The 2022
California Building Code Volumes 1 and 2, and the whole thereof, and all national codes and standards referenced therein (codified in Part 2 of Title
24 of the
California Code of Regulations), as published by the International Code Council and the California Building Standards Commission, is hereby adopted by reference, subject to the amendments, deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code.
Such code, and amendments thereto, are hereby adopted and incorporated,
pursuant to California
Government Code Section 50022.2 et seq., and
Health and Safety Code Section 18941.5, as fully as though set forth
at length herein, for the purpose of regulating and administering
the erection, construction, enlargement, alteration, repair, moving,
removal, conversion, demolition, occupancy, equipment, use, height,
area, and maintenance of buildings or structures in the City of Huntington
Beach, and repealing all ordinances and parts of ordinances in conflict
herewith. From the date on which this chapter takes effect the provisions
of such code, together with amendments thereto shall be controlling
within the corporate limits of the City of Huntington Beach.
(4270-1/23)
CBC Chapter 1, Section [A] 101.1 is hereby amended to read as
follows:
[A] 101.1 Title. These regulations shall be known
as the Building Code of Huntington Beach, may be cited as such, and
hereinafter referred to as "this code."
(4270-1/23)
CBC Chapter 1, Section [A] 103.1 Creation of enforcement agency
is hereby amended to read as follows:
[A] 103.1 Creation of enforcement agency. Department
of Community Development Building Division is hereby created and the
official in charge thereof shall be known as the building official.
(4270-1/23)
CBC Chapter 1, Section [A] 104.10.1 Flood hazard areas is hereby
amended to read as follows:
104.10.1 Flood hazard areas. The Building Official shall not grant modifications to any provision required in flood hazard areas unless a determination has been made in accordance with the Floodplain Overlay District portion of the Huntington Beach Zoning Code Chapter
222.
(4270-1/23)
Section [A] 105.2 Work Exempt from Permit is amended to read
in its entirety as follows:
[A] 105.2 Work exempt from permit. Exemptions from
permit requirements of this Code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions
of this Code or any other laws or ordinances of this jurisdiction.
Permits shall not be required for the following:
Building:
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1.
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One-story detached accessory structures used as tool and storage
sheds, playhouses, pagodas, gazebos and similar uses, provided the
floor area does not exceed 120 square feet. Such structures shall
comply with setback and height requirements of the Zoning Subdivision
Ordinance and the Fire Code.
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2.
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Masonry or concrete fences not over 42 inches in height above
lowest adjacent grade and all other fences not exceeding 6 feet in
height above the lowest adjacent grade and not within required zoning
setbacks or subject to review by the Fire Department.
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Exception: Walls and fences less than 6 feet in height that
are required as a condition of project approval, subject to review
by the Fire Department, guard system or pool barrier system are required
to have permits.
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3.
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Oil derricks and tanks.
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4.
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Retaining walls that are not over 4 feet in height measured
from the bottom of the footing to the top of the wall, unless supporting
a surcharge or impounding Class I, II or IIIA liquids.
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5.
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Water tanks supported directly on grade if the capacity does
not exceed 5,000 gallons and the ratio of height to diameter or width
does not exceed 2:1.
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6.
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Sidewalks, platforms, decks and driveways not more than 30 inches
above adjacent grade, and not over any basement or story below and
not part of an accessible route.
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7.
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Painting, papering, tiling, carpeting, cabinets, counter tops
and similar finish work.
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8.
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Prefabricated swimming pools accessory to a Group R-3 occupancy
that are less than 18 inches deep, are not greater than 5,000 gallons
and are installed entirely above ground.
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9.
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Temporary motion picture, television and theater stage sets
and scenery.
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10.
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Shade cloth structures constructed for nursery or agricultural
purposes, not including service systems.
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11.
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Swings, other playground equipment and similar type recreational
structures accessory to detached one-and two-family dwellings.
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12.
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Window awnings in Group R-3 and U occupancies, supported by
an exterior wall that do not project more than 54 inches from the
exterior wall and do not require additional support.
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13.
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Nonfixed and movable fixtures, cases, racks, counters and partitions
not over 5 feet 9 inches in height.
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14.
