HomeMy WebLinkAbout2008-01-08; City Council; 19281; Adoption of 2007 CA Fire Building Plumbing Electrical Mechanical and Energy CodesCITY OF CARLSBAD - AGENDA BILL </
AB# 19,281
MTG. 01/08/08
DEPT. Clerk
ADOPTION OF THE 2007 CALIFORNIA
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ELECTRICAL, MECHANICAL AND
ENERGY CODES
DEPT. HEAD 7\
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RECOMMENDED ACTION:
Hold a public hearing to receive public testimony regarding the adoption of the 2007 Editions
of the California Fire, Building, Plumbing, Electrical, Mechanical and Energy Codes; and,
Adopt Ordinance No. NS-868 amending Title 17, Chapter 17.04 of the Carlsbad Municipal
Code by repealing Sections 17.04.010 through 17.04.090 relating to the 2001 Fire Code and
adding Sections 17.04.010 through 17.04.370 relating to the adoption by reference of the
2007 Edition of the California Fire Code; and,
Adopt Ordinance No. NS-869 amending Title 18, Chapter 18.04 of the Carlsbad Municipal
Code by amending Sections 18.04.010 through 18.04.320, adopting by reference the 2007
Edition of the California Building Code, and replacing references to "Community Development
Director" with "Building and Code Enforcement Manager"; and,
Adopt Ordinance No. NS-870 amending Title 18, Chapter 18.08, Sections 18.08.010 and
18.08.020 of the Carlsbad Municipal Code adopting by reference the 2007 Edition of the
California Mechanical Code and replacing references to "Community Development Director"
with "Building and Code Enforcement Manager"; and,
Adopt Ordinance No. NS-871 amending Title 18, Chapter 18.12 of the Carlsbad Municipal
Code by repealing Sections 18.12.030 through 18.12.070, 18.12.245, 18.12.255 and
18.12.260 and amending Section 18.12.010 adopting by reference the 2007 Edition of the
California Electrical Code and replacing references to "Community Development Director"
with "Building Official"; and,
Adopt Ordinance No. NS-872 amending Title 18, Chapter 18.16, Section 18.16.010 of the
Carlsbad Municipal Code adopting by reference the 2007 Edition of the California Plumbing
Code and replacing references to "Uniform Plumbing Code" with "California Plumbing Code";
and,
Adopt Ordinance No. NS-873 amending Title 18, Chapter 18.30 by the addition of Section
18.30.030 adopting by reference the 2007 Edition of the California Energy Code.
ITEM EXPLANATION:
At the December 18, 2007 City Council Meeting, this matter was set for Public Hearing on
January 8, 2008 and the City Council introduced Ordinance Nos. NS-868, NS-869, NS-870,
NS-871, NS-872 and NS-873. Following the Public Hearing, the second reading will allow the
City Council to adopt the ordinances, which would then become effective in thirty days. The
City Clerk will have the ordinance published within fifteen days, if adopted.
DEPARTMENT CONTACT: Sheila Cobian (760) 434-2927, scobi@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
O
Da
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
FISCAL IMPACT:
See Agenda Bill No. 19,266 on file in the Office of the City Clerk.
EXHIBITS:
1. Ordinance No. NS-868.
2. Ordinance No. NS-869.
3. Ordinance No. NS-870.
4. Ordinance No. NS-871.
5. Ordinance No. NS-872.
6. Ordinance No. NS-873.
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8 WHEREAS, the State of California has adopted and published California
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Code of Regulations Title 24, Part 9 as the California Fire Code to become effective
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January 1,2008.11
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ORDINANCE NO. NS-868
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
CARLSBAD MUNICIPAL CODE CHAPTER 17.04 BY
REPEALING SECTIONS 17.04.010 THROUGH
17.04.090 RELATING TO THE 2001 FIRE CODE AND
BY ADDING SECTIONS 17.04.010 THROUGH
17.04.370 TO THE CARLSBAD MUNICIPAL CODE
RELATING TO THE ADOPTION BY REFERENCE OF
THE 2007 EDITION OF THE CALIFORNIA FIRE
CODE
WHEREAS, on January 1, 2008, all existing fire code adoptions and
amendments of local agencies automatically revert to the new State minimum code
unless new local adoptions and more restrictive amendments are made.
WHEREAS, more restrictive local amendments can be made to the State's
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minimum code requirements based on local geologic, topographic or climatic
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conditions.18
WHEREAS, the City Council of the City of Carlsbad finds that improved fire\ y
protection in the form of automatic fire sprinklers is necessary in larger commercial
and industrial buildings and hard to reach residential structures to insure the early
control of fires, provide occupants with the time needed to escape and to prevent fire
23 spread. This finding recognizes regional geologic conditions and the likelihood of
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numerous structure fires following a greater magnitude seismic event. It also
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considered the limited ability of local emergency services to provide fire protection
due to extraordinary service demands following such events. Further basis for the
finding is concern for local topographic conditions and irregular elevations along
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10 Code is amended by repealing Sections 17.04.010 through 17.04.090.
17.04.010 Adopted.
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primary travel routes throughout the City. These conditions impede the rapid
deployment and effectiveness of emergency resources.
WHEREAS, that climactic and topographical conditions can exist within the
city that create an extreme fire danger and modification to the California Fire Code is
necessary for community health and safety.
THEREFORE, the City Council of the City of Carlsbad, California, does ordain
as follows:
SECTION 1: That existing Title 17, Chapter 17.04 of the Carlsbad Municipal
17.04.020 Section 901.4.2 amended-Marking of fire apparatus access
roads.
17.04.030 Section 1003.2.2 amended-Automatic fire-extinguishing
systems.
17.04.040 Section 7701.7.2 amended-Prohibiting storage of explosives.
17.04.050 Section 7902.2.2.1 amended-Restricted locations for storage
of flammable and combustible liquids in aboveground tanks.
17.04.060 Section 8204.2 amended-Restricting storage of liquefied
petroleum gas.
17.04.070 Violations.
17.04.080 Recovery of costs associated with certain emergency services
provided by the city fire department.
17.04.090 Article 78 amended.
17.04.010 Adopted.
The city of Carlsbad adopts by reference the 2001 Edition of the California Fire
Code, two copies of which are on file in the office of the city clerk, known as
California Code of Regulations, Title 24, Part 9, except for the following amendments
thereto. The city amends the provisions of the California Fire Code to include the
requirements of the 2000 Edition of the Uniform Fire Code of the Western Fire Chiefs
Association for those occupancies not subject to the California Fire Code. As
adopted and amended herein, the California Fire Code becomes the fire code of the
city of Carlsbad. (Ord. NS-637 § 2 (part), 2002)
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17.04.020 Section 901.4.2 amended-Marking of fire apparatus access roads.
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Section 901.4.2 is amended to read:
28 901.4.2 Marking. When required by the Chief, one or more of the following methods
shall be used to identify fire apparatus access roads and prohibit their obstruction:
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1. The entire length of the road shall be marked by approved signs posted at
intervals no greater than one hundred feet, which identify the road as a "Fire lane"
and state the prohibition of parking therein. The sign shall also warn that vehicles in
violation are subject to citation or removal. Such signs shall be posted in a
permanent manner at a height no greater than nine feet and no less than seven feet;
2. Standard curbs bordering fire access roads shall have the words "NO PARKING
FIRE LANE" painted upon their horizontal and vertical surfaces at intervals of not
more than twenty-five feet. Letters shall be of block style, minimum five (5) inches in
last letters of the text; or
3. A monument type sign may be placed at the entrance to a private street which
provides information as stated in subsection 1, with additional wording necessary to
inform approaching traffic of parking restrictions. Such signs must be approved by
the Police Department and the Fire Marshal prior to installation.
17.04.030 Section 1003.2.2 amended-Automatic fire-extinguishing systems.
Section 1003.2.2 of the California Fire Code is amended to add:
6. Excluding detached R-3 occupancies, in buildings two or more stories in height, an
automatic fire-extinguishing system shall be installed in those areas which lie below
the lowest elevation of Fire Department vehicular access. The access elevation shall
be determined by the Fire Chief.
7. Other provisions of this section notwithstanding, all buildings hereafter constructed
in which the aggregate floor area exceeds ten thousand (10,000) square feet shall be
protected throughout by an approved automatic fire-extinguishing system.
8. Other provisions of this section notwithstanding, all existing buildings in which the
aggregate floor area is expanded to exceed ten thousand (10,000) square feet shall
be protected throughout by an approved automatic fire-extinguishing system.
