2009-37 Adopting Building Code ORDINANCE NUMBER 2009-37
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MENIFEE, CALIFORNIA, ADDING CHAPTERS 8.01 — 8.18
TO THE MENIFEE MUNICIPAL CODE REGARDING BUILDING CODE
CONSTRUCTION TO ADOPT BY REFERENCE THE 2007 EDITIONS OF
THE CALIFORNIA BUILDING CODE, THE CALIFORNIA ELECTRICAL CODE, THE
CALIFORNIA MECHANICAL CODE, THE CALIFORNIA PLUMBING CODE AND THE 1997
UNIFORM HOUSING CODE
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
SECTION 1. THE CITY COUNCIL FINDS AS FOLLOWS:
1. The City of Menifee was incorporated on October 1, 2008, at which time the
council was required to and did adopt all county ordinances for 120 days and the Council
thereafter extended such adoption for one year.
2. Health and Safety code Section 18938 provides that the triennial edition of
the California Building Standards Code establishes building standards for all
occupancies throughout the State and requires that these standards incorporated the
various editions of the Technical Codes with necessary California amendments.
3. Section 18938 also requires that such standards are applicable to all cities
and counties.
4. On July 1, 2007 the State Building Standards commission approved and
published the 2007 edition of the California Building Standards Code which incorporated
the various editions of the Technical Codes (Plumbing, Electrical, and Mechanical) by
reference with necessary California amendments.
5. The City is required to adopt the 2007 edition of the California Building
Standards Code which incorporates by reference the various editions of the Technical
Codes and all of the referenced standards tables, matrices and appendices of each of
these codes therein.
6. The California Building Standards also allows for modifications required to
meet specific climatic, topographic or geographic conditions within a city when a city
makes findings regarding such conditions. The City makes such findings as follows:
7. The City finds that development has occurred and will continue to occur in
the city of Menifee at a rapid pace. Because Menifee is generally a flat area in a valley
surrounded by hills, because of traffic congestion and because of strong winds (Santa
Ana's) which can reach up to 60 miles per hour, additional requirements have been
placed on the separation walls between garages and residences.
8. The Council finds that the adoption of this ordinance is exempt from the
provisions of the California Environmental Quality Act pursuant to CEQA Guidelines
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Section 15061(b) (3).
SECTION 2: Chapters 8.01 through 8.16 are added to the Menifee Municipal code to
read as follows:
TITLE 8.01
MENIFEE BUILDING STANDARDS CODE-ADMINISTRATIVE PROVISIONS
Sections:
8.01.010 Administrative Code Adopted
8.01.020 Fees
8.01.010 Adoption by Reference-Administrative Code/Definition. Except as hereinafter
changed or modified, Appendix Chapter 1 of the 2007 edition of the California Building Code,
as published by the California Building Standards Commission, is hereby adopted and
incorporated by reference into this Chapter of the Menifee Municipal Code. Whenever the Word
"Code" is used in the Title; it shall mean the Menifee Building Standards Code.
8.01.020 Fees. Section 108.2 of appendix chapter 1 of the 2007 California Building Code is
amended to read as follows:
108.2 Schedule of Permit Fees. On buildings, structures, electrical, gas, mechanical
and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid in
accordance with the schedule as established by resolution of the City Council of the city of
Menifee.
8.01.030 Boards of Appeal. Section 112 of appendix Chapter 1 of the 2007 California Building
code is amended to read as follows:
Section 112
Boards of Appeals
112.1 Building Board of Appeals.
112.1.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and interpretation of this
code, there shall be and is hereby created a Building Board of Appeals. The Building Board of
Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board
shall adopt rules of procedure for conducting its business. In the event the City council fails to
appoint such a Board, the Planning Commission shall function as such.
112.1.2 Limitations on Authority. An application for appeal shall be based on a claim
that the true intent of this code or the rules legally adopted thereunder has been incorrectly
interpreted, the provisions of this code do not fully apply or an equally good or better form of
construction is proposed. The Board shall have no authority to waive requirements of this code.
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112.1.3 Qualifications. The Building Board of Appeals shall consist of members who are
qualified by experience and training to pass on matters pertaining to building construction and
who are not employees of the City. The Building Official
shall act as secretary to the Board.
