HomeMy WebLinkAboutOrdinance 1889 (Various Code Amendments)CLERK'S CERTIFICATE
I, ESTHER C. BEIRNE, 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. 1889 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 12.04, 12.12, 12.14, 12.16, 12.20,12.44, AND 12.46 THERETO,
AND DELETING CHAPTERS 12.24, 12.26, 12.28, 12.32, AND 12.38, AND
ADDING CHAPTERS 12.13, 12.21 AND 12.23 ADOPTING THE CALIFORNIA
BUILDING CODE, 2010 EDITION, WITH AMENDMENTS; THE CALIFORNIA
RESIDENTIAL CODE, 2010 EDITION, WITH AMENDMENTS; THE
CALIFORNIAL MECHANICAL CODE, 2010 EDITION, WITH
AMENDMENTS; THE CALIFORNIA PLUMBING CODE, 2010 EDITION,
WITH AMENDMENTS, THE CALIFORNIA ELECTRICAL CODE, 2010
EDITION, WITH AMENDMENTS; THE INTERNATIONAL PROPERTY
MAINTENANCE CODE, 2009 EDITION, WITH AMENDMENTS; THE
CALIFORNIA GREEN BUILDING STANDARDS CODE WITH
AMENDMENTS; ADOPTING ENFORCEMENT AND PENALTIES
PROVISIONS FOR THE FOREGOING CODES; AND ADOPTING FINDINGS
OF FACT SUPPORTING THE AMENDMENTS TO THE 2010 CALIFORNIA
BUILDING CODE, 2010 CALIFORNIA RESIDENTIAL CODE, AND THE 2010
GREEN BUILDING STANDARDS 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 1 st day of November, 2010, a
SUMMARY of Ordinance No. 1889 was published as required by City Charter in the MARIN
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 15th day of November, 2010, by the following vote, to wit:
AYES COUNCILMEMBERS: Brockbank, Heller, Levine & Vice -Mayor Connolly
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
WITNESS my hand and the official
seal of the City of San Rafael this
17th day of November, 2010
ESTHER C. BEIRNE
City Clerk
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF
THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY AMENDING
CHAPTERS 12.04, 12.12, 12.14, 12.16, 12.20,12.44, AND 12.46 THERETO,
AND DELETING CHAPTERS 12.24, 12.26, 12.28, 12.32, AND 12.38, AND
ADDING CHAPTERS 12.13, 12.21 AND 12.23 ADOPTING THE CALIFORNIA
BUILDING CODE, 2010 EDITION, WITH AMENDMENTS; THE
CALIFORNIA RESIDENTIAL CODE, 2010 EDITION, WITH AMENDMENTS;
THE CALIFORNIAL MECHANICAL CODE, 2010 EDITION, WITH
AMENDMENTS; THE CALIFORNIA PLUMBING CODE, 2010 EDITION,
WITH AMENDMENTS, THE CALIFORNIA ELECTRICAL CODE, 2010
EDITION, WITH AMENDMENTS; THE INTERNATIONAL PROPERTY
MAINTENANCE CODE, 2009 EDITION, WITH AMENDMENTS; THE
CALIFORNIA GREEN BUILDING STANDARDS CODE WITH
AMENDMENTS; ADOPTING ENFORCEMENT AND PENALTIES
PROVISIONS FOR THE FOREGOING CODES; AND ADOPTING FINDINGS
OF FACT SUPPORTING THE AMENDMENTS TO THE 2010 CALIFORNIA
BUILDING CODE, 2010 CALIFORNIA RESIDENTIAL CODE, AND THE
2010 GREEN BUILDING STANDARDS CODE.
THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1.
Chapters 12.24, 12.26, 12.28, 12.32 and 12.38 of the Municipal Codes of the City of San
Rafael are here by deleted.
DIVISION 2.
Chapter 12.04 of the Municipal Code of the City of San Rafael is hereby amended to read
as follows:
Chanter 12.04
BUILDING DIVISION and DESIGNATION
of
CHIEF BUILDING OFFICIAL
Sections:
12.04.010 Building Division.
12.04.020 Designation of Chief Building Official.
12.04.030 Repeal of Confliction Sections.
12.04.010 Building Division.
There is established within the community development department the "building
division," which shall be under the direction, control and supervision of the chief building
official.
12.04.020 Designation of the Chief Building Official.
Wherever the terms, "building official," "administrative authority," "chief building
inspector," "chief electrical inspector", "building inspector", and "authority having jurisdiction"
appear in the San Rafael Municipal Code, or in those codes therein adopted by reference, they
shall mean the "chief building official," or his or her designated representative.
12.04.030 Repeal of Conflicting Sections.
All sections within the San Rafael Municipal Code, and those codes therein adopted by
reference, which are in conflict with the provisions of this chapter, are hereby repealed.
DIVISION 3.
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 "2010 California Building Code", (based on the International
Building Code, 2009 Edition, with California amendments), with
amendments.
12.12.020 Amendments to the California Building Code.
12.12.030 Enforcement and Penalties.
2
12.12.010 Adoption of "2010 California Building Code", (based on the International
Building Code, 2009 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 2010 California Building Code, (based on the International Building
Code, 2009 Edition), Volumes 1 and Volume 2 in its entirety, including the following
appendices: Appendices C, 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.
12.12.20 Amendments made to the California Building Code.
The California Building Code is amended or modified as follows:
Section 1.8.5 "Right of Entry for Enforcement" is amended to read as follows:
1.8.5.1 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 1.8.8.1 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 and the housing appeals board.
Section 104.3 is amended to add the following language:
No person shall remove or deface any notice or order posted by the building official,
except as authorized by the building official.
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 systems or appliances.
105.2 Building: (7) is revised to read as follows:
(7) Painting, papering, tiling, carpeting, counter tops and similar finish work,
except that striping or 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 an 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, 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 100 dollars per day, for construction activities which occur beyond the term limit of the
original permit.
Section 109 is amended to read as follows:
109.1 [Unchanged].
109.2 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 City Council from
time to time.
109.3 [Unchanged].
109.4 Work commencing before permit issuance. 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 three times the amount of
normal permit fee for that work, and shall be in addition to the normal permit fee as specified in
the Master Fee Schedule Resolution.
109.5 After-hours inspection fees. An after-hours inspection is an inspection
conducted outside of normal work hours; 8:30 AM — 5:00 PM, Monday — Friday. Where an
after-hours inspection is performed before or following normal work hours, that inspection may
be charged by the hour. Where an inspector is called back to duty to perform an after hours
inspection, that inspection may be charged at four (4) hours minimum, then by the hour for any
additional hours required over four (4). The after hours inspection fee may be charged at a rate
of one and one-half (1'/2) times the fully burdened hourly rate as published by the city's Finance
Director.
4
109.6 [Unchanged].
Section 113.3 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.
Section 202 is amended to add the following definitions:
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.
SUBSTANTIAL REMODEL. Substantial remodel shall mean the alteration of any
structure which combined with any additions to the structure, performed within any three (3)
year period, affects a floor area which exceeds fifty percent (50%) of the existing floor area of
the structure. When any structural changes are made in the building, such as walls, columns,
beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations,
piles or retaining walls or similar components, the floor area of all rooms affected by such
changes shall be included in computing floor areas for purposes of applying this definition. This
definition does not apply to the replacement and upgrading of residential roof coverings or
exterior wall finishes.
Section 501.2 is amended to read as follows:
501.2 Address numbers. All new and existing 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 address number. The Building Official 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 Building Official. Address numbers shall be installed as described in City of San
Rafael Standard "Premises Identification" as approved from time to time by the Building
Official.
Section 502.1 is amended as follows:
The definition of "GRADE PLANE" is amended to read as follows:
GRADE PLANE. A reference plane representing the average of finished ground level
adjoining the building at exterior walls. Where the finished ground level slopes away from the
exterior walls, the reference plane shall be established by the lowest points within the area
between the building and the lot line or, where the lot line is more than 5 feet from the building,
between the building and a point 5 feet from the building.
Section 903.2 is hereby amended 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: 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.
2. Newly created, attached, second dwelling units which meet the definition
of a substantial remodel.
3. All other existing buildings, where required by the Fire Chief 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.
b. All buildings in excess of three thousand (3,000) square feet which
have more than ten percent (10%) floor area added within any three (3) year period.
C. A change in the use of a building that results in a higher fire or life
safety hazard when the square footage of the area changing use is more than 50% of the square
footage of the existing building.
d. Where fire sprinklers are required by the provisions above, they
shall be extended throughout the building.
