HomeMy WebLinkAboutOrdinance 1863 (Building Codes)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -Officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1863 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE
MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTERS 12.12,
12.14, 12.16, 12.20, 12.26, AND 12.28 THERETO, ADOPTING THE CALIFORNIA BUILDING
CODE, 2007 EDITION, WITH AMENDMENTS, THE CALIFORNIA MECHANICAL CODE, 2007
EDITION, WITH AMENDMENTS, THE CALIFORNIA PLUMBING CODE, 2007 EDITION, WITH
AMENDMENTS, THE CALIFORNIA ELECTRICAL CODE, 2007 EDITION, WITH
AMENDMENTS, THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE
NATIONAL ELECTRICAL CODE, 1996 EDITION, WITH AMENDMENTS, THE UNIFORM
HOUSING CODE, 1997 EDITION, WITH AMENDMENTS, THE UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION, WITH AMENDMENTS;
ADOPTING ENFORCEMENT AND PENALTIES PROVISIONS FOR THE FOREGOING
CODES; AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO THE
2007 CALIFORNIA BUILDING CODE"
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 5th day of November. 2007, a
SUMMARY of Ordinance No. 1863 was published as required by City Charter in the NL RIN
INDEPENDENT JOURNAL. a newspaper published in the City of San Rafael, and passed and
adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City,
held on the 19th day of November. 2007, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
26th day of November, 2007
k� A. .a�.�....:
PANNE M. LEONCINI
City Clerk
SUMMARY OF ORDINANCE NO. 1863
ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE MUNICIPAL
CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTERS 12.12, 12.14, 12.16, 12.20,
12.26, AND 12.28 THERETO, ADOPTING THE CALIFORNIA BUILDING CODE, 2007 EDITION,
WITH AMENDMENTS, THE CALIFORNIA MECHANICAL CODE, 2007 EDITION, WITH
AMENDMENTS, THE CALIFORNIA PLUMBING CODE, 2007 EDITION, WITH AMENDMENTS,
THE CALIFORNIA ELECTRICAL CODE, 2007 EDITION, WITH AMENDMENTS, THE
UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE,
1996 EDITION, WITH AMENDMENTS, THE UNIFORM HOUSING CODE, 1997 EDITION, WITH
AMENDMENTS, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS, 1997 EDITION, WITH AMENDMENTS; ADOPTING ENFORCEMENT AND
PENALTIES PROVISIONS FOR THE FOREGOING CODES; AND ADOPTING FINDINGS OF
FACT SUPPORTING THE AMENDMENTS TO THE 2007 CALIFORNIA BUILDING CODE.
Title 12 of the City of San Rafael Municipal Code is being amended by amending Chapters
12.12, 12.14, 12.16, 12.20, 12.26, and 12.28, adopting the 2007 California Building Code with
amendments, the 2007 California Mechanical Code with amendments, the 2007 Plumbing Code
with amendments, the 2007 California Electrical Code with amendments, the Uniform
Administrative Code Provisions for the 1996 National Electrical Code with amendments, the
1997 Uniform Housing Code with amendments, and the 1997 Uniform Code for the Abatement
of Dangerous Buildings with amendments, and adopting provisions for enforcement and
penalties related to such codes, as detailed in the complete text of Ordinance No. 1863. For a
copy of the complete text of the Ordinance amending the Municipal Code, the 2007 California
Building Code, the 2007 California Mechanical Code, the 2007 California Plumbing Code, the
2007 California Electrical Code, the Uniform Administrative Code Provisions for the 1996
National Electrical Code, the 1997 Uniform Housing Code, and the 1997 Uniform Code for the
Abatement of Dangerous Buildings, please contact the City Clerk at 485-3066. Copies of the
complete Ordinance containing these Municipal Code amendments, and the aforementioned
codes, are also available for public review as of Wednesday, November 14, 2007, at the San
Rafael City Clerk's Office, 1400 Fifth Avenue, 2°a Floor, Room 209, during regular business
hours, 8:30 a.m. to 5:00 p.m.
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance amends Chapters 12.12, 12.14, 12.16, 12.20, 12.26, and 12.28 of the San Rafael
Municipal Code, adopts 2007 California Mechanical Code with amendments, the 2007 Plumbing
Code with amendments, the 2007 California Electrical Code with amendments, the Uniform
Administrative Code Provisions for the 1996 National Electrical Code with amendments, the
1997 Uniform Housing Code with amendments, and the 1997 Uniform Code for the Abatement
of Dangerous Buildings with amendments, and adopts provisions for enforcement and penalties
related to such codes. The amendments to the aforementioned codes include provisions relating
to definitions, address numbering, right of entry, appeals boards, fire sprinkler systems, smoke
detectors, wood shake or shingle siding, roof coverings and materials, inspections, permit fees
and penalties, permit exemptions, and mud on streets. The Ordinance also contains the findings
o��
of fact that are required by Health & Safety Code Sections 17958.5, 17958.7 and 18941.5 relative
to local climatic, geological and topographical conditions when amendments are made to
building standards contained in the California Building Code.
PUBLICATION
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council
meeting at which it will be adopted, November 19, 2007. This Ordinance shall be in full force
and effective on January 1, 2008, and the summary of this Ordinance shall be published within
fifteen (15) days after the adoption, together with the names of the Councilmembers voting for or
against same, in the Marin Independent Journal, a newspaper of general circulation published and
circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15)
days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy
of the full text of this Ordinance along with the names of those Councilmembers voting for and
against the Ordinance.
dB#,R'TIJ AM yor
ATTEST:
JEAWE M. LEONCINI, City Clerk
The foregoing Ordinance No. 1863 was read and introduced at a regular meeting of the
City Council of the City of San Rafael on Monday, November 5, 2007, and was ordered passed
to print by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an ordinance of the City of San Rafael at a regular meeting of
the City Council to be held on the 19th day of November, 2007.
