HomeMy WebLinkAbout2022-10-18; City Council; ; Introduce an Ordinance adopting the California Building Code and Related California Codes for Construction, along with Local Amendments, and Set a Public Hearing for Nov.CA Review CKM
Meeting Date: Oct. 18, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Mike Strong, Assistant Director of Community Development
mike.strong@carlsbadca.gov, 442-339-2607
Subject: Introduce an Ordinance adopting the California Building Code and
Related California Codes for Construction, along with Local Amendments,
and Set a Public Hearing for Nov. 8, 2022 (MCA 2022-0005)
District: All
Recommended Actions
1.Introduce an ordinance repealing and replacing Carlsbad Municipal Code Chapters 18.04 -
Building Code, 18.06 - Uniform Housing Code, 18.08 - Mechanical Code (to be retitled
Historical Building Code), 18.12 - Electrical Code, 18.16 - Plumbing Code, 18.18 - Solar
Energy Code, 18.19 - Dangerous Building Code, 18.20 - Residential Code, 18.21 - Green
Building Standards Code, and 18.30 - Energy Conservation Regulations); and adding
Chapters 18.03 - General Provisions, 18.09 - Existing Building Code, and 18.10 - Mechanical
Code based on the 2022 California Building Standards Code, as amended (Exhibit 1).
2.Set a public hearing for Nov. 8, 2022, to consider adoption of the ordinance.
Executive Summary
Every three years, the California Building Standards Commission updates the state’s model
building codes, which local jurisdictions adopt and enforce as the minimum standards for new
construction. The state allows local amendments to the state code standards when findings
can be made that such code changes are necessary to address locally unique topographical,
geological, climatic and environmental conditions.
The City Council is being asked to introduce an ordinance that adopts the 2022 California
Building Standards Codes as published by the California Building Standards Commission, with
certain amendments related to building standards and administrative processes that staff find
are necessary to address local conditions.
Following introduction of the ordinance, staff recommend that a public hearing be set for
Nov. 8, 2022, during which time the City Council would consider adoption of the ordinance.
Discussion
Background
The California Building Standards Commission is the state agency responsible for
establishing and updating the building standards and codes for new construction in the
Oct. 18, 2022 Item #7 Page 1 of 191
state. The model codes that make up the California Building Standards Code, Code of
Regulations Title 24, include the following code sections:
•International Building Code
•National Electrical Code
•International Residential Code
•Uniform Mechanical Code
•Uniform Plumbing Code
•Green Building Code
The model codes are updated every three years with the requirement that local
jurisdictions enforce the state-adopted codes as the minimum standard for construction.
Under state law, the Building Standards Code applies throughout the state and to all
building occupancies, whether or not the local government has adopted the new codes
in its municipal code.
The current 2019 Building Standards Code was published July 1, 2019, with an effective
date of Jan. 1, 2020, through Dec. 31, 2022. The 2022 Building Standards Code was
published July 1, 2022, with an effective date of Jan. 1, 2023. Any building standards
modifications to the model building codes, including building standards amendments
that have previously been adopted by the city and will be readopted as amended, must
be introduced and adopted by the City Council, effective as of Jan. 1, 2023.
Proposed local code amendments
As noted, the state allows local amendments to the model codes related to building
standards when findings can be made that such code changes are necessary to address
locally unique topographical, geological, climatic and environmental conditions. The
decision-making authority – for Carlsbad, the City Council – and the Building Standards
Commission must each approve the amendments and required findings before they can
be enforced. In no circumstance can a local amendment be less restrictive than the state
code.
Staff’s proposed amendments can be categorized into two types:
1.Building standards amendments
2.Administrative process amendments
The proposed amendments to the building standards are few and minor in scope and
intended to address unique conditions and situations. The administrative amendments
are intended to streamline, clarify and improve the plan check review and permitting and
inspection process. Only amendments to the building standards require approval of the
findings contained in Attachment A to the ordinance in Exhibit 1. Special findings are not
required for changes proposed to the administrative sections of the city’s Building Code.
Building standards amendments
•Noise standards near the airport or freeway
The state building code requires an interior noise level for multi-family projects
located near an airport or freeway of no more than 45 decibels. To show
compliance, applicants must prepare an acoustical survey that includes site-
Oct. 18, 2022 Item #7 Page 2 of 191
specific construction standards which must be incorporated into the project
design to reduce noise levels to acceptable levels. Staff are proposing that in lieu
of an acoustical survey, which can be very expensive and time-consuming,
applicants can incorporate preestablished attenuation standards into their
project designs. Staff do not expect a significant impact to overall construction
costs under this amendment since most of the preestablished attenuation
standards are often required as part of an acoustical survey. Also, this
amendment provides an alternative to the existing practice; applicants are still
able to conduct an acoustical survey if they choose.
• Screening of roof-mounted equipment and rooftop hazards
The state building code is silent on the need to screen equipment mounted on
the roof of new structures. This can result in unsightly visual impacts, especially
given our varying topography and coastal views. Up to this point, the city enforces
rooftop screening requirements through the discretionary review process. Staff
are proposing to add language to the mechanical code to codify rooftop screening
requirements and ensure that they are applied uniformly throughout the city.
This provision will help reduce potential visual impacts on all projects. There
would be no impact to construction costs, as this action would codify the city’s
long-standing policy. For similar reasons, staff are proposing language to ensure
that rooftop access is located more than 10 feet from the edge of the roof,
thereby reducing the need for a safety rail fence to be installed along the edge of
the roof. Impacts to overall construction costs resulting from this amendment is
anticipated to be minor.
• Roof rainfall drainage systems
To appropriately size storm drain systems, the state building code requires the
adoption of a precipitation rate that is specific to the local jurisdiction. The city
has never adopted a formal rainfall rate. As part of this amendment, staff are
proposing to use the rainfall rate published in the San Diego Hydrology Manual,
which is the same rate the city’s Land Development Engineering Division has
historically used when sizing storm water detention facilities in grading plans. This
will help ensure consistency in land development requests and in site and
building designs.
• Fire classification rating for solar photovoltaic systems
The state building code only requires that roof mounted solar photovoltaic
mounting systems, devices and clamps meet lower-level fire standards (the B-
and C-rating). Staff are proposing an amendment to the state code to require the
highest fire standard (A-rating). This amendment is consistent with the roof
construction standards found in the updated Fire Code so that new construction
is more resistant to external fires. Impacts to overall construction costs resulting
from this amendment are anticipated to be minor.
• Green Building Code, Energy Code and Climate Action Plan
The Building Standards Commission also publishes development codes that
exceed state model standards for those jurisdictions interested in accelerating
the electrification of new buildings in support of their local climate action plan
Oct. 18, 2022 Item #7 Page 3 of 191
goals. Theses codes are often referred to as “reach codes,” which jurisdictions can
adopt voluntarily. The city adopted the 2019 Building Standards Commission
reach codes as part of the 2019 building code update to implement the city’s
adopted Climate Action Plan and help the city achieve its greenhouse gas
emissions targets (Ordinance No. CS-364, 2019).
In reviewing the new model state code, staff found that some of the adopted
2019 climate action plan reach codes are now a part of the 2022 Green Building
Standards Code and 2022 Energy Code. In other words, they are no longer
voluntary for local governments to adopt. Three of the more significant reach
codes that are now part of the state model code cover:
o Number, location and dimension of required electric vehicle parking spaces
o Number, location and dimension of electric vehicle capable parking spaces
o Multi-family home service water heating systems – solar or recovered
energy of at least 20%
There are still several 2019 Building Standards Commission reach codes that the
city previously adopted that are included as part of the 2022 Building Standards
Commission reach codes. These codes are being carried forward as part of the
proposed amendments and are summarized below. These amendments are
necessary to maintain a valid climate action plan and to continue to achieve
reductions in greenhouse emissions from the building energy sector. These
amendments address:
o Single-family home service water heating systems – requires solar or
recovered energy of at least 60%.
o Non-residential service water heating systems – requires solar or recovered
energy of at least 40%.
o Service water heating in restaurants of a certain size or valuation (at least
1,000 square feet or $200,000).
o Energy efficiency upgrades such as duct sealing, attic insulation, cool roofs,
lighting packages, etc. in existing residential buildings of a certain valuation
($60,000 or more).
o Non-residential on-site renewable energy – 1% of electricity in projects of a
certain size or valuation (greater than 1,000 square feet or $200,000).
o Non-residential solar photovoltaic required in projects of a certain size or
valuation (greater than 2,000 square feet of roof area, or 75% of existing
floor area, and $1 million).
The 2022 Building Standards Commission reach codes contain additional reach
codes that were not included in the 2019 code adoption. In its update of the city’s
Climate Action Plan, the Environmental Sustainability Department will consider
reach code policy options and study the benefits and costs associated with these
additional building electrification and green building measures reach codes. This
information will be brought to the City Council for consideration at a future date
as part of the Climate Action Plan update.
Oct. 18, 2022 Item #7 Page 4 of 191
Administrative amendments
Staff have reviewed previous administrative amendments made to the city’s building
code and compared them against current practice and the new building codes and are
recommending the following changes:
• Make residential building permits valid for 12 months. Assembly Bill 2913, which
was adopted in 2018, extended the duration of residential building permits from
six months to one year. However, the expiration date in the 2022 Building
Standards Code is inconsistent (the code makes references both to six months
and one year). The proposed changes ensure that a permit to conduct work on a
building site remains valid for 12 months after its issuance. The 12-month period
resets once an inspection by the city building inspector is conducted.
• Provide a customized appeal process in which appeals are heard and decided by
trained professionals. Currently, appeals of a building official determination are
considered by the City Council. The proposed changes create an appeals board
consisting of building officials from nearby cities.
• Provide an allowance for the building official to issue partial permits to allow
applicants to initiate limited work (i.e., underground plumbing or electrical work,
trenching for footings) while permit reviews are being completed. The code
currently does not clearly authorize this allowance.
• Provide more specificity in the applicable fees that might apply when obtaining a
building permit or related cost-recovery service, including but not limited to
investigation fees, preliminary review fees and reinspection fees. The current
code only states applicable fees must be paid. This change helps make the
process more transparent for customers.
• Clarify when a remodel or addition qualifies as new construction, which would
require the entire existing structure to meet current code standards. As
proposed, the requirement is triggered when more than 75% of the existing
building is affected. The current code is silent on this requirement, and can lead
to inconsistent interpretations.
• Clarify the role and duties of the building official to carry out procedures relating
to violations associated with unpermitted or illegal construction projects.
A code adoption matrix is provided in Attachment A to Exhibit 1 that provides more
detail on the substantive changes being proposed and the justifications supporting the
recommended changes. A version with highlights showing the proposed amendments to
the Carlsbad Municipal Code is provided in Exhibit 2. A version highlighting the proposed
amendments to the state model codes is provided in Exhibit 3.
Options
Staff recommend the City Council introduce the proposed ordinance and set the matter for a
public hearing on Nov. 8 to consider adopting it. There are no noted drawbacks to this action.
However, the City Council could choose instead to reject the recommended local amendments
and operate under the basic state model code.
Oct. 18, 2022 Item #7 Page 5 of 191
Fiscal Analysis
The existing fiscal year 2022-23 budget includes sufficient funding for the cost of developing
and implementing the proposed ordinance.
Next Steps
The City Clerk’s Office will publish a summary of the ordinance twice in a newspaper of general
circulation between the introduction date and the public hearing and adoption date, in
accordance with the California Government Code requirements for adoption of a state code by
reference. (“By reference” means a document is incorporated into the text of a primary
document through a statement that the secondary document should be treated as if it was
contained within the primary one.) The City Clerk’s Office will then schedule the ordinance for a
public hearing and adoption at the next regular City Council meeting. Once adopted, the
Community Development Department will file a copy of the ordinance and related findings with
the California Building Standards Commission and the City Clerk’s Office will publish the
ordinance or a summary of the ordinance in a newspaper of general circulation within 15 days.
The ordinance will be effective 30 days following its adoption, subject to its filing with the
California Building Standards Commission.
Prior to the effective date, Building Division staff will continue to undergo comprehensive
training on the new codes. Only the projects submitted to the Building Division after Jan. 1,
2023, will be subject to the 2022 California Building Standards Code. All pipeline projects will
remain subject to the currently existing building codes.
Environmental Evaluation
The proposed action is exempt from the California Environmental Quality Act because it
qualifies for the “common sense” exemption, covered by the general rule under CEQA
Guidelines Section 15061(b)(3), which provides that a project is exempt from CEQA if it has no
potential to cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment.
Most of the local amendments to the codes proposed as part of this project are necessary from
an administrative standpoint and are general policy and procedure rulemaking. Other
amendments are intended to address local climatic, geological or topographical conditions and
safeguard public health and safety. There are no reasonably foreseeable adverse environmental
impacts and there is no possibility that the activity in question may have a significant effect on
the environment. Furthermore, the proposed project involves the adoption of state building
codes and standards that are applied to ministerial, or non-discretional, permits. CEQA
Guidelines Section 15300.1 and California Public Resources Code Section 21080 exempt
projects over which public agencies exercise only ministerial authority from the application of
CEQA.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City Council ordinance amending Title 18 of the Carlsbad Municipal Code
2. Proposed changes to Title 18 of the Carlsbad Municipal Code with revisions highlighted
Oct. 18, 2022 Item #7 Page 6 of 191
3. Proposed changes to select state model codes with revisions highlighted (California Building
Code, the California Residential Code, the California Green Building Standards Code and
California Energy Code)
Oct. 18, 2022 Item #7 Page 7 of 191
Exhibit 1
Oct. 18, 2022 Item #7 Page 8 of 191
ORDINANCE NO. CS-437
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REPEALING AND REPLACING CARLSBAD MUNICIPAL CODE
CHAPTERS 18.04 (BUILDING CODE), 18.06 (UNIFORM HOUSING CODE),
18.08 (MECHANICAL CODE, TO BE RETITLED HISTORICAL BUILDING CODE),
18.12 (ELECTRICAL CODE), 18.16 (PLUMBING CODE), 18.18 (SOLAR ENERGY
CODE), 18.19 (DANGEROUS BUILDING CODE), 18.20 (RESIDENTIAL CODE),
18.21 (GREEN BUILDING STANDARDS CODE), AND 18.30 {ENERGY
CONSERVATION REGULATIONS), AND ADDING CHAPTERS 18.03 (GENERAL
PROVISIONS), 18.09 (EXISTING BUILDING CODE), AND 18.10 (MECHANICAL
CODE), BASED ON THE 2022 CALIFORNIA BUILDING STANDARDS CODE AS
AMENDED
WHEREAS, California Health and Safety Code Section 17958 imposes the requirements of
certain uniform industry building standards adopted by the State pursuant to California Health and
Safety Code Section 17922; and
WHEREAS, the State adopted the 2022 editions of the California Administrative Code, the
California Building Code, the California Residential Code, the California Electrical Code, the California
Mechanical Code, the California Plumbing Code, the California Energy Code, the California Historical
Building Code, the California Fire Code, the California Existing Building Code, the California Green
Building Standards Code, and the California Referenced Standards Code, known collectively as the
California Building Standards Code, and comprising Title 24 of the California Code of Regulations; and
WHEREAS, the International Association of Plumbing and Mechanical Officials published the
2021 edition of the Uniform Solar, Hydronics, and Geothermal Code; and
WHEREAS the aforementioned technical codes establish minimum requirements to safeguard
the public health, safety, and general welfare through building standards to regulate the construction
of buildings throughout the State; and
WHEREAS, California Health and Safety Code Sections 17958.5, 17958. 7, and 18941.5 authorize
the City of Carlsbad to make reasonably necessary changes and modifications to building standards
contained in the California Building Standards Code based on climatic, geologic, or topographical
conditions; and
WHEREAS, Section 101.7.1 of the 2022 edition of the California Green Building Standards Code
allows the use of environmental conditions as an acceptable finding; and
WHEREAS, California Health and Safety Code Section 17922.7 authorizes the adoption of
building standards relating to noise insulation as are reasonably necessary because of local conditions
or due to substantial noise generated by airports, roadways, or commercial and industrial activities
immediately surrounding or adjacent to new single-family detached dwellings; and
WHEREAS, prior to making such changes, California Health and Safety Code Section 17958.7
requires the City Council to make express findings of the necessity for the change or modification to
building standards contained in the California Building Standards Code; and
WHEREAS, the City Council has previously adopted by reference portions of prior editions of
the technical codes with local amendments, additions, and deletions; and
WHEREAS, the City Council desires to continue this practice by adopting by reference the most
current versions of the uniform building standards; and
WHEREAS, the building official has recommended changes and modifications be made to the
technical codes, some of which are reasonably necessary due to local conditions, and the remainder of
which are administrative or procedural in nature, or concern themselves with subjects not covered by
the California Building Standards Code or are reasonably necessary to safeguard life and property
within the City of Carlsbad; and
WHEREAS, the City Council 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, topographical, and noise conditions described in Attachment A to this
ordinance; and
WHEREAS, the City Council held a duly noticed public hearing, and upon hearing and considering
all testimony, arguments, and public comments, if any, of all persons desiring to be heard, the City
Council has considered all factors related to the changes proposed to Carlsbad Municipal Code Title 18;
and
WHEREAS, the city distributed a notice of intended decision to adopt the “Common Sense”
exemption, covered by the general rule under State CEQA Guidelines Section 15061(b)(3). The notice
was circulated for a 10-day period, which began on Oct. 3, 2022 and ended on Oct. 13, 2022. The city
did not receive any comment letters on the CEQA findings and determination.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
SECTION I: The above recitations are true and correct.
Oct. 18, 2022 Item #7 Page 9 of 191
SECTION II: The Carlsbad Municipal Code is amended by adding Chapter 18.03 to read as
follows:
Chapter 18.03
GENERAL PROVISIONS
Sections:
18.03.010 California Building Standards Code. 18.03.020 Violations.
18.03.010 California Building Standards Code.
A. This title shall serve as the technical codes for building, property, health, and safety regulations for the
city, which are partially comprised of the 2022 edition of the California Title 24 Codes, or California Building
Standards Codes, as defined in California Health and Safety Code Section 18901 et. seq. At the time of the
enactment of this title, the California Building Standards Codes is comprised of Part 1 California
Administrative Code; Part 2 California Building Code; Part 2.5 California Residential Code; Part 3 California
Electrical Code; Part 4 California Mechanical Code; Part 5 California Plumbing Code; Part 6 California Energy
Code; Part 8 California Historical Building Code; Part 9 California Fire Code; Part 10 California Existing
Building Code; Part 11 California Green Building Standards Code; and Part 12 California Referenced
Standards Code.
B. The provisions of the codes and standards referenced in the California Building Standards Codes shall
be considered part of the requirements of this title to the prescribed extent of each such reference.
C. The building official or designee shall enforce the applicable provisions of the California Building
Standards Codes, with such additions, deletions, and modifications, as are adopted in them, with the exception
of those provisions of the Fire Code, 2022 edition, which are to be enforced by the fire chief. The building official
may develop guidelines or division policies to implement, administer, and enforce this title.
D. Where the phrase or reference to “Name of Jurisdiction” or “jurisdiction” appears in the California
Building Standards Codes, such phrase or reference shall be construed by the reader to mean the same thing
as the “City of Carlsbad” and the use of the term shall be interchangeable.
E. Amendments to the building standards contained in the codes published by the model code
organizations (ICC, IAPMO, and NFPA) by California state agencies, are applicable only to those occupancies
or uses which the state agency making the amendment is authorized to regulate.
F. Existing and proposed legislation may affect the requirements contained in this title at any time. In the
event of any conflict between this title and any applicable federal, state, or local law, rule, or regulation shall
supersede this code and shall be effective and enforceable immediately. This section is declaratory of existing
law and is not to be construed as suggesting that such was not the purpose and intent of previous adoptions
of the California Building Standards Code.
G. The provisions of this title shall not be construed as imposing upon the City of Carlsbad any liability or
responsibility for damage to persons or property resulting from defective work, nor shall the City of Carlsbad, or
any official, employee, or agent of the city, be held as assuming any such liability or responsibility by reason of
the review or inspections authorized by the provisions of this title of any permits or certificates issued under this
title.
18.03.020 Violations.
A. Unless otherwise stated by ordinance, any person, firm, or corporation who violates any of the
provisions of this title 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 title shall be
designated in Section 1.08.010 of this code.
Oct. 18, 2022 Item #7 Page 10 of 191
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 title or of any other ordinance, or from
suspending or revoking any certificate of approval when issued in error.
SECTION III: Carlsbad Municipal Code Chapter 18.04 is amended by repealing and replacing
it to read as follows:
Chapter 18.04
BUILDING CODE
Sections:
18.04.005 Adoption and scope. 18.04.010 Administrative regulations. 18.04.015 Section 101 (Scope and General Requirements) of the California Building Code Amended. 18.04.020 Section 104 (Duties and Powers of the Building Official) of the California Building Code Amended. 18.04.025 Section 105(Permits) of the California Building Code Amended. 18.04.030 Section 107 (Construction Documents) of the California Building Code Amended. 18.04.035 Section 109 (Fees) of the California Building Code Amended. 18.04.040 Section 110 (Inspections) of the California Building Code Amended. 18.04.045 Section 111 (Certificate of Occupancy) of the California Building Code Amended. 18.04.050 Section 112 (Service Utilities) of the California Building Code Amended. 18.04.055 Section 113 (Board of Appeals) of the California Building Code Amended. 18.04.060 Section 114 (Violations) of the California Building Code Amended. 18.04.065 Section 115 (Stop Work Order) of the California Building Code Amended. 18.04.070 Section 116 (Unsafe Structures and Equipment) of the California Building Code Amended. 18.04.075 Reserved. 18.04.080 Section 1206 (Sound Transmission) of the California Building Code Amended. 18.04.085 Section 1501 (General) of the California Building Code Amended. 18.04.090 Section 1505 (Fire Classification) of the California Building Code Amended. 18.04.095 Street name signs.
18.04.005 Adoption and scope.
The 2022 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, a portion
of the California Building Standards Code, hereinafter referred to as the building code, is adopted in its entirety
and incorporated by this reference, except for changes, additions, deletions and amendments in this chapter,
which shall supersede the provisions of said code. The following appendices of the building code are included
in the adoption: Appendix H (Signs). The following appendices are deleted: Appendices A through G, and I
through P.
18.04.010 Administrative regulations.
Chapter 1 (Scope and Administration) to the California Building Code, 2022 edition, shall generally constitute
the Administrative Code for the city, establishing the supplementary administrative, organizational and
enforcement rules and regulations as applicable for the following technical codes: Uniform Housing Code, 1997
edition; California Electrical Code, 2022 edition; California Mechanical Code, 2022 edition; California Plumbing
Code, 2022 edition; Uniform Swimming Pool, Spa and Hot Tub Code, 1997 edition; Uniform Solar, Hydronics
and Geothermal Code, 2021 edition; California Energy Code, 2022 edition; California Solar Energy Code, 2022
Oct. 18, 2022 Item #7 Page 11 of 191
edition; California Historical Building Code, 2022 edition; California Existing Building Code, 2022 edition; and
California Green Building Standards Code, 2022 edition. Each and all of the regulations, provisions, conditions
and terms therein shall supplement and apply to each of the technical codes. Whenever there are practical
difficulties involved in carrying out the provisions of the Administrative Code or where there is a conflict between
a general requirement and a specific requirement, the specific requirement shall be applicable with the force of
law.
18.04.015 Section 101 (Scope and General Requirements) of the California Building Code
Amended.
Section 101.4.4 is amended to read as follows:
101.4.4 Property maintenance.
The provisions of the California Existing Building Code shall apply to existing structures and premises;
equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards;
responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.
Decks and balconies on multi-family residential or commercial buildings or structures shall comply with
Health and Safety Code Section 17973, as it may be amended from time to time.
18.04.020 Section 104 (Duties and Powers of the Building Official) of the California Building Code
Amended.
A. Section 104.1 is amended to read as follows:
104.1 General.
The building official is hereby authorized and directed to enforce the provisions of this code. The
building official shall have the authority to render interpretations of this code and to adopt policies and
procedures as supplemental to this code in order to clarify the application of its provisions or to
implement or facilitate inspection functions, the issuance of permits and certificates. Such
interpretations, policies and procedures shall be in compliance with the intent and purpose of this code.
Such policies and procedures shall not have the effect of waiving requirements specifically provided for
in this code.
B. Section 104.2.2 is added to read as follows:
104.2.2 Rebuild threshold and limits on repair and remodel.
The building official shall determine the applicability of certain permitting procedures and requirements
for repair and remodeling projects on a case-by-case basis. A project classified as "rebuild" pursuant to
this section shall be treated as a new building or structure. Modification of fixtures, finishes, and systems
shall not be considered in measuring project magnitude.
1. Generally applied rebuild threshold for construction projects. “New construction” is defined as
any work, addition to, remodel, repair, renovation, or alteration of any building(s) or structure(s)
when 75% or more of the exterior weight bearing walls is removed or demolished. A project
shall also be defined as “new construction” when the scope of work for groups R3 and U
occupancies involves the alteration, rebuild, removal, or combination thereof of any structural
framing that meets or exceeds 75% or greater of the linear footage of interior and exterior walls,
including the removal of roof structure in those wall areas.
2. Cumulative construction projects. The cumulative scope for permitted work within any three-
year period shall be added together when determining whether the scope of work constitutes a
rebuild. For the purposes of this section, the computation of time shall be measured from the
latest permit’s date of issuance. The calculation of the percentage of floor area affected and
final determination of required improvements shall be made by the building official.
3. Special consideration for unforeseen defects and damages. If construction defects or damages
(e.g., pest or water damage) are discovered after construction has begun that were not
predictable or known by ordinary means such as pest damage reports and other inspections
Oct. 18, 2022 Item #7 Page 12 of 191
and precautions, work must cease until the building official has been notified. The building
official shall have the discretion to evaluate the circumstances of the discovery and may allow
the rebuild threshold to be increased provided procedures deemed appropriate by the building
official are followed.
18.04.025 Section 105 (Permits) of the California Building Code Amended.
A. Section 105.1 is amended to read as follows:
105.1 Required.
Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish
or change the occupancy of a building or structure, or to erect, install, alter, repair, remove, convert or
replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this
code, or to cause any such work to be performed shall first make application to the building official and
obtain the required permit. The submission of a building permit application shall be construed as
attestation that the property owner and/or permit applicant are aware of the scope of the project and will
only perform or allow work within that scope unless a building permit revision is subsequently authorized
by the building official.
B. Section 105.1.3 is added to read as follows:
105.1.3 Personal or electronic submission.
The property owner or permit applicant may submit the permit application and associated
documentation to the building division by personal or electronic submittal together with any required
permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the
applicant on all forms, applications, and other documentation may be used in lieu of a wet signature.
C. Section 105.1.4 is added to read as follows:
105.1.4 Partial permits.
At the discretion of the building official, a partial permit may be issued to allow construction to begin
before the project plans are approved. To qualify for a partial permit, the permit applicant must submit
plans for the primary permit, and the plans must be accepted as complete for the jurisdiction’s review.
Work authorized by the partial permit shall be limited to underground site work, including underground
plumbing, electrical, and mechanical work.
D. Section 105.2 is 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 buildings or 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) and the building or structure is entirely above grade and is not located on a
maintenance easement, on a public utilities easement, or within a setback area as required by
any local ordinance or other applicable law. The building or structure shall not exceed the height
requirements set forth in any local ordinance or other applicable law.
2. Fences not over six feet (1829 mm) high.
3. Oil derricks.
4. 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.
Oct. 18, 2022 Item #7 Page 13 of 191
5. 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.
6. 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.
7. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.
8. Temporary motion pictures, music, television and theater stage sets and scenery.
9. 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.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service
systems.
11. Swings and other playground equipment accessory to buildings and structures in this code.
12. 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.
13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches
(1753 mm) in height.
14. Skateboard ramps. The building or structure shall not exceed the height requirements set forth
in any local ordinances or other applicable law.
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 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.
Oct. 18, 2022 Item #7 Page 14 of 191
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.
E. Section 105.3 is amended to read as follows:
105.3 Application for permit.
To obtain a permit, the applicant shall first file an application in writing on a form furnished by the
department of building safety for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for which application is made.
2. Describe the land on which the proposed work is to be done by legal description, street
address or similar description that will readily identify and definitely locate the proposed
building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in Section 107.
5. State the valuation of the proposed work. The valuations or value shall include the total value
of work, including materials and labor for which the building permit is requested. Contract
price valuations may be subject to further review and documentation.
6. Where applicable, state the area to be landscaped in square feet and the source of water for
irrigation.
7. Be signed by the property owner or applicant, or the applicant’s authorized agent, who may
be required to submit evidence to indicate signature authority. Whenever any constructive
work, including but not limited excavation or fill, requires entry onto adjacent property for any
reason, the permit applicant shall obtain the written consent or written proof of legal
easements or other property rights of the adjacent property owner or their authorized
representative. The consent shall be in a form acceptable to the building official.
8. Diversion requirement and waste management plans. Except as otherwise provided in this
code, all property owners or permit applicants shall complete and submit a waste
management plan as part of the application packet for the building permit, certifying that the
diversion requirements will be satisfied for construction waste reduction, disposal, and
recycling.
9. Give such other data and information as required by the building official.
105.3.1 Action on application.
The building official shall examine or cause to be examined applications for permits and amendments
thereto within a reasonable time after filing. If the application or the construction drawings do not
conform to the requirements of pertinent laws, the building official shall reject such application in writing,
stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the
requirements of this code and laws and ordinances applicable thereto, the building official shall issue a
permit therefor as soon as practicable to the property owner or the permit 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 jurisdiction 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
Oct. 18, 2022 Item #7 Page 15 of 191
changed, modified, or altered without authorization from the building official, and all work shall be done
in accordance with the approved plans.
105.3.2 Time limitation of application.
An application for a permit for any proposed work shall be deemed to have been abandoned 365 days
after the date of filing, unless such application has been pursued in good faith or a permit has been
issued; except that the building official is authorized to grant one or more extensions of time for
additional periods not exceeding 180 days each. The extension shall be requested in writing and
justifiable cause demonstrated.
F. Section 105.4 is amended to read as follows:
105.4 Validity of permit.
The permit when issued shall be for such construction as is described in the building permit application
and no deviation shall be made from the construction so described without the written approval of the
building official. The permit holder (property owner or permit applicant) is obligated to maintain the
accuracy of the building permit application and the approved building plan set, and shall promptly
report to the building official any construction defects or damages discovered after construction has
begun.
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any
violation of any of the provisions of this code or of any other ordinance, order or other requirement of the
jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other
ordinances, orders or other requirements of the jurisdiction shall not be valid. The issuance of a permit
based on construction documents and other data shall not prevent the building official from requiring the
correction of errors in the construction documents and other data. The building official is authorized to
prevent occupancy or use of a structure where in violation of this code or of any other ordinances,
orders or other requirements of this jurisdiction.
G. Section 105.5.2 is added to read as follows:
105.5.2 Limitations on extensions.
An extension of time may require conditions of approval and additional fees. A fee will not be charged
for the first extension of time, provided the permit is not expired.
Notwithstanding the above, all work authorized by a permit issued by the building official shall be
completed within three years of issuance. A permit shall be considered abandoned if the work
authorized by such building permit exceeds three calendar years to complete.
H. Section 105.5.3 is added to read as follows:
105.5.3 Defining commencement of work and substantial work.
For the purpose of this section, commencement of work shall be defined as the successful completion,
inspection, and approval of the entire foundation system for the permitted building or structure, including
the placement of concrete. If the permit is for a building or structure that does not include a foundation,
then the building official will determine that the work has commenced if the amount of work completed
shows a good faith effort to substantially perform the work authorized by the permit, which shall be
construed to mean measurable work such as, but not limited to, the addition of footings, structural
members, flooring, wall coverings, plumbing systems, mechanical systems, and electrical systems.
I. Section 105.5.4 is added to read as follows:
105.5.4 Expired permits.
It is unlawful for any person, firm, or corporation to maintain any building, structure, or equipment, or
portion thereof, regulated by this code if permits required by this code are expired without final
inspection approval and no application by the permittee has been made to obtain new permits to
complete the work authorized under the expired permit.
Oct. 18, 2022 Item #7 Page 16 of 191
Where a building or structure remains unfinished after the permit has expired, the property owner or
permit applicant must, within 60 days after written notice by the building official, demolish and remove
the building or structure or obtain a new permit. Before such work can be recommenced, a new building
permit must be obtained.
The building permit fee collected by the building official to reinstate an expired permit 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 expiration
has not exceeded one year.
J. Section 105.5.5 is added to read as follows:
105.5.5 Sewer allocation system.
The provisions of any sewer allocation system adopted by local ordinance or other applicable law shall
supersede the reinstatement of an expired permit if the building permit was issued pursuant to such
system.
K. Section 105.8 is added to read as follows
105.8 Unpermitted buildings and structures.
No person shall own, use, occupy or maintain any "unpermitted structure." For purposes of this code,
"unpermitted structure" shall be defined as any building or structure, or portion thereof, that was
reconstructed, rehabilitated, repaired, altered, added to, improved, or equipped, at any point in time,
without the required permit(s) having first been obtained from the building official, or any unfinished
work for which a permit has expired.
18.04.030 Section 107 (Submittal Documents) of the California Building Code Amended
A. Section 107.2.1 is amended to read as follows:
107.2.1 Information on construction documents.
Construction documents shall be dimensioned and drawn to scale upon suitable material. Electronic
media documents are permitted to be submitted where approved by the building official. Construction
documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed
and show in detail that it will conform to the provisions of this code and relevant laws, ordinances,
rules, and regulations, as determined by the building official. Computations, stress diagrams and
other data sufficient to show the correctness of the plans shall be submitted when required by the
building official. In lieu of detailed specifications, the building official may approve references on the
plans to a specific section or part of this code or other applicable laws or ordinances.
B. Section 107.2.6.2 is added to read as follows:
107.2.6.2 Site drainage.
Where proposed construction will affect site drainage, existing and proposed drainage patterns must
be shown on the plot plan.
C. Section 107.2.6.3 is added to read as follows:
107.2.6.3 Foundation survey.
A survey of the lot is required by the building official to verify the proposed building or structure is
located in accordance with the approved plans when a new foundation is proposed at five feet or closer
to an adjacent property line.
Oct. 18, 2022 Item #7 Page 17 of 191
D. Section 107.2.6.4 is added to read as follows:
107.2.6.4 Waiver.
The building official may grant the omission of a site plan, design flood elevations, site drainage, and/or
foundation survey information when the proposed work is of such a nature that no information is needed
to determine compliance with all laws relating to the location of buildings or occupancies.
E. Section 107.2.9 is added to read as follows:
107.2.9 Prerequisite for pad certification.
Except as otherwise provided in this code, upon completion of the rough grading work and prior to
issuance of any building permit, the property owner or permit applicant must submit the required pad
certifications and any supporting documentation to the applicable governing authority. This information
shall also be maintained onsite and available to the building official at the foundation inspection,
pursuant to Section 110.3.1 of this code.
18.04.035 Section 109 (Fees) of the California Building Code Amended.
A. Section 109.1.1 is added to read as follows:
109.1.1 Building permit fee.
A building permit fee, in an amount established by fee resolution of the city council, shall be paid for
administrative processing and building inspections prior to issuing a building permit.
B. Section 109.1.2 is added to read as follows:
109.1.2 Plan check fee.
A building plan check fee, or deposit review fee, in an amount established by the fee resolution of the
city council, shall be paid when plans or documents are required to be submitted for review prior to
issuing a building permit. Depending on the complexity and quality of the documentation being
submitted, the final plan check fee to be paid may exceed the amount of the fee deposited to the
jurisdiction. The building official may require additional charges for review required by changes,
additions, or revisions of approved plans or reports, and for services beyond the first and second
check due to changes, omissions, or errors on the part of the property owner or permit applicant. The
payment of said fees shall not exempt any person from compliance with other provisions of this code.
C. Section 109.3 is amended to read as follows:
109.3 Building permit valuations.
The applicant for a permit shall provide an estimated permit value at time of application. Permit
valuations shall include total value of the work, including materials and labor, for which the permit is
being issued, as well as all finish work such as painting, roofing, electrical, gas, mechanical, plumbing
equipment and permanent systems. If, in the opinion of the building official, the valuation is
underestimated on the application, the permit shall be denied, unless the applicant can show detailed
estimates to meet the approval of the building official. Final building permit valuation shall be set by the
building official. For purposes of determining a permit fee amount, valuation or value shall be based
upon either the actual contract price for the work to be permitted or shall be determined with the use of
the current “ICC Building Valuation Data” as published by the International Code Council, whichever is
higher.
D. Section 109.4 is amended to read as follows:
109.4 Other fees.
The jurisdiction, by fee resolution, shall charge and collect other fees for services performed related
to building permits issued pursuant to this code, and for such other building, construction, and
development regulations as may be incorporated in this code. Fees associated with any action taken
Oct. 18, 2022 Item #7 Page 18 of 191
or required pursuant to this section shall be assessed in accordance with the provisions of this section
and the fee resolution.
109.4.1 Work commencing before permit.
Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing
system before obtaining the necessary permits shall be subject to a fee equal to the amount of the
permit fee that is required by this code.
109.4.2 Investigation fees.
Whenever any work for which a permit is required by this code has been commenced without first
obtaining said permit, a special investigation fee may be required and be collected, whether or not a
permit is subsequently issued. The minimum investigation fee shall be equal to the amount established
by fee resolution of the city council, whether a permit is required or not. The payment of such
investigation fee shall not exempt a person from compliance with other provisions of this code, nor from
a penalty prescribed by local ordinance or other applicable law.
109.4.3 Preliminary review fees.
Upon payment of a preliminary review fee, a property owner or permit applicant may have a building,
a structure, or other specialty code requirements reviewed by the building official prior to submittal of
a permit application. Such fee shall be based on the hourly rate for the purposes of cost recovery. All
charges must be paid at the conclusion of any such meeting and before any written findings are
issued.
109.4.4 Reinspection fees.
A reinspection fee may be assessed for each inspection or reinspection when such portion of work for
which inspection is called is not complete or when corrections called for are not made. Reinspection
fees may also be assessed when the inspection record card is not posted or otherwise available on
the work site, the approved plans are not readily available to the inspector, for failure to provide
access on the date for which the inspection is requested, or for deviating from the plans requiring
approval of the building official. In instances where reinspection fees have been assessed, additional
inspection of the work will not be performed until the required fees have been paid. The fee for each
reinspection shall be established by fee resolution of the city council.
109.4.5 Development impact fees.
This section applies to development fees imposed by the jurisdiction for the purpose of financing capital
improvements and public facilities, the need for which is attributable to such development. The
provisions of this section do not apply to taxes or special assessments levied by the jurisdiction.
1. The amount of the fees due to jurisdiction shall be based on the development fee schedule in
effect at the time of payment. The amount of the development impact fee established by fee
resolution of the city council, ordinance, or other applicable law shall not exceed the estimated
cost of providing the proposed development with the service or facility for which the
development impact fee is imposed.
2. No building permit shall be issued until all applicable development impact fees due for the
development project have been paid or secured through a recorded agreement with the
jurisdiction, unless payment at a later time is mandated by Government Code Section 66007 or
otherwise permitted by local ordinance or other applicable law of the jurisdiction.
3. When applicable development impact fees are to be calculated during the building permit
process or prior to the issuance of a building permit, it shall mean the building permit is
approved by the building official and is ready to issue.
4. No temporary or final certificate of occupancy or permanent connection to utilities may be
granted until all development fees have been paid in full.
Oct. 18, 2022 Item #7 Page 19 of 191
18.04.040 Section 110 (Inspections) of the California Building Code Amended.
A. Section 110.1.1 is added to read as follows:
110.1.1 Preconstruction meetings/inspections.
The building official may be contacted by a property owner or permit holder to arrange a pre-
construction meeting involving contractors, engineer of record, architects, and any other essential
project participants. The meeting may be used to clarify areas of responsibility, to establish lines of
communication to be used by all involved parties through the inspection process, and to answer
questions about complex construction details and project phasing. For cost recovery purposes, the
building official may charge their fully burdened hourly rate for time spent arranging, preparing, and
participating in such meetings.
B. Section 110.3.1 is amended to read as follows:
110.3.1 Footing and foundation inspection.
Footing and foundation inspections shall be made after excavations footings are complete and any
required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior
to inspection. Materials for the foundation shall be on the job. Except where concrete is ready mixed in
accordance with ASTM C94, the concrete need not be on the job.
A California State licensed surveyor is required to certify the location and setbacks of new construction
prior to the first foundation inspection if the proposed building or structure is located five feet or closer to
an adjacent property line. A copy of the certification shall be available to the building official prior to the
first inspection. Prior to the approval of any foundation inspection the permit holder shall submit the
setback certification that certifies by field measurement that the location of the building meets or
exceeds the minimum setback distance as shown on the approved building plan set.
Pad and elevation certification information pursuant to Section 107.2.9 of this code shall be maintained
onsite and available to the building official at the foundation inspection. The building official may require
top of form elevation certification prior to placing concrete for slabs.
