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Home My WebLink AboutCD Building Code; Amend MCAgenda Item No: 5. c Meeting Date: December 2, 2013 Department: Community Development/ Building Division Prepared by: Paul Jensen, Director (TA) City Manager Approva'0. SUBJECT: Consideration of Ordinance 1916 Am'ending Title 12 of the Municipal Code of the City of San Rafael, by Amending Chapters 12.12, 12.13,12.14,12.16,12.20,12.21 and 12.23,thereto, Repealing Chapters 12.30,12.44 and 12.46; Adopting the California Building Code, 2013 Edition, with Amendments; the California Residential Code, 2013 Edition with Amendments; the California Mechanical Code, 2013 Edition, with Amendments, the California Plumbing Code, 2013 Edition, with Amendments, the California Electrical Code, 2013 Edition, with Amendments, the International Property Maintenance Code, 2012 Edition, with Amendments, the California Green Building Standards Code, 2013 Edition, with Amendments; Adopting Enforcement and Penalties Provisions for the Foregoing Codes; Adopting Findings of Fact Supporting the Amendments to the 2013 California Building Code and 2013 California Residential Code; and Adopting a Finding that the Ordinance is Exempt from the California Environmental Quality Act under CEQA Guideline Section 15061 (b)(3). RECOMMENDATION: Staff recommends that the City Council: 1) open the public hearing and accept comments; and 2) adopt Ordinance 1916, adopting the 2013 California Building Code, 2013 California Residential Code, the 2013 California Electrical Code, the 2013 California Plumbing Code, the 2013 California Mechanical Code, the 2012 International Property Maintenance Code, and the 2013 California Green Building Standards Code, with local amendments. BACKGROUND: On November it 2013, the City Council passed Ordinance 1916 to print and set a public hearing for this ordinance for December 2 2013. This ordinance amends our local building regulations code (SRMC Title 12) accepting amendments to the California State construction codes (with local amendments). Every three years, the State of California updates the state construction codes. The 2013 California State construction codes have been published and will become effective January 1, 2014. While the typical process is to introduce the ordinance on the consent calendar, the matter was listed as a discussion item to promote Council feedback on the latest State requirements for green building regulations. The November 18 City Council report (attached Exhibit 1) and proposed Ordinance 1916 recommends shifting our green building regulations to the more common CalGreen system with a higher Tier 1 standard for new construction but application of the basic CalGreen standards for adons and remodels. The Council had a number of questions of staff on this issue and requested some additional information. This requested information is presented as follows - 1. Provide additional examples of Tier 1 measures and their comparison with the basic Cal Green standards. RESPONSE- The following is an overview of the prerequisites that would be required over and above the State -mandated CalGreen if Tier 1 for.RESIDENTIAL BUILDINGS is adopted by the Council Meeting: 1.1 f.:).- (o) 0 /,? Disposition: Cj9C'b tt L'P_ a 't4 Iowa, J City Council as recommended. In addition, a total of seven (7) additional elective measures (not listed here) must also be incorporated into the project to meet Tier 1 status. 0 Displaced topsoil shall be stockpiled for reuse in a designated area and covered or protected from erosion. 0 Not less than 20% of the total parking, walking, or patio surfaces shall be permeable. Driveway and entry walkway are exempted. 0 Roof covering shall be a cool (light-colored) roof. 0 The maximum flow rate at a kitchen sink faucet shall not be greater than 1.5 gallons per minute at 60 psi. Water -efficient landscape irrigation design shall be followed to reduce the use of potable water so that water usage does not exceed 65% of evapotranspiration in inches for Marin {To} times the landscape area. • Cement use in foundation mix design shall be reduced by not less than a 20% by using additives such as fly ash or slag. 0 Post -consumer or pre -consumer recycled content value (RCV) of materials used on the project shall not be less than 10% of the total material cost of the project. • At least a 65% of construction waste generated at the site shall be diverted from landfill to recycling or salvage. ® At least 90% of the resilient flooring systems installed shall be low volatile organic compounds (VOC) compliant. • Thermal insulation must meet enhanced low VOC limits The following is an overview of the prerequisites required over and above the state -mandated CalGreen if Tier 1 for NONRESIDENTIAL BUILDINGS 'is adopted by the City Council as recommended. In addition, a total of five (5) additional elective measures (not listed here) must also be incorporated into the project to meet Tier 1 status. A minimum of ten percent (10%) of total parking spaces must be designated for Fuel - Efficient Vehicles. a VA 111111111111 At least 90% of the reent flooring systems installed shall be low volatile organic compounds (VOC) compliant. 1111 11111liq 2. Provide an estimate on additional building permit plan check costs for Cal Green compliance. - RESPONSE: Our outside plan review service has stated that an additional fee of approximately $100 dollars would be charged for green building plan review on each application received by them. They process roughly 300 applications a year for us. Plan review for applications which are processed in-house would be absorbed in our normal plan review process, with no direct additional cost other than some increased time. IN 111 1111 RESPONSE: We would estimate approximately 45 minutes extra inspection time to do sit verification and to document those findings in the permit records. i 4. Provide an estimate on the cost for training the building inspectors and plan checkers on the Cal Greet standards. RESPONSE: As training is an ongoing process for building department staff, and reasonabl, priced training is provided from both CALBO and ICC for the State codes, we would not anticipat any additional training costs over and above our current budget. I 5. Provide an estimate, if possible, of the additional construction cost to the customer to comply with the Tier 1 standard. RESPONSE: Staff consulted with the Marin Builders Association as it participated in the recent BERST process. The association representative reported they have not developed any detailed construction cost estimates for applying the Cal Green system (particularly the Tier 1 measures). However, the representative reported that the association supports the Cal Green system as it presents a common application and consistency for the construction industry. Further, the association supports the Tier 1 level standards for new construction only, but would like to encourage the City to provide an incentive to the customer (e.g., a reduced permit fee) for requiring this tier. i. Explain the processing options for ordinance adoption and the implications given the State deadline of January 1, 2014. RESPONSE: The base provisions of the California Green Building