JE NE M. LEONCINI, City Clerk
ORDINANCE NO. 1863
ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE MUNICIPAL CODE
OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTERS 12.12, 12.14, 12.16, 12.20, 12.26
AND 12.28 THERETO, ADOPTING THE CALIFORNIA BUILDING CODE, 2007 EDITION, WITH
AMENDMENTS, THE CALIFORNIA MECHANICAL CODE, 2007 EDITION, WITH AMENDMENTS,
THE CALIFORNIA PLUMBING CODE, 2007 EDITION, WITH AMENDMENTS, THE CALIFORNIA
ELECTRICAL CODE, 2007 EDITION, WITH AMENDMENTS, THE UNIFORM ADMINISTRATIVE
CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE, 1996 EDITION, WITH
AMENDMENTS, THE UNIFORM HOUSING CODE, 1997 EDITION, WITH AMENDMENTS, THE
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION, WITH
AMENDMENTS; ADOPTING ENFORCEMENT AND PENALTIES PROVISIONS FOR THE
FOREGOING CODES; AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS
TO THE 2007 CALIFORNIA BUILDING CODE
THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. Chapter 12.12 of the Municipal Code of the City of San Rafael is hereby
amended to read as follows:
Chapter 12.12
CALIFORNIA BUILDING CODE
Sections:
12.12.010 Adoption of 112007 California Building Code", (based on the
International Building Code, 2006 Edition, with California
amendments), with amendments.
12.12.020 Amendments to the California Building Code
12.12.030 Enforcement and Penalties
12.12.010 Adoption of "2007 California Building Code", (based on the
International Building Code, 2006 Edition, with California
amendments), with amendments.
The City Council hereby adopts, for the purpose of providing minimum requirements for the
protection of life, limb, health, property, safety, and the welfare of the general public, that
certain code known as the 2007 California Building Code, (based on the International Building
Code, 2006 Edition), Volume 1 and Volume 2, including the following appendices: Appendix
Chapter 1, and appendices F, H, I and J as published by the California Building Standards
Commission in the California Code of Regulations, Title 24, Part 2, hereinafter referred to as
the "California Building Code", save and except such portions as are hereinafter changed or
modified by Section 12.12.020 of this chapter. Not less than one copy of said code shall be
maintained by the office of the City Clerk.
12.12.020 Amendments made to the California Building Code.
The California Building Code is amended or modified as follows:
0
Section 108.5.1 is amended to read as follows:
108.5.1 General. Subject to the provisions of law, including Code of Civil Procedure Section
1822.50 et. seq., officers and agents of the Building Official may enter and inspect public and
private properties to secure compliance with the provisions of this code and the rules and
regulations promulgated by the Department of Housing and Community Development. For
limitations and additional information regarding enforcement, see the following:
(The remainder of this section is unchanged)
Section 108.8.1 is amended by adding a sentence to the end that reads as follows:
Nothing contained in this section shall prevent the Mayor or City Council from appointing the
Mayor and City Council as the Local Appeals Board or Housing Appeals Board.
Section 202 is amended to add the following definition:
Residential Kitchen. An area in which the preparation of food for eating occurs (that has
provisions for cooking or heating of food, or washing and storing of dishware and utensils, or
refrigeration or storing of food).
Section 501.2 is amended to read as follows:
501.2 Address numbers. New and existing buildings shall have approved address numbers,
building numbers or approved building identification placed in a position that is plainly legible and
visible from the street or road fronting the property. Numbers painted on the curb do not satisfy
this requirement. These numbers shall contrast with their background. Address numbers shall
be Arabic numerals or alphabet letters. Said numbers shall be either internally or externally
illuminated in all new construction or substantial remodels, and installed so as to remain
illuminated at all times during hours of darkness. Number sizes shall be as follows: Minimum of
one -half-inch (1/2") stroke by four inches (4") high minimum for residential applications, minimum
one -half-inch (1/2") stroke by six inches (6") high minimum for commercial applications. Larger
sizes may be required by the Building Official based on distance from the street or road fronting
the property.
All structures abutting on any public or private street, avenue, drive, road, place or lane within
the City shall be given and marked with an official number. The City Engineer shall decide the
proper number to be assigned to any structure. All requests for new addresses or change of
address shall be reviewed and approved by the City Engineer.
If the owner or lessee of any building fails, refuses or neglects to place the number, or replace it
when necessary, the City Engineer may and upon order of the City Council shall cause a notice
to be personally served on such owner or lessee or mailed by Registered Mail to last known
address, ordering him to place or replace the number. Such owner or lessee shall comply with
such notice within ten days from the date of service.
501.2.1 Multi -Tenant buildings. Numbers or letters shall designate all separate occupancies
within a building. Size shall be minimum one -quarter -inch (1/4") stroke by two inches (2") high
and on a contrasting background for tenant spaces accessed from an interior corridor, and as
indicated in Section 501.2 for spaces with exterior access doors. In multi -story or larger
buildings, directional address numbers or letters shall be provided at a central location. Said
addresses or numbers shall be posted at a height no greater than 5 feet, 6 inches (5' 6") above
the finished floor and shall be either internally or externally illuminated in all new construction or
substantial remodels.
501.2.2 Rear addressing. When required by the Building Official, approved numbers or
addresses shall be placed on all new and existing buildings in such a position as to be plainly
visible and legible from the fire apparatus road at the back of a property or where rear parking
lots or alleys provide an acceptable vehicular access. Number stroke and size shall comply with
Section 501.2.
