HomeMy WebLinkAboutOrdinance 6081 9OR.ru►1 11:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
I I CALIFORNIA,
REPEALING TITLE 8 (BUILDING REGULATIONS) AND
REPLACING TITLE 8 TO ADOPT AND AMEND THE LATEST EDITIONS OF
THE CONSTRUCTION AND FIRE CODES,
AND ADOPT FINDINGS OF FACTS TO SUPPORT THE IMPOSITION OF
REQUIREMENTS GREATER THAN THE REQUIREMENTS ESTABLISHED
BY OR PURSUANT TO THE
CALIFORNIA BUILDING STANDARDS CODE
(City of Ataseadero)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from the City of Atascadero (6500 Palma
Avenue, Atascadero, CA 93422), to consider a project consisting of Amendments to Title 8, and Title
4 of the Atascadero Municipal Code to be consistent with the California Building Standards Code; and,
WHEREAS, it is the desire and intent of the City Council of the Atascadero to provide citizens
with the greatest degree of fire, life and structural safety in buildings in the most cost effective manner
by adopting that body of regulations referred to as the California Building Standards Code with
amendments specific to the City of Atascadero; and
WHEREAS, the California Health and Safety Code, Section 17958.5 and Section 18941.5,
require the City Council, before making any modifications or changes to the California Building
Standards Code pursuant to Health and Safety Code Sections 18941.5 and 17958.5, to make an express
finding that each such modification or change is needed; and,
WHEREAS, the California Health and Safety Code Section 17958.7 requires that such
changes must be determined to be reasonably necessary because of local climatic, geological, or
topographical conditions; and,
WHEREAS, such findings must be made available as a public record and a copy thereof with
each such modification or change shall be filed with the State of California Building Standards
Commission; and,
WHEREAS, the proposed text amendments are exempt per section 15061(b)(3) in accordance
with the California Environmental Quality Act (CEQA); and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held
on March 14, 2016, studied and considered the proposed municipal code text amendments and
changes; and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held
on March 28, 2017, approved the text changes on a second reading; and,
City of Atascadero
Ordinance No. 608
Page 2 of 31
WHEREAS, the Council of the City of Atascadero affirms the findings justifying previous
changes and modifications to the adopted construction and fire codes previously adopted; and,
WHEREAS, the City Council hereby determines that the California Building Code, California
Plumbing Code, California Electrical Code, and California Fire Code are required to be modified due
to the findings contained herein to greater requirements than those set forth in the California State
Building Standards; and,
WHEREAS, the City Council finds that each of the changes or modifications to measures
referred to therein are reasonably necessary because of local climatic, geological, or topographical
conditions in the area encompassed by the boundaries of the City of Atascadero, and the City Council
further finds that the following findings support the local necessity for the changes or modifications:
1. That the City of Atascadero is situated at the base of a watershed of the Santa Lucia
Mountains and that flooding of Atascadero Creek, Graves Creek, and Salinas River results
in conditions rendering fire department vehicular traffic unduly burdensome or impossible
as witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982, and
1995. Furthermore, flood conditions described above create the potential for overcoming
the ability of the fire department to aid or assist in fire control, evacuations, rescues and
other emergency task demands inherent in such situations. The resulting overburdening of
ty Council of the City of Atascadero, State of California, on March 28tection against fire
for buildings and structures located in the City of Atascadero. The afore -described
nconditions support the imposition of fire protection requirements greater than those set forth
in the California State Building Standards Code and, in particular, support the imposition of
greater requirements than set forth in the 2016 California Building Code;
2. That the City of Atascadero is situated near three major faults capable of generating
earthquakes with a magnitude of 7.5: the San Andreas to the east of the City, the
Nacimiento-Rinconada that crosses Hwy 101 north of the City then parallels the City to the
east, and the Hosgri to the South West. Other faults of importance are the Huasna and West
Huasna to the Southeast of the City, and the San Simeon to the Northwest. In as much as
these faults are included as major California earthquake faults, which are subject to
becoming active at any time, the City Atascadero is particularly vulnerable to devastation
should such an earthquake occur. The potential effects include isolating the City of
Atascadero from the north and south due to the potential for collapsing of freeway
overpasses or a slide on both the Cuesta and Ontario Grades and the potential for horizontal
or vertical movement of the Edna fault rendering surface travel across the southern
extremities of the City unduly burdensome or impossible. Additional potential situations
inherent in such an occurrence include broken natural-gas mains causing structure and other
fires, leakage of hazardous materials, the need for rescues from collapsed structures, and the
rendering of first aid and other medical attention to large numbers of people. The protection
of human life and the preservation of property in the event of such an occurrence support
the imposition of fire protection requirements greater than those set forth in the California
State Building Standards Code and in particular support the imposition of greater
requirements than set forth in 2016 California Building Code;
3. That the central commercial area in the City of Atascadero consists of mixed conditions that
create the potential for possible conflagration, including congested streets during the
business day, numerous older buildings without adequate internal fire -resistance, and
City of Atascadero
Ordinance No. 608
Page 3 of 31
contemporary low-rise buildings. The continued development of the Atascadero
commercial area and the current and potential development of high-rise buildings pose a
substantial threat of fire to human life, public safety, and the preservation of property and
support the imposition of fire protection requirements greater than those set forth in the
California State Building Standards Code, and in particular, support the imposition of
greater requirements than set forth in 2016 California Building Code;
4. That the City of Atascadero is bisected by a major freeway (Hwy 101), traversing in the
north/south direction and a major highway (Hwy 41) traversing in an east/west direction.
The City is also transected by a mainline railroad that traverses in the north/south direction.
It is a frequent occurrence for the aforementioned highways and railway to support the
transportation of hazardous materials. The potential for release or threatened release of a
hazardous material along one of these routes is highly probable given the volume
transported daily. Incidents of this nature will normally require all available emergency
response personnel to prevent injury and loss of life, and to prevent as far as practicable,
property losses. Emergency personnel responding to said incidents may be unduly impeded
and delayed in accomplishing an emergency response as a result of this situation, with the
potential result of undue and unnecessary risk to the protection of life and public safety,
particularly in those buildings or structures without the protection of automatic fire
sprinklers. The above-described problems support the imposition of fire protection
requirements greater than those set forth in the California State Building Standards Code,
and in particular support the imposition of greater requirements than set forth in the 2016
j� California Building Code;
5. That seasonal climatic conditions during the late summer and fall create numerous serious
difficulties in the control and protection against fire situations in the City of Atascadero.
