Chapter 15.04 TECHNICAL BUILDING CODES*

Chapter 15.04
TECHNICAL BUILDING CODES*

Sections:

15.04.010 Adoption of codes by reference—Copies on file.

15.04.020 City Council findings.

15.04.030 Title 24, Part 1, California Administrative Code.

15.04.040 Title 24, Part 2, California Building Code, Volumes 1 and 2, with appendices—Amendments and modifications.

15.04.045 Title 24, Part 2.5, California Residential Code with appendices—Amendments and modifications.

15.04.050 Title 24, Part 3, California Electrical Code, with amendments and modifications.

15.04.060 Title 24, Part 4, California Mechanical Code with appendices.

15.04.070 Title 24, Part 5, California Plumbing Code with appendices.

15.04.080 Title 24, Part 6, California Energy Code with appendices.

15.04.090 Title 24, Part 7.

15.04.100 Title 24, Part 8, California Historical Building Code.

15.04.110 Title 24, Part 9, California Fire Code, with amendments and modifications.

15.04.120 Title 24, Part 10, California Existing Building Code.

15.04.125 Title 24, Part 11, California Green Building Standards Code with amendments and modifications.

15.04.130 Title 24, Part 12, California Referenced Standards Code.

15.04.140 1997 Uniform Building Security Code.

15.04.150 1997 Uniform Code for the Abatement of Dangerous Buildings with amendments and modifications.

15.04.160 1997 Uniform Housing Code with amendments and modifications.

15.04.170 Findings.

* Prior ordinance history: Ords. 1021, 1078, 1099, 1104 and 1267.

15.04.010 Adoption of codes by reference—Copies on file.

The City Council finds that the requirements of Government Code Sections 50022.4, 50022.5 and 500.22.6 relating to adopting codes by reference have been met. The City Council directs that one copy of each code adopted by reference shall be placed on file with the Chief Building Official and maintained there for public inspection while the said codes are in effect. (Ord. 1428 § 2 (part), 2010)

15.04.020 City Council findings.

The City Council finds that amendments and modifications are required for the respective codes being adopted herein. Specific local geologic, climatic, and topographic conditions necessitate the said amendments and modifications, as listed in Section 15.04.170. (Ord. 1428 § 2 (part), 2010)

15.04.030 Title 24, Part 1, California Administrative Code.

The California Administrative Code (CAC), 2010 Edition, is hereby adopted by reference. (Ord. 1428 § 2 (part), 2010)

15.04.040 Title 24, Part 2, California Building Code, Volumes 1 and 2, with appendices—Amendments and modifications.

Title 24, Part 2, California Building Code (CBC), 2010 Edition, Volumes 1 and 2, is hereby adopted by reference, with the following selected appendices, amendments and modifications:

A. Section 113, Board of Appeals, is deleted in its entity and replaced with Section 89.108.8, Appeals Board, Title 24, Part 3.

B. Division II, Scope and Administration, is adopted and amended as follows:

Section 105.2 (2) Fences not over 6 feet (1,829 mm) high. Add: plus 12" of 50% lattice. See SCMA.

Section 105.2 (4) Retaining walls that are not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or IIIA liquids. Add: Wood retaining walls are limited to 3 feet tall without permits. Retained soil at top of wall limited to 2:1 slope.

C. Section 901.2, add:

as amended by the Belmont-San Carlos Fire Department.

D. Section 1613.8 ASCE 7, Section 12.8.7. Modify ASCE 7, Section 12.8.7 by amending equation 12.8-6 as follows:

θ = (Px Δ I) / Vx hsx Cd

E. Section 1615A.1.16 ASCE 7, Sub-section 13.5.6 Suspended ceilings, add item 7 under Subsection 13.5.6.2.2:

When a permit is issued for new or alterations or repairs over 50% of the total suspended ceiling area in a contained area, such as a tenant space remodel, the new and existing ceiling shall comply with all requirements of Sub-section 13.5.6.2.2.