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Section 502.1 is amended as follows:
The definition of "GRADE PLANE" is amended to read as follows:
GRADE PLANE. Grade plane is the lowest point of elevation of the finished surface of the
ground, paving or sidewalk within the area between the building and the property line or, when
the property line is more than 5 feet from the building, between the building and a line 5 feet from
the building.
Section 903.2 is amended to read as follows:
903.2 Where Required; All Occupancies and Facilities. An automatic fire sprinkler system
shall be installed in all of the following:
1. Every newly constructed, building or facility.
Exception 1: Freestanding Group U occupancies not more than one thousand (1,000)
square feet and provided with exterior wall and opening protection as per Table 602 of
the Building Code.
Exception 2: Freestanding Group B or M occupancies not more than five hundred
(500) square feet and provided with exterior wall and opening protection as per Table
602 of the Building Code.
2. Newly created, attached, second dwelling units which meet the definition of a substantial
remodel.
3. All other existing buildings, sprinkler systems may be required by the Fire Code Official in
accordance with the following:
a. All buildings where improvements occur during any three (3) year period which meet
the definition of a substantial remodel.
Exception: Group R, Division 3 occupancies where the "substantial remodel' is for
fire or flood repair purposes only.
b. All buildings in excess of thirty-five hundred (3,500) square feet which have more
than twenty percent (20%) floor area added within any three (3) year period.
Exception: Group R, Division 3 occupancies not located in a high fire hazard area
and which have available fire flow from the nearest fire hydrant that is greater than
the required minimum fire flow.
4. In all residential buildings required to be sprinklered above, attached garages and attics
designed for storage, or containing mechanical equipment shall also be sprinklered. In all
multi -unit residential occupancies, the attics shall be sprinklered.
5. Fire Sprinklers in Group R, Division 1 hotel occupancies shall be designed in accordance
with NFPA 13.
6. All single family dwellings in excess of five thousand (5,000) square feet shall have
automatic fire sprinkler systems designed in accordance with NFPA Standard 13R.
7. All public storage facilities shall be provided with an automatic fire sprinkler system.
8. All buildings in which a change of use occurs which, in the opinion of the Fire Code
Official, results in a higher fire or life safety exposure where the area changing use is more
than fifty percent (50%) of the total square footage of the building. Sprinkler system
installation shall include the entire building that contains the new or changed occupancy.
The requirements for fire sprinklering in this code section are not meant to disallow the
provisions for area increase, height increase, or fire -resistive substitution if otherwise allowed by
the Building Code.
Section 907.2.2.1 is added to read as follows:
907.2.2.1 Smoke Detection in Office Uses. When corridors in a multi -story office building serve
an occupant load of between thirty (30) and one hundred (100), and are not one-hour fire
resistive construction with 20 -minute rated doors, an automatic smoke detection system shall be
provided in each office space that has less than a one-hour separating wall and/or any non -rated
openings onto the corridor.
Section 907.2.10.5.3 (a) is amended as follows:
(a) On or after January 1, 1986, every single-family dwelling and factory -built housing, as
defined in Health and Safety Code Section 19971, which is sold, shall have operable smoke
detectors installed. The detectors shall be approved and listed by the State Fire Marshal
and installed in accordance with section 907.1.10.1.2. Battery operated smoke detectors
shall be deemed to satisfy the requirements of this section.
Section 1013.1 is amended by adding the following sentence:
Guards are also required at waterfront bulkheads, fixed piers and gangways.
Section 1406 is amended by adding the following subsection:
1406.2.1.3 Wood shake or shingle siding. In Very High Fire Severity zones, as reflected in
the map entitled "City of San Rafael Wildland-Urban Interface", dated July 2, 2007, on file with
the City Clerk, wood shake and wood shingles used as siding must be a minimum of Class B fire
resistant treated material. Replacement of existing siding which exceeds 25% of the siding area
must meet this requirement
Section 1505.1 is amended to read as follows:
1505.1 General. All new roof coverings shall be non-combustible or a Class A roof covering or
Class A roof assembly. Roof coverings in Very High Fire Severity zones as reflected in the map
entitled "City of San Rafael Wildland-Urban Interface", dated July 2, 2007, on file with the City
Clerk, shall be noncombustible or a class A roof covering only. No wood shake or shingle roofs
will be permitted in the Very High Fire Severity zones.
Exception: Skylights and sloped glazing that comply with Chapter 24 or Section
2610.
Table 1505.1 is deleted.
Section 1510 is amended by adding the following subsection:
1510.1.1 Minimum Roofing Materials. The fire rating of all roofing materials used shall be as
follows based on the percentage of the replacement area in any twelve (12) month period:
1. Less than twenty-five percent (25%) replaced --At a minimum, materials compatible with the
existing roof shall be used.
2. Twenty-five percent (25%) to less than fifty percent (50%) replaced --At a minimum, a Class B
roof covering shall be used.
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3. Fifty percent (50%) or more replaced --A minimum of Class A roofing system, which complies
with requirements for new construction as specified in section 1505.1.
4. In no case shall roofing materials used be less fire resistive than the existing roof.
Section 1806 is amended by adding the following subsection:
1806.2 Wooden retaining walls. Wooden retaining walls may not be used to support any
permanent structure.
Appendix Chapter 1 is modified as follows:
Section 101.2 is amended by deleting the Exception, and adding the following sentence to read as
follows:
This appendix chapter shall apply to all occupancies regulated by this code, and shall be in
addition to those requirements specific to state regulated occupancies contained in Chapter 1 of
this Code.
Section 103 is deleted.
Section 104.6 is amended to add the following phrase to the end of the last sentence:
", including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of
the State of California."
Section 105.2 is amended as follows:
105.2 Building: (1) is revised to read as follows:
1. One story detached accessory structures used as tool and storage sheds, playhouses,
and similar uses, providing the floor area does not exceed 120 square feet and the structure
contains no plumbing, electrical or heating appliances.