Subsections 7 and 8 shall not apply to an "Open Parking Garage" as that term
19 is defined in the 2001 edition of the California Building Code.
(Ord. NS-660 § 1, 2003: Ord. NS-637 § 2 (part), 2002)
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17.04.040 Section 7701.7.2 amended-Prohibiting storage of explosives.
22 Section 7701.7.2 of the California Fire Code is amended to read:
7701.7.2 Prohibition of storage. Storage of explosive materials is prohibited within
23 the city limits.
(Ord. NS-637 § 2 (part), 2002)
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17.04.050 Section 7902.2.2.1 amended-Restricted locations for storage of
flammable and combustible liquids in aboveground tanks.
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Section 7902.2.2.1 of the California Fire Code is amended to read:
7902.2.2.1 Locations where aboveground tanks are prohibited. The storage of Class
I and Class II liquids in aboveground tanks outside of buildings is prohibited within
the city limits.
Exception: (1) Farms, rural areas and construction sites as provided in section
7904.2 of this code.
Exception: (2) With the Chiefs approval Class I and II liquids may be stored above
ground outside of buildings in specially designed approved and listed tanks, having
features incorporated into their design which mitigate concerns for exposure to heat,
ignition sources and mechanical damage. Tanks must be installed and used in
accordance with their listing, and provisions must be made for leak and spill
containment. Storage in such tanks on any site shall not exceed 550 gallons for
Class I or 1100 gallons for Class II liquids. The Chief may disapprove the installation
of such containers when, in the Chiefs opinion, their use presents an unacceptable
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(Ord. NS-637 § 2 (part), 2002)
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risk to life or property. In no case shall such storage be permitted on residential
property. The Chief may allow an increase in storage volume when it is found that
such an increase serves public safety interests.
17.04.060 Section 8204.2 amended-Restricting storage of liquefied petroleum
gas.
Section 8204.2 of the California Fire Code is amended to read as follows:
8204.2 Maximum capacity within the city limits. Within the city limits, the aggregate
capacity of any one LP-gas storage installation shall not exceed a 2,000 gallon (7571
L) water capacity.
(Ord. NS-637 § 2 (part), 2002)
17.04.070 Violations.
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For occupancies regulated by the state, pursuant to Section 13112 of the Health and
16 "Safety Code, the minimum penalty is a misdemeanor. For violations of the California
Fire Code not regulated by the state, the penalty may be infraction(s) or
misdemeanor citations, whichever is most appropriate. (Ord. NS-772 § 1, 2005: Ord.
18 NS-637 §2 (part), 2002)
19 17.04.080 Recovery of costs associated with certain emergency services
provided by the city fire department.
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The city shall be entitled to recover the cost of emergency services as described in
subsections 1 through 5. Service costs shall be computed by the fire department
under the direction of the city finance department and shall include the costs of
personnel, equipment, facilities, materials and other external resources.
1. Any person or corporation who allows a hazard to exist on property under control
of that person or corporation, after having been ordered by the fire department or
other city department to abate that hazard, is liable for the cost of services provided
by the fire department should an emergency arise as a result of said unabated
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2. Any person or corporation whose negligence causes an incident to occur on any
public or private street, driveway or highway, which, for purposes of life, property or
environmental protection, places a service demand on the city fire department
resources beyond the scope of routine service delivery, shall be liable for all costs
associated with that service demand.
3. Any person or corporation responsible for property equipped with fire protection or
1 detection devices which, due to malfunction, improper manipulation or negligent
operation, cause a needless response by the fire department to the property shall,
for a period of twelve months after written notification by the fire prevention bureau,
be liable for all future costs associated with each subsequent needless response
caused by those devices.
4. Any person or corporation who conducts unlawful activity which results in fire,
explosion, chemical release or any other incident to which the fire department
responds for the purpose of performing services necessary for the protection of life,
property or the environment shall be liable for the costs associated with the delivery
of those services.
5. When, in the interest of public safety, the fire chief, pursuant to Section 2501.18 of
this code, assigns fire department employees as standby personnel at any event, or
upon any premises, the person or corporation responsible for the event or premises
shall reimburse the fire department for all costs associated with the standby services.
(Ord. NS-637 § 2 (part), 2002)
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1 ° 17.04.090 Article 78 amended.
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Section 7801.2.1 amended-Fireworks general.
Fireworks is any combustible or explosive composition, or any substance or
combination of substances, or device prepared for the purpose of producing a visible
or an audible effect by combustion, explosion, deflagration or detonation, and shall
include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which
explosives are used, firecrackers, torpedoes, sky or model rockets, Roman candles,
Daygo bombs, sparklers, snap caps, poppers or other devices of like construction
and any devices containing any explosive or flammable compound, or any tablet or
other device containing any explosive substance. The term fireworks shall not
include any auto flares, paper caps containing not in excess of an average of twenty-
five hundredths of a grain of explosive content per cap and toy pistols, toy canes, toy
guns or other devices for use of such caps, the sale and use of which shall be
permitted at all times. Fireworks shall include snap caps and poppers, regardless of
the amount of explosive content included in each device.
Section 7801.3.1.4 amended-Displays. Section 7801.3.1.4 is hereby amended by
adding Section 7801.3.1.4.1 Firing, as follows:
Section 7801.3.1.4.1-Firing. All fireworks displays shall be electronically fired.
22 Section 7802.2 amended-Seizure of Fireworks.
The Chief shall have the authority to seize, take, or cause to be removed at the
expense of the owner of all stocks of fireworks offered or exposed for sale, stored or
held in violation of this ordinance, or remove any fireworks stored, sold, offered for
sale, used or handled in violation of Article 78.
Section 7802.3 amended-Prohibition/Penalty.
The storage, use, sale, possession, and handling of fireworks, is prohibited unless a
valid permit has been issued by the Carlsbad Fire Department. Any person violating
any of the provisions or failing to comply with any of the requirements of this chapter
shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by
a fine not to exceed One Thousand Dollars ($1000) or by imprisonment in the
County jail for a period of not more than one year or by both such fine and
imprisonment.
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Section 7802.3-A deleted-Table 7802.3A is hereby deleted without substitution.
Section 7802.4.1 amended-General.
Fireworks displays shall be conducted in accordance with Section 7802.4 and with
the regulations of the State Fire Marshal (Title 19 CCR 982), and only with a valid
permit issued by the Carlsbad Fire Department to a California State Licensed
Pyrotechnician. The conditions of the permit shall be adhered to. Applications for
permits shall be made in writing to the Carlsbad Fire Prevention Division at least
thirty (30) calendar days in advance of the date of the display. No permit granted
hereunder shall be transferable.
(Ord. NS-790§ 1,2006)
SECTION 2: That Chapter 17.04 of the Carlsbad Municipal Code is amended
by adding Sections 17.04.010 through 17.04.370 to read as follows:
17.04.010 Adopted.
17.04.020 Section 202 amended - Fire hazard.
17.04.030 Section 202 amended - High-rise building.
17.04.040 Section 202 amended - Ignition-resistant material.
17.04.050 Section 304.1.2 amended - Vegetation
17.04.060 Section 307.5.1 added - Adult supervision at open fires.
17.04.070 Section 316 added - General storage of firewood.
17.04.080 Section 503.2.1.1 added - Minimum street width in fire
hazard zones.
17.04.090 Section 503.2.1.2 added - Measurement of street width
17.04.100 Section 503.2.3 amended - Surface.
17.04.110 Section 503.2.4 amended - Turning radius.
17.04.120 Section 503.2.7 amended - Grade.
17.04.130 Section 503.3.1 amended - Marking of fire apparatus
access roads.
17.04.140 Section 503.4.1 amended - Fire access roadway design
features.
17.04.150 Section 503.6.1 amended - Gates.
17.04.160 Section 505.1 amended - Street numbers.
17.04.170 Section 505.3 amended - Easement address signs.
17.04.180 Section 505.4 amended - Map/directory.
17.04.190 Section 505.5 amended - Emergency response map
updates.
17.04.200 Section 507.3 amended - Pitfalls.
17.04.210 Section 508.3 amended - Fire flow.
17.04.220 Section 603.8 amended - Residential incinerators.
17.04. 230 Sections 903.2 amended - Automatic fire extinguishing
systems.
17.04.240 Section 903.2 amended - Exception 1 deleted.
17.04.250 Section 1418 amended - Construction fuel modification.
17.04.260 Section 2201.1.1 amended - Revised scope of sections
2205, 2206 and 2210.
17.04.270 Table 2306.2 amended - Footnote J. deleted
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17.04.280 Section 3301.1.1 added - Prohibiting storage of explosives.