4. In all residential buildings required to be sprinklered as provided above,
attached garages and attics designed for storage or containing mechanical equipment shall also
be sprinklered.
5. In all Group R-1 and R-2 residential occupancies required to sprinklered
above, the attics shall be fully sprinklered in accordance with NFPA 13.
6. All single family dwellings required to be sprinklered above, which are in
excess of five thousand (5,000) square feet shall have an automatic fire sprinkler system
designed and installed in accordance with NFPA 13 or NFPA 13R.
7. All public storage facilities.
8. All tunnels used for the transportation of people or any type of vehicle.
The requirements for fire sprinkler systems in this code section are not meant to
disallow the provisions for area increase, height increase, or fire -resistive -rated substitution if
otherwise allowed by the Building Code or Residential Code.
C:
Sections 903.2.1 through 903.2.17 remain the same.
Section 903.2.18 is hereby modified by deleting the exception.
Section 1013.1 is amended by adding the following sentence:
Guards also shall be located at waterfront bulkheads, fixed piers, and gangways.
Section 1029.6 is added as follows:
1029.6 Hotel window fall prevention. Operable windows in hotels located
within this jurisdiction shall be in accordance with this section.
1029.6.1 New hotels. All new hotels, on all floors, shall have window
stops installed to prevent the windows from being opened more than four inches (4") when the
window sill height is less than forty-two inches (42") above the floor.
1029.6.2 Existing hotels. All existing hotels shall have window openings
that comply with the following:
1029.6.2.1 Floors one through three. All existing hotels, on floors one
through and including three, shall have no operable window openings such that the bottom edge
of the opening, on the interior of the room, is less than forty-two inches (42") above the floor
level.
Exception 1: If the level of the ground or walkway on the exterior of the
room is no more than thirty inches (30") below the window sill.
Exception 2: If automatic fire sprinklers are installed throughout the
building, window stops may be installed to limit the opening to no more than four inches (4").
1029.6.2.2 Floors above the third floor. All existing hotels, on floors
above the third floor, shall have window stops installed to prevent the windows from being
opened more than four inches (4") if window sill heights are less than forty-two inches (42")
above the floor.
1029.6.3 Clear area adjacent to window opening. There shall be no
furniture, fixed or moveable, placed within thirty-six inches (36") of any openable portion of a
window. Hotels shall also provide notice to prospective guests of this requirement.
Section 1505.1 is amended to delete the last sentence, with the exception remaining.
Section 1505.1.3 is amended to read as follows:
1505.1.3 Roof coverings within all other areas. The entire roof covering of
every existing structure, where more than 50% of the total roof area is replaced within any one -
7
year period, the entire roof covering of every new structure, and any roof covering applied in the
alteration, repair or replacement of the roof of every existing structure, shall be a fire -retardant
roof covering that is at least class A.
Table 1505.1 is deleted.
Section 1807 is amended by adding the following subsection:
1807.2.4 Wooden retaining walls. Wooden retaining walls may not be used to
support any building or vehicular way. In addition, wooden retaining walls shall not be
employed to retain soils above a building where failure of the wall would subject building to
damage.
Appendix J "GRADING" is amended as follows:
Section J103.3 is added to read as follows:
J103.3 Grading Permit Fees. Fees shall be as set forth in the Master Fee
Schedule Resolution adopted by the City Council from time to time.
Section J110.3 is added to read as follows:
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 chief 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 4.
Chapter 12.13 of the Municipal Code of the City of San Rafael is hereby added to read as
follows:
Chapter 12.13
CALIFORNIA RESIDENTIAL CODE
8
Sections:
12.13.010 Adoption of "2010 California Residential Code", (based on the
International Residential Code, 2009 Edition, with California
amendments), with amendments.
12.13.020 Amendments to the California Residential Code
12.13.030 Enforcement and Penalties
12.13.10 Adoption of "2010 California Residential Code", (based on the International
Residential Code, 2009 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 2010 California Residential Code, (based on the International
Residential Code, 2009 Edition), in its entirety, including the following appendices: Appendices
F, G and H, as published by the California Building Standards Commission in the California
Code of Regulations, Title 24, Part 2.5, hereinafter referred to as the "California Residential
Code", save and except such portions as are hereinafter changed or modified by Section
12.13.020 of this chapter. Not less than one copy of said code shall be maintained by the office
of the City Clerk.
12.13.20 Amendments made to the California Residential Code.
The California Residential Code is amended or modified as follows:
Section 1.8.4, "Right of Entry for Enforcement" is amended to read as follows:
1.8.4.1 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 1.8.7.1 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 R104.6 is amended to add the following phrase to the end of the last sentence:
9
"..., including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil
Procedure of the State of California."
Section R105.2 is amended as follows:
R105.2 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 systems or appliances.
R105.2 Building: (6) is revised to read as follows:
(6) Painting, papering, tiling, carpeting, counter tops and similar finish work.
Section R105.5 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, 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 of the
original permit.
Sections R108.2, 108.6 and R108.7 are amended to read as follows:
R108.2 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 City Council from
time to time.
R108.6 Work commencing before permit issuance. Any person who
commences any work on a building, structure, electrical, gas, mechanical or plumbing system
before obtaining the necessary permits may be subject to a fee equal to three times the amount of
normal permit fee for that work, and shall be in addition to the normal permit fee as specified in
the Master Fee Schedule Resolution.
R108.7 After-hours inspection fees. An after-hours inspection is an inspection
conducted outside of normal work hours; 8:30 AM — 5:00 PM, Monday — Friday. Where an
after-hours inspection is performed before or following normal work hours; that inspection shall
be charged by the hour. Where an inspector is called back to duty to perform an after hours
inspection, that inspection shall be charged at four (4) hours minimum, then by the hour for any
additional hours required over four (4). The after hours inspection fee shall be charged at a rate
of one and one-half (1'/2) times the fully burdened hourly rate as published by the city Finance
Director.
Section R112.3 is amended by adding thereto the following sentence:
10
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 R202 is amended as follows:
The definition of "GLADE PLANE" is amended to read as follows:
GRADE PLANE. A reference plane representing the average of finished ground level
adjoining the building at exterior walls. Where the finished ground level slopes away from the
exterior walls, the reference plane shall be established by the lowest points within the area
between the building and the lot line or, where the lot line is more than 5 feet from the building,
between the building and a point 5 feet from the building.
The definition of "RESIDENTIAL KITCHEN" is added to read as follows:
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.
The definition of "SUBSTANTIAL REMODEL" is added to read as follows:
SUBSTANTIAL REMODEL. Substantial remodel shall mean the alteration of any
structure which combined with any additions to the structure, performed within any three (3)
year period, affects a floor area which exceeds fifty percent (50%) of the existing floor area of
the structure. When any structural changes are made in the building, such as walls, columns,
beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations,
piles or retaining walls or similar components, the floor area of all rooms affected by such
changes shall be included in computing floor areas for purposes of applying this definition. This
definition does not apply to the replacement and upgrading of residential roof coverings or
exterior wall finishes.
Section R313.1 is revised to read as follows:
R313.1 Townhouse automatic fire sprinkler systems. An automatic residential
fire sprinkler system shall be installed in all newly constructed townhouses and in existing
townhouses where alterations and/or additions to the existing structure, performed over any 3 -
year period, qualify as a "Substantial Remodel" as defined in this code. Any addition to a
building with an existing fire sprinkler system shall have that system extended to the new
portion(s) of the building irrespective of the size of the addition.
R313.1.1 [Unchanged].
Section R313.2 is revised to read as follows:
R313.2 One and two - family dwellings automatic fire sprinkler systems. An
Automatic residential fire sprinkler system shall be installed in all newly constructed one- and
two- family dwellings and in existing one- and two- family dwellings where alterations and/or
additions to the existing structure, performed over any 3 -year period, qualify as a "Substantial
Remodel" as defined in this code. Any addition to a building with an existing fire sprinkler
system shall have that system extended to the new portion(s) of the building irrespective of the
size of the addition.
R313.2.1 [Unchanged].
Section R313.3.1.1 is amended as follows:
Exception #4 is deleted.
Section R319.1 is amended to read as follows:
8319.1 Address numbers. All new and existing 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 address number. The Building Official 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 Building Official. Address numbers shall be installed as described
in City of San Rafael Standard "Premises Identification" as approved from time to time by the
Building Official.
Section R902.1.3 is amended to read as follows:
R902.1.3 Roof coverings within all other areas. The entire roof covering of
every existing structure, where more than 50% of the total roof area is replaced within any one-
year period, the entire roof covering of every new structure, and any roof covering applied in the
alteration, repair or replacement of the roof of every existing structure, shall be a fire -retardant
roof covering that is at least class A.