112.2 Accessibility Appeals Board. In order to conduct the hearings on written appeals
regarding action taken by the building official and to ratify certain exempting actions of the
building official in enforcing the accessibility requirements of Title 24 of the California Code of
Regulations for privately-funded construction, to serve as an advisor to the building official on
disabled access matters, and to make recommendations to the City Council on appeals of
decisions made by the building official on City-funded buildings, there shall be an Accessibility
Appeals Board. The Accessibility Appeals Board shall consist of five members. Two members
of the Appeals Board shall be physically disabled persons, two members shall be persons
experienced in construction, and one member shall be a public member. The Building Official
shall act as Secretary to the Board. The members of the Accessibility Appeals Board shall be
appointed by the City Council and shall hold office at its pleasure.
The Accessibility Appeals Board may approve or disapprove interpretations and
enforcement actions taken by the Building Official. All such approvals or disapprovals for
privately funded construction shall be final and conclusive as to the Building Official in the
absence of fraud or prejudicial abuse of discretion. The Board shall adopt regulations
establishing procedural rules and criteria for the carrying out of its duties.
8.04 Building Code
Sections:
8.04.010 Building Code Adopted
8.04.020 Garage Requirements
8.04.030 Duct Penetrations
8.04.040 Fences
8.04.050 Hours of Construction
8.04.060 Rubbish and Debris
Menifee Building Code
8.04.010 Adoption by Reference-Building Code. Except as hereinafter changed or modified,
the 2007 California Building Code, Appendix Chapter 1, and Appendices C, I and J of that
certain building code known and designated as the 2007 California Building Code, as published
by the California Building Standards Commission, are hereby adopted by reference and
incorporated into this Title 15 of the Menifee Municipal Code. A copy of said California Building
code, including the above-designated appendices, shall be on file in the office of the City Clerk.
8.04.020 Garage Requirements. Chapter 4, Section 406.1.4, 1, is hereby amended to read as
follows:
The private garage shall be separated from the dwelling unit and its attic by means of a
minimum 5/8-inch (15.875mm) Type X Gypsum Board applied to the garage side. Garages
beneath habitable rooms shall be separated from all habitable rooms above by not less than a
5/8-inch type X Gypsum Board or equivalent. Door openings between a private garage and the
dwelling unit shall be equipped with either solid wood doors or solid or honeycomb core steel
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doors not less than 13/8 inches (34.9mm) thick, or doors in compliance with Section 715.3.
Openings from a private garage directly into a room used for sleeping purposes shall not be
permitted. Doors shall be self-closing and self-latching."
8.04.030 Duct Penetrations. Chapter 4, Section 406.1.4, 2, is hereby amended to read as
follows:
"Ducts in a private garage and ducts penetrating the walls or ceilings separating the
dwelling unit from the garage shall be constructed of a minimum 0.019-inch (0.48mm) sheet
steel and shall have no openings into the garage.
All penetrations shall be protected by an approved and listed one (1) hour rated
material."
8.04.040 Fences. Appendix Chapter 1, Section 105.2, 2, is hereby amended to read as follows:
"2. Fences not over six (6) feet high, masonry block walls less than three (3) feet high."
8.04.050 Hours of Construction. Appendix Chapter 1, Section 109, is hereby amended by
adding the following: "109.7, Hours of Construction. Any construction within the city located
within one-fourth (1/4) mile from an occupied residence shall be permitted Monday through
Saturday, except nationally recognized holidays, 6:30 am to 7:00 pm. There shall be no
construction permitted on Sunday or nationally recognized holidays unless approval is obtained
from the City Building Official or City Engineer."
8.04.060 Rubbish and Debris. "109.8, Rubbish and Debris, Every person who constructs,
alters, adds to, rehabilitates, places or repairs any building structure or building service
equipment is subject to the following provision relating to rubbish and debris:
1. Collection and Disposal. During the process of constructing a building or
structure, the construction site and the general area around the site shall be kept clear of
rubbish and debris that result from the construction activities. Rubbish and debris shall not be
allowed to accumulate on or be blown from the site and shall be placed inappropriate containers
or removed from the construction site to an authorized disposal area. All containers shall be
emptied periodically at an authorized disposal area so they will remain usable for the collection
of rubbish and debris. When the building or structure is completed, a final cleanup of the site
shall be conducted by the permittee.