105.2 Building: (7) is revised to read as follows:
7. Painting, papering, tiling, carpeting, counter tops and similar finish work, except that
restriping of parking lots shall require a permit.
105.2 Building: (14) is added to read as follows:
14. Decks or platforms which are less than 30" above grade plane, and are not a part of the
means of egress for a normally occupied building.
Section 105.5 is amended by adding the following sentences:
All building permits are limited to a maximum term of 2 years. When requested in writing of the
Chief Building Official/Fire Marshal, a maximum of one 90 day extension may be granted in
excess of two years for good cause. The owner shall be subject to a civil penalty, in an amount
equal to 100 dollars per day, for construction activities which occur beyond the term limit.
Section 108.2 is amended to read as follows:
108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and
plumbing systems or alterations requiring a permit, a fee for each permit shall be required as set
forth in the Master Fee Schedule Resolution as adopted by the San Rafael City Council from
time to time.
Section 108.4 is amended to read as follows:
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 penalty equal to
three times the amount of normal permit fee.
5
Section 112.3 is amended by adding thereto the following sentence:
Nothing contained in this section shall prevent the Mayor or City Council from appointing the
Mayor and City Council as the Board of Appeals.
Appendix J "GRADING' is amended as follows:
J103.3 Grading Permit Fees. Fees shall be as set forth in the Master Fee Schedule
established by resolution of the San Rafael City Council as amended from time to time.
J110.3 Mud, Loose Dirt, or Debris on Public Street. No person, firm or corporation who
has a valid building, demolition or grading permit shall permit any mud, loose dirt or debris to
be removed from the job site and deposited on any public street or sidewalk.
12.12.030 Enforcement and penalties.
A. In addition to the enforcement powers and/or remedies provided in this chapter, the Building
Official shall have the power to enforce the provisions of this chapter as provided in Chapters 1.40,
1.42, 1.44, and 1.46.
B. The violations of the California Building Code as adopted in this chapter are
misdemeanors/infractions and are subject to the penalties set forth in Section 1.42.010 of the San
Rafael Municipal Code.
DIVISION 2. Chapter 12.14 of the Municipal Code of the City of San Rafael is hereby
amended to read as follows:
Chapter 12.14
CALIFORNIA MECHANICAL CODE
Sections:
12.14.010 Adoption of "2007 California Mechanical Code", (based on the
Uniform Mechanical Code, 2006 Edition, with California
amendments), with amendments.
12.14.020 Amendments to the California Mechanical Code
12.14.030 Enforcement and Penalties
12.14.010 Adoption of "2007 California Mechanical Code", (based on the
Uniform Mechanical Code, 2006 Edition, with California
amendments), with amendments.
6
The City Council hereby adopts, for the purpose of providing minimum requirements for the
protection of life, limb, health, property, safety, and the welfare of the general public, that certain
code known as the 2007 California Mechanical Code, (based on the Uniform Mechanical Code,
2006 Edition), including Appendix Chapter 1 as published by the International Association of
Plumbing and Mechanical Officials, and as amended by the California Building Standards
Commission in the California Code of Regulations, Title 24, Part 4, hereinafter referred to as the
"California Mechanical Code", save and except such portions as are hereinafter modified or
amended by Section 12.14.020 of this Chapter. Not less than one copy of said code shall be
maintained by the office of the City Clerk.
12.14.020 Amendments made to the California Mechanical Code.
The 2007 California Mechanical Code is amended or modified as follows:
Section 204.0 is amended to read as follows:
The definition of "AUTHORITY HAVING JURISDICTION" is amended to be as follows:
AUTHORITY HAVING JURISDICTION -- The Authority Having Jurisdiction shall mean the
Chief Building Official/Fire Marshal or his duly authorized representative.
Section 207.0 is amended as follows:
The definition of "ENFORCING AGENCY' is amended to read as follows:
ENFORCING AGENCY -- The enforcing agency shall be the Building and Fire Prevention
Division of the City of San Rafael.
Section 217.0 is amended as follows:
The definition of "OCCUPANCY CLASSIFICATION' is amended as follows:
OCCUPANCY CLASSIFICATION -- Occupancy classification shall be as defined in the
California Building Code.
Appendix Chapter 1 is amended as follows:
Section 101.0 is amended to read as follows:
These regulations shall be known as the California Mechanical Code, may be cited as such, and
will be referred to herein as "this code".
Section 102.0 is amended to add the following sentence:
This Appendix Chapter shall apply to all occupancies regulated by this code, and shall be in
addition to those requirements specific to state regulated occupancies contained in chapter one
of this Code.
Section 108.3 is amended to add the following phrase to the end of the last sentence:
", including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of
the State of California."
7
Section 110.1 is amended by adding thereto the following sentence:
Nothing contained in this section shall prevent the Mayor or City Council from appointing the
Mayor and City Council as the Board of Appeals.
Section 113.1 is amended to read as follows:
113.1 Application. To obtain a permit, the applicant shall apply to the Code Enforcement
Agency for that purpose. Every such application shall:
(The remainder of this section is unchanged)
Section 115.1 is amended to read as follows:
115.1 General. Fees shall be assessed in accordance with the provisions of this section and
as set forth in the Master Fee Schedule resolution of the City Council as adopted from time to
time.
Section 115.2 is amended to read as follows:
115.2 Permit Fees. Any person desiring a permit required by this code shall, at the time of
issuance therefor, pay a fee, which fee shall be as set forth in the Maser Fee Schedule
resolution of the City Council as adopted from time to time.
Section 115.3 is deleted.
Section 115.6.1 is amended to read as follows:
115.6.1 The Authority Having Jurisdiction may authorize refunding of not more than 80
percent of the permit fee paid when no work has been done under a permit issued in
accordance with this code.
