2013-135 Building Code by Reference 2013 ORDINANCE NO. 2013-135
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, ADOPTING BY REFERENCE THE 2013 EDITIONS OF THE
CALIFORNIA BUILDING CODE AS CHAPTER 8.04, CALIFORNIA
RESIDENTIAL CODE AS CHAPTER 8.05, CALIFORNIA GREEN BUILDING
CODE AS CHAPTER 8.06, CALIFORNIA ELECTRICAL CODE AS CHAPTER
8.08, CALIFORNIA MECHANICAL CODE AS CHAPTER 8.12, CALIFORNIA
PLUMBING CODE AS 8.16, AND THE 1997 EDITIONS OF THE UNIFORM
HOUSING CODE AS CHAPTER 8.18, AND THE CALIFORNIA FIRE CODE AS
CHAPTER 8.20, AND UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS AS CHAPTER 8.22, AND RELATED MODEL
CODES WITH APPENDICES AND AMENDMENTS THERETO ALL OF WHICH
COMPRISE THE BUILDING AND CONSTRUCTION CODE OF THE CITY OF
MENIFEE.
WHEREAS, the California Building Standards Commission has adopted
and published the 2013 California Building Standards Code ("CBSC"), codified in
Title 24 of the California Code of Regulations; and
WHEREAS, the 2013 CBSC contains, amongst other parts, the California
Building Code (Title 24, Part 2), California Residential Code (Title 24, Part 2.5),
California Electrical Code (Title 24, Part 3), California Mechanical Code (Title 24,
Part 4), California Plumbing Code (Title 24, Part 5), California Fire Code (Title 24,
Part 9), and California Green Building Standards Code ["CALGreen Code"] (Title
24, Part 11); and
WHEREAS, the 2013 CBSC becomes effective January 1, 2014; and
WHEREAS, Sections 17922, 17958, 18941.5, and 13869 of the California
Health & Safety Code provide that the governing body of every city or county
shall adopt ordinances or regulations imposing the same requirements as those
contained in the most recently adopted version of the CBSC; and
WHEREAS, the City Council of the City of Menifee (the "City") wishes to
update the rules and regulations governing building and construction in the City
limits to reflect the 2013 CBSC, as well as to make modifications to certain
building standards and administrative provisions necessary to carryout the
application of the CBSC; and
WHEREAS, Sections 17958, 17958.5, 17958.7, 18941.5, and 13869 of
the California Health & Safety Code provide that a city or county may make such
changes or modifications to the building standards contained within the CBSC
which the governing body has expressly found are reasonably necessary
because of local climatic, geological, or topographical conditions; and
WHEREAS, the City Council is not required to make any express findings
for administrative amendments necessary to carryout the application of the
CBSC and/or that do not otherwise modify a building standard; and
The City Council of the City of Menifee does hereby ordain as
follows:
SECTION 1. Findings. The City of Menifee hereby finds and determines it is
reasonably necessary to adopt local amendments to the 2013 CBSC due to local
climatic, geological or topographical conditions.
a. Climatic Conditions:
i. The City of Menifee is located in Riverside County. The
base climate in Riverside County consists of semi-arid
Mediterranean weather patterns. Areas outside of the
mountain terrain annually experience extended periods of
high temperatures with little or no precipitation. Hot, dry
winds, which may reach speeds of 70 M.P.H. or greater, are
common to the area. Examples are: Santa Ana/ Foehn
winds, afternoon surface-heating generated winds, and
prevailing desert winds.
These climatic conditions cause extreme drying of
vegetation and common building materials. Frequent
periods of drought and low humidity add to the fire danger.
This predisposes the area to large destructive fires
(conflagration) which necessitates rapid identification,
locating and extinguishment of all fires in the smallest stage
possible. In addition to directly damaging or destroying
buildings, these fires are also prone to disrupt utility services
throughout Riverside County. Obstacles generated by a
strong wind, such as fallen trees, street lights and utility
poles, will greatly impact the response time to reach an
incident scene. During these winds, the inability to use
aerial type firefighting apparatus would further decrease our
ability to stop fires in large buildings and place rescue
personnel at increased risk of injury.
ii. Although Riverside County and the City of Menifee
occasionally experiences periods of significant drought, this
area can also experience periods of substantial rainfall.
When experiencing heavy rain, or rain over a period of days
or weeks, this area is subject to flooding. Runoff from rain
drains either naturally into rivers, washes, and creeks or into
flood control facilities. Flash flooding is typically associated
with short duration, high intensity precipitation events often
associated with summer thunderstorms. Such events can
occur even during a drought.
iii. Water demand in Riverside County and the City of Menifee
far exceeds the quantity supplied by natural precipitation;
and although the population continues to grow, the already-
taxed water supply does not. California is projected to
increase in population by nearly 10 million over the next
quarter of a century with 50 percent of that growth centered
in Southern California where the City of Menifee is located.
