Loading...
HomeMy WebLinkAbout2019-10-15; City Council; ; Introduce Ordinances adopting the California Fire Code and the California Building Code and related California Codes for construction and set a public hearing date for NoDiscussion Staff is proposing to adopt the 2019 California Fire Code, the 2019 California Building Code, the 2019 California Mechanical Code, the 2019 California Electrical Code, the 2019 California Plumbing Code, the 2018 Uniform Solar, Hydronics and Geothermal Code, the 2019 California Residential Code, the 2019 California Green Building Standards Code, and the 2019 California Energy Code into the Carlsbad Municipal Code, as amended. These codes are adopted by the California Building Standards Commission and are enforced statewide effective Jan. 1, 2020. Local jurisdictions are required to enforce these regulations as the minimum standards for construction throughout the State. Local amendments are also proposed with this adoption. The city's Climate Action Plan (CAP) was adopted by the City Council on Sept. 22, 2015. The CAP calls for the adoption of ordinances related to energy efficiency, renewable energy, alternative water heating and electric vehicle charging infrastructure. Implementation of these ordinances is intended to reduce greenhouse gas (GHG) emissions and assist in reaching the GHG reduction targets contained in the CAP. Amendments to the California construction codes are necessary due to the city's unique local climatic, geological, or topographical conditions or infrastructure limitations. These local amendments include carryover code provisions adopted in previous years by the City Council which are deemed necessary due to local conditions and to provide uniformity between the Municipal, Green and Residential codes. The first step in the adoption process is to introduce the required ordinances and to set the date for a public hearing for Nov. 12, 2019, at which time the City Council will consider adoption of the new ordinances. Fiscal Analysis No fee modifications are proposed by these ordinances. Next Steps Hold a public hearing on Nov. 12, 2019, and after considering all public comments, adopt the new ordinances. The 2019 California Fire and Building Codes as amended will become effective Jan. 1, 2020. Environmental Evaluation (CEQA) Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Public Notification and Outreach 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. In addition, draft copies of the proposed code amendments were distributed to key stakeholders for review and comment, including the Building Industry Association(BIA}. Oct. 15, 2019 Item #7 Page 2 of 115 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) Oct. 15, 2019 Item #7 Page 3 of 115 ORDINANCE NO. CS-363 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 2019 CALIFORNIA FIRE CODE. WHEREAS, Health & Safety Code section 17958 mandates that the City Council of the 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 2019 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, 2020; and WHEREAS, on January 1, 2020, all existing fire code adoptions and amendments of local agencies automatically revert 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 2019 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 2019 California Fire Code language. The 2019 California Fire Code language shall be used for those code sections not adopted by the State; and WHEREAS, local amendments adopted by the City Council of the City of Carlsbad shall take precedence over the 2019 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 Oct. 15, 2019 Item #7 Page 4 of 115 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 to make express findings 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 2019 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 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 2019 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 2019 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 Oct. 15, 2019 Item #7 Page 5 of 115 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 as follows: Sections: 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 Chapter 17.04 FIRE PREVENTION CODE 17.04.010 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 12 -Energy Systems -Adopted 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 Oct. 15, 2019 Item #7 Page 6 of 115 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 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 17.04.4200 17.04.430 17.04.440 17.04.450 17.04.460 17.04.470 17.04.480 17.04.490 17.04.500 17.04.510 17.04.520 17.04.010 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 California Fire Code Chapter 39 -Processing and Extraction Facilities - Adopted California Fire Code Chapter 50 -Hazardous Materials -General Provisions -Adopted 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 2019 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 2019 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 Oct. 15, 2019 Item #7 Page 7 of 115 Code to include the requirements of the California Fire Code for those occupancies not subject to the 2019 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 11, Part 2, is amended to add Section 106.6, 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 bureaube 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 3107.17 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. B. Chapter 1, Division II, Part 2, Section 110.4, 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 Oct. 15, 2019 Item #7 Page 8 of 115 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 of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. C. Chapter 1, Division 11, Part 2, Section 112.4, 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. 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. 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 Oct. 15, 2019 Item #7 Page 9 of 115 California Fire Code, Chapter 4, Emergency Planning and Preparedness, is amended to adopt only the Sections listed below: A. 401 -401.9 B. 402 C. 403.2 D. 403.5 -403.5.4 E. 403.10.2.1.1 F. 403.13 -403.13.3 G. 404.5 -404.6.6 H. 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 Zones 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 the 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 Address Identification is amended to add Section 505.1.1 as follows: Oct. 15, 2019 Item #7 Page 10 of 115 Street Numbers -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 1/2" stroke • Unit identification of multi-family residential buildings: 6" high with a ½" 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 Map 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. 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. Oct. 15, 2019 Item #7 Page 11 of 115 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 B. 1103.7.3 C. 1103.7.3.1 D. 11.3.7.8 -1103.7.8.2 E. 1103.7.9-1103.7.9.10 F. 1103.8 -1103.8.5.3 G. 1107 H. 1113 I. 1114 J. 1115 K. 1116 17.04.130 California Fire Code Chapter 12 -Energy Systems -Adopted California Fire Code, Chapter 12, Energy Systems, is adopted in its entirety without amendments. 17.04.140 California Fire Code Chapter 20 -Aviation Facilities -Adopted California Fire Code, Chapter 20, Aviation Facilities, is adopted in its entirety without amendments. 17.04.150 California Fire Code Chapter 21 -Dry Cleaning -Adopted Oct. 15, 2019 Item #7 Page 12 of 115 California Fire Code, Chapter 21, Dry Cleaning, is adopted in its entirety without amendments. 17.04.160 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. 17.04.170 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. 17.04.180 California Fire Code Chapter 24 -Flammable Finishes-Adopted California Fire Code, Chapter 24, Flammable Finishes, is adopted in its entirety without amendments. 17.04.190 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. 17.04.200 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. 17.04.210 California Fire Code Chapter 27 -Semiconductor Fabrication Facilities - Adopted California Fire Code, Chapter 27, Semiconductor Fabrication Facilities, is adopted in its entirety without amendments 17.04.220 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: 17.04.230 Adopted California Fire Code Chapter 29 -Manufacture of Organic Coatings - California Fire Code, Chapter 29, Manufacture of Organic Coatings, is adopted in its entirety without amendments. 17.04.240 California Fire Code Chapter 30 -Industrial Ovens -Adopted California Fire Code, Chapter 30, Industrial Ovens, is adopted in its entirety without amendments. Oct. 15, 2019 Item #7 Page 13 of 115 17.04.250 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. 17.04.260 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. 17.04.270 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. 17.04.280 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. 17.04.290 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. 17.04.300 California Fire Code, Chapter 36 -Marinas -Adopted California Fire Code, Chapter 36, Marinas, is adopted in its entirety without amendments. 17.04.310 California Fire Code, Chapter 37 -Combustible Fibers -Adopted California Fire Code, Chapter 37, Combustible Fibers, is adopted in its entirety without amendments. 17.04.320 Adopted California Fire Code, Chapter 39 -Processing and Extraction Facilities - California Fire Code, Chapter 39, Processing and Extraction Facilities, is adopted in its entirety without amendments. 17.04.330 California Fire Code Chapter 50 -Hazardous Materials -General Provisions California Fire Code, Chapter 50, Hazardous Materials -General Provisions, is adopted in its entirety without amendments. 17.04.340 California Fire Code Chapter 51 -Aerosols -Adopted California Fire Code, Chapter 51, Aerosols, is adopted in its entirety without amendments. 17.04.350 California Fire Code Chapter 53 -Compressed Gases -Adopted Oct. 15, 2019 Item #7 Page 14 of 115 California Fire Code, Chapter 53, Compressed Gases, is adopted in its entirety without amendments. 17.04.360 California Fire Code Chapter 54 -Corrosive Materials -Adopted California Fire Code, Chapter 54, Corrosive Materials, is adopted in its entirety without amendments. 17.04.370 California Fire Code Chapter 55 -Cryogenic Fluids -Adopted California Fire Code, Chapter 55, Cryogenic Fluids, is adopted in its entirety without amendments. 17.04.380 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 are 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. 17.04.390 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. 17.04.400 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. 17.04.410 California Fire Code Chapter 59 -Flammable Solids -Adopted California Fire Code, Chapter 59, Flammable Solids, is adopted in its entirety without amendments. 17.04.420 Adopted California Fire Code Chapter 60 -Highly Toxic and Toxic Materials - Oct. 15, 2019 Item #7 Page 15 of 115 California Fire Code, Chapter 60, Highly Toxic and Toxic Materials, is adopted in its entirety without amendments. 17.04.430 California Fire Code Chapter 61 -Liquefied Petroleum Gases -Adopted California Fire Code, Chapter 61, Liquefied Petroleum Gases, is adopted in its entirety without amendments. 17.04.440 California Fire Code Chapter 62 -Organic Peroxides -Adopted California Fire Code, Chapter 62 Organic Peroxides, is adopted in its entirety without amendments. 17.04.450 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. 17.04.460 California Fire Code Chapter 64 -Pyrophoric Materials -Adopted California Fire Code, Chapter 64, Pyrophoric Materials, is adopted in its entirety without amendments. 17.04.470 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. 17.04.480 California Fire Code Chapter 66 -Unstable (Reactive) Materials -Adopted California Fire Code, Chapter 66, Unstable (Reactive) Materials, is adopted in its entirety without amendments. 17.04.490 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. 17.04.500 California Fire Code Chapter 80 -Referenced Standards -Adopted California Fire Code, Chapter 80, Referenced Standards, is adopted in its entirety without amendments. 17.04.510 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 Bis adopted in its entirety with the following amendments: Oct. 15, 2019 Item #7 Page 16 of 115 Table B105.2 is amended to read as follows: TABLE 8105.2 REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE-AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES AUTOMATIC SPRINKLER MINIMUM FIRE-FLOW FLOW DURATION SYSTEM (gallons per minute) (hours) (Design Standard) No automatic sprinkler system Value in Table B105.1 (2) Duration in Table B105.1(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)" at the reduced flow rate Section 903.3.1.2 of the California 50% of the value in Table Duration in Table B 105.1 (2) Fire Code B105.1(2)b at the reduced flow rate For SI: 1 gallon per minute= 3.785 Um 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: 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 D107: Subsection D107.1 One-or Two-Family Residential Developments is amended to read as follows: Developments of one-or two-family dwellings where the number of dwelling units exceeds 40 shall be provided with two separate and approved fire apparatus access roads. Exceptions: 1. Deleted in entirety 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. Oct. 15, 2019 Item #7 Page 17 of 115 17.05.520 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. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and no earlier than the effective date of the 2019 California Building Standards Code, which is January 1, 2020; 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. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 15th day of October 2019, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council ofthe City of Carlsbad on the_ day of ___ ~ 2019, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Oct. 15, 2019 Item #7 Page 18 of 115 ORDINANCE NO. CS-364 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING EXISTING CARLSBAD MUNICIPAL CODE 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); AND ADOPTING NEW 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), BASED ON THE 2019 CALIFORNIA BUILDING STANDARDS CODE AND AS AMENDED HEREIN. WHEREAS, California Health and Safety Code section 17958 requires cities to adopt building regulations that are substantially the same as those adopted by the California Building Standards Commission and contained in Parts 1 through 12 of Title 24 of the California Code of Regulations, collectively known as the California Building Standards Code; and WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2019 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, 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 2019 California Mechanical Code, California Code of Regulations, Title 24, Part 4, 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 2019 California Electrical Code, California Code of Regulations, Title 24, Part 3, 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 2019 California Plumbing Code, California Code of Regulations, Title 24, Part 5, 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 2018 Uniform Solar, Hydronics and Geothermal Energy Code is in the best interest of the public and promotes the health, safety and welfare of its citizens; and Oct. 15, 2019 Item #7 Page 19 of 115 WHEREAS, the City Council of the City of Carlsbad finds that adoption of the 2019 California Residential Code, California Code of Regulations, Title 24, Part 2.5, including Appendix H and Appendix Q, 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 2019 Edition of the California Green Building Standards Code, California Code of Regulations, Title 24, Part 11, 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 2019 Edition of the California Energy Code, California Code of Regulations, Title 24, Part 6, is in the best interest of the public and promotes the health, safety and welfare of its citizens; and WHEREAS, California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards Code based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, California Green Building Standards Code Section 101.7.1 provides that local climatic, geological or topographical conditions include environmental conditions established by a city, county, or city and county; and WHEREAS, on September 22, 2015, the City Council of the City of Carlsbad approved Resolution No. 2015-244, approving the Climate Action Plan (CAP) which aims to reduce communitywide greenhouse gas emissions (GHG); and WHEREAS, on March 12, 2019, the City Council of the City of Carlsbad adopted local amendments to the California Building Standards Code Parts 6 and 11, to implement CAP measures relating to energy efficiency, renewable energy and electric vehicle charging; and WHEREAS, to remain effective and enforceable, local amendments must be adopted for each triennial update to the California Building Standards Code, including the recently-published 2019 codes, which become effective on January 1, 2020; and WHEREAS, the City Council of the City of Carlsbad has determined it is necessary to continue enforcing local amendments to Parts 2, 5, 6, and 11 of the California Building Standards Code to address local climatic, geological or topographical conditions, and to implement CAP requirements; and Oct. 15, 2019 Item #7 Page 20 of 115 WHEREAS, the City Council of the City of Carlsbad finds that each of the amendments, additions and deletions to the California Building Standards Code contained in this ordinance are reasonably necessary because of local climatic, geological or topographical conditions described in Attachment A to this ordinance; and WHEREAS, Public Resources Code Section 25402.1(h)2 and Section 10-106 of the Building Energy Efficiency Standards (Standards) establish a process which allows local adoption of energy standards that are more stringent than the statewide Standards, provided that such local standards are cost effective and the California Energy Commission finds that the standards will require buildings to be designed to consume no more energy than permitted by the California Energy Code; and WHEREAS, on August 14, 2019, the California Energy Commission approved the City of Carlsbad local amendments to energy standards, finding them to be cost-effective and will require buildings to be designed to consume no more energy than permitted by the California Energy Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. Existing Chapters 18.04, 18.08, 18.12, 18.16, 18.18, 18.20, 18.21, and 18.30 of the Carlsbad Municipal Code are repealed in their entirety. 3. New Chapter 18.04 of the Carlsbad Municipal Code is adopted 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* Section 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. * Prior ordinance history: Ord. Nos. NS-333, NS-398, NS-476, NS-559, NS-638, NS-660, and NS-869. Oct. 15, 2019 Item #7 Page 21 of 115 18.04.010 Adoption. The 2019 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, hereinafter referred to as the California Building Code, copyrighted by the International Code Council, Inc., 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 this chapter, which shall supersede the provisions of said code. 18.04.015 Sections 105.1 and 105.2 amended-Permits required. Section 105.2 of the California Building Code are amended to read as follows: 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. 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. Oct. 15, 2019 Item #7 Page 22 of 115 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: 1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. 2. 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. 3. 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. Oct. 15, 2019 Item #7 Page 23 of 115 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. 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. 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 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 therefor 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 plans 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 Oct. 15, 2019 Item #7 Page 24 of 115 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 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 of the Municipal Code shall supersede Section 106.4.4 of the California Building Code if the permit is issued pursuant to such system. Oct. 15, 2019 Item #7 Page 25 of 115 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. 