Standards will become effective on January 1, 2014 statewide. No action is required from the Council for that to happen. In order for the more stringent provisions of Tier 1 to become effective, the Council would need to vote to adopt those measures for newly constructed buildings only; this action could be taken now, or deferred to a later date. Should that occur, the effective date for the more stringent measures would be at some future date to be determined. The City of Novato just adopted its building code updates, which included the adoption of the CalGreen system with the Tier I level for new construction and the basic standards for additions and remodels. The City of Novato staff indicated that they will be participating in the County of Marin effort to re -convene BERST and monitor the progress and findings in the County's cost/benefit study of options. ANALYSIS: City staff continues to recommend adoption of Ordinance 1916 with its shift to the CalGreen standards requiring the Tier 1 level standards for new construction only and requiring the basic CalGreen standards for additions and remodels. As San Rafael has been in the forefront on sustainability, staff has supported the Tier 1 standard for new construction as the basic Cal Green standards would be less robust than what is required under our current Green Point and LEED rating systems. Further, the mandatory Tier 1 measures listed on pages 2-3 of this report would better achieve the goals of the City's Climate Change Action Plan as they would further reduce GHG emissions, increase zero waste and increase water conservation. At this time, there is not a lot of information available to respond to the Council questions regarding cost implications for the contractor/building customer. As noted above, staff consulted with the Marin Builders Association, who has not estimated the additional con struction/co ntractor costs for application of either Tier 1 or Tier 2 standards; however, the association has agreed to support the Tier 1 standard for new construction. As customer costs may be a concern to the City Council, staff recommends that we actively participate i the County of Marin effort to re -convene the BERST group and monitor the progress and findings of th County cost/benefit study. Once completed, staff would report the findings of this study to the Counc and offer options for further code changes if warranted. 11 FISCAL IMPACT: There is some potential financial impact for increased costs to the City for outside plan review of the ne Green Building requirements (approximately 1 hour of review time estimated at an additional cost $100). This cost would be passed on to the customer, but would be off -set by the elimination of th current third -party rater costs. The City cost for training of staff to provide field verification of gree building standard compliance will be covered by the current Community Development Department budg for training and instruction. It has been determined that these ordinance amendments are covered by the 'general rule' that the California Environmental Quality Act (CEQA) applies only to projects which have the potential to cause a significant, physical environmental environment. Pursuant to CEQA Section 15061(b)(3), the ordinance amendments are not subject to environmental review. OPTIONS.- The City Council has the following options to consider on this matter: 1 Adopt Ordinance 1916 as proposed with the Cal Green Tier 1 standards for new construction and basic standards for remodels and additions. 2. Adopt Ordinance 1916 with minor amendments to implement CalGreen basic standards for all new construction, remodels and additions. 3. No action on Ordinance 1916, but direction for staff to prepare major amendments to Ordinance 1916 requiring further study and research (e.g., requiring CalGreen Tier 2 standards). Should the City Council decide to postpone adoption of the Ordinance, the aforementioned State i!: ., ! i effective on January 1, 2014, without the benefit of the recommended local amendments. ACTION REQUIRED -- It is recommended that the City Council open the public hearing, accept public comment and ado Ordinance 1916 adopting the 2013 California Building Code, 2013 California Residential Code, the 201 California Electrical Code, the 2013 California Plumbing Code, the 2013 California Mechanical Code, th 2013 California Green Building Standards Code and the 2012 International Property MaintenanceCod with local amendments. I EXHIBITS: Exhibit 1: City Council Staff Report, November 18, 2013 Exhibit 2: Ordinance 1916 Exhibit 3: Public Hearing Notice aIL %.,ouncil of said City, do hereby certify that the foregoing: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTERS 12.12, 12.13 12.149 12.16,12.20,12.21 and 12.23 THERETO; REPEALING CHAPTERS 12.30, 44i AND 4. ADOPTING THE CALIFORNIA BUILDINGitE, 2013 EDITION, AMENDMENTS; ♦ ! 1 RESIDENTIAL ! r i EDITION, AMENDMENTS; THE CALIFORNIAL MECHANICAL CODE, 2013 EDITION, WITH AMENDMENTS, CALIFORNIA PLUMBING CODE,iEDITION, WITH AMENDMENTS, 1 !' ♦ ELECTRICAL CODE,iEDITION, WITH AMENDMENTS; THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2012 EDITION, ♦ rMENTS; THE CALIFORNIA GR 1!1' BUILDING/ rl'r CODE 2013EDITIONAMENDMENTS; ADOPTING ENFORCEMENT AND PENALTIESPROVISIONS !' THE FOREGOINGit ADOPTING FINDINGSOF FACT SUPPORTINGAMENDMENTS ! THE 2013CALIFORNIA BUILDINGi t ♦ r THE i CALIFORNIA !♦ r, CODE , r ADOPTING 1 FINDING THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER E j GUIDELINE SECTIONi• 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 thel8th day of November, 2013; a SUMMARY of Ordinance No. 1916 was published as required by City Charter in the.MARnN UP 02 MIJ 700-m- ; rim adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City, held on the 2nd day of December, 2013, by the following vote, to wit: AYES: CO CILMEMBERS: Bushey Lang, Colin, Connolly, & Mayor Phillips NOES: CCS CILMEMBERS: McCullough ABSENT: C CILMEMBERS; None WITNESS my hand and the official Seal of of # Rafael day December, /s/ Esther C. Beime City Clerk iMW AN ORDINANCE AMENDING TITLE 12 OF THE MUNICIPAL 1 RAFAEL, BY AMENDING CHAPTERS !i AND 12.23 THERETO,, O i i / CHAPTERS ii 0 / i AND /* ADOPTING CALIFORNIA CALIFORNIA RESIDENTIAL AMENDMENTS; CALIFORNIA 11 CALIFORNIA PLUMBING CALIFORNIA 1 AMENDMENTS, INTERNATIONAL 11 ii i f MAINTENANCE AMENDMENTS, THE CALIFORNIA GREEN BUILDING STANDARDS i AMENDMENTS;EDITION, WITH ADOPTING D PENALTIES PROVISIONS i THE FOREGOING ADOPTING i FACT SUPPORTING i i AMENDMENTS CALIFORNIA BUILDING AND 2013 CALIFORNIA1 ii This Summary concerns a proposed ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 1916, which will amend. Chapters 12.12, 12.13, 12.14, 12.1 6, 12.20, 12.21 and 12.23 thereto, Repealing Chapters 12.30, 12.44 and 12.46; Adopting the California Building Code, 2013 Edition, with Amendments; the California Residential Code, 2013 Edition with Amendments; the California Mechanical Cade, 2013 Edition, with Amendments, the California Plumbing Code, 2013 Edition, with Amendments, the California Electrical Code, 2013 Edition, with Amendments, the International Property Maintenance Code, 2012 Edition, with Amendments, the California Careen Building Standards Code, 2013 Edition, with Amendments; Adopting Enforcement and Penalties Provisions for the Foregoing Codes; and Adopting Findings of Fact Supporting the Amendments to the 2013 California Building Code and 2013 California Residential Code as detailed in the complete text of Ordinance No. 1916. Ordinance No. 1916 is scheduled for adoption by the San Rafael City Council at its regular meeting of December 2, 2013. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1). amendsThis Ordinance deletes, and adds the aforementioned Chapters of the San Rafael ResidentialMunicipal Code, thereby adopting the 2013 Cali-fornia Building Code with amendments, the 2013 California amendments,, the 2013 California Mechanical amendments, the 2013 Plumbing Code with amendments, the 2013 California Electrical Code with amendments, the 2013 California Green Building Standards materials, inspections, roof coverings and materials, permit fees, penalties, permit exemptions, andmore stringent green building requirements by adopting Tier I measures as mandatory for newly constructed buildings. The Ordinance also contains the findings of fact that are required by Health & Safety Code Sections 179 58.5, 17958.7 and 18941.5 relative to local climatic, geological and topographical conditions supporting the amendments made to the building standards contained in the 2013 California Building Code, 2013 California Residential Building Code, and 2013 California Green Building Standards Code. "The Ordinance also includes a finding that the Ordinance is exempt from the California Environmental Quality Act under CEQA Guideline Section 15061(b)(3)." "For a copy of the complete text of Ordinance No. 1916, please contact the City Clerk at (415) 485-3066. Copies of Ordinance No. 1916, the 2013 California Building Code, the 2013 California Residential Code, the 2013 California Mechanical Code, the 2013 California Plumbing Code, the 2013 Electrical Code, the 2012 International Property Maintenance Code, and the 2013 California Green Building Standards Code, are also available for public review at the City Clerk's Office, 1400 Fifth Avenue, 2nd Floor, Room 209 during regular business hours, 1. to ESTHER C. BEIRNE San Rafael City Clerk Dated: May 15, 2013 AN ORDINANCE •,, ! OF 1 RAFAEL AMENDING OF MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTERS 12.12, 12.13,12.14,12.16,12.20v 12.21 and 12.23 THERETO; REPEALING CHAPTERS 12.30, J AND i ADOPTING CALIFORNIA 1 BUILDING CODE, EDITION, 1MENDMENTS; THE CALIFORNIA RESIDENTIAL C1 EDITION, AMENDMENTS; 1 1 MECHANICAL 1 EDITION, AMENDMENTS, THE CALIFORNIA !DE, 2013 EDITION, PENALTIESAMENDMENTS, THE CALIFORNIA ELECTRICAL CODE, 2013 EDITION, WITH AMENDMENTS- THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2012 EDITION, WITH AMENDMENTS; THE CALIFORNIA GREEN BUILDING STANDARDS CODE 2013 EDITION WITH AMENDMENTS; ADOPTING ENFORCEMENT AND ! ! FOR THE FOREGOINGCODES; ADOPTING i OF FACT SUPPORTING THE AMENDMENTS TO THE 2013 CALIFORNIA BUILDING CODE AND THE 2013 CALIFORNIA RESIDENTIAL !► ! AND ADOPTING 1 FINDING THAT THE ORDINANCE D1 EXEMPT FROM O CALIFORNIA !t1 s!l QUALITY 1 1 SECTIONUNDER CEQA GUIDELINE, 15061(B)(3). DIVISIONI.,Chapter 12.12 of the MunicipalCode of the City ofSan Rafael #"i to read Chapter 12.12 1 1 Adoption of 1California• # Code", on International Building Code, 2012 Edition, with California amendments), local . # 12.12.020 Amendments to the California Building Code 12.12.030 Enforcement • Penalties 12.12.010 Adoption of "2013 California Building Code", (based on the International Building Code, 2012 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 2013 California Building Code, (based on the International Building Code, 2012 Edition) I in its entirety, consisting of Volumes I and Volume 2 1 1 n its entirety, except that only the following appendices are adopted: Appendices C, H, and 1, 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. 11, E�7111r iiiiiiiiiiiiiiiii�� 11�111� IIIIIIIIIIq III I I � I III III II ��Ii 111, 1 1 11 11111 11i I I IMF! I I III �I I I _1011111 11111 ... 11111111M - i 11,11,11111 1.8.6.1 General. Subject to the provisions of law, including Code of Civil Procedu Section 1822.50 et. seq., officers and agents of the building official may enter and inspe public and private properties to secure compliance with the provisions of this code and th r I rules and regulations promulgated by the department of housing and communit, development. For limitations and additional information regarding enforcement, see th following: (The remainder of this section is unchanged) I IN IIIII I q iq 4�1 Aothing 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. No person shall remove or deface any notice or order posted by the building official, excep) as authorized by the building official. Section 104.6 is amended to add the following phrase to the end of the last sentence: it , including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California." Section 106.2 is amended as follows: 105.2 Bulflding: (1) is revised to read as follows: 1. One story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, providing the floor area does not exceed 120 square feet and the structure contains no plumbing, electrical or heating appliances. 105.2 Building.- (6) is revised to read as follows: 6. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story, are not part o an accessible route and are not part of the means of egress from a normally occupied building. 106.2 Bulfldl*ng.- (7) is revised to read as follows: 7. Painting, papering, tiling, carpeting, counter tops and similar finish work, except that 14 eetriping or restriping of parking lots shall require a permiL. IN 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 400 dollars per •. for construction activities which • beyond the term limit up to a maximum penalty of 10% of the project valuation, or $100,000, whichever is less. 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 2S set forth in the Master Fee Schedule Resolution as adopted by the San Rafael City Council from time to time. 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 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. 109.7 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 • 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 afterhours inspection fee shall be charged at a rate of one and one-half (1 Y2) times the fully burdened hourly rate as established in the Master Fee Schedule Resolution. Nothing contained in this section shall prevent the mayor or city council from appointing the mayor and city council as the board of appeals. 0 - 0 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. 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 N 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 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. 