Ana is in close proximity to major active fault systems in Southern California. This area has been designated as the highest seismic risk zone in the hierarchy that rates the potential risk for seismic activity by geographical areas. As a result, a finding has been made that all suspended piping is to be braced to prevent movement or pipe failure. SECTION 23: That section 8-341 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-341. Horizontal piping (California Plumbing Code Section 314.7). Section 314.7 of the Plumbing Code is amended to read as follows: 314.7 All gas piping, horizontal cast iron drain, waste and vent piping, and all other suspended horizontal piping two and one-half (2 %2) inches and larger, shall be supported with approved rod and hangars. Exception: plumbers tape (perforated strap iron) may be used to support piping two (2) inches and smaller in type V (wood) construction only. Plumbers tape shall be galvanized and not less than three-fourths (3/4) inch wide and twenty two (22) gage. SECTION 24: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-342 amending California Plumbing Code Table 3-2 is necessary to provide proper support for all horizontal piping, because of the significant potential for damage due to seismic activity. Cast iron is deemed unsafe in light of the seismic zone because of its weight and flexibility. Santa Ana is in close proximity to major active fault systems in Southern California. This area has been designated as the highest seismic risk zone in the hierarchy that rates the potential risk for seismic activity by geographical areas. As a result, a finding has been made that all suspended piping is to be braced to prevent movement or pipe failure. Ordinance No. NS-XXXX 75C-24 Page 16 of 48 SECTION 25: That section 8-342 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-342. Suspended piping support (California Plumbing Code, Table 3-2). Table 3-2 of the plumbing code is amended by adding footnote 2 to the requirements for horizontal piping of all materials specified in Table 3-2 of the California Plumbing Code. SECTION 26: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-400 amending California Plumbing Code section 609.3.1 is necessary because of the caustic chemical composition of the soil in the City of Santa Ana, pipes subject to contact with the soil are susceptible to corrosion potentially causing damage or failure. In addition, nonmetallic piping, and particularly plastic or other materials may leach caustic chemicals into the water supply. Moreover, since Santa Ana is located in the highest seismic design categories, plastic and other nonmetallic types of piping are susceptible to fracture, joint weakening and potential failure during seismic activity. In addition, throughout the City of Santa Ana varied soil conditions exist, resulting in acidic soil conditions. It is determined that these additional safeguards against corrosion of the piping materials are necessary to maintain a properly functioning plumbing system. SECTION 27: That section 8-400 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-400. Water piping in buildings (California Plumbing Code Section 609.3.1). Section 609.3.1 of the Uniform Plumbing Code is amended to read as follows: 609.3.1 Nonmetallic and ferrous piping shall be prohibited; except that ferrous piping four (4) inches and larger may be used when protected against corrosion and installed in channels, tubes, or in a similar protective manner when approved by the °^'m~^~°+r'*~~~° Authority Having Jurisdiction. SECTION 28: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-401 amending California Plumbing Code section 610.8 using Table 6-6 is necessary because Santa Ana is located in an area of low rainfall and hot, dry summer climatic conditions. These conditions cause multiple water sources to be accessed concurrently by the same user. As a result, a 3/" water supply pipe may be insufficient to supply the water demanded in any given instance. SECTION 29: That section 8-401 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Ordinance No. NS-XXXX 75C-25 Page 17 of 48 Sec. 8-401. Building supply pipe (California Plumbing Code Section 610.8 using Table 6.~6). Section 610.8 of the Plumbing Code is amended to read as follows: 610.8 Size of meter and building supply pipe~.,using Table 6-~6. I!n^,.,i^^ +"° ~+~i.+il^hl° nr°~~~ ~r° •,+ +h° ~~~•+ier~rre~~r~--vT-vii Fe~ovur6°c-e~ e~ innl~i ~nrl n.£+°r 0 ~~h+r~+n+inn nn° h-+If /'I 1 ~{"~q'~-~n6~1~f2S~ ~nn° in ° of c~ ~nnl~i + ° hin h°c+ ~ei~for eF Trvc-err-21GiAF~-~~tW22~-Stl ~.~cr}PP'T ~~ ~,.~ p ~ ~nn~l~i n~ ~fle~n +h° hi ~ilrlinn nr nn +h~+° nrer~i~e~~~Cth " e~~JtItCPCa-~ 'e-'-~ ~+hin ~~ihinh +hi~~~~ ir° ~~iill f.~ll, d~~.~ at " ~} I^nn°r +h~n +h°"rY~pAl l,jr""'~c~nn~4 T}~nlln~~i rln~ l~f~-t~~ f~~ct~~c ~ ~ni+ ~i~l~ ~° " M ,'~'~•• IuQ~-+iv~i~~T~" `1ef" ~~Ta nn- cnc°-tC7tt~l~ 'izir"'rrv~-vf~° ~ ~ n i+~ r°n ~ ~ i r°~-1 h~ i +h ° ~ +.+Il.++inn ~+~iinn Inn~++ n fiv+~ ir° ~ ~ni+ ~i^I~ ~ r +h° r°ni ~ir°rl Iat'nGkh ~~17~77QS7VTr- CGG"~j7e~1T/CC'pT~QT7Tl~GTR'e~OTCfT'G , ~T~S n~fm~~~r ~nr! hi ~ilrlinn ci ~nnl~i nin° ~~iill h° fns ~n~,q° f~~in /`)~ I°f+ h~nrl ^^Io~~ The size of the meter and the building supply pipe shall be determined as follows: 1. Determine the available pressure at the water meter or other source of supply. 2. Subtract one-half (1/2) pound per square inch pressure (3.4 kPa) for each foot (305 mm) of difference in elevation between such source of supply and the highest water supply outlet in the building or on the premises. 3. Use the "pressure range" group within which this pressure will fall using Table 6-6. 4. Select the "length" column that is equal to or longer than the required length. 5. Follow down the column to a fixture unit value equal to or greater than the total number of fixture units required by the installation. 6. Having located the proper fixture unit value for the required length, sizes of meter and building supply pipe as found in the two left-hand columns shall be applied. No building supply pipe shall be less than three-quarters (3/4) inch (20 mm) in diameter. Each single family residential structure shall be served with a main water supply pipe of not less than one (1) inch I.D. Two (2) hose bibbs served by three-quarter (3/4) I.D. pipe or larger shall be provided; one serving the front yard and one serving the rear yard. SECTION 30: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-402 amending California Plumbing Code Table 6-6 is necessary because Santa Ana is located in a desert plain subject to seasonal hot, Ordinance No. NS-XXXX 75C-26 Page 18 of 48 dry winds. In order to assure an adequate water supply for common domestic water demand, in addition to landscape irrigation needs, it is determined that an increase from a 3/a" diameter pipe supply to an 1" diameter supply and two 3/a" diameter hose bibbs in the front and back yards for irrigation is justified. SECTION 31: That section 8-402 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-402. Building supply pipe (California Plumbing Code, Table 6-56) Table 6-56 of the Plumbing Code is amended by changing the triple asterisk footnote to read as follows: *'~'~ Building Supply- three-quarter (3/4) inch (20 mm) nominal size minimum, - 1" minimum diameter for each single-family residential structure. SECTION 32: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-405 amending California Plumbing Code section 718.1 is