F. Section 1704.4 and Table 1704.4 are amended to read as follows:

Bolts or threaded rod, such as used for hold-down anchors, installed in existing concrete shall be load tested if used in tension.

1. The special inspection required to observe the placement of these types of rods or bolts is not required.

2. All (100%) of rods or bolts installed in existing concrete for tension anchorage such as hold-downs shall be tested.

3. All such anchors shall be tension tested to twice the allowable tension value for bolts of the same diameter, per Table 1911.2, or higher value as specified by the design structural engineer.

4. Use f'c of 2,500 psi unless higher f'c can be determined by report or test.

5. Tension testing (pull tests) of bolts or rods shall be performed by a third party testing lab approved by the Building Official.

6. Failed bolts or rods shall be replaced and tested per (3).

7. A final letter from the testing agency shall indicate all bolts passed the testing criteria.

G. Section 1704.4, Exception 1, Add:

where the structural design of the footing is based on a specified compression strength, f'c, no greater than 2,500 pound per square inch (psi)(17.2 Mpa).

H. Section 1908.1.8 ACI 318, Section 22.10, is modified to read as follows:

Section 1908.1.8 ACI 318, Section 22.10. Delete ACI 318, Section 22.10, and replace with the following:

22.10 – Plain concrete in structures assigned to seismic design category C, D, E or F.

22.10.1 – Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:

(a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

Exception: In detached one and two-family dwelling three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness.

(b) Plain concrete footings supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional are of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

Exception: In detached one and two-family dwellings three stories or less in height and constructed with stud bearing walls, plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross cross-sectional area of the footing.

I. Section 1910, Minimum Slab Provisions, add:

The slab shall be reinforced by a minimum of 6"x6", 10 gauge welded wire fabric or approved equal for all structures that require a building permit.

J. Section 2306.7, Shear walls sheathed with other materials, is deleted.

K. Appendices I and J are adopted.

L. Appendices A, B, C, D, F, G (see CBC 1603.A.1.6) and H are not adopted. (Ord. 1428 § 2 (part), 2010)

15.04.045 Title 24, Part 2.5, California Residential Code with appendices—Amendments and modifications.

Title 24, Part 2.5, California Residential Code (CRC), 2010 Edition, is hereby adopted by reference, with the following selected appendices, amendments, and modifications:

A. Section R105.2, Work exempt from permit. Item number 10 is deleted.

B. Section R112, Board of Appeals, is deleted in its entirety and replaced with Section 89.108.8, Appeals Board, Title 24, Part 3.

C. Chapter 2, Definitions, add:

RESIDENTIAL RECONSTRUCTION. A residential-type project where the building at any time is uninhabitable, including removal of any or all utilities (water, electrical, natural gas, or sewer); or the project provides no permanent kitchen or bathroom facilities; or the project provides no shelter or ability to maintain heat as defined by code; or when over 50% of the foundation is replaced or reinforced other than the repair of a foundation failure; or when over 50% of the framing above the foundation is removed or replaced. Final determination whether a project meets the definition of residential reconstruction shall be made by the Building Official.

D. Section R313.2, One- and two-family dwellings automatic fire systems. Add:

An automatic residential fire sprinkler system shall be installed in Residential Reconstruction projects.

E. Section R311.7.4.1, Riser height. Add:

The minimum stair riser height shall be no less than 4 inches (102 mm).

F. Section R403.1.3, Seismic reinforcing, is modified to read as follows:

Section R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in Table R301.2(1), shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.

In Seismic Design Categories D0, D1 and D2 where a construction join is created between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1,219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook and extend a minimum of 14 inches (357 mm) into the stem wall.

In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1,219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing and have a standard hook.

In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted.

Exception: In detached one- and two-family dwellings which are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted.

G. Section R403.1.6 Foundation anchorage, is modified to read as follows:

Section R403.1.6 Foundation anchorage. Sill plates and walls supported directly on continuous foundations shall be anchored to the foundation in accordance with this section.