501.2 Address numbers. All structures abutting on any public or private street, avenue, drive, road, place or lane within the city shall be given and marked with an official address number. The Chief 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 Chief Building Official. Address numbers shall be installed as described in City of San Rafael Standard "Premises Idencation". Section 903.2 is amended to read as follows: 903.2 Where Required; All Occupancies and Facilities. An automatic fire sprinkler system shall be installed in all of the following: 1. Every newly constructed, building or facility. Exception: 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 substantial remodel. I 3. All other existing buildings, fire sprinkler systems may be required by the Fire Chief in accordance with the following: 1. All buildings where improvements occur during any three (3) year period which meet the definition of a substantial remodel. 11. 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. 111. 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. IV. Where fire sprinklers are required by provisions of this code, they shall be extended throughout the building. 4. All public storage facilities. 5. All tunnels used for the transportation of people or any type of vehicle. 11 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. Sections 903.2.1 through 903. .17 [Unchanged] Section 903.2.18 is hereby modified by deleting the exception. Section 903.2.19 [Unchanged] Section 1013.1 is amended by adding the following concluding sentence: Guards are also required at waterfront bulkheads, fixed piers and gangways. 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 ,tpening, 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. 0 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 and Table 1505.1, but the Exception remains. 9 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- 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. Any roof covering material that is approved by the California State Fire Marshal and listed on their approved list of building materials for use in the WUI areas. 1505.1.4 Roofing requirements in a Wildland-Urban Interface Fire Area. Roofing requirement for structures located in a Wildland-urban Interface (WUI) Fire Area shall be a ,,minimum class A roof covering and shall also comply with Section 705A. Any roof covering material that is approved by the California State Fire Marshal an,11 listed on their approved list of building materials for use in the WUl areas. Table 1505.1 is deleted. 111111q� 1111111 �llill, T=q =0 1807.4 'Inrooden 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 or below a building where failure of the wall may subject the building to damage. PRIVATE SWIMMING POOL means a swimming pool or pool located at and intended primarily for the use of the occupants of a single or two-family dwelling unit. 3109.4.4.3 Enclosure required for private swimming pools. Every person who owns or is in possession of any land on which there is situated a private swimming pool shall secure the pool from unauthorized entry by an enclosure that meets the requirements of CBC 3109.4.4.3. The enclosure shall be specifically designed to prevent unauthorized entry from adjacent private and/or public property. The enclosure shall be in addition to the "safety features 11 required by CBC 3109.4.4.2. An enclosure shall have all of the following characteristics: Subsections 1-5 are unchanged. 0 0 3109.4.4.3.1 Existing swimming pools. Any person who owns or is in possession of an existing private swimming pool that does i to the requirements of this section shall make the pool conform to the requirements of this section within ninety (90) days from its effective date. 2 I The chief building official is hereby authorized to exempt any private swimming pool from the provisions of 3109.4.4.3: (1) If it is located in an area sufficiently remote from other residences as to not constitute a hazard to small children; or (2) If it is secured from unauthorized entry by a natural or artificial barrier that provides the same or a greater degree of protection than would an enclosure. An application for exception shall be filed in writing with the chief building official. The application shall contain a brief statement evidencing that the applicant is entitled to the exception and such other information as the chief building official may prescribe. sm 5 [T 111 3109.7 Hydrostatic pressure test. Circulation system piping, other than that integrally included in the manufacturer of the pool equipment, shall be subject to a hydrostatic pressure test of 25 pounds per square inch (psi) (172.4 Kpa). This pressure shall be held for not less than 15 minutes. Tests on piping systems constructed of plastic piping shall not use compressed air for the test. A. In addition to the enforcement powers and/or remedies provided in this chapter, thA 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 #f the San Rafael Municipal Code. DIVISION 2. 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 Sections. 12.13.010 Adoption of "2013 California Residential Code", (based on the International Residential Code, 2012 Edition, with California amendments), with local amendments. 111,111 iqq I I . h 12.13.030 Enforcement and Penalties 12.13.10 Adoptl"on of 112013 California Res'Idential Code", (based on the International Residential Code, 2012 Edition, wl*th Calfforn1a 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 2013 California Residential Code, (based on the International Residential Code, 2012 Edition), in its entirety, except that only the following appendix is 2dopted: Appendix H, as published by the California Building Standards Commission in the ;3*"4ifornia Code of Regulations, Title 24, Part 2.5, hereinafter referred to as the "California Residential Code )I , save and except such portions as are hereinafter changed or modified Ity 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. 4 Section 1.8.5.1, 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. Section R1 04.6 is amended to add the following phrase to the end of the last sentence: (t , including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California." 1. One story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, providing the floor area does not exceed 120 square feet and the structure contains no plumbing, electrical or heating appliances. 6. Painting, papering, tiling, carpeting, counter tops and similar finish work. 10. Decks not exceeding 200 square feet in area that are not more than 30 inches above grade at any point, are not attached to a dwelling and are not part of any path of egress from the dwelling. 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 up to a maximum penalty of 10% of the project valuation or $20,000, whichever is less., q 11111liq 1111111q� IMF T47MITS =6 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 San Rafael 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 • 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 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 shall be charged at a rate of one and one-half (11/2) times the fully burdened hourly rate as established in the Master Fee Schedule Resolution. Nothing contained in this section shall prevent the mayor or citycouncil from appointing the mayor and city council as the board of appeals. q 111111pilliq 1111 1 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 I 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. 