17.04.290 Section 3301.1.2 added - Prohibiting the possession,
sales and use of fireworks.
17.04.300 Section 3404.2.9.5.1 amended - Restricting aboveground
storage of flammable and combustible liquids.
17.04.310 Section 3405.2.4 amended - Exception 4 deleted.
17.04.320 Section 3804.2 amended - Restricted storage liquefied
petroleum gas.
17.04.330 Section 3807.5 amended - Securing tanks to ground
17.04.340 Appendix Chapter 1 Section 101.5 amended - Validity.
17.04.350 Violations and penalties.
17.04.360 Appendix Chapter 1 Section 111.4 amended - Failure to
comply.
17.04.370 Emergency services cost recovery.
17.04.010 Adopted.
The City of Carlsbad adopts by reference the 2007 Edition of the California
Fire Code, two copies of which are on file in the office of the City Clerk, known as
California Code of Regulations, Title 24, Part 9 except for the following amendments
thereto. The City amends the provisions of the 2007 California Fire Code to include
the requirements of the 2006 Edition of the International Fire Code including
15 Appendix Chapters 1 and 4 and Appendices B, F & H as published by the
International Code Council for those occupancies not subject to the 2007 California
16 Fire Code. As adopted and amended herein, the 2007 California Fire Code
becomes the Fire Code of the City of Carlsbad.
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. Q 17.04.020 Amended. - Fire hazard.To
Section 202 of the 2007 California Fire Code is amended to add the
following:
Fire hazard is any thing or act that increases or could cause an increase of
the hazard or menace of fire to a greater degree than customarily recognized as
normal by persons in the public service regularly engaged in preventing,
suppressing or extinguishing fire or any thing or act which could obstruct, delay,
hinder or interfere with the operations of the fire department or the egress of
occupants in the event of fire.
17.04.030 Amended. - High-rise building.
Section 202 of the 2007 California Fire Code is amended to read as follows:
High-rise building, as used in this code:
"Existing high-rise building" means a high-rise building, the
construction of which is commenced or completed prior to July 1, 1974.
"High-rise building" 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,
1 Section 403.1.2), except buildings used as hospitals as defined in Health and
Safety Code Section 1250.
"New high-rise building" means a high-rise building, the construction of
which is commenced on or after July 1,1974.
17.04.040 Amended. - Ignition-resistant material.
Section 202 of the 2007 California Fire Code is amended to add the
following:
6 Ignition-resistant material is any product which, when tested in accordance
with ASTM E84 for a period of 30 minutes, shall have a flame spread of not over
25 and show no evidence of progressive combustion. In addition, the flame front
shall not progress more than 10/4 feet (3200 mm) beyond the centerline of the
burner at any time during the test.
Materials shall pass the accelerated weathering test and be identified as
Exterior type, in accordance with ASTM D 2898 and ASTM D 3201. All materials
shall bear identification showing the fire performance rating thereof. That
identification shall be issued by ICC--ES or a testing facility recognized by the
State Fire Marshal having a service for inspection of materials at the factory.
Fire-Retardant-Treated Wood or noncombustible materials as defined in
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section 202 shall satisfy the intent of this section.
The enforcing agency may use other definitions of ignition-resistant material
that reflect wildfire exposure to building materials and/or their materials
performance in resisting ignition.
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17.04.050 Amended - Vegetation.
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2007 California Fire Code Section 304.1.2 is amended to read as follows:
17 Vegetation means weeds, grass, vines or other growth that is capable of
being ignited and endangering property and shall be cut down and removed by the
owner or occupant of the premises. Vegetation clearance requirements in urban-
19 wildland interface areas shall be in accordance with City of Carlsbad standards.
17.04.060 Amended - Adult supervision at open fires.
Chapter 3 of the 2007 California Fire Code is amended to add Section
22 307.5.1 that reads as follows:
An adult must be present at all times to watch and tend outdoor fires.
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17.04.070 Amended - General storage of firewood.
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Chapter 3 of the 2007 California Fire Code is amended to add Section 316
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Firewood shall not be stored in unenclosed spaces beneath buildings or
structures, or on decks or under eaves, canopies or other projections or
overhangs. When required by the code official, storage of firewood material stored
in the defensible space shall be located a minimum of 30 feet (9 144 mm) from
structures and separated from the crown of trees by a minimum of 15 feet (4 572
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have a minimum unobstructed width of 28 feet.6
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17.05.090 Added - Measurement of Street Width.
Chapter 5 of the 2007 California Fire Code is amended to add Section
503.2.1.2 that reads as follows:
Street widths are to be measured from top face of the curb to top face of the
curb on streets with curb and gutter, and from flow-line to flow-line on streets with
rolled curbs.
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17.04.100 Amended - Surface.
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Section 503.2.3 of the 2007 California Fire Code is amended to read as
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mm), measured horizontally. Firewood and combustible materials not for
consumption on the premises shall be stored so as to not pose a hazard.
Chapter 5 of the 2007 California Fire Code is amended to add Section
503.2.1.1 that reads as follows:
Public and private streets located within designated fire hazard zones shall
follows:
Fire apparatus access roads shall be designed and maintained to support
the imposed loads of fire apparatus not less than 75,000 Ibs. (unless authorized
15 by the AHJ) and shall be provided with an approved paved surface so as to
provide all-weather driving capabilities.
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17.04.110 Amended - Turning radius.
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18 Section 503.2.4 of the 2007 California Fire code is amended to read as
follows:
The inside turning radius for an access road shall be 28 feet or greater with
a five-foot back of curb clearance for bumper overhang. The outside turning radius
for an access road shall be a minimum of 46 feet Cal-Trans 407-E template is20
utilized.21
22 17.04.120 Amended - Grade.
Section 503.2.7 of the 2007 California Fire Code is amended to read as
follows:
The gradient for a fire apparatus access roadway shall not exceed 10.0% (5.7
degrees). The grade may be increased to a maximum of 15% (8.5 degrees) for
25 approved lengths of access roadways, when all structures served by the access
26 road are protected by automatic fire sprinkler systems. Cross slope shall not be
greater than 2% for paved access roadways. Grades exceeding 10.0% (incline or
27 decline) shall not be permitted without mitigation. Minimal mitigation shall be the
installation of fire sprinkler systems and a surface of Portland cement concrete
28 (PCC), with a deep broom finish perpendicular to the direction of travel, or
equivalent, to enhance traction. The Fire Code Official may require additional
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approved by the Fire Code Official.
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17.04.130 Amended - Marking of fire apparatus roads.
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Section 503.1 of the 2007 California Fire Code is amended to read as follows:
5 When required by the Fire Code Official, one or more of the following
methods shall be used to identify fire apparatus access roads and prohibit their
obstruction:
The entire length of the road shall be marked by approval signs posted at
intervals no greater than one hundred feet, which identify the road as a "Fire lane"
and state the prohibition of parking therein. The sign shall also warn that vehicles in
violation are subject to citation or removal. Such signs shall be posted in a
permanent manner at a height no greater than nine feet and no less than seven feet;
Standard curbs bordering fire access roads shall have the words "NO
PARKING FIRE LANE" painted upon their horizontal and vertical surfaces at
intervals of not more than twenty-five feet. Letters shall be of block style, minimum
five (5) inches in height with a stroke of not less than % inch, and shall be white on a
red background. The background shall extend at least six inches beyond the first
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mitigation measures where he deems appropriate. The angle of departure and angle
of approach of a fire access roadway shall not exceed 12% (7 degrees) or as
and last letters of the text; or,
A monument type sign may be placed at the entrance to a private street which
provides information as stated in sub-section 1, with additional wording necessary to
15 inform approaching traffic or parking restrictions. Such signs must be approved by
the Police Department and the Fire Marshal prior to installation.
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17.04.140 Amended - Fire access roadway design features.
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Chapter 5 of the 2007 California Fire Code is amended to add Section
503.4.1 that reads as follows:
Roadway design features (speed bumps, speed humps, speed control dips,
etc.) which may interfere with emergency apparatus responses shall not be
installed on fire access roadways, unless they meet design criteria approved by20 i
the Fire Code Official.
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22 17.04.150 Amended-Gates.
Chapter 5 of the 2007 California Fire Code is amended to add Section
503.6.1 that reads as follows:
All gates or other structures or devices which could obstruct fire access
roadways or otherwise hinder emergency operations are prohibited unless they
meet standards approved by the Fire Code Official, and receive specific plan
approval.