necessary because of problems which have arisen in excessively flat-graded drain systems. Santa Ana's sewer system in many areas is relatively shallow. This has precluded the design and installation of drainage systems within the code recommended grades. Additionally, many areas of Santa Ana have a high water table which results in an unstable soil condition. Pipe settlement due to uncompacted soil may result in a drainage system which is flat or reverse graded, causing stoppages or complete blockage of the drainage system. SECTION 33: That section 8-405 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-405. Grade, Support, and Protection of Building Sewers (Section 718.1). Section 718.1 of the California Plumbing Code is amended by adding the following paragraph thereto. Building sewer piping systems designed for grades of less than one (1) percent shall be designed by a registered civil engineer. The engineer shall be responsible for supervising the installation and shall certify in writing that the sewer installation is in compliance with the approved plan, relative to line and grade. SECTION 34: That section 8-556 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-556. Adoption by reference. Ordinance No. NS-XXXX Page 19 of 48 75C-27 There is adopted by the city that certain code known as the California Mechanical Code, 2007 Edition and with appendices A and C and code standards therein (hereinafter referred to in this article as the "California Mechanical Code" "Mechanical Code" or "mechanical code"), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into the Santa Ana Municipal Code on the date specified by the State Building Standards Commission, unless otherwise specified of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the City of Santa Ana pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Mechanical Code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the Mechanical Code set forth in this chapter of the Santa Ana Municipal Code that specifically amend the Mechanical Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended apre-2007 Edition of the "Mechanical Code" shall also be construed as amending the applicable provision of the 2007 or later Edition of the Mechanical Code. The Mechanical Code as amended, together with all other provisions of this article, shall be known as the City of Santa Ana Mechanical Code. SECTION 35: That section 8-557 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-557. Board of appeals (Appendix Chapter 1, Section 110). Section 110 of the mechanical code is deleted. SECTION 36: That section 8-558 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-558. Permits; required (Appendix Chapter 1, Section 112.1). Section 112.1 of the mechanical code is hereby amended to read as follows: It shall be unlawful for any person, firm or corporation to make any installations, alterations, repair, replacement or to remodel or maintain any mechanical system regulated by this code except as permitted in Section 112.2, or cause the same to be done without first obtaining a separate mechanical permit for each separate building or structure, each office suite, and each unit in a commercial or industrial building. SECTION 37: That section 8-559 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Ordinance No. NS-XXXX 75C-28 Page 20 of 48 Sec. 8-559. Violations and penalties (Appendix Chapter 1, Section 111.0). Appendix Chapter 1 Section 111.0 of the mechanical code is amended to read as follows: Any person violating any provision of the mechanical code shall be punished as provided in section 1-8 of the Santa Ana Municipal Code, and in addition, all procedures for the correction of illegal conditions shall apply. Each separate day or any portion thereof during which any violation of this code occurs or continues shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which is authorized is lawful. The issuance or granting of a permit or approval of plans shall not prevent the authority having jurisdiction from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on there under when in violation of this code or of any other ordinance or from revoking any certificate of approval when issued in error. SECTION 38: That section 8-560 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-560. Fees (Appendix Chapter 1, Section 115 and Table No. 1-1 ). Sections 115.1, 115.2, 115.3, 115.3.2, 115.5, 115.6, 115.6.1, 115.6.2, and 115.6.3, and Table No. 1-1 of the mechanical code are deleted SECTION 39: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-570 amending California Mechanical Code section 602.1 is necessary because of corrosion related to the high seasonal humidity in this coastal area which prevents moisture collecting in flexible ducting of evaporative cooling systems from draining and evaporating, contributing to the deterioration of the ductwork thereby endangering person's health and the environment. SECTION 40: That section 8-570 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Ordinance No. NS-XXXX Page 21 of 48 75C-29 Sec. 8-570. Ducts--Material (Section 602.1 ~~). Section 602.1 69-1-:-'t of the mechanical code is amended to read as follows: Sec. 602.1 ~~ Material. Supply air, return air and outside air for heating, cooling or evaporative cooling systems shall be conducted through duct systems constructed of metal as set forth in Tables Nos. 6-1, 6-2, 6-3, 6-4, 6-8, 6-9 or ;metal ducts complying with U.M.C. Standard No. 6-1 with prior approval; or factory-made air ducts complying with U.L. Standard No.181. Ducts, plenums and fittings may be constructed of asbestos cement, concrete, clay or ceramics when installed in the ground or in a concrete slab, provided the joints are tightly sealed. EXCEPTION: Supply air duct, on the discharge side of an evaporative cooler, shall be conducted through rigid metal ducts constructed as set forth in Tables Nos. 6-1, 6-2, 6-3, 6-4, 6-8, 6-9 ,and unless prohibited by structural conditions shall be graded in the direction of the supply outlet. Factory-made air ducts complying with U.L. Standard No. 181 shall be limited to installation in a vertical position only. Note: Vertical shall be defined as not more than forty-five (45) degrees from the vertical. SECTION 41: That section 8-667 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-667. Adoption by reference. There is adopted by the city that certain code known as the California Electrical Code 2007 Edition and the administrative provisions set forth herein, except Article 80 of the Electric Code, (hereinafter referred to in this article as the "Electrical Code") together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into the Santa Ana Municipal Code on the date specified by the State Building Standards Commission, unless specifically adopted prior to that date of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the City of Santa Ana pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Electrical Code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the Electrical Code set forth in this Chapter of the Santa Ana Municipal Code that specifically amend the Electrical Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended apre- 2007~ Edition of the "Electrical Code" shall also be construed as amending the applicable provision of the 2007 or later Edition of the Electrical Code. The Electrical Ordinance No. NS-XXXX 75C_30 Page 22 of 48 Code as amended, together with all other provisions of this