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. Oct. 15, 2019 Item #7 Page 26 of 115 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, 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. 4. New Chapter 18.08 of the Carlsbad Municipal Code is adopted as follows: Sections: 18.08.010 18.08.020 Adoption. Chapter 18.08 MECHANICAL CODE* Building official designated. Oct. 15, 2019 Item #7 Page 27 of 115 18.08.030 Violations. 18.08.040 Certificate of noncompliance. 18.08.050 Permit fees. * Prior ordinance history: Ord. Nos. 8055, 8080, 8108, NS-106, NS-210, NS-335, NS-479, NS-639, and NS-870. 18.08.010 Adoption. The 2019 California Mechanical Code, California Code of Regulations, Title 24, Part 4, copyrighted by the International Association of Plumbing and Mechanical Officials, is adopted by reference as the mechanical code of the City of Carlsbad. 18.08.020 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 Mechanical Codes as amended. 18.08.030 Violations. Any person or corporation who violates any of the provisions of 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. 18.08.040 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 so notified. If a certificate of noncompliance is filed, and where the permit, inspection, and/or approval required is obtained, the building official shall file a certificate of compliance 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 (S) the right to appeal. Oct. 15, 2019 Item #7 Page 28 of 115 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. 18.08.050 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. 5. New Chapter 18.12 of the Carlsbad Municipal Code is adopted as follows: Sections: 18.12.010 18.12.020 18.12.030 18.12.080 18.12.090 18.12.100 18.12.120 18.12.130 18.12.215 18.12.220 18.12.225 18.12.227 Chapter 18.12 ELECTRICAL CODE* Adoption. Application-Scope. Building official designated. Permits-Required. Permits-Exceptions. Permits-Expiration. Permit-Scope. Permit-Application. Temporary meter sets. Cost of permit. Violations and penalties. Certificate of noncompliance. * Prior ordinance history: Ord. Nos. 8052, 8061, 8069, 8078, 8098, 8104, 1266, 8098, 8104, NS-27, NS-165, NS-336, NS- 384, NS-559, NS-640, NS-676, NS-758, and NS-871. 18.12.010 Adoption. The 2019 California Electrical Code, California Code of Regulations, Title 24, Part 3, copyrighted by the National Fire Protection Association, is adopted by reference as the electrical code for the City of Carlsbad. 18.12.020 Application-Scope. The provisions of this code shall apply to the installation, repair, operation and maintenance of all electric wiring and electrical apparatus of any nature whatsoever Oct. 15, 2019 Item #7 Page 29 of 115 whether inside or outside of any building within the city except as provided otherwise in this code. 18.12.030 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 Electrical Code. 18.12.080 Permits-Required. A. No electric wiring, devices, appliances or equipment shall be installed within or on any building, structure or premises nor shall any alteration without first securing a permit therefor from the building official except as stated in Section 18.12.090. B. Permits shall be obtained before or at the time work is started, except in cases where emergency or urgent necessity can be shown to exist provided a permit is obtained within 24 hours, exclusive of Saturdays, Sundays, and holidays. C. A separate permit shall be required for each building or structure which stands alone. D. Permits for privately-owned conduits or other materials in public places and in and across streets and alleys may be issued only after approval has been granted for the installation by the city engineer. All work shall be done in accordance with law and special regulations applicable thereto. E. Permits shall only be issued to contractors licensed by the State of California to engage in the business or act in the capacity of a contractor, relating to electrical inspection installation, and to persons holding a valid master electrician certificate of competency for work performed only on the property of his or her employer, or the owner. 18.12.090 Permits-Exceptions. A. No permit shall be required for minor repair work such as repairing flush or snap switches, replacing fuses, repairing lamp sockets and receptacles when such work is done in accordance with the provisions of this code. B. No permit shall be required for the replacement of lamps or the connection of portable appliances to suitable receptacles which have been permanently installed. C. No permit shall be required for the installation, alteration or repair of wiring, devices, appliances or equipment for the operation of signals or the transmission of intelligence (not including the control of lighting or appliance circuits) where such wiring, devices, appliances or equipment operate a voltage not exceeding 25 volts between conductors and do not include generating or transforming equipment capable of supplying more than 100 watts of energy. Oct. 15, 2019 Item #7 Page 30 of 115 D. No permit shall be required for the installation, alteration or repair of electric wiring, devices, appliances and equipment installed by or for a public service corporation in the operation of signals or the transmission of intelligence. E. No permit shall be required for the installation of temporary wiring for testing electrical apparatus or equipment. 18.12.100 Permits-Expiration. A. If the work authorized by a permit is not commenced within 180 days after issuance or if the work authorized by a permit is suspended or abandoned at any time after the work is commenced for a period of 180 days, the permit shall become void. B. Permits shall expire one year after the date of issuance unless the permit is issued for a longer period of time. C. Permits for a period longer than one year must be requested at the time of application for the original permit. Said permits will be issued for a period of time determined by the building official to be reasonably necessary to complete the work for which a permit is requested. D. An expired permit may be renewed upon payment of a fee to cover the unfinished work according to the fee schedule. 18.12.120 Permit-Scope. The permit when issued shall be for such installation as is described in the application and no deviation shall be made from the installation so described without the written approval of the building official. 18.12.130 Permit-Application. Application for permit, describing the work to be done, shall be made in writing to the building official. The application shall be accompanied by such plans, specifications and schedules as may be necessary to determine whether the installation as described will be in conformity with the requirements of this code. If it shall be found that the installation as described will in general conform with the requirements of this code, and if the applicant has complied with all of the provisions of this code, a permit for such installation shall be issued; provided however that the issuance of the permit shall not be taken as permission to violate any of the requirements of this code. Application for permits for electrical installations where the service capacity exceeds 200 amperes shall be accompanied by two sets of electrical line drawings and load distribution calculations showing service panel and branch panel capacities and locations service switch and branch switch capacities, conduit and feeder sizes. Oct. 15, 2019 Item #7 Page 31 of 115 18.12.215 Temporary meter sets. A temporary meter may be set on the permanent electrical service base for testing equipment, for lighting of interiors where outside sources do not light, or for health and safety and protection of persons. Failure to provide and comply with all provisions of this chapter shall constitute grounds for the removal of any or all meters on the project. 18.12.220 Cost of permit. The fees for each electrical permit shall be as set forth in the city's master fee schedule or by a resolution of the city council. Any person who commences any work for which a permit is required by this code without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by this section for such work; provided, however, that this provision shall not apply to emergency work when it has been proven to the satisfaction of the administrative authority that such work was urgently necessary and that it was not practical to obtain a permit therefore before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there is an unreasonable delay in obtaining such permit, a double fee as provided in this section shall be charged. 18.12.225 Violations and penalties. A. Any person or corporation who violates any of the provisions of this chapter is guilty of an infraction except for the fourth or each additional violation of a provision within one year which shall be a misdemeanor. Penalties of a violation of this chapter shall be designated in Section 1.08.010 of this code. B. The issuance or granting of a permit or approval of plans shall not prevent the building official from thereafter requiring the correction of errors in these plans and specifications, or from preventing construction operations from being carried on there under when in violation of this code or of any other ordinance, or from revoking any certificate of approval when issued in error. (Ord. CS-129 § 1, 2011) 18.12.227 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 so notified. If a certificate of noncompliance is filed, and where the permit, inspection, and/or approval required is obtained, the building official shall file a certificate of compliance with the county recorder certifying compliance. Until a certificate of compliance has been filed, all applications for grading permits, use permits, major Oct. 15, 2019 Item #7 Page 32 of 115 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. 6. New Chapter 18.16 of the Carlsbad Municipal Code is adopted as follows: Sections: Chapter 18.16 PLUMBING CODE* Article I. General Regulations 18.16.010 Adoption. 18.16.030 Building official designated. 18.16.040 Expiration of permit. 18.16.060 Standards for installation and materials. 18.16.080 Section 1622A.0 added-Bypass tees. Article II. Modifications 18.16.120 Section 106.3 amended-Violations. 18.16.125 Certificate of noncompliance. 18.16.130 Section 104.3.2 amended-Permit fees. * Prior ordinance history: Ord. Nos. 8089, 1261, 8109, NS-107, NS-170, NS-211, NS-334, NS-478, NS-559, NS-641, NS- 717, and NS-872. Oct. 15, 2019 Item #7 Page 33 of 115 18.16.010 Article I. General Regulations Adoption. The 2019 California Plumbing Code, California Code of Regulations, Title 24, Part 5, 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. 18.16.030 Building official designated. The building official or authorized representative of the city is designated as the person who shall enforce the provisions of the California Plumbing Code as amended. 18.16.040 Expiration of permit. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced a new permit shall first be obtained, and the fee therefor shall be one-half the amount required for a new permit for such work provided 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. Within the overall one-year life of a permit any failure to commence work or any suspension of work caused solely by delay incident to securing approval of a coastal development permit pursuant to Division 20 of the Public Resources Code shall not constitute part of the respective 180-day period presented for expiration of a permit. 18.16.060 Standards for installation and materials. All installations and materials shall be in conformity with the provisions of this code and with approved standards of safety as to life and property. All installations on any public or private piers or on the tidelands shall be in conformity with the provisions of this code. The disposal of the effluent must meet with the approval of the director of public health. 18.16.080 Section 1622A.0 added-Bypass tees. Section 1622A.0 is added to the California Plumbing Code to read as follows: On the effective date of this Ordinance, all new buildings where recycled water will be used for irrigation shall install on the building supply pipe a bypass tee for recycled water cross-connection shut down testing. The bypass tee shall be Oct. 15, 2019 Item #7 Page 34 of 115 constructed of copper and the size shall match the building supply pipe size approved for the building. The bypass tee shall be connected to the building supply pipe above ground and before the pressure regulator at a point just before it enters the building. Both end connections to the building supply pipe shall be made using a union. A bronze full port straight ball valve with handle shall be installed on the inlet side of the bypass tee for the building supply pipe, and sized to match the inlet tee. A bronze full port straight ball valve with tee-head and padlock wing shall be installed on the side inlet tee, which shall be threaded with a male hose thread adapter to match the building supply pipe size. The work shall be in conformance with Engineering Standard Drawing W35. All shut down tests using the bypass tee shall be conducted with a backflow prevention device to reduce potential for contamination of the potable water system. Article II. Modifications 18.16.120 Section 106.3 amended-Violations. Section 106.3 of the California Plumbing Code is amended to read as follows: Any person or corporation who violates any of the provisions of this chapter is guilty of an infraction except for the fourth or each additional violation of a provision within one year which shall be a misdemeanor. Penalties for a violation of this chapter shall be as designated in Section 1.08.010 of this code. 18.16.125 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 so notified. If a certificate of noncompliance is filed, and where the permit, inspection, and/or approval required is obtained, the building official shall file a certificate of compliance 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. Oct. 15, 2019 Item #7 Page 35 of 115 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. 18.16.130 Section 104.3.2 amended-Permit fees. Section 104.3.2 of the California Plumbing Code is amended to read as follows: The fee for each plumbing permit shall be as set forth in the city's master fee schedule or by resolution of the city council. 7. New Chapter 18.18 of the Carlsbad Municipal Code is adopted as follows: Sections: 18.18.010 18.18.020 18.18.030 18.18.040 Chapter 18.18 SOLAR ENERGY CODE* Adoption of the Uniform Solar, Hydronics and Geothermal Energy Code. Building official designated. Violations. Section 104.5 amended -Permit fees. * Prior ordinance history: Ord. Nos. NS-279 and NS-531. 18.18.010 Adoption of the Uniform Solar, Hydronics and Geothermal Energy Code. The 2018 Uniform Solar, Hydronics and Geothermal Energy Code, copyrighted by the International Association of Plumbing and Mechanical Officials, is adopted by reference as the solar energy code of the City of Carlsbad. 18.18.020 Building official designated. The building official or authorized representative of the city is designated as the person who shall enforce the provisions of the Uniform Solar, Hydronics and Geothermal Energy Code as amended. 18.18.030 Violations. Any person or corporation who violates any of the provisions of 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. Oct. 15, 2019 Item #7 Page 36 of 115 18.18.040 Section 104.5 amended -Permit fees. The fee for each permit shall be as set forth in the city's master fee schedule or by resolution of the city council. 8. New Chapter 18.20 of the Carlsbad Municipal Code is adopted as follows: Sections: 18.20.010 18.20.020 18.20.030 18.20.010 Adoption. Chapter 18.20 RESIDENTIAL CODE Building official designated. Section 1.8.4.2 amended -Permit fees. Adoption. The 2019 California Residential Code, California Code of Regulations, Title 24, Part 2.5, including Appendix Chapter Hand Q, copyrighted by the International Code Council, Inc., is adopted by reference as the residential code of the City of Carlsbad. 18.20.020 Building official designated. The building official is designated as the person who shall enforce all the provisions of the California Residential Code. 18.20.030 Section 1.8.4.2 amended -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. 9. New Chapter 18.21 of the Carlsbad Municipal Code is adopted as follows: Chapter 18.21 GREEN BUILDING STANDARDS CODE Sections: 18.21.010 Adoption. 18.21.020 Building official designated. 18.21.030 Permit fees. 18.21.120 California Green Building Standards Code Chapter 2 amended - Definitions. 18.21.140 California Green Building Standards Code Chapter 4 amended - Residential electric vehicle charging. 18.21.150 California Green Building Standards Code Chapter 5 amended - Nonresidential electric vehicle charging. Oct. 15, 2019 Item #7 Page 37 of 115 18.21.155 California Green Building Standards Code Appendix AS adopted in part and amended as mandatory requirements -Energy efficiency. 18.21.010 Adoption. The 2019 California Green Building Standards Code, California Code of Regulations, Title 24, Part 11, copyrighted by the International Code Council, Inc., together with those amendments, exceptions, additions and deletions incorporated into this chapter, is adopted by reference as the Green Building Standards Code of the City of Carlsbad. 18.21.020 Building official designated. The building official is designated as the person who shall enforce all the provisions of the California Green Building Standards Code. 18.21.030 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. 18.21.120 Definitions. California Green Building Standards Code Chapter 2 amended - Section 202 of the California Green Building Standards Code is amended to add the following definitions: EVSE CAPABLE. An electric vehicle charging space (EV space) installed with a listed raceway capable of accommodating a 208/240-volt dedicated branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or enclosure in close proximity to the proposed location of the EV spaces. Construction documents shall identify the raceway termination point. The service panel and/or subpanel shall provide capacity to install a 40-ampere minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device. EVSE INSTALLED. An electric vehicle charging space (EV space) installed with a dedicated 208/240-volt branch circuit, including a listed raceway, electrical panel capacity, overcurrent protective device, wire, and receptacle. Receptacle shall be equipped with electric vehicle supply equipment (EVSE). The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter) and is required to be continuous at enclosed, inaccessible or concealed areas and spaces. The branch circuit and associated overcurrent protective device shall be rated at 40 amperes minimum. Other electrical components, including receptacle and EVSE, related to this section shall be installed in accordance with the California Electrical Code. Oct. 15, 2019 Item #7 Page 38 of 115 EVSE READY. An electric vehicle charging space (EV space) installed with a dedicated 208/240-volt branch circuit, including a listed raceway, electrical panel capacity, overcurrent protective device, wire, and termination point such as a receptacle or blank cover. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter) and is required to be continuous at enclosed, inaccessible or concealed areas and spaces. The termination point shall be in close proximity to the proposed location of an EV charger. The branch circuit and associated overcurrent protective device shall be rated at 40 amperes minimum. Other electrical components, including a receptacle or blank cover, related to this section shall be installed in accordance with the California Electrical Code. MAJOR RESIDENTIAL RENOVATIONS. Alterations and additions to existing residential structures and construction sites where: (A) for one and two family dwellings, and townhouses with attached private garages, alterations have a building permit valuation equal to or greater than $60,000 or include an electrical service panel upgrade; or (B) for multifamily dwellings (three dwelling units or more), alterations have a building permit valuation equal to or greater than $200,000, interior finishes are removed and significant site work and upgrades to structural, mechanical, electrical, and/or plumbing systems are proposed. Significant site work as used herein means site alterations that: require a grading permit pursuant to Carlsbad Municipal Code Chapter 15.16; rehabilitate or install 2,500 square feet or more of landscaping; or repave, replace or add 2,500 square feet or more of vehicle parking and drive area. 18.21.140 California Green Building Standards Code Chapter 4 amended - Residential electric vehicle charging. A. Section 4.102 of the California Green Building Standards Code is amended to read as follows: SECTION 4.102 DEFINITIONS 4.102.1 Definitions. The following terms are defined in Chapter 2. EVSE CAPABLE. EVSE INSTALLED. EVSE READY. FRENCH DRAIN. MAJOR RESIDENTIAL RENOVATIONS. WATTLES. B. Section 4.106.4 of the California Green Building Standards Code is amended to read as follows: Oct. 15, 2019 Item #7 Page 39 of 115 4.106.4 Electric vehicle (EV) charging for new construction and major residential renovations. New construction and major residential renovations shall comply with Sections 4.106.4.1, 4.106.4.2, or 4.106.4.3, to facilitate installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. Exceptions: 1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions: 1.1 Where there is no commercial power supply. 1.2 Where there is evidence substantiating that meeting the requirements will alter the local utility infrastructure design requirements on the utility side of the meter so as to increase the utility side cost to the homeowner or the developer by more than $400.00 per parking space. 2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities. 3. Where major residential renovations for one and two-family dwellings, and townhouses with attached private garages, do not include an electrical service panel upgrade, the requirements of Section 4.106.4.1 shall apply to the maximum extent that does not require an electrical service panel upgrade. 4. In major residential renovations, where there is evidence substantiating that meeting the requirements of this section presents an unreasonable hardship or is technically infeasible, the building official may consider an appeal from the project sponsor to reduce the number of EV spaces required or provide for EV charging elsewhere. 4.106.4.1 New one-and two-family dwellings, townhouses with attached private garages, and major residential renovations. For each dwelling unit, install one EVSE Ready space. 4.106.4.1.1 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device designated for future EV charging purposes as "EV READY" in accordance with the California Electrical Code. The receptacle or blank cover shall be identified as "EV READY". 4.106.4.2 New multifamily dwellings and major residential renovations. If residential parking is available, ten (10) percent of the total number of parking Oct. 15, 2019 Item #7 Page 40 of 115 spaces on a building site provided for all types of parking facilities shall be electric vehicle charging spaces (EV spaces) capable of supporting installed and future EVSE. Calculations for the required number of EV spaces and EVSE Installed spaces shall be rounded up to the nearest whole number. Notes: 1. Construction documents are intended to demonstrate the project's capability and capacity for facilitating future EV charging. 2. Except for EVSE Installed spaces, there is no requirement for EV spaces to be constructed or available until EV chargers are installed for use. 4.106.4.2.1 Electric vehicle charging space (EV space) locations. Construction documents shall indicate the location of proposed EV spaces. Where common use parking is provided at least one EVSE Installed space shall be located in the common use parking area and shall be available for use by all residents. 4.106.4.2.1.1 Electric vehicle charging stations (EVCS). When EV chargers are installed, EV spaces required by Section 4.106.4.2.2, Item 3, shall comply with at least one of the following options: 1. The EV space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space. 2. The EV space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building. Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.2.1.1 and Section 4.106.4.2.2, Item 3. Note: Electric vehicle charging stations serving public housing are required to comply with the California Building Code, Chapter 11B. 4.106.4.2.2 Electric vehicle charging space (EV space) dimensions. The EV spaces shall be designed to comply with the following: 1. The minimum length of each EV space shall be 18 feet (5486 mm). 2. The minimum width of each EV space shall be 9 feet (2743 mm). Oct. 15, 2019 Item #7 Page 41 of 115 3. One in every 25 EV spaces, but not less than one, shall also have an 8-foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet {3658 mm). a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction. 4.106.4.2.3 Single EV space required. When a single EV space is required, it shall be an EVSE Installed space. 4.106.4.2.4 Multiple EV spaces required. When multiple EV spaces are required, fifty (SO) percent, but in no case less than one, shall be EVSE Installed spaces. The remainder of the required EV spaces may be EVSE Installed, EVSE Ready, or EVSE Capable spaces. 4.106.4.2.4.1 Construction Documents. Construction documents shall indicate the raceway termination point and proposed location of future EV spaces and EV chargers. Construction documents shall also provide information on amperage of future EVSE, raceway method(s), wiring schematics and electrical load calculations to verify that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at the full rated amperage of the EVSE. Plan design shall be based upon a 40-ampere minimum branch circuit. Raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction. 4.106.4.2.5 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as "EV CAPABLE" in accordance with the California Electrical Code. 4.106.4.3 New hotels and motels. All newly constructed hotels and motels shall provide EV spaces capable of supporting installed and future installation of EVSE. The construction documents shall identify the location of the EV spaces. Notes: 1. Construction documents are intended to demonstrate the project's capability and capacity for facilitating future EV charging. 2. Except for EVSE Installed spaces, there is no requirement for EV Oct. 15, 2019 Item #7 Page 42 of 115 spaces to be constructed or available until EV chargers are installed for use. 4.106.4.3.1 Number of required EV spaces. The number of required EV spaces and EVSE Installed spaces shall be based on the total number of parking spaces provided for all types of parking facilities in accordance with Table 4.106.4.3.1. Calculations for the required number of EV spaces and EVSE Installed spaces shall be rounded up to the nearest whole number. TABLE 4.106.4.3.1 TOTAL NUMBER OF NUMBER OF REQUIRED EV NUMBER OF REQUIRED PARKING SPACES 0-9 10-25 26-50 51-75 76-100 101-150 151-200 201 and over SPACES EVSE INSTALLED SPACES 1 1 2 1 4 2 6 3 9 5 12 6 17 9 10 percent of total 50 percent of required EV spaces 4.106.4.3.2 Electric vehicle charging space (EV space) dimensions. The EV spaces shall be designed to comply with the following: 1. The minimum length of each EV space shall be 18 feet (5486 mm). 2. The minimum width of each EV space shall be 9 feet (2743 mm). 4.106.4.3.3 Single EV space required. When a single EV space is required, it shall be an EVSE Installed space. 4.106.4.3.4 Multiple EV spaces required. When multiple EV spaces are required per Table 4.106.4.3.1, the corresponding number of EVSE Installed spaces are required to be installed at the time of construction. The remainder of the EV spaces required per Table 4.106.4.3.1 may be EVSE Installed, EVSE Ready, or EVSE Capable spaces. 4.106.4.3.4.1 Construction documents. Construction documents shall indicate the raceway termination point and proposed location of future EV spaces and EV chargers. Construction documents shall also provide information on amperage of future EVSE, raceway method(s), wiring schematics and electrical load calculations to verify that the electrical panel service capacity and electrical system, including any on-site Oct. 15, 2019 Item #7 Page 43 of 115 18.21.150 distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at the full rated amperage of the EVSE. Plan design shall be based upon a 40-ampere minimum branch circuit. Raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction. 4.106.4.3.5 Identification. The service panels or subpanels shall be identified in accordance with Section 4.106.4.2.5. 4.106.4.3.6 Accessible EV spaces. In addition to the requirements in Section 4.106.4.3, EV spaces for hotels/motels and all EVSE, when installed, shall comply with the accessibility provisions for EV charging stations in the California Building Code, Chapter llB. California Green Building Standards Code Chapter 5 amended - Nonresidential electric vehicle charging. A. Section 5.102 of the California Green Building Standards Code is amended to read as follows: SECTION 5.102 DEFINITIONS 5.102.1 Definitions. The following terms are defined in Chapter 2. CUTOFF LUMINAIRES. EVSE CAPABLE. EVSE INSTALLED. EVSE READY. LOW-EMITTING AND FUEL EFFICIENT VEHICLES. NEIGHBORHOOD ELECTRIC VEHICLES. TENANT-OCCUPANTS. VANPOOL VEHICLE. ZEV. B. Section 5.106.5.3 of the California Green Building Standards Code is amended to read as follows: 5.106.5.3 Electric vehicle (EV) charging. [NJ Construction shall comply with Section 5.106.5.3.1 or Section 5.106.5.3.2 to facilitate installation and future installation of electric vehicle supply equipment (EVSE). When EVSE(s) is/are installed, it shall be in accordance with the California Building Code, the Oct. 15, 2019 Item #7 Page 44 of 115 California Electrical Code and as follows: 5.106.5.3.1 Single charging space requirements. [N] When only a single charging space is required per Table 5.106.5.3.3, one EVSE Installed space shall be installed in accordance with the California Electrical Code. 5.106.5.3.2 Multiple charging space requirements. [N] When multiple EV spaces are required per Table 5.106.5.3.3, the corresponding number of EVSE Installed spaces are required to be installed at the time of construction and shall be installed in accordance with the California Electrical Code. The remainder of the EV spaces required per Table 5.106.5.3.3 may be EVSE Installed, EVSE Ready, or EVSE Capable spaces. 5.106.5.3.2.1 Construction documents. Construction plans and specifications shall include, but are not limited to, the following: 1. The type and location of the EVSE. 2. The raceway(s) shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the charging equipment and into listed suitable cabinet(s), box(es), enclosure(s) or equivalent. 3. Plan design shall be based upon 40-ampere minimum branch circuits. 4. Electrical calculations shall substantiate the design of the electrical system, to include the rating of equipment and any on- site distribution transformers and have sufficient capacity to simultaneously charge all required EVs at its full rated amperage. 5. The service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE. 5.106.5.3.3 EV charging space calculation. [N] Table 5.106.5.3.3 shall be used to determine if single or multiple charging space requirements apply for the installation and future installation of EVSE. Exceptions: On a case-by-case basis where the local enforcing agency has determined EV charging and infrastructure is not feasible based upon one or more of the following conditions: 1. Where there is insufficient electrical supply. 2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design Oct. 15, 2019 Item #7 Page 45 of 115 TOTAL NUMBER OF requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project. TABLE 5.106.5.3.3 NUMBER OF REQUIRED EV NUMBER OF REQUIRED ACTUAL PARKING SPACES SPACES EVSE INSTALLED SPACES 0-9 1 1 10-25 2 1 26-50 4 2 51-75 6 3 76-100 9 5 101-150 12 6 151-200 17 9 201 and over 10 percent of total1 50 percent of required EV spaces1 1. Calculation for EV spaces and EVSE Installed spaces shall be rounded up to the nearest whole number. 5.106.5.3.4 [N] Identification. The service panel or subpanel(s) circuit directory shall identify the reserved overcurrent protective device space(s) for future EV charging as "EV CAPABLE". The raceway termination location shall be permanently and visibly marked as "EV CAPABLE." 5.106.5.3.5 [N] Future charging spaces qualify as designated parking as described in Section 5.106.5.2 Designated parking for clean air vehicles. 18.21.155 California Green Building Standards Code Appendix AS adopted in part and amended as mandatory requirements -Energy efficiency. California Green Building Standards Code Appendix AS -Nonresidential Voluntary Measures, Division AS.2 -Energy Efficiency, Sections AS.201, AS.202, Subsections AS.203.1.1 (Tier 1 Prerequisites) through AS.203.1.2.1 Tier 1, and Sections AS.211 through AS.213, are adopted and amended herein as mandatory requirements for construction of nonresidential, high-rise residential, hotels/motels, and alterations thereto having a building permit valuation of at least $200,000.00 or additions of at least 1,000 square feet. A. Section AS.203.1.1.2 of the California Green Building Standards Code is amended to read as follows: AS.203.1.1.2 Service water heating in restaurants. Newly constructed restaurants shall comply with California Energy Code Section 140.5. B. Section AS.211 of the California Green Building Standards Code is amended to read Oct. 15, 2019 Item #7 Page 46 of 115 as follows: A5.211.1 On-site renewable energy. Use on-site renewable energy sources such as solar, wind, geothermal, low-impact hydro, biomass and bio-gas for at least 1 percent of the electric power calculated as the product of the building service voltage and the amperage specified by the electrical service overcurrent protection device rating or 1 kW, (whichever is greater), in addition to the electrical demand required to meet 1 percent of the natural gas and propane use. The building project's electrical service overcurrent protection device rating shall be calculated in accordance with the California Electrical Code. Natural gas or propane use is calculated in accordance with the California Plumbing Code. A5.211.1.1 Documentation. Using a calculation method approved by the California Energy Commission, calculate the renewable on-site energy system to meet the requirements of Section AS.211.1, expressed in kW. Factor in net-metering, if offered by local utility, on an annual basis. A5.211.3 Green power. If offered by local utility provider, participate in a renewable energy portfolio program that provides a minimum of 50 percent electrical power from renewable sources. Maintain documentation through utility billings. Exception to A5.211.l, A5.211.1.1 and A5.211.3: All new nonresidential, high-rise residential, and hotel/motel buildings, and alterations thereto having a building permit valuation of at least $1,000,000 and affecting at least 75 percent of existing floor area, or alterations that increase roof size by at least 2,000 square feet, shall instead comply with California Energy Code Section 120.10. 10. New Chapter 18.30 of the Carlsbad Municipal Code is adopted as follows: Sections: 18.30.010 18.30.020 18.30.030 18.30.050 18.30.130 18.30.150 Chapter 18.30 ENERGY CONSERVATION REGULATIONS Adoption. Purpose and application. Building official designated. Permit fees. California Energy Code Subchapter 3 amended-Nonresidential photovoltaic system required. California Energy Code Subchapters 3 and 5 amended-Nonresidential water heating requirements. Oct. 15, 2019 Item #7 Page 47 of 115 18.30.170 California Energy Code Subchapters 7 and 8 amended-Residential water heating requirements. 18.30.190 California Energy Code Section Subchapter 9 amended-Energy efficiency in existing residential buildings. 18.30.010 Adoption. The 2019 California Energy Code, California Code of Regulations, Title 24, Part 6, copyrighted by the International Code Council, Inc., together with those amendments, exceptions, additions and deletions incorporated into this chapter, is adopted by reference as the energy conservation regulations for the City of Carlsbad. 18.30.020 Purpose and application. This chapter is intended to decrease dependence upon nonrenewable energy sources by encouraging and in some instances requiring the installation of devices, structures or materials for the conservation of energy on certain structures within the city. The provisions of this chapter are intended to supplement other regulations and requirements imposed by this title. 18.30.030 Building official designated. The building official or authorized representative of the city is designated as the person who shall enforce the provisions of the California Energy Code as amended. 18.30.050 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. 18.30.130 California Energy Code Subchapter 3 amended-Nonresidential photovoltaic system required. Section 120.10 is added to the California Energy Code as follows: SECTION 120.10 NONRESIDENTIAL PHOTOVOLTAIC SYSTEM REQUIRED All new nonresidential, high-rise residential, and hotel/motel buildings shall comply with the requirements of Section 120.l0(a) or 120.lO(b). Additions to existing nonresidential, high-rise residential, and hotel/motel buildings where the total roof area is increased by at least 2,000 square feet, and alterations to existing nonresidential, high-rise residential, and hotel/motel buildings with a permit valuation of at least $1,000,000 that affect at least 75 percent of the gross floor area shall also comply with the requirements of Section 120.lO(a) or (b). Oct. 15, 2019 Item #7 Page 48 of 115 The required installation of a photovoltaic (PV) system shall be sized according to one of the following methods: (a) Based on gross floor area. 1. Buildings with greater than or equal to 10,000 square feet of gross floor area shall install a minimum PV system sized at 15 kilowatts direct current (kWdc) per 10,000 square feet of gross floor area. Note to Section 120.l0(a)l: PV system size= 15 kWdc X Building Size Factor, where the Building Size Factor (BSF) shall equal gross floor area/ 10,000 sq. ft., rounded to the nearest tenth. The resulting product shall then be rounded to the nearest whole number. For example, a 126,800 square foot building shall require a minimum 191 kilowatt (kWdc) PV system, as follows: PV system size= 15 kWdc X BSF, where BSF = 126,800 s.f. / 10,000 s.f. => 12.7 (rounded) 15 kWdc X 12.7 => 191 kWdc (rounded) 2. Buildings under 10,000 square feet of gross floor area shall install a minimum 5 kilowatt (kWdc) PV system. Note to Section 120.10(a)2: Applicants are encouraged to right-size the PV system based on the building's electrical demand to improve the system's cost effectiveness. (b) Based on Time Dependent Valuation (TDV). Install a solar PV system that will offset 80 percent of the building's TDV energy on an annual basis. The system sizing requirement shall be based upon total building TDV energy use including both conditioned and unconditioned space and calculated using modeling software or other methods approved by the building official. Exception 1 to Section 120.10: The building official may waive or reduce, by the maximum extent necessary, the provisions of this Section if the Official determines there are sufficient practical challenges to make satisfaction of the requirements infeasible. Practical challenges may be a result of the building site location, limited rooftop availability, or shading from nearby structures, topography or vegetation. The applicant is responsible for demonstrating requirement infeasibility when applying for an exemption. Exception 2 to Section 120.10: The building official may waive or reduce, by the maximum extent necessary, the provisions of this Oct. 15, 2019 Item #7 Page 49 of 115 Section if the Official determines the building has satisfied the purpose and intent of this provision through the use of alternate on-site renewable generation systems such as wind energy systems. 