2. Inspections. A permit holder shall not be entitled to, and no building inspector
shall make an inspection of any phase of completed construction work, including the final
inspection, if the construction site or general area thereof contains an accumulation of
construction rubbish and debris. If a building inspector is unable to conduct a requested
inspection because of an accumulation of rubbish and debris, a re-inspection fee may be
assessed and required to be paid prior to a request for re-inspection is made. Failure to
maintain a construction site clear of waste and other trash or debris, and in such a manner that
is determined to constitute a health and safety hazard or constitutes a public nuisance, shall
result in the issuance of a Stop Work order.
3. Rubbish and debris for the purpose of this section, includes, but is not limited to,
stub ends of cut lumber, broken lumber and other scrap wood, scrap cement and plaster, scrap
metal, paper cartons, wrappings, and similar materials that result from the process of
constructing a building or structure."
4852-3042-4579.1 4
8.08 Electrical Code
Sections•
8.08.010 Adoption of Electrical Code
8.08.020 Commercial Projects
Except as hereinafter changed or modified, the 2007 California Electrical Code, Annexes
A, B, C, D, E, F and G and Appendix Chapter 1 of that certain electrical code known and
designated as the 2007 California Electrical Code, as published by the California Building
Standards Commission, are hereby adopted by reference and incorporated into this Title 15 of
the Menifee Municipal Code.
8.080.020 Commercial Projects. Article 89.108.4 is hereby amended by adding subsection (c)
which reads as follows: "(c) For all commercial projects, a California Licensed Electrical
Contractor shall be responsible for obtaining permits for electrical work performed."
A copy of said California Electrical Code, including the above-designated appendix, shall
be on file in the office of the City Clerk.
8.12 Mechanical Code
Sections:
8.12.010 Adoption of Mechanical Code
Except as hereinafter changed or modified, the 2007 California Mechanical Code, and
Appendices A, B, C and D and Appendix Chapter 1 of that certain mechanical code known and
designated as the 2007 California Mechanical Code, as published by the California Building
Standards Commission, are hereby adopted by reference and incorporated into this Title 15 of
the Menifee Municipal Code.
A copy of said California Mechanical Code, including the above-designated appendices,
shall be on file in the office of the City Clerk.
8.16 Plumbing Code
Sections:
8.16.010 Adoption of Plumbing Code
Except as hereinafter changed or modified, the 2007 California Plumbing Code, and
Appendices A, B, D, G, I and K and Appendix Chapter 1 of that certain plumbing code known
and designated as the 2007 California Plumbing Code, as published by the California Building
Standards Commission, are hereby adopted by reference and incorporated into this Title 15 of
the Menifee Municipal Code.
A copy of said California Plumbing Code, including the above-designated appendices,
shall be on file in the office of the City Clerk.
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8.18 Housing Code
8.18.010 Adoption of Housing Code
Except as hereinafter modified or changed, the 1997 Uniform Housing Code published
by the International Conference of Building Officials and adopted as reference in the State
Housing Law, Title 25, of the California Code of Regulations, Division 1, is hereby adopted by
reference and incorporated into this Title 15 of the Menifee Municipal Code.
A copy of said Uniform Housing Code shall be on file in the office of the City Clerk.
SECTION 3: County of Riverside Ordinance 457, Sections 1, 2, 2A, 213, 2C, 2E, 2G, 2H,
21, 2J, Section 3 through 9 and Sections 13 through 15 are hereby repealed.
SECTION 4: This ordinance shall become effective on July 1, 2009.
PASSED, APPROVED AND ADOPTED this41dayof May, 2009, by the following
vote:
AYES:&W)-66
NOES: V"VNJ-)
ABSENT: T.Q hk)
ABSTAIN:
Wallace W. Edgerton, May
ATTEST:
Kathy Bennett, City Clerk
APPROVED AS TO FORM:
Elizabetti Marlyn, City Attorney
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