Due to storage capacities and consumption, and a limited
amount of rainfall, future water allocation is not fully
dependable. This necessitates the need for additional and
on-site fire protection features. It would also leave tall
buildings vulnerable to uncontrolled fires due to a lack of
available water and an inability to pump sufficient quantities
of available water to floors in a fire.
iv. These dry climatic conditions and winds contribute to the
rapid spread of even small fires originating in high-density
housing or vegetation. These fires spread very quickly and
create a need for increased levels of fire protection. The
added protection of fire sprinkler systems and other fire
protection features such as identification and notification will
supplement normal fire department response by providing
immediate protection for the building occupants and by
containing and controlling the fire spread to the area of
origin. Fire sprinkler systems will also reduce the use of
water for firefighting by as much as 50 to 75 percent.
b. Topographical conditions
i. Natural: Riverside County is mixed with congested urban
areas, rural lands and wild lands. A large number of
sensitive habitats for various animal species and vegetation
consist within large open space areas between major urban
centers that impact building and structure location, which
impedes emergency access and response. This variety in
regions contributes to an increased emergency response
time, which necessitates cooperation between local
agencies.
ii. Traffic and circulation congestion is an artificially created,
obstructive topographical condition, which is common
throughout Riverside County.
iii. These topographical conditions combine to create a
situation, which places fire department response time to fire
occurrences at risk, and makes it necessary to provide
automatic on-site fire-extinguishing systems and other
protection measures to protect occupants and property.
c. Geological Conditions
Located within Riverside County are several known active and
potentially active earthquake faults, including the San Andreas, San
Jacinto, and Elsinore Fault. In the event of an earthquake, the
location of the epicenter as well as the time of day and season of
the year would have a profound effect on the number of deaths and
casualties, as well as property damage.
The major form of direct damage from most earthquakes is damage
to construction. Bridges are particularly vulnerable to collapse, and
dam failure may generate major downstream flooding. Buildings
vary in susceptibility, dependent upon construction and the types of
soils on which they are built. Earthquakes destroy power and
telephone lines; gas, sewer, or water mains; which, in turn, may set
off fires and/or hinder firefighting or rescue efforts. The hazard of
earthquakes varies from place to place, dependent upon the
regional and local geology. Ground shaking may occur in areas 65
miles or more from the epicenter (the point on the ground surface
above the focus). Ground shaking can change the mechanical
properties of some fine grained, saturated soils, where upon they
liquefy and act as a fluid (liquefaction).
i. Previous earthquakes in southern California have been
accompanied by disruption of traffic flow and fires. A severe
seismic event has the potential to negatively impact any
rescue or fire suppression activities because it is likely to
create obstacles similar to those indicated under the high
wind section above. With the probability of strong
aftershocks there exists a need to provide increased
protection for anyone on upper floors of buildings.
ii. Road circulation features located throughout Riverside
County also make amendments reasonably necessary.
Located through Riverside County are major roadways,
highways and flood control channels that create barriers and
slow response times. Hills, slopes, street and storm drain
design accompanies with occasional heavy rainfall, causes
roadway flooding and landslides and at times may make an
emergency access route impassable. There are areas in
Riverside County that naturally have extended emergency
response times that exceed the 5 minute goal.
California Health and Safety Code Section 17958.7 requires that the
modification or change be expressly marked and identified as to which
each finding refers. Therefore the City Council finds that the following
table sets forth the 2013 CBSC codes and sections that have been
modified and the associated local climatic, geological and/or topographical
conditions described above supporting the modification.
2013 Fire Code Findings a, b & c
Sections
308.1.6.3 a & c
503.1.1 a, b & c
503.2.2 a, b & c
503.3 a, b & c
503.7 a, b & c
504.1 a, b & c
507.5.5 a, b & c
507.5.7 a, b & c
507.5.8 a, b & c
508.1 a, b & c
606.10.1.2 b & c
903.2 a, b & c
903.3.5.3 a & b
3204.2.1 a, b & c
B105.2 a, b & c
C102.1 a, b & c
SECTION 2. Repeal and Readoption. Chapters 8.04, 8.05, 8.06, 8.08, 8.12,
8.16, 8.18, and 8.20 of the Menifee Municipal Code ("MMC') are hereby repealed
in their entirety; however, such repeal shall not affect or excuse any violation of
said chapters that occurred prior to the effective date of this ordinance, nor shall
such repeal impede, impact, or negate any administrative civil, or criminal
enforcement of said chapters that occurred prior to the effective date of this
ordinance. MMC Chapters 8.04, 8.05, 8.06, 8.12, 8.16, 8.18, and 8.20 are
hereby readopted to read as follows:
CHAPTER 8.04: BUILDING CODE
8.04.010 Adoption by reference
8.04.020 Fees
8.04.030 Board of Appeals
8.04.040 Permits
8.04.050 Fences
8.04.060 Permit Expiration
8.04.070 Use and Occupancy
8.04.080 Definitions
8.04.090 Grading Standards
§ 8.04.010 ADOPTION BY REFERENCE
Except as hereinafter changed or modified, the 2013 California Building Code as
published by the State Building Standards Commission, including all of its
chapters (including Chapters 1 through 35), tables, indices, addendas, footnotes,
and appendices (including appendices A through M), are hereby adopted by
reference as the Menifee Building Code and incorporated into this title. A copy of
the 2013 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, Division I, § 1.8.4.2.1, is hereby added to read as follows:
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.
