HomeMy WebLinkAboutTC Ord 2002-12-04
ORDINANCE NO. 472 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING PROVISIONS OF CHAPTER 13
OF THE TIBURON MUNICIPAL CODE
(BUILDING REGULATIONS)
The Town Council of the Town of Tiburon does ordain as follows:
Section .1:. Findinas.
A. The Town Council has held public hearings on November 20, 2002 and
December 4, 2002, and has heard and considered any and all public
testimony on this matter.
B. The Town Council finds that all notices and procedures required by law
attendant to the adoption of this Ordinance have been followed.
C. The Town Council finds that the amendments made by this Ordinance are
necessary for the protection of the public health, safety, and welfare.
D. The Town Council has found that the amendments made by this Ordinance
are consistent with the goals and policies of the Tiburon General Plan and
other adopted ordinances and regulations of the Town of Tiburon.
E. The Town Council finds that this project is categorically exempt from the
requirements of the California Environmental Quality Act per Section 15308
of the CEQA Guidelines.
Section 2. Amendment.
A. Section 13-4.1, first paragraph, of the Tiburon Municipal.Code is amended
to read as follows:
The Building Code of the Town shall be the California Building Code,
2001 edition, Volume I and Volume II, the appendices thereof (except
as otherwise provided herein), and the California Building Code
Standards, 2001 edition, published by the International Conference of
Building Officials, on file in the office of the Town Clerk, which Codes
are hereby referred to, adopted and made a part hereof as if fully set
forth herein, subject, however, to the following exceptions:
Town ofTiburon Ordinance No. 472 N.S. Effective 1/3/2003 Page 1
B. Section 13-4.1, subsection (c), is amended to read as follows:
Section 107.5.2 is amended to read as follows:
Fines and penalties for work without a permit shall be those
adopted by Resolution of the Town Council (Schedule of
Fines).
C. Section 13-4.2 of the Tiburon Municipal Code is amended to read as follows:
The Plumbing Code of the Town shall be the California Plumbing
Code, 2001 edition, including appendices, as published by the
International Association of Plumbing and Mechanical Officials, on file
with the office of the Town Clerk, which Code is hereby referred to,
adopted, and made a part hereof as if fully set forth herein, subject,
however, to the following exceptions:
(a) Table 1-1 (Schedule of Fees) is deleted.
(b) Section 701.1.2 shall be amended to read as follows:
ABS and PVC DIJIN piping installations shall be limited
to residential construction not more than two stories in
height.
The Town's reasons for this amendment are that the California
Plumbing Code does not allow plastics in other uses, environmental
review on this topic has not been performed, and because of the
types and frequency of required fire assemblies in other types of
buildings, the use of plastics may be a fire hazard.
D. Section 13-4.3 of the Tiburon Municipal Code is amended to read as follows:
The Electrical Code of the Town shall be the California Electrical
Code, 2001 edition, as published by the National Fire Prevention
Association, on file with the office of the Town Clerk, which Code is
hereby referred to, adopted and made a part hereof as if fully set forth
herein.
E. Section 13-4.4 of the Tiburon Municipal Code is amended to read as follows:
The Fire Prevention Code of the Town shall be the California Fire
Code, 2001 edition, as published by the International Conference of
Town of Tiburon Ordinance No. 472 N.S. Effective 1/3/2003 Page 2
Building Officials and the Western Fire Chiefs Association, as
modified by the most recently adopted Tiburon Fire Protection District
and Southern Marin Fire Protection District ordinances, which Code
and ordinances are hereby referred to, adopted, and made a part
hereof as if fully set forth herein. Copies of said Code and ordinances
are on file with the office of the Town Clerk.
F. Section 13-4.5 of the Tiburon Municipal Code is amended to read as follows:
The Housing Code of the Town shall be the California Housing Code,
2001 edition, as published by the International Conference of Building
Officials, on file with the office of the Town Clerk, which Code is
hereby referred to, adopted and made a part hereof as if fully set forth
herein.