Wood sole plates at all exterior walls on monolithic slabs, wood sole plates of braced wall panels at building interiors on monolithic slabs and all wood sill plates shall be anchored to the foundation with anchor bolts spaced a maximum of 6 feet (1,829 mm) on center. Bolts shall be at least 5/8" (15.9 mm) in diameter and shall extend a minimum of 7 inches (178 mm) into concrete or grouted cells of concrete masonry units. A nut and washer shall be tightened on each anchor bolt. Such washers shall be a minimum of 0.229 inch by 3 inches by 3 inches (5.82 mm x 76 mm x 79 mm) in size. There shall be a minimum of two bolts per plate section with one bolt located not more than 12 inches (305 mm) or less than seven bolt diameters from each end of the plate section. Interior bearing wall sole plates on monolithic slab foundation shat are not a part of a braced wall panel shall be positively anchored with approved fasteners. Sill plates and sole plates shall be protected against decay and termites where required by Sections R317 and R318. Cold-formed steel framing systems shall be fastened to wood sill plates or anchored directly to the foundation as required in Section R505.3.1 or R603.3.1.

Exceptions:

1) Foundation anchorage spaced as required to provide equivalent anchorage to 5/8-inch diameter (15.9 mm) anchor bolts.

2) Walls 24 inches (610 mm) total length or shorter connecting offset braced wall panels shall be anchored to the foundation with a minimum of two anchor bolts located no less than 7 bolt diameters from each end of the plate section and shall be attached to adjacent braced wall panels at corners as shown in Figure R602.10.4.4 (1).

3) Connection of walls 12 inches (305 mm) total length or shorter connecting offset braced wall panels to the foundation without anchor bolts shall be permitted. The wall shall be attached to adjacent braced wall panels at corners as show in Figure R602.10.4.4 (1).

H. Section R602.10.2.1, Intermittent braced wall panel interior finish material. Add new Subsection R602.10.2.1.1, to read:

R602.10.2.1.1 Limits on methods GB and PCP. In Seismic Design Categories D0, D1 and D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this Section to be placed on the opposite side of studs from other types of braced wall sheathing. In Seismic Design Categories D0, D1 and D2, the use of Method PCP is limited to one-story single family dwellings and accessory structures.

I. Table R602.10.1.2 (2), Add new footnote “d” to the end of Table R602.10.1.2 (2), to read:

d. In Seismic Design Categories D0, D1 and D2, Method GB is not permitted and the use of Method PCP is limited to one-story single family dwellings and accessory structures.

Add the “d” footnote notation in the title of Table R602.10.1.2 (2) after the three footnotes currently shown, to read:

TABLE R602.10.1.2 (2) a,b,c,d

J. CRC Appendix Chapters G, J, K, and O are selected and adopted.

K. CRC Appendix Chapters A through F, H, I, L, M, N, P, Q, and R are not selected and not adopted. (Ord. 1428 § 2 (part), 2010)

15.04.050 Title 24, Part 3, California Electrical Code, with amendments and modifications.

Title 24, Part 3, California Electrical Code (CEC), 2010 Edition, is hereby adopted by reference, with the following amendments and modifications:

A. Section 89.108.4.1, Permits (a), add:

A California State Licensed Electrical Contractor is required to obtain the permit for all electrical work performed in all occupancies except single family dwellings, attached or detached garages, carports or accessory buildings.

B. Chapter 1, Article 100, Definitions: Approved, add:

Existence of a factory applied label or application of a field applied label by an agency approved by the AHJ to test and label is an alternate method of approval. See the list of recognized third party testing and labeling agencies.

C. Chapter 1, Article 100, Definitions: Authority Having Jurisdiction (AHJ), add:

The Authority Having Jurisdiction is the Chief Building Official of the City of San Carlos.

