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HomeMy WebLinkAbout2011-04-05; City Council; CS-127; AMENDING BUILDING CODE...EXHIBIT 2 1 ORDINANCE NO. CS-127 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL 3 CODE, TITLE 18 CHAPTER 18.04, BUILDING CODE TO ADOPT THE 2010 EDITION OF THE CALIFORNIA BUILDING CODE. 4 WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2010 5 Edition of the California Building Code is in the best interest of the public and promotes the 6 health, safety and welfare of its citizens; and 7 WHEREAS, the City of Carlsbad has many large brush-covered hillsides where 8 accessibility for firefighting equipment and fire prevention measures is limited or impossible. 9 Carlsbad has many open space easements deeded in perpetuity and areas of protected natural 10 habitats immediately adjacent to developed areas of the City. Carlsbad has steep natural 11 canyon terrain, and is subject to hot, dry, high-speed Santa Ana winds on an annual basis. This 12 combination of climatic and topographic conditions creates extreme fire danger; and 13 WHEREAS, that climatic and topographical conditions can exist within the city that 14 create an extreme fire danger and modification to the California Building Code is necessary for community health and safety. 16 THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows:18 SECTION 1: That Chapter 18.04 of the Carlsbad Municipal Code is amended to read as follows: 20 Chapter 18.04 BUILDING CODE Sections:22 18.04.010 Adoption. 23 18.04.015 Sections 105.1 and 105.2 amended—Permits required. 18.04.020 Section 105.3.1 amended—Building Permit issuance. 24 18.04.025 Building Official designated. 18.04.030 Section 105.5 amended—Expiration. 25 18.04.035 Section 105.3.2 amended—Expiration of plan review. 18.04.040 Section 109.2 amended—Permit fees. 26 18.04.230 Section 1501 amended—Scope. 18.04.310 Violations. 18.04.315 Certificate of noncompliance. 2g 18.04.320 Section 502 amended—Premises identification. 18.04.330 Street name signs. 1 18.04.010 Adoption. 2 The 2010 Edition of the California Building Code, Volumes 1 and 2 hereinafter referred to as "the code", copyrighted by the California Building Standards Commission, two copies of which 3 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, 4 enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings or structures in the city of 5 Carlsbad, except for changes, additions, deletions and amendments in this chapter, which shall supersede the provisions of said code. 6 18.04.015 Sections 105.1 and 105.2 amended—Permits required. 7 Sections 105.1 and 105.2 of the California Building Code are amended to read as 8 follows: 9 105.1 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, 10 moved, improved, removed, converted, or demolished unless a separate permit for each building or structure has first been obtained from the Building Official. 11 105.2 Work Exempt from Permit. A building permit shall not be required for the following: 12 1. One story detached residential accessory buildings used as tool and storage sheds, 13 playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2). 14 2 Playground, gymnastic and similar equipment and structures used for recreation and athletic 15 activities. 16 3 Fences not over six feet (1,829 mm) high. 17 4. Non-fixed movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1,853 mm) in height. 18 5. Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom 19 of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IDA liquids. 20 6. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons 21 (18,925 L) and the ratio of height to diameter or width does not exceed two to one. 22 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. 23 8. Painting, papering and similar finish work. 24 9. Temporary motion picture, television and theater stage sets and scenery. 25 10. Window awnings supported by an exterior wall of group R, Division 3, and Group U 26 occupancies when projecting not more than 54 inches. 27 /// 28 -2- 1 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 2 gallons. 3 12. Antennas supported on the roof. 4 13. Electrolier standards, flag poles and antennas not over 35 feet in height above finish grade when fully extended. 5 14. Repairs which involve only the replacement of component parts or existing work with similar 6 materials only for the purpose of maintenance and which do not aggregate over $1,000.00 in valuation and do not affect any electrical or mechanical installations. Repairs exempt from 7 permit requirements shall not include any addition, change or modification in construction, exit facilities or permanent fixtures or equipment. Specifically exempt from permit 8 requirements regardless of value: Q a. Painting and decorating b. Installation of floor covering. c. Cabinet work. 11 d. Outside paving. 12 Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above exempted items. Exemption from the permit requirements of this 13 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. 14 18.04.020 Section 105.3.1 amended—Building Permit issuance. 15 Section 105.3.1 of the California Building Code is amended to read as follows: 16 The application, plans and specifications filed by an applicant for a permit shall be reviewed by 17 the Building Official. Such plans may be reviewed by other divisions of the City to check compliance with the laws and ordinances under their jurisdiction. If the Building Official is 18 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 19 applicable fees have been paid, the Building Official shall issue a permit therefore to the applicant. In the case of a new building, all fees required for connection to public water systems 20 and to sewer systems provided by entities other than the City must be paid or a bond posted before a permit is issued. 21 When the Building Official issues a permit, the Building Official shall endorse in writing or stamp 22 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 23 work shall be done in accordance with the approved plans. 24 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 25 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 26 at their own risk without assurance that the permit for the entire building or structure will be granted. 27 28 -3- 1 18.04.025 Building Official designated. 2 The Building Official or authorized representative of the city is designated as the person who shall enforce all of the provisions of the California Building Code as amended. 3 18.04.030 Section 105.5 amended—Expiration. 4 Section 105.5 of the California Building Code is amended to read as follows: 5 Every permit issued by the Building Official under the provisions of this code shall expire by 6 limitation and become null and void if the building or work authorized by such permit is not commenced within 180 calendar days from the date of such permit, or if the building or work 7 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 8 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 9 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 10 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. 11 The Building Official is authorized to grant, in writing, one or more extensions of time, for 12 periods not to exceed 180 days each. The extensions shall be granted in writing and justifiable cause demonstrated. 