(A) Chapter 1, Division I, § 1.8.8, is hereby amended by adding the following
subsections:
1.8.8.1.1 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.
1.8.8.1.2 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 does not have the authority to interpret the administrative provisions of
the Building Code, nor shall the Board have any authority to waive
requirements of this code.
1.8.8.1.3 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.
1.8.8.1.4 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.
§8.04.040 PERMITS.
Chapter 1, Division II, §105.1, is hereby amended to read as follows:
105.1 Permits Required. No person shall construct, erect, enlarge, alter,
repair, move, improve, demolish, or change the occupancy of a building or
structure, or erect, install, connect, enlarge, alter, repair, remove, convert or
replace any electrical, gas, mechanical or plumbing system, the installation of
which is regulated by this code, or to cause, permit, or suffer any such work to
be done, without having first obtained a separate and valid permit for each
such building, structure, or system from the building official.
§ 8.04.050 FENCES.
Chapter 1, Division II, § 105.2, subsection 2 under "Building" is hereby amended
to read as follows:
2. Chain link, wood, or other similar fences not over seven (7) feet high, and
masonry block walls less than three (3) feet high.
§8.04.060 PERMIT EXPIRATION
(A) Chapter 1, Division ll, §105.5 is hereby amended to read as follows:
105.5 Permit Expiration. Except as set forth in Section 105.5.1, every
permit issued by the building official shall expire by limitation and become
null and void unless the work on the site authorized by such permit is
commenced within 180 calendar days from its issuance. If the work
authorized on the site by such permit is commenced within180 days from its
issuance date, such permit shall expire by limitation and become null and
void 180 calendar days after the last successful inspection. The building
official is authorized to grant, in writing, one or more extensions of time, for
periods not more than 180 days each. The extension shall be requested in
writing and good cause demonstrated. In no event shall any permit be
extended, nor shall any permit otherwise be valid, for any period exceeding
three (3) years from the original date of issuance.
(B) Chapter 1, Division II, §105.5.1 is hereby added to read as follows:
105.5.1 Expiration of Permit for Unpermitted Structure. Notwithstanding
Section 105.5, any permit issued in order to bring an unpermitted structure
(as that term is defined in Section 202 of this Code) or other unlawful,
substandard, or hazardous condition into compliance with any applicable
law, ordinance, rule, or regulation shall expire by limitation and become null
and void 90 calendar days from the date of its issuance. The building official
may extend the validity of the permit for a period not exceeding 90 calendar
days beyond the initial 90-day limit upon the written request by the applicant
and good cause demonstrated filed with the building official prior to the
expiration date of the original permit.
§8.04.070 USE AND OCCUPANCY
Chapter 1, Division Il, §111.1 is hereby amended to read as follows:
111.1 Use and occupancy. No person shall use, occupy, or maintain, or
allow the use or occupancy of, any unpermitted structure. No building or
structure shall be used or occupied, and no change in the existing
occupancy classification of a building or structure or portion thereof shall be
made, until the building official has issued a certificate of occupancy therefor
as provided herein. 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 other ordinances of the
jurisdiction shall not be valid.
§8.04.080 DEFINITIONS
Chapter 2, §202 is hereby amended to include the following:
SUCCESSFUL INSPECTION shall mean a required inspection (as set
forth in Section 110.3 of this Code) in which work inspected was
determined by the Building Official or designee thereof to meet all
applicable minimum Code requirements and the inspection was
approved and documented as successful.
UNPERMITTED STRUCTURE shall be defined as any structure, or
portion thereof, that was erected, constructed, enlarged, altered,
repaired, moved, improved, removed, connected, converted,
demolished or equipped, at any point in time, without the required
approval(s) and permit(s) having first been obtained from the Building
Official, or pursuant to a permit which subsequently expired and
became null and void before receiving final approval from the Building
Official.
§ 8.04.090 GRADING STANDARDS.
Section J102.1 ("Definitions") of Appendix J ("Grading") of the 2013 California
Building Code is hereby amended to include the following:
Building official. For purposes of Appendix J, building official shall mean
the Director of Public Works for the City of Menifee (or designee thereof).
CHAPTER 8.05: RESIDENTIAL CODE
8.05.010 Adoption of the California Residential Code
8.05.020 Fees
8.05.030 Board of Appeals
8.05.040 Permits
8.05.050 Fences
8.05.060 Permit Expiration
8.05.070 Use and Occupancy
8.05.080 Definitions
§ 8.05.010 ADOPTION OF THE CALIFORNIA RESIDENTIAL CODE.
(A) Except as hereinafter modified or changed, the 2013 California Residential
Code published by the State Building Standards Commission, including all of its
chapters (including Chapters 1 through 44), tables, indices, addendas, footnotes
and appendices (including appendices A through Q), is hereby adopted by
reference as the Menifee Residential Code and incorporated into this title.