(Ord. 1428 § 2 (part), 2010)

15.04.060 Title 24, Part 4, California Mechanical Code with appendices.

Title 24, Part 4, California Mechanical Code (CMC), 2010 Edition, is hereby adopted by reference, with all appendices. (Ord. 1428 § 2 (part), 2010)

15.04.070 Title 24, Part 5, California Plumbing Code with appendices.

Title 24, Part 5, California Plumbing Code (CPC), 2010 Edition, is hereby adopted by reference, with the following selected appendices:

A. CPC Appendix Chapters A, B, D, G and I are selected and adopted.

B. CPC Appendix Chapters K and L are not selected and not adopted.

C. There are no CPC Appendix Chapters C, E, F, H, and J. (Ord. 1428 § 2 (part), 2010)

15.04.080 Title 24, Part 6, California Energy Code with appendices.

Title 24, Part 6, the California Energy Code (CEC), 2010 Edition, is hereby adopted by reference, with all appendices. (Ord. 1428 § 2 (part), 2010)

15.04.090 Title 24, Part 7.

Vacant. (Ord. 1428 § 2 (part), 2010)

15.04.100 Title 24, Part 8, California Historical Building Code.

Title 24, Part 8, the California Historical Building Code (CHBC), 2010 Edition, is hereby adopted by reference. (Ord. 1428 § 2 (part), 2010)

15.04.110 Title 24, Part 9, California Fire Code, with amendments and modifications.

A. Adoption of the 2009 International Fire Code with the 2010 California Fire Code Amendments. These codes are hereby adopted by the City of San Carlos, for the purposes of prescribing regulations governing the conditions hazardous to life and property and for protection from fire, hazardous materials, or explosion, contained within the International Fire Code and the California Fire Amendments, Title 24, Part 9, including all Appendix Chapters, and the International Fire Code Standards, as compiled, recommended and published by the International Code Council.

One copy of said code and standards, including local amendments herein adopted and made part thereof, entitled “Amendments to the 2009 International Fire Code with 2010 California Fire Code Amendments” has been and is now filed with the office of the Clerk for the City of San Carlos. The same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this section shall take effect, the provisions thereof shall be controlling within the limits of the City of San Carlos Fire Department.

Note: When sections noted in this section stipulate the IFC, this shall mean the 2009 Edition of the International Fire Code for non-State Fire Marshal regulated occupancies. When sections noted in this section stipulate the CFC, this shall mean the 2010 Edition of the California Fire Code, for California State Fire Marshal regulated occupancies for both building and non-building regulations.

B. Establishment and Duties of the Bureau of Fire Prevention. The International Fire Code and the California Fire Code, including International Fire Code Standards as adopted and amended herein, shall be enforced by the City of San Carlos Fire Department and managed by the Redwood City Fire Department (Bureau) of Fire Prevention, and shall operate under the direction of the Fire Chief and the Fire Marshal of the Redwood City Fire Department. Both fire officers shall be known as the Fire Code Officials.

C. Definitions. Whenever the word “jurisdiction” is used in the International/California Fire Code, and Fire Code Standards, it is the City of San Carlos.

1. The party responsible for the enforcement of the International/California Fire Code and Fire Code Standards under the direction of the Fire Chief of the Redwood City Fire Department shall be the Fire Marshal.

2. Add the following definition:

Fire Marshal is the Fire Code Official of the Bureau of Fire Prevention.

D. Appeals. Whenever the Fire Code Official disapproves an application or refuses to grant a permit applied for or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Code Official to the City Council of the City of San Carlos. For State Fire Marshal regulated occupancies, see Section 111.2.5 of the California Fire Code, Part 9, Title 24 CCR.

E. Penalties – Section 109, 2009 IFC. Any person who shall violate any of the provisions of the code or standards hereby adopted, or fails to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order affirmed or modified by the Fire Code Official shall be guilty of a misdemeanor. Upon conviction, the court shall impose a fine not less than five hundred dollars or more than one thousand dollars or imprisonment for not less than one hundred eighty days or both.