12.13.030 Enforcement and Penalties.
A. In addition to the enforcement powers and/or remedies provided in this chapter,
the chief 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 Residential 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 12.14 of the Municipal Code of the City of San Rafael is hereby amended to read
as follows:
12
Chanter 12.14
CALIFORNIA MECHANICAL CODE
Sections:
12.14.010 Adoption of "2010 California Mechanical Code", with amendments.
12.14.020 Amendments to the California Mechanical Code
12.14.030 Enforcement and Penalties
12.14.010 Adoption of "2010 California Mechanical Code" 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 2010 California Mechanical Code, including Chapter 1 Division II as
published 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 2010 California Mechanical Code is amended or modified as follows:
Section 1.8.5, "Right of Entry for Enforcement" is amended to read as follows:
1.8.5.1 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 1.8.8.1 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.
Chapter 1 Division II "Administration" is amended as follows:
Section 110.1 is amended to read as follows:
13
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 Authority
having Jurisdiction 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 therefore, pay a fee, which fee shall be as set forth in the Master Fee
Schedule Resolution of the City Council as amended from time to time
Section 115.3 is deleted.
Section 115.6 is amended as follows:
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 amended from time to time, and
then schedule the reinspection for the next normally available time.
Table 1-1 is deleted.
Section 203.0 is amended as follows:
The definition of "AUTHORITY HAVING JURISDICTION" is amended to read as
follows:
14
AUTHORITY HAVING JURISDICTION -- The Authority Having Jurisdiction shall
mean the chief building official or his or her duly authorized representative.
12.14.030 Enforcement and Penalties.
A. In addition to the enforcement powers and/or remedies provided in this chapter,
the chief 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 6.
Chapter 12.16 of the Municipal Code of the City of San Rafael is hereby amended to read
as follows:
Chanter 12.16
CALIFORNIA PLUMBING CODE
Sections:
12.16.010 Adoption of "2007 California Plumbing Code" with amendments
12.16.020 Amendments to the California Plumbing Code
12.16.030 Enforcement and Penalties
12.16.010 Adoption of "2010 California Plumbing Code" 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 2010 California Plumbing Code, including Chapter 1 Division II, and Appendix I,
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 2010 California Plumbing Code is amended or modified as follows:
Section 1.8.5, "Right of Entry for Enforcement" is amended to read as follows:
15
1.8.5.1 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 1.8.8.1 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.
Chapter 1 Division II "Administration" is amended as follows:
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 therefore, 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 reinspection for the next normally available time.
Table 1-1 is deleted.
16
Section 203.0 is amended to read as follows:
The definition of "AUTHORITY HAVING JURISDICTION" is amended to read as
follows:
AUTHORITY HAVING JURISDICTION. The Authority Having Jurisdiction shall
mean the chief building official or his duly authorized representative.
12.16.030 Enforcement and Penalties.
A. In addition to the enforcement powers and/or remedies provided in this chapter,
the chief 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 7.
Chapter 12.20 of the Municipal Code of the City of San Rafael is hereby amended to read
as follows:
Chanter 12.20
CALIFORNIA ELECTRICAL CODE
Sections:
12.20.010 Adoption of "2010 California Electrical Code" with amendments
12.20.020 Amendments to the California Electrical Code
12.20.030 Enforcement and Penalties
12.20.010 Adoption of the "2010 California Electrical Code" 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 "2010 California Electrical Code", including Annex H, 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 12.20.020 of this
chapter. Not less than one copy of said code shall be maintained by the office of the City Clerk.
17
12.20.020 Amendments to the California Electrical Code.
The 2010 California Electrical Code is amended or modified as follows:
Article 89.108.5, "Right of Entry for Enforcement" is amended to read as follows:
89.108.5.1 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]
Article 89.108.8.1 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 and housing appeals board.
Annex H "Administration and Enforcement" is amended to read as follows:
Article 80.2 The definition for AUI'IIORITY HAVING JURISDICTION is amended to
read as follows:
AUTHORITY HAVING JURISDICTION. The Authority 1laving Jurisdiction
shall mean the chief building official or his or her duly authorized representative.
Article 80.3 is amended to read as follows:
80.3 Purpose. The purpose of this article shall be to provide for the
administration and enforcement of the California Electrical Code in nonstate-regulated buildings,
structures and applications.
Article 80.15 is deleted.
Article 80.19 Permits and Approvals is amended as follows:
Article 80.19 (E) Fees is amended to read as follows:
E. FEES. Any person desiring a permit required by this code shall, at the
time of issuance therefore, pay a fee as set forth in the Master Fee Schedule Resolution of the
City Council as adopted from time to time.
Article 80.19 (F) Inspections and Approvals is amended as follows:
18
Article 80.19 (F) (3) is amended to read as follows:
When any portion of the electrical installation within the jurisdiction of an electrical
inspector is to be hidden from view by the permanent placement of parts of the building, the
person, firm, or corporation installing the equipment shall notify the electrical inspector and such
equipment shall not be concealed until it has been approved by the electrical inspector.
Article 80.19 (F) (5) is amended to add 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 reinspection for the next normally available time.
Article 80.23(B) is deleted.
Article 80.25 Connection to Electricity Supply is amended as follows:
Article 80.25(C) is deleted, and Articles 80.25 (D) and 80.25 (E) are renumbered as
Article 80.25 (E) and 80.25 (F), respectively.
12.20.030 Enforcement and penalties.
A. In addition to the enforcement powers and/or remedies provided in this chapter,
the chief 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 8.
Chapter 12.21 of the Municipal Code of the City of San Rafael is hereby added to read as
follows:
Chanter 12.21
PROPERTY MAINTENANCE CODE
Sections:
12.21.010 Adoption of the Property Maintenance Code, 2009 Edition, with
Amendments
12.21.020 Amendments to International Property Maintenance Code
19
12.21.030 Enforcement and Penalties.
12.21.010 Adoption of International Property Maintenance Code, 2009 Edition, with
Amendments.
The City Council adopts, for the purpose of regulating and governing the conditions and
maintenance for all property, buildings and structures; by providing the standard for supplied
utilities and facilities and other physical conditions essential to ensure that structures are safe,
sanitary, and fit for occupation and use; that certain code known as the International Property
Maintenance Code, 2009 Edition including Appendix A, as published by the International Code
Conference, hereinafter referred to as the "Property Maintenance Code," save and except such
portions as are hereinafter changed, added to or amended by Section 12.21.020 of this chapter.
12.21.20 Amendments to International Property Maintenance Code.
The International Property Maintenance Code is amended or modified as follows:
Section 101.1 is amended to read as follows:
101.1 These regulations shall be known as the Property Maintenance Code of the
City of San Rafael (hereinafter referred to as "the code").
Section 102.7 is amended to read as follows:
102.7 Referenced Codes and Standards. Where the term "International
Building Code" appears in this code, it shall mean the California Building Code as adopted by
this jurisdiction with amendments. Where the term "International Fire Code appears, it shall
mean the California Fire Code as adopted the City Council with amendments. Where the term
"International Existing Building Code" appears, it shall mean the California Building Code as
adopted by the City Council with amendments. Where the term "International Fuel Gas Code"
appears, it shall mean the California Plumbing Code as adopted by the City Council with
amendments. Where the term "International Mechanical Code" appears, it shall mean the
California Mechanical Code as adopted by the City Council with amendments. Where the term
"International Plumbing Code" appears, it shall mean the California Plumbing Code as adopted
by the City Council with amendments. Where the term "International Zoning Code" appears, it
shall mean the San Rafael Municipal Code, Title 14.
Section 103 is deleted.
Section 104.3 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."
Sections 106.2, 106.3, 106.4, and 106.5 are hereby deleted.
20
Section 107.1 is amended as follows:
107.1 Notice to person responsible. Whenever the code official determines that
there has been a violation of this code or has grounds to believe that a violation has occurred,
notice may be given in the manner prescribed in the San Rafael Municipal Code Section
1.08.060 to the person responsible for the violation as specified in the code. Notices for
condemnation procedures shall also comply with Section 108.3.
Sections 107.2, 107.3, 107.4, 107.5, and 107.6 are hereby deleted.
Section 108.3 is amended as follows:
108.3 Notice. Whenever the code official has condemned a structure or
equipment under the provisions of this section, notice shall be posted in a conspicuous place in
or about the structure affected by such notice and served on the owner or the person or persons
responsible for the structure or equipment in accordance with Section 1.08.060 of the San Rafael
Municipal Code. If the notice pertains to equipment, it shall also be placed on the condemned
equipment. The notice shall be in the form prescribed in Section 1.08.060 San Rafael Municipal
Code.