(B) A copy of the 2013 California Residential Code shall be on file in the office
of the City Clerk.
§ 8.05.020 FEES
Chapter 1, Division I, § 1.8.4.2.1, is hereby added and read as follows:
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.
§ 8.05.030 BOARD OF APPEALS.
(A) Chapter 1, Division I, § 1.8.8, is hereby amended by adding the following
subsections:
1.8.8.1.1 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.
1.8.8.1.2 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 does not have the authority to interpret the administrative
provisions of the Building Code, nor shall the Board have any authority to
waive requirements of this code.
1.8.8.1.3 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.
1.8.8.1.4 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.
§8.05.040 PERMITS
Chapter 1, Division II, §R105.1, is hereby amended to read as follows:
R105.1 Permits Required. No person shall construct, erect, enlarge, alter,
repair, move, improve, demolish, or change the occupancy of a building or
structure; or erect, install, connect, enlarge, alter, repair, remove, convert or
replace any electrical, gas, mechanical or plumbing system, the installation of
which is regulated by this code; or to cause, permit, or suffer any such work to
be done, without having first obtained a separate and valid permit for each
such building, structure, or system from the building official.
§ 8.05.050 FENCES.
Chapter 1, Division II, § R105.2, subsection 2 under 'Building" is hereby
amended to read as follows:
2. Chain link, wood, or other similar fences not over seven (7) feet high, and
masonry block walls less than three (3) feet high.
§8.05.060 PERMIT EXPIRATION.
(C) Chapter 1, Division II, §R105.5 is hereby amended to read as follows:
R105.5 Permit Expiration. Except as set forth in Section 105.5.1, every
permit issued by the building official shall expire by limitation and become
null and void unless the work on the site authorized by such permit is
commenced within 180 calendar days from its issuance. If the work
authorized on the site by such permit is commenced within180 days from its
issuance date, such permit shall expire by limitation and become null and
void 180 calendar days after the last successful inspection. The building
official is authorized to grant, in writing, one or more extensions of time, for
periods not more than 180 days each. The extension shall be requested in
writing and good cause demonstrated. In no even shall any permit be
extended, nor shall any permit be valid, for any period exceeding three (3)
years from the original date of issuance.
(D) Chapter 1, Division II, §105.5.1 is hereby added to read as follows:
R105.5.1 Expiration of Permit for Unpermitted Structure.
Notwithstanding Section 105.5, any permit issued in order to bring an
unpermitted structure (as that term is defined in Section R202 of this Code)
or other unlawful, substandard, or hazardous condition into compliance with
any applicable law, ordinance, rule, or regulation shall expire by limitation
and become null and void 90 calendar days from the date of its issuance.
The building official may extend the validity of the permit for a period not
exceeding 90 calendar days beyond the initial 90-day limit upon the written
request by the applicant and good cause demonstrated filed with the building
official prior to the expiration date of the original permit.
§8.05.070 USE AND OCCUPANCY.
Chapter 1, Division II, §R110.1 is hereby amended to read as follows:
R110.1 Use and occupancy. No person shall use, occupy, or maintain, or
allow the use or occupancy of, any unpermitted structure. No building or
structure shall be used or occupied, and no change in the existing
occupancy classification of a building or structure or portion thereof shall be
made, until the building official has issued a certificate of occupancy therefor
as provided herein. 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 other ordinances of the
jurisdiction shall not be valid.
§8.05.080 DEFINITIONS.
Chapter 2, §R202 is hereby amended to include the following:
SUCCESSFUL INSPECTION shall mean a required inspection (as set
forth in Section R109 of this Code) in which work inspected was
determined by the Building Official or designee thereof to meet all
applicable minimum Code requirements and the inspection was
approved and documented as successful.
UNPERMITTED STRUCTURE shall be defined as any structure, or
portion thereof, that was erected, constructed, enlarged, altered,
repaired, moved, improved, removed, connected, converted,
demolished or equipped, at any point in time, without the required
approval(s) and permit(s) having first been obtained from the Building
Official, or pursuant to a permit which subsequently expired and
became null and void before receiving final approval from the Building
Official.
CHAPTER 8.06: GREEN BUILDING CODE
8.06.010 Adoption of the Green Building Standards Code
§ 8.06.010 ADOPTION OF THE GREEN BUILDING CODE.
(A) Except as hereinafter modified or changed, the 2013 California Green
Building Standards Code published by the State Building Standards Commission,
including all of its chapters (including Chapters 1 through 8), tables, indices,
addendas, footnotes and appendices (including appendices A4 through A6.1), is
hereby adopted by reference as the Menifee Green Building Code and
incorporated into this title.
(B) A copy of the 2013 California Green Building Standards Code shall be on
file in the office of the City Clerk.
CHAPTER 8.08: ELECTRICAL CODE
8.08.010 Adoption of Electrical Code
8.08.020 Commercial projects
§ 8.08.010 ADOPTION OF ELECTRICAL CODE.