All automatic gates across fire access roadways and driveways shall be
equipped with approved emergency key-operated switches overriding all
command functions and opening the gate(s). Gates accessing more than four
residences or residential lots, or gates accessing hazardous institutional,
educational or assembly occupancy group structures, shall also be equipped with
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1 approved emergency traffic control-activating strobe light sensor(s), or other
devices approved by the Fire Code Official, which will activate the gate on the
approach of emergency apparatus with a battery back-up or manual mechanical
disconnect in case of power failure.
All automatic gates must meet fire department policies deemed necessary
by the Fire Code Official for rapid, reliable access.
Automatic gates serving more than one dwelling or residential lot in
existence at the time of adoption of this Ordinance are required to install an
approved emergency key-operated switch, or other mechanism approved by the
6 Fire Code Official, at an approved location, which overrides all command functions
and opens the gate(s). Property owners must comply with this requirement within
90 days of written notice to comply.
Where this section requires an approved key-operated switch, it shall be
dual keyed or dual switches provided to facilitate access by law enforcement
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personnel.
Section 505.1 of the 2007 California Fire Code is amended to read as
follows:
Approved numbers and/or addresses shall be placed on all new and
existing buildings and at appropriate additional locations as to be plainly visible
and legible from the street or roadway fronting the property from either direction of
approach. Said numbers shall contrast with their background, and shall meet the
following minimum standards as to size: 4" high with a 3/8" stroke for residential
buildings, 6" high with a W' stroke for commercial and multi-residential buildings,
12" high with a 1" stroke for industrial buildings. Additional numbers shall be
required where deemed necessary by the Fire Code Official, such as rear access
doors, building corners, and entrances to commercial centers. The Fire Code
Official may establish different minimum sizes for numbers for various categories
of projects.
Multi-unit buildings suite/apartment numbers shall be placed on or adjacent
to the primary entrance for each suite/apartment and any other door providing
access to fire department personnel during an emergency. Multiple residential and
commercial units having entrance doors not visible from the street or road shall, in
addition, have approved numbers grouped for all units within each structure and
positioned to be plainly visible from the street or road.
Multi-building clusters approved numbers or addresses shall be placed on
the front elevation(s) of all buildings that form the cluster.
17.04.170 Amended - Easement address signs.
Chapter 5 of the 2007 California Fire Code is amended to add Section
505.3 that reads as follows:
All easements which are not named differently from the roadway, from
which they originate, shall have an address sign installed and maintained, listing
all street numbers occurring on that easement, located where the easement
intersects the named roadway. Minimum size of numbers on that sign shall be
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four inches in height with a minimum stroke of 3/8", and shall contrast with the
background.
17.04.180 Amended - Map/directory.
Chapter 5 of the 2007 California Fire Code is amended to add Section 505.4
that reads as follows:
A lighted directory map, meeting current fire department standards, shall be
installed at each driveway entrance to multiple unit residential projects and mobile
17.04.190 Amended - Response map updates.
Chapter 5 of the 2007 California Fire Code is amended to add Section
505.5 that reads as follows:
Any new development, which necessitates updating of emergency
response maps by virtue of new structures, hydrants, roadways or similar features,
shall be required to provide map updates in a format approved by the fire
department. The responsible party shall be charged a reasonable fee for updating
the City emergency response maps.
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17.04.200 Amended - Pitfalls.
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Section 507.3 of the 2007 California Fire Code is amended to read as
follows:
-15 Pitfalls, the California Penal Code shall be used for penalties for violations
of this section.
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17.04.210 Amended - Fire flow.
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Section 508.3 of the 2007 California Fire Code is amended to read as
follows:
Fire flows shall be based on Appendix B of the 2007 California Fire Code.
Consideration should be given to increasing the gallons per minute set forth in
Appendix B to protect structures of extremely large square footage and for such
reasons as: poor access roads; grade and canyon rims; hazardous brush; and
response times greater than five minutes by a recognized fire department or fire
suppression company.
In hazardous fire areas as defined in Appendix B, the main capacity for new
subdivisions shall not be less than 2,500 gallons per minute, unless otherwise
approved by the Fire Code Official.
If fire flow increases are not feasible, the Fire Code Official may require
alternative design standards such as: alternative types of construction providing a
25 higher level of fire resistance; fuel break requirements which could include
26 required irrigation; modified access road requirements; specified setback
distances for building sites addressing canyon rim developments and hazardous
27 brush areas; and other requirements authorized by the Carlsbad Municipal Code
and as specified by the Fire Code Official.
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17.04.220 Amended - Residential incinerators.
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3 17.04.230 Amended - Automatic fire extinguishing systems.
2007 California Fire Code Section 903.2 is amended to read as follows:
When required by the Carlsbad Municipal Code, an approved automatic
sprinkler system in new building and structures shall be provided in the locations
described in this section. For the purpose of fire-sprinkler systems, buildings
6 separated by less than ten (10) feet from adjacent buildings shall be considered as
one building. Fire barriers, partitions and walls, regardless of rating, shall not be
considered as creating separate buildings for purposes of determining fire sprinkler
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8 requirements. Mezzanines shall be included in the total square footage calculation.
Excluding detached R-3 occupancies, in buildings two or more stories in
height, an automatic fire extinguishing system shall be installed in those areas which
lie below the lowest elevation of Fire Department vehicular access. The access
elevation shall be determined by the Fire Code Official.
Other provisions of this section notwithstanding, all buildings hereinafter
constructed in which the aggregate floor area exceeds five-thousand (5,000) square
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2007 California Fire Code Section 603.8 is amended to read as follows:
Residential incinerators shall be prohibited.
feet shall be protected throughout by an approved automatic fire sprinkler system.
Other provisions of this section notwithstanding, all existing buildings in which
the aggregate floor area is expanded to exceed five-thousand (5,000) square feet
shall be protected throughout by an approved automatic fire sprinkler system.
For detached R-3 occupancies automatic fire-extinguishing systems shall
be required when any of the following conditions are met:
1. The gradient for access roads and driveways exceed 10%.
2. Private streets and driveways serving more than 3 dwellings and/or
exceed 150 feet in length.
3. Private streets or driveways less than 24 feet in width.
4. The center or the furthest most wall or projection of the dwelling exceeds
150 feet from the centerline of the nearest Fire Department access. (This distance
is measured along a path that simulates the route a firefighter may take to access
all portions of the exterior of a structure from the nearest public road or fire access
road.)
17.04.240 Amended - Exception 1.
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2007 California Fire Code, section 903.2, Exception 1 is deleted in its entirety.
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17.04.250 Amended - Construction fuel modification.
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Chapter 14 of the 2007 California Fire Code is amended to add Section
25 1418 that reads as follows:
Combustible vegetation fuel modification at construction sites shall be
maintained prior to combustibles building materials arriving on site.
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17.04.260 Amended - Revised scope of Chapter 22, sections 2205,
2206 and 2210.
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9 Storage of explosives (as defined in California Code of Regulations Title 19,
Chapter 10, Subchapter 2, Section 1559.5) are prohibited within the city limits.
M 17.04.290 Amended - Prohibiting the possession, sales and use of
fireworks.
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2007 California Fire Code is amended to add Section 3301.1.2 that reads as
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Chapter 22 of the 2007 California Fire Code is amended to add Section
2201.1.1 that reads as follows:
When provisions are made for Class IMA liquids in Sections 2205, 2206 and
2210, the provisions shall apply to all Class III liquids.
17.04.270 Amended - Table 2306.2 Footnote J.
2007 California Fire Code Table 2306.2 is amended to delete footnote J of
17.04.280 Amended - Prohibiting storage of explosives.
2007 California Fire Code is amended to add Section 3301.1.1 that reads as
follows:
follows:
The possession, sale, use and or storage of all types of fireworks are
prohibited within the city limits. This includes those fireworks classified as "novelty"
fireworks (e.g., snap caps and poppers) by the California State Fire Marshal.
This section does not apply to public fireworks displays permitted by the Fire
Code Official conducted by properly licensed persons meeting the requirements of
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Title 19 California Code of Regulations, Chapter 6 - Fireworks.
18 17.04.300 Amended - Prohibited/Restricted locations for the storage of
flammable and combustible liquids in above-ground tanks.
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Section 3404.2.9.5.1 of the 2007 California Fire Code is amended to read as
follows:
The storage of Class I and Class II liquids in aboveground tanks located
outside of a building is prohibited within the City limits.