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Flag poles, light poles and TV dishes in connection with a Group
R, Division 3 occupancy and not exceeding 15 feet in height.
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15.
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Re-roofing an area smaller than 100 square feet while satisfying
all applicable application requirements.
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16.
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Replacement doors and windows when the waterproofing membrane
is not altered and emergency egress dimensions are equal to or better
than the original permitted layout.
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17.
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New roof penetrations less than 14″ by 14″ when
no framing modifications or additions are required.
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Unless otherwise provided by this Code, separate plumbing, electrical
and mechanical permits will be required for the above-exempted items.
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Any of the above items that are located in a Floodplain Overlay
District, Environmentally Sensitive Area or subject to a discretionary
Planning Division approval or as otherwise required by the Planning
Division or any other authority/agency is not exempt from permits.
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Electrical:
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1.
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Repairs and maintenance: Minor repair work, including
the replacement of lamps or the connection of approved portable electrical
equipment to approved permanently installed receptacles.
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2.
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Radio and television transmitting stations: The
provisions of this Code shall not apply to electrical equipment used
for radio and television transmissions, but do apply to equipment
and wiring for a power supply and the installations of towers and
antennas.
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3.
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Temporary testing systems: A permit shall not be
required for the installation of any temporary system required for
the testing or servicing of electrical equipment or apparatus.
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4.
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Temporary decorative lighting.
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5.
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Replacement of attachment plug receptacles, but not the outlets
therefor.
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6.
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Replacement of general use snap switches.
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7.
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Repair or replacement of any overcurrent device of the required
capacity in the same location.
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8.
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Repair or replacement of electrodes or transformers of the same
size and capacity for signs or gas tube systems.
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9.
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The wiring for temporary theater, motion picture or television
stage sets.
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10.
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Electrical wiring, devices, appliances, apparatus or equipment
operating at less than 25 volts and not capable of supplying more
than 50 watts of energy.
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11.
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Low-energy power, control and signal circuits of Classes II
and III as defined in the electrical code.
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12.
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Non-vehicle-mounted portable generators.
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13.
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Replacement of any minor part that does not alter approval of
equipment or make such equipment unsafe.
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Gas:
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1.
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Portable heating appliance.
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2.
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Replacement of any minor part that does not alter approval of
equipment or make such equipment unsafe.
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3.
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Portable cooking or clothes drying appliance.
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4.
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Portable fuel-cell appliances that are not connected to a fixed
piping system and are not interconnected to a power grid.
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Mechanical:
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1.
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Portable heating appliances.
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2.
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Portable ventilation equipment or appliances.
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3.
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Portable cooling unit.
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4.
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Steam, hot or chilled water piping within any heating or cooling
equipment regulated by this Code.
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5.
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Replacement of any part that does not alter its approval or
make it unsafe.
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6.
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Portable evaporative cooler.
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7.
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Self-contained refrigeration system containing 10 pounds (4.54
kg) or less of refrigerant and actuated by motors of one horsepower
(746 W) or less.
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8.
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Portable fuel-cell appliances that are not connected to a fixed
piping system and are not interconnected to a power grid.
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Plumbing:
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1.
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The stopping of leaks in drains, water, soil, waste, or vent
pipe, provided, however, that if any concealed trap, drain pipe, water,
soil, waste or vent pipe becomes defective and it becomes necessary
to remove and replace the same with the new material, such work shall
be considered as new work and a permit shall be obtained and inspection
made as provided in this Code.
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2.
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The clearing of stoppages or the repairing of leaks in pipes,
valves or fixtures and the removal and reinstallation of water closets,
provided such repairs do not involve or require the replacement or
rearrangement of valves, pipes, or fixtures.
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3.
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Repair or replacement of any plumbing fixture or appliance of
the same type and size and in the same location. Exception: electric
and fuel gas water heaters.
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4.
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Replacement of any part that does not alter its approval or
make it unsafe.
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(4270-1/23)
CBC Chapter 1, Division II, Section [A] 105.3.2 Time Limitation
of Application is amended in its entirety as follows:
[A] 105.3.2 Time limitation of application. Applications
for which no permit is issued within 180 days following the date of
application shall expire automatically, and plans and other data submitted
for review may thereafter be returned to the applicant or destroyed
by the building official. The building official may extend the time
for action by the applicant in increments of 180 days subject to the
following conditions:
1. The
applicant shall submit an application every 180 days, accompanied
by a plan review extension fee, established by resolution of the City
Council.