Except as hereinafter changed or modified, the 2013 California Electrical Code
as published by the State Building Standards Commission, including all of its
chapters (including Chapters 1 through 9), tables, indices, appendices (including
appendices A through 1), addendas, annexes, and footnotes is hereby adopted
by reference as the Menifee Electrical Code and incorporated into this title.
§ 8.08.020 COMMERCIAL PROJECTS.
(A) Annex H, § 80.19 (A) 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.
(B) A copy of the California Electrical Code, including the above-designated
appendix, shall be on file in the office of the City Clerk.
CHAPTER 8.12: MECHNICAL CODE
8.12.010 Adoption of Mechanical Code
§ 8.12.010 ADOPTION OF MECHANICAL CODE.
(A) Except as hereinafter changed or modified, the 2013 California Mechanical
Code as published by the State Building Standards Commission, including all of
its chapters (including Chapters 1 through 17), tables, indices, addendas,
footnotes and appendices (including appendices A through G), are hereby
adopted by reference as the Menifee Mechanical Code and incorporated into
this title.
(B) A copy of the California Mechanical Code, including the above-designated
appendix, shall be on file in the office of the City Clerk.
CHAPTER 8.16: PLUMBING CODE
8.16.010 Adoption of Plumbing Code
§ 8.16.010 ADOPTION OF PLUMBING CODE.
(A) Except as hereinafter changed or modified, the 2013 California Plumbing
Code as published by the State Building Standards Commission, including all of
its chapters (including Chapters 1 through 17), tables, indices, addendas,
footnotes and appendices (including appendices A through L), are hereby
adopted by reference as the Menifee Plumbing Code and incorporated into this
title.
(B) A copy of the 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
8.18.020 Substandard Buildings
§ 8.18.010 ADOPTION OF HOUSING CODE.
(A) Except as hereinafter modified or changed, the 1997 Uniform Housing
Code, published by the International Conference of Building Officials and
adopted as referenced in the State Housing Law, Cal. Code of Regulations Title
25, Division 1, is hereby adopted by reference as the Menifee Housing Code and
incorporated into this title.
(B) A copy of the Uniform Housing Code shall be on file in the office of the City
Clerk.
§8.18.020 SUBSTANDARD BUILDINGS
Chapter 10, Section 1001.1 is hereby amended by adding a new paragraph to
the end of the section to read as follows:
With respect to residential structures, California Health & Safety Code
Division 13, Part 1.5, Section 17920.3, et seq. (known as the "State Housing
Law") supersedes the applicability of the Uniform Housing Code to the
degree that any conflict between the State Housing Law and the Menifee
Housing Code exists.
CHAPTER 8.20: FIRE CODE
8.20.010 Adoption of Fire Code
8.20.020 Penalties
8.20.030 Liability for fires
§ 8.20.010 ADOPTION OF FIRE CODE.
(A) Except as hereinafter changed or modified, the 2013 California Fire Code
as published by the State Building Standards Commission, including all of
its chapters (including Chapters 1 through 80), tables, indices, addendas,
footnotes and appendices (including appendices A through C and E
through H), are hereby adopted by reference and incorporated into this
title.
(B)Chapter 1, Division II, §103.2 is hereby deleted in its entirety.
(C)Chapter 1, Division ll, §103.4 is hereby amended to add §103.4.2 to read as
follows:
103.4.2 Cost Recovery. Fire suppression, investigation, rescue or
emergency medical costs are recoverable in accordance with Health and
Safety Code Sections 13009 and 13009.1, as amended. Additionally, any
person who negligently, intentionally or in violation of law causes an
emergency response, including, but not limited to, a traffic accident, spill of
toxic or flammable fluids or chemicals is liable for the costs of securing such
emergency, including those costs pursuant to Government Code Section
53150, et seq, as amended. Any expense incurred by the Riverside County
Fire Department for securing such emergency shall constitute a debt of such
person and shall be collectable by Riverside County in the same manner as in
the case of an obligation under contract, express or implied.
(D)Chapter 1, Division ll, §104.3 is hereby amended to add §104.3.2 to read as
follows:
104.3.2 Authority of the Fire Chief and Fire Department.
1. The Fire Chief is authorized and directed to enforce all applicable State
fire laws and provisions of this Municipal Code and to perform such duties
as directed by the City Council.
2. The Fire Chief is authorized to administer, interpret and enforce this
ordinance. Under the Fire Chief's direction, the Riverside County Fire
Department is authorized to enforce the City of Menifee Municipal Code
pertaining to the following:
2.1.The prevention of fires.
2.2.The suppression or extinguishment of dangerous or hazardous
fires.
2.3.The storage, use and handling of hazardous materials.
2.4.The installation and maintenance of automatic, manual and other
private fire alarm systems and fire extinguishing equipment.
2.5.The maintenance and regulation of fire escapes.
2.6.The maintenance of fire protection and the elimination of fire
hazards on land, in buildings, structures and other property,
including those under construction.
2.7.The maintenance of means of egress.