article, shall be known as the City of Santa Ana Electrical Code. SECTION 42: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-815 amending California Electrical Code section 110-5 is necessary because earthquakes are a common occurrence in the local area, Santa Ana is located in the highest seismic design categories in the hierarchy that rates the potential risk for seismic activity by geographical areas. As such, there is a likelihood that conductors smaller than 4 AWG will have a propensity to work loose from their connection potentially precipitating a fire during seismic activity. It is therefore determined that said amendment is necessary to address the risk of fire due to such causes. SECTION 43: That section 8-815 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-815. Conductors (Section 110-5). Section 110-5 of the California Electrical Code is amended by adding a sentence to read as follows: All sections of this California Electrical Code allowing the use of aluminum conductors are subject to the limitation that no aluminum conductor smaller than No. 4 AWG shall be used. SECTION 44: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-942 amending California Electrical Code section 336-5 is necessary because earthquakes are a common occurrence in the local area and that, unlike wire installed in conduit or raceways, non-metallic sheathed cable does not provide the degree of protection that is needed in the event of an earthquake. Moreover, it is determined that exposed non-metallic sheathed cable is particularly hazardous. Therefore, this amendment is necessary to assure that adequate protection is provided in the workplace and in other places of public gathering. SECTION 45: That section 8-942 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-942. Uses not permitted (Section 336-5). Section 336-5 of the California Electrical Code is amended to read as follows: Sec. 336-5. Uses Not Permitted. Ordinance No. NS-XXXX Page 23 of 48 75C-31 Types NM, NMC and NMS. Types NM, NMC and NMS cables shall not be permitted as follows: 1. In any multifamily dwelling or other structure exceeding three floors above grade. For the purpose of this article, the first floor of a building shall be that floor that has 50 percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. Exception: An additional level shall be permitted where the renovation of attic. vehicle parking, or storage space creates a_habitable floor level in an existing one-family dwelling. 2. Exposed in dropped or suspended ceilings in other than one- and two-family and multifamily dwellincls 3. As service-entrance cable 4. In any nonresidential building or structure 5. In hoistways 6. Embedded in poured cement, concrete, or aggregate Types NM and NMS. Types NM and NMS cables shall not be installed in the following: 1. Where exposed to corrosive fumes or vapors 2. Where embedded in masonry, concrete. adobe, fill. or plaster 3. In a shallow chase in masonry, concrete, or adobe and covered with plaster, adobe, or similar finish 4. Where exposed or subject to excessive moisture or dampness L~T"r.° AIWA nr AMA(` ,r~° AIA A ~+nr! AIWA(` n hl° + h° T {~Ir~a•r- -d~ue~ ~r-s~~s t~ +r~e~see +hr°° ~ r~ /~\ flnnr hn., ~ ~ ~ ~a~°~ --as~e~ie~emran se~~bl~~ i n ~Q°^+~ g , T - a ~-r~e~ rr~e~e-ef t#e-exfere~all~ ~rf ec ~a~ea~e~el +tfa hn„o f;r~a ~ g~a~~-fie--{ 1~-aQdtzi~n aa~ -, -~v -e ev~l tf~a# ie R"~ fi ~ I l ~ t - - r~ - ~e a, n~ eterag~r~a~Ela~~° °h.~ll h ° r,°rw,i}}°rl L~T~F~ AIAA T~~° AIWA n~hl° ~h.+ll nn+ h° ino+.+II°r!• /1\ ~•,h°r° °vr~n~+°,J e i e , , Ordinance No. NS-XXXX Page 24 of 48 75C-32 FF6..6MMf..^^F6~~fCtC;'-fir C~a~}~--6~eFe~-w~~h--~G~~tl.'~ ~+r c imil-~r i'1'1'11'~ SECTION 46: That section 8-2000 of the Santa Ana Municipal Code is hereby deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-2000. Adoption by reference. There is adopted by the city A~er+dix that certain code known as the 2006 International Propertv Maintenance Code (hereinafter referred to as the "Propertv Maintenance Code" ) ,together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on each new official publication date of the International Propertv Maintenance Code, of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the City of Santa Ana pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection-l~~iferm~ede-fer ~,~+;,,r, „f +-,o . The said Code Appe ~'~a~ter-T is adopted and incorporated as fully as if set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the Propertv Maintenance Code set forth in this chapter of the Santa Ana Municipal Code that specifically amends the Propertv Maintenance Code. Any previously enacted unrepealed provision of the Santa Ana Municipal Code that amended apre-2006 Edition of the "Propertv Maintenance Code" shall also be construed as amending the applicable provision of the 2006 or later Edition of the Propertv Maintenance Code. The Propertv Maintenance Code, as thus amended, together with all other provisions of this article, shall be known as the City of Santa Ana Propertv Maintenance Code. ~ Section 302.8 of the Propertv Maintenance Code is amended to read as follows: 302.8 Motor vehicles. Except as provided for in other regulations no inoperative or unlicensed motor vehicle shall be parked kept or stored on anv premises unless within an enclosed structure, and no vehicle shall at anv time be in a state of major disassembly disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Occupancy of any motor vehicle for the purpose of living, sleeping, eating or cooking shall only occur within an approved trailer park Exception: A vehicle of anv type is permitted to undergo major overhaul including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. When auto repairs or maintenance occur on a property used for residential occupancy only vehicles registered to the premises may undergo such repairs or maintenance. Ordinance No. NS-XXXX 75C-33 Page 25 of 48 Section 304.3 of the Property Maintenance Code is amended to read as follows: f Fl 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Numbers shall be a minimum of 4 inches (102 mm). ~ Section 304.14 of the Property Maintenance Code is amended to read as follows: 304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have aself-closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. Section 305.1.1 of the Property Maintenance Code is amended to read as follows: 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the California Building Code: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or loads effects; 3. Structures or components thereof that have reached their limit state; 4. Structural members are incapable of supporting nominal loads and load effects; 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when approved by the code official. Ordinance No. NS-XXXX Page 26 of 48 75C-34 ~ Section 505.1 of the Property Maintenance Code is amended to read as follows: 505.1 General. Every sink lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Califomia Plumbingg Code. ~f Section 602 of the International Property Maintenance Code is amended to read as follows: 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the Califomia Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Exception: In areas where the average monthly temperature is above 30°F (-1 °C), a minimum temperature of 65°F (18°C) shall be maintained. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68 °F (20°C) in all habitable rooms, bathrooms, and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the Califomia Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1 °C) a minimum temperature of 65°F (18°C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 65 °F (18°C) during the period the spaces are occupied. Ordinance No. NS-XXXX 75C-35 Page 27 of 48 ~ Section 604.1 of the Property Maintenance Code is amended to read as follows: 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605 of this Code. Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the California Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes. SECTION 47: That section 8-2500 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-2500. Adoption by reference. There is adopted by the city that certain code known as the International Association of Plumbing and Mechanical Officials Uniform Solar Energy Code, 2006 ~95~ Edition, (hereinafter referred to in this article as the "International Association of Plumbing and Mechanical Officials Uniform Solar Energy Code" or "Solar Energy Code") save and except that portion entitled "Part I, Administrative," together with subsequent supplements, amendments, or editions, which upon the date of official publication, shall become effective, adopted, and incorporated by reference into this Code, unless otherwise specified, of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the City of Santa Ana pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The solar energy code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the International Association of Plumbing and Mechanical Officials Uniform Solar Energy Code set forth in this chapter of this Code that specifically amend the International Association of Plumbing and Mechanical Officials Uniform Solar Energy Code. Any previously enacted, unrepealed provision of this Code that amended apre-2006 ~95~ edition of the "Solar Energy Code" shall also be construed as amending the applicable provision of the 2006 ~-99~ or later edition of the solar energy code. The solar energy code as amended, together with all other provisions of this article, shall be known as the city solar energy code. SECTION 48: That section 8-2600 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-2600. Adoption by reference There is adopted by the city that certain code known as the International Ordinance No. NS-X)CXX Page 28 of 48 75C-36 Association of Plumbing and Mechanical Officials Uniform Swimming Pool, Spa and Hot Tub Code, 2006 4557 edition, save and except that portion entitled "Part I, Administrative" (hereinafter referred to in this article as the "Uniform Swimming Pool, Spa and Hot Tub Code")1 of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the City of Santa Ana pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The uniform swimming pool, spa and hot tub code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the uniform swimming pool, spa and hot tub code set forth in this chapter of this Code that specifically amend the uniform swimming pool, spa and hot tub code. Any previously enacted, unrepealed provision of this Code that amended apre-2006 4958 edition of the uniform swimming pool, spa and hot tub code shall also be construed as amending the applicable provision of the 2006 4558 or later edition of the uniform swimming pool, spa and hot tub code. The uniform swimming pool, spa and hot tub code, as amended, together with all other provisions of this article, shall be known as the city swimming pool, spa and hot tub code. SECTION 49: That section 14-1 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14-1. Adoption of the International k1~i#e~ Fire Code, 2006 ~9 Edition, and the California Fire Code, 2007 ~9A-1- Edition. There is hereby adopted by the City of Santa Ana si#~ that certain code known as the "Internationalk~i#er~ Fire Code, 2006~AA9 Edition and the California Fire Code 2007~A9-1- Edition," and the whole thereof including the Appendices therein, errata issued during and after the publishing date, S~ save and except such portions as are hereinafter deleted or amended, of which code not less than one (1) copy has been and is now on file in the office of the Cslerk of the Csouncil of the City of Santa Ana pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection si#~}. The said code is adopted and incorporated as fully as if set forth at length herein and, subject to all amendments set forth in this article, shall be in effect within the City of Santa Ana si#~ from the effective date of this article. Any provision of this article amending the above mentioned codes shall be construed as amending the 2006~99A and 2007-1- editions thereof including such provisions enacted prior to this adoption of the said 2006~AA9 and 20071- editions and not thereafter repealed. The said Internationalk~i#er~ Fire Code, 20062~9A edition and the California Fire Code 2007~A94 edition, as thus amended, together with all other provisions of this article, shall be known as the "Fire Code of the City of Santa Ana". SECTION 50: That section 14-18 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Ordinance No. NS-XXXX Page 29 of 48 75C-37 Sec. 14-18. Board of Appeals (Section a-8~ 108). Section 1084 of the Californiak~+a+#e~ Fire Code is amended to read as follows: The planning commission shall have the power and be required to hear appeals regarding the fire marshal's denial of, or refusal to grant, any application for a permit required under any provision of the fire code, the determination of the suitability of alternative materials and types of construction, and the reasonable interpretation of the provisions of the fire code in the event of a dispute occurring in the permit application process. Any such appeal shall be filed with the secretary for the planning commission. SECTION 51: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 14-21 amending California Fire Code section 202, Definition of High-Rise Structure is necessary due to the climatic and geographic conditions of high winds and low humidity. This combination of events creates an environment that is conducive to rapidly spreading fire. Control of such fire requires rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene. Moreover, this area has been designated as the highest seismic risk zone in the hierarchy that rates the potential risk for seismic activity by geographical areas. The viability of the public water system would be questionable after a large earthquake leaving tall buildings vulnerable to uncontrolled fires and the inability to pump sufficient quantities of water to upper floors. SECTION 52: That section 14-21 is added to Chapter 14 of the Santa Ana Municipal code to read in full as follows (new language underlined for tracking purposes only): Sec. 14-21. Definitions (Section 202). Section 202 of the California Fire Code is adopted in its entirety except for the following amendment revising the definition of High-Rise and adding a definition for Planned Unit Development building as follows: HIGH-RISE BUILDING. As used in this Code: 1. "Existing high-rise structure" means ahigh-rise structure the construction of which is commenced or completed prior to July 1 1974. 2. "High-rise structure" means every building of any type of construction or occupancy having floors used for human occupancy located more than 55 feet above the lowest floor level having building access (see California Building Code Section 403 1 2) except buildings used as hospitals as defined in Health and Safety Code Section 1250. 