C. Section 110.4 is amended to read as follows:
110.4 Inspection agencies.
The building official is authorized to accept reports of approved inspection agencies, licensed engineers,
licensed contractors or other qualified individuals, provided that such agencies, licensed professionals
or individuals satisfy the requirements as to qualifications and reliability.
D. Section 110.7 is added to read as follows:
110.7 Building service equipment and utility connections.
Building service equipment regulated by the technical codes shall not be connected to the water, fuel or
power supply, or sewer system until authorized by the building official. At the building official’s
discretion, the building official is authorized to release the utilities for a project prior to completion and
prior to applicable city/county function approvals. When utilities are released prior to completion and
prior to approvals by all applicable city/county departments, the property owner and/or permit holder
shall agree, in writing, on a form provided by the building official, that the building or structure will not be
occupied until released by all applicable city/county functions.
Following a natural disaster or emergency, the building official may issue such permits deemed
necessary to restore a previous legal use or to allow temporary occupancy of a site, prior to the primary
use being re-established.
E. Section 110.8 is added to read as follows:
110.8 Prior to release of occupancy of a building or structure.
When the building or structure is ready for final inspection and occupancy pursuant to Section 111 of
this code, the property owner or permit holder shall notify the building official. The building official will
Oct. 18, 2022 Item #7 Page 20 of 191
coordinate with other appropriate city/county functions described in Section 110.7 of this code, as
amended, so they may verify compliance with all laws and ordinances they are charged with enforcing.
Passing final inspection or the final approval of the building official on the building permit inspection card
does not constitute approval to occupy the structure.
18.04.045 Section 111 (Certificate of Occupancy) of the California Building Code Amended.
A. Section 111.1 is amended to read as follows:
111.1 Requirements for occupancy.
This section of the code is applicable to the following building permit application types: 1) new non-
residential buildings or structures; 2) new residential dwellings; 3) other buildings and structures to be
initially occupied or used; and 4) tenant improvements or building or structure additions with a change in
use or change in occupancy to a different group or division of occupancy. In these instances, a building
or structure shall not be used or occupied in whole or in part, and a change of occupancy of a building
or structure or portion thereof shall not be made, until the building official has issued a certificate of
occupancy therefore as provided herein.
Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the
provisions of this code or other applicable laws or ordinances of the jurisdiction. Certificates presuming
to give authority to violate or cancel the provisions of this code or other applicable laws or ordinances of
the of the jurisdiction shall not be valid.
Exceptions:
1. Unless it is specifically required by other provisions of this code, no existing building or portion
thereof shall require a certificate of occupancy provided the division of occupancy therein is the
same for which the original building permit was issued.
2. Certificates of occupancy are not required for work exempt from permits in accordance with
Section 105.2.
3. Certificates of occupancy are not required for new non-habitable accessory buildings or
structures.
4. Shell buildings have no portion approved for occupancy and generally do not comply with the
specific requirements of any group or division of occupancy. Therefore, a certificate of
occupancy may not be issued for a shell building. In lieu of a certificate of occupancy, a final
inspection report is issued to signify completion of a building or structure exclusive of interior
build out by a tenant or a property owner.
B. Section 111.2 is amended to read as follows:
111.2 Certificate of occupancy issued.
After the building official conducts a final inspection of the building or structure and does not find
violations of the provision of this code or other laws that are enforced by the department of building
safety, the building official shall issue a certificate of occupancy within one business day in
accordance with this section.
When a new certificate of occupancy is issued, it shall supersede every certificate previously issued
for that portion of the building or structure described thereon. If no new certificate is required, the
existing certificate on file will remain in effect. Duplicates of a previously issued certificate may be
secured upon the payment of the duplication fee as set forth in a fee resolution of the city council.
111.2.1 Requirements to obtain a certificate of occupancy.
The building official shall issue the certificate of occupancy when all of the following conditions have
been satisfied:
1. A request for the certificate of occupancy has been accepted by the jurisdiction.
Oct. 18, 2022 Item #7 Page 21 of 191
2. The applicable structural work and all electrical, plumbing, and mechanical systems serving the
area to be occupied are completed and approved
3. Fire protection systems are completed, fully operable, tested, and approved in the area
requested for occupancy.
4. Each structural best management practices (BMP) has been completed and is operating in
compliance with all of its specifications, plans, permits, ordinances, and the requirements of the
MS4 Permit.
5. All public utilities as required by Section 110.7 are fully operable, tested, and approved to serve
the area requested for occupancy.
6. Certificate fees specified by a fee resolution of the city council are collected.
7. The building or structure does not contain any violations of the provisions of this code.
8. All required permits of entitlement are effective and any applicable conditions are satisfied.
111.2.2 Minimum information to be provided on the certificate of occupancy.
The building official shall issue a certificate of occupancy that contains the following:
1. The building permit number.
2. The address of the building or structure.
3. The name and address of the owner or the owner’s authorized agent.
4. A description of that portion for the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance
with the requirements of this code for the occupancy and division of occupancy and the use
for which the proposed occupancy is classified.
6. The name of the building official.
7. The edition of the code under which the permit was issued.
8. The use and occupancy in accordance with the provisions of Chapter 3. (The occupancy load
only needs to be shown for assembly occupancies.)
9. The type of construction as defined in Chapter 6.
10. The design occupant load.
11. If an automatic sprinkler system is provided, whether the sprinkler system is required.
12. Any special stipulations and conditions of the building permit.
111.2.3 Limitations.
A certificate of occupancy is a declaration that the building or structure substantially complies with the
plans and specifications that have been submitted to, and approved by, the jurisdiction. A certificate is
no guarantee of building quality or compliance with other local ordinances and applicable laws, other
than documenting compliance with this code at the time the certificate was issued.
C. Section 111.3 is amended to read as follows:
111.3 Temporary occupancy.
If the building official finds that no substantial hazard will result from occupancy of any building or
portion thereof before all constructive work covered by the permit is completed, the building official may
issue a temporary certificate of occupancy for the use of a portion or portions of a building or structure
prior to the completion of the entire building or structure. This temporary occupancy is intended to apply
to the building or business owner(s) or tenants and not for members of the public. The building official
may authorize the temporary connection of the building or system service equipment to the utility source
Oct. 18, 2022 Item #7 Page 22 of 191
of energy for the purpose of testing building service equipment, or for use under a temporary certificate
of occupancy.
For cost recovery purposes, the building official will charge their fully burdened hourly rate for the time
spent on processing the request and issuing the temporary certificate. Upon receipt of such request and
payment of a cost recovery fee, the building official shall issue a temporary certificate that contains the
same information as listed in California Building Code Section 111.2.2, as amended.
111.3.1 Temporary certificate criteria.
Upon receipt of a request for a temporary certificate of occupancy and when the certificate fee has been
paid, the building official may issue a temporary certificate of occupancy. The following items will be
considered by the building official before a temporary certificate of occupancy is issued:
1. The scope of the remaining work and its impact on the use of space.
2. How the space will be maintained safe and accessible while the remaining work is completed.
3. The timeframe needed to complete the remaining work.
4. Whether approvals from other city departments and divisions are required prior to the issuance
of a temporary certificate of occupancy including: a) Planning; b) Engineering/Public Works; c)
Fire Prevention; and d) Water and Sewer.
111.3.2 Time period.
The building official shall set a time period during which the temporary certificate of occupancy is valid.
A temporary certificate of occupancy shall be valid for a period not to exceed 180 days. Additional
temporary certificates of occupancy may be issued, if the application is approved by the building official.
Upon expiration of a temporary certificate of occupancy, the building or structure shall require a
certificate of occupancy in accordance with other provisions in this code. A violation of a condition of
temporary occupancy shall constitute cause to revoke or suspend the temporary certificate of
occupancy.
18.04.050 Section 112 (Service Utilities) of the California Building Code Amended.
Section 112.4 is added to read as follows:
112.4 Authority to condemn building service equipment.
When any building service equipment is maintained in violation of the technical codes and in violation of
a notice issued pursuant to the provisions of this section, the building official shall institute appropriate
action to prevent, restrain, correct, or abate the violation. When the building official ascertains that
building service equipment regulated in the technical codes has become hazardous to life, health, or
property, or has become unsanitary, the building official shall order in writing that such equipment either
be removed or restored to a safe or sanitary condition, as appropriate. The written notice shall fix a time
limit for compliance with such order. Defective building service equipment shall not be maintained after
receiving such notice.
112.4.1 Connection after order to disconnect.
Persons shall not make connections from an energy, fuel, or power supply nor supply energy or fuel to
building service equipment which has been disconnected or ordered to be disconnected by the building
official, or the use of which has been ordered to be discontinued by the building official, until the building
official authorizes the reconnection and use of such equipment.
Oct. 18, 2022 Item #7 Page 23 of 191
18.04.055 Section 113 (Board of Appeals) of the California Building Code Amended.
A. Section 113.1 is amended to read as follows:
113.1 General.
In order to hear and decide appeals of orders, decisions or determinations made by the building official
relative to the application and interpretation of this code, its amendments and building requirements of
the jurisdiction, there shall be and is hereby created a board of appeals.
B. Section 113.3 is amended to read as follows:
113.3 Qualifications and membership.
The board of appeals shall consist of members who are qualified by experience and training to pass on
matters and reach decisions on matters pertaining to building construction and applicable building
codes, local ordinances, and other applicable law. The board shall include five regular members,
consisting of the building official from the cities of Oceanside, Encinitas, Vista, San Marcos, and
Escondido. Voting members of the board shall not be employees or residents of the jurisdiction whose
building official made the determination or took the action that is being appealed. The term shall be
considered indefinite provided that the person is authorized and directed by one of the aforementioned
jurisdictions to carry out the functions of that jurisdiction’s building division. Three members shall
constitute a quorum for the transaction of business, and three affirmative votes shall be necessary to
render a decision. The members of the board shall serve without compensation and will not be
reimbursed for their service.
113.3.1 Standing committee.
The board of appeals shall have no regular meetings, and all meetings shall be special meetings
noticed pursuant to Government Code Section 54956. The board shall be considered a "standing
committee" with a continuing subject matter jurisdiction. The board shall meet when an appeal is filed
pursuant to this section; or as called upon by the building official to provide advisory comments
regarding issues related to this code, such as the potential adoption of new codes or alternative
methods and materials.
113.3.2 Hearing examiner or chairperson.
The board of appeals may temporarily select one member to serve as a hearing examiner or
chairperson to conduct a hearing and to report the board’s findings. The examiner hearing the case
shall exercise all powers relating to the conduct of hearings until a decision is made on the appeal and
the business of the meeting has concluded.
C. Section 113.4 is added to read as follows
113.4 Secretary.
The building official shall be an ex officio member and shall act as the secretary to the board of appeals
and shall keep the minutes thereof but shall have no vote upon any matter before the board. All
meetings of the board shall be conducted pursuant to the terms of this section and called, noticed, held,
and conducted in accordance with the provisions of the Ralph M. Brown Act (Government Code
Sections 54950 et seq.).
D. Section 113.5 is added to read as follows:
113.5 Appeal to the board of appeals.
Within 10 calendar days from the date the building official’s decision was issued, any interested
person or entity dissatisfied with the decision may file with the city clerk a written appeal to the board
of appeals specifying the reasons for the appeal, together with an appeal fee established by
resolution of the city council. Any appellant who is financially unable to pay the required appeal fee
may file a written request for an appeal fee hardship waiver. The written request must be filed prior to
or contemporaneous with the filing of the appeal. The appellant requesting the appeal fee hardship
waiver shall indicate on the written appeal that an appeal fee hardship waiver request has been filed.
Oct. 18, 2022 Item #7 Page 24 of 191
The hardship waiver shall be considered by the city pursuant to the standards in Carlsbad Municipal
Code section 1.10.120. Failure of any person or entity to file a timely appeal in accordance with this
section shall constitute a waiver of the right to an appeal hearing and the building official’s decision or
action shall become final.
E. Section 113.6 is added to read as follows:
113.6 Hearing and conduct.
As soon as practicable after receiving the written appeal and appeal fee, the board shall fix a date, time,
and place for the hearing of the appeal by the board. The board shall hold a public hearing on the
matter within 60 days of the filing of the written appeal, or as soon thereafter as a quorum can be
assembled. Written notice of the time and place of the hearing shall be given at least 10 days prior to
the date of the hearing to each appellant and any interested parties of record discovered through
reasonable diligence, through either personal service or first-class mail, each appellant at the address
shown on the appeal, and to the interested parties of record at the parties’ last known address. Notice
by mail shall be deemed effective on the date of deposit.
Hearings before the board shall be open to the public. The appellant, the building official and any
person whose interests are affected shall be given an opportunity to be heard. Only those matters or
issues specifically raised by the appellant shall be considered in the hearing of the appeal.
The board of appeals may continue the hearing for good cause.
F. Section 113.7 is added to read as follows:
113.7 Decision.
The board of appeals shall hear the matter and approve, disapprove, or modify the decision of the
building official. The board of appeals shall make written findings and render a written decision on
each appeal which it hears; and shall cause a copy of same to be furnished to the appellant, to the
building official, and to any person requesting it. The board’s written determination shall be final.
There is no further administrative appeal.
G. Section 113.8 is added to read as follows:
113.8 Effect of building official’s decision during appeal period.
Except for orders issued by the building official because of conditions that represent an immediate
threat to life or safety of the public or adjacent properties, enforcement of any notice and order of the
building official shall be stayed during the pendency of an appeal therefrom which is properly and
timely filed.
18.04.060 Section 114 (Violations) of the California Building Code Amended.
A. Section 114.5 is added to read as follows:
114.5 Non-issuance.
Except as otherwise provided in this code, no permit required by this title shall be issued to a permit
applicant, and no final inspection shall be made for a property owner or permit holder, in connection
with any premises or portion thereof upon which there exists a violation of any local ordinance or
other applicable law. The building official may withhold building permits or other approvals for any
reconstruction, rehabilitation, repair, alteration, addition, or other improvement pertaining to any
existing or new building or structures on a property, or any permits pertaining to the use and
development of the real property or the structure, which are subject to an administrative or other
enforcement action if a request to appeal the action has not been timely filed; or after an appeal has
been filed and a hearing officer affirms the enforcement officer’s enforcement action; or if a notice of
pending administrative enforcement action or other notice has been recorded against the property
pursuant to the procedures set forth in the Carlsbad Municipal Code or other applicable law. The
Oct. 18, 2022 Item #7 Page 25 of 191
jurisdiction may withhold permits until the violation has been corrected, or if applicable, until a
certificate of compliance or notice of release has been recorded against the property.
114.5.1 Issuance for corrective action.
At the discretion of the building official, building permits or certificates of occupancy may be issued to
property owners or permit applicants in connection with any premises or portion thereof on which
there exists a violation of a local ordinance or other applicable law when such permits are required to
abate or remedy a violation of a local ordinance or other applicable law and the permits are
immediately necessary to protect public health, safety, or welfare.
B. Section 114.6 is added to read as follows:
114.6 Certificate of noncompliance.
If the building official determines there is a violation of this code, and the violation has been noticed or
cited but not appealed, the building official may file, in the office of the county recorder, a certificate of
noncompliance against the property where the building or structure is located. The noticing, issuance,
appeal procedures, and recording of the certificate of noncompliance shall comply with the requirements
of Carlsbad Municipal Code section 1.10.050 for a notice of pending administrative enforcement action.
If a certificate of noncompliance is filed, and where the required permit, inspection, and/or approval
required is obtained, the building official shall file a certificate of compliance with the county recorder
certifying compliance of the property. 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 for the property
may be denied.
18.04.065 Section 115 (Stop Work Order) of the California Building Code Amended.
Section 115.3 is amended to read as follows:
115.3 Unlawful continuance.
Any person who shall continue any work after 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, or that removes a
posted stop work order without written consent of the building official, shall be subject to the penalties
prescribed by Carlsbad Municipal Code Chapter 1.08 and Section 1.10.020 pertaining to stop work
orders.
18.04.070 Section 116 (Unsafe Structures and Equipment) of the California Building Code
Amended,
Section 116.1.1 is added to read as follows:
116.1.1 Appendages and structural members.
Parapet walls, cornices, spires, towers, and other appendages or structural members which are
supported by, attached to, or part of a building or structure and which are in a deteriorated condition or
otherwise unable to sustain the design loads which are specified in this code are hereby designated as
unsafe building appendages.
18.04.075 Reserved.
Oct. 18, 2022 Item #7 Page 26 of 191
18.04.080 Section 1206 (Sound Transmission) of the California Building Code Amended.
A. Section 1206.4.1 is added to read as follows:
1206.4.1 When within the noise impact boundary of an airport or freeway.
Any new residence or addition of one or more habitable rooms to an existing residence located within
the noise impact boundary of an airport or freeway must be designed to ensure that internal noise levels
due to airport or freeway operations do not exceed 45 dB. This standard may be satisfied by performing
the acoustical analysis described in section 1206.4.2 or by employing the prescribed construction
methods described in section 1206.4.3.
For purposes of this section 1206, a noise impact boundary of an airport or freeway shall be all areas
adjacent to an airport or freeway with a 65 dB or higher noise exposure. Noise exposure areas, contour
lines or zones shall be identified on an existing noise contour map adopted by the jurisdiction, such as
the existing noise contour map included as a figure or map in the Noise Element portion of the
jurisdiction’s General Plan.
For purposes of this section 1206, “freeway” shall mean expressways with controlled access and shall
include Interstate 5 (I-5) and State Route 78 (SR-78).
B. Section 1206.4.2 is added to read as follows:
1206.4.2 Acoustical analysis.
A building permit application for a new residence or addition of one or more habitable rooms to an
existing residence located within the noise impact boundary of an airport or freeway must comply with
the minimum noise insulation performance standards established in this section if it includes an
acoustical analysis demonstrating that the proposed design will ensure that internal noise levels due to
aircraft or freeway noise will not exceed 45 dB CNEL. The acoustical analysis shall be proven to meet
the standard by providing post-construction/pre-occupancy acoustic measurement to verify compliance
with the 45 dB standard. The building official has the discretion to implement policies that meet the
intent of this code section.
1. The acoustical analysis must be prepared by a person experienced in the field of acoustical
engineering. The analysis must consider and include: the topographical relationship between
aircraft and freeway noise sources and the dwelling site, the characteristics of those noise
sources, predicted noise spectra and levels at the exterior of the dwelling site, the basis for this
prediction (measured or obtained from published data), the noise insulation measures to be
employed, and the effectiveness of the proposed noise insulation measures.
2. If the interior allowable noise levels are to be met by requiring that windows be unopenable or
closed, the design for the structure must also specify a ventilation or air-conditioning system to
provide a habitable interior environment, having at least two air exchanges per hour for the
affected rooms. The ventilation system must not compromise the interior room noise reduction.
C. Section 1206.4.3 is added to read as follows:
1206.4.3 Prescribed construction methods.
A building permit application for a new residence or addition of one or more habitable rooms to an
existing residence located within the noise impact boundary of an airport or freeway must comply with
the minimum noise insulation performance standards established in this section if the design
incorporates the following construction methods:
1. Construction methods in the 70 dB and greater noise zone.
a. Exterior walls. Buildings and structures in LDN contours 70 dB and greater shall
conform to the requirements for LDN contour 65 dB to 70 dB.
b. Exterior Windows. 1) Openable windows: all openable windows in the exterior walls of
habitable rooms must have a laboratory sound transmission class rating of at least
STC 40 dB and must have an air infiltration rate of no more than 0.5 cubic feet per
Oct. 18, 2022 Item #7 Page 27 of 191
minute when tested according to ASTM E-283. 2) Fixed Windows: all fixed windows in
the exterior walls of habitable rooms must: i) have a sound transmission class rating of
at least STC 40 dB, ii) or must be 5/8-inch laminated glass with STC rating of 40 dB
and must be set in non-hardening glazing materials, or iii) must be glass block at least
3 1/2 inches thick. 3) The total areas of glazing in rooms used for sleeping must not
exceed 20% of the wall area.
c. Exterior Doors. 1) Exterior hinged doors to habitable rooms that are directly exposed to
aircraft or freeway noise and are facing the source of the noise must be a door and
edge seal assembly that has a laboratory sound transmission class of at least STC 40
dB. 2) Exterior hinged doors to habitable rooms that are not directly exposed to aircraft
or freeway noise and do not face the source of the noise must have a minimum STC
rating of 35 dB. 3) Sliding glass doors in habitable rooms must not be allowed in walls
that are directly exposed to aircraft or freeway noise. Sliding glass doors in walls that
are not directly exposed must have an STC rating of at least 40 dB. 4) Access doors
from an attached garage to the interior of a residence must have an STC rating of at
least 30 dB.
d. Roof/Ceiling Construction. Buildings and structures in LDN contours 70 dB and greater
shall conform to the requirements for LDN contour 65 dB to 70 dB.
e. Ventilation. Buildings and structures in LDN contours 70 dB and greater shall conform
to the requirements for LDN contour 65 dB to 70 dB.
2. Construction Methods in the 65 dB to 70 dB noise zone
a. Exterior Walls. New walls that form the exterior portion of habitable rooms must be
constructed as follows: 1) Studs must be at least 4 inches in nominal depth. 2) Exterior
finish must be stucco, minimum 7/8-inch thickness, brick veneer, masonry, or any siding
material allowed by this code. Wood or metal siding must be installed over 1/2-inch
solid sheathing. 3) Masonry walls with a surface weight of less than 40 pounds per
square foot will require an interior studwall that is finished with at least 5/8-inch thick
gypsum wallboard or plaster. 4) Wall insulation must be at least R-11 glass fiber or
mineral wool and must be installed continuously throughout the stud space. 5) Exterior
solid sheathing must be covered with overlapping asphalt felt. 6) Interior wall finish must
be at least 5/8-inch thick gypsum wallboard or plaster.
b. Exterior Windows. 1) Openable Windows: All openable windows in the exterior walls of
habitable rooms must have a laboratory sound transmission class rating of at least STC
35 dB and must have an air infiltration rate of no more than 0.5 cubic feet per minute
when tested according to ASTM E-283. 2) Fixed Windows: All fixed windows in the
exterior walls of habitable rooms must be at least 1/4-inch thick and must be set in non-
hardening glazing materials. 3) The total area of glazing in rooms used for sleeping
must not exceed 20% of the floor area.
c. Exterior Doors. 1) Exterior hinged doors to habitable rooms that are directly exposed to
aircraft or freeway noise and are facing the source of the noise must be a door and
edge seal assembly that has a laboratory sound transmission class of at least STC 35
dB. 2) Exterior hinged doors to habitable rooms that are not directly exposed to aircraft
or freeway noise and do not face the source of the noise must have a minimum STC
rating of 30 dB. 3) Sliding glass doors in habitable rooms must have glass that is 1/4-
inch thick. 4) Access doors from a garage to a habitable room must have an STC rating
of at least 30 dB.
d. Roof/Ceiling Construction. 1) Roof rafters must have a minimum slope of 4:12 and must
be covered on their top surface with minimum 1/2-inch solid sheathing and any roof
covering allowed by this code. 2) Attic insulation must be batt or blow-in glass fiber or
mineral wool with a minimum R-30 rating applied between the ceiling joists. 3) Attic
ventilation must be: i) gable vents or vents that penetrate the roof surface that are fitted
Oct. 18, 2022 Item #7 Page 28 of 191
with transfer ducts at least 6 feet in length that are insulating flexible ducting or metal
ducts containing internal 1-inch thick coated fiberglass sound absorbing duct liner. Each
duct must have a lined 90-degree bend in the duct so that there is no direct line of sight
from the exterior through the duct into the attic; or ii) noise control louver vents; or iii)
eave vents that are located under the eave overhang. 4) Ceilings must be finished with
gypsum board or plaster that is at least 5/8-inch thick. 5) Skylights must penetrate the
ceiling by means of a completely enclosed light well that extends from the roof opening
to the ceiling opening. A secondary openable glazing panel must be mounted at the
ceiling line and must be glazed with at least 3/16-inch plastic, tempered or laminated
glass. The weather-side skylight must be any type that is permitted by the building
code.
e. Ventilation. 1) A ventilation system must be provided that will provide at least the
minimum air circulation and fresh air supply requirements of this code in each habitable
room without opening any window, door or other opening to the exterior. All concealed
ductwork must be insulated flexible glass fiber ducting that is at least 10 feet long
between any two points of connection. 2) Kitchen cooktop vent hoods must be the non-
ducted recirculating type with no ducted connection to the exterior.
D. Section 1206.4.4 is added to read as follows:
1206.4.4 Complaints.
Where a complaint as to noncompliance with this section requires a field test, the complainant shall post
a bond or adequate funds in escrow for the cost of the field test in an amount as required per fee
resolution of the city council. Such costs shall be chargeable to the complainant if the field tests show
compliance with this division. If the tests show noncompliance, testing costs shall be borne by the
property owner or builder.
18.04.085 Section 1501 (General) of the California Building Code Amended.
Section 1501.1 is amended to read as follows:
1501.1 Scope.
The provisions of this chapter shall govern the design, materials, construction and quality of roof
assemblies, and rooftop structures.
1. Roofing assemblies, roof coverings, and roof structures shall be as specified in this code
and as otherwise required by local ordinance or applicable law.
2. Roofing assemblies and roof coverings other than wood shakes and shingles shall be
Class A fire rated.
3. Wood shakes and shingles of any classification are prohibited as a roof covering on all
structures and on all replacement roofs.
4. Roof coverings shall be secured or fastened to the supporting roof construction and shall
provide weather protection for the building at the roof.
5. Skylights shall be constructed as required in Chapter 24 of this code. Use of plastics in
roofs shall comply with Chapter 26 of this code. Solar photo-voltaic energy collectors
located above or upon a roof shall be class A fire rated.
Oct. 18, 2022 Item #7 Page 29 of 191
18.04.090 Section 1505 (Fire Classification) of the California Building Code Amended.
Section 1505.9 is amended to read as follows:
1505.9 Rooftop mounted photovoltaic (PV) panel systems.
Rooftop mounted photovoltaic (PV) panel systems shall be tested, listed and identified with a fire
classification of A, in accordance with UL 2703. Listed systems shall be installed in accordance
with the manufacturers installation instructions and their listing.
18.04.095 Street Name Signs.
All private and public streets within the city shall have designated street names which shall be identified by signs.
The size and type of street signs and the names of streets shall be subject to the approval of the city planning
division, and the police and fire departments. Location and number of signs shall be as required by the city.
SECTION IV: Carlsbad Municipal Code Chapter 18.06 is amended by replacing and replacing it
to read as follows:
Chapter 18.06
UNIFORM HOUSING CODE
Sections:
18.06.010 Adoption and scope.
18.06.010 Adoption and scope.
Chapters 10, 11, 14, 15 and 16 of the Uniform Housing Code (UHC), 1997 edition, as published by the
International Conference of Building Officials (ICBO), are adopted and incorporated by this reference as the
housing code. The following chapters are deleted: Chapters 1 through 9, 12 and 13.
The provisions of this code that are adopted by the city shall apply to all residential buildings and structures or
portions thereof used, or designed or intended to be used, including but not limited to any appurtenances
connected or attached to such buildings or structures.
SECTION V: Carlsbad Municipal Code Chapter 18.08 is amended by repealing and replacing
it to read as follows:
Chapter 18.08
HISTORICAL BUILDING CODE
Sections:
18.08.010 Adoption and scope.
18.08.010 Adoption and scope.
The 2022 California Historical Building Code, California Code of Regulations, Title 24, a portion of the
California Building Standards Code, is adopted in its entirety and incorporated by this reference as the
historical building code.
Oct. 18, 2022 Item #7 Page 30 of 191
SECTION VI: Carlsbad Municipal Code Chapter 18.09 is added to read as follows:
Chapter 18.09
EXISTING BUILDING CODE
Sections:
18.09.010 Adoption and scope.
18.09.010 Adoption and scope.
The 2022 California Existing Building Code, California Code of Regulations, Title 24, a portion of the California
Building Standards Code, is adopted in its entirety and incorporated by this reference as the existing building
code. The following appendices of the existing building code are included in the adoption: Appendix A
(Guidelines for the Seismic Retrofit of Existing Buildings) and B (Supplementary Accessibility Requirements
for Existing Buildings and Facilities). The following sections, chapters, or appendices are deleted: Section 103
et seq. through Section 114 et seq.; and Appendices C and D.
The provisions of this code that are adopted by the city shall apply to all existing buildings and structures for
which a legal building permit has been issued, including but not limited to any appurtenances connected or
attached to such buildings or structures.
SECTION VII: Carlsbad Municipal Code Chapter 18.10 is added to read as follows:
Chapter 18.10
MECHANICAL CODE
Sections:
18.10.010 Adoption and scope. 18.10.020 Screening for mechanical equipment and devices. 18.10.030 Rooftop hazard avoidance.
18.10.010 Adoption and scope.
The 2022 California Mechanical Code, California Code of Regulations, Title 24, a portion of the California
Building Standards Code, is adopted and incorporated by this reference as the mechanical code. The following
sections, chapters, or appendices are deleted: Sections 103 et seq., 104.3, 104.4, 106 et seq. and 107 et seq.
of Chapter 1; Chapter 15; and Appendices A through H.
The provisions of this code that are adopted by the city shall apply to mechanical systems, materials, or
appurtenances or portions thereof and other related building service equipment installed, used, designed or
intended to be used.
18.10.020 Screening for mechanical equipment and devices.
A. Installation, remodel, replacement, removal, abatement or discontinuance of mechanical systems and
related building service equipment shall meet the requirements of this section.
B. Roof-mounted mechanical equipment and devices. Mechanical equipment, including, but not limited to, air
conditioning, heating, tanks, ducts, elevator enclosures, cooling towers, solar panels, or other similar equipment
shall be adequately screened from view from surrounding properties, adjacent public streets, and on-site parking
areas. Screening shall be accomplished with mechanical roof wells recessed below the roof line, by solid and
permanent roof-mounted screens, use of parapet walls, or building design integration and concealment by portions
Oct. 18, 2022 Item #7 Page 31 of 191
of the same building or other structure. Alternative methods for screening may include the consolidation and
orientation of devices towards the center of the rooftop with enclosure and the use of neutral color surfaces or
color paint matching. Chain link fencing with or without wooden/plastic slats is prohibited.
1. All electrical and mechanical duct work and related piping shall be inside the building and not
the roof. All connections related to equipment shall be made in the same roof opening on the
platform or have the prior approval from the building official. Any under-roof or wall-mounted
cables, raceway, conduit, or other device connection to support roof-mounted assemblies is
subject to Section 2803.3.
2. Sewer vents shall be brought to on main vent below the roof and have one penetration where
restrooms or other plumbing fixtures are back to back or in the general proximity.
3. All air exhaust fans and other equipment shall be within the building and use the same roof
opening where restroom and other equipment are back to back or in the general proximity.
4. All roof appurtenances and screening devices shall be architecturally integrated with
construction and appearance similar to and compatible with the building or structure on which
the equipment is placed to the satisfaction of the building official. All visible elements should
have symmetry in all visible dimensions and be contextually balanced so that the screening
does not dominate the element they are placed on.
C. Ground-mounted mechanical equipment and devices. All ground-mounted mechanical equipment,
including but not limited to heating and air conditioning units and swimming pool and spa pumps and filters, shall
be completely screened from view from surrounding properties and adjacent public streets by a solid wall or
fence or shall be enclosed within a building or electrical/service room. Alternative methods for screening
equipment from the public right-of-way and adjacent properties may include the placement of equipment in
locations where buildings serve the purpose of screening or any other method approved by the building official.
Chain link fencing with or without wooden or plastic slats is prohibited.
In locations where ground-mounted mechanical equipment is completely screened from surrounding properties
and adjacent to public streets, but visible on-site, the ground-mounted equipment shall be surrounded by sight-
obscuring landscaping, enclosed within a structure (i.e., equipment enclosure), and/or painted with neutral
colors that are compatible with structures and landscaping on the property. Structural, design, and/or
landscaping plans for any required screening under the provisions of this section shall be approved by the
building official.
D. Wall-mounted devices. Large wall-mounted mechanical and electrical equipment, which are greater than
36 inches in height or width, shall be completely screened from the public right-of-way, adjacent properties, and
on-site parking areas or shall be enclosed within a building or electrical/service room. Minor wall-mounted
mechanical and electrical equipment, such as electric panels, utility meters, or junction boxes, which are 36
inches in height and width or less shall be screened to the maximum extent practicable through the use of
building design integration and concealment, enclosure, or surface color paint matching and be screened by
walls or fences or sight-obscuring landscaping. Chain link fencing with or without wooden or plastic slats is
prohibited.
1. All exterior wall-mounted cables, raceway, conduit, or other device connection to support any
roof-mounted, ground-mounted, or wall-mounted mechanical devices, shall be painted to match
the color of the building wall or surface on which they are mounted and shall be sited to
minimize the appearance or be in a location that is reasonably compatible and in harmony with
the architectural styling and detailing of the building.
E Exceptions to screening requirements. Where it can be clearly demonstrated that the exterior mechanical
equipment is not visible from any surrounding properties, adjacent public streets, and on-site parking areas, the
building official may waive the screening requirements of this section. Furthermore, the following mechanical
equipment and devices will be fully or partially exempt from the foregoing screening requirements of this section,
but may be regulated separately by some other law or ordinance: 1) electric vehicle charging support systems;
2) electric generating facilities, including solar photovoltaic systems; and 3) satellite television antennas.
Oct. 18, 2022 Item #7 Page 32 of 191
F. Removal, abatement and discontinuance of mechanical equipment or devices. Where roof-mounted or
wall-mounted equipment, devices or other appurtenances are removed, abated or discontinued, any unused
openings on any roof or wall must be sealed and restored to match the structural condition and appearance of
its surroundings.
18.10.030 Rooftop hazard avoidance.
Rooftop hazard avoidance. Rooftop mechanical equipment, other equipment requiring maintenance and roof
access hatches shall be located so that routine maintenance and approach thereof is more than 10 feet of the
edge of the roof. This standard may only be encroached upon approval by the building official and only when the
building official is satisfied that compliance with the rooftop location requirement is impracticable because of
structural or construction difficulties or it is detrimental to the preservation of a historic building.
SECTION VIII: Carlsbad Municipal Code Chapter 18.12 is amended by repealing and replacing
it to read as follows:
Chapter 18.12
ELECTRICAL CODE
Sections:
18.12.010 Adoption and scope. 18.12.020 Permits required. 18.12.030 Permits – Exceptions. 18.12.040 Permit – Application. 18.12.050 Temporary meter sets.
18.012.010 Adoption and scope.
The 2022 California Electrical Code, California Code of Regulations, Title 24, a portion of the California Building
Standards Code, is adopted in its entirety and incorporated by this reference as the electrical code.
The provisions of this code that are adopted by the city shall apply to electrical wiring, apparatus and systems
installed, used, designed or intended to be used.
18.12.020 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 18.12.030.
B. 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.
C. 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.
Oct. 18, 2022 Item #7 Page 33 of 191
18.12.030 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.
18.12.040 Permit – Application.
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.
18.12.050 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.
SECTION IX: Carlsbad Municipal Code Chapter 18.16 is amended by repealing and replacing
it to read as follows:
Chapter 18.16
PLUMBING CODE
Sections:
18.16.010 Adoption and scope. 18.16.020 Section 1505 (Recycled Water Systems in Buildings) of the California Plumbing Code. Amended. 18.16.030 Sizing of roof drainage systems.
18.16.010 Adoption and scope.
The 2022 California Plumbing Code, California Code of Regulations, Title 24, a portion of the California Building
Standards Code, is adopted and incorporated by this reference as the plumbing code except for changes,
additions, deletions and amendments in this chapter. The following appendices of the plumbing code are
included in the adoption: Appendix H (Private Sewage Disposal Systems) and M (Peak Water Demand
Calculator). The following sections, chapters, or appendices are deleted: Sections 103 et seq., 104.3, 104.4,
104.5, 106 et seq. and 107 et seq. of Chapter 1; and Appendices A through G, I through L, and N.
The provisions of this code that are adopted by the city shall apply to plumbing equipment, systems, materials,
or appurtenances or portions thereof installed, used, designed or intended to be used.
Oct. 18, 2022 Item #7 Page 34 of 191
18.16.020 Section 1505 (Recycled Water Systems in Buildings) of the California Plumbing Code
Amended.
Section 1505.10 is amended to read as follows:
1505.10 Required Appurtenances.
The recycled water supply system and the potable water system within the building and the premises
shall be provided with the required appurtenances (e.g., valves, air/vacuum relief valves, etc.).
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.
18.16.030 Sizing of roof drainage systems.
A rainfall participation rate of 3.7 inches per hour in a 100-year storm event (one hour duration) shall be utilized
as a guideline to calculate the minimum sizing of roof drainage systems required. Roof drainage systems shall
be permitted to be sized using the roof area and the slope of the roof area served by each of the drain inlet.
Calculations for the roof drainage system shall be submitted along with the plan for approval.
SECTION X: Carlsbad Municipal Code Chapter 18.18 is amended by repealing it and replacing
it to read as follows:
Chapter 18.18
SOLAR ENERGY CODE
Sections:
18.18.010 Adoption and scope.
18.18.010 Adoption and scope.
The Uniform Solar, Hydronics and Geothermal Code, 2021 edition, copyrighted by the International Association
of Plumbing and Mechanical Officials is adopted in its entirety and incorporated by this reference as the solar
energy code.
Oct. 18, 2022 Item #7 Page 35 of 191
SECTION XI: Carlsbad Municipal Code Chapter 18.20 is amended by repealing and replacing
it to read as follows:
Chapter 18.20
Residential Code
Sections:
18.20.010 Adoption and scope. 18.20.020 Section R104 (Duties and Powers of the Building Official) of the California Residential Code Amended. 18.20.030 Section R105 (Permits) of the California Residential Code Amended. 18.20.040 Section R106 (Construction Documents) of the California Residential Code Amended. 18.20.050 Section R109 (Inspections) of the California Residential Code Amended. 18.20.060 Section R111 (Utilities) of the California Residential Code Amended. 18.20.070 Section R901 (General) of the California Residential Code Amended.
18.20.010 Adoption and scope.
A. The 2022 California Residential Code, California Code of Regulations, Title 24, a portion of the California
Building Standards Code, is adopted and incorporated by this reference as the residential code except for
changes, additions, deletions and amendments in this chapter. The following appendices of the residential
code are included in the adoption: Appendix AH (Patio Covers), AK (Sound Transmission), AQ (Tiny House),
AX (Swimming Pool Safety Act) and AZ (Emergency Housing). The following sections or appendices are
deleted: Sections R108 et seq., R110 et seq., R112 et seq., R113 et seq. and R114 et seq. of Chapter 1; and
Appendices AF, AG, AI, AJ, AL, AO, AR through AW, and AY.
The provisions of this code that are adopted by the city shall apply to detached one- and two-family dwelling and
townhomes not more than three stories and structures accessory thereto installed, used, designed or intended
to be used.
B. The building official is hereby authorized and directed to apply the administrative, organizational and
enforcement rules and regulations of the building code to implement the residential code or portions of the code
adopted. Administrative provisions relating to building fees, code compliance, enforcement, violations and
penalties are specified in Sections 109, 111, and 113 through 115 of the California Building Code, Part 2,
Volume 1, Chapter 1-Division II, as amended and adopted by the city.
18.20.020 Section R104 (Duties and Powers of the Building Official) of the California Residential Code Amended.
Section R104.1 is amended to read as follows:
R104.1 General.
The building official is hereby authorized and directed to enforce the provisions of this code. The
building official shall have the authority to render interpretations of this code and to adopt policies and
procedures as supplemental to this code in order to clarify the application of its provisions or to
implement or facilitate inspection functions, the issuance of permits and certificates, and other
administrative and enforcement duties imposed by the code. Such interpretations, policies and
procedures shall be in compliance with the intent and purpose of this code. Such policies and
procedures shall not have the effect of waiving requirements specifically provided for in this code.
Oct. 18, 2022 Item #7 Page 36 of 191
18.20.030 Section R105 (Permits) of the California Residential Code Amended.
A. Section R105.1 is amended to read as follows:
R105.1 Required.
Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish
or change the occupancy of a building or structure, or to erect, install, alter, repair, remove, convert or
replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this
code, or to cause any such work to be performed shall first make application to the building official and
obtain the required permit. The submission of a building permit application shall be construed as
attestation that the property owner and/or permit applicant are aware of the scope of the project and will
only perform or allow work within that scope unless a building permit revision is subsequently authorized
by the building official.
R105.1.1 Personal or electronic submission.
The property owner or permit applicant may submit the permit application and associated
documentation to the building division by personal or electronic submittal together with any required
permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the
applicant on all forms, applications, and other documentation may be used in lieu of a wet signature.
R105.1.2. Partial permits.
At the discretion of the building official, a partial permit may be issued to allow construction to begin
before the project plans are approved. To qualify for a partial permit, the permit applicant must submit
plans for the primary permit, and the plans must be accepted as complete for the jurisdiction’s review.
Work authorized by the partial permit shall be limited to underground site work, including underground
plumbing, electrical, and mechanical work.
