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HomeMy WebLinkAbout2008-01-08; City Council; NS-869; Amending Municipal Code 18.04 Chapter 18.04...1 2 3 26 ORDINANCE NO. NS-869 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE, TITLE 18 CHAPTER 18.04 SECTION 18.04.010 THROUGH 18.04.320 AND ADOPTING BY 4 REFERENCE THE CALIFORNIA BUILDING CODE (2007 EDITION), REPLACING "COMMUNITY DEVELOPMENT DIRECTOR" WITH "BUILDING AND CODE ENFORCEMENT 6 MANAGER" 7 WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2007 Q Edition of the California Building Code is in the best interest of the public and promotes g the health, safety and welfare of its citizens. WHEREAS, the City of Carlsbad has many large brush-covered hillsides where 11 accessibility for fire fighting equipment and fire prevention measures is limited or 12 impossible. Carlsbad has many open space easements deeded in perpetuity and areas of protected natural habitats immediately adjacent to developed areas of the City. Carlsbad 14 has steep natural canyon terrain, and is subject to hot, dry, high-speed Santa Ana winds on an annual basis. This combination of climactic and topographic conditions creates extreme fire danger. 17 WHEREAS, that climactic and topographical conditions can exist within the 18 city that create an extreme fire danger and modification to the California Building 19 Code is necessary for community health and safety. 20 THEREFORE, the City Council of the City of Carlsbad, California, does ordain as . follows:22 SECTION 1: That Title 18, Chapter 18.04 of the Carlsbad Municipal Code, section 18.04.010 is amended to read as follows:24 18.04.010 Adopted. The California Building Code, Volumes 1 and 2 2007 Edition 25 including Appendix Chapters 1 and I hereinafter referred to as "the code", published by the International Code Council, two copies of which are on file in the office of the city clerk for public record and inspection, are hereby adopted by reference as the building code of the City of Carlsbad for regulating the erection, construction, enlargement, alteration, ' repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, __ , and maintenance of all buildings or structures in the city of Carlsbad, except for changes, additions, deletions and amendments in this chapter, which shall supersede the provisions of said code. 1 2 5 6 7 8 g 1. One story detached residential accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed SECTION 2: That Title 18, Chapter 18.04 of the Carlsbad Municipal Code, section 18.04.015 is amended to read as follows: 18.04.015 Section 105.1 and 105.2 amended - Permits Required. Sections 105.1 and 105.2 of the California Building Code are amended to read: 105.1 Permits Required. Except as specified in Section 105.2 of this section, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate permit for each building or structure has first been obtained from the building official. 105.2 Work Exempt from Permit. A building permit shall not be required for the following: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 work with similar materials only for the purpose of maintenance and which do 24 not aggregate over $1,000.00 in valuation and do not affect any electrical or mechanical installations. Repairs exempt from permit requirements shall not 25 include any addition, change or modification in construction, exit facilities or permanent fixtures or equipment. Specifically exempt from permit 26 requirements regardless of value: a. Painting and decorating 27 b. Installation of floor covering. c. Cabinet work. d. Outside paving. 120 square feet (11 nr). 2. Playground, gymnastic and similar equipment and structures used for recreation and athletic activities. 3. Fences not over 6 feet (1829 mm) high. 4. Non-fixed movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. 5. Retaining walls which 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 IDA liquids. 6. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18925 L) and the ratio of height to diameter or width does not exceed two to one. 7. Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below and are not part of an accessible route. 8. Painting, papering and similar finish work. 9. Temporary motion picture, television and theater stage sets and scenery. 10. Window awnings supported by an exterior wall of group R, Division 3, and Group U occupancies when projecting not more than 54 inches. 11. Prefabricated swimming pools accessory to a Group R Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons. 12. Antennas supported on the roof. 13. Electrolier standards, flag poles and antennas not over 35 feet in height above finish grade when fully extended. 14. Repairs which involve only the replacement of component parts or existing 2 3 1 Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above exempted items. Exemption from the 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. 