Notwithstanding any other provision of the code adopted in this section, whenever violation of any section contained in the code adopted in this section is punishable as a misdemeanor, the prosecuting attorney having jurisdiction to prosecute said misdemeanor may specify that the offense is an infraction and proceed with prosecution as an infraction, unless the defendant, at the time of his arraignment or plea, objects to the offense being made an infraction, in which event the complaint shall be amended to charge a misdemeanor and the case shall proceed on a misdemeanor complaint.

The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

1. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

2. Due to the potential danger of the hazardous materials regulated under the International/California Fire Code, any person, firm, or corporation who violates any of the provisions of the International/California Fire Code shall be liable for civil penalties not exceeding five hundred dollars per day for the first ten days; and one thousand dollars per day for the next twenty days; and five thousand dollars for each day after twenty. This shall apply to each violation.

3. In addition to the penalties set out in this section, any condition caused or permitted to exist in violation of any of the provisions of the code adopted in this section shall be deemed a public nuisance and may be summarily abated as such, and each day such condition continues shall be regarded as a new separate offense. The City of San Carlos shall also be permitted the right of recovering those funds, used to mitigate continuous, unabated hazards, which present a clear and present danger. The cost recovery fee shall be based on the actual hourly rate for Fire Department personnel, used in gaining compliance for those in violation.

F. Text Language/Local Amendments.

1. Chapter 1: Administration.

a. Section 108.1 Amended. Section 108.1 of the 2009 IFC is amended as follows. For State Fire Marshal regulated occupancies, Section 111.2.5 of the CFC is adopted as written.

Appeals: In order to determine the suitability of alternate materials and type of construction and to provide for reasonable interpretations of this code, and relief by way of appeal from the granting or denial of any permit there shall be and hereby is created a Board of Appeals consisting of members of the City Council, to pass upon pertinent matters, who shall grant such relief or make such interpretation or explanation as may be necessary and proper pursuant to the provisions of this code. The Fire Chief shall be an ex-officio member and shall act as Secretary of the Board. The Board of Appeals shall be the San Carlos City Council. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Fire Chief, with duplicate copy to the appellant, and may recommend to the executive body such new legislation consistent therewith.

Whenever the Fire Code Official/Fire Marshal disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Code Official to the San Carlos City Council. Such appeal shall be made within thirty (30) days from the date of the decision being appealed and shall be in writing and filed with the City Clerk of the City of San Carlos. Said notice of appeal shall be accompanied by a payment of $100, payable to the City of San Carlos.

The notice of appeal shall:

1. Specify the substance and particulars of the decision being appealed;

2. Show the date of the decision;

3. Be signed by the appellant or his/her duly authorized agent; and

4. Indicate the mailing address of the appellant.

Whenever a notice of appeal is filed with the City Clerk, the Clerk shall set the matter for the hearing at the earliest reasonable time and shall notify the appellant of the place, date and time for the hearing and consider the appeal. The City Clerk shall give notice of the hearing to the appellant at least seven days prior to the time set for the hearing. Notice shall be given to the appellant by mailing said notice to the address shown on the notice of appeal.

b. Section 105.1.2 Added. Section 105.1.2 is added to the code adopted in this section and shall read as follows: Section 111.4 of the CFC is adopted as written in the 2009 Edition of the CFC:

105.1.2 Fees and Special Requirements.

The fees for permits and other services shall be as established by resolution of the San Carlos City Council. The fees shall be set as a cost recovery for services; to review and inspect the intended activities, operations, or functions as stipulated by section 105.1.1 and section 105.1.2 “Types of Permits”. Subsection 2, Construction Permit is adopted as written by model code. Operational Permits as indicated in section 105, subsection 105.1.2.1 is “not” adopted as written by model code for this ordinance. Section 105.1.1 is amended and enforceable as follows:

105.1.1. Construction Permits Required and Fire Clearance Inspections.

105.1.1 Permits required by this code for construction related provisions for fire and life safety that is under the responsibility of the fire department, shall be obtained upon approval of said construction plans and documents. This includes but is not limited to; architectural fire plan review, site plan review, automatic fire alarm systems, automatic fire sprinkler systems, automatic fire suppression systems, wildland urban intermix mitigation plans, and any other review of plans and specifications that require the approval of the Fire Code Official.