The hot dry weather in combination with Santa Ana winds frequently results in wildland
fires in the brush -covered slopes on the Santa Lucia Mountains and several areas
surrounding. The aforementioned areas completely surround the City. When a fire occurs
in said areas, such as occurred in 1994, the Highway 41 fire burned for several days and
entered the City, the entirety of local fire department personnel is required to control,
monitor, fight and protect against such fire situations in an effort to protect life and preserve
property and watershed land. The same climatic conditions may result in the concurrent
occurrence of one or more fires in the more populated areas of the City without adequate
fire department personnel to protect against and control such a situation. Therefore, the
above-described findings support the imposition of fire -protection requirements greater
than those set forth in the California State Building Standards Code, and in particular
support the imposition of greater requirements than set forth in the 2016 California
Building Code;
6. That for the most part, the soils in the City of Atascadero are medium to highly expansive
in nature, and such soils may cause damage to foundations, structures and underground
utilities if not properly mitigated through known construction techniques. Furthermore, a
significant part of the City lies on hills and rolling topography subject to earth slides and
movements and present problems to developments constructed in such areas due to surface
n water drainage and disposal. The above-described conditions support the imposition of
requirements greater than those set forth in the California State Building Standards Code
and, in particular, support the imposition of greater requirements than those set forth in the
2016 California Building Code.
City of Atascadero
Ordinance No. 608
Page 4 of 31
WHEREAS, the City Council has determined that the provisions of the State Building
Standards Code shall be modified, changed and amended, as provided for in this ordinance, based upon
the foregoing findings and that said Council takes said action because of the public interest in
protecting life and preserving public safety and property; and,
WHEREAS, the Building Official is hereby authorized and directed to transmit a copy of this
ordinance to the California Building Standards Commission as required by California Health and
Safety Code Section 17958.7.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. All Chapters of Title 8 of the City of Atascadero Municipal Code are hereby
repealed and replaced by new Title 8 as follows.
n
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
7
City of Atascadero
Ordinance No. 608
Page 5 of 31
Chapter I
ADMINISTRATIVE
Sections:
8-1.101 Title.
8-1.102 Adoption of Codes.
8-1.103 Building Official designated.
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.
Eleven (11) documents, three (3) each of which are on file in City offices, identified by the Seal of the City of
Atascadero, marked and designated as:
2016 Edition of the California Building Code (Volumes 1 and 2) published by the International Code Council;
2016 Edition of the California Residential Code published by the International Code Council;
2016 Edition of the California Electrical Code published by the National Fire Protection Association;
2016 Edition of the California Mechanical Code published by the International Association of Plumbing and
Mechanical Officials;
2016 California Plumbing Code published by the International Association of Plumbing and Mechanical
n Officials;
2016 Edition of the California Green Building Code;
2016 Edition of California Energy Code;
2016 Edition of the California Historical Building Code;
2016 Edition of the California Existing Building Code;
2015 Edition of International Property Maintenance Code published by the International Code Council
2015 International Swimming Pool and Spa Code 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.
The 2015 International Solar Energy Provisions and Commentary is hereby incorporated as a reference
document only to pertinent section of the Building Code as determined by the Building Official.
8-1.103 Building Official designated.
The 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 Building Official.
n
City of Atascadero
Ordinance No. 608
Page 6 of 31
Chapter 2
ORGANIZATION AND ENFORCEMENT
Sections:
8-2.101 Administration of adopted Codes. .
8-2.102 Modification of Chapter 1, Division H.
8-2.103 Administration of adopted Codes.
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.
8-2.102 Modification of Chapter 1, Division H.
(a) Amend Section 103.1 to read as follows:
103.1 Creation of enforcement agency. The Building Services Division is hereby created and the official
in charge thereof shall be known as the building official.
(b) Amend Section 105.1 and add Section 105.1.3 to read as follows:
Required. Any owner or 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, 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.
Grading and/or waste disposal system permits for residential sites shall not be issued separately from the
building permit for the residence without specific approval of the building official and Community
Development Director.
105.1.3 Cargo containers and railroad cars. Railroad cars, cabooses, shipping containers, mobile homes
without HUD certification label, 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:
1. 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.
2. In residential one- and two-family dwellings, decks not exceeding 200 sq. ft. (18.58M2) in area, that
are not more than 30 inches (762mm) above grade at any point, that are not attached to a structure and do
not serve the exit door required by Section R311.3
(d) Amend Section 105.3.2 to read as follows:_
105.3.2 Time limitation of application.
1. Expiration of application. Applications for which no permit is issued within 180 days following
date of notification of approval/ready for issuance by the Building Division, or applications within 180
City of Atascadero
Ordinance No. 608
Page 7 of 31
days following date of notification of permit corrections to be picked up or returned, shall expire by
limitation, and plans and other data submitted for review may thereafter be returned to the applicant or
destroyed by the building official.
In order to renew action on an application after expiration, the applicant shall resubmit a permit
application, plans and pay a new plan review fees. No extension is allowed except by written appeal to the
Building Official. The Building Official is authorized to grant an extension of time for an additional period
not exceeding 180 days.
2. Fee refund. Application fees and permit fees are assessed to cover the cost of providing permit
issuance services and therefore are not refundable once service has been obtained. A full refund (100%)
can only be given when a cancelled application was submitted_ and/or reviewed due to staff error. Refunds
for cancelled applications will not include submittal fees, document imaging fees, and plan review fees
(once a plan review has been completed). Refunds must be requested in writing and within one (1) year of
application submittal date. Refunds for cancelled permits will include up to 80% of the permit fee,
provided no work has commenced and the request for refund is within one (1) year from permit issuance.
Refunds must be requested in writing and within one (1) year of permit issuance. Refunds will not be
processed for applications and/or permits that have been suspended or revoked, or that have expired due to
limitation.
105.5 Expiration of permit. Every permit issued by the building official under the provisions of this code
shall expire by limitation and become null and void if the building or work authorized by such permit is
not commenced within 180 days from the date of issuance of such permit, or if the building or work
authorized by such permit is suspended or abandoned for a period of 180 days at any time after the work is
commenced. Failure to request and receive a recorded inspection by the building official within the 180 -
day period constitutes a condition of suspension or abandonment.
Before work can be recommenced after expiration of a permit, a new permit shall be obtained to do so, and
the fee therefor 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 expiration, the permittee shall submit new plans, if required, and pay a new full
permit fee.
Any permittee holding an unexpired permit may apply for an extension of the time within which work may
commence under that permit when the permittee is unable to commence work within the time required by
this section for good and satisfactory reasons. The building official may extend the time for action by the
permittee for a period not exceeding 180 days on written request by the permittee showing that
circumstances beyond the control of the permittee have prevented action from being taken.