Section 116.6 is amended to replace the third paragraph with the following:
To obtain reinspection, the applicant shall first pay the reinspection fee in accordance with the
Master Fee Schedule resolution of the City Council as adopted from time to time, and then
schedule the inspection for the next normally available time.
Table 1-1 is deleted.
12.14.030 Enforcement and penalties.
A. In addition to the enforcement powers and/or remedies provided in this chapter, the Building
Official shall have the power to enforce the provisions of this chapter as provided in Chapters
1.40, 1.42, 1.44, and 1.46.
B. The violations of the California Mechanical Code as adopted in this chapter are
misdemeanors/infractions and are subject to the penalties set forth in Section 1.42.010 of the
San Rafael Municipal Code.
DIVISION 3. Chapter 12.16 of the Municipal Code of the City of San Rafael is hereby
amended to read as follows:
0
Chapter 12.16
CALIFORNIA PLUMBING CODE
Sections:
12.16.010 Adoption of "2007 California Plumbing Code", (based on the
Uniform Plumbing Code, 2006 Edition, with California
amendments), with amendments.
12.16.020 Amendments to the California Plumbing Code
12.16.030 Enforcement and Penalties
12.16.010 Adoption of "2007 California Plumbing Code" (based on the
Uniform Plumbing Code, 2006 Edition, with California
amendments), with amendments.
The City Council hereby adopts, for the purpose of providing minimum requirements for the
protection of health, safety, and the general welfare of the general public, that certain code
known as the 2007 California Plumbing Code, (based on the Uniform Plumbing Code, 2006
Edition), including Appendix Chapter 1, and Appendices A, B, D, and L published by the
International Association of Plumbing and Mechanical Officials, and as amended by the
California Building Standards Commission in the California Code of Regulations, Title 24, Part
5, hereinafter referred to as the "California Plumbing Code", save and except such portions as
are hereinafter modified or amended by Section 12.16.020 of this chapter. Not less than one
copy of said code shall be maintained by the office of the City Clerk.
12.16.020 Amendments to the California Plumbing Code.
The 2007 California Plumbing Code is amended or modified as follows:
Section 108.5.1 is amended to modify the first sentence to read as follows:
Section 108.5.1 General. Subject to the provisions of law, including Section 1822.50 et. seq.
of the Code of Civil Procedure of the State of California, officers and agents of the Building
Official may enter and inspect public and private properties to secure compliance with the
provisions of this code.
(The remainder of this section is unchanged)
Section 108.8.1 is amended by adding the following sentence:
Nothing contained in this section shall prevent the Mayor or City Council from appointing the
Mayor and City Council as the Local Appeals Board or Housing Appeals Board.
Section 203.0 is amended to read as follows:
The definition of "AUTHORITY HAVING JURISDICTION" is amended to read as follows:
0
AUTHORITY HAVING JURISDICTION -- The Authority Having Jurisdiction shall mean the
Chief Building Official/Fire Marshal or his duly authorized representative.
Section 207.0 is amended as follows:
The definition of "ENFORCING AGENCY" is amended to read as follows:
ENFORCING AGENCY -- The enforcing agency shall be the Building and Fire Prevention
Division of the Community Development Department of the City of San Rafael.
Appendix Chapter 1 is amended as follows:
Section 101.1 is amended to read as follows:
These regulations shall be known as the California Plumbing Code, may be cited as such, and
will be referred to herein as "this code".
Section 101.2 is amended by adding the following sentence:
This appendix chapter shall apply to all occupancies regulated by this code, and will be in
addition to those requirements specific to state regulated occupancies contained in chapter one
of this code.
Section 103.2.1 is amended to read as follows:
103.2.1 Application. To obtain a permit, the applicant shall apply to the Authority Having
Jurisdiction for that purpose. Every such application shall:
(The remainder of this section is unchanged)
Section 103.4.1 is amended to read as follows:
103.4.1 Permit Fees. Any person desiring a permit required by this code shall, at the time of
issuance therefor, pay a fee, which fee shall be as set forth in the Master Fee Schedule
resolution of the City Council as adopted from time to time.
Section 103.4.2 is deleted.
Section 103.4.5.2 is amended to read as follows:
103.4.5.2 The Authority Having Jurisdiction may authorize refunding of not more than 80
percent of the permit fee paid when no work has been done under a permit issued in
accordance with this code.
Section 103.5.6 is amended to replace the fourth paragraph with the following:
To obtain reinspection, the applicant shall first pay the reinspection fee in accordance with the
Master Fee Schedule resolution of the City Council as adopted from time to time, and then
schedule the inspection for the next normally available time.
Table 1-1 is deleted.
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12.16.030 Enforcement and penalties.
A. In addition to the enforcement powers and/or remedies provided in this chapter, the
Building Official shall have the power to enforce the provisions of this chapter as provided in
Chapters 1.40, 1.42, 1.44, and 1.46.
B. The violations of the California Plumbing Code as adopted in this chapter are
misdemeanors/infractions and are subject to the penalties set forth in Section 1.42.010 of
the San Rafael Municipal Code.
DIVISION 4. Chapter 12.20 of the Municipal Code of the City of San Rafael is hereby
amended to read as follows:
Chapter 12.20
CALIFORNIA ELECTRICAL CODE
Sections:
12.20.010 Adoption of "2007 California Electrical Code", (based on the
National Electric Code, 2005 Edition, with California
amendments), with amendments.
12.20.020 Administration—Adoption of Uniform Administrative Code
Provisions of the National Electrical Code, 1996 Edition.
12.20.030 Enforcement and Penalties
12.20.010 Adoption of the "2007 California Electrical Code", (based on the
National Electrical Code, 2005 Edition, with California
amendments), with amendments.
