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HomeMy WebLinkAboutOrdinance 662Ordinance 662 Exhibit A Title 8 BUILDING CODE Chapters: 1 Administrative 2 Organization and Enforcement 3 Building Code 4 Residential Code 5 Electrical Code 6 Plumbing Code 7 Mechanical Code 8 Green Building Code 9 Unsafe Buildings and Structures 10 Water Efficient Landscape and Irrigation 11 Unreinforced Masonry 12 Post-Disaster Regulations Ordinance 662 Exhibit A Chapter 1 ADMINISTRATIVE Sections: 8-1.101 Title. 8-1.102 Adoption of Codes. 8-1.103 Building Official designated. 8-1.104 Applicability for Remodel, Renovation or Repair to Existing Buildings 8-1.101 Title. This title shall be known as the City of Atascadero Building Construction Code, Title 8 of the Atascadero Municipal Code. 8-1.102 Adoption of Codes. Fourteen (14) documents, each of which are on file in City offices, identified by the Seal of the City of Atascadero, marked and designated as: 2022 Edition of the California Building Code (Volumes 1 and 2) published by the International Code Council; 2022 Edition of the California Residential Code published by the International Code Council; 2022 Edition of the California Electrical Code published by the National Fire Protection Association; 2022 Edition of the California Mechanical Code published by the International Association of Plumbing and Mechanical Officials; 2022 California Plumbing Code published by the International Association of Plumbing and Mechanical Officials; 2022 Edition of the California Green Building Code; 2022 Edition of California Energy Code; 2022 Edition of the California Historical Building Code; 2022 Edition of the California Existing Building Code; 2021 Edition of International Property Maintenance Code published by the International Code Council; 2021 Edition of the International Solar Energy Provisions and Commentary; 2021 Uniform Solar, Hydronics & Geothermal Code, Chapter 8 exclusively; 2021 International Swimming Pool and Spa Code, omitting Section 112 and Appendix A; 2018 Rainwater Harvesting Systems, for reference only, are hereby adopted, including chapters and sections not adopted by agencies of the State of California, and including appendices thereto, as the Building Construction Regulations of the City of Atascadero. The provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in this chapter except as modified hereinafter. 8-1.103 Chief Building Official designated. The Chief Building Official is hereby designated as the Building Official and Code Official for the City of Atascadero. Where the “authority having jurisdiction” is used in the adopted codes, it shall mean the Chief Building Official. 8-1.104 Applicability for Remodel, Renovation or Repair to Existing Buildings. When the estimated value of proposed remodel, renovation or repair work to an existing building exceeds 75% of the current valuation for a new building, all City of Atascadero Building Construction Code (Title 8) requirements for new buildings, including, but not limited to, an automatic fire suppression system, wildland interface construction requirements, Title 24 energy analysis, etc. will apply. Ordinance 662 Exhibit A Chapter 2 ORGANIZATION AND ENFORCEMENT Sections: 8-2.101 Administration of adopted Codes. 8-2.102 Modification of Chapter 1, Division II. 8-2.101 Administration of adopted Codes. The administration and enforcement of this title shall be in accordance with Chapter 1, Division II of the California Building Code as adopted in Chapter 1 of this title and amended in this chapter. (a) Unlawful Continuance Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a misdemeanor violation consistent with Title 12-1.05. (b) Authority to enforce Unsafe Building Any person who occupies or enters a building or structure after the structure has been posted with an “Unsafe to Occupy” notice, except under the direction of the Building Official to evaluate or perform building repairs, shall be subject to a misdemeanor violation consistent with Title 12-1.05. (c) Authority to enforce Restricted Use Buildings. Any person who occupies or enters a building or structure after the structure has been posted with a “Restricted Use ” notice, except under the direction of the Building Official to remove personal items, shall be subject to a misdemeanor violation consistent with Title 12-1.05. 