Chapter 15.08

The 2010 California Building Code, including the appendix thereto, and the California Building Code Standards, copies of which are on file with the City Clerk as required by law, are adopted by reference and incorporated into this title as the building code for the City except as amended in this chapter and Chapter 15.04 CMC. The Very High Fire Hazard Severity Zone Map, as transmitted to the City on November 18, 2008, by the Department of Forestry and Fire Protection, is also adopted as required by law. (Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2009-04, 2009; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1121.0).

15.08.020 Treatment of Abandoned Structures.

It is deemed necessary in cases where structures are abandoned as herein defined that they be abated in the interests of public health, safety and welfare, as provided in the building code as adopted by this chapter. (Ord. 2008-02 § 1, 2008; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1121.2).

15.08.030 Moving Buildings.

Buildings or structures relocated or moved within the City limits shall comply with the requirements of a new building. Moved buildings shall be structurally certified by a licensed engineer prior to issuance of a certificate of occupancy by the Building Official. Any knob and tube wiring shall be replaced with approved cable or conduit. (Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.0).

15.08.040 Permit Fee for Residential Work.

A single permit, encompassing building, electrical, gas, plumbing, and mechanical work, shall be issued for all single-family residential work only when more than one trade is involved. This fee shall be according to Table 1-A. (Ord. 2008-02 § 1, 2008; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.1).

15.08.050 Certification of Occupancy.

A certification of occupancy shall not be issued until the driveway, approach, planning, zoning and Fire Department requirements have been completed and approved by the respective City Departments concerned therewith and the building sewer connection work completed and approved by the Carmel Sanitary District. If the Building Official shall determine that the requirements of the code have not been met, s/he shall refuse to authorize occupancy. S/he may, however, in her/his discretion, allow occupancy upon the filing with the Building Official of written assurance that such requirements will be met within a specified period of time. Violation of such written assurance shall constitute a violation of this code. (Ord. 2008-02 § 1, 2008; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.3).

15.08.060 Abandonment.

Abandonment of a building or structure shall be deemed to exist if such building or structure is so damaged by reason of fire, flood, windstorm, earthquake, explosion, other catastrophe, or act of God that such structure is rendered unusable for, and is actually not being used for, any permitted use as it existed prior to such catastrophe, if such unusability and lack of use continues for four consecutive months. (Ord. 2008-02 § 1, 2008; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.4).

15.08.070 Building Requirements.

General. Buildings or structures hereafter erected, constructed or moved within a commercial zone less than three feet from adjacent property lines or less than six feet from buildings on the same property, the exterior walls shall be of a minimum two-hour construction. (Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.5).

15.08.080 Openings in Exterior Walls.

“Openings in Exterior Walls,” opposite the following groups and commercial zones, “Not permitted less than 3 feet; Protected less than 6 feet.”


GROUP	OPENINGS IN EXTERIOR WALLS
A	Not Permitted Less Than 3', Protected Less Than 6'
E	Not Permitted Less Than 3', Protected Less Than 6'
I	Not Permitted Less Than 3', Protected Less Than 6'
B	Not Permitted Less Than 3', Protected Less Than 6'
M	Not Permitted Less Than 3', Protected Less Than 6'
R	Not Permitted Less Than 3'

For the purpose of this section “protected” openings shall mean wire glass non-operable windows and solid core one and three-quarter-inch rated self-closing fire doors.

Exception: For garages in the R-1 land use zone serving a single-family dwelling where located less than three feet to property line doors may meet the requirements of the building code for fire doors in dwellings. (Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.5).

15.08.090 Section 502 Deleted.

Repealed by Ord. 2008-02. (Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.6).

15.08.100 Toilet Facilities.

All drinking and dining businesses hereinafter established shall be provided with toilet and lavatory facilities, with hot and cold running water, for each sex and such facilities shall be located within the premises and shall be for the exclusive use of the patrons and employees of the aforementioned businesses. All existing drinking and dining establishments hereafter enlarged in seating capacity, or when said establishments are repaired, remodeled or altered, the cost of which exceeds 10 percent, shall become subject to the provisions of this section. (Ord. 2008-02 § 1, 2008; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.7).

15.08.110 Smoke Detector.

When there is a change in ownership of any Group R, Division 3 occupancy (dwellings and lodging houses), a smoke detector conforming to the requirements stated above shall be installed in conformance with the above installation requirements. (Ord. 2008-02 § 1, 2008; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.8).

15.08.120 Roofing Materials.

For all buildings in the City, any new roof covering, or any roof covering in the event of reroofing of 25 percent or more of any existing roof, shall be of a fire-retardant material that meets or exceeds Class A as defined in the building code, current edition. (Ord. 2008-02 § 1, 2008; Ord. 96-1, 1996; Ord. 93-1 § 1, 1993; Ord. 92-11, 1992; Ord. 89-29 § 1, 1989; Code 1975 § 1122.9).

15.08.130 Automatic Fire Systems.

See CMC Title 8. (Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 92-24, 1992; Ord. 89-29 § 1, 1989; Code 1975 § 1122.10).