2. Any
plans that remain in plan review over 360 days shall meet all construction
standards that are adopted at the time the permit is issued.
3. Plans
may not remain in plan review more than 720 days except under extreme
situations as approved by the building official.
(4270-1/23)
CBC Chapter 1, Division II, Section [A] 105.5 Expiration is
amended in its entirely as follows:
[A] 105.5 Expiration. Every permit issued shall
become invalid unless the work on the site authorized by such permit
is commenced within 12 months after its issuance, or if the work authorized
on the site by such permit is suspended or abandoned for a period
of 180 days after the time the work is commenced. Work shall be considered
suspended or abandoned if substantial approval of one of the required
progress inspections is not accomplished every 180 days. Before such
work can be recommenced, a new permit shall be first obtained, and
the fee therefor thereof shall be one-half the amount required for
a new permit for such work, provided no changes have been made or
will be made in the original plans and specifications for such work;
and provided further that such suspension or abandonment has not exceeded
one year. In order to renew action on a permit after one year, the
permittee shall pay a new full permit fee. 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 justifiable cause demonstrated.
Time limitation for permit expiration as the result of code
enforcement shall be as per notice of violation or as otherwise determined
by the Building Official.
(4270-1/23)
CBC Chapter 1, Division II, Section [A] 107 Submittal Documents—A
new Subsection [A] 107.2.1.1 is added to read in its entirely as follows:
[A] 107.2.1.1 Building security. The construction drawings shall show conformance with the Building Security provisions in Building Code Chapter 23 as amended in Section
17.04.160.
(4270-1/23)
CBC Chapter 1, Division II, Section [A] 107 Submittal Documents—A
new Subsection [A] 107.2.1.2 is added to read in its entirely as follows:
[A] 107.2.1.2 Methane Overlay District. New building construction in the defined methane overlay districts shall comply with the Building Code Chapter 55 as amended in Section
17.04.170 and with the Huntington Beach Fire Code.
(4270-1/23)
CBC Chapter 1, Division II, Section [A] 107 Submittal Documents—A
new Subsection [A] 107.2.9 is added to read in its entirely as follows:
[A] 107.2.9 Soils report. A soil report shall be
submitted with all permit applications for new construction and additions.
Soil reports shall be prepared by a professional engineer licensed
by the State to prepare such reports. The Building Official may waive
this requirement if he/she finds that the scope of work applied for
does not necessitate a soil report.
(4270-1/23)
CBC Chapter 1, Division II, Section [A] 109 Fees amended in
its entirely as follows:
[A] 109.1 Payment of fees. A permit shall not be
valid until the fees prescribed by law have been paid, nor shall an
amendment to a permit be released until the additional fee, if any,
has been paid. The building official may allow temporary exceptions.
[A] 109.1.1 Plan review fees. When a plan or other
data is required to be submitted a plan review fee shall be paid.
This fee shall be paid at the time of submitting plans and specifications
for plan review. Said plan review fees shall be as established by
resolution of the City Council.
[A] 109.1.2 Permit fees. The fee shall be paid
at permit issuance. The standard for determination of value or valuation
of the project shall be made by the building official and as established
by resolution of the City Council.
[A] 109.1.3 Miscellaneous service fees. Whenever
an application is made for all other services, a fee for the service
in an amount established by resolution of the City Council shall be
paid to the City.
[A] 109.2 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 as required,
in accordance with the schedule as established by resolution of the
City Council.
[A] 109.3 Building permit valuations. The applicant
for a permit shall provide an estimated permit value at time of application.
Permit valuations shall include total value of work, including materials
and labor, for which the permit is being issued, such as electrical,
gas, mechanical, plumbing equipment and permanent systems. If, in
the opinion of the building official, the valuation is underestimated
on the application, the permit shall be denied, unless the applicant
can show detailed estimates to meet the approval of the building official.
Final building permit valuation shall be set by the building official
and as established by resolution of the City Council.
[A] 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical,
gas, mechanical or plumbing system before obtaining the necessary
permits shall be subject to an investigation fee established by resolution
by the City Council that shall be in addition to the required permit
fees.