The City Council hereby adopts, for the purpose of providing minimum requirements for the
protection of life, limb, health, property, safety, and the general welfare of the general public, that
certain code known as the "2007 California Electrical Code", (based on the National Electrical
Code, 2005 Edition), as published by the National Fire Protection Association, and as amended
by the California Building Standards Commission in the California Code of Regulations, Title 24,
Part 3, hereinafter referred to as the "California Electrical Code", save and except such portions
as are hereinafter -modified or amended by Section 12.16.020 of this chapter. Not less than one
copy of said code shall be maintained by the office of the City Clerk.
12.20.020 Administration --Adoption of Uniform Administrative Code
Provisions for the National Electrical Code, 1996 Edition.
(a) In order to facilitate the enforcement of the California Electrical Code, the City Council
hereby adopts that certain code known as the Uniform Administrative Code Provisions for the
National Electrical Code, 1996 Edition, as published by the International Conference of Building
Officials, save and except such portions as are hereinafter deleted, added thereto, changed or
amended by Section 12.20.020(b). Not less than one copy of said code shall be maintained by
the office of the City Clerk.
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(b) The Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition,
is amended as follows:
Section 101 is amended to read as follows:
Section 101—Title
These regulations shall be known as the "Administrative Code Provisions for the California
Electrical Code."
Section 101.1 is added to read as follows:
101.1 General. The Administrative Code Provisions for the California Electrical Code shall
apply to all occupancies regulated by this code, and will be in addition to those requirements
specific to state regulated occupancies contained in Article 89 of this Code.
Section 103 is amended as follows:
The definition of "Building Code" is amended as follows:
BUILDING CODE is the California Building Code.
The definition of "Electrical Code" is amended as follows:
ELECTRICAL CODE is the California Electrical Code.
The definition of "Code Enforcement Agency' is amended as follows:
CODE ENFORCEMENT AGENCY is the Building and Fire Prevention Division of the
Community Development Department of the City of San Rafael.
Section 201.3 is amended to modify the last sentence to add the following phrase:
", including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of
the State of California."
Section 203.1 is amended by adding thereto the following:
"Nothing contained in this section shall prevent the Mayor or City Council from appointing the
Mayor and City Council as the Board of Appeals."
Section 302.1 is amended to read as follows:
302.1 Application. To obtain a permit, the applicant shall apply to the Code Enforcement
Agency for that purpose. Every such application shall:
(The remainder of this section is unchanged)
Section 304.1 is amended to read as follows:
Section 304.1. Permit Fees. Any person desiring a permit required by this code shall, at the
time of issuance therefor, pay a fee as set forth in the Master Fee Schedule resolution of the
City Council as adopted from time to time.
Section 304.2 is deleted.
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Section 305.4 is amended to replace the fourth paragraph with the following:
To obtain reinspection, the applicant shall first pay the reinspection fee in accordance with the
Master Fee Schedule resolution of the City Council as adopted from time to time, and then
schedule the inspection for the next normally available time.
Table 3-A `Electrical Permit Fees" is deleted.
12.20.030 Enforcement and penalties.
A. In addition to the enforcement powers and/or remedies provided in this chapter, the
Building Official shall have the power to enforce the provisions of this chapter as provided in
Chapters 1.40, 1.42, 1.44, and 1.46.
B. The violations of the California Electrical Code as adopted in this chapter are
misdemeanors/infractions and are subject to the penalties set forth in Section 1.42.010 of
the San Rafael Municipal Code.
DIVISION 5. Chapter 12.26 of the Municipal Code of the City of San Rafael is hereby
amended to read as follows:
Chapter 12.26
UNIFORM HOUSING CODE
Sections:
12.26.010 Adoption of Uniform Housing Code, 1997 Edition, with
amendments.
12.26.020 Amendments to Uniform Housing Code.
12.26.030 Enforcement and Penalties
12.26.010 Adoption of Uniform Housing Code, 1997 Edition, with amendments.
The City Council adopts, for the purpose of providing minimum requirements for the protection of
life, limb, health, property, safety, and the general welfare of the general public, that certain code
known as the Uniform Housing Code, 1997 Edition, as published by the International Conference
of Building Officials, hereinafter referred to as the "Uniform Housing Code," save and except
such portions as are hereinafter changed, added to or amended by Section 12.26.020 of this
chapter.
12.26.020 Amendments to Uniform Housing Code.
The Uniform Housing Code is amended or modified as follows:
Section 103 is amended to revise the second sentence of the first paragraph to read as follows:
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Such occupancies in existing buildings may be continued as provided by the California
Existing Building Code, as contained in Title 24, Part 10 of the California Code of
Regulations, except such structures as are found to be substandard as defined by this code.
Section 104.1 is amended to read as follows:
Section 104.1 Additions, Alterations or Repairs. All buildings or structures which are
required to be repaired under the provisions of this code shall be subject to the provisions of
the California Existing Building Code, as contained in Title 24, Part 10 of the California Code
of Regulations.
Section 201.1 is amended to revise the first paragraph to read:
The Building Official and the code enforcement manager, and their designees, are hereby
authorized and directed to enforce all of the provisions of this code. For such purposes, such
officials shall have the powers of law enforcement officers.
Section 201.2 is amended to read as follows:
Section 201.2. Right of Entry. Whenever necessary to make an inspection to enforce any
of the provisions of this title, or whenever the Building Official or his authorized
representative has reasonable cause to believe that there exists in any building or upon any
premises an immediate threat to health and safety, the Building Official or his authorized
representative may enter such building or premises at all reasonable times to inspect the
same or to perform any duty imposed upon the Building Official by this code; provided, that if
such building or premises be occupied he shall first present proper credentials and demand
entry; and if such building or premises be unoccupied he shall first make a reasonable effort
to locate the owner or other persons having charge or control of the building or premises and
demand entry. If such entry is refused, the Building Official, or his authorized representative,
shall have recourse to every remedy provided by law to secure entry, including the warrant
provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of
California.