Sections 109.2, 109.3, and 109.4 are amended to read as follows:
109.2 Temporary safeguards. Notwithstanding other provisions of this code,
whenever, in the opinion of the code official, there is imminent danger due to an unsafe
condition, the code official may order the necessary work to be done, including the boarding up
of openings, to render such structure temporarily safe whether or not the legal procedure herein
described has been instituted; and shall cause such other action to be taken as the code official
deems necessary to meet such emergency.
109.3 Closing streets. When necessary for public safety, the code official may
temporarily close structures and close or order the authority having jurisdiction to close,
sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same
from being utilized.
109.4 Emergency repairs. For the purposes of this section, the code official may
employ the necessary labor and materials to perform the required work as expeditiously as
possible.
Sections 109.5 and 109.6 are deleted.
Sections 110.2 and 110.3 are amended to read as follows:
110.2 Notices and Orders. All notices and orders shall comply with San Rafael
Municipal Code Chapter 1.46
21
110.3 Failure to comply. If the owner of a premises fails to comply with a
demolition order within the time prescribed, the code official may cause the structure to be
demolished and removed, either through an available public agency or by contract or
arrangement with private persons, and the cost of such demolition and removal shall be charged
against the real estate upon which the structure is located and shall be a lien upon such real
estate.
Section 111.2 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 112.4 is amended to read as follows:
112.4: Failure to comply. 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, shall be in violation of this code.
Section 202: The definition for CODE OFFICIAL is amended to read as follows:
CODE OFFICIAL. Where used in this code, the term Code Official shall refer
to the Chief Building Official, and his or her designated agents or representatives.
Section 302.4 is amended to read as follows:
302.4 Weeds. All premises and exterior property shall be maintained free from
weeds or plant growth in excess of 6 inches tall. All noxious weeds shall be prohibited. Weeds
shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs, provided
however, this term shall not include cultivated flowers and gardens.
Section 304.14 is amended to read as follows:
304.14 Insect Screens. Every door, window and other outside opening required
for ventilation of habitable rooms, food preparation areas, food service areas or any areas where
products to be included or utilized in food for human consumption are processed, manufactured,
packaged or stored shall be supplied with approved tightly fitting screens of not less than 16
mess per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a
self-closing device in good working condition.
[Exception to remain unchanged.]
Section 308.2.2 is amended to read as follows:
308.2.2 Refrigerators. Refrigerators and similar equipment not in operation shall
not be discarded, abandoned or stored on premises without first removing the doors.
22
Section 308.3.1 is amended to read as follows:
308.3.1 Garbage facilities. The owner of every dwelling shall supply one of the
following: an approved mechanical food waste grinder in each dwelling unit; and approved
incinerator unit in the structure available to the occupants in each dwelling unit; or an approved
leak proof, covered, outside garbage container. Every person maintaining or using any solid
waste can or receptacle shall keep the same clean and sanitary.
Section 308.3.1.1 is added to read:
308.3.1.1. Within all residential districts in the city, no person shall use, locate or
maintain (store) any solid waste can, garbage container or waste receptacle within the public
right of way other than on the day of removal service. Containers shall be stored out of public
view on non -service dates whenever practical; or stored nearest the main structure.
Section 602.3 is amended to read as follows:
602.3 Heat supply. Every owner and operator of any building who rents, leases
or lets one or more dwelling units or sleeping units or terms, either expressed or implied, to
furnish heat to the occupants thereof shall supply heat in order to maintain a temperature of not
less than 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.
Section 602.4 is amended to read as follows:
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied
with heat during the period in order to maintain a temperature of not less than 657 (18°C)
during the period the spaces are occupied.
[Exceptions remain unchanged.]
12.21.030 Enforcement and Penalties.
A. In addition to the enforcement powers and/or remedies provided in this chapter,
the chief 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 International Property Maintenance 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 9.
Chapter 12.23 of the Municipal Code of the City of San Rafael is hereby added to read as
follows:
23
Chapter 12.23
CALIFORNIA GREEN BUILDING STANDARDS CODE
Sections:
12.23.010 Adoption of the California Green Building Standards Code, 2010 Edition,
with amendments.
12.23.020 Amendments to California Green Building Standards Code
12.23.030 Enforcement and Penalties
12.23.010 Adoption of California Green Building Standards Code, 2010 Edition, with
Amendments.
The City Council hereby adopts, for the purpose of improving public health, safety and
general welfare by enhancing the design and construction of buildings through the use of
building practices that reduce negative environmental impact and encourage sustainable
construction practices., that certain code known as the 2010 California Green Building Standards
Code (Cal Green), as hereinafter modified or amended by Section 12.23.020 of this chapter. Not
less than one copy of said code shall be maintained by the office of the City Clerk.
12.23.020 Amendments to the California Green Building Standards Code.
The 2010 California Green Building Standards Code (Cal Green) is amended or modified
as follows:
The 2010 edition of the California Green Building Standards Code (Cal Green), known as
the California Code of Regulations, Part 11 of Title -24, is adopted with exceptions, additions,
and deletions as provided in Chapter 12.44 and 12.46 of this code. Enforcement of Chapter
12.44 and 12.46 of the San Rafael Municipal Code is equivalent to or exceeds the mandatory
requirements of the California Green Building Standards Code (Cal Green) as indicated in Table
12.23.020.
-CALGreen
GreenPoint
Rated Single
Family
4.106.2
Q 1
4.106.3
Q2
4.201.1
J2
4.303.1
G2a,b,c; G3; Q3
Table 12.23.020
GreenPoint Rated LEED
Multi -Family
Q1
Q2
J1
G 1 a,b,c,d; Q3
24
San Rafael
Municipal Code
Chapter 12.44
Chapter 12.44
Chapter 12.44
Chapter 12.44
4.303.2
G2a
G 1 c
Chapter 12.44
4.303.3
G2a,b; G3
G 1 a,b,c,d
Chapter 12.44
4.304.1
C6b
B 1 e
Chapter 12.44
4.406.1
Q4
Q4
Chapter 12.44
4.408.1-2
Ata
A2a
Chapter 12.46
4.410.1
N4
N3a
Chapter 12.44
4.503.1
Q5
Q5
Chapter 12.45
4.504.1
A5a
A3a
Chapter 12.44
4.504.2.1
K4
K4
Chapter 12.44
4.504.2.2-4
K2a; K3
K3a,c
Chapter 12.44
4.504.3-4
L3; L4
L2; L3
Chapter 12.44
4.504.5
K7
K6
Chapter 12.44
4.505.2
Q6
Q6
Chapter 12.44
4.505.3
Q7
Q7
Chapter 12.44
4.506.1
118
114d
Chapter 12.44
4.507.1
119b
113b
Chapter 12.44
4.507.2
Il l a
P.111
Chapter 12.44
702.1
Q8
Q8
Chapter 12.44
5.106.1
SS pl
Chapter 12.44
5.106.8
SS 8
Chapter 12.44
5.303.2
WE pl
Chapter 12.44
5.303.4
WE 2
Chapter 12.44
5.408.1-4
Chapter 12.46
5.410.1
MR p 1
Chapter 12.44
5.410.2-3
EA pl
Chapter 12.44
5.503.1
Chapter 12.45
5.504.3
EQ 3.1
Chapter 12.44
5.504.4.1
EQ 4.1
Chapter 12.44
5.504.4.3.1
EQ 4.2
Chapter 12.44
5.504.4.4
EQ 4.3
Chapter 12.44
5.504.4.5
EQ 4.4
Chapter 12.44
j 5.504.4.6
EQ 4.3
Chapter 12.44
j 5.504.5.3
EQ 5
Chapter 12.44
j 5.504.7
EQ p2
Chapter 12.44
5.506.1
EQ pl
Chapter 12.44
j 5.506.2
EQ 1
Chapter 12.44
5.508.1.1
EA p3
Chapter 12.44
5.508.1.2
EA 4
Chapter 12.44
12.23.030 Enforcement and Penalties.
A. In addition to the enforcement powers and/or remedies provided in this chapter,
the chief 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.