Exceptions: (1) Farms, rural areas and construction sites as provided in
Section 3406.2 of the 2007 California Fire Code. (2) With the written approval from
the Fire Code Official, Class I and Class II liquids may be stored in aboveground
tanks outside of a building in specifically designed approved and listed tanks, having
features incorporated into its design which mitigate concerns for exposure to heat,
ignition sources and mechanical damage. Tanks must be installed and used in
25 accordance with its listing, and provisions must be made for leak and spill
containment. Maximum storage in approved and listed tanks on or at any site shall
not exceed 550 gallons for Class I or 1100 gallons for Class II liquids. The Fire Code
Official may disapprove the installation or continued use of such aboveground tanks
when, in the Fire Code Official's opinion, the aboveground tanks presents an
unacceptable risk to life, the environment or property. No person or entity shall store
Class I or Class II liquids in aboveground storage tanks on residential property.
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17.04.310 Amended - Class I, II & III liquids.
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petroleum gas (LPG).
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on any single parcel, shall not exceed 2,000 gallons (7571L) water capacity,
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17.04.330 Amended - Securing tanks to ground (LPG).
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Notwithstanding, the Fire Code Official may allow an increase in the maximum
storage volume when it is found that such an increase serves public safety interests.
Exception 4 in its entirety.
17.04.320 Amended - Maximum capacity for storage of liquefied
Section 3804.2 of the 2007 California Fire Code is amended to read as
follows:
Within the city limits, the combined aggregate capacity of all LPG-gas storage,
Chapter 38 of the 2007 California Fire Code is amended to add Section
3807.5 that reads as follows:
LPG Tanks with a water capacity of 125 gallons or larger shall be
secured to the ground to prevent the tank from rolling or moving. The
method of securing the tank to the ground must meet the requirements
contained in the 2007 California Fire Code for securing aboveground
hazardous materials storage tanks in seismic zone 4. "Wet stamped"
engineering documents from a California licensed Professional Engineer
are required.
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17.04.340 Amended - Validity.
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18 Appendix to Chapter 1, Section 101.5 of the 2007 California Fire
Code is amended to read as follows:
The City Council of the City of Carlsbad hereby declares that should any
section, paragraph, sentence or word of this Ordinance or of the City of Carlsbad
Municipal Code hereby adopted be declared for any reason to be invalid, it is the
intent of the City Council that it would have passed all other portions of this
Ordinance independently of the elimination here from of any such portion as may
22 be declared invalid.
23 17.04.350 Amended - Violation penalties.
24 Appendix to Chapter 1, Section 109.3 of the 2007 California Fire Code is
amended to read as follows:
25 Any person who shall violate any of the provisions of this code or standards
hereby adopted or fail to comply therewith, or who shall violate or fail to comply
with any order made thereunder, or who shall build in violation of any detailed
statement or specification or plans submitted and approved thereunder, or any
certificate or permit issued thereunder, and from which no timely appeal has been
taken, or who shall fail to comply with such an order as affirmed or modified by the
City Attorney of the City of Carlsbad or by a court of competent jurisdiction within
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enforced removal of prohibited conditions.
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17.04.360 Amended - Failure to comply.
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than $250.00 dollars or more than $1,000 dollars.12
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the time fixed herein, shall severally for each and every violation and
noncompliance respectively, be guilty of a misdemeanor, punishable by a fine not
exceeding $1,000.00 or by imprisonment in County Jail not exceeding six (6)
months, or both. The imposition of one penalty of any violation shall not excuse
the violation or permit it to continue; and all such persons shall be required to
correct or remedy such violations or defects within a reasonable time; and when
not otherwise specified, each day that prohibited conditions are maintained shall
constitute a separate offense.
The application of the above penalty shall not be held to prevent the
Appendix to Chapter 1, Section 111.4 of the 2007 California Fire Code is
amended to read as follows:
Any person, who shall continue any work having been served with a
stop work order, except such work as that the person is directed to perform
to remove a violation or unsafe condition, shall be liable to a fine of not less
17.04.370 Amended - Recovery of costs associated with certain
emergency services provided by the City of Carlsbad Fire Department.
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The City shall be entitled to recover the cost of emergency services as
15 described in sub-sections 1 through 5 below. Service costs shall be computed by
the Fire Department under the direction of the City Finance Department and shall
include the costs of personnel, equipment, facilities, materials and other external
resources.
1. Any person or corporation who allows a hazard to exist on property under
control of that person or corporation, after having been ordered by the Fire
Department or other city department to abate that hazard, is liable for the cost of
services provided by the Fire Department should an emergency arise as a result of
said unabated hazard.
2. Any person or corporation whose negligence causes an incident to occur
on any public or private street, driveway or highway, which, for the purposes of life,
property or environmental protection, places a service demand on the City Fire
Department resources beyond the scope of routine service delivery, shall be liable
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for all costs associated with that service demand.
3. Any person or corporation responsible for property equipped with fire
protection or detection devices which, due to malfunction, improper manipulation or
negligent operation causes a needless response by the Fire Department to the
property shall, for a period of 12 months after written notification by the Fire
Prevention Bureau, be liable for all future costs associated with each subsequent
needless response caused by those devices.
4. Any person or corporation who conducts unlawful activity which results in
fire, explosion, chemical release or any other incident to which the Fire Department
responds for the purpose of performing services necessary for the protection of life,
property or this environment, shall be liable for the costs associated with the delivery
of those services.
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5. When, the interest of public safety, the Fire Chief, pursuant to Section
2501.18 of this Code, assigns Fire Department employees as standby personnel at
any event, or upon any premise, the person or corporation responsible for the event
or premises shall reimburse the Fire Department for all costs associated with the
standby services.
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 18tb day of December , 2007, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad 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:
R. BALLTCity Attorney
ATTEST:
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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
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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
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city that create an extreme fire danger and modification to the California Building
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Code is necessary for community health and safety.
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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.
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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:
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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
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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.
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SECTIONS: That Title 18, Chapter 18.04 of the Carlsbad Municipal Code,
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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
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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.
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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
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High-rise structure. As used in this code:
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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
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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)
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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
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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)
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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:
1 ORDINANCE NO. NS-870
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD
MUNICIPAL CODE, TITLE 18 CHAPTER 18.08 SECTION
18.08.010 ADOPTING BY REFERENCE THE CALIFORNIA
4 MECHANICAL CODE (2007 EDITION), REPLACING
"COMMUNITY DEVELOPMENT DIRECTOR" WITH
"BUILDING AND CODE ENFORCEMENT MANAGER"
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WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2007
Edition of the California Mechanical Code is in the best interest of the public and promotes
the health, safety and welfare of its citizens.
THEREFORE, the City Council of the City of Carlsbad, California, does ordain as
follows:
SECTION 1: That Title 18, Chapter 18.08 of the Carlsbad Municipal Code,
section 18.08.010 is amended to read as follows:
18.08.010 Adoption. The California Mechanical Code 2007 Edition, copyrighted by
the International Conference of Building Officials, is adopted by reference as the
mechanical code of the City of Carlsbad. (Ord. NS-639 § 1, 2002: Ord. NS-479 § 1, 1999:
15 Ord. NS-335 § 1, 1995: Ord. NS-210 § 1 (part), 1992: Ord. NS-106 § 1, 1990: Ord. 8108 §
^ 1, 1986: Ord. 8080 § 1, 1978: Ord. 8055 § 2, 1970)16
SECTION 2: That Title 18, Chapter 18.08 of the Carlsbad Municipal Code,
section 18.08.020 is amended to read as follows:
18.08.020 Building official designated. The building and code enforcement manager or19authorized representative of the city is designated as the building official as mentioned in
the Uniform Mechanical Code and is designated as the person who shall enforce all of the
provisions of that code. (Ord. NS-210 § 1 (part), 1992: Ord. 1261 § 19, 1983; Ord. 8080 §
21 2 (part), 1978)
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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
ONALD R. BALL, City Attorney
i i^JjLfum~<^j
. WOOGf, Ojity Clerk' <J
ORDINANCE NO. NS-871
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD
MUNICIPAL CODE, TITLE 18 CHAPTER 18.12 BY
REPEALING SECTIONS 18.12.030 THROUGH 18.12.070,
18.12.245,18.12.255, AND 18.12.260, BY AMENDING
18.12.010 ADOPTING BY REFERENCE THE CALIFORNIA
5 ELECTRICAL CODE (2007 EDITION) AND REPLACING
"COMMUNITY DEVELOPMENT DIRECTOR" WITH
"BUILDING OFFICIAL"
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THEREFORE, the City Council of the City of Carlsbad, California, does ordain as
follows:
SECTION 1: That Title 18, Chapter 18.12 of the Carlsbad Municipal Code,
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section 18.12.010 is amended to read as follows:14
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WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2007
Edition of the California Electrical Code is in the best interest of the public and promotes
the health, safety and welfare of its citizens.