1 q ��11111111� 11 � a 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). , "71711170 M-IF100- 'Awl =0 �_= �99 - SUBSTANTIAL REMODEL. Substantial remodel shall mean the alteration of an structure which combined with any additions to the structure, performed within any thre (3) year period, affects a floor area which exceeds fifty percent (50%) of the existing floo area of the structure. When any changes are made in the building, such as walls columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roo diaphragms, foundations, piles or retaining walls or similar components, the floor area of a rooms affected by such changes shall be included in computing floor areas for purposes o applying this definition. This definition does not apply to the replacement and upgrading o residential roof coverings or exterior wall finishes. 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. R313.2 One- and two-family dwellIngs • fiire systems. An Automati 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/o additions to the existing structure, performed over any 3 -year period, qualify as "Substantial Remodel" as defined in this code. Any addition to a building with an existin fire sprinkler system shall have that system extended to the new portion(s) of the buildin irrespective of the size of the addition. Z R319.1 Address numbers. All structures abufting on any public or private street, avenue, drive, road, place or lane within the city shall be given and marked with an official address C1 number. The Chief 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 Chief Building Official. Address numbers shall be installed as described in City of San Rafael Standard "Premises Identification". 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. Exception: Any roof covering material that is approved by the Californial State Fire Marshal and listed on their approved list of building materials for use in the WUI areas. R902.1.4 Roofing requirements in a Wildiand-Urban Interface Fire Area. Roofin! requirements for structures located in a Wildland-urban Interface (WUI) Fire Area shall be a minimum class A roof covering and shall also comply with California Building Code Section 705A. Exception: Any roof covering material that is approved by the Californial State Fire Marshal and listed on their approved list of building materials for use in the WU1 areas. 12.13.010 Enforcement and penalties A. In addition to the enforcement powers and/or remedies provided in this chapter, the buildin official shall have the power to enforce the provisions of this chapter as provided in Chapter 1.407 1.427 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. IF- DIVISION 3. Chapter 12.14 of the Municipal Code of the City of San Rafael is hereby amended to read as follows: Chapter 12.14 12,14.010 Adoption of 112013 California Mechanical Code", with amendments 12.14.020 Amendments to the California Mechanical Code 12.14.030 Enforcement and Penalties 12.14.010 Adoptl"on of "2013 CalifornIa Mechanical Code" wl*th 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 2013 California Mechanical Code, in its entirety, 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. q q I iq[111111111, Ill- 1;�;,rilq l l� 111 1 ! 11111 1 i'i I Section 1.8.5, "Right of Entry for Enforcement" is amended to read as follows: 1.8.6.1 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 Fmayor and city council as the local appeals board or housing appeals board. Is 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. P I . 112.1 Application. To obtain a permit, the applicant shall apply to the Authority aving Jurisdiction for that purpose. Every such application shall: (The remainder of this • is unchanged) 11541 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 amended from time to time. 114.5.1 Fees. Any person who commences any work on a mechanical 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. 114.2 Permit Fees. Any person desiring a permit required by this code shall, at the time of issuance therefor, pay a fee, which fee shall be as set forth in the Master Fee Schedule Resolution of the City Council as amended from time to time. The first paragraph is amended to add the phrase t1as set in the Master Fee Schedul Resolution" to the end of the second sentence. i The third paragraph is amended to change the final phrase "in Table 114-1" to "as set in the Master Fee Schedule Resolution 114.6.1 Authorization. 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. 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 inspection for the next normally available time. [a 111111�111 11! uuff:cqll;�� 1"VIZILA111111,11 1,11 � 11 � � 1111111 Mar. -Ii -P 1-70,1117OW-FF53 - 1-31 11 AUTHORITY HAVING JURISDICTION -- The Authority Having Jurisdiction shall mean the chief building official or such official's duly authorized representative. A. In addition to the enforcement powers and/or remedies provided in this chapter, thl't building official shall have the power to enforce the proons of this chapter as provided in Chapters 1.40, 1.427 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. E DIVISION 4. Chapter 12.16 of the Municipal Code of the City of San Rafael is hereb amended to read as follows: Chapter 12.16 Sections: 12.16.010 Adoption of "2013 California Plumbing Code" with amendments 12.16.020 Amendments to the California Plumbing Code 12.16.030 Enforcement and Penalties .......... I - 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 2013 California Plumbing Code, in its entirety except that only the following appendices are adopted: Appendices A, Cy D and 1, 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. The 2013 California Plumbing Code is amended or modified as follows: Section 1.8.5, "Right of Entry for Enforcement" is amended to read as follows: 1.8.6.1 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. IN Section 103.2 is amended to read as follows: 103.2 Application. To obtain a permit, the applicant shall apply to the Authority Havin*0, *W-0 Jurisdiction for that purpose. Every such application shall: IW 103.4 Permolt Fees. Any person desiring a permit required by this code shall, at the tim,-lw 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. 103.4.3.1 Fees. Any person who commences any work on a 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. 103.4.4.1 Fee Refunds. 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 103.5.9 is amended to replace the fourth paragraph with the following: To obtain reinspection, the applicant shall first pay the reinspection fee in accordance with the Master Fee Schedule Resolution of the City Council as adopted from time to time, and then schedule the inspection for the next normally available time. Table 103.4- is deleted. An 0 11 Ik "I"11 7.1ill.-IiII11,111, 11 11 AUTHORITY HAVING JURISDICTION -- The Authority Having Jurisdiction shall mean the chief building official or such official's duly authorized representative. A. In addition to the enforcement powers and/or remedies provided in this chapter, the building official shall have the power to enforce the provisions of this chapter as provided in Chapters 1.40, 1.42, 1.44, and 1.46. B. The violations of the California Plumbing Code as adopted in this chapter are misdemeanors/infractions and are subject to the penalties set forth in Section 1.42.010 of the San Rafael Municipal Code. OR DIVISION 5. Chapter 12.20 of the Municipal Code of the City of San Rafael is hereblA amended to read • follows: I Chapter 12.20 12.20.010 Adoption of "2013 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 "2013 Cafifornia Electd'cal Code" w*1th 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 "2013 California Electrical Code", in its entirety, except that only the following Annex is adopted: 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 here i nafter-m od ified 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. 