Section 203.1 is amended by adding thereto the following sentence:
Nothing contained in this section shall prevent the Mayor or City Council from appointing the
Mayor and City Council as the Housing Advisory and Appeals Board.
Section 301 is amended to read as follows:
SECTION 301—GENERAL
No building or structure regulated by this code shall be erected, constructed, enlarged altered,
repaired, moved, improved, removed, converted or demolished unless a separate permit for
each building or structure has first been obtained as required by the Building Code.
Section 302 is deleted.
Section 303 is amended to read as follows:
SECTION 303 -INSPECTION
Buildings or structures within the scope of this code and all construction or work for which a
permit is required shall be subject to inspection by the Building Official and the Code
Enforcement Manager as provided by this code and in accordance with the applicable
requirements of the Building Code.
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Section 401 is amended as follows:
The definition of "Building Code" in Section 401 is amended to read as follows:
BUILDING CODE is the California Building Code as adopted with amendments by the City
of San Rafael.
A definition for "Building Official" is added to Section 401 to read as follows:
BUILDING OFFICIAL is the Chief Building Official/Fire Marshal in the Community
Development Department of the City of San Rafael.
A definition for "Code Enforcement Manager' is added to Section 401 to read as follows:
CODE ENFORCEMENT MANAGER is the Code Enforcement Manager in the Community
Development Department of the City of San Rafael.
The definition of "Mechanical Code" in Section 401 is amended to read as follows:
MECHANICAL CODE is the California Mechanical Code as adopted with amendments
by the City of San Rafael.
The definition of "Plumbing Code" in Section 401 is amended to read as follows:
PLUMBING CODE is the California Plumbing Code as adopted with amendments by
the City of San Rafael.
Section 501 is amended to read as follows:
SECTION 501—LOCATION ON PROPERTY
All buildings shall be located with respect to property lines and to other buildings on the
same property in accordance with the applicable requirements of the Building Code.
Section 504.4 is amended to read as follows:
504.4 Hallways. All public hallways, stairs and other exitways shall be adequately lighted at
all times in accordance with the applicable requirements of the Building Code.
Section 504.5 is amended to read as follows:
505.5 Water Closet Compartment. Walls and floors of water closet compartments, except
In dwellings, shall be finished in accordance with the applicable requirements of the Building
Code.
Section 701.1 is amended to read as follows:
701.1 Heating. Dwelling units, guest rooms and congregate residences shall be provided
with heating facilities capable of maintaining a room temperature of 70 degrees F at a point 3
feet above the floor in all habitable rooms. Such facilities shall be installed and maintained
in a safe condition and in accordance with the Building Code, the Mechanical Code and all
other applicable laws. Unvented fuel -burning heaters are not permitted. All heating devices
or appliances shall be of an approved type.
15
Section 801 is amended to revise the second sentence to read as follows:
All buildings or portions thereof shall be provided with exits, exitways and appurtenances in
accordance with the applicable requirements of the Building Code.
Section 901 is amended to read as follows:
SECTION 901—GENERAL
All buildings or portions thereof shall be provided with the degree of fire -resistive
construction as required by the Building Code for the appropriate occupancy, type of
construction and location on the property, and shall be provided with the appropriate fire -
extinguishing systems or equipment in accordance with the applicable requirements of the
Building Code.
12.26.030 Enforcement and penalties.
A. In addition to the enforcement powers and/or remedies provided in this chapter, both the
Building Official and the Code Enforcement Manager shall have the power to enforce the
provisions of this chapter as provided in Chapters 1.40, 1.42, 1.44, and 1.46.
B. The violations of the Uniform Housing Code as adopted in this chapter are
misdemeanors/infractions and are subject to the penalties set forth in Section 1.42.010 of the
San Rafael Municipal Code.
DIVISION 6. Chapter 12.28 of the Municipal Code of the City of San Rafael is hereby
amended to read as follows:
Chapter 12.28
UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS
Sections:
12.28.010 Adoption of Uniform Code for the Abatement of Dangerous
Buildings, 1997 Edition, with amendments.
12.28.020 Amendments to the Uniform Code for the Abatement of
Dangerous Buildings.
12.28.030 Enforcement and Penalties
12.28.010 Adoption of Uniform Code for the Abatement of Dangerous
Buildings, 1997 Edition, with amendments.
The City Council adopts, for the purpose of providing a just, equitable and practicable method
whereby buildings or structures which endanger the life, limb, health, morals, property, safety or
welfare of the general public or their occupants, may be required to be repaired, vacated, or
demolished, that certain code known as the Uniform Code for the Abatement of Dangerous
16
Buildings, 1997 Edition, as published by the International Conference of Building Officials,
hereinafter "Uniform Code for the Abatement of Dangerous Buildings," save and except such
portions as are hereinafter changed, added thereto, or amended by Section 12.28.020 of this
chapter. Not less than one copy of said code shall be maintained by the office of the City Clerk.
12.28.020 Amendments to the Uniform Code for the Abatement of Dangerous
Buildings.
The Uniform Code for the Abatement of Dangerous Buildings is amended or modified as follows:
Section 103 is amended to read as follows:
SECTION 103—ALTERATIONS, ADDITIONS AND REPAIRS
All buildings or structures which are required to be repaired under the provisions of this code shall be
subject to the provisions of the California Existing Building Code, as contained in Title 24, Part 10 of
the California Code of Regulations.
Section 201.3 is amended to read as follows:
Section 201.3. Right of Entry. Whenever necessary to make an inspection to enforce any of the
provisions of this title, or whenever the Building Official or his authorized representative has
reasonable cause to believe that there exists in any building or upon any premises an immediate
threat to health and safety, the Building Official or his authorized representative may enter such
building or premises at all reasonable times to inspect the same or to perform any duty imposed
upon the Building Official by this code; provided, that if such building or premises be occupied he
shall first present proper credentials and demand entry; and if such building or premises be
unoccupied he shall first make a reasonable effort to locate the owner or other persons having
charge or control of the building or premises and demand entry. If such entry is refused, the Building
Official, or his authorized representative, shall have recourse to every remedy provided by law to
secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil
Procedure of the State of California.
Section 203 is deleted.
Section 204 is amended to read as follows:
SECTION 204—INSPECTION OF WORK
All buildings or structures within the scope of this code and all construction or work for which
a permit is required shall be subject to inspection by the Building Official as provided in this
code and in accordance with the applicable requirements of the Building Code.
Section 205 is amended by adding thereto the following:
Nothing contained in this section shall prevent the Mayor or City Council from appointing the
Mayor and City Council as the Board of Appeals.
Section 301 is amended as follows:
The definition of "Building Code" is amended to read as follows:
BUILDING CODE is the California Building Code as adopted with amendments by the City
of San Rafael.
A definition of "Building Official' is added to read as follows:
17
BUILDING OFFICIAL is the Chief Building Official/Fire Marshal in the Community
Development Department of the City of San Rafael.
12.28.030 Enforcement and penalties.
A. In addition to the enforcement powers and/or remedies provided in this chapter, the Building
Official shall have the power to enforce the provisions of this chapter as provided in Chapters
1.40, 1.42, 1.44, and 1.46.
B. The violations of the Uniform Code for the Abatement of Dangerous Buildings as adopted in
this chapter are misdemeanors/infractions and are subject to the penalties set forth in Section
1.42.010 of the San Rafael Municipal Code.
DIVISION 7. California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5
require that findings be made in order to change or modify building standards found in the
California Building Standards Code based on local climatic, geologic, or topographic conditions.
Therefore, the San Rafael City Council hereby finds that these changes or modifications to the
Building Code as adopted in Chapter 12.12 of the San Rafael Municipal Code are reasonably
necessary because of the following local climatic, geological and topographical conditions:
I. Climatic conditions:
a. Most of the annual rainfall in San Rafael occurs during the winter; it receives no measurable
precipitation between May and October. During this time, temperatures average between 70
and 90 degrees. These conditions eliminate most of the moisture in the natural vegetation
and heavily wooded hillsides. The area also suffers periodic droughts that can extend the
dry periods to other months of the year. These conditions can be further exacerbated by
occasional off -shore hot, dry, Santa Ana winds.
b. Most of the annual rainfall in San Rafael occurs during the winter, and some portions of San
Rafael are subject to tidal influences; there are times that flooding conditions occur in low-
lying areas.
H. Geologic conditions:
a. San Rafael lies near several earthquake faults, including the very active San Andreas fault;
there are significant potential hazards such as road closures, fires, collapsed buildings, and
isolation of residents requiring assistance.
b. Many areas of the city, including some highly developed industrial and commercial areas,
are located on bay alluvial soils which are subject to liquefaction in the event of an
earthquake.
III. Topographic conditions:
a. Much of San Rafael is located in hilly areas, and many of the residential areas are heavily
landscaped, and many exist adjacent to hilly open space areas which are characterized by
dry vegetation and have limited access. In addition, the steepness of grades located in the
hills and canyons results in narrow and winding roads, and limited water supply.
In
b. The major arterial route between San Francisco and Marin and Sonoma county areas,
Highway 101, bisects the City of San Rafael; should that highway become impassable,
alternative routes via surface streets in San Rafael may cause heavy traffic congestion,
limiting emergency access.
More specifically, the above modified building standards are listed below with the corresponding
climatic, geological or topographical condition which necessitates the modification.
Section Number Climatic, geological and topographical condition
501.2
Ia, Ila, IIIa
903.2
Ia, Ha, IIIa,IIIb
907.2.2.1
Ia, IIIa
1013.1
Ib, Ila
1026.6
IIa, IIb
1027.5.2
Ia, Ila, Ilb, IIIb
1406
Ia
1505.1
Ia
1510
Ia
DIVISION 8. All former Ordinances or parts thereof conflicting or inconsistent with the
provisions of this Ordinance codified in this chapter or the Code hereby adopted are hereby
repealed.
DIVISION 9. If any section, subsection, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portion of
this Ordinance. The City Council of the City of San Rafael hereby declares that it would have
adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective
of the fact that any one or more sections, subsections, sentences, clauses or phrases shall be declared
invalid.
DIVISION 10. A Summary of this Ordinance shall be published and a certified copy of the
full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to
the Council Meeting at which it is adopted.
This Ordinance shall be in full force and effective on January 1, 2008, and the Summary of
this Ordinance shall be published within fifteen (15) days after the adoption, together with the
names of the Councilmembers voting for or against same, in the Marin Independent Journal, a
newspaper of general circulation published in the City of San Rafael, County of Marin, State of
California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City
Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
19
Attest:
g0A4&*A- '1F-
JL/ANNE M. LEONCINI, City Clerk
z
ALBE T JBO., Mayor6
The foregoing Ordinance No. 1863 was read and introduced at a Regular meeting of the City
Council of the City of San Rafael, held on the 5th day of November, 2007 and ordered passed to
print by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Cohen, Heller, Miller, Phillips and Mayor Boro
None
None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular meeting of the
council to be held on the 19th day of November, 2007.
JVA1�NE M. LEONCINI, City Clerk
20