8-2.102 Modification of Chapter 1, Division II. (b) Amend Section 105.1 and add Section 105.1.3 to read as follows: 105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, or re-grade, re-pave, re- surface, re-stripe or otherwise alter a parking facility, the installation of which is regulated by this code, or cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.3 Intermodal shipping containers and railroad cars. Railroad cars, cabooses, shipping containers, mobile homes, and similar assemblies shall not be moved into or relocated within the City limits for habitation, storage or any structural purpose without approval of the building official. Said structures do not qualify as conventional construction, and therefore compliance with all applicable codes shall be substantiated by a California licensed architect or engineer. (c) Add Section 105.2.4 to read as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, exempt from a building permit under Section 105.2 may not exceed 16 ft. in total height. (d) Amend Section 105.3.2 to read as follows: 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Chief Building Official is authorized to grant one Ordinance 662 Exhibit A or more extension of time for additional periods. The extensions shall be submitted in writing and justifiable cause demonstrated. (e) Amend Section 109.4 to read as follows: 109.4 Work commencing before permit issuance. Any person who commences work on a project regulated by this code before obtaining necessary permits shall be subject to the following investigative fee: 1. First offense: $100.00 investigative fee. 2. Second offense: $250.00 investigative fee. 3. Third and any consecutive offense: $500.00 investigative fee each offense. The payment of such investigative fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. (f) Amend Appendix Section 113 to read as follows: 113 BUILDING CODE APPEALS HEARING OFFICER In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of this Code, there shall be and is hereby created a Building Code Appeals Hearing Officer. The Building Code Appeals Hearing Officer shall be appointed consistent with Section 12-2.08(a) of the Atascadero Municipal Code. 113.1 Appeal Board Members. The City Manager of the City of Atascadero shall appoint no less than three (3) board members and no more than five (5) members whom must be knowledgeable in building codes, regulations, and ordinances, including specialty trades including but not limited to structural engineering and combustible materials, when necessary. In no instance shall an appeal board member be an employee, appointed, or elected official of the City of Atascadero. 113.2. 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 hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form or construction is proposed. The hearing officer shall have no authority to waive requirements of this code. 113.3. Hearing procedure. Hearing procedure shall be consistent with Title 12 Chapter 2 of the Atascadero Municipal Code. Ordinance 662 Exhibit A Chapter 3 BUILDING CODE Section: 8-3.101 Modifications of the California Building Code. 8-3.101 Modifications of the California Building Code. (a) Delete Chapters 7A, 27-30, 31A, 31B, and 31C (b) Delete all Appendices in their entirety except for Appendix I and Appendix P and Appendix J Sections 103 – 107 only (c) Amend Section 105.2 as follows: 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: 1. One-story detached accessory structures used as tool and storage shed, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m2). 2. Fences not over 6 feet (1829 mm) high. 3. Oil derricks. 4. Retaining walls and non-retaining walls, including masonry and concrete free-standing walls, that are not over 4 feet (1219 mm) 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. 5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agriculture purposes, not including service systems. 11. Swings and other playground equipment accessory to detached one- and two-family dwellings. 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 Ordinance 662 Exhibit A inches in height. (d) Amend Section 903.2 to read as follows: 903.2 Where Required. Refer to AMC 4-7.903.2 (e) Amend Section 1803.2 to read as follows: 1803.2 Where required. The owner or applicant shall submit geotechnical investigations reports to the Chief Building Official in accordance with Sections 1803.3 through 1803.5. Exceptions: The Chief Building Official need not require a foundation and soils investigation report for one- story, wood-frame and light-steel-frame additions to Group R occupancies of 1,000 square feet of floor area or less, or new one-story, wood-frame and light-steel-frame detached accessory structures 1,000 square feet of floor area or less, or one-story, wood-frame and light-steel-frame additions to detached accessory structures 1,000 square feet of floor area or less when a licensed architect or engineer provides a foundation design and a site observation report with a statement of site suitability. Ordinance 662 Exhibit A Chapter 4 RESIDENTIAL CODE Section: 8-4.101 Modifications to the California Residential Code. 8-4.101 Modifications to the California Residential Code. (a) Delete all Appendices except adopt Appendices AH, AQ, AS, and AX by reference only and adopt AZ in its entirety. (b) Amend Section R310. as follows: R310.5 Replacement windows for emergency escape and rescue openings. Replacement windows in existing R Occupancy Units shall comply with the following egress