[A] 109.5 Related fees. The payment of the fee
for the construction, alteration, removal or demolition for work done
in connection to or concurrently with the work authorized by a building
permit shall not relieve the applicant or holder of the permit from
the payment of other fees that are prescribed by law.
[A] 109.6 Refunds. The building official may authorize
the refund of any fee paid hereunder for work that was not performed
or for fees that were collected erroneously as established by resolution
of the City Council.
(4270-1/23)
CBC Chapter 1, Division II, Section [A] 113.1 is hereby amended
to read in its entirely as follows:
[A] 113.1 General. In order to hear and decide
appeals of the orders, decisions or determinations made by the building
official relative to the application and interpretation of this code,
there shall be and hereby created a board of appeals. The 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, and shall render all decisions and findings in writing
to the appellant with a duplicate copy to the building official. Depending
on the subject of the appeal, specialized expertise may be solicited
for the purpose of providing input to the appeals board.
(4270-1/23)
CBC Chapter 9 Fire Protection Systems, Section 901.1 Scope amended
to read as follows:
Section 901.1 Scope. The provisions of this chapter shall specify where fire protection systems are required and shall apply to the design, installation and operation of fire protection systems. For amended sprinkler requirement, see Huntington Beach Municipal Code, Chapter
17.56 of this Code.
(4270-1/23)
CBC Chapter 15, Table 1505.1 in Subsection 1505.1 of Section
1505 is hereby amended to read as follows:
TABLE 1505.1a
MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION
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IA
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IB
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IIA
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IIB
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IIIA
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IIIB
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IV
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VA
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VB
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B
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B
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B
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B
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B
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B
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B
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B
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B
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For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
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a.
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Unless otherwise required in accordance with Chapter 7A.
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(4270-1/23)
Subsection 1505.1.3 is amended, by the deletion of the entire
section and the addition of a new section thereto, to read as follows:
1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more
than 50 percent of the total roof area is replaced within any one-year
period, the entire roof covering of every new structure, and any roof
covering applied in the alteration, repair or replacement of the roof
of every existing structure, shall be a fire-retardant roof covering
that is at least Class B.
(4270-1/23)
The Building Code is hereby amended by adding thereto new Chapter
36 entitled "Building Security," to read as follows:
§ 3601. Purpose. The purpose of this
chapter is to establish minimum standards of construction for protection
against unlawful entry.
§ 3602. Alternative security provisions. When approved by the building official, site security systems may
be provided in lieu of the specific security provisions of Section
3608, "Garages—Multiple dwellings."
§ 3603. Definitions. For the purpose
of this chapter, certain terms used herein are defined as follows:
"Cylinder guard" means a hardened ring surrounding the exposed
portion of the lock cylinder or other device which is so fastened
as to protect the cylinder from wrenching, prying, cutting or pulling
by attack tools.
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"Deadlocking latch" means a latch in which the latch bolt is
positively held in the projected position by a guard bolt, plunger
or auxiliary mechanism.
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"Dead bolt" means a bolt which has no automatic spring action
and which is operated by a key cylinder, thumb turn, or level, and
is positively held fast when in the projected position.
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"Latch" means a device for automatically holding a door shut
after being closed.
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"Light" means any glazed opening whether glazed with glass,
plastic, metal, wood or composition sheets or panels, or similar materials,
and shall include windows, skylights, view ports or view panels and
similar openings.
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§ 3604. Entry vision. All main or front
entry doors to R occupancies shall be arranged so that the occupant
has a view of the area immediately outside without opening the door.
Such view may be provided by a door viewer or view port or by window
or other opening located and constructed as required by this chapter.
Such area shall be provided with a light.
§ 3605. Doors.
A. General. A door forming a part of the enclosure of a dwelling
unit or of an area of a building occupied by one tenant shall be constructed,
installed, and secured as set forth in this section.
B. Swinging doors.
1. Swinging
wooden doors which can be opened from the inside without using a key
shall be of solid core construction. Lights in doors shall be as set
forth in this chapter.