105.1.2 Fire clearance inspections are that maintenance type of fire code inspections performed to all occupancies that are under the jurisdictional enforcement powers of the City of San Carlos Fire Department.

Operational use permits “are not” issued on a regular or annual basis as per section 105.6 of the 2009 International Fire Code. Fire clearance inspections are designed to unify fire code operational use permits under one fire clearance inspection procedure, thereby having one inspection Inclusive of any potential issued operational use permits.

On a case by case basis, operational use may issue when deemed necessary by the Fire Code Official.

All fire construction plan check and construction permit fees and fire clearance inspection fees must be paid to the City of San Carlos Permit Center prior to engaging in the listed activities, operations or functions. A penalty for all permit payments delinquent after 30 days shall be a doubling of the original fee.

2. Chapter 3: General Fire Safety Precautions—Section 307 Amended. Section 307 of the 2009 IFC/2010 CFC is deleted in its entirety and is replaced by the following section:

Section 307.1 General: Open burning is strictly prohibited within the jurisdictional boundaries of the City of San Carlos. Open burning does not include approved exterior fireplaces or barbecues that are used in a safe manner, and used for cooking or warming purposes only. The Fire Chief prohibits burning of trash or vegetation, except for fire hazard reduction purposes when deemed necessary to abate an immediate fire hazard or during wildland fire suppression activities.

3. Chapter 9: Fire Protection Systems and Equipment.

a. Section 901.1, Scope, Amended. Adding the following language to Section 901.1 of the 2009 IFC and the 2010 CFC.

The Fire Code Official may require additional extinguishers, and/or extinguishers of different ratings for protection of special hazards or hazardous areas. The higher ratings may be permitted if in the opinion of the Fire Code Official, they are better suited to substantially protect or mitigate the hazard(s).

b. Section 903.1 Amended. Section 903.2 of this Code is deleted in its entirety and is replaced by the following subsections 903.2.1.1 and 903.2.1.2:

903.2.1.1 New Construction. When the provisions of Chapter 9 of the 2009 IFC with the 2010 State of California Fire Code Amendments do not mandate automatic fire sprinkler system protection, and when the following occupancies are of new construction and the total square footage of the new building exceeds 2,500 square feet in size, or more than one-story in height, an automatic fire sprinkler system, shall be installed: Group A, Group B, Group E, (Non-public schools), Group F, Group H, Group I, Group M, and Group S occupancies.

903.2.1.2 Existing Construction. An approved automatic fire sprinkler system shall be installed in all locations of existing Group A, Group B, Group E (Non-public schools), Group F, Group H, Group I, Group M, Group R Division 2 (Hotels & Motels, only) and Group S occupancies, when the total square footage of the existing building exceeds 2,500 square feet in size, or is greater than one-story in height, and one or more of the following items apply:

a. Change to a more hazardous use/occupancy.

b. When the Fire Code Official determines that an automatic sprinkler system is necessary due to emergency vehicle access, fire load, occupant load or some other reason that may hinder fire suppression efforts in the event of a fire or other perils.

c. Section 903.2.7 Amended. Section 903.2.7 of this Code is deleted in its entirety and is replaced by the following subsections 903.2.7.1 and 903.2.7.2:

903.2.7.1 Group R, Division 1 and 2 Occupancies – New Construction.

When the provisions of Part 9, Title 24, C.C.R, 2011 California Fire Code, Section 903 do not mandate automatic fire sprinkler system protection, an approved automatic fire sprinkler system shall be installed in all new Group R-1 and R-2 occupancies, when the total square footage including garages and carports, exceeds 2,500 square feet in size, or one-story in height. Installation of the sprinkler system shall conform to NFPA Standard 13R if the residential building is four stories or less in height and with the following additional protection:

1. Sprinklers shall be installed throughout garages, open attached porches, carports, large under-floor spaces that are of combustible construction, and accessible for storage use.