3. "New high-rise structure" means a high-rise structure the construction of which is commenced on or after July 1 1974. Ordinance No. NS-XXXX Page 30 of 48 75C-38 PLANNED UNIT DEVELOPMENT (PUD) or PLANNED RESIDENTIAL UNIT DEVELOPMENT. As used in this Code, is a residential subdivision or partition of land resulting in three or more dwelling units; as approved and recorded in accordance with local planning and zoning regulations. SECTION 53: That section 14-22 is added to Chapter 14 of the Santa Ana Municipal code to read as follows (new language underlined for tracking purposes): Section 14-22. Open Burning and Recreational (Section 3071 ~ Section 307.1 of the California Fire Code is amended to read as follows: Section 307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning or recreational fire unless conducted and approved in accordance with this section. Section 307.1.1 of the California Fire Code is amended to read as follows: Section 307.1.1 Prohibited open burning and prohibited recreational fires. Open burning or recreational fires that are offensive or obiectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. ~ Section 307.3 of the California Fire Code is amended to read as follows: Section 307.3 Extinguishment authority. The fire code official is authorized to order the extinguishment by the permit holder, another person responsible or the fire department of open burning or recreational fire that creates or adds to a hazardous or obiectionable situation SECTION 54: That section 14-23 is added to Chapter 14 of the Santa Ana Municipal Code to read as follows (new language underlined for tracking purposes): Sec. 14-23. Accidental alarms (Section 401). Section 401.6 is added to the California Fire Code, to read as follows: 401.6 Accidental Alarms ~ As used herein, the following terms shall have the following meanings Ordinance No. NS-XXXX Page 31 of 48 75C-39 "Accidental alarm" means an alarm, message, signal, or notice received by the fire department as a result of the failure of a fire alarm system to function properly. "Manually activated alarm system" means a nonresidential alarm system which is activated while the business is open and/or occupied and activated by the deliberate acts of an employee, or a residential alarm system designed to be activated by a tenant from within a residential unit. It does not include manual pull stations activated from areas accessible to the public. "Automatic alarm system" means an alarm system other than a manually activated alarm system. It does not include manual pull stations activated from areas accessible to the public. When accidental alarms are received by the fire department, the fire chief is authorized to demand that the user of the responsible fire alarm system correct, replace, or disconnect such system. ~ Except as otherwise provided in subsection (d) of this section, any person having an alarm system which results in a fire department response in which the alarm proves to be an accidental alarm shall pay a penalty assessment fee to the city as follows: Accidental alarms received by the city fire department from automatic alarm systems which are in excess of the maximum allowable number. as set forth in paragraph (3) of this subsection, shall result in an automatic alarm penalty assessment in such amount as shall be set by resolution of the city council. Alarms from manually activated alarm systems which are in excess of the maximum allowable number of false alarms, as set forth in paragraph (3) of this subsection, shall result in a manually activated alarm penalty assessment in such amount as shall be set by resolution of the city council. Penalty assessments shall be made for accidental alarms which number more than one (1) in any thirty-day period; or more than two (2) within any ninety-day period; or more than three (3) within any one-year period. Commencing with the date of a new alarm installation and continuing until the date six (6) months thereafter, or until there have been three (3) accidental alarms from such new alarm installation, whichever first occurs subsection (c) of this section shall not apply to accidental alarms from such new alarm installation. ~ The fire chief reserves the right to discontinue response by fire department Ordinance No. NS-XXXX Page 32 of 48 75C-40 personnel to any location of a silent or audible alarm when: The alarm user has been given written notice and assessed six (6) penalty assessments within aone-year period; or The alarm user has failed to pay any such penalty assessment. Reinstatement may occur when the alarm user has taken steps to eliminate or correct the problem(s) and has documented the corrective action in writing to the fire chief. SECTION 55: That section 14-24 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14-24. Required markings for fire apparatus access roads (Section 503980. (a) Subsection 503.398-4-~ of the Californiak~i#ee~ Fire Code is amended to read as follows: 503.399-~4.~ General (a) Required markings. Any owner or occupant of a private parking area, including, but not limited to, private streets or roadways, driveways, off-street parking facilities, alleys, parking lots and any other nonpublic place where vehicles of any type or kind are intended to be or are often found, must: (1) Post emergency fire lane signs as directed in subsection (b), or (2) Paint appropriate curbs or pavement in red paint pursuant to subsection (c) and as directed by the fire chief or his designated representative. (b) Signs. The fire chief or his designated representative may direct the owner or occupant of the area described in subsection (a) as to the location that said signs must be posted by said owner or occupant. If not so directed, the said owner or occupant must post signs in an obvious, conspicuous location immediately adjacent to, and visible from, the designated fire lane clearly stating in letters not less than one (1) inch in height that the area is afire lane. (c) Paint. All painting to be performed as described in subsection (~a) shall consist of outlining or painting the designated fire lane in red and, in contrasting color, marking the place with the words "FIRE LANE" which are clearly visible from a vehicle, or by painting a red curb or red paint on the edge of the roadway upon which is clearly marked the words "FIRE LANE." Ordinance No. NS-XXXX Page 33 of 48 75C-41 SECTION 56: That section 14-24 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14-25. Access roadways for apparatus (Section 503980. (a) Subsection 503.1.1 °~ of the Californiak~i#e~ Fire Code is amended to read as follows: (a) Required construction. Every building or portions of buildings hereafter constructed shall have fire apparatus access roadways. Such access roadways shall provide two (2) separate but interconnected means of ingress and egress. Access shall be at least twenty (20) feet in clear width. Aforty-foot outside and twenty-foot inside radius shall be provided wherever they make a turn. The total width shall be continuously paved to accommodate sixty thousand (60,000) pounds and shall not exceed the angle of departure (eight (8) degrees or fourteen (14) percent) for fire apparatus on any slope. Access roadways shall have a vertical clearance of not less than thirteen (13) feet six (6) inches above the finished driveway surface. EXCEPTIONS: When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. 