(f) 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 offense: An investigative fee equal to the amount of the required permit fee, with a minimum
of $500.00.
City of Atascadero
Ordinance No. 608
Page 8 of 31
The payment of such investigative fee shall not exempt any person from compliance with all other
nprovisions of this code nor from any penalty prescribed by law.
(g) Amend Appendix Section 113 to read as follows:
BUILDING CODE APPEALS HEARING OFFICER
113. General. 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.
(h) Add Sections 114.5 and 114.6 to read as follows:
114.5 Notice of noncompliance. When determined by the building official that work has been done
without required permits, or has not been completed in accordance with the requirements of this code, the
State Housing Laws, or any other adopted code, the building official may cause a Notice of
Noncompliance to be recorded with the County Recorder and shall notify the owner of the property of such
action. The Notice of Noncompliance shall describe the property, shall set forth the non -complying
conditions, and shall state that the owner of such property has been duly notified. The building official
shall record a notice of release of the Notice of Noncompliance with the County Recorder when it has been
determined by the building official that the non -complying conditions have been corrected.
114.6 Liability for costs of enforcement. Any person who maintains any premises in violation of any
provision of this code, the State Housing Law, or any other adopted code shall be liable for and obligated
to pay to the City of Atascadero all costs incurred by the City of Atascadero in obtaining abatement or
compliance that is attributable to or associated with the enforcement or abatement action, whether the
action is administrative, injunctive, or legal, and for all damages suffered by the City of Atascadero, its
agents, officers, and employees as a result of such violation or efforts to abate the violation.
If the owner of the property involved in such abatement or compliance action fails to pay for the costs of
such abatement or compliance action upon demand by the City of Atascadero, the City Council by
resolution may order the cost of the abatement to be specially assessed against the parcel. Such assessment
shall be collected at the same time and in the same manner as ordinary City taxes are collected and shall be
subject to the same penalties and the same procedure and sale in case of the delinquency as are provided
for ordinary City taxes.
City of Atascadero
Ordinance No. 608
Page 9 of 31
(i) Amend Section 116.1 to read as follows:
116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or
deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which
constitute a fire hazard, or are otherwise dangerous to human life or public welfare, or that involve illegal
or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures
shall be taken down and removed or made safe, as the building official deems necessary and as provided
for in this section and the 2015 Edition of the International Property Maintenance Code, as adopted. A
vacant structure that is not secured against entry shall be deemed unsafe.
0) Add Section 116.6 to read as follows:
116.6 Levels of code compliance 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 building code 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.
Exception: For structures damaged by flood see AMC Title 7 Chapter 11.
(k) Add Section 117 to read as follows:
SECTION 117
CONSTRUCTION SITE
117.1 Temporary toilet facilities required. No person shall initiate or proceed with construction,
erection, alteration, repair, or razing a project without first having provided an adequate number of suitable
sanitary job toilet facilities for the use of workers on the project in a ration of 1 toilet per 30 workers.
Toilets must be within two hundred (200) feet of each work area within the project site.
8-2.103 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.
City of Atascadero
Ordinance No. 608
Page 10 of 31
701A.1. This chapter applies to building materials, systems and/or assemblies used in the exterior design
of construction of new buildings and additions to existing buildings whose first application for
construction permit was submitted after October 4, 2004, and located in a High or Very High Fire Severity
Zone as described on the approved City of Atascadero Fire Severity Zone map on file in the office of the
Fire Chief of the City of Atascadero.
(c) Amend 701A.2 to read as follows:
701A.2 Purpose. The purpose of this chapter is to establish minimum standards for the protection of life
and property by increasing the ability of a building located in a High or Very High Fire Severity Zone
within the City of Atascadero to resist the intrusion of flames or burning embers projected by a vegetation
fire and contributes to a systematic reduction in conflagration losses.
(d) Amend Section 701A.3 to read as follows:
701A.3 Application. New buildings, or additions or alterations to buildings whose first application for
construction permit was submitted after October 4, 2004, located in a High or Very High Fire severity zone
shall comply with all sections of this chapter, as amended.
Exceptions:
1. Detached trellises, patio covers, gazebos and similar structures, 450 sq. ft. or less, with open trellis
roof or Class A roofing, when open on all sides and located at least 10 feet from adjacent buildings.
2. Accessory structures not exceeding 120 square feet in floor area and exempt from a building permit
per Section 105.2, as amended.
3. Agricultural buildings where located at least 50 feet from buildings containing habitable spaces on
the same lot and 50 feet from an adjacent property line.
4. Additions or modifications to existing buildings whose first application for construction permit was
submitted prior to October 5, 2004.
(e) Amend 704A.1 as follows:
704A.1 General. The materials prescribed herein for ignition resistance shall conform to the requirements
of this chapter. Wood shake or wood shingle roofing products shall not be installed on any exterior part of
any building.
(f) Delete Sections 903.2 through 903.2.19. Add new Section 903.2 to read as follows:
903.2 Where required. An approved automatic fire sprinkler system shall be installed consistent with the
requirements contained in Section 4-7.103 (Fire Code).
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 Appendices A, B, C, D, E, F, G, H, K, L, and M. Adopt Appendix I and J104.1,
(b)
Amend Section 701A.1 to read as follows:
701A.1. This chapter applies to building materials, systems and/or assemblies used in the exterior design
of construction of new buildings and additions to existing buildings whose first application for
construction permit was submitted after October 4, 2004, and located in a High or Very High Fire Severity
Zone as described on the approved City of Atascadero Fire Severity Zone map on file in the office of the
Fire Chief of the City of Atascadero.
(c) Amend 701A.2 to read as follows:
701A.2 Purpose. The purpose of this chapter is to establish minimum standards for the protection of life
and property by increasing the ability of a building located in a High or Very High Fire Severity Zone
within the City of Atascadero to resist the intrusion of flames or burning embers projected by a vegetation
fire and contributes to a systematic reduction in conflagration losses.
(d) Amend Section 701A.3 to read as follows:
701A.3 Application. New buildings, or additions or alterations to buildings whose first application for
construction permit was submitted after October 4, 2004, located in a High or Very High Fire severity zone
shall comply with all sections of this chapter, as amended.
Exceptions:
1. Detached trellises, patio covers, gazebos and similar structures, 450 sq. ft. or less, with open trellis
roof or Class A roofing, when open on all sides and located at least 10 feet from adjacent buildings.
2. Accessory structures not exceeding 120 square feet in floor area and exempt from a building permit
per Section 105.2, as amended.
3. Agricultural buildings where located at least 50 feet from buildings containing habitable spaces on
the same lot and 50 feet from an adjacent property line.