18.30.150 California Energy Code Subchapters 3 and 5 amended-Nonresidential water heating requirements. A. Section 120.11 is added to the California Energy Code as follows: SECTION 120.11 NONRESIDENTIAL MANDATORY REQUIREMENTS FOR SERVICE WATER HEATING SYSTEMS Any newly constructed nonresidential building shall derive its service water heating from a system that provides at least 40 percent of the energy needed for service water heating from on-site solar energy or recovered energy. Solar energy includes solar photovoltaics and solar-water heating systems. Exception to Section 120.11: Buildings for which the building official has determined that service water heating from on-site solar energy or recovered energy is economically or physically infeasible. Applicant is responsible for demonstrating requirement infeasibility when applying for an exemption. B. Section 140.5 of the California Energy Code is amended to read as follows: SECTION 140.5 PRESCRIPTIVE REQUIREMENTS FOR SERVICE WATER HEATING SYSTEMS (a) Nonresidential occupancies. A service water-heating system installed in a nonresidential building shall comply with the applicable requirements of Sections 110.1, 110.3, 120.3, and 120.11. In addition, a service water-heating system shall meet the requirements of 1, 2, or 3 below: 1. A heat pump water heater. The storage tank shall be located in a conditioned space. 2. An electric resistance water heater. 3. A solar water-heating system with a minimum solar savings fraction of 0.40. Solar water-heating systems and collectors shall be certified and rated by the Solar Rating and Certification Corporation (SRCC), the International Association of Plumbing and Mechanical Officials, Research and Testing (IAPMO R& T), or by a listing agency that is approved by the Executive Director. (b) High-rise residential and Hotel/Motel occupancies. A service water heating Oct. 15, 2019 Item #7 Page 50 of 115 system installed in a high-rise residential or hotel/motel building shall meet the requirements of either 1, 2, or 3. For recirculation distribution systems serving individual dwelling units, only Demand Recirculation Systems with manual on/off control as specified in the Reference Appendix RA4.4.9 shall be used: 1. For systems serving individual dwelling units, the water heating system shall meet the requirement of either A, B, or C: A. A single heat pump water heater. The storage tank shall be located in the garage or conditioned space. In addition, one of the following: i. A compact hot water distribution system as specified in the Reference Appendix RA4.4.6 and a drain water heat recovery system that is field verified as specified in the Reference Appendix RA3.6.9; or ii. A photovoltaic system of 0.3 kWdc larger than the requirement specified in Section 120.10. B. A single heat pump water heater that meets the requirements of NEEA Advanced Water Heater Specification Tier 3 or higher. The storage tank shall be located in the garage or conditioned space. C. A solar water-heating system meeting the installation criteria specified in Reference Residential Appendix RA4 and either a minimum solar savings fraction of 0.60 or a minimum 40 square feet of collectors. 2. For systems serving multiple dwelling units, a central water-heating system that includes the following components shall be installed: A. Gas or propane water heating system; and B. A recirculation system that meets the requirements of Sections 110.3(c)2 and 110.3(c)S, includes two or more separate recirculation loops serving separate dwelling units, and is capable of automatically controlling the recirculation pump operation based on measurement of hot water demand and hot water return temperature; and EXCEPTION to Section 140.S(b)2B: Buildings with eight or fewer dwelling units may use a single recirculation loop. C. A solar water-heating system meeting the installation criteria specified in Reference Residential Appendix RA4 and with a minimum solar savings fraction of either i or ii below: i. A minimum solar savings fraction of 0.20; or Oct. 15, 2019 Item #7 Page 51 of 115 ii. A minimum solar savings fraction of 0.15. In addition, a drain water heat recovery system that is field verified as specified in the Reference Appendix RA3.6.9. 3. A water-heating system serving multiple dwelling units determined by the Executive Director to use no more energy than the one specified in paragraph 2 above. 18.30.170 California Energy Code Subchapters 7 and 8 amended -Residential water heating requirements. A. Section 150.0(n) of the California Energy Code is amended to read as follows: SECTION 150.0 MANDATORY FEATURES AND DEVICES (n) Water Heating System. 1. Systems using gas or propane water heaters to serve individual dwelling units shall include the following components: A. A dedicated 125 volt, 20 amp electrical receptacle that is connected to the electric panel with a 120/240 volt 3 conductor, 10 AWG copper branch circuit within 3 feet from the water heater and accessible to the water heater with no obstructions. In addition, all of the following: i. Both ends of the unused conductor shall be labeled with the word "spare" and be electrically isolated; and ii. A reserved single pole circuit breaker space in the electrical panel adjacent to the circuit breaker for the branch circuit in A above and labeled with the words "Future 240V Use"; and B. A Category Ill or IV vent, or a Type B vent with straight pipe between the outside termination and the space where the water heater is installed; and C. A condensate drain that is no more than 2 inches higher than the base of the installed water heater, and allows natural draining without pump assistance, and D. A gas supply line with a capacity of at least 200,000 Btu/hr. 2. Water heating recirculation loops serving multiple dwelling units shall meet the requirements of Section 110.3(c)5. Oct. 15, 2019 Item #7 Page 52 of 115 3. Solar water-heating systems and collectors shall be certified and rated by the Solar Rating and Certification Corporation (SRCC), the International Association of Plumbing and Mechanical Officials, Research and Testing (IAPMO R& T), or by a listing agency that is approved by the Executive Director. 4. Instantaneous water heaters with an input rating greater than 6.8 kBTU/hr (2kW) shall meet the requirements of Section 110.3(c)7. 5. Any newly constructed residential building shall derive its service water heating from a system that provides at least 60 percent of the energy needed for service water heating from on-site solar energy or recovered energy. Solar energy includes solar photovoltaics and solar-water heating systems. EXCEPTION to Section 150.0(n)S: Buildings for which the building official has determined that service water heating from on-site solar energy or recovered energy is economically or physically infeasible. Applicant is responsible for demonstrating requirement infeasibility when applying for an exemption. B. Section 150.l(c)8 of the California Energy Code is amended to read as follows: SECTION 150.1 PERFORMANCE AND PRESCRIPTIVE COMPLIANCE APPROACHES FOR LOW-RISE RESIDENTIAL BUILDINGS 8. Domestic Water-Heating Systems. Water-heating systems shall meet the requirements of either A, B, or C. For recirculation distribution systems serving individual dwelling units, only Demand Recirculation Systems with manual on/off control as specified in the Reference Appendix RA4.4.9 shall be used: A. For systems serving individual dwelling units, the water heating system shall meet the requirement of either i, ii, or iii: i. A single heat pump water heater. The storage tank shall be located in the garage or conditioned space. In addition, one of the following: a. A compact hot water distribution system as specified in the Reference Appendix RA4.4.6 and a drain water heat recovery system that is field verified as specified in the Reference Appendix RA3.6.9; or b. A photovoltaic system capacity of 0.3 kWdc larger than the requirement specified in Section 150.l(c)14. Oct. 15, 2019 Item #7 Page 53 of 115 ii. A single heat pump water heater that meets the requirements of NEEA Advanced Water Heater Specification Tier 3 or higher. The storage tank shall be located in the garage or conditioned space. iii. A solar water-heating system meeting the installation criteria specified in Reference Residential Appendix RA4 and either a minimum solar savings fraction of 0.60 or a minimum 40 square feet of collectors. B. For systems serving multiple dwelling units, a central water-heating system that includes the following components shall be installed: i. Gas or propane water heating system; and ii. A recirculation system that meets the requirements of Sections 110.3(c)2 and 110.3(c)S, includes two or more separate recirculation loops serving separate dwelling units, and is capable of automatically controlling the recirculation pump operation based on measurement of hot water demand and hot water return temperature; and EXCEPTION to Section 150.l(c)SBii: Buildings with eight or fewer dwelling units may use a single recirculation loop. iii. A solar water-heating system meeting the installation criteria specified in Reference Residential Appendix RA4 and with a minimum solar savings fraction of either a orb below: a. A minimum solar savings fraction of 0.20; or b. A minimum solar savings fraction of 0.15. In addition, a drain water heat recovery system that is field verified as specified in the Reference Appendix RA3.6.9. C. A water-heating system serving multiple dwelling units determined by the Executive Director to use no more energy than the one specified in subparagraph B above. 18.30.190 California Energy Code Section Subchapter 9 amended -Energy efficiency in existing residential buildings. Section 150.2 of the California Energy Code is amended to add paragraph (d) as follows: (d) All additions and alterations of residential buildings with a building permit valuation of $60,000 or higher shall include one of the following energy efficiency measures: Oct. 15, 2019 Item #7 Page 54 of 115 1. Additions and alterations of single family residential buildings built before 1978 shall include one of the following: A. Duct sealing pursuant to 2019 Title 24 Section 150.2(b)1E without verification by a Home Energy Rating System (HERS) rater. All exceptions as stated in 2019 Title 24 Section 150.2(b)1E are allowed. Projects that require duct sealing as part of an HVAC alteration or replacement must meet all of the requirements of Title 24, Part 6, including HERS rater verification. B. Attic insulation with a minimum of R-38 rating. Buildings without vented attic spaces and buildings with existing attic insulation levels greater than R-5 are exempt from this attic insulation energy efficiency measure. C. Cool roof with an aged solar reflectance of greater than or equal to 0.25 and a thermal emittance of greater than or equal to 0. 75. All exceptions as stated in 2019 Title 24 Section 150.2(b)lli for steep slope roofs and 150.2(b)llii for low slope roofs are allowed. Only areas of roof that are to be re-roofed subject to the cool roof upgrade. Projects that are not installing a new roof as part of the scope are exempt from this cool roof energy efficiency measure. 2. Additions and alterations of single family residential buildings built in 1978 or after shall include one of the following: A. A lighting package consisting of: i. Replacement of all interior and exterior screw-in (A-base) incandescent and halogen lamps with screw-in LED lamps; and, ii. Installation of manual-on automatic-off vacancy sensors that meet Title 24 Section 110.9(b)4 in all bathrooms, bedrooms, offices, laundry rooms, utility rooms, and garages. Spaces which already include vacancy sensors, motions sensors, or dimmers do not need to install new Title 24 Section 110.9(b)4 sensors. B. A water heating package consisting of: i. Addition of exterior insulation meeting a minimum of R-6 to storage water heaters 20 gallons are larger in size, except if insulation installation would void the water heater warranty; and, ii. Insulation of all accessible hot water pipes with pipe insulation a minimum of 0.75 inches in thickness. This includes insulating the supply pipe leaving the water heater, piping to faucets underneath sinks, and accessible pipes in attic spaces and crawlspaces; and, Oct. 15, 2019 Item #7 Page 55 of 115 iii. Upgrading of fitting in sinks and showers to meet current CALGreen (Title 24, Part 11 of the California Building Code) standards, except for fixtures with rated flow rates no more than 10 percent greater than current CALGreen standards. 3. Additions and alterations of multi-family residential buildings built before 1978 shall include attic insulation with a minimum of R-38 rating. Buildings without vented attic spaces and buildings with existing attic insulation levels greater than R-5 are exempt from this attic insulation energy efficiency measure. 4. Additions and alterations of multi-family residential buildings built between 1978 and 1991 shall include one of the following: A. Duct sealing pursuant to 2019 Title 24 Section 150.2(b)1E without verification by a HERS rater. All exceptions as stated in 2019 Title 24 Section 150.2(b)1E are allowed. Projects that require duct sealing as part of an HVAC alteration or replacement must meet all of the requirements of Title 24, Part 6, including HERS rater verification. B. Attic insulation with a minimum of R-38 rating. Buildings without vented attic spaces and buildings with existing attic insulation levels greater than R-5 are exempt from this attic insulation energy efficiency measure. C. Cool roof with an aged solar reflectance of greater than or equal to 0.25 and a thermal emittance of greater than or equal to 0.75. All exceptions as stated in 2019 Title 24 Section 150.2(b)lli for steep slope roofs and 150.2(b)llii for low slope roofs are allowed. Only areas of roof that are to be re-roofed are subject to the cool roof upgrade. Projects that are not installing a new roof as part of the scope are exempt from this cool roof energy efficiency measure. 5. Additions and alterations of multi-family residential buildings built after 1991 shall include one of the following: A. A lighting package consisting of: i. Replacement of all interior and exterior screw-in (A-base) incandescent and halogen lamps with screw-in LED lamps; and, ii. Installation of manual-on automatic-off vacancy sensors that meet Title 24 Section 110.9(b)4 in all bathrooms, bedrooms, offices, laundry rooms, utility rooms, and garages. Spaces which already include vacancy sensors, motions sensors, or dimmers do not need to install new Title 24 Section 110.9(b)4 sensors. Oct. 15, 2019 Item #7 Page 56 of 115 Ill Ill Ill Ill Ill Ill Ill Ill B. A water heating package consisting of: i. Addition of exterior insulation meeting a minimum of R-6 to storage water heaters 20 gallons are larger in size, except for buildings with central water heating systems or if insulation installation would void the water heater warranty; and, ii. Insulation of all accessible hot water pipes with pipe insulation a minimum of 0.75 inches in thickness. This includes insulating the supply pipe leaving the water heater, piping to faucets underneath sinks, and accessible pipes in attic spaces and crawlspaces; and, iii. Upgrading of fittings in sinks and showers to meet current CALGreen standards, except for fixtures with rated flow rates no more than ten percent greater than current CALGreen standards. Note: To the extent the provisions of Section 150.2(d) conflict with other provisions of the California Energy Code, then the most energy conserving provisions shall supersede and control. Exception to Section 150.2(d}: The requirement for inclusion of energy efficiency measures does not apply to residential buildings that receive a rating of seven (7) or higher on the U.S. Department of Energy's Home Energy Score rating system based upon an assessment by a Home Energy Score Certified Assessor, to the satisfaction of the building official. Oct. 15, 2019 Item #7 Page 57 of 115 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and no earlier than the effective date of the 2019 California Building Standards Code, which is January 1, 2020; 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. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 15th day of October 2019, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ _, 2019, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Oct. 15, 2019 Item #7 Page 58 of 115 Attachment "A" to Ordinance No. CS-364 FINDINGS FOR LOCAL AMENDMENTS TO 2019 CALIFORNIA BUILDING CODE 2019 CALIFORNIA ENERGY CODE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE California Health and Safety Code Section 17958 provides that the city may make changes to the provisions in the uniform codes that are published in the California Building Standards Code. Health and Safety Code Sections 17958.5, 17958.7 and 18941.5 require that for each proposed local change to those provisions in the uniform codes and published in the California Building Standards Code which regulate buildings used for human habitation, the city council must make findings supporting its determination that each such local change is reasonably necessary because of local climatic, geological, or topographical conditions. Furthermore, California Green Building Standards Code Section 101.7.1 provides that local climatic, geological or topographical conditions include environmental conditions established by a city, county, or city and county. California Building Code (Title 24 CCR, Part 2) Section Title Add Amend Justification 105.1 Required ✓ A 105.2 Work exempt from permit ✓ C,T 105.3.1 Building permit issuance ✓ A 105.3.2 Expiration of plan review ✓ A 105.5 Expiration ✓ A 109 Permit fees ✓ A 1501 Class A roof ✓ C, T California Plumbing Code (Title 24 CCR, Part 5) Section Title Add Amend Justification 104.3.2 Permit fees ✓ A 106.3 Violations ✓ A 1622A.0 Bypass tees ✓ C, T,E Oct. 15, 2019 Item #7 Page 59 of 115 Attachment "A" to Ordinance No. CS-364 California Energy Code (Title 24 CCR, Part 6) Section Title Add Amend Justification 120.10 Nonresidential photovoltaic system ✓ C, T, E required Nonresidential mandatory 120.11 requirements for service water ✓ C, T, E heating systems 140.5 Prescriptive requirements for service ✓ C, T, E water heating systems 150.0(n) Mandatory features and devices -✓ C, T, E water heating systems Performance and prescriptive 150.1(c)8 compliance approaches for low-rise ✓ C, T, E residential buildings -domestic water heating systems 150.2(d) Energy efficiency in existing residential ✓ C, T,E buildings California Green Building Standards Code (Title 24 CCR, Part 11) Section Title Add Amend Justification 202 Definitions ✓ C, T, E 4.102.1 Definitions ✓ C, T, E Electric vehicle (EV) charging for new C, T, E 4.106.4 construction and major residential ✓ renovations 5.102.1 Definitions ✓ C, T, E 5.106.5.3 Electric vehicle charging ✓ C, T, E Appendix AS, Energy efficiency ✓ ✓ C, T, E Division 5.2 AS.203.1.1.2 Service water heating in restaurants ✓ C, T, E AS.211 On-site renewable energy ✓ C, T, E Key to Justification for Amendments to Title 24 of the California Code of Regulations C This amendment is justified on the basis of a local climatic condition. Carlsbad has many brush- covered hillsides and protected natural open space areas adjacent to developed areas. Though relatively moderate compared to inland portions of the region, the seasonal climatic conditions during the late summer and fall in Carlsbad are characterized by frequent Santa Ana weather patterns. Santa Ana conditions are dry, hot, strong and gusty winds that produce extreme dryness and some of the highest winds in San Diego County, have fanned the region's most Oct. 15, 2019 Item #7 Page 60 of 115 Attachment "A" to Ordinance No. CS-364 catastrophic wildfires and can impact public health in the populated coastal zone by the extreme heat and occasional smoke.1 Carlsbad has experienced larger increases in annual temperature than other parts of the state. Compared to the first six decades of the 20th century, annual temperatures have increased by more than 1 °F in many parts of the state, with some areas (including the San Diego region) exceeding 2°F. 2 This heating is expected to continue well into the future, with estimates ranging between 4-6°F and 7-9°F by the end of the century. 