2.8.The investigation of the cause, origin and circumstances of fire and
unauthorized releases of hazardous materials.
3. The following persons are hereby authorized to interpret and enforce the
provisions of this ordinance and to make arrests and issue citations as
authorized by law:
3.1.The Unit Chief, Peace Officers and Public Officers of the California
Department of Forestry and Fire Protection.
3.2.The Fire Chief, Peace Officers and Public Officers of the Riverside
County Fire Department,
3.3.The Riverside County Sheriff and any deputy sheriff.
3.4.The Police Chief and any Police Officer of any city served by the
Riverside County Fire Department.
3.5.Officers of the California Highway Patrol.
3.6.Code Officers of the City of Menifee Code Enforcement
Department.
(E)Chapter 1, Division II, §104 is hereby amended to add §104.12 to read as
follows:
104.12 Authority of the Fire Chief. Except upon National Forest Land, the
Fire Chief is authorized to determine and announce the closure of any
hazardous fire area or portion thereof. Any closure by the Fire Chief for a
period of more than fifteen (15) calendar days must be approved by the Board
of Supervisors and/or City Council, whichever has jurisdiction, within fifteen
(15) calendar days of the Fire Chief's original order of closure. Upon such
closure, no person shall go in or be upon any hazardous fire area, except
upon the public roadways and inhabited areas. During such closure, the Fire
Chief shall erect and maintain at all entrances to the closed area sufficient
signs giving notice of closure. This section shall not prohibit residents or
owners of private property within any closed area, or their invitees, from going
in or being upon their lands. This section shall not apply to any entry, in the
course of duty, by a peace officer, duly authorized public officer or fire
department personnel.
(F) Chapter 1, Division II, §109.4 is hereby deleted in its entirety.
(G)Chapter 2, §202 is hereby amended to add the following definitions:
CALIFORNIA FIRE CODE. The 2013 Fire Code part of the California
Building Standard Code, also known as California Code of Regulations, Title
24, Part 9.
CALIFORNIA RESIDENTIAL CODE. California Code of Regulations, Title
24, Part 2.5.
FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief's
designee.
FIRE PROTECTION ENGINEER. A professional engineer with the education
and experience to understand the engineering problems related to
safeguarding life and property from fire and fire-related hazards, to identify,
evaluate, correct or prevent present or potential fire and fire related panic
hazards in buildings, groups of buildings, or communities, and to recommend
the arrangement and use of fire resistant building materials and fire detection
and extinguishing systems, devices, and apparatus in order to protect life and
property.
HAZARDOUS FIRE AREA. Private or public land not designated as state or
local fire hazard severity zone (FHSZ) which is covered with grass, grain,
brush or forest and situated in a location that makes suppression difficult
resulting in great damage. Such areas are designated on Hazardous Fire
Area maps filed with the office of the Fire Chief.
RIVERSIDE COUNTY SHERIFF'S DEPARTMENT. The police department
of the city of Menifee as established and maintained by direction of the city
council from time to time.
SKY LANTERN. An airborne lantern typically made of paper, Mylar, or other
lightweight material with a wood, plastic, or metal frame containing a candle,
fuel cell, or other heat source that provides buoyancy.
(H)Chapter 3, §308.1.6 is hereby amended to add new section 308.1.6.3 to read
as follows:
Section 308.1.6.3 Sky Lanterns or similar devices. The ignition and/or
launching of a Sky Lantern or similar device are prohibited.
Exception: Upon approval of the fire code official, sky lanterns may be
used as necessary for religious or cultural ceremonies providing that
adequate safeguards have been taken as approved by the fire code
official. Sky Lanterns must be tethered in a safe manner to prevent them
from leaving the area and must be constantly attended until extinguished.
(1) Chapter 4, §404.2 is hereby amended to add §16 to read as follows:
16. Windowless buildings having an occupant load of fifty (50) or more.
(J) Chapter 5, §503.1.1 is hereby amended to add the following exceptions:
Exception. Where approved by the fire code official, fire apparatus
access roads shall be permitted to be exempted or modified for solar
photovoltaic power generation facilities.
(K) Chapter 5, §503.2.2 is hereby amended to read as follows:
503.2.2 Authority. The fire code official shall be the only authority authorized
to designate fire apparatus access roads, fire lanes and modify the minimum
fire lane access widths for fire or rescue operations.
(L) Chapter 5, §503.3 is hereby amended to read as follows:
503.3 Marking. Fire apparatus access roads, where required, shall be
identified by curbs painted red on both the top and face along the entire
length of the fire apparatus access road. Where no curbs exists or a rolled
curb is installed, a six (6) inch wide red strip shall be applied the full length of
the fire apparatus access road or approved posted signs shall be installed in
accordance with the Riverside County Fire Department Standards.
Exception: On school grounds this requirement shall be implemented as
approved by the fire code official.
(M)Chapter 5, §503 is hereby amended to add a new §503.7 to read as follows:
503.7 Loading areas and passenger drop-off areas. On private properties,
where fire apparatus access roads are utilized for loading or unloading or
utilized for passenger drop-off or pick-up, an additional eight (8) feet of width
shall be added to the minimum required width for the fire apparatus access
road.