4 SECTIONS: That Title 18, Chapter 18.04 of the Carlsbad Municipal Code, O section 18.04.020 is amended to read as follows:6 18.04.020 Section 105.3.1 amended - Building Permit Issuance. Section 105.3.1 of the California Building Code is amended to read: The application, plans and specifications filed by an applicant for a permit shall be reviewed by the Building Official. Such plans may be reviewed by other departments of the City to check compliance with the laws and ordinances under their jurisdiction. If the 10 11 12 14 15 16 17 20 21 23 25 27 28 Building Official is satisfied that the work described in an application for permit and the plans filed therewith conform to the requirements of this code and other pertinent laws and ordinances and that all applicable fees have been paid, he shall issue a permit therefore to the applicant. In the case of new building, all fees required for connection to public water systems and to sewer systems provided by entities other than the City must be paid or a bond posted before a permit is issued. 13 When the Building Official issues a permit, he shall endorse in writing or stamp on both sets of plan and specifications, "Approved". Such approval plans and specifications shall not be changed, modified, or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans. The Building Official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of such permit shall proceed at his own risk without assurance that the permit for the entire building or structure will be granted,i y SECTION 4: That Title 18, Chapter 18.04 of the Carlsbad Municipal Code Section 18.04.040 section 108.4 amended - Permit Fees. Section 108.4 of the California Building Code is amended to read as follows: PERMIT FEES. The fees for each permit shall be as set forth in the City's master fee schedule or by a resolution of the City Council. 24 Notwithstanding other provisions of this section, the building permit fee for factory built housing shall be twenty-five percent of the fee for Type V dwelling units, and the plan check fee shall be sixty-five percent of the building permit fee. 26 SECTION 5: That Title 18, Chapter 18.04 of the Carlsbad Municipal Code is amended to add Section 18.04.150 to read as follows: Section 18.04.150 Section 202 amended - Definitions. Section 202 of the California 1 2 High-rise structure. As used in this code: 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 Building Code is amended to read as follows: 1. "Existing high-rise structure" means a high-rise structure, the construction of which is commenced or completed prior to July 1, 1974. 2. "High-rise structure" means every building of any type of construction or occupancy having floors used for human occupancy located more than 55 feet above the lowest floor level having building access (see California Building Code Section 403.1.2), except buildings used as hospitals as defined in Health and Safety Code Section 1250 3. "New high-rise structure" means a high-rise structure, the construction of which is commenced on or after July 1, 1974. SECTIONS: That Title 18, Chapter 18.04, Sections 18.04.030 and 18.04.035, 9 Sections 18.04.160 through 18.04.230, Section 18.04.235, and Section 18.04.320 is amended by replacing the words "Uniform Building Code" with "California Building Code." 11 18.04.030 Section 106.4.4 amended-Expiration. Section 106.4.4 of the California Building Code is amended to read: 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 one hundred eighty calendar days from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of one hundred eighty calendar days, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Building Official within one hundred eighty calendar days of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Building Official within each one hundred eighty day period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit shall be obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, and provided that 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 expiration, the permittee shall pay a new permit fee. Any permittee holding an unexpired permit may apply for an extension of time within which work may commence under that permit when the permittee is unable to commence work within the time period 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 one hundred eighty days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 1. The provisions of any sewer allocation system adopted pursuant to Chapter 18.05 of the Municipal Code shall supersede Section 106.4.4 of the California Building Code if the permit is issued pursuant to such system. (Ord. NS-476§3, 1999) 18.04.035 Section 107.4 amended-Expiration of plan review. Section 107.4 of the California Building Code is amended to read: Applications for which no permit is issued within one year following the date of Section 403.1 of the California Building Code is amended to read: Scope. This section applies to all Group B office buildings, Group H, Division 8, and Group R, Division 1, Occupancies, each having floors used for human occupancy located more than 55 feet above the lowest level of fire department vehicle access. Such 6 7 8 9 10 11 12 13 18 19 20 21 22 23 24 25 26 27 28 application 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 plans and pay a new plan review fee. (Ord. NS-333 § 2 (part), 1995) 18.04.160 Section 403.1 amended-Special