3 T This amendment is justified on the basis of a local topographical condition. Carlsbad has many large brush-covered hillsides and steep natural canyon terrain where accessibility for firefighting equipment and fire prevention measures is limited or impossible. These topographic conditions create extreme fire danger. Carlsbad has six and a half miles of beaches, three lagoons, several creeks and other low-lying areas prone to flooding. The San Diego Multi-jurisdictional Hazard Mitigation Plan ranks coastal storm, erosion and flooding among the top five hazards for Carlsbad, with potential property loss exposure approaching $200 million dollars.4 There is broad scientific consensus that the earth will continue to warm and that sea levels will rise as a result of thermal expansion of the oceans and increased contributions from melting glaciers. By the end of the century, sea level could rise by 1.7 to 6.6 feet, inundating beaches and impacting miles of roads and public accesses, the state campgrounds, hundreds of properties, and more than 1,000 acres of environmentally sensitive lands in Carlsbad.5 E This amendment is justified on the basis of local environmental conditions. Sustainability is a core value of the Community Vision, and an intrinsic part of the Carlsbad General Plan. Energy efficiency enhances the public health and welfare by promoting the environmental and economic health of the city through incorporating green practices into the design, construction, maintenance and operation of new and existing buildings. Installation of renewable energy systems to provide a building's energy and water heating needs enhances the public health and welfare by reducing air pollution and greenhouse gas (GHG) emissions that come from fossil fuel combustion. Providing charging infrastructure for electric vehicles will reduce air pollution and GHG emissions by facilitating increased use of zero emission vehicles. The amendments to the California Green Building Standards Code are reasonably necessary to achieve the following goals of the General Plan Sustainability Element and Carlsbad Climate Action Plan: 1 Kalansky, Julie, Dan Cayan, Kate Barba, Laura Walsh, Kimberly Brouwer, Dani Boudreau. (University of California, San Diego). 2018. San Diego Summary Report. California's Fourth Climate Change Assessment, p.27. 2 Bedsworth, Louise, Dan Cayan, Guido Franco, Leah Fisher, Sonya Ziaja. (California Governor's Office of Planning and Research, Scripps Institution of Oceanography, California Energy Commission, California Public Utilities Commission). 2018. Statewide Summary Report. California's Fourth Climate Change Assessment, p. 22. 3 San Diego Summary Report, p. 19. 4 2017 San Diego Multi-jurisdictional Hazard Mitigation Plan, Table 5.3-1. 5 City of Carlsbad. December 2017. Sea Level Rise Vulnerability Assessment, Table 7, p. 44. Oct. 15, 2019 Item #7 Page 61 of 115 Attachment "A" to Ordinance No. CS-364 • Promote energy efficiency and conservation in the community; • Pursue the use of sustainable energy sources; • Reduce the community's greenhouse gas emissions and foster green development patterns; • Maintain a long-term balance among environmental, social and economic concerns, to ensure a vibrant, healthy and prosperous community. The above-listed conditions within the city pose local hazards for which amendments to the California Green Building Standards Code and California Energy Code are required. Human activities that release heat-trapping greenhouse gases into the atmosphere (such as through fossil fuel combustion) are the primary driver of climate change.1 Failure to address and significantly reduce GHG emissions could result in increased extreme heat events, dry weather conditions and risk of wildfire. Rises in sea level, including in the city's lagoons, could put at risk Carlsbad homes and businesses, public facilities, public roads (especially Carlsbad Boulevard) and accessways. According to the Carlsbad Climate Action Plan, community-wide GHG emissions need to be reduced 49 percent by 2035 to help achieve statewide reduction targets necessary to reduce impacts from climate change. Residential land uses account for 25 percent of the community's GHG emissions, while commercial and industrial uses are responsible for about 32 percent. Implementation of energy efficiency, photovoltaic energy and alternative water heating systems in new and existing residential and nonresidential buildings will significantly reduce emissions from these uses. Cars and light trucks account for 39 percent of Carlsbad's GHG emissions. Providing electric vehicle charging infrastructure will facilitate increased use of plug-in hybrid and battery electric vehicles, thereby reducing GHG emissions from this sector. For example, the California Air Resources Board estimates that each installed electric vehicle charging station could reduce GHG emissions by 8 to 17 metric tons (CO2 equivalent gases) per year. 2 A This is a local administrative procedure or regulation only, and not a building standard as defined in California Health and Safety Code section 18909(c). Therefore, no justification for amendment is required. 1 U.S. Global Research Program. Fourth National Climate Change Assessment, https://www.globalchange.gov/climate- change. Accessed on 12/28/18. 2 CARB. April 13, 2018. Electric Vehicle (EV) Charging Infrastructure: Multifamily Building Standards, Appendix H. Oct. 15, 2019 Item #7 Page 62 of 115 ORDINANCE NO. 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 201~0 CALIFORNIA FIRE CODE. Exhibit 3 WHEREAS, Health & Safety Code section 17958 mandates that the City Council of the 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 201~0 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, 202047; and WHEREAS, on January 1, 202047, 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 201~0 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 201~0 California Fire Code language. The 201~0 California Fire Code language shall be used for those code sections not adopted by the State; and WHEREAS, local amendments adopted by the City Council of the City of Carlsbad shall take precedence over the 201~0 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 Oct. 15, 2019 Item #7 Page 63 of 115 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 201 .§te 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 WHEREAS, further basis for the finding is concern for local topographic c·onditions 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 201.§ta 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 201.§te 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 Oct. 15, 2019 Item #7 Page 64 of 115 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 as follows: Sections: 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 17.04.1~0 17.04.1§40 17 .04.1 §_SO 11.04_1zso Chapter 17.04 FIRE PREVENTION CODE 17.04.010 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 12 -Energy Systems -Adopted 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 17.04.1~+0 California Fire Code Chapter 24 -Flammable Finishes-Adopted 17.04.1~80 California Fire Code Chapter 25 -Fruit and Crop Ripening -Adopted 17.04.20017.04.190 California Fire Code Chapter 26 -Fumigation and Insecticidal 17.04.2100 17.04.2140 17.04.2120 17.04.2~0 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 Oct. 15, 2019 Item #7 Page 65 of 115 17.04.2~0 17.04.2§.50 17.04.2I60 17 .04.2!!-10 17.04.2~30 17.04.300290 17.04.3100 17.04.320 17.04.3~0 17.04.3~0 17.04.3§30 17.04.3~40 11.04.3ZS0 17.04.3!!60 17.04.3~-10 17 .04.400330 17.04.41390 17 .04.42000 17 .04.4~40 17.04.~0 17.04.4§30 17.04.4~40 11.04.4IS0 17.04.4!!60 17.04.4~-10 17 .04.50430 17.04.51490 17 .04.5100 17.04.010 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 39 -Processing and Extraction Facilities - Adopted California Fire Code Chapter 50 -Hazardous Materials -General Provisions -Adopted 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 201~6 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 17.04.7 As adopted and amended herein, the 201~6 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 201~6 California Fire Code. 17.04.020 California Fire Code Chapter 1 -Scope and Administration -Adopted and Amended Oct. 15, 2019 Item #7 Page 66 of 115 California Fire Code, Chapter 1, Scope and Administration, is adopted in its entirety with the following amendments: A. Chapter 1, Division II, Part 2, is amended to add Section 106.6, 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 3107.17 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. A,_8_. _Chapter 1, Division II, Part 2, Section 11000.4, 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 su bmitted 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. Oct. 15, 2019 Item #7 Page 67 of 115 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. S..C. Chapter 1, Division II, Part 2, Section 11J4.4, 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. 17.04.030 C. Chapter 1, Division II, Part 2, is amended to add Section 113.6, Cost Recovery, to read as f.ollows: The city shall be entitled to reco•.ier the cost of emergency services as described in subsections 1 through 5 below. Service costs s~all be computed by the fire department under the direction of the city fin ance 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 ha•.iing been ordered by the fire department or other city department to abate that hazard, is liable f.or 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 pri•.iate street, driveway or highway, which, f.or 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 f.or all costs associated with that service demand. 3. Any person or corporation responsible f.or 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 unla>.vful 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 f.or the costs associated with the delivery of those services. ~ \t\lhen, the interest of public safety, the fire chief, pursuant to Section 2501 .18 of this code, assigns fire department employees as standby personnel at any event, or upon any premise, the person or corporation responsible f.or the event or premises shall reimburse the fire department f.or all costs associated with the standby services. California Fire Code Chapter 2 -Definitions -Adopted and Amended Oct. 15, 2019 Item #7 Page 68 of 115 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 reg ularly 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 -401.9 B. 402~ C. 403.24,.9 D. 403.5 -403.5.42 E. 403.10.2.1.12 F. 403.13 403.13.34.5404.6.6 ~ 404.5 -404.6.67 G:-H. 17.04.060 407 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: Oct. 15, 2019 Item #7 Page 69 of 115 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. Projects having more than 40 dwelling 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 Zone2 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 Address ldentificationStreet numbers is amended to add Section 505.1.1read as follows: Street Numbers -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 1/2318" stroke • Unit identification of multi-family residential buildings: 6" high with a ½" 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. Oct. 15, 2019 Item #7 Page 70 of 115 I· 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 .M.fil2may Updatesupdates 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. 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. Oct. 15, 2019 Item #7 Page 71 of 115 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 B. 1103.7.3 C. 1103.7.3.1 D. 11.3.7.8-1103.7.8.2 E. 1103.7.9-1103.7.9.10 F. 1103.8 -1103.8.5.3 G. 1107 H. 1113 I. 1114 J. 1115 K. 1116 17.04.130 California Fire Code Chapter 12 -Energy Systems -Adopted California Fire Code, Chapter 12. Energy Systems. is adopted in its entirety without amendments. 17.04.1~0 California Fire Code Chapter 20 -Aviation Facilities -Adopted California Fire Code, Chapter 20, Aviation Facilities, is adopted in its entirety without amendments~ 17.04.1§40 California Fire Code Chapter 21 -Dry Cleaning -Adopted California Fire Code, Chapter 21 , Dry Cleaning, is adopted in its entirety without amendments. 17.04.1.§S0 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. 17.04.1Z60 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. 17.04.1P 0 California Fire Code Chapter 24 -Flammable Finishes-Adopted California Fire Code, Chapter 24 , Flammable Finishes, is adopted in its entirety without amendments. 17.04.1~80 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. Oct. 15, 2019 Item #7 Page 72 of 115 17.04.204-90 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. 17.04.2100 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 .04.2,f40 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: 17.04.2120 Adopted California Fire Code Chapter 29 -Manufacture of Organic Coatings - California Fire Code, Chapter 29, Manufacture of Organic Coatings, is adopted in its entirety without amendments. 17.04.2~0 California Fire Code Chapter 30 -Industrial Ovens -Adopted California Fire Code, Chapter 30, Industrial Ovens, is adopted in its entirety without amendments. 17.04.2§40 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. 17.04.2§.60 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. 17.04.2.Z.G0 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 .04.2!!+0 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. 17.04.2~80 California Fire Code Chapter 35 -Welding and Other Hot Work -Adopted Oct. 15, 2019 Item #7 Page 73 of 115 California Fire Code, Chapter 35, Welding and Other Hot Work, is adopted in its entirety without amendments. 17.04.30290 California Fire Code, Chapter 36 -Marinas -Adopted California Fire Code, Chapter 36, Marinas, is adopted in its entirety without amendments. 17.04.3100 California Fire Code, Chapter 37 -Combustible Fibers -Adopted California Fire Code, Chapter 37, Combustible Fibers, is adopted in its entirety without amendments. 17.04.320 California Fire Code, Chapter 39 -Processing and Extraction Facilities - Adopted California Fire Code. Chapter 39. Processing and Extraction Facilities. is adopted in its entirety without amendments. 11 .o4.3i.io 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. 17.04.3~0 California Fire Code Chapter 51 -Aerosols -Adopted California Fire Code, Chapter 51 , Aerosols, is adopted in its entirety without amendments. 17.04.3§30 California Fire Code Chapter 53 -Compressed Gases -Adopted California Fire Code, Chapter 53, Compressed Gases, is adopted in its entirety without amendments. 17.04.3~40 California Fire Code Chapter 54 -Corrosive Materials -Adopted California Fire Code, Chapter 54, Corrosive Materials, is adopted in its entirety without amendments. 17.04.3,IS0 California Fire Code Chapter 55 -Cryogenic Fluids -Adopted California Fire Code, Chapter 55, Cryogenic Fluids, is adopted in its entirety without amendments. 17.04.3~60 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: Oct. 15, 2019 Item #7 Page 74 of 115 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. 17.04.3~70 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. 17.04.40380 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. 17.04.41390 California Fire Code Chapter 59 -Flammable Solids -Adopted California Fire Code, Chapter 59, Flammable Solids, is adopted in its entirety without amendments. 17.04.4_~00 Adopted California Fire Code Chapter 60 -Highly Toxic and Toxic Materials - California Fire Code, Chapter 60, Highly Toxic and Toxic Materials, is adopted in its entirety without amendments. 17.04.4~40 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.~0 California Fire Code Chapter 62 -Organic Peroxides -Adopted California Fire Code, Chapter 62 Organic Peroxides, is adopted in its entirety without amendments. 17 .04.4§.30 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. 17.04.4§.40 California Fire Code Chapter 64 -Pyrophoric Materials -Adopted California Fire Code, Chapter 64, Pyrophoric Materials, is adopted in its entirety without amendments. Oct. 15, 2019 Item #7 Page 75 of 115 17.04.4Z50 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. 17.04.4~60 California Fire Code Chapter 66 -Unstable (Reactive) Materials -Adopted California Fire Code, Chapter 66, Unstable (Reactive) Materials, is adopted in its entirety without amendments. 17.04.4~10 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. 17.04.50480 California Fire Code Chapter 80 -Referenced Standards -Adopted California Fire Code, Chapter 80, Referenced Standards, is adopted in its entirety without amendments. 17.04.51490 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 B105.2 is amended to read as follows: TABLE 8105.2 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 B105.1 (2) Duration in Table B105.1 (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)3 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 Um 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. Oct. 15, 2019 Item #7 Page 76 of 115 E. Appendix CC is adopted in its entirety without amendments. F. Appendix D is adopted in its entirety with the following amendments: Appendix D, Section 01062+ 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 D, Section 0107: Subsection 0107.1 One-or Two-Family Residential Developments is amended to read as follows: Developments of one-or two-family dwellings where the number of dwelling units exceeds 40 shall be provided with two separate and approved fire apparatus access roads. Exceptions: 1. Deleted in entirety 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. 11.os.si oo 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. II II II II II Oct. 15, 2019 Item #7 Page 77 of 115 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. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the _day of ___ ~ 2012-7, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ ~ 2012-7, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Oct. 15, 2019 Item #7 Page 78 of 115 Sections: 18.04.010 Adoption. Chapter 18.04 BUILDING CODE* 18.04.015 Sections 1Q5,1 aRd 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 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. * Prior ordinance history: Ord. Nos. NS-333, NS-398, NS-476, NS-559, NS-638, NS-660, and NS-869. 18.04.010 Adoption. Exhibit4 The 2016 edition of the2019 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2L hereinafter referred to as !:the ~California Building Code, copyrighted by the California Building Standards Commissionlnternational Code Council, Inc., 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 this chapter, which shall supersede the provisions of said code. 18.04.015 Sections 1QS.1 aRd 105.2 amended-Permits required. Sections 105.1 and 105.2 of the California ~uilding Code are amended to read as follows: 1Q5,1 Required. Any ovmers or owner's authori2ed agent who intends to construct, enlarge, alter, repair, mo1,e, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remo•.,e, con'o1ert or replace any electrical, gas, mechanical or plumbing s•;stem, the installation of Vo'hich is regulated by this code, or to cause any such 'Nork to be performed, shall first make application to the building official and obtain the required permit. 1QS,1.1 ARRual permit. In lieu of an individual permit for each alteration to an already appro1•1ed electrical, gas, mechanical or plumbing installation, the building official is authori2ed to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified Oct. 15, 2019 Item #7 Page 79 of 115 tradeperson in the building, structure or on the premises owned or operated by the applicant for the permit. 105.1.2 Annwal permit reeerEls. 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. 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. Oct. 15, 2019 Item #7 Page 80 of 115 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: _1._Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. _2._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. _3._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 equ ipment 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: Oct. 15, 2019 Item #7 Page 81 of 115 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. 