2010-83 Editions of the CA Building Code ORDINANCE NUMBER 2010-83
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING CHAPTER 8.01
TO THE MENIFEE MUNICIPAL CODE BY ADOPTING THE 2010 EDITIONS OF THE
CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN
BUILDING CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA MECHANICAL CODE,
CALIFORNIA ELECTRICAL CODE AND THE 1997 EDITION OF THE UNIFORM HOUSING
CODE AND RELATED MODEL CODES WITH APPENDICES AND AMENDMENTS
THERETO
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
SECTION 1. THE CITY COUNCIL FINDS AS FOLLOWS:
1. 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.
2. Section 18938 also requires that such standards be applicable to all cities
and counties, subject to certain modifications described below.
3. On July 1, 2010, the State Building Standards Commission approved and
published the 2010 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.
4. The City is required to adopt the 2010 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.
5. The California Building Standards Code also allows for modifications
required to meet specific climatic, topographic or geographic conditions within a city
when a city makes findings regarding such conditions, and the City makes such findings
as follows:
6. The City Council specifically 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.
7. The Council finds that the adoption of this ordinance is exempt from the
provisions of the California Environmental Quality Act pursuant to CEQA Guidelines
Section 15061(b)(3).
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SECTION 2: Chapters 8.01, 8.04, 8.12, 8.16 and 8.18 of the Menifee Municipal Code
are repealed and readopted to read as follows and Chapter 8.05 and 8.06 are added:
Chapter 8.01
Menifee Administrative Provisions
Sections:
8.01.010 Hours of Construction
8.01.020 Rubbish and Debris
8.01.020 Hours of Construction.
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."
8.01.030 Rubbish and Debris.
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
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metal, paper cartons, wrappings, and similar materials that result from the process of
constructing a building or structure."
Chapter 8.04
Building Code
Sections:
8.04.010 Building Code Adopted
8.04.020 Fees
8.04.030 Board of Appeals
8.04.040 Garage Requirements
8.04.050 Duct Penetrations
8.04.060 Fences
Menifee Building Code
8.04.010 Adoption by Reference-Building Code. Except as hereinafter changed or modified,
the 2010 California Building Code, along with Appendices C,G,H, I and K of that certain building
code, as published by the California Building Standards Commission, are hereby adopted by
reference and incorporated into this Title 8 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 Fees. Chapter 1, Section 1.8.4. Permit Fees, Applications and Inspections is
amended by adding the following:
"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."
8.04.030 Board of Appeals. Chapter 1 Section 1.8.8.1 is hereby amended by adding the
following:
1.8.8.1 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.
1.8.8. Board of Appeals._Section 1.8.8 is further amended by adding the following:
1.8.8.4 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.
1.8.8.5 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.
1.8.8.6 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
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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.
8.04.040 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
doors not less than 1 3/8 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."
8.04.050 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."
8.04.060 Fences. 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."
Chapter 8.05
Residential Code
8.05.010 Adoption of the California Residential Code
Except as hereinafter modified or changed, the 2010 California Residential Code published by
the California Building Standards Commission are hereby adopted by reference and
incorporated into this Title 8 of the Menifee Municipal Code.
A copy of said California Residential Code, shall be on file in the office of the City Clerk.
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Chapter 8.06
Green Building Code
8.06.010 Adoption of the Green Building Standards Code
Except as hereinafter modified or changed, the 2010 California Green Building Standards Code
published by the California Building Standards Commission is hereby adopted by reference and
incorporated into this Title 8 of the Menifee Municipal Code.
A copy of said California Green Building Standards shall be on file in the office of the City Clerk.
Chapter 8.08
Electrical Code
Sections:
8.08.010 Adoption of Electrical Code
8.08.020 Commercial Projects
Except as hereinafter changed or modified, the 2010 California Electrical Code, Annexes
A, B, C, G and H of that certain electrical code, as published by the California Building
Standards Commission, are hereby adopted by reference and incorporated into this Title 8 of
the Menifee Municipal Code.
8.08.020 Commercial Projects. Annex H, Section 80.19 is hereby amended by adding
subsection (3) which reads as follows:
"(3) 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.
Chapter 8.12
Mechanical Code
8.12.010 Adoption of Mechanical Code
Except as hereinafter changed or modified, the 2010 California Mechanical Code, and
Appendix A, of that certain mechanical code known as published by the California Building
Standards Commission, are hereby adopted by reference and incorporated into this Title 8 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.
Chapter 8.16
Plumbing Code
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8.16.010 Adoption of Plumbing Code
Except as hereinafter changed or modified, the 2010 California Plumbing Code, and
Appendices of that certain plumbing code as published by the California Building Standards
Commission, are hereby adopted by reference and incorporated into this Title 8 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.
Chapter 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 8 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: This ordinance shall become effective on January 1, 2011.
PASSED, APPROVED AND ADOPTED this 16th day of November, 2010.
Wallace W. Edgerton, Mayor
ATTEST: APPROVED AS TO FORM:
Kathy Bennett, City Clerk Karen Feld, City Attorney
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tAENIFEE
Wallace W.Edgerton
Mayor
Fred Twyman
Mayor Pro Tem
John V.Denver
Councilmember
Darcy Kuenzi
Councilmember STATE OF CALIFORNIA )
Scott A.Mann COUNTY OF RIVERSIDE )ss
Councilmember CITY OF MENIFEE )
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
foregoing Ordinance No. 2010-83 was duly adopted by the City Council of the City
of Menifee at a meeting thereof held on the 7th day of December, 2010 by the
following vote:
Ayes: Denver, Edgerton, Fuhrman, Kuenzi, Twyman
Noes: None
Absent: None
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 95i•679.3843
www.cityofinenifee.us