B. Section R105.2 is amended to read as follows:
R105.2 Work exempt from permit.
Exemption 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. Other than storm shelters, one-story detached accessory buildings or structures, provided that
the floor area does not exceed 120 square feet (11.15 square meters) and the building or
structure is entirely above grade and is not located on a maintenance easement, on a public
utilities easement, or within a setback area as required by any local ordinance or other
applicable law. The building or structure shall not exceed the height requirements set forth in
any local ordinance or other applicable law. It is permissible that these buildings or structures
still be regulated by Section 710A despite exemption from permit.
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. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. Swings and other playground equipment accessory to detached one- and two¬ family dwellings.
Oct. 18, 2022 Item #7 Page 37 of 191
9. Window awnings, 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.
10. Decks not exceeding 200 square feet (18.58 square meters) in area, that are not more than 30
inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the
exit door required by Section R311.4.
11. Skateboard ramps. The building or structure shall not exceed the height requirements set forth
in any local ordinance or other applicable law.
Electrical:
1. Listed cord-and-plug connected temporary decorative lighting.
2. Reinstallation of attachment plug receptacles but not the outlets therefor.
3. Replacement of branch circuit overcurrent devices of the required capacity in the same location.
4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts
and not capable of supplying more than 50 watts of energy.
5. Minor repair work, including the replacement of lamps or the connection of approved portable
electrical equipment to approved permanently installed receptacles.
Gas:
1. Portable heating, cooking or clothes drying appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such
equipment unsafe.
3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this
code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative coolers.
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.
8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
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.
Oct. 18, 2022 Item #7 Page 38 of 191
C. Section R105.3 is amended to read as follows:
R105.3 Application for permit.
To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by
the department of building safety for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for which application is made.
2. Describe the land on which the proposed work is to be done by legal description, street
address or similar description that will readily identify and definitely locate the proposed
building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in Section
R106.1.
5. State the valuation of the proposed work. The valuations or value shall include the total value
of work, including materials and labor for which the building permit is requested. Contract
price valuations may be subject to further review and documentation.
6. Where applicable, state the area to be landscaped in square feet and the source of water for
irrigation.
7. Be signed by the property owner or applicant, or the applicant’s authorized agent, who may be
required to submit evidence to indicate signature authority. Whenever any constructive work,
including but not limited excavation or fill, requires entry onto adjacent property for any reason,
the permit applicant shall obtain the written consent or written proof of legal easements or other
property rights of the adjacent property owner or their authorized representative. The consent
shall be in a form acceptable to the building official.
8. Diversion requirement and waste management plans. Except as otherwise provided in this
code, all property owners or permit applicants shall complete and submit a waste management
plan as part of the application packet for the building permit, certifying that the diversion
requirements will be satisfied for construction waste reduction, disposal, and recycling.
9. Give such other data and information as required by the building official.
R105.3.1 Action on application.
The building official shall examine or cause to be examined applications for permits and amendments
thereto within a reasonable time after filing. If the application or the construction drawings do not
conform to the requirements of pertinent laws, the building official shall reject such application in writing,
stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the
requirements of this code and laws and ordinances applicable thereto, the building official shall issue a
permit therefor as soon as practicable to the property owner or the permit 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 jurisdiction 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.
R105.3.1.2 Rebuild threshold and limits on repair and remodel.
The building official shall determine the applicability of certain permitting procedures and
requirements for repair and remodeling projects on a case-by-case basis. A project classified as
"rebuild" pursuant to this section shall be treated as a new building or structure. Modification of
fixtures, finishes, and systems shall not be considered in measuring project magnitude.
Oct. 18, 2022 Item #7 Page 39 of 191
“New construction” is defined as any work, addition to, remodel, repair, renovation, or alteration of any
building(s) or structure(s) when 75% or more of the exterior weight bearing walls is removed or
demolished.
The cumulative scope for permitted work within any three-year period shall be added together when
determining whether the scope of work constitutes a rebuild. For the purposes of this section, the
computation of time shall be measured from the latest permit’s date of issuance. The calculation of
the percentage of floor area affected and final determination of required improvements shall be made
by the building official.
Special consideration for unforeseen defects and damages. If construction defects or damages (e.g.,
pest or water damage) are discovered after construction has begun that were not predictable or
known by ordinary means such as pest damage reports and other inspections and precautions, work
must cease until the building official has been notified. The building official shall have the discretion to
evaluate the circumstances of the discovery and may allow the rebuild threshold to be increased
provided procedures deemed appropriate by the building official are followed.
R105.3.2 Time limitation of application.
An application for a permit for any proposed work shall be deemed to have been abandoned 365 days
after the date of filing, unless such application has been pursued in good faith or a permit has been
issued; except that the building official is authorized to grant one or more extensions of time for
additional periods not exceeding 180 days each. The extension shall be requested in writing and
justifiable cause demonstrated.
E. Section R105.4 is amended to read as follows:
R105.4 Validity of permit.
The permit when issued shall be for such construction as is described in the building permit application
and no deviation shall be made from the construction so described without the written approval of the
building official. The permit holder (property owner or permit applicant) is obligated to maintain the
accuracy of the building permit application and the approved building plan set, and shall promptly report
to the building official any construction defects or damages discovered after construction has begun.
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any
violation of any of the provisions of this code or of any other ordinance, order or other requirement of the
jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other
ordinances, orders or other requirements of the jurisdiction shall not be valid. The issuance of a permit
based on construction documents and other data shall not prevent the building official from requiring the
correction of errors in the construction documents and other data. The building official is authorized to
prevent occupancy or use of a structure where in violation of this code or of any other ordinances,
orders or other requirements of this jurisdiction.
F. Section R105.5.2 is added to read as follows:
R105.5.2 Defining commencement of work and substantial work.
For the purpose of this section, commencement of work shall be defined as the successful completion,
inspection, and approval of the entire foundation system for the permitted building or structure, including
the placement of concrete. If the permit is for a building or structure that does not include a foundation,
then the building official will determine that the work has commenced if the amount of work completed
shows a good faith effort to substantially perform the work authorized by the permit, which shall be
construed to mean measurable work such as, but not limited to, the addition of footings, structural
members, flooring, wall coverings, plumbing systems, mechanical systems, and electrical systems.
G. Section R105.5.3 is added to read as follows:
R105.5.3 Expired permits.
It is unlawful for any person, firm, or corporation to maintain any building, structure, or equipment, or
portion thereof, regulated by this code if permits required by this code are expired without final
Oct. 18, 2022 Item #7 Page 40 of 191
inspection approval and no application by the permittee has been made to obtain new permits to
complete the work authorized under the expired permit.
Where a building or structure remains unfinished after the permit has expired, the property owner or
permit applicant must, within 60 days after written notice by the building official, demolish and remove
the building or structure or obtain a new permit. Before such work can be recommenced, a new
building permit must be obtained.
The building permit fee collected by the building official to reinstate an expired permit 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
expiration has not exceeded one year.
H. Section R105.5.4 is added to read as follows:
R105.5.4 Sewer allocation system.
The provisions of any sewer allocation system adopted by local ordinance or other applicable law shall
supersede the reinstatement of an expired permit if the building permit was issued pursuant to such
system.
I. Section R105.6.1 is added to read as follows:
R105.6.1 Unfinished building and structures.
Where a building or structure remains unfinished after the permit therefore has been suspended or
revoked, the property owner shall, within 60 days after written notice by the building official, demolish
and remove the same or obtain a new permit. Before such work can be recommenced, a new building
permit shall be obtained.
J. Section R105.10 is added to read as follows:
R105.10 Unpermitted buildings and structures.
No person shall own, use, occupy or maintain any "unpermitted structure." For the purposes of this
code, "unpermitted structure" shall be defined as any building or structure, or portion thereof, that was
reconstructed, rehabilitated, repaired, altered, added to, improved, or equipped, at any point in time
without the required permit(s) having first been obtained from the building official, or any unfinished
work for which a permit has expired.
18.20.040 Section R106 (Construction Documents) of the California Residential Code Amended.
A. Section R106.2.1 is added to read as follows:
R106.2.1 Site drainage.
Where proposed construction will affect site drainage, existing and proposed drainage patterns shall be
shown on the plot plan.
B. Section R106.2.2 is added to read as follows:
R106.2.2 Foundation survey.
A survey of the lot is required by the building official to verify the proposed building or structure is
located in accordance with the approved plans when a new foundation is proposed at five feet or closer
to an adjacent property line.
C. Section R106.2.3 is added to read as follows:
R106.2.3 Waiver.
The building official may grant the omission of a site plan, design flood elevations, site drainage, and/or
foundation survey information when the proposed work is of such a nature that no information is needed
to determine compliance with all laws relating to the location of buildings or occupancies.
Oct. 18, 2022 Item #7 Page 41 of 191
D. Section R106.6 is added to read as follows:
R106.6 Prerequisite for pad certification.
Except as otherwise provided in this code, upon completion of the rough grading work and prior to
issuance of any building permit, the property owner or permit applicant must submit the required pad
certifications/documents to the applicable governing authority. This information shall also be maintained
onsite and available to the building official at the foundation inspection, pursuant to Section R109.1.1 of
this code.
18.20.050 Section R109 (Inspections) of the California Residential Code Amended.
A. Section R109.1 is amended to read as follows:
R109.1 Types of inspections.
For on-site construction, from time to time the building official, upon notification from the permit holder or
his agent, shall make or cause to be made any necessary inspections and shall either approve that
portion of the construction as completed or shall notify the permit holder or his or her agent wherein the
same fails to comply with the code. The enforcing agency upon notification of the permit holder or their
agent shall within a reasonable time make the inspections set forth in Section R109.1.1, R109.1.1.1,
R109.1.3, R109.1.4, R109.1.4.1, R109.1.4.2, R109.1.5, R109.1.5.1, R109.1.5.2, R109.1.5.3, R109.1.6,
R109.1.6.1 and R109.1.6.2.
The building official may be contacted by a property owner or permit holder to arrange a pre-
construction meeting involving contractors, engineer of record, architects, and any other essential
project participants. The meeting may be used to clarify areas of responsibility, to establish lines of
communication to be used by all involved parties through the inspection process, and to answer
questions about complex construction details and project phasing. For cost recovery purposes, the
building official may charge their fully burdened hourly rate for time spent arranging, preparing, and
participating in such meetings.
Note: Reinforcing steel or structural framework of any part of any building or structure shall not be
covered or concealed without first obtaining the approval of the enforcing agency.
B. Section R109.1.1 is amended to read as follows:
R109.1.1 Foundation inspection.
Inspection of the foundation and footings shall be made after poles or piers are set or trenches or
basement areas are excavated and any required forms erected and any required reinforcing steel is in
place and supported prior to the placing of concrete. The foundation or footings shall include
excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports
or equipment and special requirements for wood foundations. Materials for the foundation shall be on
the job except where concrete is ready mixed in accordance with ASTM C94. Under this circumstance,
concrete is not required to be at the job site.
A California State licensed surveyor is required to certify the location and setbacks of new construction
prior to the first foundation inspection if the proposed building or structure is located five feet or closer to
an adjacent property line. A copy of the certification shall be available to the building official prior to the
first inspection. Prior to the approval of any foundation inspection the permit holder shall submit the
setback certification that certifies by field measurement that the location of the building meets or
exceeds the minimum setback distance as shown on the approved building plan set.
Pad and elevation certification information pursuant to Section 107.2.9 of this code shall be maintained
onsite and available to the building official at the foundation inspection. The building official may require
top of form elevation certification prior to placing concrete for slabs.
The building official may grant exemptions to these requirements for accessory buildings or structures,
on a case-by-case basis, when sufficient physical evidence (such as survey monuments) exists from
Oct. 18, 2022 Item #7 Page 42 of 191
which it can be demonstrated that the accessory building or structure is located in relation to property
lines as shown on the approved plans.
C. Section R109.1.2.1 is added to read as follows:
R109.1.2.1 Building service equipment and utility connections.
Building service equipment regulated by the technical codes shall not be connected to the water, fuel or
power supply, or sewer system until authorized by the building official. At the building official’s
discretion, the building official is authorized to release the utilities for a project prior to completion and
prior to applicable city/county function approvals. When utilities are released prior to completion and
prior to approvals by all applicable city/county departments, the property owner and/or permit holder
shall agree, in writing, on a form provided by the building official, that the building or structure will not be
occupied until released by all applicable city/county functions.
Following a natural disaster or emergency, the building official may issue such permits deemed
necessary to restore a previous legal use or allow temporary occupancy of a site, prior to the primary
use being re-established
D. Section R109.1.6.3 is added to read as follows:
R109.1.6.3 Prior to release of occupancy of a building or structure.
When the building or structure is ready for final inspection and occupancy, the property owner or permit
holder shall notify the building official. The building official will coordinate with other appropriate
city/county functions so they may verify compliance with all laws and ordinances they are charged with
enforcing.
Passing final inspection or the final approval of the building official on the building permit inspection card
does not constitute approval to occupy the structure.
E. Section R109.2 is amended to read as follows:
R109.2 Inspection agencies.
The building official is authorized to accept reports of approved inspection agencies, licensed engineers,
licensed contractors or other qualified individuals, provided that such agencies, licensed professionals
or individuals satisfy the requirements as to qualifications and reliability.
18.20.060 Section R111 (Utilities) of the California Residential Code Amended.
Section R111.4 is added to read as follows:
R111.4 Authority to condemn building service equipment.
When any building service equipment is maintained in violation of the technical codes and in violation of
a notice issued pursuant to the provisions of this section, the building official shall institute appropriate
action to prevent, restrain, correct, or abate the violation. When the building official ascertains that
building service equipment regulated in the technical codes has become hazardous to life, health or
property, or has become unsanitary, the building official shall order in writing that such equipment either
be removed or restored to a safe or sanitary condition, as appropriate. The written notice shall fix a time
limit for compliance with such order. Defective building service equipment shall not be maintained after
receiving such notice.
R111.4.1 Connection after order to disconnect.
Persons shall not make connections from an energy, fuel, or power supply nor supply energy or fuel to
building service equipment which has been disconnected or ordered to be disconnected by the building
official, or the use of which has been ordered to be discontinued by the building official, until the building
official authorizes the reconnection and use of such equipment.
Oct. 18, 2022 Item #7 Page 43 of 191
18.20.070 Section R901 (General) of the California Residential Code Amended.
Section R901.1 is amended to read as follows:
R901.1 Scope.
The provisions of this chapter shall govern the design, materials, construction and quality of roof
assemblies and rooftop structures.
1. Roofing assemblies, roof coverings, and roof structures shall be as specified in this code
and as otherwise required by local ordinance or applicable law.
2. Roofing assemblies and roof coverings other than wood shakes and shingles shall be
Class A fire rated.
3. Wood shakes and shingles of any classification are prohibited as a roof covering on all
structures and on all replacement roofs.
4. Roof coverings shall be secured or fastened to the supporting roof construction and shall
provide weather protection for the building at the roof.
5. Skylights shall be constructed as required in Section R308.6 and Chapter 9. Use of
plastics in roofs shall comply with R316 and Chapter 9. Solar photo-voltaic energy
collectors located above or upon a roof shall be class A fire rated.
SECTION XII: Carlsbad Municipal Code Chapter 18.21 is amended by repealing and replacing
it to read as follows:
Chapter 18.21
CALIFORNIA GREEN BUILDING STANDARDS CODE
Sections:
18.21.010 Adoption and scope. 18.21.020 Section 202 (Definitions) of the California Green Building Standards Code Amended. 18.21.030 Section 4.106 (Site Development) of the California Green Building Standards Code Amended. 18.21.040 Section 5.106 (Planning and Design) of the California Green Building Standards Code Amended. 18.21.050 Appendix A5 (Nonresidential Voluntary Measures) of the California Green Building Standards Code Amended.
18.21.010 Adoption and scope.
The 2022 California Green Building Standards Code, California Code of Regulations, Title 24, a portion of the
California Building Standards Code, is adopted and incorporated by this reference as the green building
standards code except for changes, additions, deletions and amendments in this chapter.
The following sections or chapters of Appendix A5 of the green building standards code are included in the
adoption: Sections A5.201, A5.202, A5.203.1.1 through A5.203.1.2.1 Tier 1, and A5.211 through A5.213,
except for changes, additions, and deletions as specified in this chapter. The following appendices are
deleted: A4 and A6.1.
18.21.020 Section 202 (Definitions) of the California Green Building Standards Code Amended.
Section 202 of the California Green Building Standards Code is amended to revise/add the following definitions:
Oct. 18, 2022 Item #7 Page 44 of 191
Electric vehicle (EV) capable space. A vehicle space with electrical panel space and load capacity to
support a branch circuit and necessary raceways, both underground and/or surface mounted. For the
purposes of this code, an EV capable space shall include a 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 capable spaces.
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. Future EV capable spaces may qualify as designated parking for clean air vehicles.
Electric vehicle (EV) charger. Off-board charging equipment used to charge an electric vehicle. For the
purposes of this code, an EV charging space that is installed with an EV charger shall consist of 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 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.
Electric vehicle (EV) ready space. A vehicle space which is provided with a branch circuit, any
necessary raceways, both underground and/or surface mounted, to accommodate EV charging,
terminating in a blank cover, receptacle or a charger, with a dedicated 208/240-volt branch circuit,
electric panel capacity, overcurrent protective device and wire. 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: 1) 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 2) 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 as
required by law or ordinance of the jurisdiction; 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.
18.21.030 Section 4.106 (Site Development) of the California Green Building Standards Code
Amended.
Section 4.106.4 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 Section 4.106.4.1 or 4.106.4.2 to
facilitate future 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 local utility power supply or the local utility is unable to supply
adequate power.
Oct. 18, 2022 Item #7 Page 45 of 191
1.2. Where there is evidence suitable to the local enforcing agency substantiating that
additional local utility infrastructure design requirements, directly related to the
implementation of Section 4.106.4, may adversely impact the construction cost of the
project.
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
ready spaces, EV capable spaces, and EVSE installed spaces required or provide for EV
charging elsewhere.
5. Where alternative and innovative parking systems will be installed as determined by the building
official.
4.106.4.1 New one- and two-family dwellings and town-houses with attached private garages.
For each dwelling unit, install a listed raceway to accommodate a dedicated 208/240-volt branch circuit
to provide an EV ready space. The raceway shall not be less than trade size 1 (nominal 1-inch inside
diameter). The raceway shall originate to the main service or subpanel and shall terminate into a listed
cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways
are required to be continuous at enclosed inaccessible or concealed areas and spaces. The service
panel and/or subpanel shall provide capacity to install a 40-ampere 208/240-volt minimum dedicated
branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective
device.
4.106.4.1.1 Identification.
The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s)
reserved for future EV charging as “(EV) READY”. The receptacle or charger shall be permanently and
visibly marked as “EV READY”.
4.106.4.2 New multifamily dwellings, major residential renovations to existing multifamily
dwellings, hotels and motels, and new residential parking facilities.
When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet
the requirements of Sections 4.106.4.2.1. The provisions of this section shall also apply to major
residential renovations. Calculations for spaces shall be rounded up to the nearest whole number. A
parking space served by electric vehicle supply equipment or designed as a future EV charging space
shall count as at least one standard automobile parking space only for the purpose of complying with
any applicable minimum parking space requirements established by ordinance of a local jurisdiction or
any other applicable law. See Vehicle Code Section 22511.2 for further details.
4.106.4.2.1 Multifamily development projects, major residential renovations to existing
multifamily dwellings, and hotels and motels.
The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project
site subject to this section.
1. EV Capable. 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 future Level 2 EVSE. Electrical load calculations shall demonstrate 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
capable spaces at a minimum of 40 amperes.
Oct. 18, 2022 Item #7 Page 46 of 191
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.
Exceptions:
1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than
the required number of EV capable spaces.
2. When EV chargers (Level 2 EVSE) are installed in a number less than the required
number of EV capable spaces, the number of EV capable spaces required may be
reduced by a number equal to the number of EV chargers installed.
Notes:
a. Construction documents shall show locations of future EV spaces. Construction
documents shall also provide information on amperage of future EVSE, raceway
methods and electrical load calculations to verify that the electrical panel service
capacity and electrical system has sufficient capacity to simultaneously charge future
EVs at all EV capable spaces at the full amperage.
b. There is no requirement for EV capable spaces to be constructed or available until
receptacles for EV charging or EV chargers are installed for use.
2. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be equipped
with lower power Level 2 EV charging receptacles. For multifamily parking facilities, no more
than one receptacle is required per dwelling unit when more than one parking space is provided
for use by a single dwelling unit.
Exception: Areas of parking facilities served by parking lifts.
3. EV Chargers. Five (5) percent of the total number of parking shall be equipped with Level 2
EVSE. Where common use parking is provided, at least one EV charger shall be located in the
common use parking area and shall be available for use by all residents or guests.
When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the
minimum required, an automatic load management system (ALMS) may be used to reduce the
maximum required electrical capacity to each space served by the ALMS. The electrical system
and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW
simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit
shall have a minimum capacity of 40 amperes, and installed EVSE shall have a capacity of not
less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical
capacity to the required EV capable spaces.
4.106.4.2.2 When a single EV space is required, it shall be an EVSE installed space with EV
charger.
4.106.4.2.2.1 Electric vehicle charging stations (EVCS).
Vehicle spaces with EV chargers and other electric vehicle charging stations required by Section
4.106.4.2.1, Item 3, shall comply with Section 4.106.4.2.2.1.
Exception: Electric vehicle charging stations serving public accommodations, public housing, motels and
hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for
applicable requirements.
4.106.4.2.2.1.1 Location.
EVCS shall comply with at least one of the following options:
1. The charging 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.
Oct. 18, 2022 Item #7 Page 47 of 191
2. The charging 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 4.106.4.2.2.1.1
and Section 4.106.4.2.2.1.2, Item 3.
4.106.4.2.2.1.2 Electric vehicle charging stations (EVCS) dimensions.
The charging spaces shall be designed to comply with the following:
1. The minimum length of each EV ready space, EV capable space, and EVSE installed space
shall be 18 feet (5486 mm).
2. The minimum width of each EV ready space, EV capable space, and EVSE installed space
shall be 9 feet (2743 mm).
3. One in every 25 charging 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.
4.106.4.2.2.1.3 Accessible EV spaces.
In addition to the requirements in Sections 4.106.4.2.2.1.1 and 4.106.4.2.2.1.2, all EVSE, when
installed, shall comply with the accessibility provisions for EV chargers in the California Building Code,
Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California
Building Code, Chapter 11A, Section 1109A.
4.106.4.2.3 EV space requirements.
1. Single EV space required. When a single EV ready space, EV capable space, or EVSE installed
space is required, it shall be an EVSE installed space.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV
branch circuit is installed in close proximity to the location or the proposed location of the EV
space, at the time of original construction in accordance with the California Electrical Code.
2. Multiple EV spaces required. Construction documents shall indicate the raceway termination
point and the location of EVSE installed spaces, or EV ready spaces, or EV capable spaces,
receptacles, or EV chargers. Construction documents shall also provide information on
amperage of installed or future receptacles or EVSE, raceway method(s), wiring schematics
and electrical load calculations. Plan design shall be based upon a 40-ampere minimum branch
circuit. Required 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.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV
branch circuit is installed in close proximity to the location or the proposed location of the EV
space at the time of original construction in accordance with the California Electrical Code.
4.106.4.2.4 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.
4.106.4.2.5 Electric Vehicle Ready Space Signage.
Electric vehicle ready spaces shall be identified by signage or pavement markings, in compliance with
Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement
Markings) or its successor(s).
Oct. 18, 2022 Item #7 Page 48 of 191
4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving
existing multifamily buildings.
When new parking facilities are added, or electrical systems or lighting of existing parking facilities are
added or altered and the work requires a building permit, ten (10) percent of the total number of parking
spaces added or altered shall be electric vehicle charging spaces (EV capable spaces) capable of
supporting future Level 2 EVSE.
Notes:
1. Construction documents are intended to demonstrate the project’s capability and capacity for
facilitating future EV charging.
2. There is no requirement for EV capable spaces to be constructed or available until EV chargers
are installed for use.
18.21.040 Section 5.106 (Planning and Design) of the California Green Building Standards Code
Amended.
Table 5.106.5.3.1 is amended to read as follows:
TABLE 5.106.5.3.1
TOTAL NUMBER OF ACTUAL
PARKING SPACES
NUMBER OF REQUIRED EV
CAPABLE SPACES
NUMBER OF EVCS (EVSE
INSTALLED SPACE WITH
EV CHARGER)2
0–9 1 1
10–25 4 1
26–50 8 2
51–75 13 3
76–100 17 5
101–150 25 6
151–200 35 9
201 and over 20 percent of total1 25 percent of EV capable spaces1
1.Calculation for spaces shall be rounded up to the nearest whole number.
2.The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward
the total number of required EV capable spaces shown in column 2.
18.21.050 Appendix A5 (Nonresidential Voluntary Measures) of the California Green Building Standards Code Amended.
A. Appendix A5, Sections A5.201, A5.202, A5.203.1.1 through A5.203.1.2.1 Tier 1, and A5.211 through A5.213 are adopted and amended herein are mandatory requirements for the construction of nonresidential buildings and structures, multi-family buildings and structures, 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.
B. Section A5.203.1.1.2 of the California Green Building Standards Code is amended to read as follows:
Oct. 18, 2022 Item #7 Page 49 of 191
A5.203.1.1.2 Service water heating in restaurants.
Newly constructed restaurants shall comply with California Energy Code Section 140.5.
C. Section A5.211 of the California Green Building Standards Code is amended to read 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 A5.211.1, 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 A5.211.1, 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.
SECTION XIII: Carlsbad Municipal Code Chapter 18.30 is amended by repealing and replacing
it to read as follows:
Chapter 18.30
CALIFORNIA ENERGY CODE
Sections:
18.30.010 Adoption and scope. 18.30.020 Section 120.11 (Solar or Recovered Energy Requirements for Water Heating Systems) of the California Energy Code Added. 18.30.030 Section 140.5 (Prescriptive Requirements for Service Water-Heating Systems) of the California Energy Code Amended. 18.30.040 Section 141.2 (Nonresidential Photovoltaic System Required) of the California Energy Code Added. 18.30.050 Section 150 (Single-Family Residential Buildings – Mandatory Features and Devices) of the California Energy Code Added. 18.30.060 Section 150.2 (Single-Family Residential Buildings – Additions and Alterations to Existing Residential Buildings) of the California Energy Code Added. 18.30.070 Section 180.5 (Multifamily Residential Buildings – Additions, Alterations and Repair to Existing Multifamily Buildings) of the California Energy Code Added. 18.30.010 Adoption and scope.
The 2022 California Energy Code, California Code of Regulations, Title 24, a portion of the California Building
Standards Code, is adopted in its entirety and incorporated by this reference as the energy code except for
Oct. 18, 2022 Item #7 Page 50 of 191
changes, additions, deletions and amendments in this chapter. The following appendices of the energy code
are included in the adoption: Appendix 1-A (Standards and Documents Referenced). The following
appendices are deleted: Appendix 1-B.
18.30.020 Section 120.11 (Solar or Recovered Energy Requirements for Water Heating Systems) of
the California Energy Code Added.
Section 120.11 is added to read as follows:
120.11 Solar or recovered energy 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.
18.30.030 Section 140.5 (Prescriptive Requirements for Service Water-Heating Systems) of the
California Energy Code Amended.
Section 140.5 is amended to read as follows:
140.5 Prescriptive requirements for service water – heating systems.
A. Nonresidential occupancies. Service water-heating systems in nonresidential buildings and
structures shall meet the requirements of 1 or 2 below, or meet the performance compliance
requirements of Section 140.1:
1. School buildings less than 25,000 square feet and less than 4 stories in Climate Zones
2 through 15. A heat pump water-heating system that meets the applicable
requirements of Sections 110.1, 110.3, 120.3, 120.11 and 140.5(c).
2. All other occupancies. A service water-heating system that meets the applicable
requirements of Sections 110.1, 110.3, 120.3, 120.11 and 140.5(c). In addition, a
service water-heating system installed in a nonresidential building or structure shall
meet the requirements of parts A, B, or C below:
a. A heat pump water heater. The storage tank shall be located in a conditioned
space.
b An electric resistance water heater.
c. 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. Hotel/motel occupancies. A service water-heating system installed in hotel/motel buildings and
structures shall meet the requirements of Section 170.2(d) and Section 140.5(c) and be located
in the garage or conditioned space.
C. High-capacity service water-heating systems. Gas service water-heating systems with a total
installed gas water heating input capacity of 1 MMBtu/h or greater shall have gas service water-
heating equipment with a minimum thermal efficiency of 90 percent. Multiple units can meet this
requirement if the water-heating input provided by equipment with thermal efficiencies above
and below 90 percent averages out to an input capacity-weighted average of at least 90
percent.
Oct. 18, 2022 Item #7 Page 51 of 191
Exception 1 to Section 140.5(c): If 25 percent of the annual service water-heating requirement is
provided by site-solar energy or site-recovered energy.
Exception 2 to Section 140.5(c): Water heaters installed in individual dwelling units.
Exception 3 to Section 140.5(c): Individual gas water heaters with input capacity at or below
100,000 Btu/h shall not be included in the calculations of the total system input or total system
efficiency.
18.30.040 Section 141.2 (Nonresidential Photovoltaic System Required) of the California Energy
Code Added.
A. Section 141.2 is added to read as follows:
141.2 Additions, alterations and repairs – nonresidential photovoltaic system required.
Additions to existing nonresidential and hotel/motel buildings where the total roof area is increased by at
least 2,000 square feet, and alterations to existing nonresidential 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 141.2.A or 141.2.B.
The required installation of a photovoltaic (PV) system shall be sized according to one of the following
methods:
1. Based on gross floor area.
a. 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.
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))
b. Buildings under 10,000 square feet of gross floor area shall install a minimum 5 kilowatt
(kWdc) PV system. Applicants are encouraged to right-size the PV system based on
the building’s electrical demand to improve the system’s cost effectiveness.
2. 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.
Exceptions:
a. The building official may waive or reduce, by the maximum extent necessary, the
provisions of this Section if the building 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.
b. The building official may waive or reduce, by the maximum extent necessary, the
provisions of this Section if the building official determines the building has satisfied the
Oct. 18, 2022 Item #7 Page 52 of 191
purpose and intent of this provision through the use of alternate on-site renewable
generation systems such as wind energy systems.
18.30.050 Section 150 (Single-Family Residential Buildings – Mandatory Features and Devices) of
the California Energy Code Added.
Section 150(n)5 is added to read as follows:
150(n)5 Solar or recovered energy requirements for service water heating systems.
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(n)5: 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.
18.30.060 Section 150.2 (Single-Family Residential Buildings – Additions and Alterations to
Existing Residential Buildings) of the California Energy Code Added.
Section 150.2(d) is added to read as follows:
150.2(d) Additions and alterations – energy efficiency required.
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:
A. Additions and alterations of single-family residential buildings built before 1978 shall include one
of the following:
1. Duct sealing pursuant to the 2022 California Code of Regulations, Title 24, Section
150.2(b)1E without verification by a Home Energy Rating System (HERS) rater. All
exceptions as stated in the 2022 California Code of Regulations, 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 the 2022 California Code of
Regulations, Title 24, Part 6, including HERS rater verification.
2. 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.
3. 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 the 2022
California Code of Regulations, Title 24, Section 150.2(b)1Ii for steep slope roofs and
150.2(b)1Iii 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.
B. Additions and alterations of single-family residential buildings built in 1978 or after shall include
one of the following:
1. A lighting package consisting of:
a. Replacement of all interior and exterior screw-in (A-base) incandescent and
halogen lamps with screw-in LED lamps; and
b. Installation of manual-on automatic-off vacancy sensors that meet the 2022
California Code of Regulations, 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
Oct. 18, 2022 Item #7 Page 53 of 191
install new sensors as required by the 2022 California Code of Regulations,
Title 24, Section 110.9(b)4.
2. A water heating package consisting of:
a. Addition of exterior insulation meeting a minimum of R-6 to storage water
heaters 20 gallons or larger in size, except if insulation installation would void
the water heater warranty; and
b. 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
c. 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.
C. 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.
D. Additions and alterations of multi-family residential buildings built between 1978 and 1991 shall
include one of the following:
1. Duct sealing pursuant to the 2022 California Code of Regulations, Title 24, Section
150.2(b)1E without verification by a HERS rater. All exceptions as stated in the 2022
California Code of Regulations, 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 the 2022 California Code of Regulations, Title 24, Part 6, including
HERS rater verification.
2. 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.
3. 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 the 2022
California Code of Regulations, Title 24, Section 150.2(b)1Ii for steep slope roofs and
Section 150.2(b)1Iii 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.
E. Additions and alterations of multi-family residential buildings built after 1991 shall include one of
the following:
1. A lighting package consisting of:
a. Replacement of all interior and exterior screw-in (A-base) incandescent and
halogen lamps with screw-in LED lamps; and
b. Installation of manual-on automatic-off vacancy sensors that meet the 2022
California Code of Regulations, 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 sensors as required by the 2022 California Code of Regulations,
Title 24, Section 110.9(b)4 .
2. A water heating package consisting of:
a. 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
Oct. 18, 2022 Item #7 Page 54 of 191
18.30.070
heating systems or if insulation installation would void the water heater
warranty; and
b.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
c.Upgrading of fittings in sinks and showers to meet current CALGreen
standards, except for fixtures with rated flow rates no more than ten percent
Note: To the extent the provisions of 2022 California Code of Regulations, Title
24, 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 2022 California Code of Regulations, Title 24, 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.
Section 180.5 (Multifamily Residential Buildings -Additions, Alterations and Repair to
Existing Multifamily Buildings) of the California Energy Code Added.
Section 180. 5 is added to read as follows:
180.5 Additions, alterations and repairs -residential photovoltaic system required.
All additions, alterations and repairs multifamily residential buildings and structures with a permit
valuation of $1,000,000 that affects at least 75 percent of the gross floor area shall comply with the
requirements of 2022 California Code of Regulations, Title 24, Section 141.2 for the requirements
applicable to the building and structures of this code.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and no earlier
than the effective date of the 2022 California Building Standards Code, which is January 1, 2023; 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.
Oct. 18, 2022 Item #7 Page 55 of 191
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 18th
day of October, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CINDIE K. McMAHON, City Attorney
MATT HALL, Mayor
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Oct. 18, 2022 Item #7 Page 56 of 191
Summary of Proposed Changes and Findings
Every three years, the state adopts new building, residential, electrical, mechanical, plumbing, energy, historical, fire, existing building, and green
building codes, known collectively as the California Building Standards Code (CBSC). The 12 parts of the CBSC are shown below in Table A.
A local jurisdiction may adopt the CBSC by reference in their jurisdiction’s local ordinances. Even if a local agency does not adopt a code by
ordinance, the CBSC becomes the applicable code for all building occupancies by default. Local amendments to building standards require
express findings for each amendment, addition, or deletion based on local climatic, topographical or geological conditions (and environmental
conditions, if resulting in changes to the Green Building Standards Code (GBSC)). Local amendments adopted to clarify the procedures relating to
carrying out and enforcing building standards, and that do not establish actual building standards, may be enacted by the local jurisdiction
without meeting the requirements of the state laws governing CBSC building standards amendments.
The purpose of this Attachment is to provide a summary of proposed changes and the findings to support amending the 2022 CBSC. This year,
certain further amendments or deletions are desired by this City Council to be adopted and effective by January 1, 2023, along with the 2022
CBSC update. Unless otherwise noted in this Attachment, the proposed amendments to the CBSC are generally not substantive in nature and are
limited to administrative procedural updates. These amendments are necessary in order to update adopted code references and to enhance the
ability of the city to administer and enforce provisions of the technical building codes.
Findings
Climatic: The weather of the San Diego region, as in most of Southern California, is influenced by the Pacific Ocean and its semi-permanent high-
pressure systems that result in dry, warm summers and mild, occasionally wet winters. The average temperature ranges (in degrees Fahrenheit
(°F)) from the mid-40s to the high 90s. Most of the region’s precipitation falls from November to April with infrequent (approximately 10%)
precipitation during the summer. The average seasonal precipitation along the coast is approximately 10 inches; the amount increases with
elevation as moist air is lifted over the mountains to the east.
The City of Carlsbad has many large hillsides covered with extensive vegetation. The city is also subject to Santa Ana conditions of gusty winds
and low humidity that predisposes the hillsides to extreme fire hazard. The City Council specifically finds that these climatic conditions
necessitate building standards modifications as further described in the following tables.
Geologic: The nearest fault to the city is the Newport–Inglewood–Rose Canyon Fault, which runs offshore of the western edge of the city and is
considered active. Other faults in the region include the Coronado Bank, La Nacion, Elsinore, Agua Caliente, and San Jacinto. Fault activity has Attachment AOct. 18, 2022Item #7 Page 57 of 191
the potential to result in ground shaking, which can be of varying intensity depending on the intensity of earthquake activity, proximity to that
activity, and local soils and geology conditions. Carlsbad is located within a seismically active region, and earthquakes have the potential to cause
ground shaking of significant magnitude. Although located near fault lines, Carlsbad lies within a medium-low probabilistic peak ground
acceleration zone. Earthquake exposed electricity/power lines and leaking gas pipelines are a major cause of fire after an earthquake. The City
Council specifically finds that these geologic conditions necessitate building standards modifications as further described in the following tables.
Topography: The topography in the San Diego region varies greatly, from beaches on the west to mountains and desert on the east. Along with
local meteorology, the topography influences viewshed areas and the existing visual character, as well as the dispersal and movement of
pollutants in the basin. The mountains to the east prohibit dispersal of pollutants in that direction and help trap them in inversion layers. Natural
areas and open spaces, including watershed features, hillsides, habitats, parks and vistas, are some of the most defining and integral
components of the city’s form and structure. Carlsbad’s beaches connect to three of California’s natural lagoons – Buena Vista, Agua Hedionda
and Batiquitos. These lagoons are rich with a diversity of plant, animal and aquatic wildlife and offer public amenities, such as hiking trails, scenic
views, fishing, and water recreation. Watershed drainages give Carlsbad its rolling topography in the east, resulting in areas with steep slopes
ideal for protected habitat. Hillsides layered with trees and brush create unique, intimate spaces where many of Carlsbad’s master planned
communities and resorts are located. The city is also subject to Santa Ana conditions of gusty winds and low humidity that predisposes the
hillsides to extreme fire hazard. The City Council specifically finds that these topographic conditions necessitate building standards modifications
as further described in the following tables.
Noise conditions: The County of San Diego, Department of Public Works Airport Division, owns and operates McClellan-Palomar Airport (Palomar
Airport) as a public-use facility in accordance with Federal Aviation Regulations. Palomar Airport is approximately 232 acres, which consists of
approximately 231 acres defined as the active airfield and approximately 0.7 acre on adjacent county-owned land for location of the existing
navigational lighting system. The Airport is accessible via Interstate 5 (I-5), one of the region’s major north-south highways that extends through
San Diego County. The Airport is located three miles east of I-5 on Palomar Airport Road, which is the Airport’s principal ground access route.
The Airport is generally bounded by Palomar Airport Road to the south and El Camino Real to the east.
The I-5 Widening Project adds two HOV lanes and one general purpose lane in each direction from the State Route 56 Interchange to the State
Route 78 Interchange. The project also adds auxiliary lanes. On an average day, I-5 alone serves more than 700,000 trips, including commuters,
goods movement, local trips, visitors, and recreational users.
Some land uses are considered more sensitive to ambient noise levels than others because of the amount of noise exposure (both exposure
duration and insulation from noise) and the types of activities typically involved. Residences, schools, rest homes, churches, and hospitals are
more sensitive to noise than commercial and industrial land uses. From a noise compatibility standpoint, the noise/land use acceptability criteria
for sensitive land uses at 65 CNEL for outdoor areas and 45 CNEL for indoor areas of residential land uses. The City Council specifically finds that Oct. 18, 2022Item #7 Page 58 of 191
these noise conditions necessitate greater noise protection than that provided by the California Building Standards Code as further described in
the following tables.
Other conditions: Additional amendments are found to be either administrative or procedural in nature or concern themselves with subjects not
covered in the California Building Standards Code. These changes include provisions making the California Building Standards Code compatible
with other codes, including but not limited to administrative and procedural ordinances enforced by the city.
Table A: 2022 Building Code Standards Proposed Adoption Schedule – Overview
Code Not to be
Adopted
Model code
adopted
(Identical to
approach in
2019)
Model CODE
ADOPTED
(New to
Carlsbad
Municipal
Code)
Model Code
Adopted
with Changes
Purpose
Administrative Code X N/A
Building Code
X
(See Table B)
Changes proposed are largely limited to administrative
provisions of the use and enforcement of this code.
Proposed code amendments also modify certain projects
to be exempt from a permit and incorporate interior
noise standards for multi-family homes and additional fire
safety for photovoltaic systems.
Residential Code
X
(See Table C)
Changes proposed are largely limited to administrative
provisions of the use and enforcement of this code.
Proposed code amendments also modify certain projects
to be exempt from a permit.
Electrical Code X No change from previous code adoption.