(N)Chapter 5, §504.1 is hereby amended to add the following language to the
end of the first paragraph:
Where ground ladder access is the only means to reach the highest point on
the building, the finished grade on all exterior sides of buildings shall be flat
and free of any obstructions that would interfere with ground ladder
placement. This distance from the building to finished grade shall be
determined by the Fire Chief.
(0)Chapter 5, §507.5.5 is hereby amended to read as follows:
507.5.5 Clear Space Around Hydrants. A 3-foot (914 mm) clear space shall
be maintained around the circumference of fire hydrants, Fire Department
connections, exterior fire protection system control valves, or any other
exterior fire protection system component that may require immediate access,
except as otherwise required or approved.
(P)Chapter 5, §507.5 is hereby amended to add new §507.5.7 to read as follows:
507.5.7 Fire hydrant size and outlets. Fire hydrant size and outlets shall be
required as determined by the fire code official.
1. Residential Standard—one (1) four (4) inch outlet, and one (1) two and
one half (2 '/z) inch outlet.
2. Super Hydrant Standard—one (1) four (4) inch outlet, and two (2) two
and one half (2 '/z) inch outlet.
3. Super Hydrant Enhanced—two (2) four (4) inch outlet, and one (1) two
and one half (2 Yz) inch outlet.
(Q)Chapter 5, §507.5 is hereby amended to add new §507.5.8 to read as follows:
507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually
indicated in accordance with Riverside County Fire Department Std. 06-11.
Any hydrant marker damaged or removed during the course of street
construction or repair shall be immediately replaced by the contractor,
developer, or person responsible for the removal or damage.
(R)Chapter 5, §508.1 is hereby amended to read as follows:
Where required by other sections of this code and in all buildings classified as
high-rise buildings by the California Building Code, and buildings greater than
300,000 square feet in area, and Group 1-2 occupancies having occupied
floors located more than 75 feet above the lowest level of fire department
vehicle access, a fire command center for fire department operations shall be
provided and shall comply with Sections 508.1 through 508.1.5.
(S) Chapter 5, §508.1.3 is hereby amended to add the following exceptions:
Exception: When solely required due to building area greater than
300,000 square feet, the fire command center shall be a minimum of 96
square feet (9 m2) with a minimum dimension of 8 feet (2438 mm)
(T) Chapter 5, §508.1.5 is hereby amended to add the following exception as
follows:
Exception: When solely required due to building area greater than
300,000 square feet, the fire command center shall comply with NFPA 72
and contain features 5, 8, 10, 12, 13 & 14. All other features shall be
provided only when the building contains the respective
system/functionality.
(U)Chapter 6, §606.10.1.2 is hereby amended to read as follows:
606.10.1.2 Manual operation. When required by the fire code official,
automatic crossover valves shall be capable of manual operation. The
manual valves shall be located in an approved location immediately outside of
the machinery room, in a secure metal box or equivalent and marked as
Emergency Controls.
(V)Chapter 9, §903.2 hereby amended to read as follows:
903.2 Where required. In all new buildings and structures which are 3,600
square feet or greater an approved automatic sprinkler system shall be
provided regardless of occupancy classification. Where the California Fire
Code is requiring more restrictive requirements in Sections 903.2.1,
903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.2, 903.2.3,
903.2.4, 903.2.5, 903.2.5.2, 903.2.6, 903.2.7, 903.2.8, 903.2.9, 903.2.10,
903.2.11.6, 903.2.16, 903.2.18, the more restrictive requirement shall take
precedence. The following exceptions in the California Fire Code shall not be
allowed:
Exception in Section 903.2.3
Exception in Section 903.2.6
Exception in Section 903.2.11.3
One- and two-family dwellings shall have an automatic fire sprinkler system
regardless of square footage in accordance with the California Residential
Code. Fire sprinkler systems shall be installed in mobile homes,
manufactured homes and multifamily manufactured homes with two dwelling
units in accordance with Title 25 of the California Code of Regulations.
(W) Chapter 9, §903.3.5 is hereby amended to add §903.3.5.3 to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically
calculated fire sprinkler systems shall not exceed 90% of the water supply
capacity.
(X)Chapter 32, §3204.2 hereby amended to add §3204.2.1 to read as follows:
3204.2.1 Minimum requirements for client leased or occupant owned
warehouses. Designs of an automatic sprinkler system for client leased or
occupant owned buildings containing high pile storage shall be based on the
requirements of NFPA 13. The responsible fire protection engineer shall
perform a survey of the building to determine commodity classification,
storage configuration, building height and other information related to the
development of an appropriate sprinkler system design. The fire protection
engineer shall also make reasonable efforts to meet with the building owner
or operator to understand seasonal or customer related fluctuations to the
stored commodities, storage height, and configuration. The sprinkler design
shall be based on the most demanding requirements determined through the
onsite survey and discussions with the building owner or operator. The
technical report shall describe the basis for determining the commodity and
sprinkler design selection, how the commodities will be isolated or separated,
and include referenced design document(s), including NFPA 13 or the current
applicable factory mutual data sheets. If a specific fire test is used as the
basis of design, a copy of the fire test report shall be provided at the time of
plan review.
