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Home My WebLink About2017-06-27; City Council; ; Hold the public hearing to receive input prior to adopting the California Building Code, California Fire Code and related California Codes for construction@ Meeting Date: To: From: Staff Contact: Subject: CITY COUNCIL Staff Report June 27, 2017 Mayor and City Council ~ Kevin Crawford, City Manager Randy Metz, Fire Marshall/Mike Peterson, Building Official randy.metz@carlsbadca.gov or 760-602-4661 mike.peterson@carlsbadca.gov or 760-602-2721 CA Review p--1/{___ Hold the public hearing to receive input prior to adopting the California Building Code, California Fire Code and related California Codes for construction. Recommended Action Hold the public hearing, receive the staff presentation and adopt the ordinances amending the Carlsbad Municipal Code, Title 17, Chapter 17.04 (Fire Prevention Code); Title 18, Chapter 18.04 (Building Code); Chapter 18.08 (Mechanical Code); Chapter 18.12 (Electrical Code); Chapter 18.16 (Plumbing Code); Chapter 18.18 (Solar Energy Code); Chapter 18.20 (Residential Code); Chapter 18.21 (Green Building Standards Code); Chapter 18.30 (Energy Conservation Regulations). Executive Summary Every three years the State of California by order of the legislature publishes an updated version of construction regulations referred to as the California Building Standards Code. All new commercial and residential buildings must be built in compliance with these standards. The California Building Standards Commission is responsible for developing and publishing these revised standards in collaboration with other state agencies. Local city and county building departments have been delegated enforcement responsibility by California's legislature. The adoption of these codes as recommended will bring the city into compliance with the State requirements. Discussion On June 13th City Council introduced these ordinances and set the public hearing for the June 27th City Council Meeting. Staff is proposing to adopt the 2016 California Fire Code (as amended), the 2016 California Building Code (as amended), the 2016 California Mechanical Code, the 2016 California Electrical Code, the 2016 California Plumbing Code, the 2015 Uniform Solar Code, the 2016 California Residential Code, the 2016 California Green Building Standards Code, and the 2016 California Energy Code into the Carlsbad Municipal Code. These codes were adopted by the California Building Standards Commission and are enforced statewide effective January 1, 2017. Local jurisdictions are required to enforce these regulations as the minimum standards for construction throughout the State. Amendments to the California construction codes maybe necessary due to a city's unique local climatic, geological, or topographical conditions or Page 141 infrastructure limitations. Staff is proposing some amendments with this adoption. These local amendments include carryover code provisions adopted in previous years by City Council and new amendments deemed necessary due to local conditions and to provide uniformity between the Municipal, Green and Residential codes. A summary of the 2016 Building and Fire Code adoption is attached as Exhibits. Fiscal Analysis No fee modifications are proposed by these ordinances. Building and other permit fees were reviewed as part of the fiscal year 2017-2018 operating budget which was adopted by City Council June 13th. Environmental Evaluation (CEQA} The City Planner has determined that these activities are categorically exempt from CEQA review pursuant to Section 15309 of the CEQA guidelines. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. Ordinance amending the Carlsbad Municipal Code, Title 17 (Fire Prevention) 2. Ordinance amending the Carlsbad Municipal Code, Title 18 (Building) 3. Proposed additions/deletions to the Carlsbad Municipal Code, Title 17 (Fire Prevention) 4. Proposed additions/deletions to the Carlsbad Municipal Code, Title 18 (Building) 5. Summary of 2016 California Building and Fire Code Adoption Page 142 ORDINANCE NO. CS-318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING EXISTING CHAPTER 17.04 OF THE CARLSBAD MUNICIPAL CODE, AND ADOPTING A NEW CHAPTER 17.04, FIRE PREVENTION CODE BASED ON THE 2016 CALIFORNIA FIRE CODE. EXHIBIT 1 WHEREAS, Health & Safety Code section 17958 mandates that the City Council ofthe City of Carlsbad adopt ordinances or regulations imposing the same requirements as are contained in the regulations adopted by the State pursuant to Health & Safety Code Section 17922; and WHEREAS, the State of California is mandated by Health & Safety Code Section 17922 to impose the same requirements as are contained in the 2016 California Fire Code; and WHEREAS, the State of California has adopted and published California Code of Regulations Title 24, Part 9 as the California Fire Code, effective January 1, 2017; and WHEREAS, on January 1, 2017, all existing fire code adoptions and amendments of local agencies automatically reverted to the new state code unless new local adoptions and local amendments are made; and WHEREAS, the State of California is mandated by Health & Safety Code Section 17922 to impose the same requirements as are contained in the 2016 California Fire Code, and together with the Carlsbad Fire Department local amendments, these shall be the Carlsbad Fire Department Fire Code; and WHEREAS, code amendments adopted by the State of California shall take precedence over the 2016 California Fire Code language. The 2016 California Fire Code language shall be used for those code sections not adopted by the State; and Page 143 WHEREAS, local amendments adopted by the City Council of the City of Carlsbad shall take precedence over the 2016 California Fire Code; and WHEREAS, Health & Safety Code Section 17958.5 permits the City Council of the City of Carlsbad to make local amendments to the Code as are reasonably necessary because of local conditions; and WHEREAS, Health & Safety Code Section 17958.7 requires that the City Council of the City of Carlsbad before making any local amendments pursuant to Section 17958.7 make express finding that such local amendments are needed due to climatic, geographic, or topographic conditions; and WHEREAS, the City Council of the City of Carlsbad, California does herewith find that the City of Carlsbad has certain climatic, geologic, and topographical features that can have a deleterious effect on emergency services such as fire protection and emergency medical services; and WHEREAS, the City Council of the City of Carlsbad finds that the local amendments to the 2016 California Fire Code are reasonably necessary because of the local climatic, geological, and topographical conditions; and WHEREAS, this finding recognizes regional geologic conditions and the likelihood of numerous structure fires following a greater magnitude seismic event. It also considered the limited ability of local emergency services to provide fire protection due to extraordinary service demands following such events; and Page 144 WHEREAS, further basis for the finding is concern for local topographic conditions and irregular elevations along primary travel routes throughout the City of Carlsbad. These conditions impede the rapid deployment and effectiveness of emergency resources; and WHEREAS, climatic and topographical conditions within the City of Carlsbad can create an extreme fire danger and certain amendments to the 2016 California Fire Code serve to mitigate to the extent possible said deleterious effects and modification to the California Fire Code is necessary for community health and safety; and WHEREAS, Section 50022.1 through 50022.10, inclusive, of the Government Code and Section 13869 of the Health and Safety Code, provide authority for the adoption by reference of codes, or portion of such codes; and WHEREAS, the City Council of the City of Carlsbad hereby declares that should any section, paragraph, sentence or word of this Ordinance of the 2016 California Fire Code 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 of any such portion as may be declared invalid; and THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That existing Chapter 17.04 of the Carlsbad Municipal Code is repealed in its entirety. SECTION 2: That new Chapter 17.04 of the Carlsbad Municipal Code is adopted to read as follows: Page 145 Sections: 17.04.010 17.04.020 17.04.030 17.04.040 17.04.050 17.04.060 17.04.070 17.04.080 17.04.090 17.04.100 17.04.110 17.04.120 17.04.130 17.04.140 17.04.150 17.04.160 17.04.170 17.04.180 17.04.190 17.04.200 17.04.210 17.04.220 Chapter 17.04 FIRE PREVENTION CODE Adoption California Fire Code Chapter 1-Scope and Administration -Adopted and Amended California Fire Code Chapter 2 -Definitions -Adopted and Amended California Fire Code Chapter 3 -General Requirements -Adopted and Amended California Fire Code Chapter 4 -Emergency Planning and Preparedness - Adopted in part California Fire Code Chapter 5 -Fire Service Features -Adopted and Amended California Fire Code Chapter 6 -Building Services and Systems -Adopted California Fire Code Chapter 7 -Fire and Smoke Protection Features - Adopted California Fire Code Chapter 8 -Interior Finish, Decorative Materials and Furnishings -Adopted California Fire Code Chapter 9 -Fire Protection Systems -Adopted and Amended California Fire Code Chapter 10 -Means of Egress -Adopted California Fire Code Chapter 11 -Construction Requirements for Existing Buildings -Adopted in part California Fire Code Chapter 20 -Aviation Facilities -Adopted California Fire Code Chapter 21 -Dry Cleaning -Adopted California Fire Code Chapter 22 -Combustible Dust -Producing Operations -Adopted California Fire Code Chapter 23 -Motor Fuel-Dispensing Facilities and Repair Garages-Adopted California Fire Code Chapter 24 -Flammable Finishes-Adopted California Fire Code Chapter 25 -Fruit and Crop Ripening -Adopted California Fire Code Chapter 26 -Fumigation and Insecticidal Fogging - Adopted California Fire Code Chapter 27 -Semiconductor Fabrication Facilities - Adopted California Fire Code Chapter 28 -Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities -Adopted California Fire Code Chapter 29 -Manufacture of Organic Coatings - Adopted Page 146 17.04.230 17.04.240 17.04.250 17.04.260 17.04.270 17.04.280 17.04.290 17.04.300 17.04.310 17.04.320 17.04.330 17.04.340 17.04.350 17.04.360 17.04.370 17.04.380 17.04.390 17.04.400 17.04.410 17.04.420 17.04.430 17.04.440 17.04.450 17.04.460 17.04.470 17.04.480 17.04.490 17.04.500 California Fire Code Chapter 30 -Industrial Ovens -Adopted California Fire Code Chapter 31 -Tents, and Other Membrane Structures -Adopted California Fire Code Chapter 32 -High-Piled Combustible Storage - Adopted California Fire Code Chapter 32 -Fire Safety During Construction and Demolition -Adopted California Fire Code Chapter 34 -Tire Rebuilding & Tire Storage - Adopted California Fire Code Chapter 35 -Welding and Other Hot Work - Adopted California Fire Code Chapter 36 -Marinas -Adopted California Fire Code Chapter 37 -Combustible Fibers -Adopted California Fire Code Chapter 50 -Hazardous Materials -General Provisions California Fire Code Chapter 51 -Aerosols -Adopted California Fire Code Chapter 53 -Compressed Gases -Adopted California Fire Code Chapter 54 -Corrosive Materials -Adopted California Fire Code Chapter 55 -Cryogenic Fluids -Adopted California Fire Code Chapter 56 -Explosives and Fireworks -Adopted and Amended California Fire Code Chapter 57 -Flammable and Combustible Liquids - Adopted California Fire Code Chapter 58 -Flammable Gases and Flammable Cryogenic Fluids -Adopted California Fire Code Chapter 59 -Flammable Solids -Adopted California Fire Code Chapter 60 -Highly