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HomeMy WebLinkAbout2017-06-27; City Council; CS-319; AN ORDINANCE AMENDING CARLSBAD MUNICIPAL CODE, TITLE 18, CHAPTER 18.04, CHAPTER 18.08, CHAPTER 18.12 , CHAPTER 18.18, CHAPTER 18.20, CHAPTER 18.21, AND CHAPTER 18.30ORDINANCE NO. CS-319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE, TITLE 18, CHAPTER 18.04 (BUILDING CODE}; CHAPTER 18.08 (MECHANICAL CODE}; CHAPTER 18.12 (ELECTRICAL CODE}; CHAPTER 18.16 (PLUMBING CODE}; CHAPTER 18.18 (SOLAR ENERGY CODE); CHAPTER 18.20 (RESIDENTIAL CODE}; CHAPTER 18.21 (GREEN BUILDING STANDARDS CODE}; AND CHAPTER 18.30 (ENERGY CONSERVATION REGULATIONS}. EXHIBIT 2 WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2016 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 of Carlsbad has many large brush-covered hillsides where accessibility for firefighting equipment and fire prevention measures is limited or 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 has steep natural canyon terrain, and is subject to hot, dry, high-speed Santa Ana winds on an annual basis. This combination of climatic and topographic conditions creates extreme fire danger; and WHEREAS, that climatic and topographical conditions can exist within the city that create an extreme fire danger and modification to the California Building Code is necessary for community health and safety; and WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2016 Edition of the California Mechanical 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 Carlsbad finds that adoption of the 2016 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 ofthe City of Carlsbad finds that adoption of the 2016 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 Carlsbad finds that adoption ofthe 2015 Edition of the Uniform Solar Energy Code is in the best interest of the public and promotes the health, Page 162 safety and welfare of its citizens; and WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2016 Edition of the California Residential 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 Carlsbad finds that adoption ofthe 2016 Edition of the California Green Building Standards 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 Carlsbad finds that adoption ofthe 2016 Edition of the California Energy Code is in the best interest of the public and promotes the health, safety and welfare of its citizens; and THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Chapter 18.04 of the Carlsbad Municipal Code is amended to read as follows: Sections: 18.04.010 18.04.015 18.04.020 18.04.025 18.04.030 18.04.035 18.04.040 18.04.230 18.04.310 18.04.315 18.04.330 Adoption. Chapter 18.04 BUILDING CODE Sections 105.1 and 105.2 amended -Permits required. Section 105.3.1 amended -Building permit issuance. Building official designated. Section 105.5 amended -Expiration. Section 105.3.2 amended -Expiration of plan review. Section 109 amended -Permit fees. Section 1501 amended -Scope. Violations. Certificate of noncompliance. Street name signs. 18.04.010 Adoption. The 2016 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 are on file with the building official at the Faraday Center 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 Page 163 this chapter, which shall supersede the provisions of said code. 18.04.015 Sections 105.1 and 105.2 amended-Permits required. Sections 105.1 and 105.2 of the California Building Code are amended to read as follows: 105.1 Required. Any owners or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. 105.1.1 Annual permit. In lieu of an individual permit for reach alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradepersons in the building, structure or on the premises owned or operated by the applicant for the permit. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 square meters). 2. Fences not over six feet (1829 mm) high. 3. Retaining walls that are not over four 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. 4. 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. 3 Page 164 5. 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. 6. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work. 7. Temporary motion pictures, television and theater stage sets and scenery. 8. Prefabricated swimming pools accessory to a Group R-3 occupancy that are not greater than 5, 000 gallons (18,925 L) and are installed entirely above ground. 9. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 10. Swings and other playground equipment accessory to detached one-and two- family dwellings. 11. 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. 12. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. Page 165 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75kW) or less. Plumbing: 18.04.020 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. Section 105.3.1 amended-Building permit issuance. Section 105.3.1 of the California Building Code is amended to read as follows: 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 divisions of the City to check compliance with the laws and ordinances under their jurisdiction. If the 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, 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 and to sewer systems provided by entities other than the City must be paid or a bond posted before a permit is issued. When the building official issues a permit, the building official 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 5 Page 166 shall proceed at their own risk without assurance that the permit for the entire building or structure will be granted. 18.04.025 Building official designated. 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. 18.04.030 Section 105.5 amended-Expiration. Section 105.5 of the California Building Code is amended to read as follows: 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 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 180 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 180 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 180 day period upon the initial commencement of work authorized by such permit. The building official is authorized to grant, in writing, one or more extensions of time, for periods not to exceed 180 days each. The extensions shall be granted in writing and justifiable cause demonstrated. 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 provisions of any sewer allocation system adopted pursuant to Chapter 18.05 ofthe Municipal Code shall supersede Section 106.4.4 of the California Building Code if the permit is issued pursuant to such system. 