25
B. The violations of the California Green Standards 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 10.
Chapter 12.44 (Green Building Requirements) of the Municipal Code of the City of San
Rafael is hereby amended to read as follows:
Chanter 12.44
GREEN BUILDING REQUIREMENTS
Sections:
12.44.010 Purpose
12.44.020 Applicability
12.44.030 Definitions
12.44.040 Covered Projects -- Standards for Compliance
12.44.050 Incentives for Compliance
12.44.060 Administrative Procedures
12.44.070 Exemptions
12.44.080 Appeal
12.44.010 Purpose.
The purpose of this Chapter is to enhance the long-term public health and welfare by
contributing to the overall reduction of greenhouse gas production and emissions and improving
the environmental and economic health of the City through the efficient design, construction,
operation, maintenance and deconstruction of buildings and site development by incorporating
green building practices and materials. The green building provisions referenced in this Chapter
are designed to achieve the following objectives:
A. Increase energy efficiency in buildings;
B. Encourage water and resource conservation;
012
C. Reduce waste generated by construction projects;
D. Reduce long-term building operating and maintenance costs; and
E. Improve indoor air quality and occupant health; and
F. Contribute to meeting the state and local commitments to reduce greenhouse gas
production and emissions.
G. Meet or exceed all applicable mandatory measures of the 2010 California Green
Building Standards Code (Title 24, Part 11) of the California Code of Regulations.
12.44.020 Applicability.
The provisions of this Chapter shall apply to all construction or development projects
defined below as a "Covered Project."
12.44.030 Definitions.
For the purposes of interpreting this Chapter and the associated Standards for
Compliance, the following terms are defined as follows. When the definitions below differ from
those contained elsewhere in this Title, the provisions of this Chapter shall apply.
A. "Addition" means the addition of building square footage to an existing structure.
B. "BIG" means Build It Green, a non-profit organization which established and
maintains the Green Point Rated system for evaluating and certifying residential green buildings
and green building professionals.
C. "BPI" means the Building Performance Institute, a non-profit organization which
provides training and certification of green building professionals.
D. "Building envelope" means the ensemble of exterior and demising partitions of a
building and roof structure that enclose conditioned space.
E. "Compliance threshold" means the minimum number of points or rating level
required to be achieved by a particular Covered Project as set forth by the Standards for
Compliance outlined in Section 12.44.040.
F. "Conditioned space" means any area within a building or structure that is heated
or cooled by any equipment.
G. "Covered project" means a development project for which one or more building
permits are required for new construction as set forth by the Standards for Compliance outlined
in Section 12.44.040.
27
H. "GBCI" means the Green Building Certification Institute, a non-profit
organization which certifies green buildings and green building professionals under the LEEDS
rating system.
I. "Green building" means a comprehensive process of design and construction that
employs techniques to increase the efficiency of resource use, including energy, water and
building materials, while minimizing adverse impacts on human health and the natural
environment.
J. "Green building checklist" means a checklist or rating sheet used for calculating a
green building rating.
K. "Green building rating system" means a standardized rating system providing
specific criteria to determine the level of compliance of building projects as set forth by the
Standards for Compliance outlined in Section 12.44.040.
L. "GreenPoint Rated" means a residential building certified as complying with the
green building rating systems developed by the Build It Green organization.
M. "GreenPoint Rater" means an individual certified by Build It Green as capable of
evaluating and rating residential construction projects for compliance with the GreenPoint Rated
green building rating systems.
N. "HERS" means the Home Energy Rating System adopted by the California
Energy Commission.
O. "LEEDS" means the "Leadership in Energy and Environmental Design" green
building rating system developed by the U.S. Green Building Council.
P. "LEEDS AP" means an individual who has been certified a LEEDS Accredited
Professional by the U.S. Green Building Council or the Green Building Certification Institute as
capable of evaluating and rating construction projects for compliance with the LEEDS green
building rating systems.
Q. "Net Zero Energy" means a building that has a net annual Time Dependent
Valued (TDV) Energy Consumption, as defined by Title 24 of the California Code of
Regulations, of zero, accounting for both energy consumption and the use of on-site renewable
energy production.
R. "New construction" means the construction of a new or replacement residential
dwelling unit or a new or expanded non-residential building.
S. "Qualified green building rater" means an individual who has been trained and
certified as a LEEDS AP, GreenPoint Rater or has similar qualifications and certifications if
acceptable to the Chief Building Official.
28
T. "Renovation" means any remodeling, modification or tenant improvement to an
existing building that includes replacement or alteration of at least two of the following:
heating/ventilating/air conditioning system, building envelope, hot water system or lighting
system, but excluding improvements and project valuation related to seismic or disabled access,
building replacement due to catastrophic loss due to flood or earthquake damage or installation
of renewable energy systems. Renovation shall include any addition of conditioned space to an
existing dwelling unit.
U. "USGBC" means the U.S. Green Building Council, a non-profit organization
which established and maintains the LEED® rating systems for evaluating and certifying
residential green buildings and green building professionals.
12.44.040 Covered Projects - Standards for Compliance.
A. Standards for Compliance
All covered projects shall be constructed using the "Standards for Compliance"
applicable to those covered projects, which standards shall include, but not be limited to, the
green building rating system(s) applicable to various types and sizes of covered projects;
minimum compliance thresholds for various types and sizes of covered projects; and methods for
verification of compliance with the adopted standards. Green building Standards for Compliance
for new or renovated residential projects are listed in Table 12.44.040A and for new or renovated
non-residential projects in Table 12.44.040B.
B. In applying Standards for Compliance under this chapter:
1. Cumulative new construction or renovations over any one-year period
shall be considered as a single Covered Project, and subject to the highest compliance threshold
based on the cumulative project size or valuation.
2. The Chief Building Official shall determine the appropriate project
valuation based on the cost of similar improvements, and may request substantiating
documentation from the applicant. The following shall not be included in project valuation:
disabled access.
earthquake damage.
a. Improvements primarily intended for seismic upgrades or required
b. Building replacement due to catastrophic loss due to flood or
C. Installation of renewable energy systems.
3. The Chief Building Official may determine that an alternative green
building rating system may be used to determine project compliance, where it can be
demonstrated that the alternative rating system is as stringent as or greater in terms of reduced
FM
energy and resource use and improved interior air quality than that normally required by the
Standards for Compliance.
4. Mixed use (residential and non-residential) projects must comply either
with the applicable Covered Project requirements for the respective residential and non-
residential portions of the project, or may propose to utilize a mixed use rating system, subject to
approval by the Chief Building Official. -
5. The cost of reviewing any proposals requesting the use alternate green
building rating systems or requests for exemptions including, but not limited to, the cost to the
city of hiring a consultant to review the proposal, shall be borne by the applicant.
6. All buildings submitted for permit must meet all applicable requirements
of the 2010 California Energy Code (Title 24, Part 6) California Code of Regulations ("C.C.R.")
and referenced standards or subsequently adopted state energy standards, as well as all applicable
requirements of the 2010 Green Building Standards Code (Title 24, Part 11) C.C.R, or
subsequently adopted state green building standards.
7. The applicable green building rating system shall be that which is most
recently adopted by Build It Green or the U.S. Green Building Council. The green building
rating system in effect at the time of building permit submittal shall be that which is applicable to
the development project throughout the project construction.
8. A solar photovoltaic (PV) energy system may be used to meet the Energy
Budget Below CA Title 24 Part 6 requirements of this resolution which exceed 15%. To qualify
for energy credits, the PV energy system must be capable of generating electricity from sunlight,
supply the electricity directly to the building and the system is connected, through a reversible
meter, to the utility grid. The installation of any qualifying PV energy system must meet all
installation criteria contained in the California Energy Commission's Guidebook "Eligibility
Criteria and Conditions for Incentives for Solar Energy Systems." The methodology used to
calculate the energy equivalent to the PV credit shall be the CECPV Calculator, using the most
recent version, provided by the California Energy Commission.
TABLE 12.44.040A: GREEN BUILDING STANDARDS FOR COMPLIANCE
FOR RESIDENTIAL CONSTRUCTION AND RENOVATION
Covered Project Green Building Minimum Compliance Energy Budget Below Verification
Ratine Svstem Threshold I CA Title Below 24 Part 6
Accessory building GPR New Home 50 points' n/a Green Point Rater'
(w/o kitchen)
New dwelling up to GPR New Home 75 points' 15% Green Point Rated
2,499 sq. ft.
New dwelling GPR New Home 100 points' 15% Green Point Rated
2,500-3,999 sq. ft.
30
New dwelling GPR New Home 125 points' 20% Green Point Rated
4,000-5,499 sq. ft.
New dwelling GPR New Home 150 points' 30% Green Point Rated
5,500-6,999 sq. ft.
New dwelling GPR New Home 200 points' Net zero energy Green Point Rated`'
7,000+sq. ft.
Less than $50,000 n/a
Insulate exposed hot City building
valuation
water pipes; Install
inspector
valuation
radiant barrier when
reroofing and removing
$150,000-$299,999
sheathing
$50,000-$99,999 GPR Existing
Checklist submittal and City plan check
valuation Home
completion of a HERS11
or BPI home performance
$300,000+ valuation
audit
$100,0004149,999
GPR Existing
25 points
GreenPoint Rater'
valuation
5
Home Elements
$150,000-$299,999
GPR Existing
35 points
GreenPoint Rater3
valuation
Home - Elements 5
$300,000+ valuation
GPR Existing
50 points + 20%
GreenPoint Rater3
Home - Whole
improvement in HERSII
House 5
or BPI home performance
audit results or a
minimum HERSH score
of 100
construction
Less than 1,000 s q•
GPR Multi -Family
0•
60 points` 15 ro
GreenPoint Rated 3
ft. average unit size
1,000+ sq. ft.
GPR Multi -Family
75 points'` 150o
GreenPoint Rated'
average unit size
' To achieve compliance with the California Green Building Code, the following GPR measures are required: Ata;
A5a; G2a,b,c; G3; HIa; H8; H9b; J2 ;K2a K3; K4; K7; L3; L4; N4; Q1; Q2; Q5; Q6; Q7; Q8
Z To achieve compliance with the California Green Building Code, the following GPR measures are required: Ata;
A3a; B 1 e; G 1 a,b,c,d; H3b; H4d; JI; K3a,c; K4; K6; L2; L3; PHI; N3a; Q 1; Q2; Q3; Q4; Q5; Q6; Q7; Q8
' Project verification by GreenPoint Rater (may be a member of the project design team). Certification by Build It
Green recommended but not required.
a Project verification by GreenPoint Rater (may not be a member of the project design team) and certification by
Build It Green.
5 "Gut remodels" which strip all interior walls to studs and replace heating systems shall achieve a minimum of 50 points
using the GPR New Home checklist, with verification by a GreenPoint Rater.
• GPR - GreenPoint Rated (the residential green building rating system created by Build It Green);
• GreenPoint Rater - a green building professional certification from Build It Green HERS Home Energy Rating System
adopted by the California Energy Commission.
• BPI - Building Performance Institute - a green building contractor and home auditor training and accreditation
organization.
31
TABLE 12.44.040B: GREEN BUILDING STANDARDS FOR COMPLIANCE
FOR NONRESIDENTIAL CONSTRUCTION AND RENOVATION
Covered Project Green Building Minimum Compliance Energy Budget Below Verification
Rating System I Threshold I CA Title 24 Part 6
Up to 4,999 sq. ft.
LEEDS New
Compliance with LEEDS
LEEDS AP with
Construction or
Prerequisites and
additional
Core & Shell
mandatory measures of the
GreenPoint Rater
California Green Building
or BPI
Code
Certification'
5,000-49,999 sq. ft.
LEEDS New
LEEDS Silver' 15%
LEEDS AP with
Construction or
additional
Core & Shell
GreenPoint Rater
or BPI
Certification '-
50,000+ sq. ft.
LEEDS New
LEEDS Gold' 15%
GBCI Certified '
Construction or
Core & Shell
Renovations
Less than $500,000
LEEDS
Voluntary compliance
None
valuation
Commercial
with the following
Interiors or
Prerequisites:
Operations &
WE P (Water Efficiency—
Maintenance
Baseline Requirements
only)'
EA P3 (Fundamental
Refrigerant Management)
for renovations of >50% of
the building interior area
Voluntary compliance
with the following Credits:
EA C1.3 (Optimize
Energy Performance
HVAC) for renovations of
>50% of the building
interior area
$500,000 - $5
LEEDS
Same as above, but
City building
million valuation
Commercial
Required.
inspector
Interiors or
Operations &
Maintenance
Greater than $5
LEEDS
LEEDS Silver
LEEDS AP with
million valuation
Commercial
additional
Interiors or
GreenPoint Rater
Operations &
or BPI
Maintenance
Certification
1 To achieve compliance with the California Green Building Code, the following LEED® measures are required:SS8; WE2;
EQ3.1; EQ 1; EQ4.1; EQ4.3; EQ4.4; EQ5;and EA4
2 In addition to verifying LEED® measures, the LEEP AP shall also verify compliance with the following requirements of the
California Green Building Code: 5.303.2.1; 5.303.6; and 5.407.2
32
3 Applicable only to fixtures within area of renovation or restrooms associated with area of renovation.
• LEED® Leadership in Energy and Environmental Design — a green building rating system developed by the US Green
Building Council
• LEEDS' AP - LEED Accredited Professional a green building professional certification for project designers from
the US Green Building Certification Institute
• GreenPointRater -- a green building professional certification from Build It Green
• BPI = Building Performance Institute - a green building contractor and home auditor training and accreditation
organization
12.44.050 Incentives for Compliance.
A. To encourage higher levels of green building compliance, projects which meet the
following enhanced green building standards are entitled to administrative and financial
incentives:
1. New single-family or duplex dwellings which achieve at least one hundred
(100) points using the most recently published edition of the New Home Construction Green
Building Guidelines and the associated GreenPoints Calculator published by Build It Green.
2. New multi -family units which achieve at least one hundred (100) points
using the most recently published edition of the Multifamily Green Building Guidelines and the
associated GreenPoints Calculator published by the Build It Green.
3. New non-residential residential construction which achieve at least a
LEEDS "Gold" rating using the most recently published version of the LEEDS for New
Construction or other more appropriate LEEDS rating system as determined by the Chief
Building Official based on the proposed construction type.
B. Administrative and financial incentives shall include all of the following:
Expedited processing of building permit plan checks,
2. Reimbursement for costs of a Certified GreenPoint Rater associated with
verification of compliance with green building regulations for residential projects, up to a
maximum of $1,000,
3. Provision of a plaque certifying the building as meeting the City's Green
Building Standards,
4. Provision of a City Green Building logo for placement on construction and
sales signage, and
5. Listing on the City's website for a period of time, as determined by the
Community Development Director.
33
12.44.060 Administrative Procedures.
The procedures for compliance with the provisions of this Chapter shall include, but not
be limited to, the following:
A. Project Design. Applicants for a Covered Project are strongly encouraged to
involve a qualified green building rater in the initial design phases of the project in advance of
submittal of an application to determine applicable green building compliance thresholds and the
most cost effective and appropriate means of achieving compliance.
B. Planning Applications. If a discretionary planning application is required for a
Covered Project, applicants should be prepared to identify expected green building measures to
be included in the project to achieve the compliance thresholds. Applicants should identify any
anticipated difficulties in achieving compliance and any exemptions from the requirements of
this Chapter that may be requested.
C. Building Plan Check Review. Upon submittal of an application for a building
permit, building plans for any Covered Project shall include a green building program
description and completed checklist. The checklist shall be incorporated onto a separate full-
sized plan sheet included with the building plans. A qualified green building rater shall provide
evidence that the project, as indicated by the project plans and green building program
description, will achieve the Standards for Compliance outlined in Section 12.44.040 prior to
issuance of a building permit.
D. Changes During Construction. During the construction process, alternate green
building measures may be substituted, provided that the qualified green building rater provides
documentation of the proposed change and the project's continued ability to achieve the
Standards for Compliance to the Chief Building Official.
E. Final Building Inspection. Prior to final building inspection and occupancy for
any Covered Project, a qualified green building rater shall provide evidence that project
construction has achieved the required compliance set forth in the Standards for Compliance
outlined in Section 12.44.040. The Chief Building Official shall review the documentation
submitted by the applicant, and determine whether the project has achieved the compliance
threshold as set forth in the Standards for Compliance outlined in Section 12.44.040. Where
subsequent certification of the building is required by the Standards for Compliance, the Chief
Building Official shall also determine whether the applicant has demonstrated that such
certification is in process and will be achieved not later than one year after approval of final
building inspection. If the Chief Building Official determines that the applicant has met these
requirements, the final building inspection may proceed.
F. Post -Final Inspection Requirement. Where certification of the building is
required by the Standards for Compliance, and such certification is only available subsequent to
occupancy of the completed building, the applicant shall provide documentation of such
certification within one year of the date of the final building inspection for the project. Failure to
provide evidence of this certification within this timeframe, or within an alternate timeframe as
34
determined by the Chief Building Official, will result in a determination that the Covered Project
is not in compliance with the requirements of this Chapter.
G. Conflict with Other Laws. The provisions of this Chapter are intended to be in
addition to and not in conflict with other laws, regulations and ordinances relating to building
construction and site development. If any provision of this Chapter conflicts with any duly
adopted and valid statutes or regulations of the federal government of the State of California, the
federal or state statutes or regulations shall take precedence.
12.44.070 Exemptions.
A. The provisions of this Chapter shall not apply to the following exemptions;
however, none of the exemptions listed shall provide the applicant with relief from the
compliance requirements of the 2008 Building Energy Efficiency Standards, California Code of
Regulations (C.C.R. Title 24, Part 6):
1. Buildings which are temporary (such as construction trailers).
2. Building area which is not or is not intended to be conditioned space.
3. Any requirements of this Chapter which would impair the historic
integrity of any building listed on a local, state or federal register of historic structures, as
determined by the Chief Building Official and as regulated by the California Historic
Building Code (C.C.R. Title 24, Part 8). In making such a determination, the Chief
Building Official may require the submittal of an evaluation by an architectural historian
or similar expert.
B. Hardship or Infeasibility Exemption. If an applicant for a Covered Project
believes that circumstances exist that make it a hardship or infeasible to meet the requirements of
this Chapter, the applicant may request an exemption as set forth below. In applying for an
exemption, the burden is on the applicant to show hardship or infeasibility, and to demonstrate
clearly the applicant's continued compliance with all requirements of the 2008 Building Energy
Efficiency Standards, California Code of Regulations (C.C.R. Title 24, Part 6).
1. Application. The applicant shall identify in writing the specific
requirements of the Standards for Compliance that the project is unable to achieve and the
circumstances that make it a hardship or infeasible for the project to comply with this Chapter.
Circumstances that constitute hardship or infeasibility shall include, but are not limited to, the
following:
a. There is a conflict between the provisions of the applicable green
building rating system and the California Building Standards Code, other State code provisions,
other requirements of this Title or conditions imposed on the project through a previously
approved planning application;
b. There is a lack of commercially available green building materials
and technologies to comply with the green building rating system;
35
C. That the cost of achieving compliance is disproportionate to the
overall cost of the project;
d. That physical conditions of the project site make it impractical to
incorporate necessary green building measures or achieve the Standards for Compliance;
e. That compliance with certain requirements would impair the
historic integrity of buildings listed on a local, state or federal list or register of historic
structures.
2. Granting of exemption. If the Chief Building Official determines that the
granting of the exemption will not cause the building to violate the compliance requirements of
the 2008 Building Energy Efficiency Standards, California Code of Regulations (C.C.R. Title 24,
Part 6), and that it is a hardship or infeasible for the applicant to fully meet the requirements of
this Chapter, the Chief Building Official shall determine the maximum feasible threshold of
compliance reasonably achievable for the project. In making this determination, the Chief
Building Official shall consider whether alternate, practical means of achieving the objectives of
this Chapter can be satisfied, such as reducing comparable energy use at an offsite location
within the City. If an exemption is granted, the applicant shall be required to comply with this
chapter in all other respects and shall be required to achieve the threshold of compliance
determined to be achievable by the Chief Building Official.
3. Denial of exception. If the Chief Building Official determines that the
granting of the exemption will potentially cause the building to violate the compliance
requirements of the 2008 Building Energy Efficiency Standards, California Code of Regulations
(C.C.R. Title 24, Part 6), or that it is reasonably possible for the applicant to fully meet the
requirements of this Chapter, the request shall be denied and the applicant shall be notified of the
decision in writing. The project and compliance documentation shall be modified to comply
with the Standards for Compliance.
12.44.080 Appeal.
Any aggrieved applicant or person may appeal a Chief Building Official determination
under this Chapter, including a determination regarding compliance with the provisions of this
Chapter and a determination on the approval or denial of an exemption under Section 12.44.070,
to the City Council by filing a written appeal with the City Clerk and paying the necessary filing
fee within ten (10) days of the determination.
DIVISION 11.
Chapter 12.46 (Construction and demolition debris) of the San Rafael Municipal Code is
hereby amended to read as follows:
36
Chanter 12.46
REQUIREMENT TO DIVERT CONSTRUCTION
and
DEMOLITION DEBRIS FROM LANDFILL
Sections:
12.46.010 Definitions
12.46.020 Threshold for covered projects
12.46.030 Submission of Waste Management Plan
12.46.040 Review of Waste Management Plan
12.46.050 Compliance with Waste Management Plan
12.46.060 Exemption
12.46.010 Definitions.
For the purposes of this Chapter, the following definitions shall apply:
A. "Applicant" means any individual, firm, limited liability company, association,
partnership, political subdivision, government agency, municipality, industry, public or private
corporation, or any other entity whatsoever who applies to the City for the applicable permits to
undertake any construction, demolition, or renovation project within the City.
B. "Construction" means the building of any facility or structure or any portion
thereof including any tenant improvements to an existing facility or structure.
C. "Construction and Demolition Debris" means used or discarded materials
removed from premises during construction or renovation of a structure resulting from
construction, remodeling, repair or demolition operations on any pavement, house, commercial
building or other structure.
D. "Conversion Rate" means the rate set forth in the standardized Conversion Rate
Table approved by the City pursuant to this Chapter for use in estimating the volume or weight
of materials identified in a Waste Management Plan.
E. "Covered Project" means a development project for which one or more building
permits are required for new construction.
37
F. "Demolition" means the decimating, razing, ruining, tearing down or wrecking of
any facility, structure, pavement or building, whether in whole or in part, whether interior or
exterior.
G. "Divert" means to use material for any lawful purpose other than disposal in a
landfill or transformation facility.
H. "Diversion Requirement" means the diversion of at least fifty (50) percent of the
total Construction and Demolition Debris generated by a Project via reuse or recycling, unless
the Applicant has been granted an Exemption pursuant to Section 12.46.060 of this Chapter, in
which case the Diversion Requirement shall be the maximum feasible diversion rate established
by the Chief Building Official for the Covered Project.
12.46.020 Threshold for Covered Projects.
A. Covered Projects: Every construction, demolition and renovation project within
the City which is 1,000 square feet or greater shall comply with this Chapter. All new non-
residential buildings shall comply with Section 12.46.060.
B. Compliance as a Condition of Approval: Compliance with the provisions of this
Chapter shall be listed as a condition of approval on any building or demolition permit issued for
a Covered Project.
12.46.030 Submission of a Waste Management Plan.
A. Waste Management Plan Forms: Applicants for building or demolition permits
for any Covered Project shall complete and submit a Waste Management Plan ("WMP"), on a
WMP form approved by the City for this purpose. The completed WMP shall indicate all of the
following:
1. The estimated volume or weight of project construction and demolition
debris, by materials type, to be generated;
2. The estimated maximum volume or weight of such materials that can
feasibly be diverted through material reuse;
3. The estimated maximum volume or weight of such materials that can
feasibly be diverted through recycling;
4. The vendor and/or facility that the Applicant proposes to use to collect or
receive said materials;
5. The estimated volume or weight of construction and demolition materials
that will be land filled.
38
B. Calculating Volume and Weight of Debris: In estimating the volume or weight of
materials identified in the WMP, the Applicant shall use the standardized Conversion Rates
approved by the City for this purpose, which shall be provided to the Applicant with the WMP
application form.
12.46.040 Review of a Waste Management Plan.
A. Approval: No building or demolition permit shall be issued for any Covered
Project unless and until the Chief Building Official has approved the WMP application.
Approval shall not be required, however, where an emergency demolition is required to protect
public health or safety, as determined by the Chief Building Official, Public Works Director or
Fire Chief. The Chief Building Official shall only approve a WMP application if he or she first
determines that all of the following conditions have been met:
1. The WMP application provides all of the information set forth in Section
12.46.030(A) of this Chapter; and
2. The WMP application indicates that at least fifty (50) percent of all
construction and demolition debris generated by the Project will be diverted, and that for
remodeling projects one hundred (100) percent of all cardboard, concrete, asphalt and metals will
be diverted.
B. Non -approval: If the Chief Building Official determines that the WMP
application is incomplete or fails to indicate that at least fifty (50) percent of all construction and
demolition debris generated by the Project will be reused or recycled, he or she shall return the
WMP application to the Applicant, including a statement of reasons and suspend issuance of
building or demolition permit applications.
12.46.050 Compliance with a Waste Management Plan.
A. Documentation: Within thirty (30) days after completion of any Covered Project,
the Applicant shall submit to the Chief Building Official documentation that it has met the
Diversion Requirement for the Project. The Diversion Requirement shall be that the Applicant
has diverted at least fifty (50) percent of the total construction and demolition debris generated
by the Project through material reuse or recycling, except that for residential and non-residential
remodeling projects one hundred (100) percent of all cardboard, concrete, asphalt and metals
shall be diverted, unless the Applicant has been granted an Exemption pursuant to Section
12.46.060 of this Chapter. This documentation shall include all of the following:
1. Receipts from the vendor or facility which collected or received each
material showing the actual weight or volume of the material received;
2. A copy of the previously approved WMP application for the Project
setting forth the actual volume or weight of each material diverted and land filled;
39
3. Any additional information the Applicant believes provides evidence of
compliance with the provisions of this Chapter.
B. Weighing of Wastes: Applicants shall make reasonable efforts to ensure that all
construction and demolition debris diverted or land filled are measured and recorded using the
most accurate method of measurement available. To the extent practical, all construction and
demolition debris shall be weighed by measurement on scales. Such scales shall be in
compliance with all regulatory requirements for accuracy and maintenance. For construction and
demolition debris for which weighing is not practical due to small size or other considerations, a
volumetric measurement shall be used. For conversion of volumetric measurements to weight,
the Applicant shall use the standardized Conversion Rates approved by the City for this purpose.
C. Determination of Compliance: The Chief Building Official shall review the
information submitted under subsection (a) of this Section and determine whether the Applicant
has complied with the Diversion Requirement.
D. Good Faith Effort to Comply: If the Chief Building Official determines that the
Diversion Requirement has not been achieved, he or she shall determine on a case-by-case basis
whether the Applicant has made a good faith effort to comply with this Chapter. In making this
determination, the Chief Building Official shall consider the availability of markets for the
construction and demolition debris, the size of the Project and the nature of its waste stream, and
the documented efforts of the Applicant to divert construction and demolition debris, and this
determination shall be made in writing with reasons stated, and shall be included in the building
permit file.
12.46.060 Excavated Soil and Land Clearing Debris.
Construction projects including a new non-residential building shall recycle or reuse all
excavated soils and rocks and all removed vegetation and stumps.
12.46.070 Exemption.
A. Application: If an Applicant for a Covered Project experiences unique
circumstances that the Applicant believes makes it infeasible to comply with the Diversion
Requirement, the Applicant may apply for an exemption at the time that he or she submits the
WMP required under Section 12.46.030(A) of this Chapter. The Applicant shall indicate on the
WMP the maximum rate of diversion that he or she believes is feasible for each material and the
specific circumstances that he or she believes makes it infeasible to comply with the Division
Requirement.
B. Meeting with Chief Building Official: The Chief Building Official shall review
the information supplied by the Applicant and may meet with the Applicant to discuss possible
ways of meeting the Diversion Requirement. Based on the information supplied by the
Applicant, the Chief Building Official shall determine whether it is possible for the Applicant to
meet the Division Requirement.
40
C. Granting of Exemption: If the Chief Building Official determines that it is
infeasible for the Applicant to meet the Division Requirement due to unique circumstances, he or
she shall determine the maximum feasible diversion rate for each material and shall indicate this
rate on the WMP application submitted by the Applicant. The Chief Building Official shall
return a copy of the WMP application to the Applicant marked "Approved for Exemption" and
place a copy in the building permit file.
D. Denial of Exemption: If the Chief Building Official determines that it is possible
for the Applicant to meet the Division Requirement, he or she shall so inform the Applicant in
writing. The Applicant shall have 30 days to resubmit a WMP application form in full
compliance with Section 12.46.030(A) of this Chapter. If the Applicant fails to resubmit the
WMP application, or if the resubmitted WMP application does not comply with Section
12.46.030(A) of this Chapter, the Chief Building Official shall deny the WMP application and
suspend issuance of building or demolition permit applications.
DIVISION 12.
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 and the
Residential Code as adopted in Chapter 12.13, are reasonably necessary because of the following
local climatic, geological and topographical conditions:
A. Climatic conditions:
1. 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 -Anna winds.
2. 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
B. Geolop-ic conditions:
1. 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.
41
2. 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.
C. Tonoizranhic conditions:
I. 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.
2. 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.
California Building Code Climatic, geological and
Section Numbers topographical conditions
501.2
903.2
907.2.2.1
1013.1
1026.6
1027.5.2
1029.6
1406
1505.1
1510
California Residential Code
Section Numbers
R313.1
R313.2
8319.1
R902.1.3
42
Ia, IIa, IIIa
Ia, IIa, IIIa,IIIb
la, IIIa
Ib, IIa
Ila, IIb
la, Ila, IIb, IIIb
IIa, Ilb
la
Ia, IIIa
la, IIIa
Climatic, geological and
topographical conditions
Ia, IIa, IIIa,IIIb
Ia, Ila, IIIa,IIIb
Ia, Ila, IIIa
Ia, Illa
The San Rafael City Council further finds pursuant to the California Health and Safety
Code Sections 17958.5, 17958.7, and 18941.5 that the changes or modifications to the Green
Building Standards Code as adopted in Chapters 12.23, 12.44, and 12.46 of the San Rafael
Municipal Code, are reasonably necessary because of the following local climatic, geological
and topographical conditions:
A. Consistent with the policies and programs of the San Rafael General Plan 2020,
including Conservation Element Policy CON -18 (Resource -Efficient Building Design), Program
CON -18a (Energy -Efficient Homes), Program CON -18b (Zoning and Building Code Review),
Program CON -18c (Use of Alternative Building Materials), Policy CON -21 (Waste
Reduction/Recycling), Program CON -21d (Demolition Waste), Policy CON -22 (Resource
Efficiency in Site Development), and Air and Water Quality Element Policy AW -8 (Reduce
Pollution from Urban Runoff) in that the proposed green building requirements will result in
greater energy efficiency and water conservation, use of recycled and sustainably produced
building materials and reduction in the waste stream through recycling and reuse of construction
debris.
B. The proposed amendments will reduce impacts on respiratory health and chemical
sensitivity of building occupants, reduce production of greenhouse gases, reduce impacts on
wildlife and vegetative habitats -and reduce generation and land filling of waste products.
C. The proposed amendments will increase building energy efficiency, which is
necessary due to the following local climatic conditions:
1. Total energy consumption from residential structures in Marin County
increased 18.5% between 1995 and 2000 and the energy use in residential and non-residential
buildings within the City of San Rafael generated 34% of the city's total annual greenhouse gas
emissions in 2005 and is forecasted to increase 9.6% for residential buildings and 13.1% for non-
residential buildings between 2005 and 2020. The increased contribution to greenhouse gas
production from local sources will contribute to overall climate change, resulting in the increased
height of San Francisco Bay, more wild land fires, reduced water supply and significantly
increased City costs for public services and infrastructure protection.
2. Predicted increases in summer temperatures and average annual
temperatures will increase the need for air conditioning, thereby increasing average load demand
and peak load demand for energy within San Rafael. This heightened demand increases the risk
of power outages and power shortages, with associated adverse public safety and economic
impacts. Decreasing energy consumption through energy efficiency and other green building
techniques reduces each of these impacts.
3. Increasing summer and year-round temperatures also adversely affect the
City's water supply, which is already subject to periodic drought conditions and potential water
cutback. Decreasing water usage through conservation, sustainable landscaping, use of drought -
tolerant and native plants, and other green building techniques reduces these adverse impacts.
43
4. Climate models predict a 4°F temperature increase in the next 20 to 40
years, with an increase in the number of long dry spells, as well as a 20-30% increase in
precipitation in the spring and fall. More frequent and heavier precipitation cause flooding and
mudslides, which would incur considerable costs in damages to property, infrastructure and even
human life. In addition, the increase of wildfires due to continued dry periods and high
temperatures is another expected impact of continued climate change. In these conditions, fires
burn hotter and spread faster.
5. In conformance with Public Resources Code Section 25402. 1 (h)(2), Gabel
Associates, LLC prepared a study which was submitted as evidence to the California Energy
Commission which demonstrated the feasibility and cost-effectiveness of the proposed municipal
code amendments, and the California Energy Commission on May 5, 2010 approved the San
Rafael Green Building Code standards for local enforcement.
DIVISION 13.
The adoption of this ordinance is categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to Section 15308 of the CEQA
Guidelines (14 Cal. Code §15308) because it is an action taken by a regulatory agency for the
protection of the environment and no exceptions to this categorical exemption apply.
DIVISION 14.
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 15.
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 16.
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, 2011, 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.
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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
Council members voting for and against the Ordinance.
ALBERTORO, Mayor
"i9MV6
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ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1889 was read and introduced at a Regular meeting of the
City Council of the City of San Rafael, held on the 1st day of November, 2010 and ordered
passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & 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 15th day of November, 2010.
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ESTHER C. BEIRNE, City Clerk
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