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 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 therefor 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 plans and specifications,."Approved." Such approval plans and specifications shall not be changed, modified, or altered without authorization from the building official, and all work shall be done in accordance with the approved plans. The building official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of such permit shall proceed at 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: Oct. 15, 2019 Item #7 Page 82 of 115 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 of the 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: 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: Oct. 15, 2019 Item #7 Page 83 of 115 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. 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, 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 Oct. 15, 2019 Item #7 Page 84 of 115 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. Sections: 18.08.010 18.08.020 18.08.030 18.08.040 18.08.050 Adoption. Chapter 18.08 MECHANICAL CODE* Building official designated. Violations. Certificate of noncompliance. Permit fees. * Prior ordinance history: Ord. Nos. 8055, 8080, 8108, NS-106, NS-210, NS-335, NS-479, NS-639, and NS-870. 18.08.010 Adoption. The 2019 California Mechanical Code 2016 Edition, California Code of Regulations, Title 24, Part 4, copyrighted by the International Association of Plumbing and Mechanical Officials, is adopted by reference as the mechanical code of the City of Carlsbad. 18.08.020 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 Mechanical Codes as amended. 18.08.030 Violations. Any person or corporation who violates any of the provisions of this chapter is guilty of an infraction, except for the fourth and each additional violation of a provision within Oct. 15, 2019 Item #7 Page 85 of 115 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. 18.08.040 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 so notified. If a certificate of noncompliance is filed, and where the permit, inspection, and/or approval required is obtained, the building official shall file a certificate of compliance 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 1.0 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 ci\y council is final. 18.08.050 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. Sections: 18.12.010 18.12.020 18.12.030 18.12.080 Chapter 18.12 ELECTRICAL CODE* Adoption. Application-Scope. Building official designated. Permits-Required. Oct. 15, 2019 Item #7 Page 86 of 115 18.12.090 18.12.100 18.12.120 18.12.130 18.12.215 18.12.220 18.12.225 18.1'2.227 Permits-Exceptions. Permits-Expiration. Permit-Scope. Permit-Application. Temporary meter sets. Cost of permit. Violations and penalties. Certificate of noncompliance. * Prior ordinance history: Ord. Nos. 8052, 8061, 8069, 8078, 8098, 8104, 1266, 8098, 8104, NS-27, NS-165, NS-336, NS- 384, NS-559, NS-640, NS-676, NS-758, and NS-871. 18.12.010 Adoption. The 2019 California Electrical Code 2016 Edition, California Code of Regulations, Title 24, Part 3, copyrighted by the National Fire Protection Association, is adopted by reference as the electrical code for the City of Carlsbad. 18.12.020 Application-Scope. The provisions of this code shall apply to the installation, repair, operation and maintenance of all electric wiring and electrical apparatus of any nature whatsoever whether inside or outside of any building within the city except as provided otherwise in this code. 18.12.030 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 Electrical Code. 18.12.080 Permits-Required. A. No electric wiring, devices, appliances or equipment shall be installed within or on any building, structure or premises nor shall any alteration without first securing a permit therefor from the building official except as stated in Section 18.12.090. B. Permits shall be obtained before or at the time work is started, except in cases where emergency or urgent necessity can be shown to exist provided a permit is obtained within 24 hours, exclusive of Saturdays, Sundays, and holidays. C. A separate permit shall be required for each building or structure which stands alone. D. Permits for privately-owned conduits or other materials in public places and in and across streets and alleys may be issued only after approval has been granted for the installation by the city engineer. All work shall be done in accordance with law and special regulations applicable thereto. Oct. 15, 2019 Item #7 Page 87 of 115 E. Permits shall only be issued to contractors licensed by the State of California to engage in the business or act in the capacity of a contractor, relating to electrical inspection installation, and to persons holding a valid master electrician certificate of competency for work performed only on the property of his or her employer, or the owner. 18.12.090 Permits-Exceptions. A. No permit shall be required for minor repair work such as repairing flush or snap switches, replacing fuses, repairing lamp sockets and receptacles when such work is done in accordance with the provisions of this code. B. No permit shall be required for the replacement of lamps or the connection of portable appliances to suitable receptacles which have been permanently installed. C. No permit shall be required for the installation, alteration or repair of wiring, devices, appliances or equipment for the operation of signals or the transmission of intelligence (not including the control of lighting or appliance circuits) where such wiring, devices, appliances or equipment operate a voltage not exceeding 25 volts between conductors and do not include generating or transforming equipment capable of supplying more than 100 watts of energy. D. No permit shall be required for the installation, alteration or repair of electric wiring, devices, appliances and equipment installed by or for a public service corporation in the operation of signals or the transmission of intelligence. E. No permit shall be required for the installation of temporary wiring for testing electrical apparatus or equipment. 18.12.100 Permits-Expiration. A. If the work authorized by a permit is not commenced within 180 days after issuance or if the work authorized by a permit is suspended or abandoned at any time after the work is commenced for a period of 180 days, the permit shall become void. B. Permits shall expire one year after the date of issuance unless the permit is issued for a longer period of time. C. Permits for a period longer than one year must be requested at the time of application for the original permit. Said permits will be issued for a period of time determined by the building official to be reasonably necessary to complete the work for which a permit is requested. D. An expired permit may be renewed upon payment of a fee to cover the unfinished work according to the fee schedule. Oct. 15, 2019 Item #7 Page 88 of 115 18.12.120 Permit-Scope. The permit when issued shall be for such installation as is described in the application and no deviation shall be made from the installation so described without the written approval of the building official. 18.12.130 Permit-Application. Application for permit, describing the work to be done, shall be made in writing to the building official. The application shall be accompanied by such plans, specifications and schedules as may be necessary to determine whether the installation as described will be in conformity with the requirements of this code. If it shall be found that the installation as described will in general conform with the requirements of this code, and if the applicant has complied with all of the provisions of this code, a permit for such installation shall be issued; provided however that the issuance of the permit shall not be taken as permission to violate any of the requirements of this code. Application for permits for electrical installations where the service capacity exceeds 200 amperes shall be accompanied by two sets of electrical line drawings and load distribution calculations showing service panel and branch panel capacities and locations service switch and branch switch capacities, conduit and feeder sizes. 18.12.215 Temporary meter sets. A temporary meter may be set on the permanent electrical service base for testing equipment, for lighting of interiors where outside sources do not light, or for health and safety and protection of persons. Failure to provide and comply with all provisions of this chapter shall constitute grounds for the removal of any or all meters on the project. 18.12.220 Cost of permit. The fees for each electrical permit shall be as set forth in the city's master fee schedule or by a resolution of the city council. Any person who commences any work for which a permit is required by this code without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by this section for such work; provided, however, that this provision shall not apply to emergency work when it has been proven to the satisfaction of the administrative authority that such work was urgently necessary and that it was not practical to obtain a permit therefore before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there is an unreasonable delay in obtaining such permit, a double fee as provided in this section shall be charged. 18.12.225 Violations and penalties. A. Any person or corporation who violates any of the provisions of this chapter is guilty of an infraction except for the fourth or each additional violation of a provision Oct. 15, 2019 Item #7 Page 89 of 115 within one year which shall be a misdemeanor. Penalties of a violation of this chapter shall be designated in Section 1.08.010 of this code. B. The issuance or granting of a permit or approval of plans shall not prevent the building official from thereafter requiring the correction of errors in these plans and specifications, or from preventing construction operations from being carried on there under when in violation of this code or of any other ordinance, or from revoking any certificate of approval when issued in error. (Ord. CS-129 § 1, 2011) 18.12.227 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 so notified. If a certificate of noncompliance is filed, and where the permit, inspection, and/or approval required is obtained, the building official shall file a certificate of compliance 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. Sections: Chapter 18.16 PLUMBING CODE* Article I. General Regulations 18.16.010 Adoption. 18.16.030 Building official designated. Oct. 15, 2019 Item #7 Page 90 of 115 18.16.040 Expiration of permit. 18.16.060 Standards for installation and materials. 18.16.080 Section 1622A.0 added-Bypass tees. Article II. Modifications 18.16.120 Section 106.3~ amended-Violations. 18.16.125 Certificate of noncompliance. 18.16.130 Section 104.3.2M.-1-amended-Permit fees. * Prior ordinance history: Ord. Nos. 8089, 1261, 8109, NS-107, NS-170, NS-211, NS-334, NS-478, NS-559, NS-641, NS- 717, and NS-872. 18.16.010 Article I. General Regulations Adoption. The 2019 California Plumbing Code, 2016 EditionCalifornia Code of Regulations, Title 24, Part 5, 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. 18.16.030 Building official designated. The building official or authorized representative of the city is designated as the person who shall enforce the provisions of the California Plumbing Code as amended. 18.16.040 Expiration of permit. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced a new permit shall first be obtained, and the fee therefor shall be one-half the amount required for a new permit for such work provided 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. Within the overall one-year life of a permit any failure to commence work or any suspension of work caused solely by delay incident to securing approval of a coastal development permit pursuant to Division 20 of the Public Resources Code shall not constitute part of the respective 180-day period presented for expiration of a permit. 18.16.060 Standards for installation and materials. All installations and materials shall be in conformity with the provisions of this code and with approved standards of safety as to life and property. All installations on any public Oct. 15, 2019 Item #7 Page 91 of 115 or private piers or on the tidelands shall be in conformity with the provisions of this code. The disposal of the effluent must meet with the approval of the director of public health. 18.16.080 Section 1622A.0 added-Bypass tees. Section 1622A.0 is added to the California Plumbing Code to read as follows: On the effective date of this Ordinance, all new buildings where recycled water will be used for irrigation shall install on the building supply pipe a bypass tee for recycled water cross-connection shut down testing. The bypass tee shall be constructed of copper and the size shall match the building supply pipe size approved for the building. The bypass tee shall be connected to the building supply pipe above ground and before the pressure regulator at a point just before it enters the building. Both end connections to the building supply pipe shall be made using a union. A bronze full port straight ball valve with handle shall be installed on the inlet side of the bypass tee for the building supply pipe, and sized to match the inlet tee. A bronze full port straight ball valve with tee-head and padlock wing shall be installed on the side inlet tee, which shall be threaded with a male hose thread adapter to match the building supply pipe size. The work shall be in conformance with Engineering Standard Drawing W35. All shut down tests using the bypass tee shall be conducted with a backflow prevention device to reduce potential for contamination of the potable water system. Article II. Modifications 18.16.120 Section 106.3~ amended-Violations. Section 106.3~ of the California Plumbing Code is amended to read as follows: Any person or corporation who violates any of the provisions of this chapter is guilty of an infraction except for the fourth or each additional violation of a provision within one year which shall be a misdemeanor. Penalties for a violation of this chapter shall be as designated in Section 1.08.010 of this code. 18.16.125 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 so notified. If a certificate of noncompliance is filed, and where the permit, inspection, and/or approval required is obtained, the building official shall file a certificate of compliance 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. Oct. 15, 2019 Item #7 Page 92 of 115 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 lin:,it 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 coundl. 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. 18.16.130 Section 104.3.2¼r4.-1-amended-Permit fees. Section 104.3 .2J..4..± of the California Plumbing Code is amended to read as follows: The fee for each plumbing permit shall be as set forth in the city's master fee schedule or by resolution of the city council. Sections: 18.18.010 18.18.020 18.18.030 18.18.040 Chapter 18.18 SOLAR ENERGY CODE* Adoption of the Uniform Solar, Hydronics and Geothermal Energy Code. Building official designated. Violations. Section 104.5 amended -Permit fees. * Prior ordinance history: Ord. Nos. NS-279 and NS-531. 18.18.010 Adoption of the Uniform Solar, Hydronics and Geothermal Energy Code. The 2018 Uniform Solar, Hydronics and Geothermal 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. 18.18.020 Building official designated. The building official or authorized representative of the city is designated as the person who shall enforce the provisions of the Uniform Solar, Hydronics and Geothermal Energy Code as amended. Oct. 15, 2019 Item #7 Page 93 of 115 18.18.030 Violations. Any person or corporation who violates any of the provisions of 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. 18.18.040 Section 104.5 amended -Permit fees. The fee for each permit shall be as set forth in the city's master fee schedule or by resolution of the city council. Sections: 18.20.010 18.20.020 18.20.030 18.20.010 Adoption. Chapter 18.20 RESIDENTIAL CODE Building official designated. Section 1.8.4.2 amended -Permit fees. Adoption. The ~2019 California Residential Code, California Code of Regulations, Title 24, Part 2.5, including Appendix Chapter H and Q, copyrighted by the California Building Standards Commission,lnternational Code Council, Inc., is adopted by reference as the residential building code of the City of Carlsbad. 18.20.020 Building official designated. The building official is designated as the person who shall enforce all the provisions of the California Residential Code. 18.20.030 Section 1.8.4.2 amended -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. Chapter 18.21 GREEN BUILDING STANDARDS CODE Sections: 18.21.010 Adoption. 18.21.020 Building official designated. 18.21.030 Permit fees. 18.21.120 California Green Building Standards Code Chapter 2 amended - Definitions. Oct. 15, 2019 Item #7 Page 94 of 115 18.21.140 California Green Building Standards Code Chapter 4 amended - Residential electric vehicle charging. 18.21.150 California Green Building Standards Code Chapter 5 amended - Nonresidential electric vehicle charging. 18.21.155 California Green Building Standards Code Appendix AS adopted in part and amended as mandatory requirements -Energy efficiency. 18.21.010 Adoption. The ~2019 California Green Building Standards Code, California Code of Regulations, Title 24, Part 11, copyrighted by the California Building Standards Commissionlnternational Code Council, Inc., together with those amendments, exceptions, additions and deletions incorporated into this chapter, is adopted by reference as the Green Building Standards Code of the City of Carlsbad. 18.21.020 Building official designated. The building official is designated as the person who shall enforce all the provisions of the California Green Building Standards Code. 18.21.030 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. 18.21.120 Definitions. California Green . Building Standards Code Chapter 2 amended - Section 202 of the California Green Building Standards Code is amended to add the following definitions: EVSE CAPABLE. An electric vehicle charging space (EV space) installed with a listed raceway capable of accommodating a 208/240-volt dedicated branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or enclosure in close proximity to the proposed location of the EV spaces. Construction documents shall identify the raceway termination point. The service panel and/or subpanel shall provide capacity to install a 40-ampere minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device. EVSE INSTALLED. An electric vehicle charging space (EV space) installed with a dedicated 208/240-volt branch circuit, including a listed raceway, electrical panel capacity, overcurrent protective device, wire, and receptacle. Receptacle shall be equipped with electric vehicle supply equipment (EVSE). The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter) and is required to be continuous at enclosed, inaccessible or concealed areas and spaces. The branch Oct. 15, 2019 Item #7 Page 95 of 115 circuit and associated overcurrent protective device shall be rated at 40 amperes minimum. Other electrical components, including receptacle and EVSE, related to this section shall be installed in accordance with the California Electrical Code. EVSE READY. An electric vehicle charging space (EV space) installed with a dedicated 208/240-volt branch circuit, including a listed raceway, electrical panel capacity, overcurrent protective device, wire, and termination point such as a receptacle or blank cover. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter) and is required to be continuous at enclosed, inaccessible or concealed areas and spaces. The termination point shall be in close proximity to the proposed location of an EV charger. The branch circuit and associated overcurrent protective device shall be rated at 40 amperes minimum. Other electrical components, including a receptacle or blank cover, related to this section shall be installed in accordance with the California Electrical Code. MAJOR RESIDENTIAL RENOVATIONS. Alterations and additions to existing residential structures and construction sites where: (A) for one and two family dwellings'-and townhouses with attached private garages, alterations have a building permit valuation equal to or greater than $60,000 or include an electrical service panel upgrade; or (B) for multifamily dwellings (three dwelling units or more), alterations have a building permit valuation equal to or greater than $200,000, interior finishes are removed and significant site work and upgrades to structural-a-AG'-mechanical, electrical, and/or plumbing systems are proposed. Significant site work as used herein means site alterations that: require a grading permit pursuant to Carlsbad Municipal Code Chapter 15.16; rehabilitate or install 2,500 square feet or more of landscaping; or repave, replace or add 2,500 square feet or more of vehicle parking and drive area. 18.21.140 California Green Building Standards Code Chapter 4 amended - Residential electric vehicle charging. A. Section 4.102 of the California Green Building Standards Code is amended to read as follows: SECTION 4.102 DEFINITIONS 4.102.1 Definitions. The following terms are defined in Chapter 2. EVSE CAPABLE. EVSE INSTALLED. EVSE READY. FRENCH DRAIN. MAJOR RESIDENTIAL RENOVATIONS. WATTLES. Oct. 15, 2019 Item #7 Page 96 of 115 I . B. Section 4.106.4 of the California Green Building Standards Code is amended to read as follows: 4.106.4 Electric vehicle (EV) charging for new construction and major residential renovations. New construction and major residential renovations shall comply with Sections 4.106.4.1, 4.106.4.2, or 4.106.4.3, to facilitate installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. Exceptions: 1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions: 1.1 Where there is no commercial power supply. 1.2 Where there is evidence substantiating that meeting the requirements will alter the local utility infrastructure design requirements on the utility side of the meter so as to increase the utility side cost to the .homeowner or the developer by more than $400.00 per parking space. 2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities. 3. Where major residential renovations for one and two-family dwellings, and townhouses with attached private garages, do not include an electrical service panel upgrade, the requirements of Section 4.106.4.1 shall apply to the maximum extent that does not require an electrical service panel upgrade. 4. In major residential renovations, where there is evidence substantiating that meeting the requirements of this section presents an unreasonable hardship or is technically infeasible, the Building Officialbuilding official may consider an appeal from the project sponsor to reduce the number of EV spaces required or provide for EV charging elsewhere. 4.106.4.1 New one-and two-family dwellings-u-REIL townhouses with attached private garagesL and major residential renovations. For each dwelling unit, install one EVSE Ready space. 4.106.4.1.1 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device designated for future EV charging purposes as "EV READY" in accordance with the California Electrical Code. The receptacle or blank cover shall be identified as "EV READY". 4.106.4.2 New multifamily dwellings and major residential renovations. If Oct. 15, 2019 Item #7 Page 97 of 115 residential parking is available, ten (10) percent of the total number of parking spaces on a building site provided for all types of parking facilities shall be electric vehicle charging spaces (EV spaces) capable of supporting installed and future EVSE. Calculations for the required number of EV spaces and EVSE Installed spaces shall be rounded up to the nearest whole number. NeteiNotes: 1. Construction documents are intended to demonstrate the project's capability and capacity for facilitating future EV charging. 2. Except for EVSE Installed spaces, there is no requirement for EV spaces to be constructed or available until EV chargers are installed for use. 4.106.4.2.1 Electric vehicle charging space (EV space) locations. Construction documents shall indicate the location of proposed EV spaces. Where common use parking is provided at least one EVSE Installed space shall be located in the common use parking area and shall be available for use by all residents. 4.106.4.2.1.1 Electric vehicle charging stations (EVCS). When EV chargers are installed, EV spaces required by Section 4.106.4.2.2, Item 3, shall comply with at least one of the following options: 1. The EV space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space. 2. The EV space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building. Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.2.1.1 and Section 4.106.4.2.2, Item 3. Note: Electric vehicle charging stations serving public housing are required to comply with the California Building Code, Chapter 11B. 4.106.4.2.2 Electric vehicle charging space (EV space) dimensions. The EV spaces shall be designed to comply with the following: 1. The minimum length of each EV space shall be 18 feet (5486 mm). 2. The minimum width of each EV space shall be 9 feet (2743 mm). Oct. 15, 2019 Item #7 Page 98 of 115 3. One in every 25 EV spaces, but not less than one, shall also have an 8-foot {2438 mm) wide minimum aisle. A 5-foot {1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet {3658 mm). a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction. 4.106.4.2.3 Single EV space required. When a single EV space is required, it shall be an EVSE Installed space. 4.106.4.2.4 Multiple EV spaces required. When multiple EV spaces are required, fifty {SO) percent, but in no case less than one, shall be EVSE Installed spaces. The remainder of the required EV spaces may be EVSE Installed, EVSE Ready, or EVSE Capable spaces. 4.106.4.2.4.1 Construction Documents. Construction documents shall indicate the raceway termination point and proposed location of future EV spaces and EV chargers. Construction documents shall also provide information on amperage of future EVSE, raceway method(s), wiring schematics and electrical load calculations to verify that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at the full rated amperage of the EVSE. Plan design shall be based upon a 40-ampere minimum branch circuit. Raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction. 4.106.4.2.S Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as "EV CAPABLE" in accordance with the California Electrical Code. 4.106.4.3 New hotels and motels. All newly constructed hotels and motels shall provide EV spaces capable of supporting installed and future installation of EVSE. The construction documents shall identify the location of the EV spaces. -NeteiNotes: 1. Construction documents are intended to demonstrate the project's capability and capacity for facilitating future EV charging. 2. Except for EVSE Installed spaces, there is no requirement for EV spaces to be constructed or available until EV chargers are Oct. 15, 2019 Item #7 Page 99 of 115 TOTAL NUMBER OF PARKING SPACES 0-9 10-25 26-50 51-75 76-100 101-150 151-200 201 and over installed for use. 4.106.4.3.1 Number of required EV spaces. The number of required EV spaces and EVSE Installed spaces shal l be based on the total number of parking spaces provided for all types of parking facilities in accordance with Table 4.106.4.3.1. Calculations for the required number of EV spaces and EVSE Installed spaces shall be rounded up to the nearest whole number. TABLE 4.106.4.3.1 NUMBER OF REQUIRED EV NUMBER OF REQUIRED SPACES EVSE INSTALLED SPACES 1 1 2 1 4 2 6 3 9 5 12 6 17 9 10 percent of total 50 percent of required EV spaces 4.106.4.3.2 Electric vehicle charging space (EV space) dimensions. The EV spaces shall be designed to comply with the following: 1. .The minimum length of each EV space shall be 18 feet (5486 mm). 2. The minimum width of each EV space shall be 9 feet (2743 mm). 4.106.4.3.3 Single EV space required. When a single EV space is required, it shall be an EVSE Installed space. 4.106.4.3.4 Multiple EV spaces required. When multiple EV spaces are required per Table 4.106.4.3.1, the corresponding number of EVSE Installed spaces are required to be installed at the time of construction. The remainder of the EV spaces required per Table 4.106.4.3.1 may be EVS_E Installed, EVSE Ready, or EVSE Capable spaces. 4.106.4.3.4.1 Construction documents. Construction documents shall indicate the raceway termination point and proposed location of future EV spaces and EV chargers. Construction documents shall also provide information on amperage of future EVSE, raceway method(s), wiring schematics and electrical load calculations to verify that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at the full rated amperage of the Oct. 15, 2019 Item #7 Page 100 of 115 EVSE. Plan design shall be based upon a 40-ampere minimum branch circuit. Raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction. 4.106.4.3.5 Identification. The service panels or sub panels shall be identified in accordance with Section 4.106.4.2.5. 4.106.4.3.6 Accessible EV spaces. In addition to the requirements in Section 4.106.4.3, EV spaces for hotels/motels and all EVSE, when installed, shall comply with the accessibility provisions for EV charging stations in the California Building Code, Chapter 11B. N etu: 1. The California Department of Transportation adopts and publishes the "California Manual on Uniform Traffic Control Devices (California MUTCD)" to provide uniform standards and specifications for all official traffic control devices in California. Zero Emission Vehicle Signs and Pavement Markings can be found in the Ne'N Policies & Directives Number 13 01. \tVebsite: http://www.dot.ca.gov/ trafficops/policy.html. 2. See Vehicle Code Section 22511 for EV charging space signage in off street parking facilities and for use of EV charging spaces. 3. The Governor's Office of Planning and Research (QPR) published a "Zero Emission Vehicle Community Readiness Guidebook" 'Nhich provides helpful information for local governments, residents and businesses. VJebsite: https://opr.ca.gov/docs/ZEV _Guidebook.pdf. 4. The Governor's lnteragency Working Group on Zero Emission Vehicles, 2016, "2016 ZEV Action Plan, An Updated Roadmap toward 1.5 Million Zero Emission Vehicles on California Roadways by 2025." https:Nwww.gov.ca.gov/ docs/2016_ZEV_Action_Plan.pdf. 18.21.150 California Green Building Standards Code Chapter 5 amended - Nonresidential electric vehicle charging. A. Section 5.102 of the California Green Building Standards Code is amended to read as follows: SECTION 5.102 DEFINITIONS 5.102.1 Definitions. The following terms are defined in Chapter 2. CUTOFF LUMINAIRES. EVSE CAPABLE. EVSE INSTALLED. EVSE READY. Oct. 15, 2019 Item #7 Page 101 of 115 LOW-EMITTING AND FUEL EFFICIENT VEHICLES. NEIGHBORHOOD ELECTRIC VEHICLES. TENANT-OCCUPANTS. VANPOOL VEHICLE. ZEV. B. Section 5.106.5.3 of the California Green Building Standards Code is amended to read as follows: 5.106.5.3 Electric vehicle (EV) charging. [N] Construction shall comply with Section 5.106.5.3.1 or Section 5.106.5.3.2 to facilitate installation and future installation of electric vehicle supply equipment {EVSE). When EVSE{s) is/are installed, it shall be in accordance with the California Building Code, the California Electrical Code and as follows: 5.106.5.3.1 Single charging space requirements. [N] When only a single charging space is required per Table 5.106.5.3.3, one EVSE Installed space shall be installed in accordance with the California Electrical Code. 5.106.5.3.2 Multiple charging space requirements. [N] When multiple EV spaces are required per Table 5.106.5.3.3, the corresponding number of EVSE Installed spaces are required to be installed at the time of construction and shall be installed in accordance with the California Electrical Code. The remainder of the EV spaces required per Table 5.106.5.3.3 may be EVSE Installed, EVSE Ready, or EVSE Capable spaces. 5.106.5.3.2.1 Construction documents. Construction plans and specifications shall include, but are not limited to, the following: 1. The type and location of the EVSE. 2. The raceway(s) shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the charging equipment and into listed suitable cabinet(s), box(es), enclosure(s) or equivalent. 3. Plan design shall be based upon 40-ampere minimum branch circuits. 4. Electrical calculations shall substantiate the design of the electrical system, to include the rating of equipment and any on- site distribution transformers and have sufficient capacity to simultaneously charge all required EVs at its full rated amperage. 5. The service panel or subpanel(s) shall have sufficient capacity to Oct. 15, 2019 Item #7 Page 102 of 115 standards and specifications for all official traffic control devices in California. Zero Emission Vehicle Signs and Pavement Markings can be found in the New Pol icies & Directives number 13 0l.ww\v.dot.ca.gov/hq/traffops/policy/13 01.pdf. 2. See Vehicle Code Section 22511 for EV charging spaces signage in off street parking facilities and for use of EV charging spaces. 3. The Governor's Office of Planning and Research published a Zero Emission Vehicle Community Readiness Gu idebook 1,1,hich provides helpful information for local governments, residents and businesses. www.opr.ca.gov/docs/ZEV _ Guidebook.pdf 18.21.155 California Green Building Standards Code Appendix AS adopted in part and amended as mandatory requirements -Energy efficiency. California Green Building Standards Code Appendix AS -Nonresidential Voluntary Measures, Division AS.2 -Energy Efficiency, Sections AS.201, AS.202, Subsections AS.203.1.1 (Tier 1 Prerequisites) through AS.203.1.2.1 Tier 1, and Sections AS.211 through AS.213, are adopted and amended herein as mandatory requirements for construction of nonresidential, high-rise residential, hotels/motels, and alterations thereto having a building permit valuation of at least $200,000.00 or additions of at least 1,000 square feet. A. Section AS.203.1.1.2 of the California Green Building Standards Code is amended to read as follows: AS.203.1.1.2 Service water heating in restaurants. Newly constructed restaurants shall comply with California Energy Code Section 140.5. B. Section AS.211 of the California Green Building Standards Code is amended to read as follows: AS.211.1 On-site renewable energy. Use on-site renewable energy sources such as solar, wind, geothermal, low-impact hydro, biomass and bio-gas for at least 1 percent of the electric power calculated as the product of the building service voltage and the amperage specified by the electrical service overcurrent protection device rating or 1 kW, (whichever is greater), in addition to the electrical demand required to meet 1 percent of the natural gas and propane use. The building project's electrical service overcurrent protection device rating shall be calculated in accordance with the ~ California Electrical Code. Natural gas or propane use is calculated in accordance with the -2-G±e-California Plumbing Code. AS.211.1.1 Documentation. Using a calculation method approved by the California Energy Commission, calculate the renewable on-site energy system to meet the requirements of Section AS.211.1, expressed in kW. Factor in net-metering, if offered by local utility, on an annual basis. Oct. 15, 2019 Item #7 Page 104 of 115 Sections: 18.30.010 18.30.020 18.30.030 18.30.040 18.30.050 18.30.110 18.30.130 18.30.150 18.30.170 18.30.190 18.30.010 A5.211.3 Green power. If offered by local utility provider, participate in a renewable energy portfolio program that provides a minimum of 50 percent electrical power from renewable sources. Maintain documentation through utility billings. Exception to A5.211.1, A5.211.1.1 and A5.211.3: All new nonresidential, high-rise residential, and hotel/motel buildings, and alterations thereto having a building permit valuation of at least $1,000,000 and affecting at least 75 percent of existing floor area, or alterations that increase roof size by at least 2,000 square feet, shall instead comply with California Energy Code Section 120.10. Chapter 18.30 ENERGY CONSERVATION REGULATIONS Adoption. Purpose and application. Building official designated. Selar alternati¥e de5igA pre¥i5i8A5 reqyired. Permit fees. California EAerg'f Cede SYhehapter 1 ameAded . DefiAitieA5, California Energy Code Subchapter 3 amended-Nonresidential photovoltaic system required. California Energy Code Subchapters 3 and 5 amended-Nonresidential water heating requirements. California Energy Code Subchapters 7 and 8 amended-Residential water heating requirements. California Energy Code Section Subchapter 9 amended-Energy efficiency in existing residential buildings. Adoption. I he 2019 California Energy Code, 2016 EditionCalifornia Code of Regulations, Title 24, Part 6, copyrighted by the California Building Standards Commission International Code Council, Inc., together with those amendments, exceptions, additions and deletions incorporated into this chapter, is adopted by reference as the energy €GG€conservation regulations for the City of Carlsbad. 18.30.020 Purpose and application. This chapter is intended to decrease dependence upon nonrenewable energy sources Oct. 15, 2019 Item #7 Page 105 of 115 by encouraging and in some instances requiring the installation of devices, structures or materials for the conservation of energy on certain structures within the city. The provisions of this chapter are intended to supplement and not supersede other regulations and requirements imposed by this title. 18.30.030 Building official designated. The building official or authorized representative of the city is designated as the person who shall enforce the provisions of the California Energy Code as amended. 18,30.040 Solar alternati'Je design provisions required. A. All new residential units shall include provisions specifically designed to allme.1 the later installation of any system v,hich 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 •.vhich a building permit was applied for after the effective date of the ordinance adopting this chapter. B. E><ception. 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. 18.30.050 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. 