Council Agenda - City of Burbank

Tuesday, May 24, 2005

Agenda Item - 10

 

 
 
 

 

DATE: May 24, 2005
TO: Mary J. Alvord, City Manager
FROM:

Susan M. Georgino, Community Development Director

By:  John Cheng, Assistant Community Development Director/ Building Official
SUBJECT: ADOPTION OF THE 2004 CALIFORNIA ELECTRICAL CODE AND REVISIONS TO CHAPTER 7 OF THE BURBANK MUNICIPAL CODE

PURPOSE

 

The proposed amendments provide updates to the Burbank Municipal Code by:

  1. Adopting the 2004 edition of the California Electrical Code, and

  2. Modifying and adding local amendments based on local geographic, topographic, and climatic conditions, and administrative requirements, including State legislation.

BACKGROUND

 

The California Health and Safety Code requires local jurisdictions to adopt building standards, rules and regulations based on uniform model codes.  In response, the California Building Standards Commission (BSC) conducts hearings and adopts amended versions of those model codes.   This year, the Building Standards Commission has adopted the 2002 National Electrical Code.  After State adoption, these amended codes become effective at the local level on a State-specified date. 

 

The Health and Safety Code also allows local jurisdictions to make modifications and additions to the State adopted codes, provided such amendments are reasonably necessary because of climatic, geographical, or topographical conditions, or are administrative revisions to the State codes.

 

Effective Dates

 

City amendments to the State adopted codes must be enacted by the State effective date.  The effective date for local adoption of the California Electrical Code is no later than August 1, 2005. 

 

The revisions to Chapter 11 have been proposed by the Department of Housing and Community Development, but these revisions will not be reviewed by the Building Standards Commission until a later date.  However, these revisions are in response to State Senate Bill 1025 which becomes effective on July 1, 2005 and will affect the enforcement of disabled accessibility requirements to certain multi-family residential units.                                              

 

Summary of Adopted Codes AND ADDITIONAL PROVISIONS

     

2004 California Electrical Code (Article 8, Chapter 7, Burbank Municipal Code)

 

The California Electrical Code specifies the proper installation of equipment and conductors to safeguard persons and property from hazards arising from the use of electricity.

 

Through previous code cycles, the City of Burbank has not adopted the use of nonmetallic-sheathed cable.  Because the State of California, the County of Los Angeles, and the majority of other jurisdictions in the state accept the use of nonmetallic-sheathed cable, the Building Division is proposing that the California Electrical Code be adopted in its entirety, including Article 334, �Nonmetallic-Sheathed Cable: Types MN, NMC, and NMS�.   

 

Section 7-1-106.4.1  Permit Issuance.

 

The Business and Professions Code (Section 5537) specifies which projects may be designed by unlicensed individuals.  However, Section 106.4.1 does not currently specify which permits may be issued   to an owner and which must be issued to a licensed contractor.  This amendment applies the same restrictions to permit issuance that the State has applied to project design and document preparation.  This is similar to the City�s requirement, which has been in effect for many years, that requires permits for commercial and multi-family electrical, plumbing and mechanical work to be issued only to a licensed contractor.  Under this revision, unlicensed individuals may be issued a permit for:

  1. A single-family dwelling, garage, or accessory building not more than 2-stories and a basement in height.

  2. A multi-family dwelling not more than 2-stories in height, and with no more than 4-units on any lot.

  3. Non-structural or non-seismic additions and alterations.

If a project does not fall within the limitations of these definitions, the permit will only be issued to a California licensed contractor with a license to perform the proposed work.                     

 

Section 7-1-1105A Group �R� Occupancies

 

Section 1105A regulates the accessibility of covered multi-family dwellings.  As adopted in the 2001 California Building Code, the section exempts multi-story, or townhouse-style, units in non-elevator buildings from any accessibility requirements.  In buildings with elevators, the stories served by the elevator are required to contain an accessible bathroom or powder room only.

 

Senate Bill 1025 addresses this exemption by defining �discrimination� as a �failure to design and construct a covered multi-family dwelling in a manner that allows access to, and use by, disabled persons.�  Based on this definition, the revision to Chapter 7 requires the following in multi-story (townhouse-style) units consisting of four condominium units or three rental apartment units:

  1. At least one entrance on an accessible route for each unit.

  2. Accessible public and common areas.

  3.  Accessible entrances and interior paths of travel on the primary entry level.

  4. Accessible switches, outlets, thermostats and controls on the primary entry level.

  5. At least one adaptable bathroom on the primary entry level.

  6. Adaptable kitchens.      

In addition, for non-elevator buildings (elevators from a subterranean parking garage serving only the ground floor may be installed in a non-elevator building), at least 10% of the units must comply with the above requirements.

 

Section 7-102 Tents and Umbrellas

 

Section 102 establishes the requirements for permits for the temporary use of tents.  The California Fire Code also includes sections governing the use of tents for limited periods.  The revisions to Section 7-102 are administrative changes which reflect both the requirements for permitting through the Building Division and the limitations on use regulated by the Fire Department. 

 

The code section allows the Building Official and Fire Chief to approve the use of a special events tent for 60 days without a building permit, subject to inspections by the Fire Department.  If the tent is to be used over 60 days, but less than 120 days, then a building permit is required.  The revisions require that the tent is removed after the approved period.  After removal, the tent cannot be used in the same location for 60 days.  It also does not allow a tent to be used on a property for more than 180 days during any 12 month period.      

 

Section 7-1-106.2 Work Exempt From Permit

 

This section specifies work that does not require permits, such as storage sheds less than 120 sf in area, fences and residential window awnings, because these are considered to be less hazardous uses. Small tents and canopies in the rear yard of a single-family residence can fall into this category under certain circumstances.  For this exemption, tents and canopies are considered to be equivalent.

 

The proposed revision to this section would allow tents or canopies up to 200 sf to be used in the rear yard of a single-family residence, provided:

  1. The tent/ canopy does not encroach into the front yard, side yard or rear yard setbacks, or cover the required back-up area for the garage.

  2. The tent/ canopy maintains the required separation defined in the BMC (6� separation between structures).  The tent/ canopy may be adjacent to a detached garage, but cannot be closer than 6� to the dwelling, or, if adjacent to the dwelling, cannot be closer than 6� to a detached garage.

  3. Two tents/ canopies separated by less than 6� will be considered at their combined area, which cannot exceed 200 sf.

Because the majority of residential tents/ canopies are not fire-rated or supplied with fire-retardant coverings, they cannot be installed where fire-rated construction is required.  Also, the California Fire code requires tents over 200 sf to conform to Article 32 for Temporary Membrane Structures, which does not allow an exemption for larger structures.  Although the Fire Code has a different area restriction for canopies, for this exemption, tents and canopies will be considered synonymous.

 

FISCAL IMPACT

 

Funds to support Burbank�s enforcement efforts are derived from contractor licensing, plan checking, permitting, and inspection fees.  Anticipated City implementation costs for this ordinance are limited to training of staff.  Enforcement costs may rise slightly while professionals and builders familiarize themselves with the code revisions.

 

RECOMMENDATION

 

The staff recommends the City Council approve a motion adopting the ordinance, as written, with authorization for the City Clerk to publish the ordinance adopting the 2004 edition of the California Electrical Code, and add or amend Sections 7-1-106.4.1, 7-1-1105A, and 7-102 to Article I, Chapter 7 of the Burbank Municipal Code.

 

 

 

 

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