Mechanical Code
X
(See Table D)
No change from previous code adoption, except for
adding screening requirements for mechanical equipment
and rooftop edge hazard setback requirements.
Plumbing Code
X
(See Table E)
No change from previous code adoption, except for
designating rainfall precipitation/intensity rates for
rooftop drainage systems. Oct. 18, 2022Item #7 Page 59 of 191
Energy Code
X
(See Table F)
The reach codes that implement the Climate Action Plan
have been carried forward from the 2019 code adoption,
but certain reach codes were removed because some of
these amendments are now sufficiently addressed in the
2022 Energy Code, making the previous code changes
redundant.
Ord. CS-364 provides express findings that 2019
amendments to the building standards are reasonably
necessary because of environmental conditions for green
building standards. Those findings are restated herein.
Historical Code X This code should be adopted to accommodate context-
sensitive alterations to significant historic resources.
Fire Code - Addressed by separate staff report and ordinance -
Existing Building Code
X
This code should be adopted to provide uniformity
among the enforcement of the codes for existing
buildings.
Green Building
Standards Code (GBSC)
X
(See Table G)
The reach codes that implement the Climate Action Plan
have been carried forward from the 2019 code adoption,
but certain reach codes were removed because some of
these amendments are now sufficiently addressed in the
2022 GBSC, making the previous code changes
redundant.
Ord. CS-364 provides express findings that 2019
amendments to the building standards are reasonably
necessary because of environmental conditions for green
building standards. Those findings are restated herein.
Referenced Standards
Code X N/A
Note: The Uniform Housing Code; Uniform Swimming Pool, Spa and Hot Tub Code; and Uniform Solar, Hydronics and Geothermal Code are
adopted in the Carlsbad Municipal Code by reference.
Oct. 18, 2022Item #7 Page 60 of 191
The specific provisions adopted and modified by the City Council are listed in the matrix below and summarized in more detail.
SECTION 1: 2022 CALIFORNIA BUILDING CODE
The modifications made to the 2022 California Building Code, located in Carlsbad Municipal Code Chapter 18.04 (“Building Code”), are detailed
in the ordinance. Unless otherwise noted below, the amendments to the 2022 California Building Code are not substantive in nature and are
limited to administrative provisions of the use and enforcement of this code. Pursuant to state law, the city may amend the building code to
impose more restrictive building standards if express findings are made that such amendments are necessary because of local climatic,
geological, or topographical conditions. No findings are necessary to enact local regulations necessary to carry out procedures by the city
relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations, and that do not establish building
standards.
Table B: 2022 Building Code Adoption Matrix
CMC Section Section amended Building standard or
administrative change
Finding
Section 18.04.015 Section 101 amended to ensure that
maintenance of decks and balconies
complies with the Health and Safety
Code
Admin. ---
Section 18.04.020 Section 104 amended to clarify the
authority of the building official and to
establish rebuild thresholds for
construction projects
Admin. ---
Section 18.04.025 Section 105 amended to identify certain
improvements as exempt, allow
electronic submission of applications,
extend plan check and permit expiration
to 12 months, and provide criteria for
plan check and permit extensions
Combination of admin.
and building standards
Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to
provide a reasonable and appropriate degree of
proper security and fire and life safety in this
jurisdiction. Health and Safety Code Sections
17958.7 and 18941.5 authorize modifications to Oct. 18, 2022Item #7 Page 61 of 191
the building standards based on local climatic,
geologic, or topographical conditions. The city is
surrounded by open spaces consisting of
grassland and underdeveloped or undeveloped
areas, which in conjunction with the dry and
sometimes windy local climate creates a
hazardous fire situation that could lead to
extensive grass and brush fires and pose a danger
to life and property. During the summer and early
fall months there is little, if any, measurable
precipitation. The temperatures are usually
between 70 and 90 degrees, with light to gusty
west to east winds (i.e., drying conditions). These
drying winds, with occasional Santa Ana events,
mixed with the natural vegetation, create a
hazardous fuel condition, which further creates
extensive grass and brush land fire risk. Wind and
terrain-driven fires could pose a severe
consequence to improved properties at risk.
While it is understood that certain permit
exemptions may not prevent the incidence of
fire, the implementation of the amendments
reduces the severity and potential loss of life and
property when such fires occur.
The topography of the city is also burdened by
major structures. As a general setting, rolling
foothills frame much of the city’s land. Many
properties have scenic views. The topography of
the city lends itself to noticeable changes to the
existing visual character when land
improvements are made. The proposed code
change to exempt specified improvements from Oct. 18, 2022Item #7 Page 62 of 191
building permits still requires compliance with
basic zoning standards.
The amendment to the code described above is
necessary to preserve the health, welfare, and
safety of residents, businesses, and property
within the city.
Section 18.04.030 Section 107 amended to clarify criteria
for construction drawings and provide
direction for plans examination,
including a need for survey certification
to reduce risk of inadvertently building
too close to property lines or setbacks
Admin. ---
Section 18.04.035 Section 109 amended to reflect current
fee collection practices and cost
recovery services and imposing a
penalty for doing work without a permit
Admin. ---
Section 18.04.040 Section 110 amended to clarify the city’s
requirements in the inspection process
Admin. ---
Section 18.04.045 Section 111 amended to clarify the
requirements for occupancy
Admin. ---
Section 18.04.050 Section 112 amended to include various
use restrictions and administrative
provisions to enhance the city’s ability
to implement the code and provide
remedies to safeguard life or limb,
health, property and public welfare
Admin. ---
Section 18.04.055 Section 113 amended to establish an
appeal process and standing committee
to review such appeals, consisting of
subject matter experts
Admin. ---
Section 18.04.060 Section 114 amended to republish
existing provisions from the 2019 code
Admin. --- Oct. 18, 2022Item #7 Page 63 of 191
adoption and revisions to Chapter 1.10
of the Carlsbad Municipal Code
Section 18.04.065 Section 115 amended to ensure the stop
work order notice covers the same
scope as Chapter 1.10 of the Carlsbad
Municipal Code
Admin. ---
Section 18.04.070 Section 117 amended to include unsafe
building appendages to safeguard life or
limb, health, property, and welfare
Admin. ---
Section 18.04.075 Reserved for future use Admin. ---
Section 18.04.080 Section 1206.4.1 amended to establish
prescriptive standards for interior noise
construction in new multi-family homes
adjacent to freeways and the airport
Building standard The city strives to achieve uniformity among the
local jurisdictions in the enforcement of the
building standards. To that end, minimizing the
number of amendments to state codes is the
prime goal. However, there are noise conditions
that are unique in the city, including the existing
operation of the McClellan-Palomar Airport
(Palomar Airport) and its potential expansion;
and 2) the Interstate 5 North Coast Corridor (I-5
NCC) and its freeway expansion. Noise conditions
in the city warrant prescriptive measures for
indoor noise insulation in multi-family units
within a noise impact boundary of an airport or
freeway as defined in section 1206.4.1. Health
and Safety Code Section 17922.7 authorizes the
adoption of building standards relating to noise
insulation as are reasonably necessary because of
local conditions due to substantial noise
generated by airports, roadways, or commercial
and industrial activities immediately surrounding
or adjacent to such proposed dwellings.
The amendment to the code described above is
necessary to preserve the health, welfare and Oct. 18, 2022Item #7 Page 64 of 191
safety of residents, businesses and property
within the city.
Section 18.04.085 Section 1501.1 amended to cover the
scope of roof assembly applications
Admin. ---
Section 18.04.090 Section 1505 amended to provide a fire
classification for rooftop mounted
photovoltaic
Building standard The city strives to achieve uniformity among the
local jurisdictions in the enforcement of the
building standards. To that end, minimizing the
number of amendments to the state codes is the
prime goal. However, fire is one of the biggest
threats to life and property. To reduce this
potential hazard, rooftop mounted
appurtenances should have a higher fire
classification rating. Health and Safety Code
Sections 17958.7 and 18941.5 authorize
modifications to the building standards based on
local climatic, geologic, or topographical
conditions. The city is surrounded by open spaces
consisting of grassland and underdeveloped or
undeveloped areas, which in conjunction with the
dry and sometimes windy local climate creates a
hazardous fire situation (wind and terrain-driven
fires could lead to extensive grass and brush fires
and pose a danger to life and property).
The amendment to the code described above is
necessary to preserve the health, welfare, and
safety of residents, businesses, and property
within the city.
SECTION 2: 2022 CALIFORNIA RESIDENTIAL CODE
The proposed modifications made to the 2022 California Residential Code in Chapter 18.20 of the Carlsbad Municipal Code (“Residential Code”)
are detailed in the ordinance. Unless otherwise noted below, the proposed amendments to the 2022 California Residential Code are not Oct. 18, 2022Item #7 Page 65 of 191
substantive in nature and are limited to administrative provisions of the use and enforcement of this code. Pursuant to state law, the city may
amend the residential code to impose more restrictive standards if express findings are made that such amendments are necessary because of
local climatic, geological, or topographical conditions. No findings are necessary to enact local regulations necessary to carry out procedures by
the city relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations, and that do not establish
building standards.
Table C: 2022 Residential Code Adoption Matrix
CMC Section Section Amended Building Standard or
Administrative Change
Finding
Section 18.20.020 Section R101 amended to clarify the
authority of the building official
Admin. ---
Section 18.20.030 Section R105 amended to identify
certain improvements as exempt, allow
electronic submissions of applications,
extend plan check and permit expiration
to 12 months, and provide criteria for
plan check and permit extensions. This
section also is amended to clarify the
authority of the building official to
establish rebuild thresholds for
construction projects
Combination of admin.
and building standards
Local conditions have an adverse effect on the
prevention of major loss fires, major earthquake
damage, and the potential for life and property
loss, making necessary changes or modifications
to the state building standards in order to
provide a reasonable and appropriate degree of
proper security and fire and life safety in this
jurisdiction. Health and Safety Code Sections
17958.7 and 18941.5 authorize modifications to
the building standards based on local climatic,
geologic, or topographical conditions. The city is
surrounded by open spaces consisting of
grassland and underdeveloped or undeveloped
areas, which in conjunction with the dry and
sometimes windy local climate creates a
hazardous fire situation that could lead to
extensive grass and brush fires and pose a danger
to life and property. During the summer and early
fall months there is little, if any, measurable
precipitation. The temperatures are usually
between 70 and 90 degrees, with light to gusty
west to east winds (i.e., drying conditions). These Oct. 18, 2022Item #7 Page 66 of 191
drying winds, with occasional Santa Ana events,
mixed with the natural vegetation, create a
hazardous fuel condition, which further creates
extensive grass and brush land fire risk. Wind and
terrain-driven fires could have a severe
consequence to improved properties at risk.
While it is understood that the adoption of such
regulations to clarify permit exemptions may not
prevent the incidence of fire, the implementation
of the amendments reduces the severity and
potential loss of life and property in the event of
such fires.
The topography of the city is also being burdened
by major structures. As a general setting, rolling
foothills frame much of the city’s land. Many
properties have scenic views. The topography of
the city lends itself to noticeable changes to the
existing visual character when land
improvements are made. The exemption of
specified improvements from building permits
still requires compliance with basic zoning
standards.
The amendment to the code described above is
necessary to preserve the health, welfare, and
safety of residents, businesses, and property
within the city.
Section 18.20.040 Section R106 amended to clarify criteria
for construction drawings and provide
direction for plans examination,
including a need for survey certification
to reduce risk of inadvertently building
too close to property lines or setbacks
Admin. --- Oct. 18, 2022Item #7 Page 67 of 191
Section 18.20.050 Section R109 amended to clarify the
city’s requirements in the inspection
process
Admin. ---
Section 18.20.060 Section R111 amended to include
various use restrictions and
administrative provisions to enhance the
city’s ability to implement the code and
provide remedies to safeguard life or
limb, health, property, and public
welfare
Admin. ---
Section 18.20.070 Section R901.1 amended to cover the
scope of roof assembly applications
Admin. ---
SECTION 3: 2022 CALIFORNIA MECHANICAL CODE
The proposed modifications made to the 2022 California Mechanical Code in Chapter 18.10 of the Carlsbad Municipal Code (“Mechanical Code”)
are detailed in the ordinance. Pursuant to state law, the city may amend the mechanical code to impose more restrictive building standards if
express findings are made that such amendments are necessary because of local climatic, geological, or topographical conditions. No findings
are necessary to enact local regulations necessary to carry out procedures by the city relating to civil, administrative, or criminal procedures and
remedies available for enforcing code violations, and that do not establish building standards.
Table D: 2022 Mechanical Code Adoption Matrix
CMC Section Section Amended Building Standard or
Administrative Change
Finding
Section 18.10.020 New section added to the CMC to
establish screening requirements for
mechanical equipment
Building standard The city strives to achieve uniformity among the
local jurisdictions in the enforcement of the
building standards. To that end, minimizing the
number of amendments to the state codes is the
prime goal. However, the city is largely urbanized Oct. 18, 2022Item #7 Page 68 of 191
and nearing build-out with residential
subdivisions, commercial and industrial uses, and
recreation and open spaces. As a general setting,
rolling foothills frames much of the city’s land.
Many properties have scenic views. The
topography of the city lends itself to noticeable
changes to the existing visual character when
land improvements are made. The proposed code
change addresses screening requirements for all
new mechanical equipment and helps maximize
the visual quality and aesthetic value of all
project frontages. Health and Safety Code
Sections 17958.7 and 18941.5 authorizes
modifications to the building standards based on
climatic, geologic or topographical conditions,
which is further substantiated in the ordinance.
The amendment to the code described above is
necessary to preserve the health, welfare and
safety of residents, businesses and property
within the city.
Section 18.10.030 New section added to the CMC to
establish rooftop hazard avoidance
Building standard Roof safety is a system of preventative and safety
measures. Any mechanical devices or access
points that are located close to a roof’s edge
requires safety guard railings at the edge of the
building’s roof. The placement of a safety rail or
fence at the edge of a roof line has the potential
to degrade the quality of views of the building
from the site, its surroundings, and from near or
far various topographical advantages. Health and
Safety Code Sections 17958.7 and 18941.5
authorizes modifications to the building
standards based on climatic, geologic or Oct. 18, 2022Item #7 Page 69 of 191
topographical conditions, which is further
substantiated in the ordinance.
The amendment to the code described above is
necessary to preserve the health, welfare and
safety of residents, businesses and property
within the city.
SECTION 4: 2022 CALIFORNIA PLUMBING CODE
The proposed modifications made to the 2022 California Plumbing Code in Chapter 18.16 (“Plumbing Code”) are detailed in the ordinance.
Pursuant to state law, the city may amend the building code to impose more restrictive building standards if express findings are made that such
amendments are necessary because of local climatic, geological or topographical conditions. No findings are necessary to enact local regulations
necessary to carry out procedures by the city relating to civil, administrative, or criminal procedures and remedies available for enforcing code
violations, and that do not establish building standards.
Table E: 2022 Plumbing Code Adoption Matrix
CMC Section Section Amended Building Standard or
Administrative Change
Finding
Section 18.16.020 Section 1505 amended to identify
minimum requirements for bypass tees
recycled water systems. This item was
adopted in 2019 as Section 18.16.080.
Building standard This provision is already adopted, per Ord. CS-
364.
Section 18.16.030 New section to establish the appropriate
sizing of roof drainage systems
Building standard The city strives to achieve uniformity among the
local jurisdictions in the enforcement of the
building standards. To that end, minimizing the
number of amendments to the state codes is the
prime goal. However, the code needs to
incorporate a rainfall intensity for sizing of storm
water drainage infrastructure for roofs that is
consistent with locally documented storm events Oct. 18, 2022Item #7 Page 70 of 191
and drainage reports. The proposed amendment
adjusts the rate to reflect concentrated surges
(i.e., 1-hour storm rainfall amounts) and duration
intensities that were modeled according to the
San Diego Hydrology Manual and the isopluvial
maps provided. Health and Safety Code Sections
17958.7 and 18941.5 authorizes modifications to
the building standards based on climatic, geologic
or topographical conditions, which is further
substantiated in the ordinance.
The amendment to the code described above is
necessary to preserve the health, welfare and
safety of residents, businesses and property
within the city.
SECTION 5: 2022 CALIFORNIA ENERGY CODE
The proposed modifications made to the 2022 California Energy Code in Chapter 18.30 (“Energy Code”) are detailed in the ordinance. Pursuant
to state law, the city may amend the Energy Code to impose more restrictive building standards if express findings are made that such
amendments are necessary because of local climatic, geological or topographical conditions. No findings are necessary to enact local regulations
necessary to carry out procedures by the city relating to civil, administrative, or criminal procedures and remedies available for enforcing code
violations, and that do not establish building standards.
Table F: 2022 Energy Code Adoption Matrix
CMC Section Section Amended Building Standard or
Administrative Change
Finding
Section 18.30.020 Section 120.11 amended to change the
solar or recovered energy requirements
for nonresidential buildings
Building standard These provisions are already adopted, per Ord.
CS-364. Failure to address and substantially
reduce local greenhouse gas emissions creates an Oct. 18, 2022Item #7 Page 71 of 191
Section 18.30.030 Section 140.5 amended to change the
water heating requirements for
nonresidential buildings
Building standard increased risk to the health, safety, and welfare
of city residents, businesses. and other
community members. 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 emissions that
come from fossil fuel combustion. 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.
Section 18.30.040 Section 141.2 amended to change the
nonresidential photovoltaic
requirements
Building standard
Section 18.30.050 Section 150 amended to change the
solar or recovered energy requirements
for single family homes
Building standard
Section 18.30.060 Section 150.2 amended to change
energy efficiency requirements on single
family home alterations and additions
Building standard
Section 18.30.070 Section 180.5 amended to change
energy efficiency requirements on multi-
family home alterations and additions
Building standard
SECTION 6: 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE
The proposed modifications made to the 2022 California Green Building Standards Code in Chapter 18.21 (“Green Building Standards Code”) are
detailed in the ordinance. Pursuant to state law, the city may amend the Green Building Standards Code to impose more restrictive building
standards if express findings are made that such amendments are necessary because of local climatic, geological or topographical conditions. No
findings are necessary to enact local regulations necessary to carry out procedures by the city relating to civil, administrative, or criminal
procedures and remedies available for enforcing code violations, and that do not establish building standards. Oct. 18, 2022Item #7 Page 72 of 191
Table G: 2022 Green Building Standards Code Adoption Matrix
CMC Section Section Amended Building Standard or
Administrative Change
Finding
Section 18.21.020 Section 202 amended to clarify the
scope of definitions.
Building standard These provisions are already adopted, per Ord.
CS-364. Failure to address and substantially
reduce local greenhouse gas emissions creates an
increased risk to the health, safety, and welfare
of the city residents, businesses and other
community members. 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 emissions that
come from fossil fuel combustion. 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.
Section 18.16.030 Section 4.106 amended to adopt more
restrictive EV requirements for
residential (construction and installation
standards)
Building standard
Section 18.16.040 Section 5.106 amended to adopt more
restrictive EV requirements for
nonresidential (construction and
installation standards)
Building standard
Section 18.16.050 Appendix A5 adopted to adopt certain
nonresidential voluntary measures and
amended to change the service water
heating and on-site renewable energy
requirements
Building standard Oct. 18, 2022Item #7 Page 73 of 191
Chapter 18.03
GENERAL PROVISIONS
Sections:
18.03.010 California Building Standards Code.
18.03.020 Violations.
18.03.010 California Building Standards Code.
A.This title shall serve as the technical codes for building, property, health, and safety regulations
for the city, which are partially comprised of the 2022 edition of the California Title 24 Codes, or California
Building Standards Codes, as defined in California Health and Safety Code Section 18901 et. seq. At the
time of the enactment of this title, the California Building Standards Codes is comprised of Part 1
California Administrative Code; Part 2 California Building Code; Part 2.5 California Residential Code;
Part 3 California Electrical Code; Part 4 California Mechanical Code; Part 5 California Plumbing Code;
Part 6 California Energy Code; Part 8 California Historical Building Code; Part 9 California Fire Code;
Part 10 California Existing Building Code; Part 11 California Green Building Standards Code; and Part
12 California Referenced Standards Code.
B.The provisions of the codes and standards referenced in the California Building Standards
Codes shall be considered part of the requirements of this title to the prescribed extent of each such
reference.
C.The building official or designee shall enforce the applicable provisions of the California Building
Standards Codes, with such additions, deletions, and modifications, as are adopted in them, with the
exception of those provisions of the Fire Code, 2022 edition, which are to be enforced by the fire chief.
The building official may develop guidelines or division policies to implement, administer, and enforce this
title.
D.Where the phrase or reference to “Name of Jurisdiction” or “jurisdiction” appears in the California
Building Standards Codes, such phrase or reference shall be construed by the reader to mean the same
thing as the “City of Carlsbad” and the use of the term shall be interchangeable.
E.Amendments to the building standards contained in the codes published by the model code
organizations (ICC, IAPMO, and NFPA) by California state agencies, are applicable only to those
occupancies or uses which the state agency making the amendment is authorized to regulate.
F.Existing and proposed legislation may affect the requirements contained in this title at any time. In
the event of any conflict between this title and any applicable federal, state, or local law, rule, or
regulation shall supersede this code and shall be effective and enforceable immediately. This section is
declaratory of existing law and is not to be construed as suggesting that such was not the purpose and
intent of previous adoptions of the California Building Standards Code.
G.The provisions of this title shall not be construed as imposing upon the City of Carlsbad any
liability or responsibility for damage to persons or property resulting from defective work, nor shall the City
of Carlsbad, or any official, employee, or agent of the city, be held as assuming any such liability or
responsibility by reason of the review or inspections authorized by the provisions of this title of any
permits or certificates issued under this title.
18.03.020 Violations.
A.Unless otherwise stated by ordinance, any person, firm, or corporation who violates any of the
provisions of this title 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 a violation of this title shall be
designated in Section 1.08.010 of this code.
- 1 -
Exhibit 2
Oct. 18, 2022 Item #7 Page 74 of 191
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 title or of any other
ordinance, or from suspending or revoking any certificate of approval when issued in error.
- 2 -Oct. 18, 2022 Item #7 Page 75 of 191
Chapter 18.04
BUILDING CODE
Sections:
18.04.010005 Adoption. and scope.
18.04.010 Administrative Regulations.
18.04.015 Section 101 (Scope and General Requirements) of the California Building Code
Amended.
18.04.020 Section 104 (Duties and Powers of the Building Official) of the California
Building Code Amended
18.04.025 Section 105.2 amended (Permits required.) of the California Building Code
Amended.
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.107 (Construction
Documents) of the California Building Code Amended.
18.04.040035 Section 109 amended Permit fees.(Fees) of the California Building Code
Amended.
18.04.230040 Section 1501 amended Scope.110 (Inspections) of the California Building Code
Amended.
18.04.310 Violations.
18.04.315 045 Section 111 (Certificate of noncompliance.Occupancy) of the California
Building Code Amended.
18.04.33018.04.050 Section 112 (Service Utilities) of the California Building Code Amended.
18.04.055 Section 113 (Board of Appeals) of the California Building Code Amended.
18.04.060 Section 114 (Violations) of the California Building Code Amended.
18.04.065 Section 115 (Stop Work Order) of the California Building Code Amended.
18.04.070 Section 116 (Unsafe Structures and Equipment) of the California Building Code
Amended.
18.04.075 Reserved.
18.04.080 Section 1206 (Sound Transmission) of the California Building Code Amended.
18.04.085 Section 1501 (General) of the California Building Code Amended.
18.04.090 Section 1505 (Fire Classification) of the California Building Code Amended.
18.04.095 Street name signs.
18.04.010005 Adoption. and scope.
The 20192022 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and
2, a portion of the California Building Standards Code, 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, arebuilding code, is adopted in its entirety
and incorporated by this 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. The following appendices of the building code are included
in the adoption: Appendix H (Signs). The following appendices are deleted: Appendices A through G,
and I through P.
- 3 -Oct. 18, 2022 Item #7 Page 76 of 191
18.04.010 Administrative Regulations.
Chapter 1 (Scope and Administration) to the California Building Code, 2022 edition, shall generally
constitute the Administrative Code for the city, establishing the supplementary administrative,
organizational and enforcement rules and regulations as applicable for the following technical codes:
Uniform Housing Code, 1997 edition; California Electrical Code, 2022 edition; California Mechanical
Code, 2022 edition; California Plumbing Code, 2022 edition; Uniform Swimming Pool, Spa and Hot Tub
Code, 1997 edition; Uniform Solar, Hydronics and Geothermal Code, 2021 edition; California Energy
Code, 2022 edition; California Solar Energy Code, 2022 edition; California Historical Building Code, 2022
edition; California Existing Building Code, 2022 edition; and California Green Building Standards Code,
2022 edition. Each and all of the regulations, provisions, conditions and terms therein shall supplement
and apply to each of the technical codes. Whenever there are practical difficulties involved in carrying out
the provisions of the Administrative Code or where there is a conflict between a general requirement and
a specific requirement, the specific requirement shall be applicable with the force of law.
18.04.015 Section 101 (Scope and General Requirements) of the California Building Code
Amended.
Section 101.4.4 is amended to read as follows:
101.4.4 Property maintenance.
The provisions of the California Existing Building Code shall apply to existing structures and
premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety
hazards; responsibilities of owners, operators and occupants; and occupancy of existing
premises and structures. Decks and balconies on multi-family residential or commercial buildings
or structures shall comply with Health and Safety Code Section 17973, as it may be amended
from time to time.
18 04 020 Section 104 (Duties and Powers of the Building Official) of the California Building
Code Amended.
A.Section 104.1 is amended to read as follows:
104.1 General.
The building official is hereby authorized and directed to enforce the provisions of this code. The
building official shall have the authority to render interpretations of this code and to adopt policies
and procedures as supplemental to this code in order to clarify the application of its provisions or
to implement or facilitate inspection functions, the issuance of permits and certificates. Such
interpretations, policies and procedures shall be in compliance with the intent and purpose of this
code. Such policies and procedures shall not have the effect of waiving requirements specifically
provided for in this code.
B.Section 104.2.2 is added to read as follows:
104.2.2 Rebuild threshold and limits on repair and remodel.
The building official shall determine the applicability of certain permitting procedures and
requirements for repair and remodeling projects on a case-by-case basis. A project classified as
"rebuild" pursuant to this section shall be treated as a new building or structure. Modification of
fixtures, finishes, and systems shall not be considered in measuring project magnitude.
1.Generally applied rebuild threshold for construction projects. “New construction” is
defined as any work, addition to, remodel, repair, renovation, or alteration of any
building(s) or structure(s) when 75% or more of the exterior weight bearing walls is
removed or demolished. A project shall also be defined as “new construction” when the
scope of work for groups R3 and U occupancies involves the alteration, rebuild, removal,
or combination thereof of any structural framing that meets or exceeds 75% or greater of
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the linear footage of interior and exterior walls, including the removal of roof structure in
those wall areas.
2.Cumulative construction projects. The cumulative scope for permitted work within any
three-year period shall be added together when determining whether the scope of work
constitutes a rebuild. For the purposes of this section, the computation of time shall be
measured from the latest permit’s date of issuance. The calculation of the percentage of
floor area affected and final determination of required improvements shall be made by the
building official.
3.Special consideration for unforeseen defects and damages. If construction defects or
damages (e.g., pest or water damage) are discovered after construction has begun that
were not predictable or known by ordinary means such as pest damage reports and other
inspections and precautions, work must cease until the building official has been notified.
The building official shall have the discretion to evaluate the circumstances of the
discovery and may allow the rebuild threshold to be increased provided procedures
deemed appropriate by the building official are followed.
18 04 025 Section 105 (Permits) of the California Building Code Amended.
A.Section 105.1 is amended to read as follows:
105.1 Required.
Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move,
demolish or change the occupancy of a building or structure, or to erect, install, alter, repair,
remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of
which is regulated by this code, or to cause any such work to be performed shall first make
application to the building official and obtain the required permit. The submission of a building
permit application shall be construed as attestation that the property owner and/or permit
applicant are aware of the scope of the project and will only perform or allow work within that
scope unless a building permit revision is subsequently authorized by the building official.
B.Section 105.1.3 is added to read as follows:
105.1.3 Personal or electronic submission.
The property owner or permit applicant may submit the permit application and associated
documentation to the building division by personal or electronic submittal together with any
required permit processing and inspection fees. In the case of electronic submittal, the electronic
signature of the applicant on all forms, applications, and other documentation may be used in lieu
of a wet signature.
C.18.04.015 Section 105.2 amended Permits required.
Section 105.2 of the California Building Code is amended to read as follows:
105.2 Work exempt from permit. Section 105.1.4 is added to read as follows:
105.1.4 Partial permits.
At the discretion of the building official, a partial permit may be issued to allow construction to
begin before the project plans are approved. To qualify for a partial permit, the permit applicant
must submit plans for the primary permit, and the plans must be accepted as complete for the
jurisdiction’s review. Work authorized by the partial permit shall be limited to underground site
work, including underground plumbing, electrical, and mechanical work.
D.Section 105.2 is amended to read as follows:
105.2 Work exempt from permit.
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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 buildings or 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).) and the building or structure is entirely above grade and is not
located on a maintenance easement, on a public utilities easement, or within a setback
area as required by any local ordinance or other applicable law. The building or structure
shall not exceed the height requirements set forth in any local ordinance or other
applicable law.
2.Fences not over six feet (1829 mm) high.
33.Oil derricks.
4.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.
45.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.
56.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.
67.Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.
78.Temporary motion pictures, music, television and theater stage sets and scenery.
89.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.
910.Shade cloth structures constructed for nursery or agricultural purposes, not including
service systems.
1011. Swings and other playground equipment accessory to detached one buildings and two
family dwellingsstructures in this code.
1112. 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.
12.13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9
inches (1753 mm) in height.
14.Skateboard ramps. The building or structure shall not exceed the height requirements set
forth in any local ordinances or other applicable law.
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.
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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 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.
E.
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 105.3 Application for
permit.
To obtain a permit, the applicant shall be reviewedfirst file an application therefor in writing on a
form furnished by the department of building officialsafety for that purpose. 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
shall:
1.Identify and describe the work to be covered by the permit and the plans filed
therewithfor which application is made.
2.Describe the land on which the proposed work is to be done by legal description, street
address or similar description that will readily identify and definitely locate the proposed
building or work.
3.Indicate the use and occupancy for which the proposed work is intended.
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4.Be accompanied by construction documents and other information as required in
Section 107.
5.State the valuation of the proposed work. The valuations or value shall include the total
value of work, including materials and labor for which the building permit is requested.
Contract price valuations may be subject to further review and documentation.
6. Where applicable, state the area to be landscaped in square feet and the source of
water for irrigation.
7.Be signed by the property owner or applicant, or the applicant’s authorized agent, who
may be required to submit evidence to indicate signature authority. Whenever any
constructive work, including but not limited excavation or fill, requires entry onto
adjacent property for any reason, the permit applicant shall obtain the written consent
or written proof of legal easements or other property rights of the adjacent property
owner or their authorized representative. The consent shall be in a form acceptable to
the building official.
8.Diversion requirement and waste management plans. Except as otherwise provided in
this code, all property owners or permit applicants shall complete and submit a waste
management plan as part of the application packet for the building permit, certifying
that the diversion requirements will be satisfied for construction waste reduction,
disposal, and recycling.
9.Give such other data and information as required by the building official.
105.3.1 Action on application.
The building official shall examine or cause to be examined applications for permits and
amendments thereto within a reasonable time after filing. If the application or the construction
drawings do not 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 reject such
application in writing, stating the reasons therefor. If the building official is satisfied that the
proposed work conforms to the requirements of this code and laws and ordinances applicable
thereto, the building official shall issue a permit therefor to the as soon as practicable to the
property owner or the permit 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
Cityjurisdiction 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 105.3.2 Time limitation of application.
An application for a permit for the construction of part of a building or structure before the entire plans
and specifications for the whole building or structure any proposed work shall be deemed to 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.
abandoned 365
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.
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18.04.030 Section 105.5 amended Expiration.
Section 105.5 of the California Building Code is amended to read as follows:
Every permit issued by the building official under the provisions of this code shall expire by limitation
and become null and void if the building or work authorized by such permit is not commenced within
180 calendar days from the date of such permit, or if the building or work authorized by such permit
is stopped at any time after the work is commenced for a period of 180 calendar days, or if the building
or work authorized by such permit exceeds three calendar years from the issuance date of the permit.
Work shall be presumed to have commenced if the permittee has obtained a required inspection
approval of work authorized by the permit by the building official within 180 calendar days of the date
of permit issuance. Work shall be presumed to be stopped if the permittee date of filing, unless such
application has been pursued in good faith or a permit 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 been issued; except that the building official is authorized to grant, in writing, one or more
extensions of time, for additional periods not to exceedexceeding 180 days each. The
extensionsextension shall be grantedrequested in writing and justifiable cause demonstrated.
F.Section 105.4 is amended to read as follows:
105.4 Validity of permit.
The permit when issued shall be for such construction as is described in the building permit
application and no deviation shall be made from the construction so described without the written
approval of the building official. The permit holder (property owner or permit applicant) is
obligated to maintain the accuracy of the building permit application and the approved building
plan set, and shall promptly report to the building official any construction defects or damages
discovered after construction has begun.
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of,
any violation of any of the provisions of this code or of any other ordinance, order or other
requirement of the jurisdiction. Permits presuming to give authority to violate or cancel the
provisions of this code or other ordinances, orders or other requirements of the jurisdiction shall
not be valid. The issuance of a permit based on construction documents and other data shall not
prevent the building official from requiring the correction of errors in the construction documents
and other data. The building official is authorized to prevent occupancy or use of a structure
where in violation of this code or of any other ordinances, orders or other requirements of this
jurisdiction.
G.Section 105.5.2 is added to read as follows:
105.5.2 Limitations on extensions.
An extension of time may require conditions of approval and additional fees. A fee will not be
charged for the first extension of time, provided the permit is not expired.
Notwithstanding the above, all work authorized by a permit issued by the building official shall be
completed within three years of issuance. A permit shall be considered abandoned if the work
authorized by such building permit exceeds three calendar years to complete.
H.Section 105.5.3 is added to read as follows:
105.5.3 Defining commencement of work and substantial work.
For the purpose of this section, commencement of work shall be defined as the successful
completion, inspection, and approval of the entire foundation system for the permitted building or
structure, including the placement of concrete. If the permit is for a building or structure that does
not include a foundation, then the building official will determine that the work has commenced if
- 9 -Oct. 18, 2022 Item #7 Page 82 of 191
the amount of work completed shows a good faith effort to substantially perform the work
authorized by the permit, which shall be construed to mean measurable work such as, but not
limited to, the addition of footings, structural members, flooring, wall coverings, plumbing
systems, mechanical systems, and electrical systems.
I.Section 105.5.4 is added to read as follows:
105.5.4 Expired permits.
It is unlawful for any person, firm, or corporation to maintain any building, structure, or
equipment, or portion thereof, regulated by this code if permits required by this code are expired
without final inspection approval and no application by the permittee has been made to obtain
new permits to complete the work authorized under the expired permit.
Where a building or structure remains unfinished after the permit has expired, the property owner
or permit applicant must, within 60 days after written notice by the building official, demolish and
remove the building or structure or obtain a new permit. Before such work can be recommenced,
a new building permit shallmust be obtained to do so, and.
The building permit fee collected by the fee thereforbuilding official to reinstate an expired permit
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 abandonmentexpiration 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.
J.Section 105.5.5 is added to read as follows:
105.5.5 Sewer allocation system.
The provisions of any sewer allocation system adopted pursuant to Chapter 18.05 of the
Municipal Code by local ordinance or other applicable law shall supersede Section 106.4.4 of the
California Building Code the reinstatement of an expired permit if the building permit iswas issued
pursuant to such system.
K.
18.04.035 Section 105.3.2 amended Expiration8 is added to read as follows
105.8 Unpermitted buildings and structures.
No person shall own, use, occupy or maintain any "unpermitted structure." For purposes of
plan reviewthis code, "unpermitted structure" shall be defined as any building or structure, or
portion thereof, that was reconstructed, rehabilitated, repaired, altered, added to, improved, or
equipped, at any point in time, without the required permit(s) having first been obtained from
the building official, or any unfinished work for which a permit has expired.
18 04 030 Section 105.3.2107 (Submittal Documents) of the California Building Code
Amended.
A.Section 107.2.1 is amended to read as follows:
107.2.1 Information on construction documents.
Construction documents shall be dimensioned and drawn to scale upon suitable material.
Electronic media documents are permitted to be submitted where approved by the building
official. Construction documents shall be of sufficient clarity to indicate the location, nature and
- 10 -Oct. 18, 2022 Item #7 Page 83 of 191
extent of the work proposed and show in detail that it will conform to the provisions of this code
and relevant laws, ordinances, rules, and regulations, as determined by the building official.
Computations, stress diagrams and other data sufficient to show the correctness of the plans
shall be submitted when required by the building official. In lieu of detailed specifications, the
building official may approve references on the plans to a specific section or part of this code or
other applicable laws or ordinances.
B.Section 107.2.6.2 is added to read as follows:
107.2.6.2 Site drainage.
Where proposed construction will affect site drainage, existing and proposed drainage patterns
must be shown on the plot plan.
C.Section 107.2.6.3 is added to read as follows:
107.2.6.3 Foundation survey.
A survey of the lot is required by the building official to verify the proposed building or structure is
located in accordance with the approved plans when a new foundation is proposed at five feet or
closer to an adjacent property line.
D.Section 107.2.6.4 is added to read as follows:
107.2.6.4 Waiver.
The building official may grant the omission of a site plan, design flood elevations, site drainage,
and/or foundation survey information when the proposed work is of such a nature that no
information is needed to determine compliance with all laws relating to the location of buildings or
occupancies.
E.Section 107.2.9 is added to read as follows:
107.2.9 Prerequisite for pad certification.
Except as otherwise provided in this code, upon completion of the rough grading work and prior
to issuance of any building permit, the property owner or permit applicant must submit the
required pad certifications and any supporting documentation to the applicable governing
authority. This information shall also be maintained onsite and available to the building official at
the foundation inspection, pursuant to Section 110.3.1 of this code.
18 04 035 Section 109 (Fees) of the California Building Code Amended.
A.Section 109.1.1 is added to read as follows:
109.1.1 Building permit fee.
A building permit fee, in an amount established by fee resolution of the city council, shall be
paid for administrative processing and building inspections prior to issuing a building permit.
B.Section 109.1.2 is added to read as follows:
109.1.2 Plan check fee.
A building plan check fee, or deposit review fee, in an amount established by the fee resolution
of the city council, shall be paid when plans or documents are required to be submitted for
review prior to issuing a building permit. Depending on the complexity and quality of the
documentation being submitted, the final plan check fee to be paid may exceed the amount of
the fee deposited to the jurisdiction. The building official may require additional charges for
review required by changes, additions, or revisions of approved plans or reports, and for
services beyond the first and second check due to changes, omissions, or errors on the part of
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the property owner or permit applicant. The payment of said fees shall not exempt any person
from compliance with other provisions of this code.
C.Section 109.3 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. The building official is authorized to grant one or more extensions
of time for additional periods not exceeding 90 days each. The extension shall be requested in writing
and justifiable cause demonstrated. In order to renew action on an application after expiration, the
applicant shall resubmit plans and pay a new plan review fee.
18.04.040109.3 Building permit valuations.
The applicant for a permit shall provide an estimated permit value at time of application. Permit
valuations shall include total value of the work, including materials and labor, for which the
permits is being issued, as well as all finish work such as painting, roofing, electrical, gas,
mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official,
the valuation is underestimated on the application, the permit shall be denied, unless the
applicant can show detailed estimates to meet the approval of the building official. Final building
permit valuation shall be set by the building official. For purposes of determining a permit fee
amount, valuation or value shall be based upon either the actual contract price for the work to be
permitted or shall be determined with the use of the current “ICC Building Valuation Data” as
published by the International Code Council, whichever is higher.
D.Section 109 amended Permit fees.
Section 109 of the California Building Code .4 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.
109.4 Other fees.
The jurisdiction, by fee resolution, shall charge and collect other fees for services performed
related to building permits issued pursuant to this code, and for such other building,
construction, and development regulations as may be incorporated in this code. Fees
associated with any action taken or required pursuant to this section shall be assessed in
accordance with the provisions of this section and the fee resolution.
109.4.1 Work commencing before permit.
Any person who commences any work on a building, structure, electrical, gas, mechanical or
plumbing system before obtaining the necessary permits shall be subject to a fee equal to the
amount of the permit fee that is required by this code.
109.4.2 Investigation fees.
Whenever any work for which a permit is required by this code has been commenced without first
obtaining said permit, a special investigation fee may be required and be collected, whether or
not a permit is subsequently issued. The minimum investigation fee shall be equal to the amount
established by fee resolution of the city council, whether a permit is required or not. The payment
of such investigation fee shall not exempt a person from compliance with other provisions of this
code, nor from a penalty prescribed by local ordinance or other applicable law.