Toxic and Toxic Materials - Adopted California Fire Code Chapter 61 -Liquefied Petroleum Gases -Adopted California Fire Code Chapter 62 -Organic Peroxides -Adopted California Fire Code Chapter 63 -Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids -Adopted California Fire Code Chapter 64 -Pyrophoric Materials -Adopted California Fire Code Chapter 65 -Pyroxylin (Cellulose Nitrate) Plastics - Adopted California Fire Code Chapter 66 -Unstable (Reactive) Materials - Adopted California Fire Code Chapter 67 -Water-Reactive Solids and Liquids - Adopted California Fire Code Chapter 80 -Referenced Standards -Adopted California Fire Code Appendices -Adopted in Part and Amended Severability Page 147 17.04.010 Adoption The City of Carlsbad adopts by reference the 2016 Edition of the California Fire Code, including Appendices Chapter 4, B, BB, C, CC, D, E, F, G, and H, and the California Standards, with the amendments contained in the following sections of Chapter 17.04. Two copies of the California Fire Code are on file with the fire marshal!. As adopted and amended herein, the 2016 California Fire Code (hereinafter "California Fire Code") becomes the Fire Code of the City of Carlsbad. The City of Carlsbad further amends the provisions of the California Fire Code to include the requirements of the California Fire Code for those occupancies not subject to the 2016 California Fire Code. 17.04.020 California Fire Code Chapter 1-Scope and Adm.inistration -Adopted and Amended California Fire Code, Chapter 1, Scope and Administration, is adopted in its entirety with the following amendments: A Chapter 1, Division II, Part 2, Section 109.4, Violation penalties, is amended to read as follows: Any person who violates any ofthe provisions of this code or standards; or fails to comply with any provision ofthis code; or violates or fails to comply with any order made pursuant to this code; or who builds in violation of any detailed statement or specification or plans submitted and approved pursuant to this code, or any certificate or permit issued pursuant to this code, and from which no timely appeal has been taken; or who fails to comply with an order as affirmed or modified by the City Attorney of the City of Carlsbad or by a court of competent jurisdiction within 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 months, or both. The imposition of one penalty for 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 ofthe above penalty shall not be held to prevent the enforced removal of prohibited conditions. B. Chapter 1, Division 11, Part 2, Section 111.4, Failure to Comply; is amended to read as follows: Any person, who continues any work having.been served with a stop work order, except such work as that person is directed to perform to remove a violation or Page 148 unsafe condition, shall be subject to a fine of not less than $250.00 dollars or more than $1,000.00 dollars. C. Chapter 1, Division II, Part 2, is amended to add Section 113.6, Cost Recovery, to read as follows: The city shall be entitled to recover the cost of emergency services as described in subsections 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 the 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 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 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, the interest of public safety, the fire chief, pursuant to Section 3104.20 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. Page 149 17.04.030 California Fire Code Chapter 2 -Definitions -Adopted and Amended California Fire Code, Chapter 2, Definitions, is adopted in its entirety with the following amendments: Chapter 2, Section 202, General Definitions is amended to add the following definitions: FIRE HAZARD. 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. VEGETATION. Weeds, grass, vines or other organic (cellulose) growth that is capable of being ignited and endangering property. 17.04.040 California Fire Code Chapter 3 -General Requirements -Adopted and Amended California Fire Code, Chapter 3, General Requirements, is adopted in its entirety with the following amendment: Chapter 3, Section 304.1.2, Vegetation, is amended to read as follows: Vegetation shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in urban-wildland interface areas shall be in accordance with City of Carlsbad standards. 17.04.050 California Fire Code Chapter 4 -Emergency Planning and Preparedness - Adopted in part California Fire Code, Chapter 4, Emergency Planning and Preparedness, is amended to adopt only the Sections listed below: A. 401 only the subsections listed below: 1. 401.3.4 2. 401.9 B. 402 C. 403.2 Page 150 D. 404.5-404.6.6 E. 407 17.04.060 California Fire Code Chapter 5 -Fire Service Features -Adopted and Amended California Fire Code, Chapter 5, Fire Service Features, is opted in its entirety with the following amendments: A. Chapter 5, Section 503.1.2 Additional access, is amended to add Section 503.1.2.1 Residential developments, to read as follows: Projects having more than 40 dwelling units shall be provided with two separate and approved points of fire department access. B. Chapter 5 Section 503.2.1 Dimensions, is amended to read as follows: Fire apparatus access roads shall have an unobstructed width of not less than 24 feet {7315 mm) exclusive of shoulders, except for approved security gates in accordance with section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115mm). C. Chapter 5, Section 503.2.1 Dimensions is amended to add Section 503.2.1.1 Minimum street width in fire hazard zones, to read as follows: Public and private streets shall have a minimum unobstructed width of 28 foot clear travel way where adjacent lots are located within designated Fire Hazard Zones/Fire Suppression Zone within the property line. D. Chapter 5, Section 503.2.1 is amended to add Section 503.2.1.2 Measurement of street width to read 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. E. Chapter 5, Section 505.1 Street numbers is amended to read as follows: Approved numbers and/or addresses shall be placed on the street-side of 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: Page 151 • Single family residences: 4" high with a 3/8" stroke • Unit identification of multi-family residential buildings: 6" high with a Yi" stroke • Commercial, industrial and multi-family residential buildings: minimum 12" high with a 1.5"stroke Additional numbers shall be required where deemed necessary by the Fire Code Official, such as rear access doors, building corners, secondary access roadways and entrances to commercial centers. The Fire Code Official may establish different minimum sizes for numbers for various categories of projects. F. Chapter 5, Section 505 Premises identification is amended to add Section 505.3 Easement address signs to read 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 four inches in height with a minimum stroke of 3/8", and shall contrast with the background. G. Chapter 5, Section 505 Premises identification is amended to add Section 505.4 Map/directory to read 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 home parks, where the number of units in such project exceeds 15. H. Chapter 5, Seeton 505 Premises identification is amended to add Section 505.5 Response may updates to read 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 may be charged a reasonable fee for updating the City emergency response maps. 17.04.070 California Fire Code Chapter 6 -Building Services and Systems -Adopted California Fire Code, Chapter 6, Building Services and Systems, is adopted in its entirety without amendments. Page 152 17.04.080 California Fire Code Chapter 7 -Fire and Smoke Protection Features - Adopted California Fire Code, Chapter 7, Fire and Smoke Protection Features, is adopted in its entirety without amendments. 17.04.090 California Fire Code Chapter 8 -Interior Finish, Decorative Materials and Furnishings -Adopted California Fire Code, Chapter 8, Interior Finish, Decorative Materials and Furnishings, is adopted in its entirety without amendments. 17.04.100 California Fire Code Chapter 9 -Fire Protection Systems -Adopted and Amended California Fire Code, Chapter 9, Fire Protection Systems, is adopted in its entirety with the following amendments: Chapter 9, Section 903.2 Where required, is amended to read as follows: An approved automatic fire sprinkler system shall be provided in all new non- residential buildings constructed in which the aggregate floor area exceeds five thousand {5,000) square feet (464m2), regardless of occupancy classification and locations described in sections 903.2.1 through 903.2.12. Mezzanines shall be included in the total square footage calculation. 17.04.110 California Fire Code Chapter 10 -Means of Egress -Adopted California Fire Code, Chapter 10, Means of Egress, is adopted in its entirety without amendments. 17.04.120 California Fire Code Chapter 11 -Construction Requirements for Existing Buildings -Adopted in part California Fire Code, Chapter 11, Construction Requirements for Existing Buildings, is amended to adopt only those Sections and Subsections listed below: A. 1103.7 only the subsections listed below: 1. 1103.7.3 2. 1103.7.3.1 3. 1103.7.8-1103.7.8.2 Page 153 4. 1103.7.9-1103.7.9.10 B. 1103.8 -1103.8.5.3 C. 1107 D. 1113 E. 1114 F. 1115 G. 1116 17.04.130 California Fire Code Chapter 20 -Aviation Facilities -Adopted California Fire Code, Chapter 20, Aviation Facilities, is adopted in its entirety without amendments 17.04.140 California Fire Code Chapter 21 -Dry Cleaning -Adopted California Fire Code, Chapter 21, Dry Cleaning, is adopted in its entirety without amendments. 17.04.150 California Fire Code Chapter 22 -Combustible Dust -Producing Operations -Adopted California Fire Code, Chapter 22, Combustible Dust-Producing Operations, is adopted in its entirety without amendments. 17.04.160 California Fire Code Chapter 23 -Motor Fuel-Dispensing Facilities and Repair Garages-Adopted California Fire Code, Chapter 23, Motor Fuel-Dispensing Facilities and Repair Garages, is adopted in its entirety without amendments. 17.04.170 California Fire Code Chapter 24 -Flammable Finishes-Adopted California Fire Code, Chapter 24, Flammable Finishes, is adopted in its entirety without amendments. 17.04.180 California Fire Code Chapter 25 -Fruit and Crop Ripening -Adopted California Fire Code, Chapter 25, Fruit and Crop Ripening, is adopted in its entirety without amendments. Page 154 17.04.190 California Fire Code Chapter 26 -Fumigation and Insecticidal Fogging - Adopted California Fire Code, Chapter 26, Fumigation and Insecticidal Fogging, is adopted in its entirety without amendments. 17.04.200 California Fire Code Chapter 27 -Semiconductor Fabrication Facilities - Adopted California Fire Code, Chapter 27, Semiconductor Fabrication Facilities, is adopted in its entirety without amendments 17.04.210 California Fire Code Chapter 28 -Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities -Adopted California Fire Code, Chapter 28, Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities, is adopted in its entirety without amendments: 17.04.220 California Fire Code Chapter 29 -Manufacture of Organic Coatings - Adopted California Fire Code, Chapter 29, Manufacture of Organic Coatings, is adopted in its entirety without amendments. 17.04.230 California Fire Code Chapter 30 -Industrial Ovens -Adopted California Fire Code, Chapter 30, Industrial Ovens, is adopted in its entirety without amendments. 17.04.240 California Fire Code Chapter 31 -Tents, and Other Membrane Structures -Adopted California Fire Code, Chapter 31, Tents and Other Membrane Structures, is adopted in its entirety without amendments. 