requirements: Requirements for Replacing Bedroom Windows in Existing R Occupancy Units (A minimum of one window must comply unless there is a door opening to the exterior.) Code Year* Opening Size** Opening Size Height Minimum Opening Size Width Minimum Maximum Sill Height from finished floor Prior to 1964 6 square feet (window size) 18 inches 18 inches None 1964 to 1980 5 square feet (net opening) 22 inches 22 inches 48 inches to sill 1981 to 2008 5.7 square feet (net opening) 24 inches 20 inches 44 inches to sill 2008 to present 5.7 square feet (net opening) 5.0 square feet on ground floor 24 inches 20 inches 44 inches to clear opening Code Year* - The year that the structure was permitted for the current occupancy use Opening Size** - Using just the minimum height and width allowance, will not meet the required opening size Ordinance 662 Exhibit A Chapter 5 ELECTRICAL CODE Section: 8-5.101 Modifications of the California Electrical Code. 8-5.102 Underground utility services. 8-5.101 Modifications of the California Electrical Code: Adopt all Informative Annexes. 8-5.102 Underground utility services. All new electric, telephone, television, and other communication service connections, for all new, altered, or enlarged buildings shall be provided by underground wiring. Extension of electric or communication distribution lines to serve such projects shall be underground wiring. Exceptions: 1. Replacement or relocation of electric service equipment served by existing overhead wiring. 2. Where determined by the Chief Building Official to be impractical or infeasible within the standards and practices of the utility or other companies providing such services. Where the utility or other company’s distribution system is underground, the service lines shall terminate at a connection point designated by the utility company. Where the utility or other company’s distribution is overhead, the service lines shall terminate as a pole riser on a pole designated by the utility company. Ordinance 662 Exhibit A Chapter 6 PLUMBING CODE Sections: 8-6.101 Modifications of the California Plumbing Code. 8-6.101 Modifications of the California Plumbing Code. (a) Delete all appendices except for A and (b) Amend Section 719.1 to read as follows: 719.1 A cleanout shall be placed in every building sewer within five (5) feet of each building, at all changes in alignment or grade in excess of one hundred thirty-five (135) degrees, within five (5) feet of the junction with the public sewer, and at intervals not to exceed one hundred (100) feet in straight runs. The cleanout shall be made by inserting a “Y” fitting in the line and fitting the cleanout in the “Y” branch in an approved manner. In the case of a cleanout near the junction of the public sewer, the “Y” branch riser shall be extended to a depth of not more than one (1) foot. All other cleanouts shall be extended to finish grade. Ordinance 662 Exhibit A Chapter 7 MECHANICAL CODE Section: 8-7.101 Modifications to the California Mechanical Code. 8-7.101 Modifications to the California Mechanical Code. Delete all Appendices. Ordinance 662 Exhibit A Chapter 8 GREEN BUILDING CODE Section: 8-8.101 Compliance with the California Green Building Code Recycling requirements. 8-8.101 Compliance with the California Green Building Code Recycling requirements. (a) Persons applying for a permit from the City for new construction and building additions and alternations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. (b) For projects covered by CALGreen, the applicants must, as a condition of the City’s permit approval, comply with the following: (1) Where five (5) or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of recyclable materials container and organic materials container materials, consistent with the three (3) or more-container collection program offered by the City/County/District, or comply with provision of adequate space for recycling for multifamily premises and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020. (2) New commercial or multifamily construction or additions resulting in more than thirty (30) percent of the floor area shall provide readily accessible areas identified for the storage and collection of recyclable materials container and organic materials container materials, consistent with the three (3) or more-container collection program offered by the City/County/District, or shall comply with provision of adequate space for recycling for multifamily premises and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020. (3) Comply with CALGreen requirements and applicable law related to management of construction and demolition debris (C&D), including diversion of organic waste in C&D from disposal. Comply with all written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D. Ordinance 662 Exhibit A Chapter 9 UNSAFE BUILDINGS AND STRUCTURES Sections: 8-9.101 Modifications to the International Property Maintenance Code. 8-9.102 Definitions 8-9.103 Placards 8-9.101 Modifications to the International Property Maintenance Code. Delete all appendices. 8-9.102 Definitions. Safety Assessment. A visual, nondestructive examination of a building or structure for the purpose of determining the condition for continued use. 8-9.103 Placards. (a) The following official placards shall be used to designate the condition for occupancy of buildings or structures: (1) Green: “Inspected—Lawful Occupancy Permitted” is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. (2) Yellow: “Restricted Use” is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restriction on continued occupancy. (3) Red: “Unsafe—Do Not Enter or Occupy” is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstances except as authorized in writing by the Chief Building Official or authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damaged encountered. (b) The placard shall display the number of the ordinance codified in this chapter, and the name, address and phone number of the jurisdiction. (c) Once the placard has been attached to the building or structure, it shall not be removed, altered or covered until authorized representative by the Chief Building Official. It is unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section. (d) Violation of this section will be subject to AMC Title 8 Chapter 2 Section 101 (AMC 8-2.101) Ordinance 662 Exhibit A Chapter 10 WATER EFFICIENT LANDSCAPE AND IRRIGATION Sections: 8-10.101 Purpose. 8-10.102 Adoption of Codes. 8-10.103 Modification of Model Water Efficient Landscape Ordinance. 8-10.101 Purpose. Consistent with California State law, it is the purpose of this chapter to: (a) Promote the values and benefits of landscapes that integrate and go beyond the conservation and efficient use of water. (b) Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that required cross-sector collaboration of industry, government and property owners to achieve the many benefits possible. (c) Establish provisions for water management practices and water wise prevention for existing landscapes. (d) Use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount. 8-10.102 Adoption of Code. The administration and enforcement of this title shall be in accordance with section 490 through 495 of Title 23, Division 2, Chapter 2.7 of the California Code of Regulations. 8-10.103 Water Efficient Landscape and Irrigation requirements. This section is intended to comply with the State’s Model Water Efficiency Landscape Ordinance, and standards found in 23 CCR, Division 2, Chapter 2.7. (a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (single- family, multifamily, public, institutional, or commercial) project with a landscape requirement area greater than five hundred (500) square feet, or rehabilitating an existing landscape under City review jurisdiction with a total landscape area greater than two thousand five hundred (2,500) square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch as delineated in this chapter. (b) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (a) above shall: (1) Comply with Sections 492.6 (a)(3)(B), (C), (D), and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following: (i) For landscape installations, compost at a rate of a minimum of four cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils Ordinance 662 Exhibit A with greater than six (6) percent organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling. (ii) For landscape installations, a minimum three (3) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five (5) percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. (iii) Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances. (2) The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in this chapter shall consult the full MWELO for all requirements. (c) If, after the adoption of this chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced. Ordinance 662 Exhibit A Chapter 11 UNREINFORCED MASONRY Section: 8-11.101 Modifications to the California Existing Building Code. 8-11.101 Modifications to the California Existing Building Code. Delete all appendices. Ordinance 662 Exhibit A Chapter 12 POST-DISASTER REGULATIONS Sections: 8-12.101 Intent. 8-12.102 Application of provisions. 8-12.103 Placards. 8-12.101 Intent. This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy following an earthquake or other destructive event. The chapter further authorizes the Chief Building Official and representatives to post the appropriate placard at each entry to a building or structure upon completion of a safety assessment. 8-12.102 Application of provisions. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Atascadero following each destructive event. The City Council may extend the provisions as necessary. 8-12.103 Placards. Placards are those identified in and subject to AMC Title 8 Chapter 9 Section 103 (AMC 8-9.103)