109.4.3 Preliminary review fees.
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Upon payment of a preliminary review fee, a property owner or permit applicant may have a
building, a structure, or other specialty code requirements reviewed by the building official prior
to submittal of a permit application. Such fee shall be based on the hourly rate for the purposes
of cost recovery. All charges must be paid at the conclusion of any such meeting and before
any written findings are issued.
109.4.4 Reinspection fees.
A reinspection fee may be assessed for each inspection or reinspection when such portion of
work for which inspection is called is not complete or when corrections called for are not made.
Reinspection fees may also be assessed when the inspection record card is not posted or
otherwise available on the work site, the approved plans are not readily available to the
inspector, for failure to provide access on the date for which the inspection is requested, or for
deviating from the plans requiring approval of the building official. In instances where
reinspection fees have been assessed, additional inspection of the work will not be performed
until the required fees have been paid. The fee for each reinspection shall be established by
fee resolution of the city council.
109.4.5 Development impact fees.
This section applies to development fees imposed by the jurisdiction for the purpose of financing
capital improvements and public facilities, the need for which is attributable to such development.
The provisions of this section do not apply to taxes or special assessments levied by the
jurisdiction.
1.The amount of the fees due to jurisdiction shall be based on the development fee
schedule in effect at the time of payment. The amount of the development impact fee
established by fee resolution of the city council, ordinance, or other applicable law shall
not exceed the estimated cost of providing the proposed development with the service or
facility for which the development impact fee is imposed.
2.No building permit shall be issued until all applicable development impact fees due for the
development project have been paid or secured through a recorded agreement with the
jurisdiction, unless payment at a later time is mandated by Government Code Section
66007 or otherwise permitted by local ordinance or other applicable law of the
jurisdiction.
3.When applicable development impact fees are to be calculated during the building permit
process or prior to the issuance of a building permit, it shall mean the building permit is
approved by the building official and is ready to issue.
4.No temporary or final certificate of occupancy or permanent connection to utilities may be
granted until all development fees have been paid in full.
18.04.230040 Section 1501 amended Scope.
Section 1501110 (Inspections) of the California Building Code is Amended.
A.Section 110.1.1 is added to read as follows:
110.1.1 Preconstruction meetings/inspections.
The building official may be contacted by a property owner or permit holder to arrange a pre-
construction meeting involving contractors, engineer of record, architects, and any other essential
project participants. The meeting may be used to clarify areas of responsibility, to establish lines
of communication to be used by all involved parties through the inspection process, and to
answer questions about complex construction details and project phasing. For cost recovery
purposes, the building official may charge their fully burdened hourly rate for time spent
arranging, preparing, and participating in such meetings.
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B.Section 110.3.1 is amended to read as follows:
110.3.1 Footing and foundation inspection.
Footing and foundation inspections shall be made after excavations footings are complete and
any required reinforcing steel is in place. For concrete foundations, any required forms shall be in
place prior to inspection. Materials for the foundation shall be on the job. Except where concrete
is ready mixed in accordance with ASTM C94, the concrete need not be on the job.
A California State licensed surveyor is required to certify the location and setbacks of new
construction prior to the first foundation inspection if the proposed building or structure is located
five feet or closer to an adjacent property line. A copy of the certification shall be available to the
building official prior to the first inspection. Prior to the approval of any foundation inspection the
permit holder shall submit the setback certification that certifies by field measurement that the
location of the building meets or exceeds the minimum setback distance as shown on the
approved building plan set.
Pad and elevation certification information pursuant to Section 107.2.9 of this code shall be
maintained onsite and available to the building official at the foundation inspection. The building
official may require top of form elevation certification prior to placing concrete for slabs.
C.Section 110.4 is amended to read as follows:
110.4 Inspection agencies.
The building official is authorized to accept reports of approved inspection agencies, licensed
engineers, licensed contractors or other qualified individuals, provided that such agencies,
licensed professionals or individuals satisfy the requirements as to qualifications and reliability.
D.Section 110.7 is added to read as follows:
110.7 Building service equipment and utility connections.
Building service equipment regulated by the technical codes shall not be connected to the water,
fuel or power supply, or sewer system until authorized by the building official. At the building
official’s discretion, the building official is authorized to release the utilities for a project prior to
completion and prior to applicable city/county function approvals. When utilities are released prior
to completion and prior to approvals by all applicable city/county departments, the property owner
and/or permit holder shall agree, in writing, on a form provided by the building official, that the
building or structure will not be occupied until released by all applicable city/county functions.
Following a natural disaster or emergency, the building official may issue such permits deemed
necessary to restore a previous legal use or to allow temporary occupancy of a site, prior to the
primary use being re-established.
E.Section 110.8 is added to read as follows:
110.8 Prior to release of occupancy of a building or structure.
When the building or structure is ready for final inspection and occupancy pursuant to Section
111 of this code, the property owner or permit holder shall notify the building official. The building
official will coordinate with other appropriate city/county functions described in Section 110.7 of
this code, as amended to read as follows:, so they may verify compliance with all laws and
ordinances they are charged with enforcing.
Passing final inspection or the final approval of the building official on the building permit
inspection card does not constitute approval to occupy the structure.
18.04.045 Section 111 (Certificate of Occupancy) of the California Building Code Amended.
A.Section 111.1 is amended to read as follows:
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111.1 Requirements for occupancy.
This section of the code is applicable to the following building permit application types: 1) new
non-residential buildings or structures; 2) new residential dwellings; 3) other buildings and
structures to be initially occupied or used; and 4) tenant improvements or building or structure
additions with a change in use or change in occupancy to a different group or division of
occupancy. In these instances, a building or structure shall not be used or occupied in whole or in
part, and a change of occupancy of a building or structure or portion thereof shall not be made,
until the building official has issued a certificate of occupancy therefore as provided herein.
Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the
provisions of this code or other applicable laws or ordinances of the jurisdiction. Certificates
presuming to give authority to violate or cancel the provisions of this code or other applicable
laws or ordinances of the of the jurisdiction shall not be valid.
Exceptions:
1.Unless it is specifically required by other provisions of this code, no existing building or
portion thereof shall require a certificate of occupancy provided the division of occupancy
therein is the same for which the original building permit was issued.
2.Certificates of occupancy are not required for work exempt from permits in accordance
with Section 105.2.
3.Certificates of occupancy are not required for new non-habitable accessory buildings or
structures.
4.Shell buildings have no portion approved for occupancy and generally do not comply with
the specific requirements of any group or division of occupancy. Therefore, a certificate of
occupancy may not be issued for a shell building. In lieu of a certificate of occupancy, a
final inspection report is issued to signify completion of a building or structure exclusive of
interior build out by a tenant or a property owner.
B.Section 111.2 is amended to read as follows:
111.2 Certificate of occupancy issued.
After the building official conducts a final inspection of the building or structure and does not
find violations of the provision of this code or other laws that are enforced by the department of
building safety, the building official shall issue a certificate of occupancy within one business
day in accordance with this section.
When a new certificate of occupancy is issued, it shall supersede every certificate previously
issued for that portion of the building or structure described thereon. If no new certificate is
required, the existing certificate on file will remain in effect. Duplicates of a previously issued
certificate may be secured upon the payment of the duplication fee as set forth in a fee
resolution of the city council.
111.2.1 Requirements to obtain a certificate of occupancy.
The building official shall issue the certificate of occupancy when all of the following conditions
have been satisfied:
1.A request for the certificate of occupancy has been accepted by the jurisdiction.
2.The applicable structural work and all electrical, plumbing, and mechanical systems
serving the area to be occupied are completed and approved
3.Fire protection systems are completed, fully operable, tested, and approved in the area
requested for occupancy.
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4.Each structural best management practices (BMP) has been completed and is operating
in compliance with all of its specifications, plans, permits, ordinances, and the
requirements of the MS4 Permit.
5.All public utilities as required by Section 110.7 are fully operable, tested, and approved to
serve the area requested for occupancy.
6.Certificate fees specified by a fee resolution of the city council are collected.
7.The building or structure does not contain any violations of the provisions of this code.
8.All required permits of entitlement are effective and any applicable conditions are
satisfied.
111.2.2 Minimum information to be provided on the certificate of occupancy.
The building official shall issue a certificate of occupancy that contains the following:
1.The building permit number.
2.The address of the building or structure.
3.The name and address of the owner or the owner’s authorized agent.
4.A description of that portion for the structure for which the certificate is issued.
5.A statement that the described portion of the structure has been inspected for
compliance with the requirements of this code for the occupancy and division of
occupancy and the use for which the proposed occupancy is classified.
6.The name of the building official.
7.The edition of the code under which the permit was issued.
8.The use and occupancy in accordance with the provisions of Chapter 3. (The
occupancy load only needs to be shown for assembly occupancies.)
9.The type of construction as defined in Chapter 6.
10.The design occupant load.
11.If an automatic sprinkler system is provided, whether the sprinkler system is required.
12.Any special stipulations and conditions of the building permit.
111.2.3 Limitations.
A certificate of occupancy is a declaration that the building or structure substantially complies with
the plans and specifications that have been submitted to, and approved by, the jurisdiction. A
certificate is no guarantee of building quality or compliance with other local ordinances and
applicable laws, other than documenting compliance with this code at the time the certificate was
issued.
C.Section 111.3 is amended to read as follows:
111.3 Temporary occupancy.
If the building official finds that no substantial hazard will result from occupancy of any building or
portion thereof before all constructive work covered by the permit is completed, the building
official may issue a temporary certificate of occupancy for the use of a portion or portions of a
building or structure prior to the completion of the entire building or structure. This temporary
occupancy is intended to apply to the building or business owner(s) or tenants and not for
members of the public. The building official may authorize the temporary connection of the
building or system service equipment to the utility source of energy for the purpose of testing
building service equipment, or for use under a temporary certificate of occupancy.
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For cost recovery purposes, the building official will charge their fully burdened hourly rate for the
time spent on processing the request and issuing the temporary certificate. Upon receipt of such
request and payment of a cost recovery fee, the building official shall issue a temporary certificate
that contains the same information as listed in California Building Code Section 111.2.2, as
amended.
111.3.1 Temporary certificate criteria.
Upon receipt of a request for a temporary certificate of occupancy and when the certificate fee
has been paid, the building official may issue a temporary certificate of occupancy. The following
items will be considered by the building official before a temporary certificate of occupancy is
issued:
1.The scope of the remaining work and its impact on the use of space.
2.How the space will be maintained safe and accessible while the remaining work is
completed.
3.The timeframe needed to complete the remaining work.
4.Whether approvals from other city departments and divisions are required prior to the
issuance of a temporary certificate of occupancy including: a) Planning; b)
Engineering/Public Works; c) Fire Prevention; and d) Water and Sewer.
111.3.2 Time period.
The building official shall set a time period during which the temporary certificate of occupancy is
valid. A temporary certificate of occupancy shall be valid for a period not to exceed 180 days.
Additional temporary certificates of occupancy may be issued, if the application is approved by
the building official. Upon expiration of a temporary certificate of occupancy, the building or
structure shall require a certificate of occupancy in accordance with other provisions in this code.
A violation of a condition of temporary occupancy shall constitute cause to revoke or suspend the
temporary certificate of occupancy.
18.04.050 Section 112 (Service Utilities) of the California Building Code Amended.
Section 112.4 is added to read as follows:
112.4 Authority to condemn building service equipment.
When any building service equipment is maintained in violation of the technical codes and in
violation of a notice issued pursuant to the provisions of this section, the building official shall
institute appropriate action to prevent, restrain, correct, or abate the violation. When the building
official ascertains that building service equipment regulated in the technical codes has become
hazardous to life, health, or property, or has become unsanitary, the building official shall order in
writing that such equipment either be removed or restored to a safe or sanitary condition, as
appropriate. The written notice shall fix a time limit for compliance with such order. Defective
building service equipment shall not be maintained after receiving such notice.
112.4.1 Connection after order to disconnect.
Persons shall not make connections from an energy, fuel, or power supply nor supply energy or
fuel to building service equipment which has been disconnected or ordered to be disconnected by
the building official, or the use of which has been ordered to be discontinued by the building
official, until the building official authorizes the reconnection and use of such equipment.
18.04.055 Section 113 (Board of Appeals) of the California Building Code Amended.
A.Section 113.1 is amended to read as follows:
113.1 General.
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In order to hear and decide appeals of orders, decisions or determinations made by the building
official relative to the application and interpretation of this code, its amendments and building
requirements of the jurisdiction, there shall be and is hereby created a board of appeals.
B. Section 113.3 is amended to read as follows:
113.3 Qualifications and membership.
The board of appeals shall consist of members who are qualified by experience and training to
pass on matters and reach decisions on matters pertaining to building construction and applicable
building codes, local ordinances, and other applicable law. The board shall include five regular
members, consisting of the building official from the cities of Oceanside, Encinitas, Vista, San
Marcos, and Escondido. Voting members of the board shall not be employees or residents of the
jurisdiction whose building official made the determination or took the action that is being
appealed. The term shall be considered indefinite provided that the person is authorized and
directed by one of the aforementioned jurisdictions to carry out the functions of that jurisdiction’s
building division. Three members shall constitute a quorum for the transaction of business, and
three affirmative votes shall be necessary to render a decision. The members of the board shall
serve without compensation and will not be reimbursed for their service.
113.3.1 Standing committee.
The board of appeals shall have no regular meetings, and all meetings shall be special meetings
noticed pursuant to Government Code Section 54956. The board shall be considered a "standing
committee" with a continuing subject matter jurisdiction. The board shall meet when an appeal is
filed pursuant to this section; or as called upon by the building official to provide advisory
comments regarding issues related to this code, such as the potential adoption of new codes or
alternative methods and materials.
113.3.2 Hearing examiner or chairperson.
The board of appeals may temporarily select one member to serve as a hearing examiner or
chairperson to conduct a hearing and to report the board’s findings. The examiner hearing the
case shall exercise all powers relating to the conduct of hearings until a decision is made on the
appeal and the business of the meeting has concluded.
C.Section 113.4 is added to read as follows
113.4 Secretary.
The building official shall be an ex officio member and shall act as the secretary to the board of
appeals and shall keep the minutes thereof but shall have no vote upon any matter before the
board. All meetings of the board, including without limitation, shall be conducted pursuant to the
terms of this section and called, noticed, held, and conducted in accordance with the provisions of
the Ralph M. Brown Act (Government Code Sections 54950 et seq.).
D.Section 113.5 is added to read as follows:
113.5 Appeal to the board of appeals.
Within 10 calendar days from the date the building official’s decision was issued, any interested
person or entity dissatisfied with the decision may file with the city clerk a written appeal to the
board of appeals specifying the reasons for the appeal, together with an appeal fee established
by resolution of the city council. Any appellant who is financially unable to pay the required
appeal fee may file a written request for an appeal fee hardship waiver. The written request
must be filed prior to or contemporaneous with the filing of the appeal. The appellant requesting
the appeal fee hardship waiver shall indicate on the written appeal that an appeal fee hardship
waiver request has been filed. The hardship waiver shall be considered by the city pursuant to
the standards in Carlsbad Municipal Code section 1.10.120. Failure of any person or entity to
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file a timely appeal in accordance with this section shall constitute a waiver of the right to an
appeal hearing and the building official’s decision or action shall become final.
E.Section 113.6 is added to read as follows:
113.6 Hearing and conduct.
As soon as practicable after receiving the written appeal and appeal fee, the board shall fix a
date, time, and place for the hearing of the appeal by the board. The board shall hold a public
hearing on the matter within 60 days of the filing of the written appeal, or as soon thereafter as
a quorum can be assembled. Written notice of the time and place of the hearing shall be given at
least 10 days prior to the date of the hearing to each appellant and any interested parties of
record discovered through reasonable diligence, through either personal service or first-class
mail, each appellant at the address shown on the appeal, and to the interested parties of record
at the parties’ last known address. Notice by mail shall be deemed effective on the date of
deposit.
Hearings before the board shall be open to the public. The appellant, the building official and any
person whose interests are affected shall be given an opportunity to be heard. Only those matters
or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
The board of appeals may continue the hearing for good cause.
F.Section 113.7 is added to read as follows:
113.7 Decision.
The board of appeals shall hear the matter and approve, disapprove, or modify the decision of
the building official. The board of appeals shall make written findings and render a written
decision on each appeal which it hears; and shall cause a copy of same to be furnished to the
appellant, to the building official, and to any person requesting it. The board’s written
determination shall be final. There is no further administrative appeal.
G.Section 113.8 is added to read as follows:
113.8 Effect of building official’s decision during appeal period.
Except for orders issued by the building official because of conditions that represent an
immediate threat to life or safety of the public or adjacent properties, enforcement of any notice
and order of the building official shall be stayed during the pendency of an appeal therefrom
which is properly and timely filed.
18.04.060 Section 114 (Violations) of the California Building Code Amended.
A.Section 114.5 is added to read as follows:
114.5 Non-issuance.
Except as otherwise provided in this code, no permit required by this title shall be issued to a
permit applicant, and no final inspection shall be made for a property owner or permit holder, in
connection with any premises or portion thereof upon which there exists a violation of any local
ordinance or other applicable law. The building official may withhold building permits or other
approvals for any reconstruction, rehabilitation, repair, alteration, addition, or other
improvement pertaining to any existing or new building or structures on a property, or any
permits pertaining to the use and development of the real property or the structure, which are
subject to an administrative or other enforcement action if a request to appeal the action has
not been timely filed; or after an appeal has been filed and a hearing officer affirms the
enforcement officer’s enforcement action; or if a notice of pending administrative enforcement
action or other notice has been recorded against the property pursuant to the procedures set
forth in the Carlsbad Municipal Code or other applicable law. The jurisdiction may withhold
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permits until the violation has been corrected, or if applicable, until a certificate of compliance
or notice of release has been recorded against the property.
114.5.1 Issuance for corrective action.
At the discretion of the building official, building permits or certificates of occupancy may be
issued to property owners or permit applicants in connection with any premises or portion
thereof on which there exists a violation of a local ordinance or other applicable law when such
permits are required to abate or remedy a violation of a local ordinance or other applicable law
and the permits are immediately necessary to protect public health, safety, or welfare.
B.Section 114.6 is added to read as follows:
114.6 Certificate of noncompliance.
If the building official determines there is a violation of this code, and the violation has been
noticed or cited but not appealed, the building official may file, in the office of the county recorder,
a certificate of noncompliance against the property where the building or structure is located. The
noticing, issuance, appeal procedures, and recording of the certificate of noncompliance shall
comply with the requirements of Carlsbad Municipal Code section 1.10.050 for a notice of
pending administrative enforcement action.
If a certificate of noncompliance is filed, and where the required permit, inspection, and/or
approval required is obtained, the building official shall file a certificate of compliance with the
county recorder certifying compliance of the property. 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 for the property may be denied.
18.04.065 Section 115 (Stop Work Order) of the California Building Code Amended.
Section 115.3 is amended to read as follows:
115.3 Unlawful continuance.
Any person who shall continue any work after 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, or that
removes a posted stop work order without written consent of the building official, shall be subject
to the penalties prescribed by Carlsbad Municipal Code Chapter 1.08 and Section 1.10.020
pertaining to stop work orders.
18.04.070 Section 116 (Unsafe Structures and Equipment) of the California Building Code
Amended.
Section 116.1.1 is added to read as follows:
116.1.1 Appendages and structural members.
Parapet walls, cornices, spires, towers, and other appendages or structural members which are
supported by, attached to, or part of a building or structure and which are in a deteriorated
condition or otherwise unable to sustain the design loads which are specified in this code are
hereby designated as unsafe building appendages.
18.04.075 Reserved.
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18.04.080 Section 1206 (Sound Transmission) of the California Building Code Amended.
A.Section 1206.4.1 is added to read as follows:
1206.4.1 When within the noise impact boundary of an airport or freeway.
Any new residence or addition of one or more habitable rooms to an existing residence located
within the noise impact boundary of an airport or freeway must be designed to ensure that
internal noise levels due to airport or freeway operations do not exceed 45 dB. This standard may
be satisfied by performing the acoustical analysis described in section 1206.4.2 or by employing
the prescribed construction methods described in section 1206.4.3.
For purposes of this section 1206, a noise impact boundary of an airport or freeway shall be all
areas adjacent to an airport or freeway with a 65 dB or higher noise exposure. Noise exposure
areas, contour lines or zones shall be identified on an existing noise contour map adopted by the
jurisdiction, such as the existing noise contour map included as a figure or map in the Noise
Element portion of the jurisdiction’s General Plan.
For purposes of this section 1206, “freeway” shall mean expressways with controlled access and
shall include Interstate 5 (I-5) and State Route 78 (SR-78).
B.Section 1206.4.2 is added to read as follows:
1206.4.2 Acoustical analysis.
A building permit application for a new residence or addition of one or more habitable rooms to an
existing residence located within the noise impact boundary of an airport or freeway must comply
with the minimum noise insulation performance standards established in this section if it includes
an acoustical analysis demonstrating that the proposed design will ensure that internal noise
levels due to aircraft or freeway noise will not exceed 45 dB CNEL. The acoustical analysis shall
be proven to meet the standard by providing post-construction/pre-occupancy acoustic
measurement to verify compliance with the 45 dB standard. The building official has the
discretion to implement policies that meet the intent of this code section.
1.The acoustical analysis must be prepared by a person experienced in the field of
acoustical engineering. The analysis must consider and include: the topographical
relationship between aircraft and freeway noise sources and the dwelling site, the
characteristics of those noise sources, predicted noise spectra and levels at the exterior
of the dwelling site, the basis for this prediction (measured or obtained from published
data), the noise insulation measures to be employed, and the effectiveness of the
proposed noise insulation measures.
2.If the interior allowable noise levels are to be met by requiring that windows be
unopenable or closed, the design for the structure must also specify a ventilation or air-
conditioning system to provide a habitable interior environment, having at least two air
exchanges per hour for the affected rooms. The ventilation system must not compromise
the interior room noise reduction.
C.Section 1206.4.3 is added to read as follows:
1206.4.3 Prescribed construction methods.
A building permit application for a new residence or addition of one or more habitable rooms to an
existing residence located within the noise impact boundary of an airport or freeway must comply
with the minimum noise insulation performance standards established in this section if the design
incorporates the following construction methods:
1.Construction methods in the 70 dB and greater noise zone.
a.Exterior walls. Buildings and structures in LDN contours 70 dB and greater shall
conform to the requirements for LDN contour 65 dB to 70 dB.
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b.Exterior Windows. 1) Openable windows: all openable windows in the exterior
walls of habitable rooms must have a laboratory sound transmission class rating
of at least STC 40 dB and must have an air infiltration rate of no more than 0.5
cubic feet per minute when tested according to ASTM E-283. 2) Fixed Windows:
all fixed windows in the exterior walls of habitable rooms must: i) have a sound
transmission class rating of at least STC 40 dB, ii) or must be 5/8-inch laminated
glass with STC rating of 40 dB and must be set in non-hardening glazing
materials, or iii) must be glass block at least 3 1/2 inches thick. 3) The total
areas of glazing in rooms used for sleeping must not exceed 20% of the wall
area.
c.Exterior Doors. 1) Exterior hinged doors to habitable rooms that are directly
exposed to aircraft or freeway noise and are facing the source of the noise must
be a door and edge seal assembly that has a laboratory sound transmission
class of at least STC 40 dB. 2) Exterior hinged doors to habitable rooms that are
not directly exposed to aircraft or freeway noise and do not face the source of
the noise must have a minimum STC rating of 35 dB. 3) Sliding glass doors in
habitable rooms must not be allowed in walls that are directly exposed to aircraft
or freeway noise. Sliding glass doors in walls that are not directly exposed must
have an STC rating of at least 40 dB. 4) Access doors from an attached garage
to the interior of a residence must have an STC rating of at least 30 dB.
d.Roof/Ceiling Construction. Buildings and structures in LDN contours 70 dB and
greater shall conform to the requirements for LDN contour 65 dB to 70 dB.
e.Ventilation. Buildings and structures in LDN contours 70 dB and greater shall
conform to the requirements for LDN contour 65 dB to 70 dB..
2.Construction Methods in the 65 dB to 70 dB noise zone
a.Exterior Walls. New walls that form the exterior portion of habitable rooms must
be constructed as follows: 1) Studs must be at least 4 inches in nominal depth. 2)
Exterior finish must be stucco, minimum 7/8-inch thickness, brick veneer,
masonry, or any siding material allowed by this code. Wood or metal siding must
be installed over 1/2-inch solid sheathing. 3) Masonry walls with a surface weight
of less than 40 pounds per square foot will require an interior studwall that is
finished with at least 5/8-inch thick gypsum wallboard or plaster. 4) Wall
insulation must be at least R-11 glass fiber or mineral wool and must be installed
continuously throughout the stud space. 5) Exterior solid sheathing must be
covered with overlapping asphalt felt. 6) Interior wall finish must be at least 5/8-
inch thick gypsum wallboard or plaster.
b.Exterior Windows. 1) Openable Windows: All openable windows in the exterior
walls of habitable rooms must have a laboratory sound transmission class rating
of at least STC 35 dB and must have an air infiltration rate of no more than 0.5
cubic feet per minute when tested according to ASTM E-283. 2) Fixed Windows:
All fixed windows in the exterior walls of habitable rooms must be at least 1/4-
inch thick and must be set in non-hardening glazing materials. 3) The total area
of glazing in rooms used for sleeping must not exceed 20% of the floor area.
c.Exterior Doors. 1) Exterior hinged doors to habitable rooms that are directly
exposed to aircraft or freeway noise and are facing the source of the noise must
be a door and edge seal assembly that has a laboratory sound transmission
class of at least STC 35 dB. 2) Exterior hinged doors to habitable rooms that are
not directly exposed to aircraft or freeway noise and do not face the source of the
noise must have a minimum STC rating of 30 dB. 3) Sliding glass doors in
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habitable rooms must have glass that is 1/4-inch thick. 4) Access doors from a
garage to a habitable room must have an STC rating of at least 30 dB.
d.Roof/Ceiling Construction. 1) Roof rafters must have a minimum slope of 4:12
and must be covered on their top surface with minimum 1/2-inch solid sheathing
and any roof covering allowed by this code. 2) Attic insulation must be batt or
blow-in glass fiber or mineral wool with a minimum R-30 rating applied between
the ceiling joists. 3) Attic ventilation must be: i) gable vents or vents that
penetrate the roof surface that are fitted with transfer ducts at least 6 feet in
length that are insulating flexible ducting or metal ducts containing internal 1-inch
thick coated fiberglass sound absorbing duct liner. Each duct must have a lined
90-degree bend in the duct so that there is no direct line of sight from the exterior
through the duct into the attic; or ii) noise control louver vents; or iii) eave vents
that are located under the eave overhang. 4) Ceilings must be finished with
gypsum board or plaster that is at least 5/8-inch thick. 5) Skylights must
penetrate the ceiling by means of a completely enclosed light well that extends
from the roof opening to the ceiling opening. A secondary openable glazing panel
must be mounted at the ceiling line and must be glazed with at least 3/16-inch
plastic, tempered or laminated glass. The weather-side skylight must be any type
that is permitted by the building code.
e.Ventilation. 1) A ventilation system must be provided that will provide at least the
minimum air circulation and fresh air supply requirements of this code in each
habitable room without opening any window, door or other opening to the
exterior. All concealed ductwork must be insulated flexible glass fiber ducting that
is at least 10 feet long between any two points of connection. 2) Kitchen cooktop
vent hoods must be the non-ducted recirculating type with no ducted connection
to the exterior.
D.Section 1206.4.4 is added to read as follows:
1206.4.4 Complaints.
Where a complaint as to noncompliance with this section requires a field test, the complainant
shall post a bond or adequate funds in escrow for the cost of the field test in an amount as
required per fee resolution of the city council. Such costs shall be chargeable to the complainant
if the field tests show compliance with this division. If the tests show noncompliance, testing costs
shall be borne by the property owner or builder.
18.04.085 Section 1501 (General) of the California Building Code Amended.
Section 1501.1 is amended to read as follows:
1501.1 Scope.
The provisions of this chapter shall govern the design, materials, construction and quality of
roof assemblies, and rooftop structures.
1.Roofing assemblies, roof coverings, and roof structures shall be as specified in this
Codecode and as otherwise required by this Chapterlocal ordinance or applicable
law.
2.Roofing assemblies and roof coverings other than wood shakes and shingles shall
be Class A fire rated.
3.Wood shakes and shingles of any classification are prohibited as a roof covering on
all structures and on all replacement roofs.
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4.Roof coverings shall be secured or fastened to the supporting roof construction and
shall provide weather protection for the building at the roof.
5.Skylights shall be constructed as required in Chapter 24. For use of this code. Use of
plastics in roofs, see shall comply with Chapter 26. For solar of this code. Solar
photo-voltaic energy collectors located above or upon a roof, see Chapter 6 shall be
class A fire rated.
18.04.090 Section 1505 (Fire Classification) of the California FireBuilding Code. Amended.
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 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
appealSection 1505.9 is amended to read as follows:
1505.9 Rooftop mounted photovoltaic (PV) panel systems.
Rooftop mounted photovoltaic (PV) panel systems shall be tested, listed and identified with a
fire classification of A, in accordance with UL 2703. Listed systems shall be installed in
accordance with the manufacturers installation instructions and their listing.
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.
.
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18.04.33018.04.095 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.
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Chapter 18.06
UNIFORM HOUSING CODE
Sections:
18.06.010 Adoption and scope
18 06 010of Adoption and scope.
Chapters 10, 11, 14, 15 and 16 of the Uniform Housing Code.
18.06.020 Building official designated.
18.06.030 Violations (UHC),.
18.06.010 Adoption of Uniform Housing Code.
The Uniform Housing Code, 1997 Edition, copyrightededition, as published by the International
Conference of Building Officials, is (ICBO), are adopted and incorporated by this reference as the city
housing code. The following chapters are deleted: Chapters 1 through 9, 12 and 13.
18.06.020 Building official designated.
The building official appointed pursuant to the provisions of Chapter 18.04 is authorized and directed to
enforce all the provisions of this chapter.
18.06.030 Violations.
Any person or corporation who violates any of the provisions of this chapter is guilty of an infraction except
for the fourth of 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.
The provisions of this code that are adopted by the city shall apply to all residential buildings and
structures or portions thereof used, or designed or intended to be used, including but not limited to any
appurtenances connected or attached to such buildings or structures.
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Chapter 18.08
MECHANICAL
HISTORICAL BUILDING CODE
Sections:
18.08.010 Adoption and scope.
18.08.020 Building official designated.
18.08.030 Violations.
18.08.040 Certificate of noncompliance.
18.08.050 Permit fees.
18.08.010 Adoption and scope.
The 20192022 California Mechanical Historical Building Code, California Code of Regulations, Title 24, Part
4, copyrighted by the International Association of Plumbing and Mechanical Officialsa portion of the
California Building Standards Code, is adopted by in its entirety and incorporated by this reference as
the mechanical code of the City of Carlsbad.
18.08.020 Building official designated.
Thehistorical 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. code.
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 (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.
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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.
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Chapter 18.09
EXISTING BUILDING CODE
Sections:
18.09.010 Adoption and scope.
18.09.010 Adoption and scope.
The 2022 California Existing Building Code, California Code of Regulations, Title 24, a portion of the
California Building Standards Code, is adopted in its entirety and incorporated by this
reference as the existing building code. The following appendices of the existing building code are
included in the adoption: Appendix A (Guidelines for the Seismic Retrofit of Existing Buildings) and B
(Supplementary Accessibility Requirements for Existing Buildings and Facilities). The following sections,
chapters, or appendices are deleted: Section 103 et seq. through Section 114 et seq.; and Appendices C
and D.
The provisions of this code that are adopted by the city shall apply to all existing buildings and structures
for which a legal building permit has been issued, including but not limited to any appurtenances
connected or attached to such buildings or structures.
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Chapter 18.10
MECHANICAL CODE
Sections:
18.10.010 Adoption and scope.
18.10.020 Screening for mechanical equipment and devices.
18.10.030 Rooftop hazard avoidance.
18.10.010 Adoption and scope.
The 2022 California Mechanical Code, California Code of Regulations, Title 24, a portion of the California
Building Standards Code, is adopted and incorporated by this reference as the mechanical
code. The following sections, chapters, or appendices are deleted: Sections 103 et seq., 104.3, 104.4,
106 et seq. and 107 et seq. of Chapter 1; Chapter 15; and Appendices A through H.
The provisions of this code that are adopted by the city shall apply to mechanical systems, materials, or
appurtenances or portions thereof and other related building service equipment installed, used, designed
or intended to be used.
18.10.020 Screening for mechanical equipment and devices.
A.Installation, remodel, replacement, removal, abatement or discontinuance of mechanical systems
and related building service equipment shall meet the requirements of this section.
B.Roof-mounted mechanical equipment and devices. Mechanical equipment, including, but not limited
to, air conditioning, heating, tanks, ducts, elevator enclosures, cooling towers, solar panels, or other similar
equipment shall be adequately screened from view from surrounding properties, adjacent public streets,
and on-site parking areas. Screening shall be accomplished with mechanical roof wells recessed below the
roof line, by solid and permanent roof-mounted screens, use of parapet walls, or building design integration
and concealment by portions of the same building or other structure. Alternative methods for screening may
include the consolidation and orientation of devices towards the center of the rooftop with enclosure and
the use of neutral color surfaces or color paint matching. Chain link fencing with or without wooden/plastic
slats is prohibited.
1.All electrical and mechanical duct work and related piping shall be inside the building and
not the roof. All connections related to equipment shall be made in the same roof
opening on the platform or have the prior approval from the building official. Any under-
roof or wall-mounted cables, raceway, conduit, or other device connection to support
roof-mounted assemblies is subject to Section 2803.3.
2.Sewer vents shall be brought to on main vent below the roof and have one penetration
where restrooms or other plumbing fixtures are back to back or in the general proximity.
3.All air exhaust fans and other equipment shall be within the building and use the same
roof opening where restroom and other equipment are back to back or in the general
proximity.
4.All roof appurtenances and screening devices shall be architecturally integrated with
construction and appearance similar to and compatible with the building or structure on
which the equipment is placed to the satisfaction of the building official. All visible
elements should have symmetry in all visible dimensions and be contextually balanced
so that the screening does not dominate the element they are placed on.
C.Ground-mounted mechanical equipment and devices. All ground-mounted mechanical equipment,
including but not limited to heating and air conditioning units and swimming pool and spa pumps and
filters, shall be completely screened from view from surrounding properties and adjacent public streets by
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a solid wall or fence or shall be enclosed within a building or electrical/service room. Alternative methods
for screening equipment from the public right-of-way and adjacent properties may include the placement
of equipment in locations where buildings serve the purpose of screening or any other method approved
by the building official. Chain link fencing with or without wooden or plastic slats is prohibited.
In locations where ground-mounted mechanical equipment is completely screened from surrounding
properties and adjacent to public streets, but visible on-site, the ground-mounted equipment shall be
surrounded by sight-obscuring landscaping, enclosed within a structure (i.e. equipment enclosure), and/or
painted with neutral colors that are compatible with structures and landscaping on the property.
Structural, design, and/or landscaping plans for any required screening under the provisions of this
section shall be approved by the building official.
D.Wall-mounted devices. Large wall-mounted mechanical and electrical equipment, which are greater
than 36 inches in height or width, shall be completely screened from the public right-of-way, adjacent
properties, and on-site parking areas or shall be enclosed within a building or electrical/service room.
Minor wall-mounted mechanical and electrical equipment, such as electric panels, utility meters, or
junction boxes, which are 36 inches in height and width or less shall be screened to the maximum extent
practicable through the use of building design integration and concealment, enclosure, or surface color
paint matching and be screened by walls or fences or sight-obscuring landscaping. Chain link fencing
with or without wooden or plastic slats is prohibited.
1.All exterior wall-mounted cables, raceway, conduit, or other device connection to support
any roof-mounted, ground-mounted, or wall-mounted mechanical devices, shall be
painted to match the color of the building wall or surface on which they are mounted and
shall be sited to minimize the appearance or be in a location that is reasonably
compatible and in harmony with the architectural styling and detailing of the building.
E Exceptions to screening requirements. Where it can be clearly demonstrated that the exterior
mechanical equipment is not visible from any surrounding properties, adjacent public streets, and on-site
parking areas, the building official may waive the screening requirements of this section. Furthermore, the
following mechanical equipment and devices will be fully or partially exempt from the foregoing screening
requirements of this section, but may be regulated separately by some other law or ordinance: 1) electric
vehicle charging support systems; 2) electric generating facilities, including solar photovoltaic systems;
and 3) satellite television antennas.
F.Removal, abatement and discontinuance of mechanical equipment or devices. Where roof-mounted
or wall-mounted equipment, devices or other appurtenances are removed, abated or discontinued, any
unused openings on any roof or wall must be sealed and restored to match the structural condition and
appearance of its surroundings.
18.10.030 Rooftop hazard avoidance.
Rooftop hazard avoidance. Rooftop mechanical equipment, other equipment requiring maintenance and
roof access hatches shall be located so that routine maintenance and approach thereof is more than 10
feet of the edge of the roof. This standard may only be encroached upon approval by the building official
and only when the building official is satisfied that compliance with the rooftop location requirement is
impracticable because of structural or construction difficulties or it is detrimental to the preservation of a
historic building.
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Chapter 18.12
ELECTRICAL CODE
Sections:
18.12.010 Adoption and scope.
18.12.020 Application ScopePermits required.
18.12.030 Building official designated.
18.12.080 Permits Required.
18.12.090 Permits – Exceptions.
18.12.100 Permits Expiration.
18.12.120040 Permit Scope – Application.
18.12.130 Permit Application.
18.12.215050 Temporary meter sets.
18.12.220 Cost of permit.
18.12.225 Violations and penalties.
18.12.227 Certificate of noncompliance.
18.12.010 Adoption and scope.
The 20192022 California Electrical Code, California Code of Regulations, Title 24, Part 3, copyrighted by a
portion of the National Fire Protection AssociationCalifornia Building Standards Code, is adopted byin its
entirety and incorporated by this reference as the electrical code for the City of Carlsbad. .
18.12.020 Application—Scope.
The provisions of this code that are adopted by the city shall apply to the installation, repair, operation and
maintenance of all electric wiring and electrical wiring, apparatus of any nature whatsoever whether
insideand systems installed, used, designed or outside of any building within the city except as provided
otherwise in this codeintended to be used.
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.
18.12.080020 Permits—Required 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. 030.
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.
DB. 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.
EC. 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
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holding a valid master electrician certificate of competency for work performed only on the property of his
or her employer, or the owner.
18.12.090030 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.
18.12.120040 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.
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18.12.215050 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 therefor before the commencement of the work.
In all such cases, a permit must be obtained as soon as it is practical to do so, and if there is an
unreasonable delay in obtaining such permit, a double fee 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 thereunder when in violation of this code or of any other
ordinance, or from revoking any certificate of approval when issued in error.
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.
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Chapter 18.16
PLUMBING CODE
Sections:
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 materialsscope.
18.16.080020 Section 1622A.0 added Bypass tees1505 (Recycled Water Systems in
Buildings) of the California Plumbing Code Amended.
Article II. Modifications
18.16.120 Section 106.3 amended Violations030 Sizing of roof drainage systems.
18.16.125 Certificate of noncompliance.
18.16.130 Section 104.3.2 amended Permit fees.
Article I. General Regulations
18.16.010 Adoption and scope.
The 20192022 California Plumbing Code, California Code of Regulations, Title 24, Part 5, copyrighted by
the International Associationa portion of Plumbing and Mechanical Officialsthe California Building
Standards Code, is adopted and incorporated by this reference as the plumbing code of the City of
Carlsbad except for the changes, additions, deletions and amendments set forth in this chapter, which
shall supersede such provisions of said. The following appendices of the plumbing code.
are included in the adoption: Appendix H (Private Sewage Disposal Systems) and M (Peak Water
Demand Calculator). The following sections, chapters, or appendices are deleted: Sections 103 et seq.,
104.3, 104.4, 104.5, 106 et seq. and 107 et seq. of Chapter 1; and Appendices A through G, I through L,
and N.
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 failureare adopted by the city shall apply 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 andplumbing equipment, systems, materials, or
appurtenances or portions thereof installed, used, designed or intended to be used.
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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.
18.16.080020 Section 1622A.0 added Bypass tees1505 (Recycled Water Systems in Buildings)
of the California Plumbing Code Amended.
Section 1622A.0 is added to the California Plumbing Code1505.10 is amended to read as follows:
On the effective date of this Ordinance, all1505.10 Required Appurtenances.
The recycled water supply system and the potable water system within the building and the
premises shall be provided with the required appurtenances (e.g. valves, air/vacuum relief valves,
etc.).
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 106.3030 Sizing of the California Plumbing Code is amended to read as follows:roof
drainage systems.
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
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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.
18.16.130 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.
A rainfall participation rate of 3.7 inches per hour in a 100-year storm event (one hour duration) shall be
utilized as a guideline to calculate the minimum sizing of roof drainage systems required. Roof drainage
systems shall be permitted to be sized using the roof area and the slope of the roof area served by each
of the drain inlet. Calculations for the roof drainage system shall be submitted along with the plan for
approval.