18.12.010 Adoption. The California Electrical Code 2007 Edition, copyrighted by
the National Fire Protection Association, is adopted by reference as the Electrical Code
.. for the City of Carlsbad.ID
SECTION 2: That existing Title 18, Chapter 18.12 of the Carlsbad Municipal Code
is amended by repealing Sections 18.12.030 through Section 18.12.070, and Sections
18.12.245, 18.12.255, and 18.12.260.i y
18.12.030 Community development director-Duties.
It shall be the duty of the community development director to enforce the provisions of this
code. He shall, upon application, grant permits for the installation or alteration of electrical
22 'wiring, devices, appliances, and equipment and shall make inspections of all new
electrical installations and reinspections of all electrical installations, all as provided in this
code. He shall keep complete records of all permits issued, inspections, reinspections
made and other official work performed in accordance with the provisions of this code.
The community development director may delegate any of his powers or duties to any of
his assistants. (Ord. NS-676 § 7 (part), 2003; Ord. 8098 § 2 (part), 1982; Ord. 8061 (part),
1972: prior code § 9.1 (part))
18.12.040 Community development director-Authority.
The community development director shall have the right during reasonable hours or at
any time when extreme danger exists to enter any building in the discharge of his official
duties or for the purpose of making an inspection, reinspection, or test of the installation of
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electrical wiring, devices, appliances, and equipment contained therein. The community
development director shall have the authority to cut or disconnect any wire in cases of
emergencies where necessary to safety or life of property or where such wire may
interfere with the work of the fire department. The community development director is
authorized to disconnect or order discontinuance of electrical service to any electrical
wiring, device, appliance, or equipment found to be dangerous to life or property because
they are defective or defectively installed. (Ord. NS-676 § 7 (part), 2003; Ord. 8089 § 2
18.12.050 Interpretation.
The language used in this code and in the National Electrical Code, which is herein
adopted by reference, is intended to convey the common and accepted meaning familiar
to the electrical industry. The community development director is authorized to determine
the intent and meaning of any provisions of this code. Such determination shall be made
in writing and a record kept which record shall be open to the public. (Ord. NS-676 § 7
(part), 2003; Ord. 8098 § 2 (part), 1982; Ord. 8061 (part), 1972: prior code § 9.1(B))
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18.12.060 Responsibility.
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This code shall not be construed to relieve from or lessen the responsibility of any party
12 owning, operating, controlling, or installing any electrical wiring, electrical device, or
electrical materials for damage to person or property caused by any defect therein, nor
shall the city or any officer or employee thereof enforcing this code be held as assuming
any such liability by reason of the inspections authorized therein, or certificate of
inspection issued in accordance with the provisions of this code. (Ord. 8061 (part), 1972:
15 prior code §9.1(0))
16 18.12.070 Prohibitions.
It is unlawful for any person either as owner, architect, contractor, artisan or otherwise to
do or knowingly to cause or permit to be done any electric wiring in such manner that the
same shall not conform to all of the provisions of this code. (Ord. 8061 (part), 1972: prior
code § 9.2)
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18.12.245 Article 250.52(3)-Concrete encased electrode amended.
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Article 250.52(3) of the California Electrical Code is amended to read:
The primary grounding method shall be that which is referred to as the "Ufer Ground"
consisting of 20 feet or more of Copper Conductor #4 (minimum) or larger sized from
N.E.C. Table 250-66, "Grounding Electrode Conductor for AC Systems." The copper
conductor shall be placed three inches up from the bottom and a three-inch clearance
from the sides of the concrete footing and supported by a Reinforcing Bar #4 or larger
completely encased in concrete. When below ground, the copper grounding conductor
shall be encased in concrete or in rigid nonmetallic conduit from six inches inside the
concrete footing to the service equipment. The copper electrode conductor shall be
continuous and unbroken to its termination at the service connection.
For single-family residential use only (up to and including 200 amp service), the concrete
encased electrode (rebar) may be used subject to the following requirements:
1. The Rebar #4, 1/2" diameter or larger, to which the grounding electrode conductor is
connected must be a minimum of 20 feet long, unbroken.
2. The total developed length of rebar placed three inches up from the bottom of the
foundation must be no less than 20 feet. Where splices are necessary to obtain the
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and the point of connection of the grounding electrode connector must be accessible.
4 Aluminum or copper-clad aluminum electrode conductor shall not be used in concrete,
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required 20 feet, they must be made so that the two bars overlap by no less than 15
inches and are secured by at least two steel tie wires. The splice shall occur at the
opposite end from the extended location.
3. The rebar may only extend out of the slab in a dry location.
4. The rebar must extend out of the slab at least six inches and not more than 18 inches,
outside or in any other corrosive environment.
(Ord. NS-758 § 6, 2005: Ord. NS-640 § 2, 2002: Ord. NS-165 § 2 (part), 1991: Ord. NS-27
§2 (part), 1988)
18.12.255 Article 334.10 amended-Nonmetallic-sheathed cable.
Article 334.10 of the California Electrical Code is amended to read as follows:
Uses Permitted or Not Permitted. Type NM and Type NMC cables shall be permitted to be
used in one and two-family dwellings or multifamily dwellings and, with approval of the
administrative authority, other structures not exceeding three floors above grade as
defined in the California Building Code.
Article 348.60 of the California Electrical Code is amended to read:
Grounding. Flexible metal conduit shall be permitted as a grounding means where both
the conduit and the fittings are approved for grounding. Where an equipment bonding
jumper is required around flexible metal conduit, it shall be installed in accordance with
Section 250.102.
EXCEPTIONS: 1. Flexible metal conduit shall not be permitted as a grounding means at
any place for an outlet.
2. Flexible metal conduit shall be permitted as a grounding means if the total length in any
ground return path is 6 feet (1.83 m) or less; the conduit is terminated in fittings approved
for grounding, and the circuit conductors contained therein are protected by overcurrent
devices rated at twenty amperes or less and cannot be extended as an outlet.
SECTIONS: That Title 18, Chapter 18.12 of the Carlsbad Municipal Code,
Sections 18.12.110, 18.12.120, and 18.12.200 are amended by deleting the title
"community development director" and replacing it with the title "building official."
18.12.110 Installations-lncompleted.
Should any person to whom a permit has been issued quit an installation, for any reason,
he shall notify the community development director within forty-eight hours and request an
inspection of work installed. No person shall resume work on an uncompleted installation
until such installation shall have been approved by the building official and necessary
permit obtained. (Ord. NS-676 § 7 (part), 2003; Ord. 1266 § 1 (part), 1983; Ord. 8061
2? (part), 1972: prior code § 9.6)
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18.12.120 Permit-Scope.
The permit when issued shall be for such installation as is described in the application and
no deviation shall be made from the installation so described without the written approval
of the building official. (Ord. NS-676 § 7 (part), 2003; Ord. 1266 § 1 (part), 1983; Ord.
8061 (part), 1972: prior code § 9.7)
18.12.200 Previously used materials.
Previously used materials shall not be reused in any work without the written approval
obtained in advance from the building official. (Ord. NS-676 § 7 (part), 2003; Ord. 8098 §
2 (part), 1982; Ord. 8061 (part), 1972: prior code § 9.17)
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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 18 tb day of ppr.pmhpr _ , 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
o o
RONAW R. BALL, City Attorney
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ORDINANCE NO. NS'872
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD
MUNICIPAL CODE, TITLE 18 CHAPTER 18.16, SECTION
18.16.010 ADOPTING BY REFERENCE THE CALIFORNIA
PLUMBING CODE (2007 EDITION), REPLACING "UNIFORM
PLUMBING CODE" WITH "CALIFORNIA PLUMBING CODE"
WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2007
Edition of the California Plumbing Code is in the best interest of the public and promotes
the health, safety and welfare of its citizens.
THEREFORE, the City Council of the City of Carlsbad, California, does ordain as
follows:
SECTION 1: That Carlsbad Municipal Code Title 18, Chapter 18.16, Section
18.016.010 is amended to read as follows:
18.06.010 Adoption. The California Plumbing Code, 2007 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. (Ord. NS-641 § 1, 2002: Ord. NS-478 § 1, 1999: Ord. NS-334 § 1 (part), 1995: Ord.