2. A
single swinging door, the active leaf of a pair of doors, and the
bottom leaf of Dutch doors shall be equipped with a dead bolt and
deadlocking latch. The dead bolt and latch may be activated by one
lock or by individual locks. Dead bolts shall contain hardened inserts,
or equivalent, designed to repel cutting tool attack. The lock or
locks shall be key operated from the exterior side of the door and
engaged or disengaged from the interior side of the door by a device
which requires no key, special knowledge or effort.
3. A
straight dead bolt shall have a minimum throw of one inch and the
embedment shall be not less than five-eighths inch into the holding
device receiving the projected bolt. All dead bolts of locks which
automatically activate two or more dead bolts shall embed at least
one-half inch but need not exceed three-fourths inch into the holding
devices receiving the projected bolts.
4. A
deadlocking latch shall be provided with a bolt projecting not less
than five-eighths inches from the edge of the door in which it is
installed.
5. The
inactive leaf of a pair of doors and the upper leaf of Dutch doors
shall be equipped with a dead bolt or dead bolts as set forth in subsection
(B)(2) above.
EXCEPTIONS:
a. The bolt or bolts need not be key operated but shall not be otherwise
activated, from the exterior side of the door.
b. The bolt or bolts may be engaged or disengaged automatically with
the dead bolt or by another device on the active leaf or lower leaf.
c. Manually-operated hardened bolts at the top and bottom of the leaf
and which embed a minimum of one-half inch into the device receiving
the projected bolt may be used when not prohibited by the Building
Code or other laws and regulations.
6. Doorstops
on wooden jambs for in-swinging doors shall be of one piece construction
with the jamb or joined by a rabbet.
7. Nonremovable
pins shall be used in pin-type hinges which are accessible from the
outside when the door is closed.
8. Cylinder
guards shall be installed on all mortise or rim-type cylinder locks
installed in doors whenever the cylinder projects beyond the face
of the door or when otherwise accessible to gripping tools.
9. Unframed
glass doors shall be of fully tempered glass not less than one-half
inch thick.
10. Narrow-framed glass doors shall be of fully tempered glass not less
than one-quarter inch thick.
C. Sliding glass doors. Sliding glass doors shall be equipped
with locking devices. Cylinder guards shall be installed on all mortise
or rim-type cylinder locks installed in doors whenever the cylinder
projects beyond the face of the door or is otherwise accessible to
gripping tools.
§ 3606. Windows, or other openings.
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A.
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General. Windows, or other similar openings shall
be constructed, installed and secured as set forth in this section.
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B.
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Materials. Only fully-tempered glass or approved
metal bars, screens, or grills shall be used for any opening in which
glass is utilized which is located within 40 inches of the locking
device on a door.
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C.
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Locking devices. All windows or other openings
which are designed to be opened shall be provided with locking devices.
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§ 3608. Garages—Multiple dwellings. Whenever a development includes three or more dwelling units, all
covered parking required by other provisions of the Huntington Beach
Municipal Code shall be provided by fully-enclosed garages. Garage
space for each tenant shall be separated by partitions of three-eighths-inch
plywood or any approved equivalent with studs set not more than 24
inches apart on one side. Doors and windows in such garages shall
be constructed, equipped and secured as required by this chapter.
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(4270-1/23)
The Building Code is hereby amended by adding thereto new Chapter
55 entitled "Methane District Regulations" to read as follows:
§ 5501. Purpose. This Division sets forth
the minimum requirements of the City of Huntington Beach for new building
construction in the defined methane overlay districts. It is also
the purpose of this chapter to reduce the hazards presented from accumulations
of methane gas by requiring the appropriate testing and mitigation
measures for all new buildings in the methane overlay districts.
§ 5502. Definitions. For the purposes
of this division, the following definitions shall also be applied.
A.
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Flammable Gas shall mean any gaseous substance
capable of sustaining combustion or explosion.
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B.
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Gas Detection System shall mean one or more electrical
devices capable of continuous monitoring for the presence of flammable
gasses and containing an audible alarm capable of alerting occupants
that a hazardous atmosphere exists. A part of the system shall be
subject to building the system and all devices which are department
and Fire Department approved.
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C.
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Methane Gas shall mean the hydrocarbon substance
commonly known as "natural gas," chemical formula CH4. For the purposes
of definition in this chapter, natural gas from the distribution system
of a utility company is exempted and excluded from the scope of the
application of the provisions of this chapter.