18.30.110 California linerg•1 Code Suhehapter 1 amended Definitions. Section 100.l(b) is amended by adding the following definition: SOLAR ELECTRIC GENERATION SYSTEM or PHOTOVOLTAIC SYSTEM is the complete set of all components for converting sunlight into electricity through the photovoltaic process, including the array of panels, inverter(s) and the balance of system components required to enable the system to effectively deliver power to reduce a building's consumption of electricity from the utility grid. 18.30.130 California Energy Code Subchapter 3 amended-Nonresidential photovoltaic system required. Section 120.10 is added to the California Energy Code as follows: SECTION 120.10 NONRESIDENTIAL PHOTOVOLTAIC SYSTEM REQUIRED All new nonresidential, high-rise residential, and hotel/motel buildings shall comply Oct. 15, 2019 Item #7 Page 106 of 115 with the requirements of Section 120.l0(a) or 120.lO{b). Additions to existing nonresidential, high-rise residential, and hotel/motel buildings where the total roof area is increased by at least 2,000 square feet, and alterations to existing nonresidential, high-rise residential, and hotel/motel buildings with a permit valuation of at least $1,000,000 that affect at least 75 percent of the gross floor area shall also comply with the requirements of Section 120.l0(a) or (b). The required installation of a photovoltaic (PV) system shall be sized according to one of the following methods: (a) Based on gross floor area. 1. Buildings with greater than or equal to 10,000 square feet of gross floor area shall install a minimum PV system sized at 15 kilowatts direct current (kWdc) per 10,000 square feet of gross floor area. Note to Section 120.l0(a)l: PV system size = 15 kWdc X (Gross Floor Area/ 10,000 sq. ft.),Building Size Factor, where the building size .fa.ae.fBuilding Size Factor (BSF) shall be-equal gross floor area/ 10,000 sq. ft., rounded to the nearest tenth and the. The resulting product shall then be rounded to the nearest whole number. For example, an applicant with a 126,800 square foot building shall -i-f½5.taUrequire a minimum 191 kilowatt (kWdc) PV system.,., as follows: PV system size= 15 kWdc X BSF, where BSF = 126,800 s.f. / 10,000 s.f. => 12.7 (rounded) 15 kWdc X 12.7 => 191 kWdc (rounded) 2. Buildings under 10,000 square feet of gross floor area shall install a minimum 5 kilowatt (kWdc) PV system. Note to Section 120.10(a)2: Applicants are encouraged to right-size the PV system based on the building's electrical demand to improve the system's cost effectiveness. (b) Based on Time Dependent Valuation (TDV). Install a solar PV system that will offset 80 percent of the building's TDVenergy on an annual basis. The system sizing requirement shall be based upon total building TDV energy use including both conditioned and unconditioned space and calculated using modeling software or other methods approved by the Building Offidalbuilding official. Exception 1 to Section 120.10: The Building Officialbuilding official may waive or reduce, by the maximum extent necessary, the provisions of this Section if the Official determines there are sufficient practical challenges to make satisfaction of the requirements infeasible. Practical Oct. 15, 2019 Item #7 Page 107 of 115 18.30.150 challenges may be a result of the building site location, limited rooftop availability, or shading from nearby structures, topography or vegetation. The applicant is responsible for demonstrating requirement infeasibility when applying for an exemption. Exception 2 to Section 120.10: The Building Officialbuilding official may waive or reduce, by the maximum extent necessary, the provisions of this Section if the Official determines the building has satisfied the purpose and intent of this provision through the use of alternate on-site renewable generation systems such as wind energy systems. California Energy Code Subchapters 3 and 5 amended-Nonresidential water heating requirements. A. Section 120.11 is added to the California Energy Code as follows: SECTION 120.11 NONRESIDENTIAL MANDATORY REQUIREMENTS FOR SERVICE WATER HEATING SYSTEMS Any newly constructed nonresidential building shall derive its service water heating from a system that provides at least 40 percent of the energy needed for service water heating from on-site solar energy or recovered energy. So.lar energy includes solar photovoltaics and solar-water heating systems. Exception to Section 120.11: Buildings for which the Building Officialbuilding official has determined that service water heating from on-site solar energy or recovered energy is economically or physically infeasible. Applicant is responsible for demonstrating requirement infeasibility when applying for an exemption. B. Section 140.5 of the California Energy Code is amended to read as follows: SECTION 140.5 PRESCRIPTIVE REQUIREMENTS FOR SERVICE WATER HEATING SYSTEMS (a) Nonresidential occupancies. A service water-heating system installed in a nonresidential building shall comply with the applicable requirements of Sections 110.1, 110.3, 120.3, and 120.11. In addition, a service water-heating system shall meet the requirements of 1, 2, or 3 below: 1. A heat pump water heater. The storage tank shall be located in a conditioned space. 2. An electric resistance water heater. 3. A solar water-heating system with a minimum solar savings fraction of 0.40. Oct. 15, 2019 Item #7 Page 108 of 115 Solar water-heating systems and collectors shall be certified and rated by the Solar Rating and Certification Corporation (SRCC), the International Association of Plumbing and Mechanical Officials, Research and Testing (IAPMO R& T), or by a listing agency that is approved by the Executive Director. (b) High-rise residential and Hotel/Motel occupancies. A service water heating system installed in a high-rise residential or hotel/motel building shall meet the requirements of either 1, 2, or 3. For recirculation distribution systems serving individual dwelling units, only Demand Recirculation Systems with manual on/off control as specified in the Reference Appendix RA4.4.9 shall be used: 1. For systems serving individual dwelling units, the water heating system shall meet the requirement of either A, B, or C: A. A single heat pump water heater. The storage tank shall be located in the garage or conditioned space. In addition, one of the following: i. A compact hot water distribution system as specified in the Reference Appendix RA4.4.6 and a drain water heat recovery system that is field verified as specified in the Reference Appendix RA3.6.9; or ii. A photovoltaic system of 0.3 kWdc larger than the requirement specified in Section 120.10. B. A single heat pur:np water heater that meets the requirements of NEEA Advanced Water Heater Specification Tier 3 or higher. The storage tank shall be located in the garage or conditioned space. C. A solar water-heating system meeting the installation criteria specified in Reference Residential Appendix RA4 and either a minimum solar savings fraction of 0.60 or a minimum 40 square feet of collectors. 2. For systems serving multiple dwelling units, a central water-heating system that includes the following components shall be installed: A. Gas or propane water heating system; and B. A recirculation system that meets the requirements of Sections 110.3(c)2 and 110.3(c)S, includes two or more separate recirculation loops serving separate dwelling units, and is capable of automatically controlling the recirculation pump operation based on measurement of hot water demand and hot water return temperature; and EXCEPTION to Section 140.S(b)2B: Buildings with eight or fewer dwelling units may use a single recirculation loop. Oct. 15, 2019 Item #7 Page 109 of 115 C. A solar water-heating system meeting the installation criteria specified in Reference Residential Appendix RA4 and with a minimum solar savings fraction of either al or bli below: i. A minimum solar savings fraction of O.WIQ;_ or a minimum of 40 square feet of collectors; or ii. A minimum solar savings fraction of 0.4Q15. In addition, a drain water heat recovery system shall be installedthat is field verified as specified in the Reference Appendix RA3.6.9 . 3. A water-heating system serving multiple dwelling units determined by the Executive Director to use no more energy than the one specified in subsection Bparagraph 2 above. 18.30.170 California Energy Code Subchapters 7 and 8 amended -Residential water heating requirements. A. Section 150.0(n) of the California Energy Code is amended to read as follows: SECTION 150.0 MANDATORY FEATURES AND DEVICES (n) Water Heating System. 1. Systems using gas or propane water heaters to serve individual dwelling units shall include the following components: A. A dedicated 125 volt, 20 amp electrical receptacle that is connected to the electric panel with a 120/240 volt 3 conductor, 10 AWG copper branch circuit within 3 feet from the water heater and accessible to the water heater with no obstructions. In addition, all of the following: i. Both ends of the unused conductor shall be labeled with the word "spare" and be electrically isolated; and ii. A reserved single pole circuit breaker space in the electrical panel adjacent to the circuit breaker for the branch circuit in A above and labeled with the words "Future 240V Use"; and B. A Category Ill or IV vent, or a Type B vent with straight pipe between the outside termination and the space where the water heater is installed; and C. A condensate drain that is no more than 2 inches higher than the base of the installed water heater, and allows natural draining without pump assistance, and Oct. 15, 2019 Item #7 Page 110 of 115 D. A gas supply line with a capacity of at least 200,000 Btu/hr. 2. Water heating recirculation loops serving multiple dwelling units shall meet the requirements of Section 110.3{c)5. 3. Solar water-heating systems and collectors shall be certified and rated by the Solar Rating and Certification Corporation {SRCC), the International Association of Plumbing and Mechanical Officials, Research and Testing {IAPMO R& T), or by a listing agency that is approved by the Executive Director. 4. Instantaneous water heaters with an input rating greater than 6.8 kBTU/hr {2kW) shall meet the requirements of Section 110.3{c)7. 5. Any newly constructed residential building shall derive its service water heating from a system that provides at least 60 percent of the energy needed for service water heating from on-site solar energy or recovered energy. Solar energy includes solar photovoltaics and solar-water heating systems. EXCEPTION to Section 150.0(n)S: Buildings for which the Building Officialbuilding official has determined that service water heating from on-site solar energy or recovered energy is economically or physically infeasible. Applicant is responsible for demonstrating requirement infeasibility when applying for an exemption~ B. Section 150. l{c)8 of the California Energy Code is amended to read as follows: SECTION 150.1 PERFORMANCE AND PRESCRIPTIVE COMPLIANCE APPROACHES FOR LOW-RISE RESIDENTIAL BUILDINGS 8. Domestic Water-Heating Systems. Water-heating systems shall meet the requirements of either A, B, or C. For recirculation distribution systems serving individual dwelling units, only Demand Recirculation Systems with manual on/off control as specified in the Reference Appendix RA4.4.9 shall be used: A. For systems serving individual dwelling units, the water heating system shall meet the requirement of either i, ii, or iii: i. A single heat pump water heater. The storage tank shall be located in the garage or conditioned space. In addition, one of the following: a. A compact hot water distribution system as specified in the Reference Appendix RA4.4.6 and a drain water heat recovery system that is field verified as specified in the Reference Appendix RA3.6.9; or Oct. 15, 2019 Item #7 Page 111 of 115 b. A photovoltaic system capacity of 0.3 kWdc larger than the requirement specified in Section 150.l(c)14. ii. A single heat pump w·ater heater that meets the requirements of NEEA Advanced Water Heater Specification Tier 3 or higher. The storage tank shall be located in the garage or conditioned space. iii. A solar water-heating system meeting the installation criteria specified in Reference Residential Appendix RA4 and either a minimum solar savings fraction of 0.60 or a minimum 40 square feet of collectors. B. For systems serving multiple dwelling units, a central water-heating system that includes the following components shall be installed: i. Gas or propane water heating system; and ii. A recirculation system that meets the requirements of Sections 110.3(c)2 and 110.3(c)5, includes two or more separate recirculation loops serving separate dwelling units, and is capable of automatically controlling the recirculation pump operation based on measurement of hot water demand and hot water return temperature; and EXCEPTION to Section 150.l(c}SBii: Buildings with eight or fewer dwelling units may use a single recirculation loop. iii. A solar water-heating system meeting the installation criteria specified in Reference Residential Appendix RA4 and with a minimum solar savings fraction of either a orb below: a. A minimum solar savings fraction of 0.60 or a minimum of 40 square feet of collectors20; or b. A minimum solar savings fraction of 0.4-015. In addition, a drain water heat recovery system that is field verified as specified in the Reference Appendix RA3.6.9. C. A water-heating system serving multiple dwelling units determined by the Executive Director to use no more energy than the one specified in subsectionsubparagraph B above. 18.30.190 California Energy Code Section Subchapter 9 amended -Energy efficiency in existing residential buildings. Section 150.2 of the California Energy Code is amended to add paragraph (d) as follows: Oct. 15, 2019 Item #7 Page 112 of 115 (d) All additions and alterations of residential buildings with a building permit valuation of $60,000 or higher shall include one of the following energy efficiency measures: 1. Additions and alterations of single family residential buildings built before 1978 shall include one of the following: A. Duct sealing pursuant to J.G.1.e2019 Title 24 Section 150.2(b)1E without verification by a Home Energy Rating System (HERS) rater. All exceptions as stated in J.G.1.e2019 Title 24 Section 150.2(b)1E are allowed. Projects that require duct sealing as part of an HVAC alteration or replacement must meet all of the requirements of Title 24, Part 6, including HERS rater verification. B. Attic insulation with a minimum of R-38 rating. Buildings without vented attic spaces and buildings with existing attic insulation levels greater than R-5 are exempt from this attic insulation energy efficiency measure. C. Cool roof with an aged solar reflectance of greater than or equal to 0.25 and a thermal emittance of greater than or equal to 0.75. All exceptions as stated in J.G.1.e2019 Title 24 Section 150.2(b)-l-H+.!.!l for steep slope roofs and 150.2(b)-!l=l+illii for low slope roofs are allowed. Only areas of roof that are to be re-roofed subject to the cool roof upgrade. Projects that are not installing a new roof as part of the scope are exempt from this cool roof energy efficiency measure. 2. Additions and alterations of single family residential buildings built in 1978 or after shall include one of the following: A. A lighting package consisting of: i. replacementReplacement of all interior and exterior screw-in (A- base) incandescent and halogen lamps with screw-in LED lamps; and, ii. installationlnstallation of manual-on automatic-off vacancy sensors that meet Title 24 Section 110.9(b)4G-_1_i n all bathrooms, bedrooms, offices, laundry rooms, utility rooms, and garages. Spaces which already include vacancy sensors, motions sensors, or dimmers do not need to install new Title 24 Section 110.9(b)4t,1 sensors. B. A water heating package consisting of: i. addition/\ddition of exterior insulation meeting a minimum of R-6 to storage water heaters 20 gallons are larger in size, except if insulation installation would void the water heater warranty; and, ii. insulationlnsulation of all accessible hot water pipes with pipe insulation a minimum of 0.75 inches in thickness. This includes Oct. 15, 2019 Item #7 Page 113 of 115 insulating the supply pipe leaving the water heater, piping to faucets underneath sinks, and accessible pipes in attic spaces and crawlspaces; and, iii. upgradingUpgrading of fitting in sinks and showers to meet current CALGreen (Title 24, Part 11 of the California Building Code) standards, except for fixtures with rated flow rates no more than 10 percent greater than current CALGreen standards. 3. Additions and alterations of multi-family residential buildings built before 1978 shall include attic insulation with a minimum of R-38 rating. Buildings without vented attic spaces and buildings with existing attic insulation levels greater than R-5 are exempt from this attic insulation energy efficiency measure. 4. Additions and alterations of multi-family residential buildings built between 1978 and -1-9W1991 shall include one of the following: A. Duct sealing pursuant to ~2019 Title 24 Section 150.2(b)1E without verification by a HERS rater. All exceptions as stated in ~2019 Title 24 Section 150.2(b)1E are allowed. Projects that require duct sealing as part of an HVAC alteration or replacement must meet all of the requirements of Title 24, Part 6, including HERS rater verification. B. Attic insulation with a minimum of R-38 rating. Buildings without vented attic spaces and buildings with existing attic insulation levels greater than R-5 are exempt from this attic insulation energy efficiency measure. C. Cool roof with an aged solar reflectance of greater than or equal to 0.25 and a thermal emittance of greater than or equal to 0.75. All exceptions as stated in ~2019 Title 24 Section 150.2(b)±l=Hlli for steep slope roofs and 150.2(b)-1-HH11ii for low slope roofs are allowed. Only areas of roof that are to be re-roofed are subject to the cool roof upgrade. Projects that are not installing a new roof as part of the scope are exempt from this cool roof energy efficiency measure. 5. Additions and alterations of multi-family residential buildings built after 1991 shall include one of the following: A. A lighting package consisting of: i. replacementReplacement of all interior and exterior screw-in (A- base) incandescent and halogen lamps with screw-in LED lamps; and, ii. installationlnstallation of manual-on automatic-off vacancy sensors that meet Title 24 Section 110.9(b)4G-_1_i n all bathrooms, bedrooms, offices, laundry rooms, utility rooms, and garages. Spaces which already include vacancy sensors, motions sensors, or dimmers do not Oct. 15, 2019 Item #7 Page 114 of 115 need to install new Title 24 Section 110.9(b )4G.1_ sensors. B. A water heating package consisting of: i. addition/\ddition of exterior insulation meeting a minimum of R-6 to storage water heaters 20 gallons are larger in size, except for buildings with central water heating systems or if insulation installation would void the water heater warranty; and, ii. insulationlnsulation of all accessible hot water pipes with pipe insulation a minimum of 0.75 inches in thickness. This includes insulating the supply pipe leaving the water heater, piping to faucets underneath sinks, and accessible pipes in attic spaces and crawlspaces; and, iii. upgradingUpgrading of fittings in sinks and showers to meet current CALGreen standards, except for fixtures with rated flow rates no more than ten percent greater than current CALGreen standards. Note: To the extent the provisions of Section 150.2(d) conflict with other provisions of the California Energy Code, then the most energy conserving provisions shall supersede and control. Exception to Section 150.2(d): The requirement for inclusion of energy efficiency measures does not apply to residential buildings that receive a rating of seven (7) or higher on the U.S. Department of Energy's Home Energy Score rating system based upon an assessment by a Home Energy Score Certified Assessor, to the satisfaction of the Building building Officialofficial. Oct. 15, 2019 Item #7 Page 115 of 115 Randy Metz, Fire Marshal Mike Peterson, Interim Community & Economic Development Director/ Building Official October 15, 2019 Adoption of the 2019 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 2019 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 2019 Editions of the state construction codes after other state agencies recommend amendments to the MODEL Codes. Code Adoption Summary •As amended and published they are referred to as the “California” Building and Fire Codes and will be effective on January 1, 2020 throughout California. 2019 Code Adoption Summary 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, geology or topographical conditions. 2019 Building Code Adoption Summary Local Amendments •Amendments may be more restrictive than the State but not less restrictive. •Local Amendments to the Building Code were previously adopted by City Council-no new amendments are proposed at this time. 2019 Fire Code Adoption Summary 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 are reformatted to create a better understanding of what was adopted by the city for our customers. 2019 Fire Code Adoption Summary New Chapters •The State has adopted two new Chapters within the Fire Code. Carlsbad has adopted these chapters without any local amendments. •Chapter 12 –Energy Storage •Chapter 39 –Processing & Extraction Facilities Sustainability: Carlsbad CONSERVATION Programs •Climate Action Plan (CAP) •Water Conservation Ordinance •Recycled Water / Grey Water Reuse •Water Efficient Landscape Ordinance •Solid Waste Management / Recycling •Storm Water Program •Fats Oil Grease (FOG) Program 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, who live, work and enjoy the amenities in our city. Recommendation •Introduce Ordinances adopting the California Fire Code and the California Building Code and related California Codes for construction and set a public hearing date for Nov. 12, 2019 Questions?