17.04.250 California Fire Code Chapter 32 -High-Piled Combustible Storage - Adopted California Fire Code, Chapter 32, High-Piled Combustible Storage, is adopted in its entirety without amendments. 17.04.260 California Fire Code Chapter 32 -Fire Safety During Construction and Demolition -Adopted Page 155 California Fire Code, Chapter 33, Fire Safety During Construction and Demolition, is adopted in its entirety without amendments. 17.04.270 Adopted California Fire Code Chapter 34 -Tire Rebuilding & Tire Storage - California Fire Code, Chapter 34, Tire Rebuilding & Tire Storage, is adopted in its entirety without amendments. 17.04.280 Adopted California Fire Code Chapter 35 -Welding and Other Hot Work - California Fire Code, Chapter 35, Welding and Other Hot Work, is adopted in its entirety without amendments. 17.04.290 California Fire Code, Chapter 36 -Marinas -Adopted California Fire Code, Chapter 36, Marinas, is adopted in its entirety without amendments. 17.04.300 California Fire Code, Chapter 37 -Combustible Fibers -Adopted California Fire Code, Chapter 37, Combustible Fibers, is adopted in its entirety without amendments. 17.04.310 Provisions California Fire Code Chapter 50 -Hazardous Materials -General California Fire Code, Chapter 50, Hazardous Materials -General Provisions, is adopted in it's entirely without amendments. 17.04.320 California Fire Code Chapter 51-Aerosols -Adopted California Fire Code, Chapter 51, Aerosols, is adopted in its entirety without amendments. 17.04.330 California Fire Code Chapter 53 -Compressed Gases-Adopted California Fire Code, Chapter 53, Compressed Gases, is adopted in its entirety without amendments. 17.04.340 California Fire Code Chapter 54 -Corrosive Materials -Adopted California Fire Code, Chapter 54, Corrosive Materials, is adopted in its entirety without amendments. Page 156 17.04.350 California Fire Code Chapter 55 -Cryogenic Fluids -Adopted California Fire Code, Chapter 55, Cryogenic Fluids, is adopted in its entirety without amendments. 17.04.360 California Fire Code Chapter 56 -Explosives and Fireworks -Adopted and Amended California Fire Code, Chapter 56, Explosives and Fireworks, is adopted in its entirety with the following amendments: A. Chapter 56, Section 5601.1.3 is amended to add Section 5601.1.3.1 Retail Fireworks, to read as follows: The storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G is prohibited unless they are being used as part of a public display when permitted and conducted by a licensed pyrotechnic operator. B. Chapter 56, Section 5601.1.3 is amended to add Section 5601.1.3.2 Seizure of Fireworks, to read as follows: The fire chief shall have the authority to seize, take, or remove all fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19 California Code of Regulations, Chapter 6. 17.04.370 California Fire Code Chapter 57 -Flammable and Combustible Liquids - Adopted California Fire Code, Chapter 57, Flammable and Combustible Liquids, is adopted in its entirety without amendments. 17.04.380 California Fire Code Chapter 58 -Flammable Gases and Flammable Cryogenic Fluids -Adopted California Fire Code, Chapter 58, Flammable Gases and Flammable Cryogenic Fluids, is adopted in its entirety without amendments. 17.04.390 California Fire Code Chapter 59 -Flammable Solids -Adopted California Fire Code, Chapter 59, Flammable Solids, is adopted in its entirety without amendments. 17.04.400 California Fire Code Chapter 60 -Highly Toxic and Toxic Materials - Adopted Page 157 California Fire Code, Chapter 60, Highly Toxic and Toxic Materials, is adopted in its entirety without amendments. 17.04.410 California Fire Code Chapter 61 -Liquefied Petroleum Gases -Adopted California Fire Code, Chapter 61, Liquefied Petroleum Gases, is adopted in its entirety without amendments. 17.04.420 California Fire Code Chapter 62 -Organic Peroxides -Adopted California Fire Code, Chapter 62 Organic Peroxides, is adopted in its entirety without amendments. 17.04.430 California Fire Code Chapter 63 -Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids -Adopted California Fire Code, Chapter 63, Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids, is adopted in its entirety without amendments. 17.04.440 California Fire Code Chapter 64 -Pyrophoric Materials -Adopted California Fire Code, Chapter 64, Pyrophoric Materials, is adopted in its entirety without amendments. 17.04.450 California Fire Code Chapter 65 -Pyroxylin (Cellulose Nitrate) Plastics - Adopted California Fire Code, Chapter 65, Pyroxylin (Cellulose Nitrate) Plastics, is adopted in its entirety without amendments. 17.04.460 Adopted California Fire Code Chapter 66 -Unstable (Reactive) Materials - California Fire Code, Chapter 66, Unstable (Reactive) Materials, is adopted in its entirety without amendments. 17.04.470 California Fire Code Chapter 67 -Water-Reactive Solids and Liquids - Adopted California Fire Code, Chapter 67, Water-Reactive Solids and Liquids, is adopted in its entirety without amendments. 17.04.480 California Fire Code Chapter 80 -Referenced Standards -Adopted Page 158 California Fire Code, Chapter 80, Referenced Standards, is adopted in its entirety without amendments. 17.04.490 California Fire Code Appendices -Adopted in Part and Amended The Appendices to the California Fire Code are adopted as follows: A. Appendix 4 is adopted in its entirety without amendments. B. Appendix B is adopted in its entirety with the following amendments: Table BlOS.2 is amended to read as follows: TABLE BlOS.2 REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE-AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES AUTOMATIC SPRINKER MINIMUM FIRE-FLOW FLOW DURATION SYSTEM (gallons per minute) (hours) (Design Standard) No automatic sprinkler Value in Table BlOS.1(2) Duration in Table system BlOS.1(2) Section 903.3.1.1 of the 50% of the value in Duration in Table California Fire Code Table B105.1(2)a ,BlOS.1(2) at the reduced flow rate Section 903.3.1.2 of the 50% of the value in Duration in Table California Fire Code Table B105.1(2)b BlOS.1(2) at the reduced flow rate For SI: 1 gallon per minute= 3.785 L/m a. The reduced fire-flow shall be not less than 1,000 gallons per minute b. The reduced fire-flow shall be not less than 1,500 gallons per minute C. Appendix BB is adopted in its entirety without amendments. D. Appendix C is adopted in its entirety without amendments. E. Appendix CC is adopted in its entirety without amendments. F. Appendix Dis adopted in its entirety with the following amendments: Page 159 Appendix D, Section D106; Subsection D106.1 Multiple-family residential developments is amended to read as follows: Projects having more than 50 dwelling units. Multiple-family residential projects having more than 50 dwelling units shall be provided with two separate and approved fire apparatus access roads. Appendix D, Section D106; is amended to delete section D106.2. G. Appendix E is adopted in its entirety without amendments. H. Appendix F is adopted in its entirety without amendments. I. Appendix G is adopted in its entirety without amendments. J. Appendix H is adopted in its entirety without amendments. 17.05.500 Severability The City Council of the City of Carlsbad hereby declares that should any section, paragraph, sentence or word ofthis 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 be declared invalid. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. II II II II II II II Page 160 ORDINANCE NO. CS-319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE, TITLE 18, CHAPTER 18.04 (BUILDING CODE}; CHAPTER 18.08 (MECHANICAL CODE}; CHAPTER 18.12 (ELECTRICAL CODE}; CHAPTER 18.16 (PLUMBING CODE}; CHAPTER 18.18 (SOLAR ENERGY CODE); CHAPTER 18.20 (RESIDENTIAL CODE}; CHAPTER 18.21 (GREEN BUILDING STANDARDS CODE}; AND CHAPTER 18.30 (ENERGY CONSERVATION REGULATIONS}. EXHIBIT 2 WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2016 Edition of the California Building Code is in the best interest of the public and promotes the health, safety and welfare of its citizens; and WHEREAS, the City of Carlsbad has many large brush-covered hillsides where accessibility for firefighting equipment and fire prevention measures is limited or impossible. Carlsbad has many open space easements deeded in perpetuity and areas of protected natural habitats immediately adjacent to developed areas of the City. Carlsbad has steep natural canyon terrain, and is subject to hot, dry, high-speed Santa Ana winds on an annual basis. This combination of climatic and topographic conditions creates extreme fire danger; and WHEREAS, that climatic and topographical conditions can exist within the city that create an extreme fire danger and modification to the California Building Code is necessary for community health and safety; and WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2016 Edition of the California Mechanical Code is in the best interest of the public and promotes the health, safety and welfare of its citizens; and WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2016 Edition of the California Electrical Code is in the best interest of the public and promotes the health, safety and welfare of its citizens; and WHEREAS, the City Council ofthe City of Carlsbad finds that adoption of the 2016 Edition of the California Plumbing Code is in the best interest of the public and promotes the health, safety and welfare of its citizens; and WHEREAS, the City Council of the City of Carlsbad finds that adoption ofthe 2015 Edition of the Uniform Solar Energy Code is in the best interest of the public and promotes the health, Page 162 safety and welfare of its citizens; and WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2016 Edition of the California Residential Code is in the best interest of the public and promotes the health, safety and welfare of its citizens; and WHEREAS, the City Council of the City of Carlsbad finds that adoption ofthe 2016 Edition of the California Green Building Standards Code is in the best interest of the public and promotes the health, safety and welfare of its citizens; and WHEREAS, the City Council of the City of Carlsbad finds that adoption ofthe 2016 Edition of the California Energy Code is in the best interest of the public and promotes the health, safety and welfare of its citizens; and THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Chapter 18.04 of the Carlsbad Municipal Code is amended to read as follows: Sections: 18.04.010 18.04.015 18.04.020 18.04.025 18.04.030 18.04.035 18.04.040 18.04.230 18.04.310 18.04.315 18.04.330 Adoption. Chapter 18.04 BUILDING CODE Sections 105.1 and 105.2 amended -Permits required. Section 105.3.1 amended -Building permit issuance. Building official designated. Section 105.5 amended -Expiration. Section 105.3.2 amended -Expiration of plan review. Section 109 amended -Permit fees. Section 1501 amended -Scope. Violations. Certificate of noncompliance. Street name signs. 18.04.010 Adoption. The 2016 Edition of the California Building Code, Volumes 1 and 2 hereinafter referred to as "the code," copyrighted by the California Building Standards Commission, two copies of which are on file with the building official at the Faraday Center for public record and inspection, are hereby adopted by reference as the building code of the City of Carlsbad for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings or structures in the City of Carlsbad, except for changes, additions, deletions and amendments in Page 163 this chapter, which shall supersede the provisions of said code. 18.04.015 Sections 105.1 and 105.2 amended-Permits required. Sections 105.1 and 105.2 of the California Building Code are amended to read as follows: 105.1 Required. Any owners or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. 