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) Section 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 th mayor and city council as the local appeals board or housing appeals board. I z Annexamended to replace the term "National Electrical Code" with the term "Californi Electric Code" wherever that term appears. i 111 11 w I q liq q I 11 � ril Me AUTHORITY HAVING JURISDICTION -- The Authority Having Jurisdiction shall mear. 'the chief building official or such official's duly authorized representative. Annex H, Section 80.19(A) Application, is amended to read as follows: (1) Application. To obtain a permit7 the applicant shall apply to the Authority Having Jurisdiction for that purpose. (The remainder of this section is unchanged) 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. (1) Any person who commences any work on an electrical 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.. (3) 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. Annex H, Section 80.19(F)(5) Approvals is amended to add the following concluding sentence.* To obtain reinspection, the applicant shall first pay the reinspection fee in accordance with the Master Fee Schedule Resolution of the City Council as adopted from time to time, and then schedule the inspection for the next normally available time. Annex H, Section 80.25 is amended to change the first sentence to read as follows-. V 80.26 Connection to Electricity Supply. Connections to the electrical supply shall conform to (A) through (D). Annex H, Section 80.25(B), Special Consideration. is amended to change the first sentence • read: By special permission of the Authority Having Jurisdiction, temporary power shall be permitted to be supplied to i for specc needs of the construction project. qi!111111 q I; 111111ir y11111 III A. In addition to the enforcement powers and/or remedies provided in this chapter, th4 building official shall have the power to enforce the provisions of this chapter a provided in Chapters 1.40, 1.427 1.44, and 1.46. 1 B. The violations of the California Electrical Code as adopted in this chapter are misdemeanors/infractions and are • to the penalties set forth in Section 1.42.0 10 of the San Rafael Municipal Code. DIVISION 6. Chapter 12.26 of the Municipal Code of the City of San Rafael is hereby amended to read as follows: Chapter 12.21 12.21.010 Adoption of the International Property Maintenance Code, 2012 Edition, with amendments 12.21.020 Amendments to International Property Maintenance Code 12.21.030 Enforcement and Penalties 12.21.010 Adoption of International Property Maintenance Code, 2012 Edition, w ith amendments i 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 faces 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, 2012 Edition including Appendix A, as published by the International Code Conference, hereinafter referred to as the "Property Maintenance Codesave and except such portions as are hereinafter changed, added to or amended by Section 12.26.020 of this chapter. I 1!J 1111111 11 111111liq ilk, MH I 101.1. Title. These regulations shall be known as the Property Maintenance Code of the City of San Rafael (hereinafter referred to as "the Code" or "this Code"). OR �mli ii�1111 I "I Fig liq !11 11111111q� !11� 111p 11 ��Ip I q��Iim NIP Where the term "International Building Code" appears, it shall mean the California Building Code as adopted by this jurisdiction. Where the term "International Fire Code appears, it shall mean the California Fire Code as adopted by this jurisdiction. Where the term "International Existing Building Code" appears, it shall mean the California Building Code as adopted by this jurisdiction. Where the term "International Fuel Gas Code" appears, it shall mean the California Plumbing Code as adopted by this W jurisdiction. Where the term "International Mechanical Code" appears, it shall mean the California Mechanical Code as adopted by this jurisdiction. Where the term "International Plumbing Code" appears, it shall mean the California Plumbing Code as adopted by this jurisdiction. Where the term "International Zoning Code" appears, it shall mean the San Rafael Municipal Code, Chapter 14. L4=U*7s7ffi I Add the words "including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California." to the end of the section. 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 • the San Rafael •. ••` 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 emergenc�J, 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. Section I 10.1 is amended to change "two years" to "one year' in the first sentence. lip [a] 110.2 Notices and Orders. All notices and orders shall comply with San Rafael Municipal t-% Code --Chapter 1.4u. 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 the forces of the 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 concluding sentence: ilothing contained in this section shall prevent the mayor or city council from appointing the mayor and city council as the housing advisory and appeals board. 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. CODE OFFICIAL. Where used in this code, the term Code Official shall mean the Planning Manager or the Chief Building Official of the City of San Rafael, and their designees. 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. 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 area 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 mesh 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. 0 ttor securing the doors in an approved manner." Add the words: "Every person maintaining or using any solid waste can or receptacle shall keep the same clean and sanitary. I 1 -TY, n In 0 =0 308.3.1.1. Within all residential districts in the city, no person shall use, locate or maintain (store) any solid waste can, garbage container or other waste receptacle within the public right-of-way other than on the day of removal service. Such waste receptacles shall be stored out of public view on non -service dates, whenever practical, or stored nearest the main structure. POP 602.3 Heat supply. Every owner and operator of any building who rents, leases or let one or more dwelling units or sleeping units on 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 680F (200C) in all habitable rooms, bathrooms and toilet rooms. I 1111liq 1111�11111011q TOM f 02.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat in order to maintain a temperature of not less than 650F (I 80C) during the period the I Ifflill [11101W.J'm A. In addition to the enforcement powers and/or remedies provided in this chapter, both the building official and code enforcement manager shall the power to enforce the provisions of this chapter as provided in Chapters1.44, 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 W DIVISION 7. Chapter 12.23 of the Municipal Code of the City of San Rafael is hereby .?,,mended to read as follows: Chapter 12.23 CALIFORNIA GREEN BUILDING STANDARDS CODE Sections. 