4. Additions or modifications to existing buildings whose first application for construction permit was
submitted prior to October 5, 2004.
(e) Amend 704A.1 as follows:
704A.1 General. The materials prescribed herein for ignition resistance shall conform to the requirements
of this chapter. Wood shake or wood shingle roofing products shall not be installed on any exterior part of
any building.
(f) Delete Sections 903.2 through 903.2.19. Add new Section 903.2 to read as follows:
903.2 Where required. An approved automatic fire sprinkler system shall be installed consistent with the
requirements contained in Section 4-7.103 (Fire Code).
City of Atascadero
Ordinance No. 608
Page 11 of 31
n Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to
I` I 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.
�j 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 .
inches in height.
(g) Amend Section 1505.1 to read as follows:
n1505.1 General. Roof assemblies shall be divided into the classes as defined below. Class A, B and C roof
assemblies and roof coverings required to be listed by this section shall be tested in accordance with
ASTM E 108 or UL 790. The minimum roof coverings installed on new and existing buildings shall be a
Class A assembly.
City of Atascadero
Ordinance No. 608
Page 12 of 31
Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610.
(i) Amend Section 1802.2 to read as follows:
1802.2 Where required. The owner or applicant shall submit foundation and soils investigation report to
the building official where required in Sections 1802.2.1 through 1802.2.7.
Exceptions:
1. The building official need not require a foundation and soils investigation report where satisfactory
data from adjacent areas is available that demonstrates an investigation is not necessary for any of the
conditions in Sections 1802.2.1 through 1802.6.
2. The building official need not require a foundation and soils investigation report for one-story, wood -
frame and light -steel -frame additions to Group I2, Division 1 and 3 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.
(k) Amend Section 3109.4.4.2 as follows:
Section 3109.4.4.2 Construction permit; safety features required. Commencing January 1, 2007, except
as required by Section 3109.4.4.5, whenever a building permit was issued for construction of a new
swimming pool or spa or any building permit issued for remodeling of an existing pool or spa, at a private,
single-family home, it shall be equipped with at least one of the following seven drowning prevention
safety features:
Items 4 and 5 may only be used in conjunction with an enclosure meeting the requirements of Section
3109.4.4.3, that isolates the swimming pool, spa or hot tub from adjoining property.
1. The pool shall be isolated from access to a home by an enclosure that meets the requirements of
Section 3109.4.4.3.
2. The pool shall incorporate removable mesh pool fencing that meets American Society for Testing and
Materials (ASTM) Specifications F 2286 standards in conjunction with a gate that is self-closing and self -
latching and can accommodate a key lockable device.
3. The pool shall be equipped with an approved safety pool cover that meets all requirements of the
ASTM Specifications F 1346.
4. The residence shall be equipped with exit alarms on those doors providing direct access to the pool.
5. All doors providing direct access from the home to the swimming pool shall be equipped with a self-
closing, self -latching device with a release mechanism placed no lower than 54 inches above the floor.
6. Swimming pool alarms that, when placed in pools, will sound upon detection of accidental or
unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the
ASTM Standard F 2208 "Standards Specification for Pool Alarms" which includes surface motion,
pressure, sonar, laser and infrared type alarms. For purposes of this article, "swimming pool alarms" shall
not include swimming protection alarm devices designed for individual use, such as an alarm attached to a
child that sounds when the child exceeds a certain distance or becomes submerged in water.
7. Other means of protection, if the degree of protection afforded is equal to or greater than that
afforded by any of the devices set forth in Items 1 through 4, and have been independently verified by an
approved testing laboratory as meeting standards for those devices_ established by the ASTM or the
American Society of Testing Mechanical Engineers (ASTM).
City of Atascadero
Ordinance No. 608
Page 13 of 31
(1) Amend Appendix J1 01.1 to read as follows:
J101.1 Scope. Grading, excavation, and earthwork construction, including fills and embankments, shall
comply with the provisions of this chapter and Title 9, Sections 9-4.138 through 9-4.154 of the Atascadero
Municipal Code. Where conflicts occur between the technical requirements of this chapter and the soils
report, the soils report shall govern. Where conflicts occur between this chapter and Title 9 provisions, the
most restrictive shall govern.
(m) Add Appendix Section J101.3 to read as follows:
J101.3 Special grading standards. All excavations and fills except for minor grading shall be conducted
in accordance with the following special standards:
1. Area of cuts and fills. Cuts and fills shall be limited to the minimum amount necessary to provide
stable embankments for required parking areas or street rights-of-way, structural foundations, and adequate
yard areas. Consideration shall be given to revising the building design to minimize unnecessary grading.
2. Creation of building sites: slope limitations. Grading for the purpose of creating a site for a
building or structure shall be prohibited on slopes of 20 percent or greater except where authorized through
precise plan approval.
3. Final contours. Contours, elevations and shapes of finished surfaces shall be blended with adjacent
natural terrain to achieve a consistent grade and natural appearance.
I (n) Add Appendix Section J101.4 to read as follows:
J101.4 Grading near watercourses such as creeks, streams and rivers (collectively referred to as
"creeks"). Grading, dredging, or diking may not alter any intermittent or perennial stream or natural body
of water shown on any USGS 7 1/2 minute map, except as permitted through approval of a grading and
drainage plan, and appropriate permits from the California Department of Fish and Game and any other
federal or State agency with jurisdiction over work near or in creeks. Watercourses are to be protected as
follows:
1. Watercourses shall not be obstructed unless an alternate drainage facility is approved.
2. Fills placed within creeks shall have suitable protection against erosion during flooding.
3. Grading equipment shall not cross or disturb channels containing live streams without siltation
control measures approved by the City Engineer in place.
4. Excavated materials shall not be deposited or stored in or alongside creeks where the materials can be
washed away by high water or storm runoff.
(o) Amend Appendix Section J103.2 to read as follows:
J103.2 Exempted work. A grading permit shall not be required for the following:
1. Grading in an isolated, self-contained area, provided there is no danger to the public, that such
grading will not adversely affect adjoining properties, and that such grading is approved by the City
Engineer,
2. Excavation for construction of a structure permitted under this code.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells, or trenches for utilities.
City of Atascadero
Ordinance No. 608
Page 14 of 31
6. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel, aggregate, or clay
controlled by other regulations, provided such operations do not affect the lateral support of, or
significantly increase stresses in, soil on adjoining properties.
7. Exploratory excavations performed under the direction of a registered design professional. Any
grading needed to gain access to exploratory excavation areas is not included in this exemption.