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Chapter 18.18
SOLAR ENERGY CODE
Sections:
18.18.010 Adoption of the Uniform Solar, Hydronics and Geothermal Energy Code.scope.
18.18.020 Building official designated.
18.18.030 Violations.
18.18.040 Section 104.5 amended Permit fees.
18.18.010 Adoption of the Uniform Solar, Hydronics and Geothermal Energy Codescope.
The 2018 Uniform Solar, Hydronics and Geothermal Energy Code, 2021 edition, copyrighted by the
International Association of Plumbing and Mechanical Officials, is adopted in its entirety and incorporated
by this 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.
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.
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Chapter 18.20
RESIDENTIAL CODE
Sections:
18.20.010 Adoption and scope.
18.20.020 Section R104 (Duties and Powers of the Building official designatedOfficial) of
the California Residential Code Amended.
18.20.030 Section 1.8.4.2 amended Permit feesR105 (Permits) of the California
Residential Code Amended.
18.20.040 Section R106 (Construction Documents) of the California Residential Code
Amended.
18.20.050 Section R109 (Inspections) of the California Residential Code Amended.
18.20.060 Section R111 (Utilities) of the California Residential Code Amended.
18.20.070 Section R901 (General) of the California Residential Code Amended.
18.20.010 Adoption and scope.
A. The 20192022 California Residential Code, California Code of Regulations, Title 24, Part 2.5,
including Appendix Chapters H and Q, copyrighted by the International Code Council, Inc.,a portion of the
California Building Standards Code, is adopted and incorporated by this reference as the residential code
of the City of Carlsbad. except for changes, additions, deletions and amendments in this chapter. The
following appendices of the residential code are included in the adoption: Appendix AH
(Patio Covers), AK (Sound Transmission), AQ (Tiny House), AX (Swimming Pool Safety Act) and AZ
(Emergency Housing). The following sections or appendices are deleted: Sections R108 et seq., R110 et
seq., R112 et seq., R113 et seq. and R114 et seq. of Chapter 1; and Appendices AF, AG, AI, AJ, AL,
AO, AR through AW, and AY.
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. The provisions of this code that are adopted by the city shall apply to detached one- and two-
family dwelling and townhomes not more than three stories and structures accessory thereto installed,
used, designed or intended to be used.
B.The building official is hereby authorized and directed to apply the administrative, organizational and
enforcement rules and regulations of the building code to implement the residential code or portions of
the code adopted. Administrative provisions relating to building fees, code compliance, enforcement,
violations and penalties are specified in Sections 109, 111, and 113 through 115 of the California Building
Code, Part 2, Volume 1, Chapter 1-Division II, as amended and adopted by the city.
18.20.020 Section R104 (Duties and Powers of the Building Official) of the California
Residential Code Amended.
Section R104.1 is amended to read as follows:
R104.1 General.
The building official is hereby authorized and directed to enforce the provisions of this code. The
building official shall have the authority to render interpretations of this code and to adopt policies
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and procedures as supplemental to this code in order to clarify the application of its provisions or
to implement or facilitate inspection functions, the issuance of permits and certificates, and other
administrative and enforcement duties imposed by the code. Such interpretations, policies and
procedures shall be in compliance with the intent and purpose of this code. Such policies and
procedures shall not have the effect of waiving requirements specifically provided for in this code.
18.20.030 Section R105 (Permits) of the California Residential Code Amended.
A.Section R105.1 is amended to read as follows:
R105.1 Required.
Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move,
demolish or change the occupancy of a building or structure, or to erect, install, alter, repair,
remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of
which is regulated by this code, or to cause any such work to be performed shall first make
application to the building official and obtain the required permit. The submission of a building
permit application shall be construed as attestation that the property owner and/or permit
applicant are aware of the scope of the project and will only perform or allow work within that
scope unless a building permit revision is subsequently authorized by the building official.
R105.1.1 Personal or electronic submission.
The property owner or permit applicant may submit the permit application and associated
documentation to the building division by personal or electronic submittal together with any
required permit processing and inspection fees. In the case of electronic submittal, the electronic
signature of the applicant on all forms, applications, and other documentation may be used in lieu
of a wet signature.
R105.1.2. Partial permits.
At the discretion of the building official, a partial permit may be issued to allow construction to
begin before the project plans are approved. To qualify for a partial permit, the permit applicant
must submit plans for the primary permit, and the plans must be accepted as complete for the
jurisdiction’s review. Work authorized by the partial permit shall be limited to underground site
work, including underground plumbing, electrical, and mechanical work.
B.Section R105.2 is amended to read as follows:
R105.2 Work exempt from permit.
Exemption 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.Other than storm shelters, one-story detached accessory buildings or structures,
provided that the floor area does not exceed 120 square feet (11.15 square meters) and
the building or structure is entirely above grade and is not located on a maintenance
easement, on a public utilities easement, or within a setback area as required by any
local ordinance or other applicable law. The building or structure shall not exceed the
height requirements set forth in any local ordinance or other applicable law. It is
permissible that these buildings or structures still be regulated by Section 710A despite
exemption from permit.
2.Fences not over six feet (1829 mm) high.
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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.Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8.Swings and other playground equipment accessory to detached one- and two¬ family
dwellings.
9.Window awnings, 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.
10. Decks not exceeding 200 square feet (18.58 square meters) in area, that are not more
than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do
not serve the exit door required by Section R311.4.
11.Skateboard ramps. The building or structure shall not exceed the height requirements set
forth in any local ordinance or other applicable law.
Electrical:
1.Listed cord-and-plug connected temporary decorative lighting.
2.Reinstallation of attachment plug receptacles but not the outlets therefor.
3.Replacement of branch circuit overcurrent devices of the required capacity in the same
location.
4.Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25
volts and not capable of supplying more than 50 watts of energy.
5.Minor repair work, including the replacement of lamps or the connection of approved
portable electrical equipment to approved permanently installed receptacles.
Gas:
1.Portable heating, cooking or clothes drying appliance.
2.Replacement of any minor part that does not alter approval of equipment or make such
equipment unsafe.
3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
Mechanical:
1.Portable heating appliance.
2.Portable ventilation equipment.
3.Portable cooling unit.
4.Steam, hot or chilled water piping within any heating or cooling equipment regulated by
this code.
5.Replacement of any part that does not alter its approval or make it unsafe.
6.Portable evaporative coolers.
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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.
8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
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.
C.Section R105.3 is amended to read as follows:
R105.3 Application for permit.
To obtain a permit, the applicant shall first file an application therefor in writing on a form
furnished by the department of building safety for that purpose. Such application shall:
1.Identify and describe the work to be covered by the permit for which application is
made.
2.Describe the land on which the proposed work is to be done by legal description, street
address or similar description that will readily identify and definitely locate the proposed
building or work.
3.Indicate the use and occupancy for which the proposed work is intended.
4.Be accompanied by construction documents and other information as required in
Section R106.1.
5.State the valuation of the proposed work. The valuations or value shall include the total
value of work, including materials and labor for which the building permit is requested.
Contract price valuations may be subject to further review and documentation.
6.Where applicable, state the area to be landscaped in square feet and the source of
water for irrigation.
7.Be signed by the property owner or applicant, or the applicant’s authorized agent, who
may be required to submit evidence to indicate signature authority. Whenever any
constructive work, including but not limited excavation or fill, requires entry onto adjacent
property for any reason, the permit applicant shall obtain the written consent or written
proof of legal easements or other property rights of the adjacent property owner or their
authorized representative. The consent shall be in a form acceptable to the building
official.
8.Diversion requirement and waste management plans. Except as otherwise provided in
this code, all property owners or permit applicants shall complete and submit a waste
management plan as part of the application packet for the building permit, certifying that
the diversion requirements will be satisfied for construction waste reduction, disposal,
and recycling.
9.Give such other data and information as required by the building official.
R105.3.1 Action on application.
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The building official shall examine or cause to be examined applications for permits and
amendments thereto within a reasonable time after filing. If the application or the construction
drawings do not conform to the requirements of pertinent laws, the building official shall reject
such application in writing, stating the reasons therefor. If the building official is satisfied that the
proposed work conforms to the requirements of this code and laws and ordinances applicable
thereto, the building official shall issue a permit therefor as soon as practicable to the property
owner or the permit 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 jurisdiction 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.
R105.3.1.2 Rebuild threshold and limits on repair and remodel.
The building official shall determine the applicability of certain permitting procedures and
requirements for repair and remodeling projects on a case-by-case basis. A project classified
as "rebuild" pursuant to this section shall be treated as a new building or structure. Modification
of fixtures, finishes, and systems shall not be considered in measuring project magnitude.
“New construction” is defined as any work, addition to, remodel, repair, renovation, or alteration
of any building(s) or structure(s) when 75% or more of the exterior weight bearing walls is
removed or demolished.
The cumulative scope for permitted work within any three-year period shall be added together
when determining whether the scope of work constitutes a rebuild. For the purposes of this
section, the computation of time shall be measured from the latest permit’s date of issuance.
The calculation of the percentage of floor area affected and final determination of required
improvements shall be made by the building official.
Special consideration for unforeseen defects and damages. If construction defects or damages
(e.g., pest or water damage) are discovered after construction has begun that were not
predictable or known by ordinary means such as pest damage reports and other inspections
and precautions, work must cease until the building official has been notified. The building
official shall have the discretion to evaluate the circumstances of the discovery and may allow
the rebuild threshold to be increased provided procedures deemed appropriate by the building
official are followed.
R105.3.2 Time limitation of application.
An application for a permit for any proposed work shall be deemed to have been abandoned 365
days after the date of filing, unless such application has been pursued in good faith or a permit
has been issued; except that the building official is authorized to grant one or more extensions of
time for additional periods not exceeding 180 days each. The extension shall be requested in
writing and justifiable cause demonstrated.
E.Section R105.4 is amended to read as follows:
R105.4 Validity of permit.
The permit when issued shall be for such construction as is described in the building permit
application and no deviation shall be made from the construction so described without the written
approval of the building official. The permit holder (property owner or permit applicant) is
obligated to maintain the accuracy of the building permit application and the approved building
plan set, and shall promptly report to the building official any construction defects or damages
discovered after construction has begun.
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The issuance or granting of a permit shall not be construed to be a permit for, or an approval of,
any violation of any of the provisions of this code or of any other ordinance, order or other
requirement of the jurisdiction. Permits presuming to give authority to violate or cancel the
provisions of this code or other ordinances, orders or other requirements of the jurisdiction shall
not be valid. The issuance of a permit based on construction documents and other data shall not
prevent the building official from requiring the correction of errors in the construction documents
and other data. The building official is authorized to prevent occupancy or use of a structure
where in violation of this code or of any other ordinances, orders or other requirements of this
jurisdiction.
F.Section R105.5.2 is added to read as follows:
R105.5.2 Defining commencement of work and substantial work.
For the purpose of this section, commencement of work shall be defined as the successful
completion, inspection, and approval of the entire foundation system for the permitted building or
structure, including the placement of concrete. If the permit is for a building or structure that does
not include a foundation, then the building official will determine that the work has commenced if
the amount of work completed shows a good faith effort to substantially perform the work
authorized by the permit, which shall be construed to mean measurable work such as, but not
limited to, the addition of footings, structural members, flooring, wall coverings, plumbing
systems, mechanical systems, and electrical systems.
G.Section R105.5.3 is added to read as follows:
R105.5.3 Expired permits.
It is unlawful for any person, firm, or corporation to maintain any building, structure, or
equipment, or portion thereof, regulated by this code if permits required by this code are
expired without final inspection approval and no application by the permittee has been made to
obtain new permits to complete the work authorized under the expired permit.
Where a building or structure remains unfinished after the permit has expired, the property
owner or permit applicant must, within 60 days after written notice by the building official,
demolish and remove the building or structure or obtain a new permit. Before such work can be
recommenced, a new building permit must be obtained.
The building permit fee collected by the building official to reinstate an expired permit 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 expiration has not exceeded one year.
H.Section R105.5.4 is added to read as follows:
R105.5.4 Sewer allocation system.
The provisions of any sewer allocation system adopted by local ordinance or other applicable law
shall supersede the reinstatement of an expired permit if the building permit was issued pursuant
to such system.
I.Section R105.6.1 is added to read as follows:
R105.6.1 Unfinished building and structures.
Where a building or structure remains unfinished after the permit therefore has been suspended
or revoked, the property owner shall, within 60 days after written notice by the building official,
demolish and remove the same or obtain a new permit. Before such work can be recommenced,
a new building permit shall be obtained.
J.Section R105.10 is added to read as follows:
R105.10 Unpermitted buildings and structures.
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No person shall own, use, occupy or maintain any "unpermitted structure." For the purposes of
this code, "unpermitted structure" shall be defined as any building or structure, or portion thereof,
that was reconstructed, rehabilitated, repaired, altered, added to, improved, or equipped, at any
point in time without the required permit(s) having first been obtained from the building official, or
any unfinished work for which a permit has expired.
18.20.040 Section R106 (Construction Documents) of the California Residential Code
Amended.
A.Section R106.2.1 is added to read as follows:
R106.2.1 Site drainage.
Where proposed construction will affect site drainage, existing and proposed drainage patterns
shall be shown on the plot plan.
B.Section R106.2.2 is added to read as follows:
R106.2.2 Foundation survey.
A survey of the lot is required by the building official to verify the proposed building or structure is
located in accordance with the approved plans when a new foundation is proposed at five feet or
closer to an adjacent property line.
C.Section R106.2.3 is added to read as follows:
R106.2.3 Waiver.
The building official may grant the omission of a site plan, design flood elevations, site drainage,
and/or foundation survey information when the proposed work is of such a nature that no
information is needed to determine compliance with all laws relating to the location of buildings or
occupancies.
D.Section R106.6 is added to read as follows:
R106.6 Prerequisite for pad certification.
Except as otherwise provided in this code, upon completion of the rough grading work and prior
to issuance of any building permit, the property owner or permit applicant must submit the
required pad certifications/documents to the applicable governing authority. This information shall
also be maintained onsite and available to the building official at the foundation inspection,
pursuant to Section R109.1.1 of this code.
18.20.050 Section R109 (Inspections) of the California Residential Code Amended.
A.Section R109.1 is amended to read as follows:
R109.1 Types of inspections.
For on-site construction, from time to time the building official, upon notification from the permit
holder or his agent, shall make or cause to be made any necessary inspections and shall either
approve that portion of the construction as completed or shall notify the permit holder or his or her
agent wherein the same fails to comply with the code. The enforcing agency upon notification of
the permit holder or their agent shall within a reasonable time make the inspections set forth in
Section R109.1.1, R109.1.1.1, R109.1.3, R109.1.4, R109.1.4.1, R109.1.4.2, R109.1.5,
R109.1.5.1, R109.1.5.2, R109.1.5.3, R109.1.6, R109.1.6.1 and R109.1.6.2.
The building official may be contacted by a property owner or permit holder to arrange a pre-
construction meeting involving contractors, engineer of record, architects, and any other essential
project participants. The meeting may be used to clarify areas of responsibility, to establish lines
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of communication to be used by all involved parties through the inspection process, and to
answer questions about complex construction details and project phasing. For cost recovery
purposes, the building official may charge their fully burdened hourly rate for time spent
arranging, preparing, and participating in such meetings.
Note: Reinforcing steel or structural framework of any part of any building or structure shall not be
covered or concealed without first obtaining the approval of the enforcing agency.
B.Section R109.1.1 is amended to read as follows:
R109.1.1 Foundation inspection.
Inspection of the foundation and footings shall be made after poles or piers are set or trenches or
basement areas are excavated and any required forms erected and any required reinforcing steel
is in place and supported prior to the placing of concrete. The foundation or footings shall include
excavations for thickened slabs intended for the support of bearing walls, partitions, structural
supports or equipment and special requirements for wood foundations. Materials for the
foundation shall be on the job except where concrete is ready mixed in accordance with ASTM
C94. Under this circumstance, concrete is not required to be at the job site.
A California State licensed surveyor is required to certify the location and setbacks of new
construction prior to the first foundation inspection if the proposed building or structure is located
five feet or closer to an adjacent property line. A copy of the certification shall be available to the
building official prior to the first inspection. Prior to the approval of any foundation inspection the
permit holder shall submit the setback certification that certifies by field measurement that the
location of the building meets or exceeds the minimum setback distance as shown on the
approved building plan set.
Pad and elevation certification information pursuant to Section 107.2.9 of this code shall be
maintained onsite and available to the building official at the foundation inspection. The building
official may require top of form elevation certification prior to placing concrete for slabs.
The building official may grant exemptions to these requirements for accessory buildings or
structures, on a case-by-case basis, when sufficient physical evidence (such as survey
monuments) exists from which it can be demonstrated that the accessory building or structure is
located in relation to property lines as shown on the approved plans.
C.Section R109.1.2.1 is added to read as follows:
R109.1.2.1 Building service equipment and utility connections.
Building service equipment regulated by the technical codes shall not be connected to the water,
fuel or power supply, or sewer system until authorized by the building official. At the building
official’s discretion, the building official is authorized to release the utilities for a project prior to
completion and prior to applicable city/county function approvals. When utilities are released prior
to completion and prior to approvals by all applicable city/county departments, the property owner
and/or permit holder shall agree, in writing, on a form provided by the building official, that the
building or structure will not be occupied until released by all applicable city/county functions.
Following a natural disaster or emergency, the building official may issue such permits deemed
necessary to restore a previous legal use or allow temporary occupancy of a site, prior to the
primary use being re-established
D.Section R109.1.6.3 is added to read as follows:
R109.1.6.3 Prior to release of occupancy of a building or structure.
When the building or structure is ready for final inspection and occupancy, the property owner or
permit holder shall notify the building official. The building official will coordinate with other
appropriate city/county functions so they may verify compliance with all laws and ordinances they
are charged with enforcing.
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Passing final inspection or the final approval of the building official on the building permit
inspection card does not constitute approval to occupy the structure.
E.Section R109.2 is amended to read as follows:
R109.2 Inspection agencies.
The building official is authorized to accept reports of approved inspection agencies, licensed
engineers, licensed contractors or other qualified individuals, provided that such agencies,
licensed professionals or individuals satisfy the requirements as to qualifications and reliability.
18.20.060 Section R111 (Utilities) of the California Residential Code Amended
Section R111.4 is added to read as follows:
R111.4 Authority to condemn building service equipment.
When any building service equipment is maintained in violation of the technical codes and in
violation of a notice issued pursuant to the provisions of this section, the building official shall
institute appropriate action to prevent, restrain, correct, or abate the violation. When the building
official ascertains that building service equipment regulated in the technical codes has become
hazardous to life, health or property, or has become unsanitary, the building official shall order in
writing that such equipment either be removed or restored to a safe or sanitary condition, as
appropriate. The written notice shall fix a time limit for compliance with such order. Defective
building service equipment shall not be maintained after receiving such notice.
R111.4.1 Connection after order to disconnect.
Persons shall not make connections from an energy, fuel, or power supply nor supply energy or
fuel to building service equipment which has been disconnected or ordered to be disconnected by
the building official, or the use of which has been ordered to be discontinued by the building
official, until the building official authorizes the reconnection and use of such equipment.
18.20.070 Section R901 (General) of the California Residential Code Amended.
Section R901.1 is amended to read as follows:
R901.1 Scope.
The provisions of this chapter shall govern the design, materials, construction and quality of
roof assemblies and rooftop structures.
1.Roofing assemblies, roof coverings, and roof structures shall be as specified in this
code and as otherwise required by local ordinance or applicable law.
2.Roofing assemblies and roof coverings other than wood shakes and shingles shall
be Class A fire rated.
3.Wood shakes and shingles of any classification are prohibited as a roof covering on
all structures and on all replacement roofs.
4.Roof coverings shall be secured or fastened to the supporting roof construction and
shall provide weather protection for the building at the roof.
5.Skylights shall be constructed as required in Section R308.6 and Chapter 9. Use of
plastics in roofs shall comply with R316 and Chapter 9. Solar photo-voltaic energy
collectors located above or upon a roof shall be class A fire rated.
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Chapter 18.21
CALIFORNIA GREEN BUILDING STANDARDS CODE
Sections:
18.21.010 Adoption and scope.
18.21.020 Building official designated.
18.21.030 Permit fees.
18.21.120 Section 202 (Definitions) of the California Green Building Standards Code
Chapter 2 amended Definitions.Amended.
18.21.140 18.21.030 Section 4.106 (Site Development) of the California Green Building
Standards Code Amended.
18.21.040 Section 5.106 (Planning and Design) of the California Green Building Standards
Code Chapter 4 amended Residential electric vehicle charging.Amended.
18.21.150 050 Appendix A5 (Nonresidential Voluntary Measures) of the California Green
Building Standards Code Chapter 5 amended Nonresidential electric vehicle
charging.Amended.
18.21.155 California Green Building Standards Code Appendix A5 adopted in part and
amended as mandatory requirements Energy efficiency.
18.21.010 Adoption and scope.
The 20192022 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 a portion of the California Building Standards Code, is adopted and incorporated intoby
this chapter, is adopted by reference as the Green Building Standards Code of the City of Carlsbad.
18.21.020 Building official designated.
Thegreen 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 feesstandards code except for each permit shall be as set forth in the city’s master fee schedule or by
a resolution of the city councilchanges, additions, deletions and amendments in this chapter.
The following sections or chapters of Appendix A5 of the green building standards code are included in
the adoption: Sections A5.201, A5.202, A5.203.1.1 through A5.203.1.2.1 Tier 1, and A5.211 through
A5.213, except for changes, additions, and deletions as specified in this chapter. The following
appendices are deleted: A4 and A6.1.
18.21.120 020 Section 202 (Definitions) of the California Green Building Standards Code
Chapter 2 amended Definitions.Amended.
Section 202 of the California Green Building Standards Code is amended to revise/add the following
definitions:
EVSE CAPABLE. An electric vehicle charging space (EV space) installed with a listedElectric
vehicle (EV) capable space. A vehicle space with electrical panel space and load capacity to
support a branch circuit and necessary raceways, both underground and/or surface mounted. For
the purposes of this code, an EV capable space shall include a raceway capable of
accommodating a 208/240-volt dedicated branch circuit. The raceway shall not be less than trade
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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 capable 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. Future EV capable spaces may qualify as designated parking for
clean air vehicles.
EVSE INSTALLED. AnElectric vehicle (EV) charger. Off-board charging equipment used to
charge an electric vehicle. For the purposes of this code, an EV charging space (EV space)that is
installed with an EV charger shall consist of 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.
EVSE READY. An electric Electric vehicle charging(EV) ready space (EV. A vehicle space)
installed which is provided with a branch circuit, any necessary raceways, both underground
and/or surface mounted, to accommodate EV charging, terminating in a blank cover, receptacle
or a charger, with a dedicated 208/240-volt branch circuit, including a listed raceway, electrical
electric panel capacity, overcurrent protective device, and 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.Major residential renovations. Alterations and additions
to existing residential structures and construction sites where: (A1) 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 (B2)
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: requireRequire a grading permit
pursuant to Carlsbad Municipal Code Chapter 15.16as required by law or ordinance of the
jurisdiction; 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.030 Section 4.102106 (Site Development) of the California Green Building Standards
Code Amended.
Section 4.106.4 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.
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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:
4.106.4 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,Section
4.106.4.2,1 or 4.106.4.3,2 to facilitate future 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 local utility power supply or the local utility is
unable to supply adequate power.
1.2. Where there is evidence suitable to the local enforcing agency substantiating that
meeting the requirements will alter theadditional local utility infrastructure design
requirements on, directly related to the utility sideimplementation of Section
4.106.4, may adversely impact the meter so as to increase the utility
sideconstruction cost to the homeowner or the developer by more than $400.00
per parking spaceof the project.
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 ready spaces, EV capable spaces, and EVSE installed spaces
required or provide for EV charging elsewhere.
5.Where alternative and innovative parking systems will be installed as determined by the
building official.
4.106.4.1 New one- and two-family dwellings, townhouses and town-houses with attached
private garages, and major residential renovations. .
For each dwelling unit, install one EVSE Readya listed raceway to accommodate a dedicated
208/240-volt branch circuit to provide an EV ready space. The raceway shall not be less than
trade size 1 (nominal 1-inch inside diameter). The raceway shall originate to the main service or
subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the
proposed location of an EV charger. Raceways are required to be continuous at enclosed
inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide
capacity to install a 40-ampere 208/240-volt minimum dedicated branch circuit and space(s)
reserved to permit installation of a branch circuit overcurrent protective device.
4.106.4.1.1 Identification.
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The service panel or subpanel circuit directory shall identify the overcurrent protective device
designatedspace(s) reserved for future EV charging purposes as ““(EV) READY” in accordance
with the California Electrical Code.”. The receptacle or blank covercharger shall be
identifiedpermanently and visibly marked as “EV READY.””.
4.106.4.2 New multifamily dwellings, major residential renovations to existing multifamily
dwellings, hotels and motels, and new residential parking facilities.
When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall
meet the requirements of Sections 4.106.4.2.1. The provisions of this section shall also apply to
major residential renovations. If residential parking is available, tenCalculations for spaces shall
be rounded up to the nearest whole number. A parking space served by electric vehicle supply
equipment or designed as a future EV charging space shall count as at least one standard
automobile parking space only for the purpose of complying with any applicable minimum parking
space requirements established by ordinance of a local jurisdiction or any other applicable law.
See Vehicle Code Section 22511.2 for further details.
4.106.4.2.1 Multifamily development projects, major residential renovations to existing
multifamily dwellings, and hotels and motels.
The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a
project site subject to this section.
1.EV Capable. 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 future Level 2 EVSE. Electrical load calculations shall
demonstrate 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 capable spaces at a minimum of 40 amperes.
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.
Exceptions:
1.installed and future When EV chargers (Level 2 EVSE. Calculations for) are
installed in a number equal to or greater than the required number of EV capable
spaces and.
2.When EV chargers (Level 2 EVSE Installed spaces shall be rounded up to the
nearest whole number) are installed in a number less than the required number
of EV capable spaces, the number of EV capable spaces required may be
reduced by a number equal to the number of EV chargers installed.
Notes:
1.Construction documents are intended to demonstrate the project’s capability and capacity
for facilitating future EV charging.
Notes:
2.Except for a. Construction documents shall show locations of future EV
spaces. Construction documents shall also provide information on amperage of
future EVSE Installed spaces, there, raceway methods and electrical load
calculations to verify that the electrical panel service capacity and electrical
system has sufficient capacity to simultaneously charge future EVs at all EV
capable spaces at the full amperage.
b. There is no requirement for EV capable spaces to be constructed or available
until receptacles for EV charging or EV chargers are installed for use.
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4.106.4.2.1 Electric vehicle charging space (EV space) locations. Construction
documents shall indicate the location of proposed EV spaces.2. EV Ready. Twenty-five
(25) percent of the total number of parking spaces shall be equipped with lower power
Level 2 EV charging receptacles. For multifamily parking facilities, no more than one
receptacle is required per dwelling unit when more than one parking space is provided for
use by a single dwelling unit.
Exception: Areas of parking facilities served by parking lifts.
3.EV Chargers. Five (5) percent of the total number of parking shall be equipped with Level
2 EVSE. Where common use parking is provided, at least one EVSE Installed spaceEV
charger shall be located in the common use parking area and shall be available for use
by all residents or guests.
4.106.4.2.1.1When low power Level 2 EV charging receptacles or Level 2 EVSE
are installed beyond the minimum required, an automatic load management system
(ALMS) may be used to reduce the maximum required electrical capacity to each space
served by the ALMS. The electrical system and any on-site distribution transformers shall
have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging
station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of
40 amperes, and installed EVSE shall have a capacity of not less than 30 amperes.
ALMS shall not be used to reduce the minimum required electrical capacity to the
required EV capable spaces.
4.106.4.2.2 When a single EV space is required, it shall be an EVSE installed space with EV
charger.
4.106.4.2.2.1 Electric vehicle charging stations (EVCS).
Vehicle spaces with EV chargers and other electric vehicle charging stations required by Section
4.106.4.2.1, Item 3, shall comply with Section 4.106.4.2.2.1.
Exception: Electric vehicle charging stations (EVCS). When EV chargers are installed, EV
spacesserving public accommodations, public housing, motels and hotels shall not be required by
Section to comply with this section. See California Building Code, Chapter 11B, for applicable
requirements.
4.106.4.2.2, Item 3,.1.1 Location.
EVCS shall comply with at least one of the following options:
1. The EVcharging 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 EVcharging 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
4.106.4.2.2.1.1 and Section 4.106.4.2.2.1.2, Item 3.
Note:4.106.4.2.2.1.2 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(EVCS) dimensions.
The EVcharging spaces shall be designed to comply with the following:
1. 1. The minimum length of each EV ready space, EV capable space, and EVSE
installed space shall be 18 feet (5486 mm).
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2.2.The minimum width of each EV ready space, EV capable space, and EVSE
installed space shall be 9 feet (2743 mm).
3.3.One in every 25 EVcharging 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.
4.106.4.2.2.1.3 Accessible EV spaces.
In addition to the requirements in Sections 4.106.4.2.2.1.1 and 4.106.4.2.2.1.2, all EVSE, when
installed, shall comply with the accessibility provisions for EV chargers in the California Building
Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with
California Building Code, Chapter 11A, Section 1109A.
4.106.4.2.3 EV space requirements.
1.Single EV space required. When a single EV ready space, EV capable space, or EVSE
installed space is required, it shall be an EVSE Installedinstalled space.
4.106.4.Exception: A raceway is not required if a minimum 40-ampere 208/240-
volt dedicated EV branch circuit is installed in close proximity to the location or the
proposed location of the EV space, at the time of original construction in accordance with
the California Electrical Code.
2.4 Multiple EV spaces required. When multiple EV spaces are required, fifty (50) 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 proposedthe location of future EV EVSE installed spaces
and, or EV ready spaces, or EV capable spaces, receptacles, or EV chargers.
Construction documents shall also provide information on amperage of installed or future
receptacles or 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.
RacewaysRequired 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.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV
branch circuit is installed in close proximity to the location or the proposed location of the
EV space at the time of original construction in accordance with the California Electrical
Code..
4.106.4.2.4 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.
4.106.4.2.5 Electric Vehicle Ready Space Signage.
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Electric vehicle ready spaces shall be identified by signage or pavement markings, in compliance
with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and
Pavement Markings) or its successor(s).
4.106.4.3 New hotels and motels. All newly constructed hotels Electric vehicle charging for
additions and motels shall provide EV spaces alterations of parking facilities
serving existing multifamily buildings.
When new parking facilities are added, or electrical systems or lighting of existing parking
facilities are added or altered and the work requires a building permit, ten (10) percent of the total
number of parking spaces added or altered shall be electric vehicle charging spaces (EV capable
spaces) capable of supporting installed and future installation ofLevel 2 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. ThereNotes:
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 capable 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
18.21.040 Section 5.106 (Planning and EVSE Installed spaces shall be based on the total number
of parking spaces provided for all types of parking facilities in accordance with Design) of
the California Green Building Standards Code Amended.
Table 45.106.45.3.1 is amended to read as follows:
TABLE 5.106.5.3.1. Calculations for the required number of EV spaces and EVSE Installed
TOTAL NUMBER OF ACTUAL PARKING SPACES NUMBER OF REQUIRED EV CAPABLE SPACES
NUMBER OF EVCS (EVSE INSTALLED SPACE WITH EV CHARGER)2
0–9 1 1
10–25 4 1
26–50 8 2
51–75 13 3
76–100 17 5
101–150 25 6
151–200 35 9
201 and over 20 percent of total1 25 percent of EV capable
spaces1
1.Calculation for spaces shall be rounded up to the nearest whole number.
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TABLE 4.106.4.3.1
TOTAL NUMBER OF PARKING SPACES NUMBER OF REQUIRED EV SPACES NUMBER OF REQUIRED 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 total 50 percent of required EV spaces
4.106.4.3.2 Electric vehicle charging space (EV space) dimensions. 2.The
number of required EVCS (EV capable spaces shall be designed to complyprovided with
EVSE) in column 3 count toward the following:total number of
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 EVcapable 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 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 identifiedshown in accordance with Section 4.106.4.2.5column 2.
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.
18.21.150 California Green Building Standards Code Chapter 5 amended 050 Appendix A5
(Nonresidential electric vehicle charging.
A.Section 5.102Voluntary Measures) of the California Green Building Standards Code
is amended to read as follows:Amended.
-Oct. 18, 2022 Item #7 Page 128 of 191
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. [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 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.
A.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 requirements, directly related to the
implementation of Section 5.106.5.3, may adversely impact the construction cost of the
project.
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TABLE 5.106.5.3.3
TOTAL NUMBER OF ACTUAL PARKING SPACES NUMBER OF REQUIRED EV SPACES NUMBER OF REQUIRED 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 A5 adopted in part and amended
as mandatory requirements Energy efficiency. California Green Building Standards Code Appendix A5 Nonresidential Voluntary Measures, Division A5.2 Energy Efficiency, Sections A5.201, A5.202, Subsections A5.203.1.1 (Tier 1 Prerequisites) through A5.203.1.2.1 Tier 1, and Sections A5.211 through A5.213, are adopted and amended herein asare mandatory requirements for the construction of nonresidential, high rise residential buildings and structures, multi-family buildings and structures, 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.
AB. Section A5.203.1.1.2 of the California Green Building Standards Code is amended to read as follows:
A5.203.1.1.2 Service water heating in restaurants. Newly constructed restaurants shall comply with California Energy Code Section 140.5.
BNewly constructed restaurants shall comply with California Energy Code Section 140.5.
C.Section A5.211 of the California Green Building Standards Code is amended to read asfollows:
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 A5.211.1, expressed in kW. Factor in net-metering, if offered by local utility, on an annual basis.
- 57 -Oct. 18, 2022 Item #7 Page 130 of 191
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.
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Chapter 18.30
CALIFORNIA ENERGY CONSERVATION REGULATIONSCODE
Sections:
18.30.010 Adoption and scope.
18.30.020 Purpose and application.
18.30.030 Building official designated.
18.30.050 Permit fees.
18.30.130 California Energy Code Subchapter 3 amended Nonresidential photovoltaic system
required.
18.30.150 Section 120.11 (Solar or Recovered Energy Requirements for Water Heating
Systems) of the California Energy Code Subchapters 3 and Added.
18.30.030 Section 140.5 amended Nonresidential water heating requirements.
18.30.170 (Prescriptive Requirements for Service Water-Heating Systems) of the California
Energy Code Subchapters 7 and 8 amended Amended.
18.30.040 Section 141.2 (Nonresidential Photovoltaic System Required) of the California
Energy Code Added.
18.30.050 Section 150 (Single-Family Residential water heating
requirements.Buildings – Mandatory Features and Devices) of the
18.30.190 California Energy Code Section Subchapter 9 amended Energy efficiency in
existing residential buildings.Added.
18.30.060 Section 150.2 (Single-Family Residential Buildings – Additions and Alterations to
Existing Residential Buildings) of the California Energy Code Added.
18.30.070 Section 180.5 (Multifamily Residential Buildings – Additions, Alterations and Repair
to Existing Multifamily Buildings) of the California Energy Code Added.
18.30.010 Adoption and scope.
The 20192022 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 a portion
of the California Building Standards Code, is adopted in its entirety and incorporated into by this chapter, is
adopted by reference as the energy conservation regulationscode except for the City of Carlsbad.
18.30.020 Purposechanges, additions, deletions and application.
This chapter is intended to decrease dependence upon nonrenewable energy sources by
encouraging andamendments 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. The following appendices of the energy code are intended to supplement other regulations
and requirements imposed by this title.included
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. adoption: Appendix 1-A (Standards and Documents Referenced). The following appendices are
deleted: Appendix 1-B.
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18.30.130 California Energy Code Subchapter 3 amended Nonresidential photovoltaic system
required.
020 Section 120.10 is added to11 (Solar or Recovered Energy Requirements for Water
Heating Systems) of the California Energy Code Added.
Section 120.11 is added to read as follows:
120.11 Solar or recovered energy 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.
18 30 030 Section 140.5 (Prescriptive Requirements for Service Water-Heating Systems) of the
California Energy Code Amended.
Section 140.5 is amended to read as follows:
140.5 Prescriptive requirements for service water – heating systems
A.Nonresidential occupancies. SECTION 120.10
NONRESIDENTIAL PHOTOVOLTAIC SYSTEM REQUIRED
Service water-heating systems in nonresidential buildings and structures shall meet the requirements
of 1 or 2 below, or meet the performance compliance requirements of Section 140.1:
1.School buildings less than 25,000 square feet and less than 4 stories in Climate
Zones 2 through 15. A heat pump water-heating system that meets the applicable
requirements of Sections 110.1, 110.3, 120.3, 120.11 and 140.5(c).
2.All other occupancies. A service water-heating system that meets the applicable
requirements of Sections 110.1, 110.3, 120.3, 120.11 and 140.5(c). In addition, a
service water-heating system installed in a nonresidential building or structure shall
meet the requirements of parts A, B, or C below:
a.A heat pump water heater. The storage tank shall be located in a conditioned
space.
b An electric resistance water heater.
c.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.
new nonresidential, high rise residential, andB. Hotel/motel occupancies. A service water-heating
system installed in hotel/motel buildings and structures shall comply withmeet the
requirements of Section 120.10(a)170.2(d) and Section 140.5(c) and be located in the garage
or conditioned space.
C.High-capacity service water-heating systems. Gas service water-heating systems with a total
installed gas water heating input capacity of 1 MMBtu/h or greater shall have gas service
water-heating equipment with a minimum thermal efficiency of 90 percent. Multiple units can
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meet this requirement if the water-heating input provided by equipment with thermal
efficiencies above and below 90 percent averages out to an input capacity-weighted average
of at least 90 percent.
Exception 1 to Section 140.5(c): If 25 percent of the annual service water-heating
requirement is provided by site-solar energy or site-recovered energy.
Exception 2 to Section 140.5(c): Water heaters installed in individual dwelling units.
Exception 3 to Section 140.5(c): Individual gas water heaters with input capacity at or below
100,000 Btu/h shall not be included in the calculations of the total system input or total
system efficiency.
18 30 120.10(b). 040 Section 141.2 (Nonresidential Photovoltaic System Required) of the California
Energy Code Added.
A.Section 141.2 is added to read as follows:
141.2 Additions, alterations and repairs – nonresidential photovoltaic system required.
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
120.10(a)141.2.A or (b).141.2.B.
The required installation of a photovoltaic (PV) system shall be sized according to one of the following
methods:
(a)1. Based on gross floor area.
1a. 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 120.10(a)1: 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)
BSF = 126,800 s.f. / 10,000 s.f. => 12.7 (rounded)15 kWdc X 12.7 => 191 kWdc
(rounded)))
2b. 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)2. 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: Exceptions:
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a.The building official may waive or reduce, by the maximum extent necessary, the
provisions of this Section if the Officialbuilding 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: b. The building official may waive or reduce, by
the maximum extent necessary, the provisions of this Section if the Officialbuilding
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.050 Section 120.11 is added to 150 (Single-Family Residential Buildings – Mandatory
Features and Devices) of the California Energy Code as follows:Added.
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 140.150(n)5 of the California Energy Code is amendedadded to read as follows:
SECTION 140.150(n)5
PRESCRIPTIVE REQUIREMENTS FOR SERVICE WATER HEATING SYSTEMS
(a) Solar or recovered energy requirements for 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:systems.
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 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:
- 62 -Oct. 18, 2022 Item #7 Page 135 of 191
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)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 140.5(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
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
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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 III 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.
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.
EXCEPTIONException to Section 150.0(n)5: 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.
18.30.060 Section 150.1(c)82 (Single-Family Residential Buildings – Additions and Alterations to
Existing Residential Buildings) of the California Energy Code Added
Section 150.2(d) is amendedadded 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 150.1(c)14.
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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 RA42(d) Additions 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 150.1(c)8Bii: 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 or b
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 morealterations – 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.required.
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:
1A. Additions and alterations of single-family residential buildings built before 1978 shall include
one of the following:
A1. Duct sealing pursuant to 2019the 2022 California Code of Regulations, Title 24,
Section 150.2(b)1E without verification by a Home Energy Rating System (HERS)
rater. All exceptions as stated in 2019the 2022 California Code of Regulations, 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 the 2022
California Code of Regulations, Title 24, Part 6, including HERS rater verification.
B2. 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.
C3. 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
2019the 2022 California Code of Regulations, Title 24, Section 150.2(b)1Ii for steep
slope roofs and 150.2(b)1Iii 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
- 65 -Oct. 18, 2022 Item #7 Page 138 of 191
installing a new roof as part of the scope are exempt from this cool roof energy
efficiency measure.
2B. Additions and alterations of single-family residential buildings built in 1978 or after shall
include one of the following:
A1. 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.a.Replacement of all interior and exterior screw-in (A-base) incandescent and
halogen lamps with screw-in LED lamps; and
b.Installation of manual-on automatic-off vacancy sensors that meet the 2022
California Code of Regulations, 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 sensors as required by the 2022 California Code of
Regulations, Title 24, Section 110.9(b)4 sensors.