12.23.010 Adoption of the California Green Building Standards Code, 2013 Edition, 12.23.010 Amendments to California Green Building Standards Code 12.23,030 Enforcement and Penalties 12.23.010 Adopt*1on of California Green Bul*ld'l'ng Standards Code, 2013 Ed"Wion, 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 2013 California Green Building Standards Code, as is hereafter amended and moded 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. In addition to complying with the base provisions of the 2013 California Green Building Standards Code, new buildings for which an application for a building permit is submitted on or after January 2, 2014, shall comply with Appendix A4 of such Code, with respect to the Tier 1 measures, but excluding Division A4.2; and with Appendix A5 of such Code, with respect to the Tier 1 measures, but excluding Division A5.2 12.23.030 Enforcement and penalties A. In addition to the enforcement powers and/or remedies provided in this chapter, the building official shall have the power to enforce the provisions of this chapter as provided in Chapters1.42, .. 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 Co W DIVISION 8. Consistent with the amendment of California Building Code section 3109 above, Chapter 12.30 of the Municipal Code of the City of San Rafael is hereby repealed. DIVISION 9. Consistent with the adoption of Chapter 12.23 (California Green Building Standard Code), without amendments, Chapters 12.44 (Green Building Requirements) and 12.46 (Constructio and Demolition Materials Recovery) of the Municipal Code of the City of San Rafael are hereb repealed. I DIVISION 10. California Health and Safetv 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 condons. 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: I. Climatic conditions: a) Most of the annual rainfall in San Rafael occurs during the winter, it receives no measurable precipitation between May and October. During this time, temperatures average between 70 and 90 degrees. These conditions eliminate most of the moisture in the natural vegetation and heavily wooded hillsides. The area also suffers periodic droughts that can extend the dry periods to other months of the year. These conditions can be further exacerbated by occasional off -shore hot, dry, Santa - Anna winds. b) Most of the annual rainfall in San Rafael occurs during the winter, and some portions of San Rafael are subject to tidal influences, there are times that flooding conditions occur in low-lying areas an San Rafael lies near several earthquake faults, including the very active S 0 Andreas Fault, there are significant potential hazards such as road closures, fires, collapsed buildings, and isolation of residents requiring assistance. b) Many areas of the city, including some highly developed industrial and commercial areas, are located on bay alluvial soils which are subject to liquefaction in the event of an earthquake. a) Much of San Rafael is located in hilly areas, and many of the residential areas are heavily landscaped, and many exist adjacent to hilly open space areas which are characterized by dry vegetation and have limited access. In addition, the steepness of grades located in the hills and canyons results in narrow and winding roads, and limited water supply. W b) The major arterial route between San Francisco and Marin and Sonoma county areas, Highway 101, bisects the City of San Rafael-, should that highway become I impassable, alternative routes via surface streets in San Rafael may cause heavy traffic congestion, limng emergency access. More specifically, the above modified building standards are listed below with the corresponding climatic, geological or topographical condition which necessitates the modification. CIBC Section Numbers Climatic, geological and topographical condition 501.2 Ia, Ila, Illa 903.2 Ia, Ila, IlIa,IIIb 907.2.2.1 Ia, Illa 1013.1 Ib, Ila 1026.6 Ila, Ilb 1027.5.2 Ia, Ila,, Ilb, IIIb 1029.6 Ila, Ilb 1406 Ia 1505.1 Ia, Illa 1510 Ia, Illa R313.1 Ia, Ila, Illa,lllb 8313.2 Ia, Ila, Illa,lllb 8319.1 Ia, Ila,, Illa 8.902.1.3 Ia, Illa pri Appendix A4 Ia, lb Appendix A5 Ia, lb DIVISION 11. 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 12. 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 anv one or more sections* subsections!, sentences, clauses or WF phrases shall be declared invalid. K$17 DIVISION 13. This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published and circulated in the City of San Rafael and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Council members voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA), pursuant to 14 CCR Section 15061 (b)(3), since it can seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment. (fAkkVO. HILLIPS, Mayor Attest: The foregoing Ordinance No. 1916 was read and introduced at a Regular meeting of the City Council of the City of San Rafael, held on the 18TH day of November, 2013 and ordered passed tio., print by the following vote, to wit: Colin, Connolly, Heller & Mayor Phillips McCullough None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular meeting of the council to be held on the 2 d day of December, 2013. 9W ILI 001 Colin, Connolly, Heller & Mayor Phillips McCullough None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular meeting of the council to be held on the 2 d day of December, 2013. 9W 0 1 • 1mm WLI ! i ' / • •r ! • i k1 I • 1 JAI g WSJ I ! AN ORDINANCE OF OF 1N RAFAEL AMENDING OF MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTERS 12.12, 12.13v 12-14v 12.16v 12.20v 12.21,12.23 THERETO, AND DELETING CHAPTERS 12.30, ADOPTING THE CALIFORNIA BUILDING CODE,EDITION, AMENDMENTS; THE CALIFORNIA RESIDENTIAL CODE, 2013 EDITION, WITH AMENDMENTS; i• 1CODE,r i AMENDMENTS, ' itE, 2013 EDITION, AMENDMENTS, 1 i` ELECTRICAL !r EDITION, • rMENTS; THE INTERNATIONAL PROPERTY"/ /NCE CODE, 2012 EDITION, rMENTS; THE CALIFORNIA GREEN BUILDING! r /'r CODE 2013 EDITIONAMENDMENTS; ADOPTING ENFORCEMENTAND PENALTIES PROVISIONS"!• THE FOREGOINGit AND ADOPTING FINDINGS OF FACT SUPPORTING THAMENDMENTS ! THE 2013CALIFORNIA r CODE AND 2013 CALIFORNIARESIDENTIAL it DATE/TIME: Monday, r` ` #` at # .al LOCATION: City Council Chambers, City Hall, 1400 Fifth Avenue, San Rafael, PURPOSE: Ti receive public i and to consider adoption of proposed i i w`! amend ` of ` w Rafael iw Code, i adopting ` California Building !#`,2013 California Residential Code,the 2013 California Electrical ii` the 2013 California Plumbing Code, the 2013 California Mechanical Code, the 2013 California " Building Standards i#` w • ` 2012 International ' ii` Maintenance !