105.1.1 Annual permit. In lieu of an individual permit for reach alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradepersons in the building, structure or on the premises owned or operated by the applicant for the permit. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 square meters). 2. Fences not over six feet (1829 mm) high. 3. Retaining walls that are not over four feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or IIIA liquids. 4. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2:1. 3 Page 164 5. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 6. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work. 7. Temporary motion pictures, television and theater stage sets and scenery. 8. Prefabricated swimming pools accessory to a Group R-3 occupancy that are not greater than 5, 000 gallons (18,925 L) and are installed entirely above ground. 9. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 10. Swings and other playground equipment accessory to detached one-and two- family dwellings. 11. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 12. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. Page 165 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75kW) or less. Plumbing: 18.04.020 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. Section 105.3.1 amended-Building permit issuance. Section 105.3.1 of the California Building Code is amended to read as follows: The application, plans and specifications filed by an applicant for a permit shall be reviewed by the building official. Such plans may be reviewed by other divisions of the City to check compliance with the laws and ordinances under their jurisdiction. If the building official is satisfied that the work described in an application for permit and the plans filed therewith conform to the requirements of this code and other pertinent laws and ordinances and that all applicable fees have been paid, the building official shall issue a permit therefore to the applicant. In the case of a new building, all fees required for connection to public water systems and to sewer systems provided by entities other than the City must be paid or a bond posted before a permit is issued. When the building official issues a permit, the building official shall endorse in writing or stamp on both sets of plan and specifications, "Approved". Such approval plans and specifications shall not be changed, modified, or altered without authorization from the building official, and all work shall be done in accordance with the approved plans. The building official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of such permit 5 Page 166 shall proceed at their own risk without assurance that the permit for the entire building or structure will be granted. 18.04.025 Building official designated. The building official or authorized representative of the city is designated as the person who shall enforce all of the provisions of the California Building Code as amended. 18.04.030 Section 105.5 amended-Expiration. Section 105.5 of the California Building Code is amended to read as follows: Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 calendar days from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 180 calendar days, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the building official within 180 calendar days of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the building official within each 180 day period upon the initial commencement of work authorized by such permit. The building official is authorized to grant, in writing, one or more extensions of time, for periods not to exceed 180 days each. The extensions shall be granted in writing and justifiable cause demonstrated. Before such work can be recommenced, a new permit shall be obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, and provided that no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new permit fee. Any permittee holding an unexpired permit may apply for an extension of time within which work may commence under that permit when the permittee is unable to commence work within the time period required by this section for good and satisfactory reasons. The provisions of any sewer allocation system adopted pursuant to Chapter 18.05 ofthe Municipal Code shall supersede Section 106.4.4 of the California Building Code if the permit is issued pursuant to such system. 18.04.035 Section 105.3.2 amended-Expiration of plan review. Section 105.3.2 of the California Building Code is amended to read as follows: Page 167 Applications for which no permit is issued within one year following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. 18.04.040 Section 109 amended-Permit fees. Section 109 of the California Building Code is amended to read as follows: PERMIT FEES. The fees for each permit shall be as set forth in the City's master fee schedule or by a resolution of the City Council. 18.04.230 Section 1501 amended-Scope. Section 1501 of the California Building Code is amended to read as follows: Roofing assemblies, roof coverings, and roof structures shall be as specified in this Code and as otherwise required by this Chapter. Roofing assemblies and roof coverings other than wood shakes and shingles shall be Class A. Wood shakes and shingles of any classification are prohibited as a roof covering on all structures and on all replacement roofs. Roof coverings shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof. Skylights shall be constructed as required in Chapter 24. For use of plastics in roofs, see Chapter 26. For solar photo voltaic energy collectors located above or upon a roof, see Chapter 6 of the California Fire Code. 18.04.310 Violations. Any person or corporation who violates any of the provisions of this code or this chapter is guilty of an infraction, except for the fourth and each additional violation of a provision within one year, which shall be a misdemeanor. Penalties for a violation of this chapter shall be as designated in Section 1.08.010 of this code. 18.04.315 Certificate of noncompliance. A. lfthe building official determines there is a violation of this chapter, it may result in the building official filing, in the office of the county recorder, a certificate of noncompliance. Such certificate shall describe the property, certify noncompliance, and state that the owner or person in control of the property has been notified. If a certificate of noncompliance is filed, 7 Page 168 and where the permit, inspection, and/or approval required is obtained, the building official shall provide to the property owner a certificate of compliance to file with the county recorder certifying compliance. Until a certificate of compliance has been filed, all applications for grading permits, use permits, major and minor subdivisions, rezones, specific plans, specific plan amendments, general plan amendments, discretionary approvals and building permits may be denied. B. When the building official or the authorized representative thereof determines that compliance to this chapter is not had, they shall provide written notice, by certified mail return receipt requested, to the owner or person in control of the property. Such notice shall contain: (1) a description of the property; (2) the condition or condition that has caused the noncompliance; (3) a reasonable time limit to bring the property into compliance; (4) the potential to record a certificate of noncompliance; and (5) the right to appeal. C. Within 10 days from the date of giving of notice, the owner or person in control of the property may file an appeal of the finding of noncompliance to the city council. Such appeal shall be in writing and shall identify the property subject to the certificate of noncompliance. The city council must hear the appeal within 60 days from the filing of the appeal or at such later date as may be agreed to by the appellant. Notice of the hearing date shall be given in writing. The hearing date shall be no sooner than five days from the date when notice of the hearing is given to the appellant and to the building official. The decision of the city council is final. 18.04.330 Street name signs. All private and public streets within the city shall have designated street names which shall be identified by signs. The size and type of street signs and the names of streets shall be subject to the approval of the city planning division, and the police and fire departments. Location and number of signs shall be as required by the city. SECTION 2: That Section 18.08.010 of the Carlsbad Municipal Code is amended to read as follows: 18.08.010 Adoption. The California Mechanical Code 2016 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials, is adopted by reference as the mechanical code of the City of Carlsbad. SECTION 3: That Section 18.12.010 of the Carlsbad Municipal Code is amended to read as follows: Page 169 18.12.010 Adoption. The California Electrical Code 2016 Edition, copyrighted by the National Fire Protection Association, is adopted by reference as the electrical code for the City of Carlsbad. SECTION 4: That Section 18.16.010 of the Carlsbad Municipal Code is amended to read as follows: 18.16.010 Adoption. The California Plumbing Code, 2016 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials, is adopted by reference as the plumbing code of the City of Carlsbad except for the changes, additions, and amendments set forth in this chapter, which shall supersede such provisions of said code. SECTION 5: That Section 18.18.010 of the Carlsbad Municipal Code is amended to read as follows: 18.18.010 Adoption of the Uniform Solar Energy Code. The Uniform Solar Energy Code, 2015 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials, is adopted by reference as the solar energy code of the City of Carlsbad. SECTION 6: That Section 18.20.010 of the Carlsbad Municipal Code is amended to read as follows: 18.20.010 Adoption. The 2016 California Residential Code including Appendix Chapter H, copyrighted by The California Building Standards Commission, is adopted by reference as the residential building code of the City of Carlsbad. SECTION 7: That Section 18.21.010 of the Carlsbad Municipal Code is amended to read as follows: 18.21.010 Adoption. The 2016 California Green Building Standards Code copyrighted by The California Building Standards Commission, is adopted by reference as the green building standards code of the City of Carlsbad. SECTION 8: That Section 18.30.010 of the Carlsbad Municipal Code is amended to read as follows: 9 Page 170 18.30.010 Adoption. The California Energy Code, 2016 Edition, copyrighted by the California Building Standards Commission is adopted by reference as the energy code for the City of Carlsbad. SECTION 9: That Section 18.30.040 of the Carlsbad Municipal Code is amended to read as follows: 18.30.040 Solar alternative design provisions required . 1. All new residential units shall include provisions specifically designed to allow the later installation of any system which utilizes solar energy as an alternative energy source. No building permit shall be issued unless the piping or conduit and roof penetration details required pursuant to this section are indicated in the building plans. This section shall apply only to those residential dwelling units for which a building permit was applied for after the effective date of the ordinance adopting this chapter. 2. Exception. The provisions of this section can be modified or waived when it can be satisfactorily demonstrated to the building official that solar energy alternatives are impractical due to shading, building orientation, construction constraints or configuration of the parcel. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. II II II II II II II II II II Page 171 EXHIBIT 3 PRIOR VERSION OF CHAPTER 17.04 IS REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING: Sections: 17.04.010 17.04.020 17.04.030 17.04.040 17.04.050 17.04.060 17.04.070 17.04.080 17.04.090 17.04.100 17.04.110 17.04.120 17.04.130 17.04.140 17.04.150 17.04.160 17.04.170 17.04.180 17.04.190 17.04.200 17.04.210 17.04.220 17.04.230 17.04.240 17.04.250 17.04.260 17.04.270 17.04.280 17.04.290 17.04.300 Chapter 17.04 FIRE PREVENTION CODE Adoption California Fire Code Chapter 1 -Scope and Administration -Adopted and Amended California Fire Code Chapter 2 -Definitions -Adopted and Amended California Fire Code Chapter 3 -General Requirements -Adopted and Amended California Fire Code Chapter 4 -Emergency Planning and Preparedness - Adopted in part California Fire Code Chapter 5 -Fire Service Features -Adopted and Amended California Fire Code Chapter 6 -Building Services and Systems -Adopted California Fire Code Chapter 7 -Fire and Smoke Protection Features - Adopted California Fire Code Chapter 8 -Interior Finish, Decorative Materials and Furnishings -Adopted California Fire Code Chapter 9 -Fire Protection Systems -Adopted and Amended California Fire Code Chapter 10 -Means of Egress -Adopted California Fire Code Chapter 11 -Construction Requirements for Existing Buildings -Adopted in part California Fire Code Chapter 20 -Aviation Facilities -Adopted California Fire Code Chapter 21 -Dry Cleaning -Adopted California Fire Code Chapter 22 -Combustible Dust -Producing Operations -Adopted California Fire Code Chapter 23 -Motor Fuel-Dispensing Facilities and Repair Garages -Adopted California Fire Code Chapter 24 -Flammable Finishes-Adopted California Fire Code Chapter 25 -Fruit and Crop Ripening -Adopted California Fire Code Chapter 26 -Fumigation and Insecticidal Fogging - Adopted California Fire Code Chapter 27 -Semiconductor Fabrication Facilities - Adopted California Fire Code Chapter 28 -Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities -Adopted California Fire Code Chapter 29 -Manufacture of Organic Coatings - Adopted California Fire Code Chapter 30 -Industrial Ovens -Adopted California Fire Code Chapter 31 -Tents, and Other Membrane Structures - Adopted California Fire Code Chapter 32 -High-Piled Combustible Storage - Adopted California Fire Code Chapter 32 -Fire Safety During Construction and Demolition -Adopted California Fire Code Chapter 34 -Tire Rebuilding & Tire Storage -Adopted California Fire Code Chapter 35 -Welding and Other Hot Work -Adopted California Fire Code Chapter 36 -Marinas -Adopted California Fire Code Chapter 37 -Combustible Fibers -Adopted Page 173 17.04.310 17.04.320 17.04.330 17.04.340 17.04.350 17.04.360 17.04.370 17.04.380 17.04.390 17.04.400 17.04.410 17.04.420 17.04.430 17.04.440 17.04.450 17.04.460 17.04.470 17.04.480 17.04.490 17.04.500 17.04.010 California Fire Code Chapter 50 -Hazardous Materials -General Provisions California Fire Code Chapter 51 -Aerosols -Adopted California Fire Code Chapter 53 -Compressed Gases -Adopted California Fire Code Chapter 54 -Corrosive Materials -Adopted California Fire Code Chapter 55 -Cryogenic Fluids -Adopted California Fire Code Chapter 56 -Explosives and Fireworks -Adopted and Amended California Fire Code Chapter 57 -Flammable and Combustible Liquids - Adopted California Fire Code Chapter 58 -Flammable Gases and Flammable Cryogenic Fluids -Adopted California Fire Code Chapter 59 -Flammable Solids -Adopted California Fire Code Chapter 60 -Highly Toxic and Toxic Materials - Adopted California Fire Code Chapter 61 -Liquefied Petroleum Gases -Adopted California Fire Code Chapter 62 -Organic Peroxides -Adopted California Fire Code Chapter 63 -Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids -Adopted California Fire Code Chapter 64 -Pyrophoric Materials -Adopted California Fire Code Chapter 65 -Pyroxylin (Cellulose Nitrate) Plastics - Adopted California Fire Code Chapter 66 -Unstable (Reactive) Materials -Adopted California Fire Code Chapter 67 -Water-Reactive Solids and Liquids - Adopted California Fire Code Chapter 80 -Referenced Standards -Adopted California Fire Code Appendices -Adopted in Part and Amended Severability Adoption The City of Carlsbad adopts by reference the 2016 Edition of the California Fire Code, including Appendices Chapter 4, B, BB, C, CC, D, E, F, G, and H, and the California Standards, with the amendments contained in the following sections of Chapter 17.04 . As adopted and amended herein, the 2016 California Fire Code (hereinafter "California Fire Code") becomes the Fire Code of the City of Carlsbad. The City of Carlsbad further amends the provisions of the California Fire Code to include the requirements of the California Fire Code for those occupancies not subject to the 2016 California Fire Code. 17.04.020 California Fire Code Chapter 1 -Scope and Administration -Adopted and Amended California Fire Code, Chapter 1, Scope and Administration, is adopted in its entirety with the following amendments: A. Chapter 1, Division II, Part 2, Section 109.4, Violation penalties, is amended to read as follows: Any person who violates any of the provisions of this code or standards; or fails to comply with any provision of this code; or violates or fails to comply with any order made pursuant to this code; or who builds in violation of any detailed statement or specification or plans submitted and approved pursuant to this code, or any certificate or permit issued pursuant to this code, and from which no timely appeal has been taken; or who fails to comply with an order as affirmed or modified by the City Attorney of the City of Carlsbad or by a court of competent jurisdiction within 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 months, or both. Page 174 The imposition of one penalty for 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 enforced removal of prohibited conditions. B. Chapter 1, Division II, Part 2, Section 111.4, Failure to Comply, is amended to read as follows: Any person, who continues any work having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fine of not less than $250.00 dollars or more than $1 ,000.00 dollars. C. Chapter 1, Division II, Part 2, is amended to add Section 113.6, Cost Recovery, to read as follows: The city shall be entitled to recover the cost of emergency services as described in subsections 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 the 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 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 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, the interest of public safety, the fire chief, pursuant to Section 3104.20 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. 17.04.030 California Fire Code Chapter 2 -Definitions -Adopted and Amended California Fire Code, Chapter 2, Definitions, is adopted in its entirety with the following amendments: Page 175 Chapter 2, Section 202, General Definitions is amended to add the following definitions: FIRE HAZARD. Anything 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 anything 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. VEGETATION. Weeds, grass, vines or other organic (cellulose) growth that is capable of being ignited and endangering property. 17.04.040 California Fire Code Chapter 3 -General Requirements -Adopted and Amended California Fire Code, Chapter 3, General Requirements, is adopted in its entirety with the following amendment: Chapter 3, Section 304.1 .2, Vegetation , is amended to read as follows: Vegetation shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in urban-wildland interface areas shall be in accordance with City of Carlsbad standards. . 17.04.050 California Fire Code Chapter 4 -Emergency Planning and Preparedness - Adopted in part . California Fire Code, Chapter 4, Emergency Planning and Preparedness, is amended to adopt only the Sections listed below: A. 401 only the subsections listed below: 1. 401 .3.4 2. 401.9 B. 402 C. 403.2 D. 404.5-404.6.6 E. 407 17.04.060 California Fire Code Chapter 5 -Fire Service Features -Adopted and Amended California Fire Code, Chapter 5, Fire Service Features, is opted in its entirety with the following amendments: A. Chapter 5, Section 503.1.2 Additional access, is amended to add Section 503.1.2.1 Residential developments, to read as follows: Projects having more than 40 dwelling units shall be provided with two separate and approved points of fire department access. B. Chapter 5 Section 503.2.1 Dimensions, is amended to read as follows: Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm) exclusive of shoulders, except for approved security gates in accordance with section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115mm). Page 176 C. Chapter 5, Section 503.2.1 Dimensions is amended to add Section 503.2.1.1 Minimum street width in fire hazard zones, to read as follows: Public and private streets shall have a minimum unobstructed width of 28 foot clear travel way where adjacent lots are located within designated Fire Hazard Zones/Fire Suppression Zone within the property line. D. Chapter 5, Section 503.2.1 is amended to add Section 503.2.1.2 Measurement of street width to read 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. E. Chapter 5, Section 505.1 Street numbers is amended to read as follows: Approved numbers and/or addresses shall be placed on the street-side of 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: • Single family residences: 4" high with a 3/8" stroke • Unit identification of multi-family residential buildings: 6" high with a %'' stroke • Commercial, industrial and multi-family residential buildings: minimum 12" high with a 1.5" stroke Additional numbers shall be required where deemed necessary by the Fire Code Official, such as rear access doors, building corners, secondary access roadways and entrances to commercial centers. The Fire Code Official may establish different minimum sizes for numbers for various categories of projects. F. Chapter 5, Section 505 Premises identification is amended to add Section 505.3 Easement address signs to read 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 four inches in height with a minimum stroke of 3/8", and shall contrast with the background. G. Chapter 5, Section 505 Premises identification is amended to add Section 505.4 Map/directory to read 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 home parks, where the number of units in such project exceeds 15. H. Chapter 5, Section 505 Premises identification is amended to add Section 505.5 Response may updates to read as follows: Any new development, which necessitates updating of emergency response maps by virtue of new stru9tures, hydrants, roadways or similar features, shall be required to provide map updates in a format approved by the fire department. The responsible party may be charged a reasonable fee for updating the City emergency response maps. Page 177 17.04.070 California Fire Code Chapter 6 -Building Services and Systems -Adopted California Fire Code, Chapter 6, Building Services and Systems, is adopted in its entirety without amendments. 17.04.080 California Fire Code Chapter 7 -Fire and Smoke Protection Features - Adopted California Fire Code, Chapter 7, Fire and Smoke Protection Features, is adopted in its entirety without amendments. 17.04.090 California Fire Code Chapter 8 -Interior Finish, Decorative Materials and Furnishings -Adopted California Fire Code, Chapter 8, Interior Finish, Decorative Materials and Furnishings, is adopted in its entirety without amendments. 