NS-211 § 1 (part), 1992: Ord. NS-107 § 1, 1990: Ord. 8109 § 1, 1986: Ord. 8089 § 2
1b (part), 1981
17 SECTION 2: That Title 18, Chapter 18.16 of the Carlsbad Municipal Code
18 Sections 18.16.080, 18.16.120, and 18.16.130 are amended by replacing the words
1Q "Uniform Plumbing Code" with "California Plumbing Code."
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18.16.080 Section 609.12 added-Bypass tees.
Section 609.12 is added to the California Plumbing Code to read:
On the effective date of this Ordinance, all new buildings where recycled water will be
used for irrigation shall install on the building supply pipe a bypass tee for recycled water
cross-connection shut down testing. The bypass tee shall be constructed of copper and
the size shall match the building supply pipe size approved for the building. The bypass
tee shall be connected to the building supply pipe above ground and before the pressure
regulator at a point just before it enters the building. Both end connections to the building
supply pipe shall be made using a union. A bronze full port straight ball valve with handle
shall be installed on the inlet side of the bypass tee for the building supply pipe, and sized
to match the inlet tee. A bronze full port straight ball valve with tee-head and padlock wing
27 shall be installed on the side inlet tee, which shall be threaded with a male hose thread
adapter to match the building supply pipe size. The work shall be in conformance with
Engineering Standard Drawing W35. All shut down tests using the bypass tee shall be
5"
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4 Section 102.3.1 of the California Plumbing Code is amended to read:
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conducted with a backflow prevention device to reduce potential for contamination of the
potable water system.
(Ord. NS-717§2, 2004)
Any person or corporation who violates any of the provisions of this chapter is guilty of an
infraction except for the fourth or 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.
(Ord. NS-334 § 1 (part), 1995: Ord. 8089 § 2 (part), 1981)
18.16.130 Section 103.4.1 amended-Permit fees.
Section 103.4.1 of the California Plumbing Code is amended to read:
(a) Permit Fees.
Every applicant for a permit to do work regulated by this code shall state in writing on the
application form provided for that purpose the character of work proposed to be done and
such information pertinent thereto as may be required. Such applicant shall pay for each
permit issued at the time of issuance a fee in accordance with the following schedule and
at the rate provided for each classification shown herein.
Any person who commences any work for which a permit is required by this code without
first having obtained a permit therefor shall, if subsequently permitted to obtain a permit,
pay double the permit fee fixed by this section for such work. This provision shall not apply
to emergency work when it is proved to the satisfaction of the Administrative Authority that
such work was urgently necessary and that it was not practical to obtain a permit therefor
before the commencement of the work. In all such cases a permit must be obtained as
soon as it is practical to do so, and if there is an unreasonable delay in obtaining such
permit, a double fee shall be charged.
For the purpose of this section a sanitary plumbing outlet on or to which a plumbing fixture
or appliance may be set or attached shall be construed to be a fixture. Fees for
reconnection and retest of existing plumbing systems in relocated buildings shall be based
on the number of plumbing fixtures, gas systems, water heaters, etc., involved.
For factory-built housing no fixture or water heater fee shall be charged for those fixtures
and water heaters installed at the factory when the structure has been manufactured in
21 accordance with the State Factory-Built Housing Law.
22 SCHEDULE OF FEES
Permit Issuance
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1. For issuing each permit j $20.00
2. For issuing each supplemental permit ] $10.0024 n
Unit Fee Schedule (in addition to Items 1 and 2 above)
25 1. For each plumbing fixture on one trap or a set of fixture j $ 7.00
on one trap (including water, drainage piping and backflow j
protection therefor) j
,2. For each building sewer and each trailer park sewer [ $15.00
i3. Rainwater systems-per drain (inside building) j $ 7.00
4^ For each cesspool (where permitted) $25.00
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5. For each private sewage disposal system
6. For each water heater and/or vent
7. For each gas-piping system of one to five outlets
8. For each additional gas piping system outlet, per outlet
9. For each industrial waste pretreatment interceptor
including its trap and vent, excepting kitchen-type grease
interceptors functioning as fixture traps
10. For each installation, alteration or repair of water
piping and/or water treating equipment, each
11 . For each repair or alteration of drainage or vent piping,
each fixture
12 For each lawn sprinkler system on many one meter
including backflow protection devices therefor
1 3. For atmospheric-type vacuum breakers not included in
item 12:
1 to 5
over 5, each
1 4. For each backflow protective device other than
atmospheric type vacuum breakers:
2 inch diameter and smaller
over 2 inch diameter
Other Inspections and Fees
1. Inspections outside of normal business hours
2. Reinspection fee
3. Inspections for which no fee is specifically indicated
4. Additional plan review required by changes, additions
or revisions to approved plans, (minimum charge-one-
half hour)
*" $40.00
$7.00
$5.00
$ 1.00
$ 7.00
$7.00
$7.00
$7.00
$5.00
$1.00
$7.00
$15.00
$30.00*
$30.00
$30.00*
$30.00*
er hour for each hour worked or the total hourly cost to the jurisdiction, whichever is
jater. This cost shall include supervision, overhead, equipment, hourly wages and
ge benefits of all the employees involved.
rd. NS-34 § 1 (part), 1995: Ord. NS-211 § 1 (part), 1992: Ord. 8089 § 2 (part), 1981)
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SECTIONS: That Title 18, Chapter 18.16 of the Carlsbad Municipal Code,
Section 18.16.160 is amended to read as follows:
Section 18.16.160 Section 610.2 amended - Discharge of saline water by water
softener.
Section 610.2 of the California Plumbing Code is amended by the addition of the
following:
It shall be unlawful to install or replace any plumbing equipment, including any
automatic or self regenerating water softener unit, the operation of which may result in the
discharge of saline waste into the sewerage facilities in the Lake Calavera Hills Drainage
Basin, or the discharge of such wastes that might pollute any surface or underground
stream, watercourse, lake or any body of water, including any underground, natural or
artificial storage reservoir, or which might impair or contribute to the impairment of the
usefulness of such waters for human or animal consumption or domestic, agricultural,
industrial, or recreational purposes or for any other useful purpose.
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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 18 tb day of Dpr.pmhPT- _ , 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
RONALITR. BALL, City Attorney
CLAUDE A. LEWIS.Way&r
ATTEST:
]jftfr*
0,
M. WOQto', City Clerk (J
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2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD
MUNICIPAL CODE, TITLE 18 CHAPTER 18.30 TO ADD
SECTION 18.30.030 ADOPTING BY REFERENCE THE
4 CALIFORNIA ENERGY CODE (2007 EDITION).
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ORDINANCE NO. NS-873
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WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2007
Edition of the California Energy Code is in the best interest of the public and promotes the
health, safety and welfare of its citizens.
THEREFORE, the City Council of the City of Carlsbad, California, does ordain as
follows:
SECTION 1: That Title 18, Chapter 18.30 of the Carlsbad Municipal Code is
amended to add Section 18.30.030 to read as follows:
18.30.030 Adopted. The California Energy Code, 2007 Edition, copyrighted by
the International Code Council is adopted by reference and shall be the Energy Code for13
the City of Carlsbad.
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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
QRRAINEM WOOD
PROOF OF PUBLICATION
(2010& 2011 C.C.P.)
This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident
of the County aforesaid: I am over the age of
eighteen years and not a party to or interested in
the above-entitled matter. I am the principal
clerk of the printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have
been adjudicated newspapers of general
circulation by the Superior Court of the County of
San Diego, State of California, for the City of
Oceanside and the City of Escondido, Court
Decree number 171349, for the County of San
Diego, that the notice of which the annexed is a
printed copy (set in type not smaller than
nonpariel), has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
Proof of Publication of
NOTICE OF PUBLIC HEARING
9 ADOPTION OF THE 2007 EDITIONS OF THE- CALIFORNIA FIRE CODE, THE CALIFORNIABUILDING CODE, THE CALIF6RNIA PLUMBINGCODE, THE CALIFORNIA ELECTRICAL CODE, THECALIFORNIA MECHANICAL CODE, AND THE CALI-FORNIA ENERGY CODE.
wansuau vniage urive. uansDad, California, at6:00 p.m. on Tuesday, January 8, 2008. to consider theadoption by reference of the 2007 Editions of the Cali-fornia Fire Code, the California Building, Code, CaliforniaPlumbing Code, California Electricar Code, CaliforniaMechanical Code, and the California Energy Code.
Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. Copies ofthe Codes and copies of the Ordinance are on file in theCity Clerk's Office, 1200 Carlsbad Village Drive, Carls-bad, California, and are open to public inspection.