B2. A water heating package consisting of:
i.a.Addition of exterior insulation meeting a minimum of R-6 to storage water
heaters 20 gallons areor 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. b. 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
iiic. 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.
3C. 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.
4D. Additions and alterations of multi-family residential buildings built between 1978 and 1991
shall include one of the following:
A1. Duct sealing pursuant to 2019the 2022 California Code of Regulations, Title 24,
Section 150.2(b)1E without verification by a HERS rater. All exceptions as stated in
2019the 2022 California Code of Regulations, 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 the 2022 California Code of
Regulations, Title 24, Part 6, including HERS rater verification.
B.2. 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.
C3. 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
2019the 2022 California Code of Regulations, Title 24, Section 150.2(b)1Ii for steep
slope roofs and Section 150.2(b)1Iii for low slope roofs are allowed. Only areas of
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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.
5E. Additions and alterations of multi-family residential buildings built after 1991 shall include one
of the following:
A1. A lighting package consisting of:
a.Replacement of all interior and exterior screw-in (A-base) incandescent and
halogen lamps with screw-in LED lamps; and
i.Replacement of all interior and exterior screw in (A base) incandescent and halogen
lamps with screw in LED lamps; and
iib. Installation of manual-on automatic-off vacancy sensors that meet the 2022
California Code of Regulations, 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 sensors as required by the 2022 California Code of
Regulations, Title 24, Section 110.9(b)4 sensors.
B2. A water heating package consisting of:
ia. 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
b.Insulation of all accessible hot water pipes with pipe insulation a minimum of
0.75 inches in thickness. 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
iiic. 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 2022 California Code of Regulations,
Title 24, 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 2022 California Code of Regulations, Title 24, 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...
18.30.070 Section 180.5 (Multifamily Residential Buildings – Additions, Alterations and Repair to
Existing Multifamily Buildings) of the California Energy Code Added.
Section 180.5 is added to read as follows:
180.5 Additions, alterations and repairs – residential photovoltaic system required.
All additions, alterations and repairs multifamily residential buildings and structures with a permit
valuation of $1,000,000 that affects at least 75 percent of the gross floor area shall comply with the
- 67 -Oct. 18, 2022 Item #7 Page 140 of 191
requirements of 2022 California Code of Regulations, Title 24, Section 141.2 for the requirements
applicable to the building and structures of this code.
- 68 -Oct. 18, 2022 Item #7 Page 141 of 191
Exhibit 3
PROPOSED AMENDMENTS TO
CALIFORNIA BUILDING CODE
SECTION 1. Chapter 1 (Scope and Administration), Division 2 (Scope and Administration).
Section 101 General
101.4.4 Property maintenance.
The provisions of the California Existing Building Code shall apply to existing structures and premises;
equipment and facilities; light, ventilation, space heating, sanitation, life, and fire safety hazards;
responsibilities of owners, operators, and occupants; and occupancy of existing premises and structures.
Decks and balconies on multi-family residential or commercial buildings or structures shall comply with
Health and Safety Code Section 17973, as it may be amended from time to time.
Section 104 Duties and Powers of the Building Official
104.1 General.
The building official is hereby authorized and directed to enforce the provisions of this code. The
building official shall have the authority to render interpretations of this code and to adopt policies and
procedures as supplemental to this code in order to clarify the application of its provisions or to
implement or facilitate inspection functions, the issuance of permits and certificates. Such
interpretations, policies and procedures shall be in compliance with the intent and purpose of this code.
Such policies and procedures shall not have the effect of waiving requirements specifically provided for
in this code.
104.2 Applications and permits
The building official shall receive applications, review construction documents and issue permits for the
erection, and alteration, demolition and moving of buildings and structures, inspect the premises for
which such permits have been issued and enforce compliance with the provisions of this code.
104.2.2 Rebuild threshold and limits on repair and remodel. The building official shall determine the
applicability of certain permitting procedures and requirements for repair and remodeling projects on
a case-by-case basis. A project classified as "rebuild" pursuant to this section shall be treated as a new
building or structure. Modification of fixtures, finishes, and systems shall not be considered in
measuring project magnitude.
1.Generally applied rebuild threshold for construction projects. “New construction” is
defined as any work, addition to, remodel, repair, renovation, or alteration of any
Oct. 18, 2022 Item #7 Page 142 of 191
- 2 -
building(s) or structure(s) when 75% or more of the exterior weight bearing walls is
removed or demolished. A project shall also be defined as “new construction” when the
scope of work for groups R3 and U occupancies involves the alteration, rebuild, removal,
or combination thereof of any structural framing that meets or exceeds 75% or greater
of the linear footage of interior and exterior walls, including the removal of roof
structure in those wall areas.
2. Cumulative construction projects. The cumulative scope for permitted work within any
three-year period shall be added together when determining whether the scope of work
constitutes a rebuild. For the purposes of this section, the computation of time shall be
measured from the latest permit’s date of issuance. The calculation of the percentage of
floor area affected and final determination of required improvements shall be made by
the building official.
3. Special consideration for unforeseen defects and damages. If construction defects or
damages (e.g., pest or water damage) are discovered after construction has begun
that were not predictable or known by ordinary means such as pest damage reports
and other inspections and precautions, work must cease until the building official has
been notified. The building official shall have the discretion to evaluate the
circumstances of the discovery and may allow the rebuild threshold to be increased
provided procedures deemed appropriate by the building official are followed.
Section 105 Permits
105.1 Required.
Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish
or change the occupancy of a building or structure, or to erect, install, alter, repair, remove, convert or
replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this
code, or to cause any such work to be performed shall first make application to the building official and
obtain the required permit. The submission of a building permit application shall be construed as
attestation that the property owner and/or permit applicant are aware of the scope of the project and
will only perform or allow work within that scope unless a building permit revision is subsequently
authorized by the building official.
105.1.3 Personal or electronic submission. The property owner or permit applicant may submit the
permit application and associated documentation to the building division by personal or electronic
submittal together with any required permit processing and inspection fees. In the case of electronic
submittal, the electronic signature of the applicant on all forms, applications, and other documentation
may be used in lieu of a wet signature.
105.1.4. Partial permits. At the discretion of the building official, a partial permit may be issued to allow
construction to begin before the project plans are approved. To qualify for a partial permit, the permit
applicant must submit plans for the primary permit, and the plans must be accepted as complete for the
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jurisdiction’s review. Work authorized by the partial permit shall be limited to underground site work,
including underground plumbing, electrical, and mechanical work.
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 buildings or 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) and the building or structure is entirely above grade and is not
located on a maintenance easement, on a public utilities easement, or within a setback
area as required by any local ordinance or other applicable law. The building or
structure shall not exceed the height requirements set forth in any local ordinance or
other applicable law.
2. Fences not over 7six feet (1829 mm2134 mm) high.
3. Oil derricks.
4. 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.
5. 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.
6. 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.
7. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.
8. Temporary motion pictures, music, television and theater stage sets and scenery.
9. 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, provided that they
have fencing installed in accordance with pool fencings regulations outlined in the.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including
service systems.
11. Swings and other playground equipment accessory to buildings and structures in this
codedetached one- and two family dwellings.
12. 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.
13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9
inches (1753 mm) in height.
14. Skateboard ramps. The building or structure shall not exceed the height requirements
set forth in any local ordinances or other applicable law.
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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 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.
105.3 Application for permit.
To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished
by the department of building safety for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for which application is
made.
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2. Describe the land on which the proposed work is to be done by legal description,
street address or similar description that will readily identify and definitely locate the
proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in
Section 107.
5. State the valuation of the proposed work. The valuations or value shall include the
total value of work, including materials and labor for which the building permit is
requested. Contract price valuations may be subject to further review and
documentation.
6. Where applicable, state the area to be landscaped in square feet and the source of
water for irrigation;
76. Be signed by the property owner or applicant, or the applicant’s authorized agent, who
may be required to submit evidence to indicate signature authority. Whenever any
constructive work, including but not limited excavation or fill, requires entry onto
adjacent property for any reason, the permit applicant shall obtain the written consent
or written proof of legal easements or other property rights of the adjacent property
owner or their authorized representative. The consent shall be in a form acceptable to
the building official.
8. Diversion requirement and waste management plans. Except as otherwise provided in
this code, all property owners or permit applicants shall complete and submit a waste
management plan as part of the application packet for the building permit, certifying
that the diversion requirements will be satisfied for construction waste reduction,
disposal, and recycling.
97. Give such other data and information as required by the building official.
105.3.1 Action on application
The building official shall examine or cause to be examined applications for permits and amendments
thereto within a reasonable time after filing. If the application or the construction drawings do not
conform to the requirements of pertinent laws, the building official shall reject such application in
writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms
to the requirements of this code and laws and ordinances applicable thereto, the building official shall
issue a permit therefor as soon as practicable to the property owner or the permit 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 jurisdiction 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.
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105.3.2 Time limitation of application.
An application for a permit for any proposed work shall be deemed to have been abandoned 180365
days after the date of filing, unless such application has been pursued in good faith or a permit has been
issued; except that the building official is authorized to grant one or more extensions of time for
additional periods not exceeding 90180 days each. The extension shall be requested in writing and
justifiable cause demonstrated.
105.4 Validity of permit.
The permit when issued shall be for such construction as is described in the building permit application
and no deviation shall be made from the construction so described without the written approval of the
building official. The permit holder (property owner or permit applicant) is obligated to maintain the
accuracy of the building permit application and the approved building plan set, and shall promptly
report to the building official any construction defects or damages discovered after construction has
begun.
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any
violation of any of the provisions of this code or of any other ordinance, order or other requirement of
the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or
other ordinances, orders or other requirements of the jurisdiction shall not be valid. The issuance of a
permit based on construction documents and other data shall not prevent the building official from
requiring the correction of errors in the construction documents and other data. The building official is
authorized to prevent occupancy or use of a structure where in violation of this code or of any other
ordinances, orders or other requirements of this jurisdiction.
105.5.2 Limitations on extensions.
An extension of time may require conditions of approval and additional fees. A fee will not be charged
for the first extension of time, provided the permit is not expired.
Notwithstanding the above, all work authorized by a permit issued by the building official shall be
completed within three years of issuance. A permit shall be considered abandoned if the work
authorized by such building permit exceeds three calendar years to complete.
105.5.3 Defining commencement of work and substantial work.
For the purpose of this section, commencement of work shall be defined as the successful completion,
inspection, and approval of the entire foundation system for the permitted building or structure,
including the placement of concrete. If the permit is for a building or structure that does not include a
foundation, then the building official will determine that the work has commenced if the amount of
work completed shows a good faith effort to substantially perform the work authorized by the permit,
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which shall be construed to mean measurable work such as, but not limited to, the addition of footings,
structural members, flooring, wall coverings, plumbing systems, mechanical systems, and electrical
systems.
105.5.4 Expired permits.
It is unlawful for any person, firm, or corporation to maintain any building, structure, or equipment, or
portion thereof, regulated by this code if permits required by this code are expired without final
inspection approval and no application by the permittee has been made to obtain new permits to
complete the work authorized under the expired permit.
Where a building or structure remains unfinished after the permit has expired, the property owner or
permit applicant must, within 60 days after written notice by the building official, demolish and
remove the building or structure or obtain a new permit. Before such work can be recommenced, a
new building permit must be obtained.
The building permit fee collected by the building official to reinstate an expired permit 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 expiration
has not exceeded one year.
105.5.5 Sewer allocation system.
The provisions of any sewer allocation system adopted by local ordinance or other applicable law shall
supersede the reinstatement of an expired permit if the building permit was issued pursuant to such
system.
105.8 Unpermitted buildings and structures.
No person shall own, use, occupy or maintain any "unpermitted structure." For purposes of this code,
"unpermitted structure" shall be defined as any building or structure, or portion thereof, that was
reconstructed, rehabilitated, repaired, altered, added to, improved, or equipped, at any point in time,
without the required permit(s) having first been obtained from the building official, or any unfinished
work for which a permit has expired.
Section 107 Submittal documents
107.2.1 Information on construction documents.
Construction documents shall be dimensioned and drawn to scale upon suitable material. Electronic
media documents are permitted to be submitted where approved by the building official.
Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the
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work proposed and show in detail that it will conform to the provisions of this code and relevant laws,
ordinances, rules, and regulations, as determined by the building official. Computations, stress
diagrams and other data sufficient to show the correctness of the plans shall be submitted when
required by the building official. In lieu of detailed specifications, the building official may approve
references on the plans to a specific section or part of this code or other applicable laws or
ordinances.
107.2.6.2 Site drainage.
Where proposed construction will affect site drainage, existing and proposed drainage patterns must
be shown on the plot plan.
107.2.6.3 Foundation survey.
A survey of the lot is required by the building official to verify that the proposed building or structure is
located in accordance with the approved plans when a new foundation is proposed at five feet or closer
to an adjacent property line.
107.2.6.4 Waiver.
The building official may grant the omission of a site plan, design flood elevations, site drainage, and/or
foundation survey information when the proposed work is of such a nature that no information is
needed to determine compliance with all laws relating to the location of buildings or occupancies.
107.2.9 Prerequisite for pad certification.
Except as otherwise provided in this code, upon completion of the rough grading work and prior to
issuance of any building permit, the property owner or permit applicant must submit the required pad
certifications and any supporting documentation to the applicable governing authority. This information
shall also be maintained onsite and available to the building official at the foundation inspection,
pursuant to Section 110.3.1 of this code.
Section 109 Fees
109.1.1 Building permit fee.
A building permit fee, in an amount established by fee resolution of the city council, shall be paid for
administrative processing and building inspections prior to issuing a building permit.
109.1.2 Plan check fee.
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A building plan check fee, or deposit review fee, in an amount established by the fee resolution of the
city council, shall be paid when plans or documents are required to be submitted for review prior to
issuing a building permit. Depending on the complexity and quality of the documentation being
submitted, the final plan check fee to be paid may exceed the amount of the fee deposited to the
jurisdiction. The building official may require additional charges for review required by changes,
additions, or revisions of approved plans or reports, and for services beyond the first and second
check due to changes, omissions, or errors on the part of the property owner or permit applicant. The
payment of said fees shall not exempt any person from compliance with other provisions of this code.
109.3 Building permit valuations.
The applicant for a permit shall provide an estimated permit value at time of application. Permit
valuations shall include total value of the work, including materials and labor, for which the permits is
being issued, as well as all finish work such as painting, roofing, electrical, gas, mechanical, plumbing
equipment and permanent systems. If, in the opinion of the building official, the valuation is
underestimated on the application, the permit shall be denied, unless the applicant can show detailed
estimates to meet the approval of the building official. Final building permit valuation shall be set by the
building official. For purposes of determining a permit fee amount, valuation or value shall be based
upon either the actual contract price for the work to be permitted or shall be determined with the use
of the current “ICC Building Valuation Data” as published by the International Code Council, whichever
is higher.
109.4 Work commencing before permit issuanceOther fees.
The jurisdiction, by fee resolution, shall charge and collect other fees for services performed related
to building permits issued pursuant to this code, and for such other building, construction, and
development regulations as may be incorporated in this code. Fees associated with any action taken or
required pursuant to this section shall be assessed in accordance with the provisions of this section and
the fee resolution.
109.4.1 Work commencing before permit.
Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing
system before obtaining the necessary permits shall be subject to a fee established by the building
official that shall be in addition to the required permit fees equal to the amount of the permit fee that is
required by this code.
109.4.2 Investigation fees.
Whenever any work for which a permit is required by this code has been commenced without first
obtaining said permit, a special investigation fee may be required and be collected, whether or not a
permit is subsequently issued. The minimum investigation fee shall be equal to the amount established
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by fee resolution of the city council, whether a permit is required or not. The payment of such
investigation fee shall not exempt a person from compliance with other provisions of this code, nor from
a penalty prescribed by local ordinance or other applicable law.
109.4.3 Preliminary review fees.
Upon payment of a preliminary review fee, a property owner or permit applicant may have a building,
a structure, or other specialty code requirements reviewed by the building official prior to submittal
of a permit application. Such fee shall be based on the hourly rate for the purposes of cost recovery.
All charges must be paid at the conclusion of any such meeting and before any written findings are
issued.
109.4.4. Reinspection fees.
A reinspection fee may be assessed for each inspection or reinspection when such portion of work for
which inspection is called is not complete or when corrections called for are not made. Reinspection
fees may also be assessed when the inspection record card is not posted or otherwise available on the
work site, the approved plans are not readily available to the inspector, for failure to provide access
on the date for which the inspection is requested, or for deviating from the plans requiring approval
of the building official. In instances where reinspection fees have been assessed, additional inspection
of the work will not be performed until the required fees have been paid. The fee for each reinspection
shall be established by fee resolution of the city council.
109.4.5 Development impact fees.
This section applies to development fees imposed by the jurisdiction for the purpose of financing capital
improvements and public facilities, the need for which is attributable to such development. The
provisions of this section do not apply to taxes or special assessments levied by the jurisdiction.
1. The amount of the fees due to jurisdiction shall be based on the development fee
schedule in effect at the time of payment. The amount of the development impact fee
established by fee resolution of the city council, ordinance, or other applicable law shall
not exceed the estimated cost of providing the proposed development with the service
or facility for which the development impact fee is imposed.
2. No building permit shall be issued until all applicable development impact fees due for
the development project have been paid or secured through a recorded agreement with
the jurisdiction, unless payment at a later time is mandated by Government Code
Section 66007 or otherwise permitted by local ordinance or other applicable law of the
jurisdiction.
3. When applicable development impact fees are to be calculated during the building
permit process or prior to the issuance of a building permit, it shall mean the building
permit is approved by the building official and is ready to issue.
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4. No temporary or final certificate of occupancy or permanent connection to utilities may
be granted until all development fees have been paid in full.
Section 110 Inspections
110.1.1 Preconstruction meetings/inspections.
The building official may be contacted by a property owner or permit holder to arrange a pre-
construction meeting involving contractors, engineer of record, architects, and any other essential
project participants. The meeting may be used to clarify areas of responsibility, to establish lines of
communication to be used by all involved parties through the inspection process, and to answer
questions about complex construction details and project phasing. For cost recovery purposes, the
building official may charge their fully burdened hourly rate for time spent arranging, preparing, and
participating in such meetings.
110.3.1 Footing and foundation inspection.
Footing and foundation inspections shall be made after excavations footings are complete and any
required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior
to inspection. Materials for the foundation shall be on the job. Except where concrete is ready mixed in
accordance with ASTM C94, the concrete need not be on the job.
A California State licensed surveyor is required to certify the location and setbacks of new construction
prior to the first foundation inspection if the proposed building or structure is located five feet or closer
to an adjacent property line. A copy of the certification shall be available to the building official prior to
the first inspection. Prior to the approval of any foundation inspection the permit holder shall submit
the setback certification that certifies by field measurement that the location of the building meets or
exceeds the minimum setback distance as shown on the approved building plan set.
Pad and elevation certification information pursuant to Section 107.2.9 of this code shall be maintained
onsite and available to the building official at the foundation inspection. The building official may
require top of form elevation certification prior to placing concrete for slabs.
110.4 Inspection agencies.
The building official is authorized to accept reports of approved inspection agencies, licensed engineers,
licensed contractors, or other qualified individuals, provided that such agencies, licensed professionals,
or individuals satisfy the requirements as to qualifications and reliability.
110.7 Building service equipment and utility connections.
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Building service equipment regulated by the technical codes shall not be connected to the water, fuel or
power supply, or sewer system until authorized by the building official. At the building official’s
discretion, the building official is authorized to release the utilities for a project prior to completion and
prior to applicable city/county function approvals. When utilities are released prior to completion and
prior to approvals by all applicable city/county departments, the property owner and/or permit holder
shall agree, in writing, on a form provided by the building official, that the building or structure will not
be occupied until released by all applicable city/county functions.
Following a natural disaster or emergency, the building official may issue such permits deemed
necessary to restore a previous legal use or to allow temporary occupancy of a site, prior to the primary
use being re-established.
110.8 Prior to release of occupancy of a building or structure.
When the building or structure is ready for final inspection and occupancy pursuant to Section 111 of
this code, the property owner or permit holder shall notify the building official. The building official will
coordinate with other appropriate city/county functions described in Section 110.7 of this code, as
amended, so they may verify compliance with all laws and ordinances they are charged with enforcing.
Passing final inspection or the final approval of the building official on the building permit inspection
card does not constitute approval to occupy the structure.
Section 111 Certificate of Occupancy
111.1 Requirements forChange of occupancy.
This section of the code is applicable to the following building permit application types: 1) new non-
residential buildings or structures; 2) new residential dwellings; 3) other buildings and structures to be
initially occupied or used; and 4) tenant improvements or building or structure additions with a change
in use or change in occupancy to a different group or division of occupancy. In these instances, aA
building or structure shall not be used or occupied in whole or in part, and a change of occupancy of a
building or structure or portion thereof shall not be made, until the building official has issued a
certificate of occupancy therefore as provided herein.
Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the
provisions of this code or other applicable laws or ordinances of the jurisdiction. Certificates presuming
to give authority to violate or cancel the provisions of this code or other applicable laws or ordinances of
the jurisdiction shall not be valid.
Exceptions:
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1. Unless it is specifically required by other provisions of this code, no existing building or
portion thereof shall require a certificate of occupancy provided the division of
occupancy therein is the same for which the original building permit was issued.
2. Certificates of occupancy are not required for work exempt from permits in accordance
with Section 105.2.
3. Certificates of occupancy are not required for new non-habitable accessory buildings or
structures.
4. Shell buildings have no portion approved for occupancy and generally do not comply
with the specific requirements of any group or division of occupancy. Therefore, a
certificate of occupancy may not be issued for a shell building. In lieu of a certificate of
occupancy, a final inspection report is issued to signify completion of a building or
structure exclusive of interior build out by a tenant or a property owner.
111.2 Certificate of occupancy issued.
After the building official conducts a final inspection of the building or structure and does not find
violations of the provision of this code or other laws that are enforced by the department of building
safety, the building official shall issue a certificate of occupancy within one business day in accordance
with this section.
When a new certificate of occupancy is issued, it shall supersede every certificate previously issued for
that portion of the building or structure described thereon. If no new certificate is required, the existing
certificate on file will remain in effect. Duplicates of a previously issued certificate may be secured upon
the payment of the duplication fee as set forth in a fee resolution of the city council.
111.2.1 Requirements to obtain a certificate of occupancy.
The building official shall issue the certificate of occupancy when all of the following conditions have
been satisfied:
1. A request for the certificate of occupancy has been accepted by the jurisdiction.
2. The applicable structural work and all electrical, plumbing, and mechanical systems
serving the area to be occupied are completed and approved.
3. Fire protection systems are completed, fully operable, tested, and approved in the area
requested for occupancy.
4. Each structural best management practices (BMP) has been completed and is operating
in compliance with all of its specifications, plans, permits, ordinances, and the
requirements of the MS4 Permit.
5. All public utilities as required by Section 110.7 are fully operable, tested, and approved
to serve the area requested for occupancy.
6. Certificate fees specified by a fee resolution of the city council are collected.
7. The building or structure does not contain any violations of the provisions of this code.
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8. All required permits of entitlement are effective and any applicable conditions are
satisfied.
111.2.2 Minimum information to be provided on the certificate of occupancy.
The building official shall issue a certificate of occupancy that contains the following:
1. The building permit number.
2. The address of the building or structure.
3. The name and address of the owner or the owner’s authorized agent.
4. A description of that portion for the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for
compliance with the requirements of this code for the occupancy and division of
occupancy and the use for which the proposed occupancy is classified.
6. The name of the building official.
7. The edition of the code under which the permit was issued.
8. The use and occupancy in accordance with the provisions of Chapter 3. (The
occupancy load only needs to be shown for assembly occupancies.)
9. The type of construction as defined in Chapter 6.
10. The design occupant load.
11. If an automatic sprinkler system is provided, whether the sprinkler system is required.
12. Any special stipulations and conditions of the building permit.
111.2.3 Limitations.
A certificate of occupancy is a declaration that the building or structure substantially complies with the
plans and specifications that have been submitted to, and approved by, the jurisdiction. A certificate is
no guarantee of building quality or compliance with other local ordinances and applicable laws, other
than documenting compliance with this code at the time the certificate was issued.
111.3 Temporary occupancy.
The building official is authorized to issue a temporary certificate of occupancy before the completion of
the entire work covered by the permit, provided that such portion or portions shall be occupied safely.
If the building official finds that no substantial hazard will result from occupancy of any building or
portion thereof before all constructive work covered by the permit is completed, the building official
may issue a temporary certificate of occupancy for the use of a portion or portions of a building or
structure prior to the completion of the entire building or structure. This temporary occupancy is
intended to apply to the building or business owner(s) or tenants and not for members of the public.
The building official may authorize the temporary connection of the building or system service
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equipment to the utility source of energy for the purpose of testing building service equipment, or for
use under a temporary certificate of occupancy.
For cost recovery purposes, the building official will charge their fully burdened hourly rate for the time
spent on processing the request and issuing the temporary certificate. Upon receipt of such request
and payment of a cost recovery fee, the building official shall issue a temporary certificate that
contains the same information as listed in California Building Code Section 111.2.2, as amended.
111.3.1 Temporary certificate criteria.
Upon receipt of a request for a temporary certificate of occupancy and when the certificate fee has
been paid, the building official may issue a temporary certificate of occupancy. The following items will
be considered by the building official before a temporary certificate of occupancy is issued:
1. The scope of the remaining work and its impact on the use of space.
2. How the space will be maintained safe and accessible while the remaining work is
completed.
3. The timeframe needed to complete the remaining work.
4. Whether approvals from other city departments and divisions are required prior to the
issuance of a temporary certificate of occupancy including: a) Planning; b)
Engineering/Public Works; c) Fire Prevention; and d) Water and Sewer.
111.3.2 Time period.
The building official shall set a time period during which the temporary certificate of occupancy is valid.
A temporary certificate of occupancy shall be valid for a period not to exceed 180 days. Additional
temporary certificates of occupancy may be issued, if the application is approved by the building official.
Upon expiration of a temporary certificate of occupancy, the building or structure shall require a
certificate of occupancy in accordance with other provisions in this code. A violation of a condition of
temporary occupancy shall constitute cause to revoke or suspend the temporary certificate of
occupancy.
Section 112 Service Utilities
112.4 Authority to condemn building service equipment.
When any building service equipment is maintained in violation of the technical codes and in violation of
a notice issued pursuant to the provisions of this section, the building official shall institute appropriate
action to prevent, restrain, correct, or abate the violation. When the building official ascertains that
building service equipment regulated in the technical codes has become hazardous to life, health, or
property, or has become unsanitary, the building official shall order in writing that such equipment
either be removed or restored to a safe or sanitary condition, as appropriate. The written notice shall fix
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a time limit for compliance with such order. Defective building service equipment shall not be
maintained after receiving such notice.
112.4.1 Connection after order to disconnect.
Persons shall not make connections from an energy, fuel, or power supply nor supply energy or fuel to
building service equipment which has been disconnected or ordered to be disconnected by the building
official, or the use of which has been ordered to be discontinued by the building official, until the
building official authorizes the reconnection and use of such equipment.
Section 113 Board of Appeals
113.1 General.
In order to hear and decide appeals of orders, decisions or determinations made by the building official
relative to the application and interpretation of this code, its amendments and building requirements of
the jurisdiction, there shall be and is hereby created a board of appeals. The board of appeals shall be
appointed by the applicable governing authority and shall hold office at its pleasure. The board shall
adopt rules of procedure for conducting its business.
113.3 Qualifications and membership.
The board of appeals shall consist of members who are qualified by experience and training to pass on
matters and reach decisions on matters pertaining to building construction and are not employees of
the jurisdiction and applicable building codes, local ordinances, and other applicable law. The board
shall include five regular members, consisting of the building official from the cities of Oceanside,
Encinitas, Vista, San Marcos, and Escondido. Voting members of the board shall not be employees or
residents of the jurisdiction whose building official made the determination or took the action that is
being appealed. The term shall be considered indefinite provided that the person is authorized and
directed by one of the aforementioned jurisdictions to carry out the functions of that jurisdiction’s
building division. Three members shall constitute a quorum for the transaction of business, and three
affirmative votes shall be necessary to render a decision. The members of the board shall serve without
compensation and will not be reimbursed for their service.
113.3.1 Standing committee.
The board of appeals shall have no regular meetings, and all meetings shall be special meetings noticed
pursuant to Government Code Section 54956. The board shall be considered a "standing committee"
with a continuing subject matter jurisdiction. The board shall meet when an appeal is filed pursuant to
this section; or as called upon by the building official to provide advisory comments regarding issues
related to this code, such as the potential adoption of new codes or alternative methods and materials.
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113.3.2 Hearing examiner or chairperson.
The board of appeals may temporarily select one member to serve as a hearing examiner or chairperson
to conduct a hearing and to report the board’s findings. The examiner hearing the case shall exercise all
powers relating to the conduct of hearings until a decision is made on the appeal and the business of the
meeting has concluded.
113.4 Secretary.
The building official shall be an ex officio member and shall act as the secretary to the board of appeals
and shall keep the minutes thereof but shall have no vote upon any matter before the board. All
meetings of the board, including without limitation, shall be conducted pursuant to the terms of this
section and called, noticed, held, and conducted in accordance with the provisions of the Ralph M.
Brown Act (Government Code Sections 54950 et seq.).
113.5 Appeal to the board of appeals.
Within 10 calendar days from the date the building official’s decision was issued, any interested
person or entity dissatisfied with the decision may file with the city clerk a written appeal to the board
of appeals specifying the reasons for the appeal, together with an appeal fee established by resolution
of the city council. Any appellant who is financially unable to pay the required appeal fee may file a
written request for an appeal fee hardship waiver. The written request must be filed prior to or
contemporaneous with the filing of the appeal. The appellant requesting the appeal fee hardship waiver
shall indicate on the written appeal that an appeal fee hardship waiver request has been filed. The
hardship waiver shall be considered by the city pursuant to the standards in Carlsbad Municipal Code
section 1.10.120. Failure of any person or entity to file a timely appeal in accordance with this section
shall constitute a waiver of the right to an appeal hearing and the building official’s decision or action
shall become final.
113.6 Hearing and conduct.
As soon as practicable after receiving the written appeal and appeal fee, the board shall fix a date, time,
and place for the hearing of the appeal by the board. The board shall hold a public hearing on the
matter within 60 days of the filing of the notice to appeal, or as soon thereafter as a quorum can be
assembled. Written notice of the time and place of the hearing shall be given at least 10 days prior to
the date of the hearing to each appellant and any interested parties of record discovered through
reasonable diligence, through either personal service or first-class mail, each appellant at the address
shown on the appeal, and to the interested parties of record at the parties’ last known address. Notice
by mail shall be deemed effective on the date of deposit.
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Hearings before the board shall be open to the public. The appellant, the building official and any person
whose interests are affected shall be given an opportunity to be heard. Only those matters or issues
specifically raised by the appellant shall be considered in the hearing of the appeal.
The board of appeals may continue the hearing for good cause.
113.7 Decision
The board of appeals shall hear the matter and approve, disapprove, or modify the decision of the
building official. The board of appeals shall make written findings and render a written decision on
each appeal which it hears; and shall cause a copy of same to be furnished to the appellant, to the
building official, and to any person requesting it. The board’s written determination shall be final.
There is no further administrative appeal.
113.8 Effect of building official’s decision during appeal period.
Except for orders issued by the building official because of conditions that represent an immediate
threat to life or safety of the public or adjacent properties, enforcement of any notice and order of the
building official shall be stayed during the pendency of an appeal therefrom which is properly and timely
filed.
Section 114 Violations
114.5 Non-issuance.
Except as otherwise provided in this code, no permit required by this title shall be issued to a permit
applicant, and no final inspection shall be made for a property owner or permit holder, in connection
with any premises or portion thereof upon which there exists a violation of any local ordinance or
other applicable law. The building official may withhold building permits or other approvals for any
reconstruction, rehabilitation, repair, alteration, addition, or other improvement pertaining to any
existing or new building or structures on a property, or any permits pertaining to the use and
development of the real property or the structure, which are subject to an administrative or other
enforcement action if a request to appeal the action has not been timely filed; or after an appeal has
been filed and a hearing officer affirms the enforcement officer’s enforcement action; or if a notice of
pending administrative enforcement action or other notice has been recorded against the property
pursuant to the procedures set forth in the Carlsbad Municipal Code or other applicable law. The
jurisdiction may withhold permits until the violation has been corrected, or if applicable, until a
certificate of compliance or notice of release has been recorded against the property.
114.5.1 Issuance for corrective action.
At the discretion of the building official, building permits or certificates of occupancy may be issued to
property owners or permit applicants in connection with any premises or portion thereof on which
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there exists a violation of a local ordinance or other applicable law when such permits are required to
abate or remedy a violation of a local ordinance or other applicable law and the permits are
immediately necessary to protect public health, safety, or welfare.
114.6 Certificate of noncompliance.
If the building official determines there is a violation of this code, and the violation has been noticed or
cited but not appealed, the building official may file, in the office of the county recorder, a certificate of
noncompliance against the property where the building or structure is located. The noticing, issuance,
appeal procedures, and recording of the certificate of noncompliance shall comply with the
requirements of Carlsbad Municipal Code section 1.10.050 for a notice of pending administrative
enforcement action.
If a certificate of noncompliance is filed, and where the required permit, inspection, and/or approval
required is obtained, the building official shall file a certificate of compliance with the county recorder
certifying compliance of the property. 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 for the property
may be denied.
Section 115 Stop Work Order
115.3 Unlawful continuance.
Any person who shall continue any work after 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, or that removes a
posted stop work order without written consent of the building official, shall be subject to the penalties
prescribed by Carlsbad Municipal Code Chapter 1.08 and Section 1.10.020 pertaining to stop work
orders. fines established by the authority having jurisdiction.
Section 116 Unsafe Structures and Equipment
116.1.1 Appendages and structural members.
Parapet walls, cornices, spires, towers, and other appendages or structural members which are
supported by, attached to, or part of a building or structure and which are in a deteriorated condition or
otherwise unable to sustain the design loads which are specified in this code are hereby designated as
unsafe building appendages.
Chapter 12 (Interior Environment)
Section 1206 Sound transmission
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1206.4.1 When within the noise impact boundary of an airport or freeway.
Any new residence or addition of one or more habitable rooms to an existing residence located within
the noise impact boundary of an airport or freeway must be designed to ensure that internal noise
levels due to airport or freeway operations do not exceed 45 dB. This standard may be satisfied by
performing the acoustical analysis described in section 1206.4.2 or by employing the prescribed
construction methods described in section 1206.4.3.
For purposes of this section 1206, a noise impact boundary of an airport or freeway shall be all areas
adjacent to an airport or freeway with a 65 dB or higher noise exposure. Noise exposure areas, contour
lines or zones shall be identified on an existing noise contour map adopted by the jurisdiction, such as
the existing noise contour map included as a figure or map in the Noise Element portion of the
jurisdiction’s General Plan.
For purposes of this section 1206, “freeway” shall mean expressways with controlled access and shall
include Interstate-5 (I-5) and State Route 78 (SR-78).
1206.4.2 Acoustical analysis.
A building permit application for a new residence or addition of one or more habitable rooms to an
existing residence located within the noise impact boundary of an airport or freeway must comply with
the minimum noise insulation performance standards established in this section if it includes an
acoustical analysis demonstrating that the proposed design will ensure that internal noise levels due to
aircraft or freeway noise will not exceed 45 dB CNEL. The acoustical analysis shall be proven to meet the
standard by providing post-construction/pre-occupancy acoustic measurement to verify compliance
with the 45 dB standard. The building official has the discretion to implement policies that meet the
intent of this code section.
1. The acoustical analysis must be prepared by a person experienced in the field of
acoustical engineering. The analysis must consider and include: the topographical
relationship between aircraft and freeway noise sources and the dwelling site, the
characteristics of those noise sources, predicted noise spectra and levels at the exterior
of the dwelling site, the basis for this prediction (measured or obtained from published
data), the noise insulation measures to be employed, and the effectiveness of the
proposed noise insulation measures.
2. If the interior allowable noise levels are to be met by requiring that windows be
unopenable or closed, the design for the structure must also specify a ventilation or air-
conditioning system to provide a habitable interior environment, having at least two air
exchanges per hour for the affected rooms. The ventilation system must not
compromise the interior room noise reduction.
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1206.4.3 Prescribed construction methods.
A building permit application for a new residence or addition of one or more habitable rooms to an
existing residence located within the noise impact boundary of an airport or freeway must comply with
the minimum noise insulation performance standards established in this section if the design
incorporates the following construction methods:
1. Construction methods in the 70 dB and greater noise zone.
A. Exterior walls. Buildings and structures in LDN contours 70 dB and
greater shall conform to the requirements for LDN contour 65 dB to 70
dB.
B. Exterior Windows. 1) Openable windows: all openable windows in the
exterior walls of habitable rooms must have a laboratory sound
transmission class rating of at least STC 40 dB and must have an air
infiltration rate of no more than 0.5 cubic feet per minute when tested
according to ASTM E-283. 2) Fixed Windows: all fixed windows in the
exterior walls of habitable rooms must: i) have a sound transmission
class rating of at least STC 40 dB, ii) or must be 5/8-inch laminated glass
with STC rating of 40 dB and must be set in non-hardening glazing
materials, or iii) must be glass block at least 3 1/2 inches thick. 3) The
total areas of glazing in rooms used for sleeping must not exceed 20% of
the wall area.
C. Exterior Doors. 1) Exterior hinged doors to habitable rooms that are
directly exposed to aircraft or freeway noise and are facing the source
of the noise must be a door and edge seal assembly that has a
laboratory sound transmission class of at least STC 40 dB. 2) Exterior
hinged doors to habitable rooms that are not directly exposed to
aircraft or freeway noise and do not face the source of the noise must
have a minimum STC rating of 35 dB. 3) Sliding glass doors in habitable
rooms must not be allowed in walls that are directly exposed to aircraft
or freeway noise. Sliding glass doors in walls that are not directly
exposed must have an STC rating of at least 40 dB. 4) Access doors from
an attached garage to the interior of a residence must have an STC
rating of at least 30 dB.
D. Roof/Ceiling Construction. Buildings and structures in LDN contours 70
dB and greater shall conform to the requirements for LDN contour 65
dB to 70 dB.
E. Ventilation. Buildings and structures in LDN contours 70 dB and greater
shall conform to the requirements for LDN contour 65 dB to 70 dB.
2. Construction Methods in the 65 dB to 70 dB noise zone (or greater)
A. Exterior Walls. New walls that form the exterior portion of habitable
rooms must be constructed as follows: 1) Studs must be at least 4
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inches in nominal depth. 2) Exterior finish must be stucco, minimum
7/8-inch thickness, brick veneer, masonry, or any siding material
allowed by this code. Wood or metal siding must be installed over 1/2-
inch solid sheathing. 3) Masonry walls with a surface weight of less than
40 pounds per square foot will require an interior studwall that is
finished with at least 5/8-inch thick gypsum wallboard or plaster. 4) Wall
insulation must be at least R-11 glass fiber or mineral wool and must be
installed continuously throughout the stud space. 5) Exterior solid
sheathing must be covered with overlapping asphalt felt. 6) Interior wall
finish must be at least 5/8-inch thick gypsum wallboard or plaster.
B. Exterior Windows. 1) Openable Windows: All openable windows in the
exterior walls of habitable rooms must have a laboratory sound
transmission class rating of at least STC 35 dB and must have an air
infiltration rate of no more than 0.5 cubic feet per minute when tested
according to ASTM E-283. 2) Fixed Windows: All fixed windows in the
exterior walls of habitable rooms must be at least 1/4-inch thick and
must be set in non-hardening glazing materials. 3) The total area of
glazing in rooms used for sleeping must not exceed 20% of the floor
area.
C. Exterior Doors. 1) Exterior hinged doors to habitable rooms that are
directly exposed to aircraft or freeway noise and are facing the source
of the noise must be a door and edge seal assembly that has a
laboratory sound transmission class of at least STC 35 dB. 2) Exterior
hinged doors to habitable rooms that are not directly exposed to
aircraft or freeway noise and do not face the source of the noise must
have a minimum STC rating of 30 dB. 3) Sliding glass doors in habitable
rooms must have glass that is 1/4-inch thick. 4) Access doors from a
garage to a habitable room must have an STC rating of at least 30 dB.
D. Roof/Ceiling Construction. 1) Roof rafters must have a minimum slope
of 4:12 and must be covered on their top surface with minimum 1/2-
inch solid sheathing and any roof covering allowed by this code. 2) Attic
insulation must be batt or blow-in glass fiber or mineral wool with a
minimum R-30 rating applied between the ceiling joists. 3) Attic
ventilation must be: i) gable vents or vents that penetrate the roof
surface that are fitted with transfer ducts at least 6 feet in length that
are insulating flexible ducting or metal ducts containing internal 1-inch
thick coated fiberglass sound absorbing duct liner. Each duct must have
a lined 90-degree bend in the duct so that there is no direct line of sight
from the exterior through the duct into the attic; or ii) noise control
louver vents; or iii) eave vents that are located under the eave
overhang. 4) Ceilings must be finished with gypsum board or plaster
that is at least 5/8-inch thick. 5) Skylights must penetrate the ceiling by
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means of a completely enclosed light well that extends from the roof
opening to the ceiling opening. A secondary openable glazing panel
must be mounted at the ceiling line and must be glazed with at least
3/16-inch plastic, tempered or laminated glass. The weather-side
skylight must be any type that is permitted by the building code.