17.04.100 California Fire Code Chapter 9 -Fire Protection Systems -Adopted and Amended California Fire Code, Chapter 9, Fire Protection Systems, is adopted in its entirety with the following amendments: Chapter 9, Section 903.2 Where required, is amended to read as follows: An approved automatic fire sprinkler system shall be provided in all new non-residential buildings constructed in which the aggregate floor area exceeds five thousand (5,000) square feet (464m2), regardless of occupancy classification and locations described in sections 903.2.1 through 903.2.12. Mezzanines shall be included in the total square footage calculation . 17.04.110 California Fire Code Chapter 10 -Means of Egress -Adopted California Fire Code, Chapter 10, Means of Egress, is adopted in its entirety without amendments. 17.04.120 California Fire Code Chapter 11 -Construction Requirements for Existing Buildings -Adopted in part California Fire Code, Chapter 11, Construction Requirements for Existing Buildings, is amended to adopt only those Sections and Subsections listed below: A 1103. 7 only the subsections listed below: 1. 1103.7.3 2. 1103.7.3.1 3. 1103.7.8 -1103.7.8.2 4. 1103.7.9-1103.7.9.10 B. 1103.8 -1103.8.5.3 C. 1107 D. 1113 E. 1114 F. 1115 G. 1116 Page 178 17.04.130 California Fire Code Chapter 20 -Aviation Facilities -Adopted California Fire Code, Chapter 20, Aviation Facilities, is adopted in its entirety without amendments 17.04.140 California Fire Code Chapter 21 -Dry Cleaning -Adopted California Fire Code, Chapter 21, Dry Cleaning, is adopted in its entirety without amendments. 17.04.150 California Fire Code Chapter 22 -Combustible Dust -Producing Operations -Adopted California Fire Code, Chapter 22, Combustible Dust-Producing Operations, is adopted in its entirety without amendments. 17.04.160 California Fire Code Chapter 23 -Motor Fuel-Dispensing Facilities and Repair Garages -Adopted California Fire Code, Chapter 23, Motor Fuel-Dispensing Facilities and Repair Garages, is adopted in its entirety without amendments. 17.04.170 California Fire Code Chapter 24 -Flammable Finishes-Adopted California Fire Code, Chapter 24, Flammable Finishes, is adopted in its entirety without amendments. 17.04.180 California Fire Code Chapter 25 -Fruit and Crop Ripening -Adopted California Fire Code, Chapter 25, Fruit and Crop Ripening, is adopted in its entirety without amendments. 17.04.190 California Fire Code Chapter 26 -Fumigation and Insecticidal Fogging - Adopted California Fire Code, Chapter 26, Fumigation and Insecticidal Fogging, is adopted in its entirety without amendments. 17.04.200 California Fire Code Chapter 27 -Semiconductor Fabrication Facilities - Adopted California Fire Code, Chapter 27, Semiconductor Fabrication Facilities, is adopted in its entirety without amendments. 17.04.210 California Fire Code Chapter 28 -Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities -Adopted California Fire Code, Chapter 28, Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities, is adopted in its entirety without amendments: 17.04.220 California Fire Code Chapter 29 -Manufacture of Organic Coatings -Adopted California Fire Code, Chapter 29, Manufacture of Organic Coatings, is adopted in its entirety without amendments. 17.04.230 California Fire Code Chapter 30 -Industrial Ovens -Adopted Page 179 California Fire Code, Chapter 30, Industrial Ovens, is adopted in its entirety without amendments. 17.04.240 California Fire Code Chapter 31 -Tents, and Other Membrane Structures - Adopted California Fire Code, Chapter 31, Tents and Other Membrane Structures, is adopted in its entirety without amendments. 17.04.250 California Fire Code Chapter 32 -High-Piled Combustible Storage -Adopted California Fire Code, Chapter 32, High-Piled Combustible Storage, is adopted in its entirety without amendments. 17.04.260 California Fire Code Chapter 32 -Fire Safety During Construction and Demolition -Adopted California Fire Code, Chapter 33, Fire Safety During Construction and Demolition, is adopted in its entirety without amendments. 17.04.270 California Fire Code Chapter 34 -Tire Rebuilding & Tire Storage -Adopted California Fire Code, Chapter 34, Tire Rebuilding & Tire Storage, is adopted in its entirety without amendments. 17.04.280 California Fire Code Chapter 35 -Welding and Other Hot Work -Adopted California Fire Code, Chapter 35, Welding and Other Hot Work, is adopted in its entirety without amendments. 17.04.290 California Fire Code, Chapter 36 -Marinas -Adopted California Fire Code, Chapter 36, Marinas, is adopted in its entirety without amendments. 17.04.300 California Fire Code, Chapter 37 -Combustible Fibers -Adopted California Fire Code, Chapter 37, Combustible Fibers, is adopted in its entirety without amendments. 17.04.310 California Fire Code Chapter 50 -Hazardous Materials -General Provisions California Fire Code, Chapter 50, Hazardous Materials -General Provisions, is adopted in it's entirely without amendments. 17.04.320 California Fire Code Chapter 51 -Aerosols -Adopted California Fire Code, Chapter 51, Aerosols, is adopted in its entirety without amendments. 17.04.330 California Fire Code Chapter 53 -Compressed Gases -Adopted California Fire Code, Chapter 53, Compressed Gases, is adopted in its entirety without amendments. Page 180 17.04.340 California Fire Code Chapter 54 -Corrosive Materials -Adopted California Fire Code, Chapter 54, Corrosive Materials, is adopted in its entirety without amendments. 17.04.350 California Fire Code Chapter 55 -Cryogenic Fluids -Adopted California Fire Code, Chapter 55, Cryogenic Fluids, is adopted in its entirety without amendments. 17.04.360 California Fire Code Chapter 56 -Explosives and Fireworks -Adopted and Amended California Fire Code, Chapter 56, Explosives and Fireworks, is adopted in its entirety with the following amendments: A. Chapter 56, Section 5601 .1.3 is amended to add Section 5601 .1.3.1 Retail Fireworks, to read as follows: The storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G is prohibited unless they are being used as part of a public display when permitted and conducted by a licensed pyrotechnic operator. B. Chapter 56, Section 5601 .1.3 is amended to add Section 5601 .1.3.2 Seizure of Fireworks, to read as follows: The fire chief shall have the authority to seize, take, or remove all fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19 California Code of Regulations, Chapter 6. 17.04.370 California Fire Code Chapter 57 -Flammable and Combustible Liquids - Adopted California Fire Code, Chapter 57, Flammable and Combustible Liquids, is adopted in its entirety without amendments. 17.04.380 California Fire Code Chapter 58 -Flammable Gases and Flammable Cryogenic Fluids -Adopted California Fire Code, Chapter 58, Flammable Gases and Flammable Cryogenic Fluids, is adopted in its entirety without amendments. 17.04.390 California Fire Code Chapter 59 -Flammable .Solids -Adopted California Fire Code, Chapter 59, Flammable Solids, is adopted in its entirety without amendments. 17.04.400 California Fire Code Chapter 60 -Highly Toxic and Toxic Materials -Adopted California Fire Code, Chapter 60, Highly Toxic and Toxic Materials, is adopted in its entirety without amendments. 17.04.410 California Fire Code Chapter 61 -Liquefied Petroleum Gases -Adopted California Fire Code, Chapter 61 , Liquefied Petroleum Gases, is adopted in its entirety without amendments. Page 181 17.04.420 California Fire Code Chapter 62 -Organic Peroxides -Adopted California Fire Code, Chapter 62 Organic Peroxides, is adopted in its entirety without amendments. 17.04.430 California Fire Code Chapter 63 -Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids -Adopted · California Fire Code, Chapter 63, Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids, is adopted in its entirety without amendments. 17.04.440 California Fire Code Chapter 64 -Pyrophoric Materials -Adopted California Fire Code, Chapter 64, Pyrophoric Materials, is adopted in its entirety without amendments. 17.04.450 California Fire Code Chapter 65 -Pyroxylin (Cellulose Nitrate) Plastics - Adopted California Fire Code, Chapter 65, Pyroxylin (Cellulose Nitrate) Plastics, is adopted in its entirety without amendments. 17.04.460 California Fire Code Chapter 66 -Unstable (Reactive) Materials -Adopted California Fire Code, Chapter 66, Unstable (Reactive) Materials, is adopted in its entirety without amendments. 17.04.470 California Fire Code Chapter 67 -Water-Reactive Solids and Liquids - Adopted California Fire Code, Chapter 67, Water-Reactive Solids and Liquids, is adopted in its entirety without amendments. 17.04.480 California Fire Code Chapter 80 -Referenced Standards -Adopted California Fire Code, Chapter 80, Referenced Standards, is adopted in its entirety without amendments. 17.04.490 California Fire Code Appendices -Adopted in Part and Amended The Appendices to the California Fire Code are adopted as follows: A. Appendix 4 is adopted in its entirety without amendments. B. Appendix B is adopted in its entirety with the following amendments: Table 8105.2 is amended to read as follows: Page 182 TABLE B105.2 REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE -AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES AUTOMATIC SPRINKER SYSTEM MINIMUM FIRE-FLOW FLOW DURATION (Design Standard) (gallons per minute) (hours) No automatic sprinkler system Value in Table 8105.1(2) Duration in Table 8105.1 (2) Section 903.3.1.1 of the California 50% of the value in Table Duration in Table B105.1(2) Fire Code B105.1(2)8 at the reduced flow rate Section 903.3.1 .2 of the California 50% of the value in Table Duration in Table B105.1 (2) Fire Code B105.1(2)b at the reduced flow rate For SI : 1 gallon per minute= 3.785 Lim a. The reduced fire-flow shall be not less than 1,000 gallons per minute b. The reduced fire-flow shall be not less than 1,500 gallons per minute C. Appendix 88 is adopted in its entirety without amendments. 0. Appendix C is adopted in its entirety without amendments. E. Appendix CC is adopted in its entirety without amendments. F. Appendix O is adopted in its entirety with the following amendments: Appendix 0, Section 0106; Subsection 0106.1 Multiple-family residential developments is amended to read as follows: Projects having more than 50 dwelling units. Multiple-family residential projects having more than 50 dwelling units shall be provided with two separate and approved fire apparatus access roads. Appendix 0, Section 0106; is amended to delete section 0106.2. G. Appendix E is adopted in its entirety without amendments. H. Appendix Fis adopted in its entirety without amendments. I. Appendix G is adopted in its entirety without amendments. J. Appendix H is adopted in its entirety without amendments. 17.05.500 Severability 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 be declared invalid. Page 183 Chapter 18.04 BUILDING CODE* Sections: 18.04.010 Adoption. 18.04.015 Sections 105.1 and 105.2 amended-Permits required. 18.04.020 Section 105.3.1 amended-Building permit issuance. 18.04.025 Building official designated. 18.04.030 Section 105.5 amended-Expiration. 18.04.035 Section 105.3.2 amended-Expiration of plan review. 18.04.040 Section *°3.4 109 amended-Permit fees. 18.04.230 Section 1501 amended-Scope. 18.04.310 Violations. 18.04.315 Certificate of noncompliance. 18.04.330 Street name signs. 