15.08.140 Section 904.2.2 Amended – Automatic Fire Systems.

Repealed by Ord. 2008-02. (Ord. 2003-03 § 2, 2003; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.11).

15.08.150 Compliance Responsibility.

The owner of the subject property or building shall be responsible for maintaining in force a contract with a licensed professional for maintenance of fire extinguishing systems on the owner’s premises. (Ord. 89-29 § 1, 1989; Code 1975 § 1122.11(a)).

15.08.160 Skylights.

All skylights installed in any fire rated roof within any commercial building or zoning district shall be laminated wire glass and shall be inoperable unless otherwise approved by the Building Official and/or Fire Code Official. (Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989).

15.08.170 Dumping and/or Disposal.

The dumping and/or disposal of all construction debris, demolition materials and/or all or any other materials considered as waste shall be done in accordance with current Federal, State, and County recycling laws and ordinances in effect at the time a permit is issued. It shall be unlawful for any person or corporation to dump or dispose of any dirt, fill, building materials or any debris onto any site, lot or thoroughfare, public or private, without prior written approval of the Building Official. Anyone violating this section shall be deemed guilty of an infraction. (Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1122.12).

15.08.180 Hours of Construction.

For projects requiring a building permit, the permitted hours of construction shall be from 8:00 a.m. to 6:30 p.m. Monday through Saturday, unless other specified hours are approved or required by the Building Official or the Director of the Department of Community Planning and Building. These hours apply in all land use districts. For the purpose of this section, the term “hours of construction” is defined as all times when builders, contractors, work crews or other persons associated with the project are present on the property and engaged in any Class B noise activities related to or including construction. (Ord. 2006-02 § 1, 2006; Ord. 89-29 § 1, 1989).

15.08.190 Parking During Construction.

The parking of construction vehicles in any posted time zone is prohibited unless a construction parking permit has been issued by the Department of Community Planning and Building. (Ord. 89-29 § 1, 1989).

15.08.200 Grading.

All sites where grading and/or excavation is conducted shall adhere to the latest edition of the California Building Code. In addition, the following requirements shall be met:

A. When the fill or excavation exceeds 50 cubic yards a bond of $1,000 shall be obtained to ensure the public way and property is maintained clear and in a clean manner.

B. Tree protection, drainage and erosion controls shall be in place prior to, and during, all work. Should the grading not immediately precede any construction then these controls shall remain in place until completion of the project. (Ord. 89-29 § 1, 1989).

15.08.210 Use of Public Right-of-Way.

When at any time any construction interferes with the use of any portion of the public right-of-way, an encroachment permit therefor shall be issued and all necessary protection devices be installed. Such devices shall include, but may not be limited to: barricades, pedestrian walkways, guardrails, signs, lighting, etc. Said permit shall be obtained from the Department of Community Planning and Building and shall be approved by the Building Official and the Director of Public Works. The fee for said permit shall be as established from time to time by resolution of the City Council. (Ord. 92-24, 1992)

15.08.220 Control of the Public Right-of-Way.

It shall be unlawful for any person, as defined in CMC 15.04.020, to regulate, either by signage or other control, any portion of the public right-of-way for personal use without first obtaining permission therefor from the Director of Public Works or the Building Official. Such signage or control includes, but is not limited to, “no parking” signs on or adjacent to the public right-of-way. Any unlawful signage or other control will be removed by the City, which will notify the owner of the adjacent property of the violation. (Ord. 96-1, 1996).

15.08.230 Surface Waters – Duties of Reasonable Care.

Every person must take reasonable care in using her/his property to avoid injury or damage to adjacent properties through the flow of surface water runoff or runoff from roof drainage systems. Roof water drainage shall drain into an approved drain system or drain to the public way via a noncorrosive device as approved by the Director of Public Works and/or the Building Official. Cross-lot drainage should be avoided whenever possible, as determined by the Building Official. (Ord. 96-1, 1996).

15.08.240 Temporary Portable Toilets.

It is the purpose and intent of this section to reduce visibility and impacts from the placement of temporary portable toilets on both public and private property. Temporary portable toilets shall not be placed in the public right-of-way without prior City approval. Temporary portable toilets may be located on private property in a place approved by the Building Official and shall be screened from public view at all times. Such screening shall comply with the conditions and requirements set forth by the Director of Planning and Building and/or the Building Official. (Ord. 96-1 § 1, 1996).

15.08.250 Temporary (Construction) Fences.

Before a temporary (construction) fence may be installed, its design and location shall be approved by the Director of Planning and Building and/or the Building Official, who shall also determine the length of time such fence may remain installed. Such time period shall typically not exceed 12 months for projects in the R-1 district and 18 months for other districts. Fences required for longer durations, unusual projects or unusual designs may be referred to the Planning Commission for design review. (Ord. 96-1 § 1, 1996).

Chapter 15.08BUILDING CODE*

15.08.010 Adoption.