E. Ventilation. 1) A ventilation system must be provided that will provide
at least the minimum air circulation and fresh air supply requirements
of this code in each habitable room without opening any window, door
or other opening to the exterior. All concealed ductwork must be
insulated flexible glass fiber ducting that is at least 10 feet long between
any two points of connection. 2) Kitchen cooktop vent hoods must be
the non-ducted recirculating type with no ducted connection to the
exterior.
1206.4.4 Complaints
Where a complaint as to noncompliance with this section requires a field test, the complainant shall
post a bond or adequate funds in escrow for the cost of the field test in an amount as required per fee
resolution of the city council. Such costs shall be chargeable to the complainant if the field tests show
compliance with this division. If the tests show noncompliance, testing costs shall be borne by
the property owner or builder.
Chapter 15 (Roof Assemblies and Rooftop Structures)
Section 1501 General
Section 1501.1 Scope.
The provisions of this chapter shall govern the design, materials, construction and quality of roof
assemblies, and rooftop structures.
1. Roofing assemblies, roof coverings, and roof structures shall be as specified in this
code and as otherwise required by local ordinance or applicable law.
2. Roofing assemblies and roof coverings other than wood shakes and shingles shall be
Class A fire rated.
3. Wood shakes and shingles of any classification are prohibited as a roof covering on
all structures and on all replacement roofs.
4. Roof coverings shall be secured or fastened to the supporting roof construction
and shall provide weather protection for the building at the roof.
5. Skylights shall be constructed as required in Chapter 24 of this code. Use of plastics
in roofs shall comply with Chapter 26 of this code. Solar photo-voltaic energy
collectors located above or upon a roof shall be class A fire rated.
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Section 1505.9 Rooftop mounted photovoltaic (PV) panel systems.
Rooftop mounted photovoltaic (PV) panel systems shall be tested, listed and identified with a fire
classification of A, in accordance with UL 2703. Listed systems shall be installed in accordance with
the manufacturers installation instructions and their listing. The fire classification shall comply with
Table 1505.1 based of the type of construction of the building.
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PROPOSED AMENDMENTS TO
CALIFORNIA RESIDENTIAL CODE
SECTION 1. Chapter 1 (Scope and Application), Division 1 (Scope and Application).
Section R104 Duties and Powers of the Building Official
R104.1 General.
The building official is hereby authorized and directed to enforce the provisions of this code. The
building official shall have the authority to render interpretations of this code and to adopt policies and
procedures as supplemental to this code in order to clarify the application of its provisions or to
implement or facilitate inspection functions, the issuance of permits and certificates, and other
administrative and enforcement duties imposed by the code. Such interpretations, policies and
procedures shall be in compliance with the intent and purpose of this code. Such policies and
procedures shall not have the effect of waiving requirements specifically provided for in this code.
Section R105 Permits
R105.1 Required.
Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish
or change the occupancy of a building or structure, or to erect, install, alter, repair, remove, convert or
replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this
code, or to cause any such work to be performed shall first make application to the building official and
obtain the required permit. The submission of a building permit application shall be construed as
attestation that the property owner and/or permit applicant are aware of the scope of the project and
will only perform or allow work within that scope unless a building permit revision is subsequently
authorized by the building official.
R105.1.1 Personal or electronic submission
The property owner or permit applicant may submit the permit application and associated
documentation to the building division by personal or electronic submittal together with any required
permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the
applicant on all forms, applications, and other documentation may be used in lieu of a wet signature.
R105.1.2. Partial permits.
At the discretion of the building official, a partial permit may be issued to allow construction to begin
before the project plans are approved. To qualify for a partial permit, the permit applicant must submit
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plans for the primary permit, and the plans must be accepted as complete for the jurisdiction’s review.
Work authorized by the partial permit shall be limited to underground site work, including underground
plumbing, electrical, and mechanical work.
R105.2 Work exempt from permit.
Exemption 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. Other than storm shelters, one-story detached accessory buildings or structures,
provided that the floor area does not exceed 120 square feet (11.15 m2square meters)
and the building or structure is entirely above grade and is not located on a
maintenance easement, on a public utilities easement, or within a setback area as
required by any local ordinance or other applicable law. The building or structure shall
not exceed the height requirements set forth in any local ordinance or other applicable
law. It is permissible that these buildings or structures still be regulated by Section 710A
despite exemption from permit.
2. Fences not over 7six feet (1829 mm2134 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. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. Swings and other playground equipment accessory to detached one- and two family
dwellings.
9. Window awnings, 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.
10. Decks no exceeding 200 square feet (18.58 m2square meters) in area, that are not more
than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and
do not serve the exit door required by Section R311.4.
11. Skateboard ramps. The building or structure shall not exceed the height requirements
set forth in any local ordinances or other applicable law.
Electrical:
1. Listed cord-and-plug connected temporary decorative lighting.
2. Reinstallation of attachment plug receptacles but not the outlets therefor.
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3. Replacement of branch circuit overcurrent devices of the required capacity in the same
location.
4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25
volts and not capable of supplying more than 50 watts of energy.
5. Minor repair work, including the replacement of lamps or the connection of approved
portable electrical equipment to approved permanently installed receptacles.
Gas:
1. Portable heating, cooking or clothes drying appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such
equipment unsafe.
3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by
this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative coolers.
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.
8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
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.
R105.3 Application for permit.
To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished
by the department of building safety for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for which application is
made.
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2. Describe the land on which the proposed work is to be done by legal description,
street address or similar description that will readily identify and definitely locate the
proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in
Section R106.1.
5. State the valuation of the proposed work. The valuations or value shall include the
total value of work, including materials and labor for which the building permit is
requested. Contract price valuations may be subject to further review and
documentation.
6. Where applicable, state the area to be landscaped in square feet and the source of
water for irrigation.
76. Be signed by the property owner or applicant, or the applicant’s authorized agent, who
may be required to submit evidence to indicate signature authority. Whenever any
constructive work, including but not limited excavation or fill, requires entry onto
adjacent property for any reason, the permit applicant shall obtain the written consent
or written proof of legal easements or other property rights of the adjacent property
owner or their authorized representative. The consent shall be in a form acceptable to
the building official.
8. Diversion requirement and waste management plans. Except as otherwise provided in
this code, all property owners or permit applicants shall complete and submit a waste
management plan as part of the application packet for the building permit, certifying
that the diversion requirements will be satisfied for construction waste reduction,
disposal, and recycling.
97. Give such other data and information as required by the building official.
R105.3.1 Action on application
The building official shall examine or cause to be examined applications for permits and amendments
thereto within a reasonable time after filing. If the application or the construction drawings do not
conform to the requirements of pertinent laws, the building official shall reject such application in
writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms
to the requirements of this code and laws and ordinances applicable thereto, the building official shall
issue a permit therefor as soon as practicable to the property owner or the permit 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 jurisdiction 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.
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R105.3.1.2 Rebuild threshold and limits on repair and remodel.
The building official shall determine the applicability of certain permitting procedures and
requirements for repair and remodeling projects on a case-by-case basis. A project classified as
"rebuild" pursuant to this section shall be treated as a new building or structure. Modification of
fixtures, finishes, and systems shall not be considered in measuring project magnitude.
“New construction” is defined as any work, addition to, remodel, repair, renovation, or alteration of any
building(s) or structure(s) when 75% or more of the exterior weight bearing walls is removed or
demolished.
The cumulative scope for permitted work within any three-year period shall be added together when
determining whether the scope of work constitutes a rebuild. For the purposes of this section, the
computation of time shall be measured from the latest permit’s date of issuance. The calculation of the
percentage of floor area affected and final determination of required improvements shall be made by
the building official.
Special consideration for unforeseen defects and damages. If construction defects or damages (e.g.,
pest or water damage) are discovered after construction has begun that were not predictable or
known by ordinary means such as pest damage reports and other inspections and precautions, work
must cease until the building official has been notified. The building official shall have the discretion
to evaluate the circumstances of the discovery and may allow the rebuild threshold to be increased
provided procedures deemed appropriate by the building official are followed.
R105.3.2 Time limitation of application.
An application for a permit for any proposed work shall be deemed to have been abandoned 180365
days after the date of filing, unless such application has been pursued in good faith or a permit has been
issued; except that the building official is authorized to grant one or more extensions of time for
additional periods not exceeding 90180 days each. The extension shall be requested in writing and
justifiable cause demonstrated.
R105.4 Validity of permit.
The permit when issued shall be for such construction as is described in the building permit application
and no deviation shall be made from the construction so described without the written approval of the
building official. The permit holder (property owner or permit applicant) is obligated to maintain the
accuracy of the building permit application and the approved building plan set, and shall promptly
report to the building official any construction defects or damages discovered after construction has
begun.
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The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any
violation of any of the provisions of this code or of any other ordinance, order or other requirement of
the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or
other ordinances, orders or other requirements of the jurisdiction shall not be valid. The issuance of a
permit based on construction documents and other data shall not prevent the building official from
requiring the correction of errors in the construction documents and other data. The building official is
authorized to prevent occupancy or use of a structure where in violation of this code or of any other
ordinances, orders or other requirements of this jurisdiction.
R105.5.2 Defining commencement of work and substantial work.
For the purpose of this section, commencement of work shall be defined as the successful completion,
inspection, and approval of the entire foundation system for the permitted building or structure,
including the placement of concrete. If the permit is for a building or structure that does not include a
foundation, then the building official will determine that the work has commenced if the amount of
work completed shows a good faith effort to substantially perform the work authorized by the permit,
which shall be construed to mean measurable work such as, but not limited to, the addition of footings,
structural members, flooring, wall coverings, plumbing systems, mechanical systems, and electrical
systems.
R105.5.3 Expired permits.
It is unlawful for any person, firm, or corporation to maintain any building, structure, or equipment, or
portion thereof, regulated by this code if permits required by this code are expired without final
inspection approval and no application by the permittee has been made to obtain new permits to
complete the work authorized under the expired permit.
Where a building or structure remains unfinished after the permit has expired, the property owner or
permit applicant must, within 60 days after written notice by the building official, demolish and
remove the building or structure or obtain a new permit. Before such work can be recommenced, a
new building permit must be obtained.
The building permit fee collected by the building official to reinstate an expired permit 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 expiration
has not exceeded one year.
R105.5.4 Sewer allocation system.
The provisions of any sewer allocation system adopted by local ordinance or other applicable law shall
supersede the reinstatement of an expired permit if the building permit was issued pursuant to such
system.
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R105.6.1 Unfinished building and structures.
Where a building or structure remains unfinished after the permit therefore has been suspended or
revoked, the property owner shall, within 60 days after written notice by the building official,
demolish and remove the same or obtain a new permit. Before such work can be recommenced, a
new building permit shall be obtained.
R105.10 Unpermitted buildings and structures.
No person shall own, use, occupy or maintain any "unpermitted structure." For the purposes of this
code, "unpermitted structure" shall be defined as any building or structure, or portion thereof, that
was reconstructed, rehabilitated, repaired, altered, added to, improved, or equipped, at any point in
time without the required permit(s) having first been obtained from the building official, or any
unfinished work for which a permit has expired.
Section R106 Construction documents
R106.2.1 Site drainage.
Where proposed construction will affect site drainage, existing and proposed drainage patterns shall
be shown on the plot plan.
R106.2.2 Foundation survey.
A survey of the lot is required by the building official to verify the proposed building or structure is
located in accordance with the approved plans when a new foundation is proposed at five feet or closer
to an adjacent property line.
R106.2.3 Waiver.
The building official may grant the omission of a site plan, design flood elevations, site drainage, and/or
foundation survey information when the proposed work is of such a nature that no information is
needed to determine compliance with all laws relating to the location of buildings or occupancies.
R106.6 Prerequisite for pad certification.
Except as otherwise provided in this code, upon completion of the rough grading work and prior to
issuance of any building permit, the property owner or permit applicant must submit the required pad
certifications/documents to the applicable governing authority. This information shall also be
maintained onsite and available to the building official at the foundation inspection, pursuant to Section
R109.1.1 of this code.
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Section R109 Inspections
R109.1 Types of inspections. For on-site construction, from time to time the building official, upon
notification from the permit holder or his agent, shall make or cause to be made any necessary
inspections and shall either approve that portion of the construction as completed or shall notify the
permit holder or his or her agent wherein the same fails to comply with the code. The enforcing agency
upon notification pf the permit holder or their agent shall within a reasonable time make the inspections
set forth in Section R109.1.1, R109.1.1.1, R109.1.3, R109.1.4, R109.1.4.1, R109.1.4.2, R109.1.5,
R109.1.5.1, R109.1.5.2, R109.1.5.3, R109.1.6, R109.1.6.1 and R109.1.6.2.
The building official may be contacted by a property owner or permit holder to arrange a pre-
construction meeting involving contractors, engineer of record, architects, and any other essential
project participants. The meeting may be used to clarify areas of responsibility, to establish lines of
communication to be used by all involved parties through the inspection process, and to answer
questions about complex construction details and project phasing. For cost recovery purposes, the
building official may charge their fully burdened hourly rate for time spent arranging, preparing, and
participating in such meetings.
Note: Reinforcing steel or structural framework of any part of any building or structure shall not be
covered or concealed without first obtaining the approval of the enforcing agency.
R109.1.1 Foundation inspection.
Inspection of the foundation and footings shall be made after poles or piers are set or trenches or
basement areas are excavated and any required forms erected and any required reinforcing steel is in
place and supported prior to the placing of concrete. The foundation or footings shall include
excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports
or equipment and special requirements for wood foundations. Materials for the foundation shall be on
the job except where concrete is ready mixed in accordance with ASTM C94. Under this circumstance,
concrete is not required to be at the job site.
A California State licensed surveyor is required to certify the location and setbacks of new construction
prior to the first foundation inspection if the proposed building or structure is located five feet or closer
to an adjacent property line. A copy of the certification shall be available to the building official prior to
the first inspection. Prior to the approval of any foundation inspection the permit holder shall submit
the setback certification that certifies by field measurement that the location of the building meets or
exceeds the minimum setback distance as shown on the approved building plan set.
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Pad and elevation certification information pursuant to Section 107.2.9 of this code shall be maintained
onsite and available to the building official at the foundation inspection. The building official may
require top of form elevation certification prior to placing concrete for slabs.
The building official may grant exemptions to these requirements for accessory buildings or structures,
on a case-by-case basis, when sufficient physical evidence (such as survey monuments) exists from
which it can be demonstrated that the accessory building or structure is located in relation to property
lines as shown on the approved plans.
R109.1.2.1 Building service equipment and utility connections.
Building service equipment regulated by the technical codes shall not be connected to the water, fuel or
power supply, or sewer system until authorized by the building official. At the building official’s
discretion, the building official is authorized to release the utilities for a project prior to completion and
prior to applicable city/county function approvals. When utilities are released prior to completion and
prior to approvals by all applicable city/county departments, the property owner and/or permit holder
shall agree, in writing, on a form provided by the building official, that the building or structure will not
be occupied until released by all applicable city/county functions.
Following a natural disaster or emergency, the building official may issue such permits deemed
necessary to restore a previous legal use or allow temporary occupancy of a site, prior to the primary
use being re-established.
R109.1.6.3 Prior to release of occupancy of a building or structure.
When the building or structure is ready for final inspection and occupancy, the property owner or
permit holder shall notify the building official. The building official will coordinate with other
appropriate city/county functions so they may verify compliance with all laws and ordinances they are
charged with enforcing.
Passing final inspection or the final approval of the building official on the building permit inspection
card does not constitute approval to occupy the structure.
R109.2 Inspection agencies.
The building official is authorized to accept reports of approved inspection agencies, licensed engineers,
licensed contractors or other qualified individuals, provided that such agencies, licensed professionals or
individuals satisfy the requirements as to qualifications and reliability.
Section R111 Service Utilities
R111.4 Authority to condemn building service equipment.
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When any building service equipment is maintained in violation of the technical codes and in violation of
a notice issued pursuant to the provisions of this section, the building official shall institute appropriate
action to prevent, restrain, correct, or abate the violation. When the building official ascertains that
building service equipment regulated in the technical codes has become hazardous to life, health or
property, or has become unsanitary, the building official shall order in writing that such equipment
either be removed or restored to a safe or sanitary condition, as appropriate. The written notice shall fix
a time limit for compliance with such order. Defective building service equipment shall not be
maintained after receiving such notice.
R111.4.1 Connection after order to disconnect.
Persons shall not make connections from an energy, fuel, or power supply nor supply energy or fuel to
building service equipment which has been disconnected or ordered to be disconnected by the building
official, or the use of which has been ordered to be discontinued by the building official, until the
building official authorizes the reconnection and use of such equipment.
Chapter 9 (Roof Assemblies)
Section R901 General
Section R901.1 Scope.
The provisions of this chapter shall govern the design, materials, construction and quality of roof
assemblies and rooftop structures.
1. Roofing assemblies, roof coverings, and roof structures shall be as specified in this
code and as otherwise required by local ordinance or applicable law.
2. Roofing assemblies and roof coverings other than wood shakes and shingles shall be
Class A fire rated.
3. Wood shakes and shingles of any classification are prohibited as a roof covering on
all structures and on all replacement roofs.
4. Roof coverings shall be secured or fastened to the supporting roof construction
and shall provide weather protection for the building at the roof.
5. Skylights shall be constructed as required in Section R308.6 and Chapter 9. Use of
plastics in roofs shall comply with R316 and Chapter 9. Solar photo-voltaic energy
collectors located above or upon a roof shall be class A fire rated.
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PROPOSED AMENDMENTS TO
CALIFORNIA GREEN BUILDING STANDARDS CODE
& CALIFORNIA ENERGY CODE
SECTION 1. 2022 California Green Building Standards Code
Subchapter 2 Definitions
Section 202 Definitions
Electric vehicle (EV) capable space. A vehicle space with electrical panel space and load capacity to
support a branch circuit and necessary raceways, both underground and/or surface mounted. For the
purposes of this code, an EV capable space shall include a 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 capable spaces.
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. Future EV capable spaces may qualify as designated parking for clean air vehicles.
Electric vehicle (EV) charger. Off-board charging equipment used to charge an electric vehicle. For the
purposes of this code, an EV charging space that is installed with an EV charger shall consist of 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 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.
Electric vehicle (EV) ready space. A vehicle space which is provided with a branch circuit, any necessary
raceways, both underground and/or surface mounted, to accommodate EV charging, terminating in a
blank cover, receptacle or a charger, with a dedicated 208/240-volt branch circuit, electric panel
capacity, overcurrent protective device and wire. 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: 1) for one and two family dwellings, and townhouses with attached private
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garages, alterations have a building permit valuation equal to or greater than $60,000 or include an
electrical service panel upgrade; or 2) 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 as required by law or ordinance of the jurisdiction; 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.
Chapter 4 Residential Mandatory Measures
Section 4.106 Site Development
4.106.4 Electric vehicle (EV) charging for new construction and major residential renovations.
New construction and major residential renovations shall comply with Section 4.106.4.1 or 4.106.4.2 to
facilitate future 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 local utility power supply or the local utility is unable to
supply adequate power.
1.2. Where there is evidence suitable to the local enforcing agency substantiating
that additional local utility infrastructure design requirements, directly related
to the implementation of Section 4.106.4, may adversely impact the
construction cost of the project.
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 ready spaces, EV capable spaces, and EVSE installed spaces
required or provide for EV charging elsewhere.
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5. Where alternative and innovative parking systems will be installed as determined by
the building official.
4.106.4.1 New one- and two-family dwellings and town-houses with attached private garages.
For each dwelling unit, install a listed raceway to accommodate a dedicated 208/240-volt branch circuit
to provide an EV ready space. The raceway shall not be less than trade size 1 (nominal 1-inch inside
diameter). The raceway shall originate to the main service or subpanel and shall terminate into a listed
cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways
are required to be continuous at enclosed inaccessible or concealed areas and spaces. The service panel
and/or subpanel shall provide capacity to install a 40-ampere 208/240-volt minimum dedicated branch
circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.
4.106.4.1.1 Identification. The service panel or subpanel circuit directory shall identify the overcurrent
protective device space(s) reserved for future EV charging as “(EV) CAPABLEREADY”. The raceway
termination locationreceptacle or charger shall be permanently and visibly marked as “EV
CAPABLEREADY”.
4.106.4.2 New multifamily dwellings, major residential renovations to existing multifamily dwellings,
hotels and motels, and new residential parking facilities.
When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet
the requirements of Sections 4.106.4.2.1 and 4.106.4.2.2. The provisions of this section shall also apply
to major residential renovations. Calculations for spaces shall be rounded up to the nearest whole
number. A parking space served by electric vehicle supply equipment or designed as a future EV
charging space shall count as at least one standard automobile parking space only for the purpose of
complying with any applicable minimum parking space requirements established by ordinance of a local
jurisdiction or any other applicable law. See Vehicle Code Section 22511.2 for further details.
4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels
with less than 20 sleeping units or guest rooms.
The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project
site subject to this section.
1. EV Capable. 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 capable spaces
capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate
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 a minimum of 40 amperes.
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.
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Exceptions:
1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than the
required number of EV capable spaces.
2. When EV chargers (Level 2 EVSE) are installed in a number less than the required
number of EV capable spaces, the number of EV capable spaces required may be
reduced by a number equal to the number of EV chargers installed.
Notes:
a. Construction documents are intended to demonstrate the project’s capability and
capacity for facilitating future EV charging.
b. There is no requirement for EV spaces to be constructed or available until receptacles
for EV charging or EV chargers are installed for use.
2. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be
equipped with lower power Level 2 EV charging receptacles. For multifamily parking
facilities, no more than one receptacle is required per dwelling unit when more than
one parking space is provided for use by a single dwelling unit.
Exception: Areas of parking facilities served by parking lifts.
4.106.4.2.1 4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, major
residential renovations to existing multifamily dwellings, and hotels and motels with 20 or more sleeping
units or guest rooms.
The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project
site subject to this section.
1. EV Capable. 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 future Level 2 EVSE. Electrical load calculations shall
demonstrate 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 capable spaces at a minimum of 40 amperes.
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.
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Exceptions: When EV chargers (Level 2 EVSE) are installed in a number greater than five
(5) percent of parking spaces required by Section 4.106.4.2.2, Item 3, the number of EV
capable spaces required may be reduced by a number equal to the number of EV
chargers installed over the five (5) percent required.
1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater
than the required number of EV capable spaces.
2. When EV chargers (Level 2 EVSE) are installed in a number less than the
required number of EV capable spaces, the number of EV capable spaces
required may be reduced by a number equal to the number of EV chargers
installed.
Notes:
a. Construction documents shall show locations of future EV spaces. Construction
documents shall also provide information on amperage of future EVSE, raceway
methods and electrical load calculations to verify that the electrical panel
service capacity and electrical system has sufficient capacity to simultaneously
charge future EVs at all EV capable spaces at the full amperage.
b. There is no requirement for EV capable spaces to be constructed or available
until receptacles for EV charging or EV cChargers are installed for use.
2. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be
equipped with lower power Level 2 EV charging receptacles. For multifamily parking
facilities, no more than one receptacle is required per dwelling unit when more than
one parking space is provided for use by a single dwelling unit.
Exception: Areas of parking facilities served by parking lifts.
3. EV Chargers. Five (5) percent of the total number of parking shall be equipped with
Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be
located in the common use parking area and shall be available for use by all residents or
guests.
When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond
the minimum required, an automatic load management system (ALMS) may be used to
reduce the maximum required electrical capacity to each space served by the ALMS. The
electrical system and any on-site distribution transformers shall have sufficient capacity
to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by
the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and
installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used
to reduce the minimum required electrical capacity to the required EV capable spaces.
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4.106.4.2.2 When a single EV ready space, EV capable space, or EVSE installed space is required, it shall
be an EVSE installed space with EV charger.
4.106.4.2.2.1 Electric vehicle charging stations (EVCS). Vehicle spaces with EV chargers and other
electricElectric vehicle charging stations required by Section 4.106.4.2.1 4.106.4.2.2, Item 3, shall comply
with Section 4.106.4.2.2.1.
Exception: Electric vehicle charging stations serving public accommodations, public housing, motels and
hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for
applicable requirements.
4.106.4.2.2.1.1 Location. EVCS shall comply with at least one of the following options:
1. The charging 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
cCharger from the accessible parking space.
2. The charging 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
4.106.4.2.2.1.1 and Section 4.106.4.2.2.1.2, Item 3.
4.106.4.2.2.1.2 Electric vehicle charging stations (EVCS) dimensions. The charging spaces shall be
designed to comply with the following:
1. The minimum length of each EV ready space, EV capable space, and EVSE installed space
shall be 18 feet (5486 mm).
2. The minimum width of each EV ready space, EV capable space, and EVSE installed space
shall be 9 feet (2743 mm).
3. One in every 25 charging 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.
4.106.4.2.2.1.3 Accessible EV spaces. In addition to the requirements in Sections
4.106.4.2.2.1.1 and 4.106.4.2.2.1.2, all EVSE, when installed, shall comply with the accessibility
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provisions for EV cChargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in
multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.
4.106.4.2.3 EV space requirements.
1. Single EV space required. When a single EV ready space, EV capable space, or EVSE
installed space is required, it shall be an EVSE iInstalled space.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated
EV branch circuit is installed in close proximity to the location or the proposed location
of the EV space, at the time of original construction in accordance with the California
Electrical Code.
2. Multiple EV spaces required. Construction documents shall indicate the raceway
termination point and the location of EVSE installed spaces, or future EV ready spaces,
or EV capable spaces, receptacles, or EV cChargers. Construction documents shall also
provide information on amperage of installed or future receptacles or EVSE, raceway
method(s), wiring schematics and electrical load calculations. Plan design shall be based
upon a 40-ampere minimum branch circuit. Required 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.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated
EV branch circuit is installed in close proximity to the location or the proposed location
of the EV space at the time of original construction in accordance with the California
Electrical Code.
4.106.4.2.4 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.
4.106.4.2.5 Electric Vehicle Ready Space Signage. Electric vehicle ready spaces shall be identified by
signage or pavement markings, in compliance with Caltrans Traffic Operations Policy Directive 13-01
(Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing
multifamily buildings. When new parking facilities are added, or electrical systems or lighting of existing
parking facilities are added or altered and the work requires a building permit, ten (10) percent of the
total number of parking spaces added or altered shall be electric vehicle charging spaces (EV capable
spaces) capable of supporting future Level 2 EVSE.
Notes:
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1. Construction documents are intended to demonstrate the project’s capability and
capacity for facilitating future EV charging.
2. There is no requirement for EV capable spaces to be constructed or available until EV
chargers are installed for use.
Chapter 5 Nonresidential Mandatory Measures
Section 5.106 Planning and Design
TABLE 5.106.5.3.1
TOTAL NUMBER OF ACTUAL PARKING
SPACES
NUMBER OF REQUIRED EV CAPABLE
SPACES
NUMBER OF EVCS (EV
CAPABLE SPACED PROVIDED
WITH EVSE INSTALLED SPACE
WITH EV CHARGER)2
0–9 0 1 0 1
10–25 4 0 1
26–50 8 2
51–75 13 3
76–100 17 4 5
101–150 25 6
151–200 35 9
201 and over 20 percent of total1 25 percent of EV cCapable
Spaces1
1.Calculation for spaces shall be rounded up to the nearest whole number.
2.The number of required EVCS (EV cCapable sSpaces provided with EVSE) in column 3 count
toward the total number of required EV cCapable sSpaces shown in column 2.
Appendix A5
NOTE: Sections A5.201, A5.202, A5.203.1.1 through A5.203.1.2.1 Tier 1, and A5.211 through A5.213
will be recommended for adoption and amended herein are mandatory requirements for the
construction of nonresidential buildings and structures, multi-family buildings and structures,
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.
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1. Section A5.203.1.1.2 of the California Green Building Standards Code is amended to
read as follows:
A5.203.1.1.2 Service water heating in restaurants. Newly constructed restaurants 8,000
square feet or greater and with water service heaters rated 75,000 Btu/h o greater shall
install a solar water heating system with a minimum solar savings fraction of 0.15shall
comply with California Energy Code Section 140.5.
2. Section A5.211 of the California Green Building Standards Code is amended to read 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 A5.211.1, 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 A5.211.1, 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.
SECTION 2. 2022 California Energy Code
Subchapter 3 Nonresidential, hotel/motel occupancies, and covered processes – mandatory
requirements
Section 120.11
Oct. 18, 2022 Item #7 Page 184 of 191
- 44 -
120.11 Solar or recovered energy 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.
Subchapter 5 Nonresidential and hotel/motel occupancies – performance and prescriptive compliance
approaches for achieving energy efficiency
Section 140.5
140.5 Prescriptive requirements for service water – heating systems
(a) Nonresidential occupancies. Service water-heating systems in nonresidential buildings
and structures shall meet the requirements of 1 or 2 below, or meet the performance
compliance requirements of Section 140.1:
1. School buildings less than 25,000 square feet and less than 4 stories in Climate
Zones 2 through 15. A heat pump water-heating system that meets the
applicable requirements of Sections 110.1, 110.3, and 120.3, 120.11 and
140.5(c).
2. All other occupancies. A service water-heating system that meets the applicable
requirements of Sections 110.1, 110.3, 120.3, 120.11 and 140.5(c). In addition, a
service water-heating system installed in a nonresidential building or structure
shall meet the requirements of parts A, B, or C below:
A. A heat pump water heater. The storage tank shall be located in a
conditioned space.
B. An electric resistance water heater.
C. 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.
Oct. 18, 2022 Item #7 Page 185 of 191
- 45 -
(b) Hotel/motel occupancies. A service water-heating system installed in hotel/motel
buildings and structures shall meet the requirements of Section 170.2(d) and Section
140.5(c) and be located in the garage or conditioned space.
(c) High-capacity service water-heating systems. Gas service water-heating systems with a
total installed gas water heating input capacity of 1 MMBtu/h or greater shall have gas
service water-heating equipment with a minimum thermal efficiency of 90 percent.
Multiple units can meet this requirement if the water-heating input provided by
equipment with thermal efficiencies above and below 90 percent averages out to an
input capacity-weighted average of at least 90 percent.
Exception 1 to Section 140.5(c): If 25 percent of the annual service water-
heating requirement is provided by site-solar energy or site-recovered energy.
Exception 2 to Section 140.5(c): Water heaters installed in individual dwelling
units.
Exception 3 to Section 140.5(c): Individual gas water heaters with input capacity
at or below 100,000 Btu/h shall not be included in the calculations of the total
system input or total system efficiency.
Section 141.2
141.2 Additions, alterations and repairs – nonresidential photovoltaic system required. Additions to
existing nonresidential and hotel/motel buildings where the total roof area is increased by at least 2,000
square feet, and alterations to existing nonresidential 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 141.2.A or 141.2.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.
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:
Oct. 18, 2022 Item #7 Page 186 of 191
- 46 -
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. 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.
Exceptions:
1. The building official may waive or reduce, by the maximum extent necessary,
the provisions of this Section if the building 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.
2. The building official may waive or reduce, by the maximum extent necessary,
the provisions of this Section if the building 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.
Subchapter 7 Single-family residential buildings – mandatory features and devices
Section 150(n)
150(n)5 Solar or recovered energy requirements for service water heating systems. 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(n)5: 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.
Subchapter 9 Single-family residential buildings – additions and alterations to existing residential
buildings
Oct. 18, 2022 Item #7 Page 187 of 191
- 47 -
Section 150.2(d)
150.2(d) Additions and alterations – energy efficiency required. 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:
A. Additions and alterations of single-family residential buildings built before 1978 shall
include one of the following:
1. Duct sealing pursuant to the 2022 California Code of Regulations, Title 24,
Section 150.2(b)1E without verification by a Home Energy Rating System (HERS)
rater. All exceptions as stated in the 2022 California Code of Regulations, 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 the
2022 California Code of Regulations, Title 24, Part 6, including HERS rater
verification.
2. 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.
3. 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
the 2022 California Code of Regulations, Title 24, Section 150.2(b)1Ii for steep
slope roofs and 150.2(b)1Iii 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.
B. Additions and alterations of single-family residential buildings built in 1978 or after shall
include one of the following:
1. A lighting package consisting of:
a. Replacement of all interior and exterior screw-in (A-base) incandescent
and halogen lamps with screw-in LED lamps; and
b. Installation of manual-on automatic-off vacancy sensors that meet the
2022 California Code of Regulations, 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 sensors as required by
the 2022 California Code of Regulations, Title 24, Section 110.9(b)4.
2. A water heating package consisting of:
Oct. 18, 2022 Item #7 Page 188 of 191
- 48 -
a. Addition of exterior insulation meeting a minimum of R-6 to storage
water heaters 20 gallons or larger in size, except if insulation installation
would void the water heater warranty; and
b. 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
c. 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.
C. 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.
D. Additions and alterations of multi-family residential buildings built between 1978 and
1991 shall include one of the following:
1. Duct sealing pursuant to the 2022 California Code of Regulations, Title 24,
Section 150.2(b)1E without verification by a HERS rater. All exceptions as stated
in the 2022 California Code of Regulations, 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 the 2022 California Code of
Regulations, Title 24, Part 6, including HERS rater verification.
2. 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.
3. 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
the 2022 California Code of Regulations, Title 24, Section 150.2(b)1Ii for steep
slope roofs and Section 150.2(b)1Iii 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.
E. Additions and alterations of multi-family residential buildings built after 1991 shall
include one of the following:
1. A lighting package consisting of:
Oct. 18, 2022 Item #7 Page 189 of 191
- 49 -
a. Replacement of all interior and exterior screw-in (A-base) incandescent
and halogen lamps with screw-in LED lamps; and
b. Installation of manual-on automatic-off vacancy sensors that meet the
2022 California Code of Regulations, 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 sensors as required by
the 2022 California Code of Regulations, Title 24, Section 110.9(b)4 .
2. A water heating package consisting of:
a. 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
b. 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
c. 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 2022 California Code of
Regulations, Title 24, 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 2022 California Code of Regulations, Title 24,
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.
Subchapter 12 Multifamily buildings – additions, alterations and repairs to existing multifamily
buildings
Section 180.5
180.5 Additions, alterations and repairs – residential photovoltaic system required. All additions,
alterations and repairs multifamily residential buildings and structures with a permit valuation of
$1,000,000 that affects at least 75 percent of the gross floor area shall comply with the requirements of
Oct. 18, 2022 Item #7 Page 190 of 191
- 50 -
2022 California Code of Regulations, Title 24, Section 141.2 for the requirements applicable to the
building and structures of this code.
Oct. 18, 2022 Item #7 Page 191 of 191
Council Memorandum
October 17, 2022
To: Honorable Mayor Hal
From: Cindie McMahon, Cit
Via:
{city of
Carlsbad
Re: Additional Materials Related to Staff Report Item No. 7 -Introduce an Ordinance
Adopting the California Building Code and Related California Codes for Construction,
Along with Local Amendments, and Set a Public Hearing for Nov. 8, 2022 (MCA 2022-
0005) (Districts -All)
This is an errata sheet for Item No. 7 of the October 18, 2022 agenda, amending the staff report
and the corresponding ordinance with the addition of text that was inadvertently omitted during
the editing process. The specific revisions are shown below in a strike-out and underline format:
1) Staff report revision:
Amend the "Next Steps" section, last sentence of paragraph 1 as follows: "The ordinance will be
effective 30 days following its adoption and no earlier than the effective date of the 2022
California Building Standards Code, which is Jan. 1, 2023, subject to its filing with the California
Building Standards Commission."
2) Ordinance revision:
Revise the "Effective Date" clause to read:
This ordinance shall be effective thirty days after its adoption, and no earlier than the
effective date of the 2022 California Building Standards Code, which is January 1, 2023;
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.
cc: Geoff Patnoe, Assistant City Manager
Gary Barberio, Deputy City Manager, Community Services
Jeff Murphy, Director of Community Development
Mike Strong, Assistant Director of Community Development
City Attorney's Office
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 442-339-2891 t
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEARING: --1-/_o___._.(f_.2~1/._.,d,'-....... ~----------
'
SUBJECT: ~Od,;:) ll'i_ 6~ CcJ1..o
LOCATION : ~200 Carlsbad Village Drive, Carlsbad, CA 92008
D Other: ------------------
DATE POSTED TO CITY WEBSITE / 0/7 /~
DATE NOTICES MAILED TO PROPERTY OWNERS: ___ -_______ _
NUMBER_ MAILED:
I declare under penalty of perjury under the laws.of the State of California that I am employed by
the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: ~TY CLERK'S OFFICE □OTHER _______ _
\.1-zzlc .. ~ . 10/7/-;1,;;i_
Signature Date
------------------------------------------------------------------------------
SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _
□ Coast News on· / 0/ i/~
PUBLICATION DATE: Union Tribune --------------
Coast News ) D{7/ 2.Qc9d--
I declare under penalty of perjury under the laws of the State of California that I am employed by
the City of Carlsbad 7 the foregoing is true and correct.
DEPARTMENT: ~ITV CLERK'S OFFICE □ OTHER _______ _
( j~f ~
Signature Date
Attachments: 1) Mailing Labels
2) Notice w/ attachments
NOTICE OF PUBLIC MEETING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City
of Ca rlsbad will hold a public meeting at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad,
California, at 5 p.m. on Tuesday, Oct .18, 2022, to consider introducing ordinances approving amendments
to t he Municipal Code, and more particularly described as:
California Building Standards Code Adoption
Every three years, the California Building Standards Commission (Commission)
updates the state's model building codes, which local jurisdictions adopt and enforce
as the minimum standards for new construction. The state allows local amendments
to the state model codes when findings can be made that such code changes are
necessary to address locally unique topographical, geological, climatic, and
environmental conditions.
This is a public notice for two related items: MCA2022-000S and MCA2022-0006.
1. MCA2022-000S (Amending Title 18, Building Codes and Regulations).
Introduction of an ordinance that adopts and amends the 2022 triennial
edition of the Building Code, Residential Code, Fire Code, Existing Building
Code, Historical Building Code, Electrical Code, Plumbing Code, Mechanical
Code, Green Building Standards Code and the Energy Code.
2. MCA2022-0006 (Amending Title 17, Fire Protection). Introduction of an
ordinance that adopts and amends the 2022 triennial edition of the Fire
Code.
Following introduction of the ordinances, a public hearing will be scheduled to formally
adopt the ordinances.
Those persons wishing to speak on this proposal are cordially invited to attend the public meeting. Copies
of the two staff reports (MCA2022-0005 and MCA2022-0006) w ill be available on and after Oct. 14, 2022.
If you have any questions about the portions of the California Building Standards Codes that includes
building codes and regulations (MCA2022-0005), please contact Mike St rong, Assist ant Community
Development Director, in the Planning Division at (442) 339 -2721 or mike.strong@carlsbadca.gov. If you
have any questions about the portion that includes the fire code (MCA2022-0006), please contact Randy
Metz, Fire Division Chief, in the Fire Department at (442) 339-2661 or randy.met z@carlsbadca .gov.
CASE FILE:
CASE NAME:
PUBLISH:
MCA2022-0005 (Building Codes and Regulations) and MCA2022-0006 (Fire Protection)
Adopt and Amend the 2022 California Building Standards Code
Oct. 7, 2022
CITY OF CARLSBAD CITY COUNCIL
CA Building Standards Code
Adoption and Amendment
Mike Strong, Asst. Director of Community Development
Jason Pasiut, Building Official
Oct. 18, 2022
{ City of
Carlsbad
BACKGROUND
•State model codes are released every three years
•CBSC includes 12 parts (building, residential, mechanical, plumbing, etc.)
•State allows local amendments
•State model codes apply to all cities and counties, whether or not there are
adopted
ITEM 7: CBSC
{ City of
Carlsbad
DETAILS OF THE REQUEST
•Adopt state model codes by reference
•Proposed local amendments continue existing policies
•Propose adding other local amendments, which include:
–Amendments that are administrative in nature
–Amendments that relate to building standards
•Proposed amendments shown in track changes to attachment to report
ITEM 7: CBSC
{ City of
Carlsbad
DETAILS OF THE REQUEST
•Administrative changes: intend to reflect existing practices, provide clarity,
and establish more certainty in permitting process
•Technical changes to standards:
–Noise standards near airports and freeways
–Screening of roof mounted equipment and rooftop hazards
–Roof rainfall drainage systems
–Fire classification for PV systems (codified in 2019 CBSC adoption)
–Reach codes (codified in 2019 CBSC adoption)
ITEM 7: CBSC
RECOMMENDATION AND
NEXT STEPS
•Adopt ordinance
•File amendment packages to the state
•Promote awareness of effective date
and changes
ITEM 7: CBSC
{ City of
Carlsbad