G. Section 13-4.6 of the Tiburon Municipal Code is amended to read as follows:
The Mechanical Code of the Town shall be the California Mechanical
Code, 2001 edition, as published by the International Conference of
Building Officials, on file with the office of the Town Clerk, which
Code is hereby referred to, adopted and made a part hereof as if fully
set forth herein, except that Table No. 1-1 (Mechanical Permit Fees)
is deleted.
H. Section 13-4.7 of the Tiburon Municipal Code is amended to read as follows:
The Dangerous Building Code of the Town shall be the California
Code for the Abatement of Dangerous Buildings, 2001 edition, as
published by the International Conference of Building Officials, on file
with the office of the Town Clerk, which Code is hereby referred to,
adopted and made a part hereof as if fully set forth herein.
I. Section 13-4.8 of the Tiburon Municipal Code is amended to read as follows:
The Swimming Pool Code of the Town shall be the California
Swimming Pool, Spa, and Hot Tub Code, 2001 edition, as published
by the International Association of Plumbing and Mechanical Officials,
on file with the office of the Town Clerk, which Code is hereby
referred to, adopted and made a part hereof as if fully set forth herein,
except that:
(a) Section 1.11 is deleted.
(b) The first paragraph of Section 1.7 is deleted.
Town of Tiburon Ordinance No. 472 N.S. Effective] /3/2003 Page 3
J. Section 13-4.9 of the Tiburon Municipal Code is amended to read as follows:
The Energy Code of the Town shall be the California Energy Code,
2001 edition, and the appendices thereof, as published by the
International Association of Plumbing and Mechanical Officials, on file
with the office of the Town Clerk, which Code and appendices are
hereby referred to, adopted and made a part hereof as if fully set forth
herein, except that the first paragraph of Section 20.3 is deleted.
K. Section 13-4.10 of the Tiburon Municipal Code is added to read as follows:
The Building Conservation Code of the Town shall be the California
Code for Building Conservation, 2001 edition, incorporating by
adoption the 1997 edition of the Uniform Code of Building
Conservation of the International Conference of Building Officials with
necessary California amendments, on file with the office of the Town
Clerk, which Code is hereby referred to, adopted and made a part
hereof as if fully set forth herein.
L. Section 13-4.11 of the Tiburon Municipal Code is added to read as follows:
The Building Standards Code of the Town shall be the California
Building Standards Code, California Code of Regulations, 2001
edition, Title 24, Parts 7 (Elevator Safety Code), 8 (Historical Building
Code), 10 (Building Conservation Code), and 12 (Referenced
Standards Code), as published by the International Conference of
Building Officials, on file with the office of the Town Clerk, which
Code is hereby referred to, adopted and made a part hereof as if fully
setforth herein.
M. Section 13-4.12 of the Tiburon Municipal Code is added to read as follows:
The Administrative Code of the Town shall be the California Building
Standards Administrative Code, California Code of Regulations, Title
24, Part 1, 2001 edition, as published by the International Conference
of Building Officials, on file with the office of the Town Clerk, which
Code is hereby referred to, adopted and made a part hereof as if fully
setforth herein.
N. Section 13-5 of the Tiburon Municipal Code is amended to read as follows:
Refer to Chapter 130 of the Tiburon Town Code for regulations
concerning construction in flood hazard zones.
O. Section 13-6, subsection (c) (1) ofthe Tiburon Municipal Code is deleted.
Town of Tiburon Ordinance No. 472 N.S. Effective 1/3/2003 Page 4
Section 3. Severability.
If any section, subsection, clause, sentence, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of a Court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of the Ordinance. The Town Council of the Town of Tiburon hereby
declares that it would have passed this Ordinance, any section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty days after the date of
passage, and before the expiration of fifteen (15) days after passage by the Town
Council, a copy of the ordinance shall be published with the names of the members
voting for and against it at least once in a newspaper of general circulation
published in the Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of
the Town of Tiburon on November 20,2002, and was adopted at a regular meeting
of the Town Council of the Town of Tiburon on December 4, 2002, which was
noticed pursuant to Government Code Section 50022.3, by the following vote:
AYES: Councilmembers: Berger, Fredericks, Gram, Slavitz, Thompson
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATT"!1tf; ....
DIANECiWiE'&.ifOWN CLERK
Iwpdocslreso/chap 13 2002codesamend2.ord.doc
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