2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 901.4.34$8-:8. 3. When there are not more than two (2) Group R, Division 3 or Group U Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, firefighting or rescue operations would not be impaired. (b) Extent. The access roadway shall be extended to within one hundred fifty (150) feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be provided as required and approved by the fire marshal. (c) Fire protection alternate. Where fire protection systems approved by the Ordinance No. NS-XXXX Page 34 of 48 75C-42 fire marshal are provided, the above required clearance may be modified. (d) Oversizing. The fire marshal shall have the authority to require an increase in the minimum access width where such width is not adequate for fire or rescue operations. Lc\ Rrii-Irrec~ 1A/horo .~ hrirlno ~e. r~..~ ~~r...J +.. L... ~ ...J .. .....I.... a~..:~ e Subsection 503.7 is added to the California Fire Code to read as follows 503.7 Planned Unit Development Access. (a) Road widths. Access roadways or streets in a PUD shall comply with the provisions of Santa Ana Municipal Code Sections 14-24 and 14-25 as well as the road widths as follows: 20 feet wide when parking is not allowed on either side of the roadway 30 feet wide when parking is not allowed on only one side of the roadway and, 40 feet wide when parking is not restricted. Exceptions: The Fire Marshal is authorized to modify the provisions of this section when all buildings are completely protected with an approved sprinkler s sy tem. (b) Dead Ends. Dead end fire department access roads shall be in accordance with Santa Ana Municipal Code Section 14-25. (c) Cul-de-sacs. Cul-de-sacs shall be maintained clear and unobstructed as required by Santa Ana Municipal Code Section 14-25 ~c~) Subsections 503.2, 503.2.1, 503.2.2, 503.2.3 503.2.4 of the California Fire Code are °^~ ~ ~ „f +ho ~ i.,~s,.r...., ~:... ~...,..:.. deleted. (ds) Subsection 503.4°°^~4-T of the California~laa#er~ Fire Code is amended to read as follows: 503.d°^-r~.~.T Obstruction of emergency access lanes. (a) Obstructing emergency access lane. Ordinance No. NS-XXXX Page 35 of 48 75C-43 (1) The required width of any fire apparatus access road shall not be obstructed in any manner. Minimum required widths and clearances established under this section shall be maintained at all times. (2) No person shall cause or permit any vehicle, including, but not limited to, automobile, motorcycle, truck, bicycle or any other vehicle in his control or ownership, to be stopped in an area designated for emergency vehicles. (3) This section applies to all non-emergency vehicles whatsoever, attended or unattended, stopped for any length of time except when necessary to avoid conflict with other traffic or in compliance with directions of a police officer or fireman. (4) Any vehicle found in violation of this section may be towed at the owner's or operator's expense at the request of any Santa Ana police officer, parking control officer, California Highway Patrol officer, Orange County deputy sheriff or any fire department personnel described in section 1-18 of this Code. (b) Infraction violations. Any violation of this subsection 503.4°^~2~T shall be deemed an infraction. SECTION 57: That section 14-26 is added to Chapter 14 of the Santa Ana Municipal Code to read as follows (new language in bold for tracking purposes): Subsection 505.1 of the California Fire Code is amended to read as follows: Section 505.1 Address numbers. New and existing buildings shall have approved address numbers building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property These numbers shall contrast with their backaround. Address numbers shall be Arabic numerals or alphabet letters Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 (12.7mm) for single family residences All multi-family, multi-retail and multi-commercial occupancies shall have a minimum of 6 inches high numbers with a minimum one and one half inch (1'/2") stroke All light and heavy industrial occupancies shall have a minimum of 10 inches high numbers, with a minimum one and one half inch (1 %2") stroke All complexes that are three (3) stories or greater in height and/or have two (2) or more building units shall have a minimum of 10 inch high numbers with a one and one half inch (1'/2") stroke. All multi-family, multi-retail and multi-industrial occupancies shall identify individual units with numbers a minimum of 4 inches affixed to the unit's front door Ordinance No. NS-XXXX Page 36 of 48 75C-44 entrance or frame. All buildings with a rear door access shall identify that unit with the proper numbers affixed to the door or frame. All buildings with two (2) or more units shall identify utility meters according to the unit being serviced. Numbers shall be affixed on a structure in clear view, unobstructed by trees or shrubs. SECTION 58: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of Section 14-27 amending California Fire Code section 508 is necessary due to climatic conditions of high winds and low humidity. Combined with high density city population conditions may be conducive to rapidly spreading fires. These climatic conditions and winds contribute to the rapid spread of even small fires originating in high density housing therefore creating a need for increased fire protection. This amendment defines fire flow, fire sprinkler and fire hydrant placement requirements. SECTION 59: That section 14-27 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14-27. Fire flow requirements (Section 5080. (a) Subsection 508.1 ~A~-~ of the Californian Fire Code is amended to read as follows: 508.199~~. Required water supply for fire protection. No building shall hereafter be constructed which would require a fire flow of more than five thousand five hundred (5,500) gallons per minute. No existing building shall be added to, altered, or changed in the character of its occupancy so as to increase its required fire flow above five thousand five hundred (5,500) gallons per minute. No existing building which currently requires a fire flow of more than five thousand five hundred (5,500) gallons per minute shall be added to, altered, or changed in the character of its occupancy if such addition, alteration or change would increase the fire flow required for such building. No building shall hereafter be constructed, and no additions, alterations, or repairs shall be made to an existing building within any twelve-month period which exceed twenty- five (25) percent of its value, and no existing building shall be changed in the character of its occupancy so as to increase the fire flow required for such building, unless fire hydrants and appurtenant water supply capable of delivering the fire flow that will be required for such building, with a residual pressure measured at the hydrant outlet of not less than twenty (20) pounds per square inch during times of average daily consumption, are located in accordance with the following distance limitations: In any case where this requirement applies solely by reason of additions, alterations, or repairs to an existing building; and in the case of new Ordinance No. NS-XXXX Page 37 of 48 75C-45 construction of a building designed for Group R, Division 3 occupancy, as defined in the building code of the City of Santa Ana, or building or structure accessory thereto: the required hydrant or hydrants must be located within five hundred (500) feet of all portions of the exterior walls of the building or be protected. Such required hydrant or hydrants may be located either on a public street or on the site of the premises to be protected. 