8. Excavation and/or fill not greater than 50 cubic yards (38.3 m3) that is not intended to support a
structure does and will not obstruct a drainage course.
Exemption from the permit requirements of this appendix 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.
(p) Add Appendix Sections J104.2.1 and J104.2.2 to read as follows:
J104.2.1 Application content. To apply for a grading permit, the grading plan shall be submitted together
with the additional information required by this section. Where grading requiring a permit is proposed in
conjunction with a precise plan or conditional use permit request, those applications may be used to satisfy
grading permit information requirements as long as all required information is submitted.
Where a grading permit is required and the grading will move less than 500 cubic yards and is located on
slopes less than 20 percent, the application for a grading permit shall include the following:
1. Contour Information.
a. For sites with slopes of 10 percent or less, accurate contours of existing ground at one foot
intervals and drainage channels, including areas of the subject site (and adjoining properties) that will
be affected by the disturbance either directly or through drainage alterations.
b. For sites with slopes greater than 10 percent and less than 30 percent, details of area drainage
and accurate contours of existing ground at 2 -foot intervals; for slopes 30 percent or greater, contours
at 5 -foot intervals.
2. Location of any buildings or structures existing or proposed on the site within 50 feet of the area that
may be affected by the proposed grading operations.
3. Proposed use of the site necessitating grading.
4. Limiting dimensions, elevations or finished contours to be achieved by the grading, slopes of cut and
fill areas and proposed drainage channels and related construction.
5. Drainage plan. The drainage plan shall include provisions to mitigate the impact of drainage on
nearby creeks, swales and off-site properties or structures. The drainage plan shall comply with the
requirements of any Council adopted City Engineering Standard Specifications and Drawings, Low Impact
Development, or Hydromodification Control Standards.
6. A soils engineering report, including date regarding the nature, distribution and strength of existing
soils, conclusions and recommendations for grading procedures and criteria for corrective measures when
necessary and opinions and recommendations covering adequacy of sites to be developed by the proposed
grading.
7. Where required by the building official, an engineering geology report, including a description of site
geology, conclusions and recommendations regarding the effect of geologic conditions on the proposed
development, and opinions and recommendations covering the adequacy of sites to be developed by the
proposed grading.
8. Intended means of erosion and sedimentation control and site revegetation, including the location,
species, container size and quantity of plant materials proposed, and the proposed time of planting.
City of Atascadero
Ordinance No. 608
Page 15 of 31
9. Protective measures to be taken during construction, such as hydro -mulching, berms (temporary or
permanent), interceptor ditches, subsurface drains, terraces, and/or sediment traps in order to prevent
erosion of the cut faces of excavations or of the sloping surfaces of fills.
10. Where grading area of disturbance exceeds one acre, a Stormwater Pollution Prevention Plan will be
submitted. The Stormwater Pollution Prevention Plan shall be in compliance with the most recent General
Construction Permit issued by the State Water Resources Control Board.
Where the grading will move 500 cubic yards or more, is located on slopes of 20 percent or greater, or is
located within a Geologic Hazard overlay zone or Flood Hazard overlay zone, the grading plan shall be
prepared and certified by a registered civil engineer and shall include specifications covering construction
and material requirements in addition to the information required above. The grading plan shall also
include:
1. If located in a Flood Hazard Area, the grading plan shall include flood way and flood zone
boundaries and appropriate mitigations required by Municipal Code Title 7, Chapter 11 Flood Damage
Prevention.
2. If located in a Geologic Hazard Overlay Zone, an engineering geology report, including a description
of site geology, conclusions and recommendations regarding the effect of geologic conditions on the
proposed development, and opinions and recommendations covering the adequacy of sites to be developed
by the proposed grading.
(q) Amend Appendix J108.1 to read as follows:
I I .1108.1 General. Cut and fill slopes shall be set back from the property lines in accordance with this
section. Setback dimensions shall be measured perpendicular to the property line and shall be as shown in
Figure J108.1, unless substantiating data is submitted justifying reduced setbacks. The building official
may require an investigation and recommendation by a qualified engineer or engineering geologist to
demonstrate that the intent of this section has been satisfied prior to approval of alternate setbacks.
(r) Add Appendix Section JI 10.2 to read as follows:
J110.2 Revegetation. Where natural vegetation has been removed through grading in areas not affected by
the landscaping requirements and that shall not be occupied by structures, such areas shall be replanted to
prevent erosion after construction activities are completed as follows:
1. Preparation for revegetation. Topsoil removed from the surface in preparation for grading and
construction shall be stored on or near the site and protected from erosion while grading operations are
underway, provided that such storage may not be located where it would cause suffocation of root systems
of trees intended to be preserved. After completion of such grading, topsoil shall be restored to exposed cut
and fill embankments or building pads to provide a suitable base for seeding and planting.
2. Methods of revegetation. Acceptable methods of revegetation include hydro -mulching, or the
planting of rye grass, barley or other seed with equivalent germination rates. Where lawn or turf grass is to
be established, lawn grass seed or other appropriate landscaping cover shall be sown at not less than four
(4) pounds to each one thousand (1,000) square feet of land area. Other revegetation methods offering
equivalent protection may be approved by the building official. Plant materials shall be watered at intervals
sufficient to assure survival and growth. Native plant materials are encouraged to reduce irrigation
demands.
3. Off-site effects. Grading operations shall be conducted to prevent damaging effects of erosion,
sediment production and dust on adjacent property, including public and private rights-of-way.
City of Atascadero
Ordinance No. 608
Page 16 of 31
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 Appendices A, B, C, D, E, F, G, I, J, K, L, M, N, O, P, Q, R, T, U, V and W. Adopt
Appendix H, S
(b) Adopt select sections of Chapter 1 Division 1 and Chapter 1 Division II as outlined in the Matrix Adoption
Table of the California Residential Code. (c) Delete Section R313. Add new Section R313 to read as
follows:
Section R313 Required. Fire sprinkler systems shall be as set forth in Section 903.2 of the California
Building Code, as amended.
(d) Amend Section R401.1 to read as follows:
Section R401.1. Required. The owner or applicant shall submit foundation and soils investigation report
to the building official as set forth in the California Building Code, as amended.
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Ordinance No. 608
Page 17 of 31
n Chapter 5
ELECTRICAL CODE
Section:
8-5.101 Modifications of the California Electrical Code.
8-5.102 Small residential rooftop solar energy system review process.
8-5.103 Underground utility services.
8-5.104 Electric Vehicle Charging Stations
8-5.101 Modifications of the California Electrical Code.
(a) Administration of the California Electrical Code shall be as set forth in Chapter 1 Division II of the
California Building Code, as amended.