18.04.035 Section 105.3.2 amended-Expiration of plan review. Section 105.3.2 of the California Building Code is amended to read as follows: Page 167 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 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. 18.04.040 Section 109 amended-Permit fees. Section 109 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. 18.04.230 Section 1501 amended-Scope. Section 1501 of the California Building Code is amended to read as follows: 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 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 photo voltaic energy collectors located above or upon a roof, see Chapter 6 of the California Fire Code. 18.04.310 Violations. Any person or corporation who violates any of the provisions of this code or this chapter is guilty 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 Section 1.08.010 of this code. 18.04.315 Certificate of noncompliance. A. lfthe 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. 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, 7 Page 168 and 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 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 amendments, general plan amendments, discretionary approvals and building permits may be denied. B. When the building official or the authorized representative thereof determines 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 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 potential to record a certificate of noncompliance; and (5) the right to appeal. C. Within 10 days from the date of giving of notice, the owner or person in control of 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 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. 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. 18.04.330 Street name signs. 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 the approval of the city planning division, and the police and fire departments. Location and number of signs shall be as required by the city. SECTION 2: That Section 18.08.010 of the Carlsbad Municipal Code is amended to read as follows: 18.08.010 Adoption. The California Mechanical Code 2016 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials, is adopted by reference as the mechanical code of the City of Carlsbad. SECTION 3: That Section 18.12.010 of the Carlsbad Municipal Code is amended to read as follows: Page 169 18.12.010 Adoption. The California Electrical Code 2016 Edition, copyrighted by the National Fire Protection Association, is adopted by reference as the electrical code for the City of Carlsbad. SECTION 4: That Section 18.16.010 of the Carlsbad Municipal Code is amended to read as follows: 18.16.010 Adoption. The California Plumbing Code, 2016 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials, is adopted by reference as the plumbing code of the City of Carlsbad except for the changes, additions, and amendments set forth in this chapter, which shall supersede such provisions of said code. SECTION 5: That Section 18.18.010 of the Carlsbad Municipal Code is amended to read as follows: 18.18.010 Adoption of the Uniform Solar Energy Code. The Uniform Solar Energy Code, 2015 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials, is adopted by reference as the solar energy code of the City of Carlsbad. SECTION 6: That Section 18.20.010 of the Carlsbad Municipal Code is amended to read as follows: 18.20.010 Adoption. The 2016 California Residential Code including Appendix Chapter H, copyrighted by The California Building Standards Commission, is adopted by reference as the residential building code of the City of Carlsbad. SECTION 7: That Section 18.21.010 of the Carlsbad Municipal Code is amended to read as follows: 18.21.010 Adoption. The 2016 California Green Building Standards Code copyrighted by The California Building Standards Commission, is adopted by reference as the green building standards code of the City of Carlsbad. SECTION 8: That Section 18.30.010 of the Carlsbad Municipal Code is amended to read as follows: 9 Page 170 18.30.010 Adoption. The California Energy Code, 2016 Edition, copyrighted by the California Building Standards Commission is adopted by reference as the energy code for the City of Carlsbad. SECTION 9: That Section 18.30.040 of the Carlsbad Municipal Code is amended to read as follows: 18.30.040 Solar alternative design provisions required . 1. All new residential units shall include provisions specifically designed to allow the later 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 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 effective date of the ordinance adopting this chapter. 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 impractical due to shading, building orientation, construction constraints or configuration of the parcel. 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 the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. II II II II II II II II II II Page 171 Certification of Posting and Publication of Ordinance No. CS-319 Page 2 4.) That Ordinance No. CS-319 was adopted on the 27th day of June, 2017 5.) That a certified copy of the full text of Ordinance No. CS-319, showing the names of those who voted in favor and against the Ordinance was posted in the City Clerk's Office on the 28th day of June, 2017. 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 Union Tribune, on the 29th day of June, 2017. CERTIFICATION OF POSTING AND PUBLICATION OF ORDINANCE NO. CS-319 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-319 is to be considered at the City Council Meeting to be held on the 27th day of June, 2017. 2.) That a certified copy of the full text of Ordinance No. CS-319 was posted in the City Clerk's Office on the 19th day of June, 2017. 3.) That a summary of the Ordinance was published in the Union ibune, on the 2l5t day of June, 2017. erk Dated: June 19, 2017 (Seal) STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Faviola Medina, Deputy City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby ·certify that I have compared the foregoing copy with the original ORDINANCE NO. CS-319, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE, TITLE 18, CHAPTER 18.04 (BUILDING CODE); CHAPTER 18.08 (MECHANICAL CODE); CHAPTER 18.12 (ELECTRICAL CODE); CHAPTER 18.16 (PLUMBING CODE): CHAPTER 18.18 (SOLAR ENERGY CODE); CHAPTER 18.20 (RESIDENTIAL CODE); CHAPTER 18.21 (GREEN BUILDING STANDARDS CODE); AND CHAPTER 18.30 (ENERGY CON.SERVATION REGULATIONS), on file in the Office of the City Clerk of the City of Carlsbad; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 19TH day of June, 2017. Deputy City lerk (SEAL)