2. In all other cases: the required hydrant or hydrants shall be located on the site of the premises to be protected, except that any required hydrant may be located on a public street if such location is within one hundred fifty (150) feet of all portions of the exterior walls of the building to be protected . Where more than one (1) fire hydrant is located on the site of the premises to be protected, or where a combination of hydrants located on such site and a public street are used to meet the distance requirements, the required fire flow in gallons per minute may be divided between such hydrants provided: That the combination of hydrants will deliver the required flow, and 2. That no single hydrant has a flow of less than one thousand five hundred (1,500) gallons per minute with a residual pressure measured at the hydrant outlet of not less than twenty (20) pounds per square inch during times of average daily consumption. Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains, or other fixed system capable of supplying the required fire flow, subject to the approval of the fire marshal. The precise location, number and type of fire hydrants connected to a water supply to be provided in accordance with this subsection shall be subject to the approval of the fire marshal. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 503SA~. No use of an existing building, or any portion thereof, for either a place of assemblage or a Group H occupancy, as defined in subsections 903.2.1 ~A9~~3 and 903.2.4 ~-993~~, shall be initiated or expanded unless the building as a whole will comply with the requirements of this subsection 508.1 9A3-~ such as would apply to the new construction of such building for the same uses. For purposes of this section, an existing building or structure shall be deemed to have a value equal to the current cost of construction of a building or structure of the same size and type of construction. In determining such value, the fire marshal shall be guided by the most recent building valuation data published by the International Conference of Building Officials. In determining the fire flow requirements for any building, structure, or fire area, the fire Ordinance No. NS-XXXX Page 38 of 48 75C-46 marshal shall proceed in accordance with the standards set forth in that certain "Santa Ana Fire Department Guide for Determination of Fire Flows," of which not less than one (1) copy is on file in the office of the clerk of the council of the City of Santa Ana. (b) Subsection 508.3 of the California Fire Code is amended to read as follows: 508.3. Fire Flow Methods. An automatic sprinkler system must be installed in buildings hereafter constructed, or when additions, alterations, or repairs are such as to require the building to comply with all the requirements of the building code of the City of Santa Ana for new buildings, in either of the following circumstances: • The building would require a fire flow of more than two thousand five hundred (2,500) gallons per minute if such system were not installed; • The building exceeds two stories in height. EXCEPTIONS: 1. Group R occupancies as defined in California Fire Code Section 903.2.7. 2. Omen free standing parking structures, whether or not such structures exceed two (2) stories in height, constructed of noncombustible materials above grade, and meeting all of the provisions of the building code of the City of Santa Ana and National Fire Protection Association Standard 88A. need not be provided with automatic fire sprinkler unless such sprinklers would be required due to the area and height limitations of the building code of the City of Santa Ana or the estimated fire flow exceeds five thousand five hundred (5,500) gallons per minute. Where a conflict exists between the building code of the City of Santa Ana and National Fire Protection Association Standard 88A, the more restrictive requirement shall apply. (c~) Subsections 508.5 and 508.5.1 ~3 of the California-~J-r~#e~ Fire Code are+s deleted. d) Subsection 508.5.2 of the California Fire Code is amended to read as follows: 508.5.2 Private Hydrant Testing. Private hydrant_svstems shall be inspected and serviced annually. and the owner shall correct any deficiencies immediately. Hydrants shall be flushed, valves operated and caskets and caps inspected. Hydrant paint shall be maintained in good conditions. SECTION 60: That section 14-28 is added to Chapter 14 of the Santa Ana Municipal Code to read as follows (new language in bold for tracking purposes): Section 315.4 is added to the California Fire Code to read as follows: Ordinance No. NS-XXXX Page 39 of 48 75C-47 Section 315.4 Parade Floats. Section 315.4.1 Decorative Materials. Decorative materials on parade floats shall be non-combustible or flame retardant. Section 315.4.2 Fire Protection. Motorized parade floats and towing apparatus shall be provided with a minimum 2A10BC rated portable extinguisher readily accessible to the operator. SECTION 61: That section 14-29 of the Santa Ana Municipal Code is hereby deleted in its entirety (deleted language in strikeout for tracking purposes only): Sec. 14-29. Reserved. S~*~A X44-i~aa~ed~t~q ~ I., if9r~,-F; re~~oo +„ ro ,~ { I I ,~ ~6.-b€E6 h~ ~ilrlinn c•h II In {+ w L 1 .J which vvnce.J~ fi{+~i fide /C, C.\ fec+ in hoinh+ mo.+n .J ~ iL. a ..[ ......................, , ~ ~ ~y ~ , SECTION 62: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of Section 14-30 amending the California Fire Code section 903 is necessary due to artificially created topographic conditions. The City is 27 square miles with a population in excess of 350,000 with extensive traffic congestion. Depending on time of day and climatic conditions response times may be impacted. Therefore those occupancies that have the potential to large loss of life (Type "A") and those that have the highest potential for conflagration (Type "H") make it necessary to provide automatic on-site fire extinguishing systems in order to protect occupants and property. SECTION 63: That section 14-30 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14-30. Installation of automatic sprinkler systems (Section 903a-9A3). (a) Subsection 903.2.1~ooTO~ of the Californiar~Fire Code is amended as follows: 903.2.1 Places of Public Assemblage An automatic sprinkler system must be installed in any portion of a building whether newly constructed or preexisting, in or into which the following use is initiated or expanded. A place of public assemblage which provides for the gathering together of one hundred (100) or more persons, for such purposes of deliberation, education, instruction, worship activities, entertainment, amusement, or the awaiting of transportation, or in a dining or drinking establishment. Ordinance No. NS-XXXX Page 40 of 48 75C-48 (b) Subsection 903.2.4.1 ~ ~^~Tof the California-~i#er~ Fire Code is amended as follows: 903.2.4.1 Group H Occupancies. An automatic sprinkler system must be installed in any portion of a building, whether newly constructed or preexisting in or into all H occupancies as defined by the City of Santa Ana building code. (c) Subsections 903 2 3 903.2.5 903.2.6 903.2.7 903.2.8, 903.2.8.1, 903.2.8.2 and 903 2 9 of the California Fire Code are subject to