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D.
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Methane Gas Overlay District shall mean those districts
within the City of Huntington Beach as defined in Section 5503.
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E.
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Qualified Engineer shall mean a civil engineer
currently registered in the State of California and possessing experience
in the design of subsurface gas control systems.
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F.
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Vent System shall mean a system or device which
gathers or collects flammable gasses and releases these gasses in
a specified manner and location.
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§ 5503. Overlay Districts. Boundaries
of the districts set forth herein are measured from centerline to
centerline of indicated streets unless otherwise described, and are
graphically depicted by the copy of the map designated "Methane Overlay
Districts," which is on file with the Fire Department.
The Methane District boundaries are as follows. Note that the
directions of north, south, east, west, and similar directions are
general in nature only.
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District One: Saybrook Lane south from Edinger
Avenue to Davenport Drive to Algonquin Street, south on Algonquin
Street to Warner Avenue, east on Warner Avenue to Bolsa Chica Street,
north on Bolsa Chica Street to Edinger Avenue, west on Edinger Avenue
to Saybrook Lane.
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District Two: All land on both sides of Pacific
Coast Highway northwest from the City Boundary at the Santa Ana River
to the City Boundary at the Bolsa Chica Bluffs, then following the
City Boundary northeast to Edwards Street, Edwards Street north to
Slater Avenue, Slater Avenue east to Gothard Street, Gothard Street
south to Ellis Avenue, Ellis Avenue east to Newland Street, Newland
Street south to Adams Avenue, Adams Avenue east to the City Boundary
at the Santa Ana River, City Boundary south along the Santa Ana River
to Pacific Coast Highway.
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§ 5504. Plan Required. All proposed subdivisions,
divisions of land, developments of property, and new buildings within
the methane overlay districts shall be reviewed by the Fire Department.
The Fire Chief may require a plan for the testing of site soils for
the presence of methane gas. Such plan shall be subject to the approval
of the Fire Department, and may include, but shall not be limited
to, hammer probes, pneumatically driven probes, and core hole samples
with monitoring for the presence of methane gas. The Fire Chief may
require other actions as deemed necessary to ensure the safety of
the development or building site.
§ 5505. Testing Required. Testing for
the presence of methane gas shall be required to be carried out in
accordance with the approved plan. Results of such testing shall be
submitted to the Fire Department for review and analysis.
§ 5506. Mitigation Required. Anomalously
high levels of methane gas in the near surface or subsurface soil
layers may require mitigation before any grading, development, or
building construction is allowed to take place. Such mitigation may
include, but is not limited to, the venting of abandoned oil wells,
underground gathering and collection systems for gasses, vent systems,
and flared vent systems. Other systems, devices, or components may
be required as deemed necessary by the Fire Chief in order to ensure
the safety of the development and buildings.
If the mitigation measure does not reduce the soil concentrations
of methane to an acceptable level, or if other contaminants are present
in the methane at a level which poses a threat to health and safety,
further development may be halted until such time as the site is rendered
safe from these hazards.
§ 5507. Isolation Barriers Required. New
buildings which fall under the provisions and requirements of this
article may require the installation of a continuous, flexible, permanent,
and non-permeable barrier, and shall be a type approved by the Fire
Department.
§ 5508. Access. All methane gas mitigation
systems required by this article shall be made accessible to City
personnel for the purposes of monitoring, maintenance, and evaluation
for effectiveness.
§ 5509. Areas Outside of Established Methane
Overlay District Boundaries. Upon the determination of the
Fire Department that hazard may exist from methane intrusion at a
geographical location or area outside the boundaries established in
Section 5503 above, the Fire Department may enforce any or all of
the provisions of this article as deemed necessary by the Fire Chief
to preclude potential hazards from fire or explosion from methane
gas accumulations.
§ 5510. Additional Remedial Measures. If the concentration of flammable gas in any building in the City
reaches or exceeds 25% of the minimum concentration which form an
ignitable mixture with air at ambient temperature and pressure, the
owner of such building shall hire a qualified engineer to investigate,
recommend, and implement mitigating measures. Such measures shall
be subject to the approval of the Fire Department.
(4270-1/23)