provisions. buildings shall be of Type I or II-F.R. construction and shall be provided with an approved automatic sprinkler system in accordance with Section 403.2. (Ord. NS-638 § 4, 2002: Ord. NS-333 § 2 (part), 1995) 18.04.170 Section 403.26 added-Special provisions for buildings between thirty-five and fifty-five feet in height. Section 403.26 is added to the California Building Code to read: Section 403.26 Special Provisions for Buildings between 35 and 55 feet in height. Scope. This section shall apply to all buildings having floors used for human occupancy located more than 35 feet, but less than 55 feet above the lowest level of fire department access. Such buildings shall comply with Section 403 of the Code. EXCEPTIONS: The following subsections of 403 of the Code are not requirements for buildings included within the scope of this section: 1.403.2.2 2. 403.5.2 3.403.6.1 Item 4 16 (Ord. NS-638 § 5, 2002: Ord. NS-333 § 2 (part), 1995) 17 " 4.403.6.1 ItemS 5. 403.7 6. 403.8 7. 403.9 8.403.10 14 5.403.7 15 7. 403.9 Item 2 18.04.180 Section 403.27 added-Special provisions for buildings between thirty-five and fifty-five feet in height-Type I-F.R. Section 403.27 is added to the California Building Code to read: Type I-F.R. building shall comply with the special provisions of Section 403.26 of the Code. (Ord. NS-638 § 6, 2002: Ord. NS-333 § 2 (part), 1995) 18.04.185 Section 603.6 added-Special provisions for buildings between thirty-five and fifty-five feet in height-Type II. Section 603.6 is added to the California Building Code to read: Type II buildings shall comply with the special provisions of Section 403.26 of the Code. (Ord. NS-638 § 7, 2002) 18.04.190 Section 604.6 added-Special provisions for buildings between thirty-five and fifty-five feet in height-Type III. Section 604.6 is added to the California Building Code to read: Type III buildings shall comply with the special provisions of Section 403.26 of the Code. (Ord. NS-638 § 8, 2002: Ord. NS-333 § 2 (part), 1995) 18.04.210 Section 605.6 added-Special provision for buildings between thirty-five and fifty-five feet in height-Type IV. Section 605.6 is added to the California Building Code to read: Type IV building shall comply with the special provisions of Section 403.26 of the Code. (Ord. NS-638 § 9, 2002: Ord. NS-333 § 2 (part), 1995) 1 18.04.230 Section 1501 amended-Scope. Section 1501 of the California Building Code shall be amended to read: Roofing assemblies, roof coverings, and roof structures shall be as specified in this Code and as otherwise required by this Chapter. Roofing assemblies and roof coverings other than wood shakes and shingles shall be Class A. Wood Shakes and Shingles of any classification are prohibited as a roof covering on all structures and on all replacement roofs. Roof coverings shall be secured or fastened to the supporting roof construction 2 3 6 7 8 9 10 11 12 13 16 17 18 and shall provide weather protection for the building at the roof. Skylights shall be constructed as required in Chapter 24. For use of plastics in roofs, see Chapter 26. For solar energy collectors located above or upon a roof, see Chapter 13. (Ord. NS-638 § 10, 2002: Ord. NS-398 § 2, 1997: Ord. NS-333 § 2 (part), 1995) 18.04.235 Section 3102.3.8 amended-Spark arrester. Section 3102.3.8 of the California Building Code is amended to read: All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester. The net free area of the spark arrester shall be not less than four times the net free area of the outlet of the chimney. The spark arrester screen shall have heat and corrosion resistance equivalent to twelve gauge wire, nineteen gauge galvanized wire or twenty-four gauge stainless steel. Openings shall not permit the passage of spheres having a diameter larger than one-half inch and shall not block the passage of spheres having a diameter of less than three-eight inch. (Ord. NS-333 § 2 (part), 1995) 18.04.320 Section 502 amended-Premises identification. Section 502 of the California Building Code is amended to read: Each occupancy, principal building, structure, dwelling unit, and mobilehome space within the City shall be identified by a number or combination of number and letter. Such numbers shall be in harmony with other established postal addresses in the area. The numbers for commercial and industrial buildings shall be a minimum of six inches high and for residential buildings, three inches high, and shall be of contrasting colors so as to be readable from the adjoining streets. Numbers shall be designated and assigned by the Building Department. (Ord. NS-333 § 2 (part), 1995) 19 III 20 III 21 IIIi 22 23 |/// 24 25 III 26 /// 27 /// 28 //; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective 30 days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within the city of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 18tb day of December , 2007 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 8tb day of January , 2008, by the following vote, to wit: AYES: Council Members Lewis, Kulcbin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY RONATb R. BALL, City Attorney : A. LEWISTMayor ATTEST: