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HomeMy WebLinkAbout2014-04-22; City Council; CS-245; Amending Municipal Code Title 18 Chapters 18.04 18.08 18.12 18.18 18.20 18.21 18.30 Repealing 18.30EXHIBIT 1 1 ORDINANCE NO. CS-245 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); CHAPTER 18.08 (MECHANICAL CODE); CHAPTER 18.12 4 (ELECTRICAL CODE); CHAPTER 18.16 (PLUMBING CODE); CHAPTER 18.18 (SOLAR ENERGY CODE); CHAPTER 18.20 5 (RESIDENTIAL CODE); CHAPTER 18.21 (GREEN BUILDING STANDARDS CODE); AND CHAPTER 18.30 (ENERGY 6 CONSERVATION REGULATIONS) AND REPEALING CHAPTER 18.28 (SWIMMING POOL ENCLOSURE AND USE). 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the City Council of the City of CaHsbad finds that adoption of the 2013 Edition of the California Building Code is in the best interest of the public and promotes the health, safety and welfare of its citizens; and WHEREAS, the City Council of the City of Carisbad finds that adoption of the 2013 Edition ofthe California Mechanical Code is in the best interest ofthe public and promotes the health, safety and welfare of its citizens; and WHEREAS, the City Council of the City of Carisbad finds that adoption of the 2013 Edition of the California Electrical Code is in the best interest of the public and promotes the health, safety and welfare of its citizens; and WHEREAS, the City Council of the City of Carisbad finds that adoption of the 2013 Edition of the California Plumbing Code is in the best interest of the public and promotes the health, safety and welfare of its citizens; and WHEREAS, the City Council of the City of CaHsbad finds that adoption of the 2013 Edition ofthe Uniform Solar Energy Code is in the best interest ofthe public and promotes the health, safety and welfare of its citizens; and WHEREAS, the City Council of the City of Carisbad finds that adoption of the 2013 Edition ofthe California Residential Code is in the best interest of the public and promotes 2^ the health, safety and welfare of its citizens; and 2g WHEREAS, the City Council of the City of CaHsbad finds that adoption of the 2y 2013 Edition of the California Green Building Standards Code is in the best interest of the public 28 •1- n I c-- EXHIBIT 1 1 and promotes the health, safety and welfare of its citizens; and 2 WHEREAS, the City Council of the City of CaHsbad finds that adoption of the 3 2013 Edition of the California Energy Code is in the best interest of the public and promotes the 4 health, safety and welfare of its citizens. 5 THEREFORE, the City Council of the City of CaHsbad, California, does ordain as 6 follows: 7 Section 1: That Chapter 18.04 of the Carisbad Municipal Code is amended to 8 read as follows: 9 Chapter 18.04 BUILDING CODE 10 • 11 18.04.010 Adoption. 12 18.04.015 Sections 105.1 and 105.2 amended—Permits required. 18.04.020 Section 105.3.1 amended—Building Permit issuance. 13 18.04.025 Building Official designated. 18.04.030 Section 105.5 amended—Expiration. 14 18.04.035 Section 107.4 amended—Expiration of plan review. 18.04.040 Section 108.4 amended—Permit fees. 1^ 18.04.150 Section 202 amended—Definitions. 18.04.230 Section 1501 amended—Scope. 18.04.310 Violations. 18.04.315 Certificate of noncompliance. 18.04.330 Street name signs. 16 Sections: Section 2: That Section 18.04.010 ofthe Carlsbad Municipal Code is amended to read as follows: 18.04.010 Adoption. 18 19 20 21 The 2013 Edition of the California Building Code, Volumes 1 and 2 hereinafter referred to as 22 "the code," copyrighted by the California Building Standards Commission, hwo copies of which are on file in the office of the city clerk for public record and inspection, are hereby adopted by 23 reference as the building code of the City of Carisbad for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, 24 equipment, use, height, area, and maintenance of all buildings or structures in the city of CaHsbad, except for changes, additions, deletions and amendments in this chapter, which shall 25 supersede the provisions of said code. 26 Section 3: That Section 18.04.015 of the Carisbad Municipal Code is amended to 27 read as follows: 28 -2- '2 J, 3 Fences not over six feet (1,829 mm) high. EXHIBIT 1 1 18.04.015 Sections 105.1 and 105.2 amended—Permits required. 2 Sections 105.1 and 105.2 of the California Building Code are amended to read as follows: 3 105.1 Permits Required. Except as specified in Section 105.2 of this section, no building or 4 structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate permit for each 5 building or structure has first been obtained from the Building Official. 6 105.2 Work Exempt from Permit A building permit shall not be required for the following: 7 1. One story detached residential accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 8 m2). 9 2 Playground, gymnastic and similar equipment and structures used for recreation and athletic activities accessory to one and h/vo family dwellings. 10 11 4. Non-fixed movable fixtures, cases, racks, counters and partitions not over five feet nine 12 inches (1,853 mm) in height. 13 5. Retaining walls which are not over four feet (1,219 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 14 or IDA liquids. 15 6. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed h/vo to one. 16 7. Platforms, walks and driveways not more than 30 inches above grade and not over any 17 basement or story below and are not part of an accessible route. 18 8. Painting, papering and similar finish work. 19 9. Temporary motion picture, television and theater stage sets and scenery. 20 10. Window awnings supported by an exterior wall of group R, Division 3, and Group U occupancies when projecting not more than 54 inches. 21 11. Prefabricated swimming pools accessory to a Group R Division 3 Occupancy in which the 22 pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons. 23 24 25 14. Electrolier standards, flag poles and antennas not over 35 feet in height above finish grade 26 when fully extended. 27 15. Repairs which involve only the replacement of component parts or existing work with similar materials only for the purpose of maintenance and which do not aggregate over $1,000.00 28 -3- 12. Shade cloth structures constructed for nursery or agricultural purposes. 13. Antennas supported on the roof. EXHIBIT 1 1 in valuation and do not affect any electrical or mechanical installations. Repairs exempt from permit requirements shall not include any addition, change or modification in construction, 2 exit facilities or permanent fixtures or equipment. Specifically exempt from permit requirements regardless of value: 3 a. Painting and decorating 4 b. Installation of floor covenng. c. Cabinet work. d. Outside paving. 5 6 .. Unless othenwise exempted, separate plumbing, electrical and mechanical permits will be 7 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 8 violation of the provisions of this code or any other laws or ordinances of this jurisdiction. 9 Section 4: That Section 18.04.040 of the Carlsbad Municipal Code is amended to 10 read as follows: 11 18.04.040 Section 108.4 amended—Permit fees. 12 Section 108.4 of the California Building Code is amended to read as follows: 13 PERMIT FEES. The fees for each permit shall be as set forth in the City's master fee schedule or by a resolution ofthe City Council. 14 • 15 16 17 18 .. Roofing assemblies, roof coverings, and roof structures shall be as specified in this Code and 19 as otherwise required by this Chapter. 20 Roofing assemblies and roof coverings other than wood shakes and shingles shall be Class A. 21 Wood Shakes and Shingles of any classification are prohibited as a roof covenng on all structures and on all replacement roofs. 22 Roof coverings shall be secured or fastened to the supporting roof construction and shall 23 provide weather protection for the building at the roof 24 Skylights shall be constructed as required in Chapter 24. For use of plastics in roofs, see Chapter 26. For solar photo voltaic energy collectors located above or upon a roof, see Chapter 25 6 of the California Fire Code. 26 SECTION 6: That Section 18.04.320 of the CaHsbad Municipal Code is repealed 27 in its entirety. Section 5: That Section 18.04.230 ofthe CaHsbad Municipal Code is amended to read as follows: 18.04.230 Section 1501 amended—Scope. Section 1501 ofthe California Building Code is amended to read as follows: 28 -4- EXHIBIT 1 1 Section 7: that Section 18.08.010 of the Carlsbad Municipal Code is amended to 2 read as follows: 3 18.08.010 Adoption. 4 The California Mechanical Code 2013 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials, is adopted by reference as the mechanical code of the City 5 of CaHsbad. 6 SECTION 8: That Section 18.12.010 of the Carisbad Municipal Code is amended 7 to read as follows: 8 18.12.010 Adoption. ^ 9 The California Electrical Code 2013 Edition, copyrighted by the National Fire Protection Association, is adopted by reference as the electncal code forthe city of CaHsbad. 10 11 12 13 25 SECTION 9: That Section 18.16.010 ofthe CaHsbad Municipal Code is amended to read as follows: 18.16.010 Adoption. The California Plumbing Code, 2013 Edition, copyrighted by the International Association of 14 Plumbing and Mechanical Officials, is adopted by reference as the plumbing code of the city of CaHsbad except for the changes, additions, and amendments set forth in this chapter, which 15 shall supersede such provisions of said code. 16 Section 10: That Section 18.18.010 of the CaHsbad Municipal Code is amended 17 to read as follows: 18 18.18.010 Adoption of the Uniform Solar Energy Code. 19 The Uniform Solar Energy Code, 2012 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials, is adopted by reference as the solar energy code of the city 20 of CaHsbad. 