... ., /uv ,,,uj vw IGVJ lu idiainy uiiiy uiuse ISSLraised by you or someone else at the public hearing oe-scribed in this notice or in written correspondence deliv-ered to the City of Carlsbad, Attn: City Clerk's Office,1200 Carlsbad Village Drive, Carlsbad, CA 92008, at orprior to the public hearing.
APPLICANT: CITY OF CARLSBADCITY COUNCIL
PUBLISH: 12/29/2007 & 01/02/2008 NCT 2116077
December 29th, 2007
&
January 02nd, 2008
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS California
This 02nd, day of January 2008
Jane Allshouse /
NORTH COUNTY TIMES
Legal Advertising
All Receive
For the Information of the:
CITY COUNCIL
Asst CM_CACC
Datej|l_City
December 7, 2007
TO: INTERIM CITY MANAGER
FROM: Fire Marshal
Building and Code Enforcement Manager
IJAN -8
CITY OF CARLSBAD
CITY CLERK'S OFFICE
CHANGES IN THE BUILDING AND FIRE CODE AMENDMENTS
Executive Summary:
We are in the process of adopting the new additions of the California Building, Fire,
Plumbing, Electrical, Mechanical, and Energy Codes. These combined codes make up
Title 24 of the California Code of Regulations also known as the California Building
Standards. Once the State publishes new building standards they automatically become
the building standards of every community in the State unless that community adopts
more restrictive amendments to them which must be based on specific findings.
This code cycle, the state adopted model building and fire codes published by the
International Code Council (ICC). These codes are significantly different than the codes
previously used in California and particularly in the case of the fire code required
additional amendments on our part to strengthen the code requirements to meet the level
of fire and life safety that we have become dependent on in the City of Carlsbad.
Code Modifications:
The significant amendments to each code have been summarized below:
Fire Code
In order to insure as uniform fire code requirements as possible for the developers in San
Diego the Fire Marshals of the county have been meeting since last March working on
code coordination. The majority of proposed modifications being adopted across the
county are made to fill the gaps in the new fire code.
One of the other primary areas of coordination involved establishing a more reasonable
limitation on the size of buildings that can be built without requiring fire sprinkler
systems. Although a number of methods were used across the county to establish this
limit, we found that Carlsbad was the least restrictive jurisdiction with a 10,000 square-
foot threshold. The most significant change in the code is a reduction of this threshold to
5,000 square-feet. This modification still leaves Carlsbad as one of the least restrictive
communities in the county.
The final group of amendments to the fire code are issues that had been required for a
number of years as requirements in city or department development policies. These
issues like the address marking requirements on buildings and maximum roadway grades
allowed prior to any requirement for mitigating measures are traditionally included in fire
code amendments. This is done for the convenience of the development community so
that they can quickly identify city requirements.
Building Codes
The Ordinance changes references from the "Uniform" Codes to "International" Codes;
As part of an effort by the Federal government to standardize building requirements
throughout the nation, the fed's encouraged model code writing organizations to
consolidate and blend the regional codes into a single document. Organizations
included; SBCCI (South), BOCA (Midwest), ICBO (West) were consolidated into the
(ICC) International Code Council.
The new codes are significantly different than previously accepted codes in California
and hence already amended heavily by the Building Standards Commission. The
amended code is referred to as the California Building Code and the city is required to
adopt this version. There has been a great deal of debate by code officials during the 3
plus years of hearings as to whether the provisions added from the other regional codes
are as "good" as the building code (UBC) that has used in California for many years.
Politics, turf wars and fear of the unfamiliar has lead to very robust code hearings. There
will be a transition period for both code officials and architects and designers until all
involved achieve a comfort level using the new codes.
Significant Changes include:
"Work exempt from permit" provisions;
• Language added to clarify although walkway, flatwork, etc., is exempt disabled
accessibility must still be maintained.
• 300 s.f. or less detached patio covers are no longer exempt from permit.
The existing exemption in the code conflicted with zoning setback requirements and lead
to homeowner confusion and code enforcement problems.
"High rise building definition changed from 75' to 55'.
• Consistent with previous definition of a high rise building in Carlsbad recognizing
limited Fire department access and requiring increased fire resistive construction
for occupant safety. When exiting is from floors located far above grade level, a
higher fire resistant constructed building with enhanced exiting components will
burn more slowly and allow occupants more time to exit and give the fire service
more time to extinguish any fire.
Electrical Code
Special provisions adopted many years ago and only enforced locally have been deleted.
The latest edition of the model Electrical code is technically advanced, used and
recognized nationally and written by a team of extremely qualified individuals in the
field. The document is complete as written by the National Fire Protection Association
and modifications are not warranted. Findings can not be made that demonstrate that
there are conditions relating to installations of electrical systems unique to Carlsbad and
therefore require modification of the code.
Plumbing and Mechanical Codes
These codes have been used in California for over 25 years and are adopted as amended
by the State of California. These are not "I" codes. The State made an arrangement with
IAPMO, the code writing organization, to continue using these documents. This may
change in years to come depending on politics at the State level.
California Energy Code
This code relates to Energy Conservation in the construction of new buildings, is
mandated by the State and has very restrictive provisions relating to energy efficiency in
the exterior shell, lighting systems and heating and ventilation systems. These provisions
far exceed those required in the rest of the U.S. As the interest in green building
technology increases, this code is expected to change dramatically in the upcoming years.
Energy efficiency standards have been located in parts of Title 24 of California Code of
Regulations for many years and this code should have been adopted locally to technically
enforce the energy regulations.
JAMES M. WEIGAND
WILL FOSS
JMW:WF:jmw
2007 California 2007 California Building and Fire Building and Fire CodesCodes
Adopt the latest editions of the Adopt the latest editions of the California Building & Fire CodesCalifornia Building & Fire Codes•California Building Standards Commission adopted the 2006 Editions these Codes:•2006 International Building Code•2006 International Fire Code•2006 Uniform Plumbing Code•2006 Uniform Mechanical Code•2006 National Electrical Code•2006 International Energy Code
2007 Code Adoption Summary2007 Code Adoption Summary•Model Codes are amended and adopted by the California Building Standards Commission. As amended are referred to as the California Building Codes and are effective 180 days after publication throughout California. January 1, 2008.•Local amendments must be based on findings of specific local climactic, geological or topographical conditions.
California Building CodeCalifornia Building CodeCalifornia Code of RegulationsCalifornia Code of RegulationsTitle 24, Part 2, Volumes 1 and 2Title 24, Part 2, Volumes 1 and 2•2006 International Building Code as published by the International Code Council as amended and copyrighted by the California Building Standards Commission and the International Code Council
The International Code CouncilThe International Code Council•The International Code Council was established in 1994 as a nonprofit organization tasked with developing a single set of model construction codes applicable throughout the country.
The ICC was founded by The ICC was founded by consolidating three existing consolidating three existing regional model code writing regional model code writing organizationsorganizations9International Conference of Building Officials (ICBO) in the Western Region.9Southern Building Code Congress International (SBCCI) in the Southern Region9Building Officials and Code Administrators International (BOCA) in the Midwestern Region.
The new I-Codes are a blend of the code requirements found in the previously published regional codes. Developing a single set of building codes will now allow architects, engineers, designers, contractors and code officials to work with a consistent set of codes throughout the United States.
California Fire CodeCalifornia Fire CodeCalifornia Code of Regulations California Code of Regulations Title 24, Part 9Title 24, Part 9•2006 edition of the International Fire Code as published by the International Code Council as amended and copyrighted by the California Building Standards Commission and International Code Council
Fire Code CoordinationFire Code Coordination•The proposed amendments to the fire code are the result of months of work by the Fire Marshals of San Diego County•The amendments provide common ground so that developers will (where possible) have the similar requirements placed upon them in all jurisdictions
Electrical, Mechanical, Plumbing, Electrical, Mechanical, Plumbing, and Energy Codesand Energy CodesCalifornia Code of RegulationsCalifornia Code of RegulationsTitle 24,Parts 3,4,5,6Title 24,Parts 3,4,5,6•2005 National Electrical Code•2006 Uniform Mechanical Code•2006 Uniform Plumbing Code•2007 California Energy Code
Publishers of the Other CodesPublishers of the Other Codes•The National Electric Code is published by the National Fire Protection Association (NFPA)•The Uniform Plumbing and Mechanical Codes are published by the International Association of Plumbing and Mechanical Officials (IAPMO)
•Staff Recommendation: Approval of Ordinances adopting by reference the California Building and Fire Codes.•Questions?