18.04.010 Adoption. EXHIBIT 4 The ~2016 Edition of the California Building Code, Volumes 1 and 2 hereinafter referred to as "the code," copyrighted by the California Building Standards Commission, two copies of which are on file in the oniee of the city clerk with the building official at the Faraday Center for public record and inspection, are hereby adopted by reference as the building code of the City of Carlsbad for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings or structures in the City of Carlsbad, except for changes, additions, deletions an~ amendments in this chapter, which shall supersede the provisions of said code. 18.04.015 Sections 105.1 and 105.2 amended-Permits required. Sections 105.1 and 105.2 of the California Building Code are amended to read as follows: 105.1 Permits Required. Exeept as speeified in Seetion 105.2 of this section, no building or struct1::1re reg1::1lated by this code shall be ereeted, constructed, enlarged, altered, repaired, moved, impro•;ed, reFRoved, eonverteel, er deFRolished 1::1nless a separate perFRit for eaeh building or strncture has first been obtained from the Building Official. Any owners or owner's authorized agent who intends to construct, en large, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. 105.1.1 Annual permit. In lieu of an individual permit for reach alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any Page 184 person, firm or corporation regularly employing one or more qualified tradepersons in the building, structure or on the premises owned or operated by the applicant for the permit. 105.1.2 Annua l permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.2 Work Exempt from Permit permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits A buildiRg permit shall not be required for the following: Building: 1. One story detached residem:ial accessory buildiRgs structures used as tool and storage sheds, playhouses and similar uses, provided the floor area eloes Rot exceed ·is not greater than 120 square feet (11 m2). 2. PlaygrouRel, gymAastic and similar equipment ans strwctures useel fer recreation and athletic activities accessory to one anel two family el\'.iellings. --3~.-Fences not over six feet (1,829 mm) high. 4. Non fixes rno11able fixtures, cases, racks, cot,Jnters ans partitions not over five ket niAe inches (1,853 mm) in height. --&J . Retaining walls wh-icl:l-that are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or !-QA IIIA liquids. e~. Water tanks supported directly upon grade if the capacity soes not exceeel is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width eloes not exceeel is not greater than 2:1 two to one. +2. Platforms, walks Sidewalks and driveways not more than 30 inches (762 mm} above adjacent gradeL and not over any basement or story below and are not part of an accessible route. &6. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work. 9Z. Temporary motion picture~, television and theater stage sets and scenery. 10. \·\lindow awnings supported by an exterior wall of group R, Division 3, and Group U occupancies when projecting net more than 54 inches. --1---11!. Prefabricated swimming pools accessory to a Group R Division 3 Occupano! occupancy in which the pool walls are entirely abo•;e the adjacent grade and if the capacity eloes not exceed that are not greater than 5,000 gallons (18,925 L) and are installed entirely above ground. Page 185 ~2-Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. -±J.10. Swings and other playground equipment accessory to detached one-and two-family dwellings. 11. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 12. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles . Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75kW) or less. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. Page 186 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. Antennas supporteel on the roof. 14. electrolier standards, flag poles and antennas not over 35 feet in height above finish grade when fully extended. 15. Repairs wl:iich in¥olve only the replacement of component parts or existing work with similar materials onl't' for the purpose of maintenance and which do not aggregate over $1,000.00 in valuation and do not affect any electrical or mechanical installations. Ref)airs e><empt from perrAit req1:1irements shall not incl1:1de an',' addition, change or mosification in constr1:1ction, exit facilities or permanent fi><tures or equipFAent. ~13ecifically exempt from permit requirements regardless of val1:1e: a. Painting and Elecorating b. lnstallatien of floor covering. c. Cabinet .,•,ark. El. 01:1tsiele paving. Unless otherwise exempted, separate 13lumbing, electrical ans mechanical permits will be required for the abmse e><empted items. Exemption from the permit reEjuirements 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. 18.04.020 Section 105.3.1 amended-Building permit issuance. Section 105.3.1 of the California Building Code is amended to read as follows: The application, plans and specifications filed by an applicant for a permit shall be reviewed by the B1::1ilding Official building official. Such plans may be reviewed by other divisions of the City to check compliance with the laws and ordinances under their jurisdiction. If the Building Official bu ilding official is satisfied that the work described in an application for permit and the plans filed therewith conform to the requirements of this code and other pertinent laws and ordinances and that all applicable fees have been paid, the Building Officialbuilding official shall issue a permit therefore to the applicant. In the case of a new building, all fees required for connection to public water systems and to sewer systems provided by entities other than the City must be paid or a bond posted before a permit is issued. When the Building Official building official issues a permit, the B1:1ilding Official building official shall endorse in writing or stamp on both sets of plan and specifications, "Approved". Such approval plans and specifications shall not be changed, modified, or altered without authorization from the Building Official building official, and all work shall be done in accordance with the approved plans. Page 187 The Building Official 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 their own risk without assurance that the permit for the entire building or structure will be granted. 18.04.025 Building official designated. The building official or authorized representative of the city is designated as the person who shall enforce all of the provisions of the California Building Code as amended. 18.04.030 Section 105.S amended-Expiration. Section 105.5 of the California Building Code is amended to read as follows: Every permit issued by the Building Official building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 calendar days from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 180 calendar days, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Building Official building official within 180 calendar days of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Building Official building official within each 180 day period upon the initial commencement of work authorized by such permit. The Building Officialbuilding officia l is authorized to grant, in writing, one or more extensions of time, for periods not to exceed 180 days each. The extensions shall be granted in writing and justifiable cause demonstrated. Before such work can be recommenced, a new permit shall be obtained to do so, and the fee .therefore shall be one half the amount required for a new permit for such work, and provided that no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new permit fee. Any permittee holding an unexpired permit may apply for an extension of time within which work may commence under that permit when the permittee is unable to commence work within the time period required by this section for good and satisfactory reasons. The provisions of any sewer allocation system adopted pursuant to Chapter 18.05 of the Municipal Code shall supersede Section 106.4.4 of the California Building Code if the permit is issued pursuant to such system. Page 188 18.04.035 Section 105.3.2 amended-Expiration of plan review. Section 105.3.2 of the California Building Code is amended to read as follows: Applications for which no permit is issued within one year following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official building official. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. 18.04.040 Section ioi...4 109 amended-Permit fees. Section ±G&.,4 109 of the California Building Code is amended to read as follows: PERMIT FEES. The fees for each permit shall be as set forth in the City's master fee schedule or by a resolution of the City Council. 18.04.230 Section 1501 amended-Scope. Section 1501 of the California Building Code is amended to read as follows: Roofing assemblies, roof coverings, and roof structures shall be as specified in this Code and as otherwise required by this Chapter. Roofing assemblies and roof coverings other than wood shakes and shingles shall be Class A. Wood shakes and shingles of any classification are prohibited as a roof covering on all structures and on all replacement roofs. Roof coverings shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof. Skylights shall be constructed as required in Chapter 24. For use of plastics in roofs, see Chapter 26. For solar photovoltaic energy collectors located above or upon a roof, see Chapter 6 of the California Fire Code. 18.04.310 Violations. Any person or corporation who violates any of the provisions of this code or this chapter is guilty of an infraction, except for the fourth and each additional violation of a provision within one year, which shall be a misdemeanor. Penalties for a violation of this chapter shall be as designated in Section 1.08.010 of this code. 18.04.315 Certificate of noncompliance. A. If the building official determines there is a violation of this chapter, it may result in the building official filing, in the office of the county recorder, a certificate of noncompliance. Such certificate shall describe the property, certify noncompliance, and state that the owner or person in control of the property has been notified. If a certificate of noncompliance is filed, and where the permit, inspection, and/or approval required is obtained, the building official shall provide to the property owner a certificate of compliance to file with the county recorder certifying compliance. Until a certificate of compliance has been filed, all applications for grading permits, use permits, major and minor subdivisions, rezones, Page 189 specific plans, specific plan amendments, general plan amendments, discretionary approvals and building permits may be denied. B. When the building official or the authorized representative thereof determines that compliance to this chapter is not had, they shall provide written notice, by certified mail return receipt requested, to the owner or person in control of the property. Such notice shall contain: (1) a description of the property; (2) the condition or condition that has caused the noncompliance; (3) a reasonable time limit to bring the property into compliance; (4) the potential to record a certificate of noncompliance; and (5) the right to appeal. C. Within 10 days from the date of giving of notice, the owner or person in control of the property may file an appeal of the finding of noncompliance to the City Council. Such appeal shall be in writing and shall identify the property subject to the certificate of noncompliance. The City Council must hear the appeal within 60 days from the filing of the appeal or at such later date as may be agreed to by the appellant. Notice of the hearing date shall be given in writing. The hearing date shall be no sooner than five days from the date when notice of the hearing is given to the appellant and to the building official. The decision of the City Council is final. 18.04.330 Street name signs. All private and public streets within the city shall have designated street names which shall be identified by signs. The size and type of street signs and the names of streets shall be subject to the approval of the city planning division, and the police and fire departments. Location and number of signs shall be as required by the city. Page 190 18.08.010 Adoption. The California Mechanical Code ~2016 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials, is adopted by reference as the mechanical code of the City of Carlsbad. 