21 Section 11: That Section 18.20.010 ofthe Carlsbad Municipal Code is amended 22 to read as follows: 23 18.20.010 Adoption. 24 The 2013 California Residential Code including Appendix Chapter H, copyrighted by The California Building Standards Commission, is adopted by reference as the Residential Building Code ofthe City of CaHsbad. 2^ Section 12: That Section 18.21.010 ofthe Carlsbad Municipal Code is amended 27 28 to read as follows: -5- Sections: EXHIBIT 1 1 18.21.010 Adoption. 2 The 2013 California Green Building Standards Code copyrighted by The California Building Standards Commission, is adopted by reference as the Green Building Standards Code of the 3 City of CaHsbad. 4 Section 13: That Chapter 18.30 of the Carisbad Municipal Code is amended to 5 read as follows: 6 Chapter 18.30 ENERGY CONSERVATION REGULATIONS 7 " 8 18.30.010 Adoption. ^ 18.30.020 Purpose and application. 18.30.030 Building Official designated. ^0 18.30.040 Solar alternative design provisions required. 18.30.050 Permit fees. 12 13 14 15 16 17 18 19 1. All new residential units shall include provisions specifically designed to allow the later 2Q installation of any system which utilizes solar energy as an alternative energy source. No building permit shall be issued unless the piping or conduit and roof penetration details 2j required pursuant to this section are indicated in the building plans. This section shall apply only to those residential dwelling units for which a building permit was applied for after the 22 effective date of the ordinance adopting this chapter. 23 2. Exception. The provisions of this section can be modified or waived when it can be satisfactorily demonstrated to the building official that solar energy alternatives are 24 impractical due to shading, building orientation, construction constraints or configuration of the parcel. 25 " 26 27 28 Section 14: That Section 18.30.010 ofthe CaHsbad Municipal Code is amended to read as follows: 18.30.010 Adoption. The California Energy Code, 2013 Edition, copyrighted by the California Building Standards Commission is adopted by reference as the Energy Code for the City of CaHsbad. Section 15: That Section 18.30.040 of the CaHsbad Municipal Code is amended to read as follows: 18.30.040 Solar alternative design provisions required. Section 16: That Chapter 18.28 ofthe CaHsbad Municipal Code is repealed in its entirety. -6- EXHIBIT 1 1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; 2 and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance 3 or a summary of the ordinance prepared by the City Attorney to be published at least once in a 4 newspaper of general circulation in the City of Carisbad within fifteen days after its adoption. 5 INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City 6 Council on the 25th day of March. 2014, and thereafter. 7 /// 8 /// 9 /// 10 /// 11 /// 12 /// 13 /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 14 15 16 17 18 19 20 21 22 23 24 25 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 22"*^ day of April, 2014, by the following vote to wit: AYES: NOES: Council Members Packard, Wood, Schumacher and Blackburn. None. ABSENT: Council Member Hall. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY -21 CELIA A. BREWER, City Attorney MARK PACKARD, Mayor Pro Tem ATTEST: BARBARA ENGLESON, Citftlerk (SEAL) ,1"'"'//, 'tl ^ .v^ DONNA HERATY, Deputy City erk Dated: April 4th, 2014 (Seal) CERTIFICATION OF POSTING AND PUBLICATION OF ORDINANCE NOS. CS-245 and CS-246 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 Nos. CS- 245 and CS-246 is to be considered at the City Council Meeting to be held on the 22nd day of April, 2013. 2.) That a certified copy of the full text of Ordinance Nos. CS-245 and CS-246 was posted in the City Clerk's Office on the 4th day of April, 2013. 3.) That a summary of the Ordinance was published in the Union Tribune on the 18th day of April, 2014. 41111L,.11 Certification of Posting and Publication of Ordinance Nos. CS-245 and CS-246 Page 2 4.) That Ordinance Nos. CS-245 and CS-246 were adopted on the 22nd day of April, 2014. 5.) That a certified copy of the full text of Ordinance Nos. CS-245 and CS- 246 showing the names of those who voted in favor and against the Ordinance was posted in the City Clerk's Office on the 24th day of April, 2013. 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 2nd day of May, 2013. N./ DONNA HERATY, Deputy City erk Dated: April 24, 2014. (Seal)