#` with amendments, by repealing SRMC C 12.30, haptersJ and 12.46, and by adopting findings of fact as to the local climatic, geologic and topographic conditions siii # ` amendments to such codes. assessed.Copies of all of the foregoing codes being considered for adoption, are on file with the City Clerk, and are open to public inspection. Fl,,s required by state law, the ordinance's potential environmental impacts have been City staffdetermined `i . ! possibility thatordinance will ` w significant effect on environment, i `i by general rule in CEQA Guidelines Section 15061(b)(3), and accordingly that it is not subject t# environmental under Ti .. ! ` i comments proposed i i `.. .. .. Clerk, . i i Rafael,w P.O. ! Rafael, i 94915-1560, or you can deliver a letter the City Clerk prior to the City Counc hearing i December FOR MORE For additional inf! w i `iw i # the above, youcan i aThomas Chief Building Official for the City of San Rafael at (415) 485-3357. Office hours are i i a # w +`8 i 5:00 ` Esther Beirne City Clerk City of San Rafael American 85 Sign Language interpreters and assistive listening devices may be requested by calling 415-4-319 8 (TDD) or 415-485-3085 (voice) at least 72 hours in advance of the Public Hearing. Copies of documents are available in accessible formats upon request. Public transportation is available through Golden Gate Transit, line 20 or 23. Paratransit is available by calling Whistlestop Wheels at 415-454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to attend the Public Hearing, individuals are requested to refrain from wearing scented products. (Please publish on Friday, November 22, and on Friday, November 29, in the Marin Independent Journal) lawj r 1 r r•� 1 �• INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR ES L{UTION BEFORE APPROVAL BY COUNCIL 1 AGENCY. SRRA 1 SRCC AGENDA ITEM NO. 5.c DATE OF MEETING: 12/02/13 FROM: Paul Jensen/ Thomas Ahrens DEPARTMENT: ! r- !i DATE: 11/25/13 signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (sionature) t REMARKS: APPROVED AS TO FORM: City Attorney (signature) Honorable Gary Phillips City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Dear Mayor Phillips: For over 50 years the Marin Builders Association has served the construction industry by promoting high ethical and professional standards and providing quality services to our members. The Marin Builders Association applauds the City of San Rafael for its continued commitment to protect the environment. Green Building programs are an important part in the fight against climate change. We urge the City of San Rafael to eliminate the provisions of the existing BURST model and at this time only adopt CAL Green Tier I for new construction. As experts in the construction industry we believe that some aspects of Tier I provisions associated with remodels and additions may be challenging to achieve for the smaller construction projects. In addition we believe the base CAL Green provisions related to remodels/additions are new and untested. When cities create Green Building policies that attempt to do the same things but vary from city to city, indirect costs for contractors increase due to the need to become familiar with numerous sets of guidelines. Not only will the additional costs affect the contractor but they will be passed on to the customer, your constituents. By adopting the CAL Green standards you will be joining many other municipalities in establishing consistent requirements. Lastly, we support the city in taking a positive approach toward implementation by seeking to encourage property owners to do the right thing rather than demanding compliance, We would like to see property owners want to do what is best to ensure a sustainable community. w. ni ' a, o r 660 Las Gallinas Avenue, San Rafac], CA 9490' P. 4 15.4 6 2 � 121 f. 415.46).1225 w N�., arI n b cy 0 DIVISION 7. Chapter 12.23 of the Municipal Code of the City of San Rafael is hereby amended to read as follows: Chapter 12.23 CALIFORNIA GREEN BUILDING STANDARDS CODE Sections: 12.23.010 Adoption of the California Green Building Standards Code, 2013 Edition, 2 f�2' Z 3- '12.23.030 Enforcement and Penalties 12.23.010 Adoption of California Green Building Standards Code, 2013 Edition, }t re- M-W-VtS=� 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, thal) certain code known as the 2013 California Green Building Standards Code - 184: -7. Not less than one copy of said code shall be maintained by the office of the city clerk. Amie-'ndwrnpants, to thre Green- :3J- -w'' 4- ---'ba- G4, Gl-, 4- -,F-- -s; a4' I -%rP r, U7 iaien-a-&4u 12.23.030 Enforcement and penalties A. In addition to the enforcement powers and/or remedies provided in this chapter, the building official shall have the power to enforce the provisions of this chapter as provided in Chapters 140,.44., and 1 A6. 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 W DIVISION 7. Chapter 12.23 of the Municipal Code of the City of San Rafael is hereby amended to read as follows-. Chapter 12.23 CALIFORNIA GREEN BUILDING STANDARDS CODE Sections: 12.23.010 Adoption of the California Green Building Standards Code, 2013 Edition, 12.23.010 Amendments to California Green Building Standards Code 12.23.030 Enforcement and Penalties 12.23.010 Adoption of California Green Building Standards Code, 2013 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 2013 California Green Building Standards Code, as is hereafter amended and modified 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. III III III Fill 111;111ii'i 11 1 111 1 11 11171 The 2013 California Green Building Standards Code is amended or modified as follows. - In addition to complying with the base provisions of the 2013 California Green, Building Standard.A* Code, new buildings for which an application for a building permit is submitted on or after January 2014, shall comply with Appendix A4 of such Code, with respect to the Tier 1 measures, but excludin Division A4.2- and with Appendix A5 of such Code, with respect to the Tier 1 measures, but excludino 0 Division A5.2 A. In addition to the enforcement powers and/or remedies provided in this chapter, the building official shall have the power to enforce the provisions of this chapter as provided in Chapters 1.40, 1.42, 1.44, and 1 46. B. The violations of the California 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 Cot -le. DIVISION 7. Chapter 12.23 of the Municipal Code of the City of San Rafael is hereby amended to read as follows: Chapter 12.23 CALIFORTNIA GREEN BUIlLDING STANDARDS CODE Sections: 12.23.010 Adoption of the California Green Building Standards Code, 2013 Edition, 12.23.030 Enforcement and Penalties 12.23.010 Adoption of California Green Building Standards Code, 2013 Edition 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 2013 California Green Building Standards Code. Not less than one copy of said code shall be maintained by the office of the city clerk. 12.23.030 Enforcement and penalties A. In addition to the enforcement powers and/or remedies provided in this chapter, the building official shall have the power to enforce the provisions of this chapter as provided in Chapters 1.40, 1.42, 1.44, and 1.46. B. The violations of the California 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 Cole. Marin Builders Association stands ready to partner with you and other interested parties to bring about positive change in San Rafael. Thank you, and if you should have any questions please contact me at 415-462-1220. 02� Klif Knoles Casey Mazzoni Executive Director Legislative Analyst cc: Nancy Nagle, City Manager Paul Jensen, Community Development Director