(Y) Chapter 49, §4904 is hereby amended to add §4904.3 to read as follows:
4904.3 High Fire Hazard Severity Zone Maps. In accordance with
Government Code Sections 51175 through 51189, Very High Fire Hazard
Severity Zones are designated as shown on a map titled Very High Fire
Hazard Severity Zones, dated April 8, 2010 and retained on file at the office of
the Fire Chief and supersedes other maps previously adopted by Riverside
County designating high fire hazard areas.
(Z)Appendix B, §6105.2, Exception 1 is hereby amended to read as follows
Exception 1: A reduction in required fire-flow of up to 50 percent, as
approved, is allowed when the building is provided with an approved
automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2. The resulting fire-flow shall not be less than 1,500 gallons per
minute (5678 L/min) for the prescribed duration as specified in Table B105.1.
(AA)Appendix C, §C102.1, is hereby amended to read as follows
C102.1 Fire hydrant locations. Fire hydrants shall be provided at street
intersections and along required fire apparatus access roads and adjacent
public streets.
(BB) Appendices D, I, J, and K are hereby deleted in their entirety.
(CC) A copy of the California Fire Code, including the above-designated
appendix, shall be on file in the office of the City Clerk.
§ 8.20.030 PENALTIES.
(A) No person shall violate, or fail to comply with, any requirements of this
chapter, the codes or ordinances adopted hereby and the terms and conditions
applicable to any license or permit granted hereunder. Unless a different penalty
is prescribed, each violation, or any failure to perform an act made mandatory by
this chapter or the codes hereby adopted, and every violation of the terms or
conditions applicable to any license or permit granted hereunder, is punishable
as provided in Title 1 of the municipal code, including, but not limited to,
enforcement by administrative citation as provided in Chapter 1.03 thereof.
(B) The violation of any of the provisions of any codes and/or ordinances
adopted in this chapter, or of any license or permit granted thereunder, shall
constitute a nuisance and may be abated by the city through civil process by
means of restraining order, preliminary or permanent injunction or in any other
manner provided by law for the abatement of the nuisances.
§ 8.20.040 LIABILITY FOR FIRES.
Any person who, or through another, willfully, negligently or in violation of law
sets a fire, allows a fire to be set, or allows a fire kindled or attended by the
person to escape from his or her control, allows any hazardous material to be
handled, stored or transported in a manner in violation of any local, state or
federal law, regulation or statute or standard, allows any hazardous material to
escape from his or her control, neglects to properly comply with any written
notice of the Fire Department, or willfully or negligently allows the continuation of
a violation of the City Fire Code, is liable for the expense of fighting the fire or for
the expense incurred during a hazardous materials incident and the expense
shall be a charge against that person. The charge shall constitute a debt of the
person and is collectible by the public agency incurring the expense in the same
manner as in the case of an obligation under a contract, expressed or implied.
SECTION 3. Dangerous Building Code. A new Chapter 8.22 ("Dangerous
Building Code") is hereby adopted to read as follows:
CHAPTER 8.22: DANGEROUS BUILDING CODE
8.22.010 Adoption of Dangerous Building Code
§ 8.22.010 ADOPTION OF DANGEROUS BUIDING CODE.
(A) Except as hereinafter modified or changed, the 1997 Uniform Code for the
Abatement of Dangerous Buildings, published by the International Conference of
Building Officials is hereby adopted by reference as the Menifee Dangerous
Building Code and incorporated into this title.
(B) A copy of the Uniform Code for the Abatement of Dangerous Buildings
shall be on file in the office of the City Clerk.
SECTION 4. References to Prior Code. Unless superseded and expressly
repealed, references in the City forms, documents and regulations to the
chapters and sections of the former City's Building and Construction Code, Title
8 of the Menifee Municipal Code, shall be construed to apply to the
corresponding provisions contained in this Ordinance of the City of Menifee and
all other ordinances or parts or ordinances in conflict herewith are hereby
superseded and expressly repealed.
SECTION 5. Severability and Validity. If any section, subsection, paragraph or
sentence of this Ordinance, or any part thereof, is for any reason found to be
unconstitutional, invalid or beyond the authority of the City of Menifee by a court
of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance.
SECTION 6. Effective Date. In accordance with California Government Code
Section 36937, this Ordinance shall take effect and be in force on the thirty-first
(315t) day after adoption.
APPROVED AND ADOPTED ON THIS 4th DAY OF MB ,R,2013.
A
Scott A. Mann, Mayor
APPROVED AS TO FORM:
Ju a Haywar ig goDq Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and
certify the attached Ordinance No. 13-135 to be the original ordinance adopted
by the City Council of the City of Menifee on and that said ordinance was
published in accordance with the law.
Date:
Kathy Bennett, City Clerk