sprinkler requirements stated in City of Santa Ana Municipal code section 14-30 subsection 508.3 or the California Fire Code; whichever is more restrictive. (d) Subsection 903.3.7 a-AA~~'~ of the California k~i#e~ Fire Code is amended as follows: 903.3.7 Fire department connections All sprinkler systems shall have the Fire Department pumper connection located at the property line, on the address side of the building as close as practical to the public hydrant. SECTION 64: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of Section 14-31 amending California Fire Code section 907 sections 907.2.12 and 907.9.3 is necessary due to the climatic and geographic conditions of high winds and low humidity. This combination of events creates an environment that is conducive to rapidly spreading fire. Control of such fire requires rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene. Also the City is located in the middle of the seismically active area identified as Seismic Zone 4. The viability of the public water system would be questionable after a large earthquake leaving tall buildings vulnerable to uncontrolled fires and the inability to pump sufficient quantities of water to upper floors. SECTION 65: That section 14-31 is added to Chapter 14 of the Santa Ana Municipal Code to read as follows (new language in bold for tracking purposes): Sec 14-31. High Rise Amendments (Section 907) ~ Subsection 907.2.12 of the California Fire Code is amended as follows: 907.2.12 High-rise buildings. Ordinance No. NS-XXXX Page 41 of 48 75C-49 Buildings with a floor used for human occupancv located more than 55 feet above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and an emergency voice/alarm communication stem in accordance with 907.2.12.2. Exceptions: 1. Airport traffic control towers in accordance with Section 907.2.22 and Section 412 of the California Building Code. 2. Open parking garages in accordance with Section 406.3 of the California Building Code. 3. Buildings with an occupancv in Group A-5 in accordance with 502.1.1 of the California Building Code. 4. Low-hazard special occupancies in accordance with Section 503.1.1 of the California Building Code. 5. Buildings with an occupancv in Group H-1, H-2 or H-3 in accordance with Section 415 of the California Building Code. Subsection 907.9.3 of the California Fire Code is amended as follows: 907.9.3 High-rise buildings. In buildings with a floor used for human occupancv that is located more than 55 feet above the lowest level of fire department vehicle access a separate zone by floor shall be provided for all of the following types of alarm-initiating devices where provided 1. Smoke detectors. 2. Sprinkler water-flow devices. 3. Manual fire alarm boxes. 4. Other approved types of automatic fire detection or suppression systems SECTION 66: That section 14-38 of the Santa Ana Municipal Code is hereby deleted in its entirety (deleted language in strikeout for tracking purposes only): Sec. 14-38. Reserved. ~esfifln,~-~A=-4-rs addedk~P-I-Lr~i#e~r~~e-Gsd , 1 ' ~ ~l a•I ~rp1 r ciir m ~ T~ d n~l nr ran}ink renoi~ earl YtbVttt~ 1l C t ~T'1'G'G T7 a7 Ta QI rrlj r lT .rJ~a'~ , ' n u Ordinance No. NS-XXXX Page 42 of 48 75C-50 nA~ ~~nm~~in ~I~rm avo4cm~~ mn~n~ ~n ~I~rm we4om n~hor +h~n ~ m~n~ ~~Ilv ~ro~~ .~nne~~ihlo fn Oho ni ~hlin /h\ 1l1/hen ~nnirlon~~l ~I~rmc pro ronoi~ioi•1 h~i 4ho fire rlcn~rFmcn+ +ho firc nhiof 0 e /n\ Cvnc n+ ~c n+hcnAiioo nrn~ii~•Icrl in c~ ~hcon~inn /rl\ of +hic non4inn env nor~nn r i~ttVYY•s /~ \ 4nnirlon+.~I ~I~rm~ ronoi~iorJ h~i 4he ni~~i fire rJen~r+mon+ from ~~ ~+nm~fin ~I~rm eve+ome ~~ihinh ire in ovnoc ~ of +ho mwim~ ~m ~n~~i~hlo ni imhe,~-~?~ ~ fnr•~h in n~rnnronh /~2\ of 4hi~~g~y~+4~r o ~h~ll ro~i ~I+ in ~n ~~ ~4nm~~in ~I~rm non~l4~i ~~ee~~mon1• in ~~ ~nh ')1 41~r rnm m~n~~~ll~i ~n4i~i~~oi•I ~I~rm w ~t~mn ~uhinh pro in ~~~? T ~~ ~e~f 4ho mwim~ ~m ~Iln~~i~hlo n~ ~mhor of fnl~ ' o ~Inrme~ .ten ne+ fnr}h in r n~ranranh / 2\ of ~~~p~y~~inn eh~ll roe ~I~rm non~l4~i ~~ce~cmnn4 in ~~ ~nh ~mn~ m s il+ in ~ mnn~ ~.~Ihi r.n4i~ir.~crJ + ~~ ~h.,ll ho ~o+ h~i asses~rx~en~~"°II ho m~iJn fnr •+nn ¢~~~er~a~t irlnn4.•~I .•~I.•~rmn ~~ihinh ~ n~ ~mhor mnro +h~n nno /1 \ in onv ~hirF~i_rl~~i norinrl• nr mnro +h~n M ` fi~in \ within ~n~i ninc~~i iJ.~~i nerini•1• nr mnr r o ~h~n three / .2\ ~~ii~hin r i ~ ~~~ Thn ~I~rm ~~cor hie heen ni~ion ~~iriH~on nn~ino ~nrl ~~~o~~or• c~iv /G:\ nonr+l~~i e~S~2~~i~}en-~S ~+hin .~ nno_~io~r neriniJ• nr Ordinance No. NS-XXXX Page 43 of 48 75C-51 SECTION 67: That section 14-40 of the Santa Ana Municipal Code is hereby deleted in its entirety (deleted language in strikeout for tracking purposes only): Sec. 14-40. Reserved. Q''ilrlinn mein+cnonno nnrl hn~ iacl~ccninn /Con+inn 1 11 ~i1 The I Inifnrrv~ Ciro ~'nrln i~ ~+monrlorl h~i ~rlrlinn Con+inn 1 1 1 G. +hcro+n +n ro~rl oc ii3tid'1Rl'0- 11111 1 Qi~ili-linrr AA~infen~nne 011 h~~ilrlinn~ ~nrl r~romic~oa chill he (~\ L111 hn~orv~on+~ nollnrc fln nrc nln co+c n+ +inc nnrl n+hcr eimil~r e t f f s i~i~~+e rv~.~+eri71 i~ rmm~~ini-7 frnm +hn nrnrv~icoo nr n+hnn~iico nrnr~nrhi rlienn~orl of ~ II ~~ ~nh ~~n~~+e nnn+~iner~ n+her +h~n nnnveninnnc , t;e~' °'+ro°° of waste rese tasles h rl.~.~ ~hnll he - ~ ~~,,,p SECTION 68: That section 14-48 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14-48 Fireworks (Section 3309~~) Subsection 3309.1 ~ of the Californian Fire Code is added anae~e~ to read as follows: 3309.1 ~~3 Prohibition. The storage, use and handling of fireworks is prohibited. Ordinance No. NS-XXXX Page 44 of 48 75C-52 EXCEPTIONS: 1. Storage and handling of fireworks is allowed as set forth in Title 19 California Code of Regulations Chapter 6 - FireworksT°,ftis',~~. 2. The use of fireworks for display is allowed as set forth in Title 19 California Code of Regulation Chapter 6 -Fireworks S~~o;-T8^~. 3. The use of State Fire Marshal approved Safe and Sane Fireworks is allowed as regulated by Article I I (commencing with Section 14-51) of Chapter 14 of the Santa Ana Municipal Code. SECTION 69: That section 14-49 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, delted language in strikeout for tracking purposes only): Sec. 14-49. Deletions from the California~#err~ Fire Code. The following parts of the California ""^TFire Code are hereby deleted: e^^°,,,~~., i e• Aj~pep~ ~.~o- Dr...°r,.Jiv 111_4• e „~°.,,~ ~., iii Q n^^°.,~~., iii ~ Appendix A -Board of Appeals Appendix B -Fire Flow Requirements for Buildings Appendix C -Fire Hydrant Locations and Distribution Appendix D -Fire Apparatus Access Roads SECTION 70: That section 14-86 of the Santa Ana Municipal Code is hereby deleted in its entirety (deleted language in strikeout for tracking purposes only): Sec. 14-86. Reserved. °~^°~~'~^°^*c +^ °^^°^^'~^°c Ordinance No. NS-XXXX Page 45 of 48 75C-53 QA6~-6AFA~ ~~ ~~ &Rd SECTION 71: 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, sentence, 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 unconstitutional. Ordinance No. NS-XXXX 75C-54 Page 46 of 48 SECTION 72: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation or 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 there under appertaining shall continue in full force and effect. ADOPTED this day of November, 2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lorena C. Penaloza Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 75C-55 Ordinance No. NS-XXXX Page 47 of 48 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXXX Page 48 of 48 75C-56