13 Before such work can be recommenced, a new permit shall be obtained to do so, and the fee 14 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 15 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 16 fee. 17 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 18 time period required by this section for good and satisfactory reasons. 19 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 20 issued pursuant to such system. 21 18.04.035 Section 105.3.2 amended—Expiration of plan review. 22 Section 105.3.2 of the California Building Code is amended to read as follows: 23 Applications for which no permit is issued within one year following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to 24 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. 25 18.04.040 Section 109.2 amended—Permit fees. 26 Section 109.2 of the California Building Code is amended to read as follows: 27 28 -4- 1 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. 2 Notwithstanding other provisions of this section, the building permit fee for factory built housing 3 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. 4 18.04.230 Section 1501 amended—Scope. 5 Section 1501 of the California Building Code is amended to read as follows: 6 Roofing assemblies, roof coverings, and roof structures shall be as specified in this Code and 7 as otherwise required by this Chapter. 8 Roofing assemblies and roof coverings other than wood shakes and shingles shall be Class A. 9 Wood Shakes and Shingles of any classification are prohibited as a roof covering on all structures and on all replacement roofs. 10 Roof coverings shall be secured or fastened to the supporting roof construction and shall 11 provide weather protection for the building at the roof. 12 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. 13 18.04.310 Violations. 14 Any person or corporation who violates any of the provisions of this code or this chapter is guilty 15 of an infraction, except for the fourth and each additional violation of a provision within one year, which shall be a misdemeanor. Penalties for a violation of this chapter shall be as designated in 16 section 1.08.010 of this code. 17 18.04.315 Certificate of noncompliance. 18 a. If the building official determines there is a violation of this chapter, it may result in the building official filing, in the office of the county recorder, a certificate of noncompliance. 19 Such certificate shall describe the property, certify noncompliance, and state that the owner or person in control of the property has been notified. If a certificate of noncompliance is filed, and 20 where the permit, inspection, and/or approval required is obtained, the building official shall provide to the property owner a certificate of compliance to file with the county recorder 21 certifying compliance. Until a certificate of compliance has been filed, all applications for grading permits, use permits, major and minor subdivisions, rezones, specific plans, specific plan 22 amendments, general plan amendments, discretionary approvals and building permits may be denied. 23 b. When the building official or the authorized representative thereof determines 24 that compliance to this chapter is not had, they shall provide written notice, by certified mail return receipt requested, to the owner or person in control of the property. Such notice shall 25 contain: (1) a description of the property; (2) the condition or condition that has caused the noncompliance; (3) a reasonable time limit to bring the property into compliance; (4) the 26 potential to record a certificate of noncompliance; and (5) the right to appeal. 27 c. Within ten days from the date of giving of notice, the owner or person in control of 28 -5- 1 the property may file an appeal of the finding of noncompliance to the city council. Such appeal shall be in writing and shall identify the property subject to the certificate of noncompliance. The 2 city council must hear the appeal within 60 days from the filing of the appeal or at such later date as may be agreed to by the appellant. Notice of the hearing date shall be given in writing. 3 The hearing date shall be no sooner than five days from the date when notice of the hearing is given to the appellant and to the building official. The decision of the city council is final. 4 18.04.320 Section 502 amended—Premises identification. 5 Section 502 of the California Building Code is amended to read as follows: 6 Each occupancy, principal building, structure, dwelling unit, and mobile home space within the 7 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 8 and industrial buildings shall be a minimum of 12 inches high and for residential buildings, four inches high, and shall be of contrasting colors so as to be readable from the adjoining streets. 9 Numbers shall be designated and assigned by the Building Department. 10 18.04.330 Street name signs. 11 All private and public streets within the city shall have designated street names which shall be identified by signs. The size and type of street signs and the names of streets shall be subject to 12 the approval of the city planning department, and the police and fire departments. Location and number of signs shall be as required by the city. 13 /// 14 ///15 ,6 '" 17 "' ,8 "' 19 '" 20 "' 21 '" 22 '" 23 '" 24 '" 25 "' 26 '" 27 "I 28 -6- 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 thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 22nd day of March 2011, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of April 2011 by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney ATTEST: ?RAINE M. WOOD, City Clerk <SEJH.. -7- CERTIFICATION OF POSTING AND PUBLICATION OF ORDINANCE NO. CS-127 Section 36933 (c) of the Government Code provides that a summary of an Ordinance may be published in lieu of the full text, providing the summary is published and a certified copy of the full text is posted in the Office of the City Clerk at least five days prior to the Council Meeting at which the Ordinance is adopted. Section 36933 (c) also requires that, within 15 days of the adoption of the Ordinance, a summary be published, showing the vote for and against the Ordinance, and a certified copy of the Ordinance be posted in the Office of the City Clerk. Therefore, in accordance with Section 36933 (c) of the Government Code, I do hereby certify as follows: 1.) That the adoption of Ordinance No. CS-127 is to be considered at the City Council Meeting to be held on the 5th day of, 2011. 2.) That a certified copy of the full text of Ordinance No. CS-127 was posted in the City Clerk's Office on the 1st day of April 2011. 3.) That a summary of the Ordinance was published in the North County Times, on the 2nd day of April 2011. Certification of Posting and Publication of Ordinance Page 2 4.) That Ordinance No. CS- 127 was adopted on the 5th day of April 2011. 5.) That a certified copy of the full text of Ordinance No. CS- 127, showing the names of those who voted in favor and against the Ordinance was posted in the City Clerk's Office on the 12th day of April 2011. 6.) That a summary of the Ordinance, showing the names of those who voted in favor of and against the Ordinance was published in the Coast News, on the 15th day of April 2011. SH SINGER nior Deputy Clerk Dated: (Seal)