(b) Amend Article 230-70(A)(1) to read as follows:
(1) Readily accessible location. The service disconnecting means shall be installed at a readily
accessible location either outside the building or other structure, or inside nearest the point of entrance of
the service conductors. The disconnecting means shall be accessible to emergency personnel, either
directly or by a remote actuating device, without requiring transit of the building interior. Dedicated
electrical equipment rooms located at the building perimeter and providing direct access to the outside
shall satisfy accessibility for emergency personnel.
j� 8-5.102 Small residential rooftop solar energy system review process.
(a) The following words and phrases as used in this section are defined as follows:
"Electronic submittal" means the utilization of one or more of the following:
(1) Email;
(2) The Internet;
(3) Facsimile.
"Small residential rooftop solar energy system" means all of the following:
(1) A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or
thirty (30) kilowatts thermal.
(2) A solar energy system that conforms to all applicable State fire, structural, electrical, and other
building codes as adopted or amended by the City and paragraph (iii) of subdivision (c) of Section 714 of the
Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.
(3) A solar energy system that is installed on a single- or duplex -family dwelling.
(4) A solar panel or module array that does not exceed the maximum legal building height as defined by
the authority having jurisdiction.
"Solar energy system" has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of
Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated
from time to time.
(b) Section 65850.5 of the California Government Code provides that, on or before September 30, 2015,
every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting
process for small residential rooftop solar energy systems.
(c) Section 65850.5 of the California Government Code provides that in developing an expedited
permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which
small rooftop solar energy systems shall comply to be eligible for expedited review. The Building Official is
hereby authorized and directed to develop and adopt such checklist.
City of Atascadero
Ordinance No. 608
Page 18 of 31
(d) The checklist shall be published on the City's website. The applicant may submit the permit
application and associated documentation to the City's Building Division by person, mail, or electronic
submittal together with any required permit processing and inspection fees. In the case of electronic submittal,
the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu
of a wet signature.
(e) Prior to submitting an application, the applicant shall:
(1) Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation
techniques that the support structure for the small residential rooftop solar energy system is stable and adequate
to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and
(2) At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical
inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring
as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current
use, to carry all new photovoltaic electrical loads.
(f) For a small residential rooftop solar energy system eligible for expedited review, only one (1)
inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection
by the Chief Building Official and Fire Chief. If a small residential rooftop solar energy system fails inspection,
a subsequent inspection is authorized; however the subsequent inspection need not conform to the requirements
of this subsection.
(g) An application that satisfies the information requirements in the checklist, as determined by the
Building Official, shall be deemed complete. Upon receipt of an incomplete application, the Building Official
shall issue a written correction notice detailing all deficiencies in the application and any additional information
required to be eligible for expedited permit issuance.
(h) Upon confirmation by the Building Official of the application and supporting documentation being
complete and meeting the requirements of the checklist, the Building Official shall administratively approve the
application and issue all required permits or authorizations. Such approval does not authorize an applicant to
connect the small residential rooftop energy system to the local utility provider's electricity grid. The applicant
is responsible for obtaining such approval or permission from the local utility provider.
8-5.103 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 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.
City of Atascadero
Ordinance No. 608
Page 19 of 31
8-5.104 Electric Vehicle Charging Stations.
Definitions. The following terms shall have the following meanings:
A. Electric vehicle charging station or charging station. Any level of electric vehicle supply
equipment station that is designed and built in compliance with Article 625 ofthe California Electrical
Code and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
B. Electronic submittal. The utilization of one or more of the following:
1. Email;
2. Internet;
3. Facsimile.
C. Specific, adverse impact. A significant, quantifiable, direct, and unavoidable impact, based on
objective, identified, and written public health or safety standards, policies, or conditions as they
existed on the date the application was deemed complete.
Electric Vehicle Charging Station Requirements
A. All electric vehicle charging stations shall meet applicable health and safety standards and
requirements imposed by the state and the city.
I B. Electric vehicle charging stations shall meet all applicable safety and performance standards
established by the California Electrical Code, the Society of Automotive Engineers, the National
Electrical Manufacturers Association, accredited testing laboratories, and, where applicable, the
Public Utilities Commission regarding safety and reliability.
Checklists and Standard Plans
A. The building official shall establish an administrative, nondiscretionary expedited permit application
review process for electric vehicle charging stations, including standard plans and checklists. The
checklists shall set forth all requirements with which the electric vehicle charging station must comply
in order to be eligible for expedited review.
B. The electric vehicle charging station permit process, standard plans, and checklists shall substantially
conform to the recommendations for expedited permitting, including the checklists and standard
plans, contained in the most current version of "Plug -In Electric Vehicle Infrastructure Permitting
Checklist" of the "Zero -Emission Vehicles in California: Community Readiness Guidebook"
published by the Governor's Office of Planning and Research. The building official may modify the
checklists and standard plans found in the Guidebook due to unique climactic, geological,
seismological, or topographical conditions.
C. The checklists and standard plans for electric vehicle charging stations, as well as all other required
permitting documentation, shall be available on the City of Atascadero's website. Unique climactic,
geological, seismological or topographical conditions requiring modifications of the checklists and
standard plans found in the "Plug -In Electric Vehicle Infrastructure Permitting Checklist" of the
"Zero -Emission Vehicles in California: Community Readiness Guidebook" shall be included on the
website.
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City of Atascadero
Ordinance No. 608
Page 20 of 31
Permit Application Review
A. An applicant may submit the permit application and related documentation for an electric vehicle
charging station by electronic submittal, including all required permit processing and inspection fees,
as specified on the City of Atascadero's website. Electronic signatures shall be accepted on all
electronic submittals in lieu of a wet signature.
B. A permit application for an electric vehicle charging station shall be deemed complete when the
building official determines that the application satisfies all the information requirements in the
checklists and standard plans.
C. If a permit application for an electric vehicle charging station is deemed incomplete, a written
correction notice detailing all deficiencies in the application and any additional information or
documentation required to be eligible for expedited permit issuance shall be sent to the applicant for
resubmission.
D. An application for an electric vehicle charging station shall be administratively reviewed and
approved by the building official as a nondiscretionary permit within in a reasonable time following
receipt of a complete application that satisfies the requirements of the approved checklists and
standard plans, and includes payment of all required permit processing and inspection fees.
E. The building official may require the applicant to apply for a use permit pursuant to other City
Municipal Code provisions if the building official, based on substantial evidence, determines that the
proposed electric vehicle charging station could have a specific, adverse impact upon the public health
and safety.
F. Approval of a permit application for an electric vehicle charging station shall not be based or
conditioned on the approval of an association, as defined in Section 4080 of the Civil Code.
City of Atascadero
Ordinance No. 608
Page 21 of 31
�{ 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 Division I of Chapter 1. Administration of the plumbing code shall be as set forth in Chapter
Division II of the California Plumbing Code, as amended.
(b) Delete Appendices B, C,, E, F, G, J, K and L. Adopt Appendices A, D,, Hand I.
(c) Amend Section 710.1 to read as follows:
710.1 Drainage piping serving fixtures located at an elevation of less than one (1) foot above the nearest
upstream manhole cover in the main sewer serving said fixtures shall drain by gravity into the main sewer,
and shall be protected from backflow of sewage by installing an approved backwater valve. Each such
backwater valve shall be installed only in that branch or section of the drainage system that receives the
discharge from fixtures located less than one (1) foot above the nearest upstream manhole cover.
(d) Amend Section 713.5 to read as follows:
713.5 No permit shall be issued for the installation, alteration, or repair of any private sewage disposal
system, or part thereof, on any lot where a public sewer is available at the property line or where the public
sewer is within 200 feet of the proposed or existing building.
(e) Amend Section 717 to read as follows:
717.0 Size of building sewers. The minimum size of any building sewer shall be determined on the basis
of the.total number of fixture units drained by such sewer, in accordance with Table 7-8. No sewer shall be
smaller than the building drain. All building sewers shall be constructed with pipe of internal diameter not
less than four (4) inches (100 mm), unless a pipe of internal diameter not less than three (3) inches is
approved by the Authority Having Jurisdiction.
(f) 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.
III
City of Atascadero
Ordinance No. 608
Page 22 of 31
Chapter 7
MECHANICAL CODE
Section:
8-7.101 Modifications to the California Mechanical Code.
8-7.101 Modifications to the California Mechanical Code.
(a) Administration of the mechanical code shall be as set forth in Chapter 1 Division II of the California
Mechanical Code.
(b)Adopt select sections of Chapter 1, Division I and Chapter 1, Division II as outlined in the Maxrix
Adoption Table of the California Mechanical Code. Delete Appendices A, B, C, D, E, F and G.
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City of Atascadero
Ordinance No. 608
Page 23 of 31
Chapter 8
n GREEN BUILDING CODE
Section:
8-8.101 Modifications to the California Green Building Code.
(a) Delete Appendices A4, A5.1 -A5.6 and A6.1.
(b) Amend Section 4.408 to read as follows:
4.408.1 Construction waste management.
Add exception 4. Projects less than $25,000.00 valuation and/or less than 250 sq. ft. in area.
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City of Atascadero
Ordinance No. 608
Page 24 of 31
Chapter 9
UNSAFE BUILDINGS AND STRUCTURES
Section:
8-9.101 Modifications to the International Property Maintenance Code.
(a) Amend Section 101.1 to read as follows:
101.1 Title. These regulations shall be ]mown as the Property Maintenance Code of Atascadero,
hereinafter referred to as "this code."
(b) Amend Section 102.3 to read as follows:
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of
occupancy, shall be done in accordance with the procedures and provisions of the California Building
Standards Code and other applicable laws and ordinances.
(c) Amend Section 103.1 to read as follows:
103.1 General. The office of property maintenance inspection is hereby created and the executive official
in charge thereof shall be ]mown as the code official.
(d) Amend Section 103.5 to read as follows:
103.5 Fees. The fees for activities and services performed by the code official under this code shall be in
accordance with the schedule as established by the applicable governing authority.
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City of Atascadero
Ordinance No. 608
Page 25 of 31
n 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.
�j 8-10.102 Adoption of Codes.
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 Modification of Model Water Efficient Landscape Ordinance.
(a) Amend Section 491 to read as follows:
(oo) "local agency" means the City of Atascadero, responsible for the approval of a permit, plan
check, or design review of a project.
(pp) "local water purveyor" means the Atascadero Mutual Water Company (AMWC), that
provides water retail services and implements this ordinance.
(b) Amend Section 492 to read as follows:
(a) The City of Atascadero designates through mutual agreement, the Atascadero Mutual Water
Company (AMWC) to implement some or all of the requirements contained in this ordinance.
The City of Atascadero will collaborate with the AMWC to define each entity's specific
responsibilities relating to this ordinance.
(c) Amend Section 492.5 to read as follows:
(a)(1)(C). In single family subdivisions for five (5) lots or more, a soil sampling rate of 15% of
all lots will satisfy this requirements. Large landscape projects shall sample at an equivalent
rate of 1 in 7 lots.
I (a)(2)(B). Eliminate requirement.
(a)(4). The project applicant, or their designee, shall submit documentation verifying
implementation of soil analysis report to the City of Atascadero prior to permit final of
landscaping plan(s).
City of Atascadero
Ordinance No. 608
Page 26 of 31
(d) Amend Section 492.7 to read as follows
(a)(1)(A). Landscape meters, defined as a dedicated water service meter, shall be installed for all
non-residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq. ft (the level at
which Water Code 535 applies), newly installed or rehabilitated residential irrigated landscapes
of 5,000 sq. ft., any common area landscaping for residential subdivisions of two (2) or more
lots, or any multi -family residential development, a landscape water meter shall be:
1. A customer service meter dedicated to landscape use provided by the Atascadero Mutual
Water Company.
(e) Amend Section 492.12 to read as follows:
(c)(2). The local water purveyor shall administer programs that may include, but not limited to
irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the
Maximum Applied Water Allowance.
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City of Atascadero
Ordinance No. 608
Page 27 of 31
n 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.
(a) Adopt Appendix Al.
(b) Add Appendix Section 102.3 to read as follows:
102.3 Compliance with other codes. All conforming and legal nonconforming buildings that are required
to be strengthened by alteration as a result of this chapter shall not be required to comply with current site
improvement standards of the City zoning ordinance, including parking and landscaping.
(c) Add definitions to Section A103 to read as follows:
ESSENTIAL BUILDING. A building of unreinforced masonry construction that contains a hospital or
other medical facility having surgery or emergency treatment areas, fire and police stations or a municipal
government disaster operation and communication center.
HIGH-RISK BUILDING. A building of unreinforced masonry construction that is not an essential
building. A high-risk building shall not include a building having exterior walls braced with masonry
crosswalls or wood frame crosswalls spaced less than forty (40) feet apart in each story; crosswalls shall be
full story height with a minimum length of one and one-half (1 1/2) times the story height.
(d) Add Appendix Section Al 15 entitled "Administrative Provisions" to read as follows:
SECTION A115 ADMINISTRATIVE PROVISIONS
A115.1 Rating classifications. The rating classifications shown in Table A115.1 of this section are
established and each building within the scope of this chapter shall be placed in one such rating
classification by the building official.
Exception: Portions of buildings constructed to act independently when resisting seismic forces may be
placed in separate rating classifications.
TABLE A115.1 RATING CLASSIFICATIONS
Type of Building
Class
Essential Building
I
High Risk Building
II
n A115.1.1 General requirements. The owner of each building within the scope of this chapter shall cause
a structural analysis of the building to be made by a civil or structural engineer or architect licensed by the
State of California. If the building does not meet the minimum earthquake standards specified in this
chapter, the owner shall either cause it to be structurally altered to conform to such standards or cause the
building to be demolished.
City of Atascadero
Ordinance No. 608
Page 28 of 31
The owner of each building within the scope of this chapter shall comply with the requirements set forth
above by submitting to the building official for review within the stated time limits:
On or before January 1, 2005, a structural analysis, which is subject to approval by the building official,
and which shall demonstrate that the building meets the minimum requirements of this chapter; or
On or before January 1, 2005, a structural analysis and plans for the proposed structural alterations of the
building necessary to comply with the minimum requirements of this chapter; or
On or before January 1, 2005, plans for the demolition of the building.
After plans are submitted and approved by the building official, the owner shall obtain a building permit,
commence and complete the required construction within the time limits set forth in Table Al 15.1.1.
TABLE A115.1.1
TIME LIMITS FOR COMPLIANCE
Rating
Classification
Occupant
Load
Deadline for
Submission of
Rehabilitation
Plans
Building Permit
Issuance Deadline
for Strengthening
or Demolition
From Date of Permit Issuance
Commence Within
Complete Within
I
Any
January 1, 2005
January 1, 2005
180 days
3 years
II
Any
January I, 2005
January 1, 2005
180 days
3 years
A115.2 Notice and Order.
I A115.2.1 General. The building official shall, within 30 days of the determination that a building is of
unreinforced masonry construction issue a notice and order as provided in this section to the owner of a
building within the scope of this chapter.
A115.2.2 Service of notice and order. A notice or order issued pursuant to this section shall be in writing
and shall be served either personally or by certified or registered mail upon the owner as shown on the last
equalized assessment roll, and upon the person, if any, in apparent charge or control of the building. The
failure of any such person to receive such notice or order shall not affect the validity of any proceedings
taken under this chapter or relieve any such person from any duty or obligation imposed on him by the
provisions of this chapter.
A115.2.3 Content of notice and order. The notice shall specify that the building has been determined by
the building official to be within the scope of this chapter and, therefore, is subject to the minimum seismic
standards of this chapter. The order shall direct the owner to obtain a building or demolition permit as
required by this chapter and cause the building to be structurally altered to conform to the provisions of
this chapter, or cause the building to be demolished. The notice or order shall be accompanied by a copy of
Section A115.1, which sets forth the owner's responsibilities.
A115.3 Appeal. The owner of the building may appeal the building official's initial determination that the
building is within the scope of this chapter to the Board of Appeals established by Appendix Section 112
of the California Building Code, as adopted. Such appeal shall be filed with the Board within 60 days from
n the service date of the order described in Section Al 15.2. Any appeal shall be decided by the Board no
later than 90 days after filing and the grounds thereof shall be stated clearly and concisely. Appeals or
requests for modifications from any other determinations, orders or actions by the building official
pursuant to this chapter shall be made in accordance with the procedures established in Appendix Section
104.10 of the California Building Code.
City of Atascadero
Ordinance No. 608
Page 29 of 31
A115.4 Recordation. At the time that the building official serves the aforementioned notice, the building
official shall also file and record with the office of the county recorder a certificate stating that the subject
building is within the scope of this chapter and is a potentially earthquake hazardous building. The
certificate shall also state that the owner thereof will be ordered to structurally analyze the building to
determine compliance with this chapter.
If the building is either demolished, found not to be within the scope of this chapter, or is structurally
capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or
an analysis, the building official shall file and record with the office of the county recorder a form
terminating the status of the subject building as being classified within the scope of this chapter.
A115.5 Enforcement. If the owner in charge or control of the subject building fails to comply with any
order issued by the building official pursuant to this chapter within the time limit set forth in Section
Al 15.1, the building official shall verify that the record owner of this building has been properly served. If
the order has been served on the record owner, then the following provisions apply:
1. The building official may order that the entire building be vacated and that the building remain
vacated until such order has been complied with. If compliance with such order has not been accomplished
within 90 days after the date the building has been ordered vacated or such additional time as may have
been granted by the Board of Appeals, the building official may order its demolition in accordance with
the provisions of Sections 107, 108, and 109 of the International Property Maintenance Code.
2. Any person who violates any provision of this chapter is guilty of a misdemeanor, and is subject to
the penalty as provided for in Chapter 1 of the City of Atascadero Municipal Code.
1�
City of Atascadero
Ordinance No. 608
Page 30 of 31
Chapter12
POST-DISASTER REGULATIONS
Sections: -
8-12.101 Intent.
8-12.102 Application of provisions.
8-12.103 Definitions.
8-12.104 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 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 Definitions.
Safety Assessment. A visual, nondestructive examination of a building or structure for the purpose of
determining the condition for continued use.
8-12.104 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 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 Building Official. It is unlawful for any person, firm or
ncorporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.
City of Atascadero
Ordinance No. 608
Page 31 of 31
SECTION 2. A summary of this ordinance, approved by the City Attorney, together with the
ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero
News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of
fifteen (15) days after its final passage, in the Atascadero News, a newspaper published and circulated
in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's
Office on and after the date following introduction and passage and shall be available to any interested
member of the public.
INTRODUCED at a regular meeting of the City Council held on February 28, 2017, and PASSED and
ADOPTED by the City Council of the City of Atascadero, State of California, on March 28, 2017, by
the following roll call vote:
AYES: Council Members Bourbeau, Moreno, Sturtevant and Mayor Pro Tem Fonzi
NOES: None
ABSENT: Mayor O'Malley
ADOPTED: March 28, 2017
APPROVEDAS F RM:
1
Brian Pierik, City Attorney
11
Cl,
Uz
PER
CERTIFICATION
I, Lara IC Christensen, City Clerk of the City of Atascadero, hereby certify that the
foregoing is a true and correct copy of Ordinance No. 608, adopted by the Atascadero City Council
ON% at a regular meeting thereof held on March 28, 2017, and that it has been duly published pursuant to
State Law.
DATED: March 29, 2017
City of Atascadero, California