18.12.010 Adoption. The California Electrical Code ~ 2016 Edition, copyrighted by the National Fire Protection Association, is adopted by reference as the electrical code for the City of Carlsbad. 18.16.010 Adoption. The California Plumbing Code, ~ 2016 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials, is adopted by reference as the plumbing code of the City of Carlsbad except for the changes, additions, and amendments set forth in this chapter, which shall supersede such provisions of said code. 18.18.010 Adoption of the Uniform Solar Energy Code. The Uniform Solar Energy Code,~ 2015 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials, is adopted by reference as the solar energy code of the City of Carlsbad . 18.20.010 Adoption. The ~ 2016 California Residential Code including Appendix Chapter H, copyrighted by the California Building Standards Commission, is adopted by reference as the Residential Building Code of the City of Carlsbad. 18.21.010 Adoption. The ~ 2016 California Green Building Standards Code copyrighted by the California Building Standards Commission, is adopted by reference as the Green Building Standards Code of the City of Carlsbad. 18.30.010 Adoption. The California Energy Code,~ 2016 Edition, copyrighted by the California Building Standards Commission is adopted by reference as the Energy Code for the City of Carlsbad. 18.30.040 Solar alternative design provisions required. A. All new residential units shall include provisions specifically designed to allow the later installation of any system which utilizes solar energy as an alternative energy source. No building permit shall be issued unless the piping or conduit and roof penetration details required pursuant to this section are indicated in the building plans. This section shall apply only to those residential dwelling units for which a building permit was applied for after the effective date of the ordinance adopting this chapter. B. Exception. The provisions of this section can be modified or waived when it can be satisfactorily demonstrated to the building official that solar energy alternatives are impractical due to shading, building orientation, construction constraints or configuration of the parcel. Page 191 ('city of Carlsbad 2016 California Building and Fire Code Adoption Summary BACKGROUND EXHIBIT 5 The purpose of the proposed ordinances is the local adoption of the 2016 edition of the Building, Fire and other related construction regulations. The following is a summary of the adoption of the 2016 California Construction Codes. BUILDING AND FIRE CODE Every three years the State of California by order of the legislature publishes an updated version of construction regulations referred to as the California Building Standards Code. All new commercial and residential buildings must be built in compliance with these standards. The California Building Standards Commission is responsible for developing and publishing these revised standards in collaboration with other state agencies. City and county building departments have been delegated enforcement responsibility by California's legislature. Local jurisdictions may adopt findings for more restrictive building standards reasonably necessary due to specific local climatic, geological or topographical conditions. These are typically referred to as "local amendments". The local amendment findings must be filed with the Building Standards Commission in order to be effective. It should be noted that local jurisdictions may be more restrictive than the State Building Code, but may not be less restrictive. The Carlsbad Fire Marshal is recommending continuing the city's existing commercial fire sprinkler code requirements. As recommended, installation of auto-sprinkler systems will not be required for additions to existing unsprinkled commercial buildings unless the aggregate building exceeds the allowable area for unsprinklered buildings prescribed in the California Building Code. In all cases, new commercial buildings that exceed 5,000 square feet will be required to install automatic fire sprinkler systems. This approach is consistent with State law and recognizes the conflict between economic development and expansion of an existing business and the cost of providing additional fire protection. The fire department has evaluated our previous local amendments and determined that in many cases, new model code language found in the Fire Code is now sufficient to meet the needs of the fire department. For this reason, the fire department has eliminated many local amendments in an effort to streamline the application of our Fire Code. Page 192 BUILDING DISABLED ACCESSIBILITY The disabled accessibility provisions of the California Building Code found in Chapter 11A and 118 contain no significant changes from the previous edition .. Accessibility provisions for electric vehicle charging stations (EVCS) have been clarified. While van access areas and an accessible path of travel are provided and striped, the charging station is considered a service and the space is not for the exclusive use of disabled persons. No local amendments proposed. CALGreen The Governor of California, as a part of the Greenhouse Gas (GHG) emissions reduction policy referred to in AB32, directed the Building Standards Commission to develop standards that enhance the design and construction of buildings through the use of building concepts that have a reduced negative environmental impact. These sustainable construction practices include the following categories: Planning and Design, Energy Efficiency, Water Efficiency and Conservation, Material Conservation and Efficiency, and Environmental Quality. The CALGreen code is divided into residential and commercial sections and includes both mandatory and voluntary provisions. The 2016 edition of CALGreen applies to any new residential building or addition. New or non-residential additions of 1000 square feet or greater and building alterations with a permit valuation of $200,000.00 or greater must comply with CALGreen. The CALGreen recycling requirement has been changed from 50% of material to 65% of nonhazardous construction and demolition waste. No local amendments proposed. CALIFORNIA ENERGY CODE Carlsbad has been at the forefront in recognizing the need for sustainable development in all areas of building construction and energy conservation practices. The City Council recently adopted the Climate Action Plan (CAP), which calls for ordinances related to energy efficiency, renewable energy, electric vehicle charging infrastructure and transportation demand management. Public Works and Community and Economic Development staff are preparing these ordinances and will return to City Council in 2018 with them as amendments to Title 18 of the Carlsbad Municipal Code. PLUMBING, ELECTRICAL, AND MECHANICAL CODES The Building Standards are the official compilation of amendments to the California Code of Regulations, Title 24 and are published in various parts. In addition to Fire, Building and Green Building Standards, there are provisions in the code that relate to the safety of the Electrical, Plumbing, and Mechanical systems installed in buildings. These model codes are written by recognized leading code experts and other members of recognized professional organizations and amended by specific agencies of the State of California. The Carlsbad Building Official is recommending that these parts of the Building Standards be adopted as published without local amendments. Page 193 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, June 27, 2017, to consider adoption of the 2016 California Building and Fire Codes and more particularly described as: ADOPTION OF THE 2016 CALIFORNIA BUILDING AND FIRE CODES, as amended Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after June 23, 2017. If you have any questions, please contact Mike Peterson in the Community & Economic Development Department, Building Division at (760) 602-2721 or mike.peterson@carlsbadca.gov. If you challenge the Building and Fire Code Adoption in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE NAME: 2016 CALIFORNIA BUILDING AND FIRE CODES PUBLISH: JUNE 16, 2017 JUNE 23, 2017 CITY OF CARLSBAD CITY COUNCIL Randy Metz Fire Marshal Mike Peterson Building Official June 27, 2017 Adoption of the 2016 Building and Fire Codes California Code of Regulations (CCR) Title 24 The CCR’s are based on various model codes developed and published by: –International Code Council –International Association of Plumbing & Mechanical Officials –National Fire Protection Association –California Energy Commission –Building Standards Commission The 2016 California Building & Fire Codes •California Building Code •California Residential Code •California Electrical Code •California Mechanical Code •California Plumbing Code •California Energy Code •California Fire Code •California Green Building Standards California Building & Fire Codes •The California Building Standards Commission adopts the 2016 Editions of the state construction codes after other state agencies recommend amendments to the model Codes. Code Adoption •As amended and published they are referred to as the “California” Building and Fire Codes and were effective on January 1, 2017 throughout California. 2016 Code Adoption Local Amendments •Jurisdictions throughout California are required to adopt local amendments by ordinance to be effective. •Local amendments must be based on findings of specific local climate, geography or topographical conditions. 2016 Building Code Adoption Local Amendments •Local Amendments to the Building Code were previously adopted by City Council-no new amendments are proposed at this time. •Amendments may be more restrictive than the State but not less restrictive. 2016 Fire Code Adoption Local Amendments •Local Amendments to the Fire Code were previously adopted by City Council-no new amendments are proposed at this time. •The code amendments were reformatted to create a better understanding of what was adopted by the city for our customers. 2016 Building and Fire Code Local Amendments Summary •Specific to Carlsbad •Encourages, promotes and supports our desired quality of life •Local amendments are supported by our business partners and the building industry. 2016 Fire Code Adoption Local Amendments Eliminated •Many amendments previously recommended by the Fire Department have been eliminated as they are no longer needed or can be found in other state standards now. This creates a more streamlined approach to Fire Code application. 2016 Fire Code Adoption Local Amendments Eliminated •Examples: –Fire Department access requirements –Fire Protection Systems –Egress\Exiting Sustainability; Carlsbad CONSERVATION Programs •Climate Action Plan (CAP) •Water Conservation Ordinance •Recycled/Grey Water Reuse •Water Efficient Landscape Ordinance •Solid Waste Management/ Recycling •Storm Water Program •Fats Oil Grease (FOG) Ordinance The California Building and Fire Codes •Effective enforcement of the construction codes by Fire, Building and Engineering officials will insure the built environment within the City of Carlsbad is safe, sustainable and accessible to the residents, businesses and visitors, living, working and enjoying the amenities in our city. Conclusion •Staff Recommendation: –Adopt local Ordinances CS-318 and CS-319 referencing the California Building, Fire and other related construction and conservation codes.