2. Sprinklers shall be installed throughout attic areas.

903.2.7.2 Group R, Division 3 Occupancies – New Construction.

An approved automatic fire sprinkler system shall be installed when the total floor area of the building exceeds 2,500 habitable square feet or the building is two stories or greater in height. This area calculation does not include any attached non-habitable structure or garage space. Installation of the automatic fire sprinkler system shall be in accordance with NFPA 13D standards and with the following areas of the residence to be protected by automatic fire sprinklers:

1. Sprinklers shall be installed throughout garages, carports, and similar attached structures.

2. Pilot Sprinklers shall be installed in attic areas at the entry point into the attic, near heat sources, and near mechanical equipment installed in the attic.

903.2.7.2(A) Group R, Division 3 Occupancies – Existing Construction.

An approved automatic fire sprinkler system meeting the design criteria as stipulated in section 903 is required for existing Group R, Division 3 when the existing structure is demolished and is reconstructed to become a habitable space of 2500 square feet or greater in size.

Demolished and Reconstruction means:

1) The building has been completely torn down to the foundation. The structure is being renovated and is made uninhabitable during said renovation or reconstruction. This includes the removal or inoperability of any or all of the utilities to the building for a period of time of more than twenty-four consecutive hours. Utilities mean; water, electrical, natural gas, and sanitary sewer.

2) The structure increases height from one story, to a two story single family dwelling and is greater than 2,500 habitable square feet.

NOTE: The purpose of the residential fire sprinkler systems is to provide a life safety evacuation fire suppression system for the occupants, as to increase the survivability rate during the occurrence of a residential structure fire.

d. Section 905, Standpipes, Amended. Section 905 of the 2009 IFC and the 2010 CFC is amended by adding the following Section 905.3(A):

905.3(A) Where Required. When the provisions of Section IFC Section 905.3 do not mandate fire standpipe system protection, approved fire standpipe system shall be installed in all buildings, except Group R-Division 3 occupancies, when the building or structure is three or more stories in height. Design and installation requirements shall be, as per the current edition of NFPA Standard #14. Each floor shall be provided with at least two fire department hose connection outlets.

4. Chapter 33: Fireworks and Pyrotechnical Special Effects Material. Section 3301.1 Amended: Chapter 3301.1 of the 2009 CFC is amended and is replaced by the following sections:

3301.1-A

All non-professional fireworks listed by the California State Fire Marshal as “Safe and Sane” are prohibited within the jurisdictional boundaries of the City of San Carlos on a year round basis.

3301.2

All professional pyrotechnical devices used for public display, or special effects, shall be in accordance with the applicable provisions of the State of California Code of Regulations, Title 19 and the applicable sections of the State of California Fire Code. Permits for public display and/or special effects shall be obtained from the City of San Carlos.

Application for a use permit shall be submitted to the Fire Department thirty days prior to the event.

(Ord. 1432 §§ 1 – 5, 2011: Ord. 1428 § 2 (part), 2010)

15.04.120 Title 24, Part 10, California Existing Building Code.

Title 24, Part 10, the California Existing Building Code (CEBC), 2010 Edition, is hereby adopted by reference. (Ord. 1428 § 2 (part), 2010)

15.04.125 Title 24, Part 11, California Green Building Standards Code with amendments and modifications.

Title 24, Part 11, the California Green Building Standards Code (CALGreen), 2010 Edition, is hereby adopted by reference, with amendments and modifications from Ordinance No 1422, San Carlos Green Building Ordinance, as set out in subsections A through J of this section.

Title 24, Part 11, California Green Building Standards Code (CALGreen), with Amendments and Modifications (San Carlos Green Building Ordinance).

A. Findings. To the extent the proposed San Carlos Green Building Ordinance effects changes to the California Building Standards Code as adopted by the City, the City Council finds the provisions herein to be reasonably necessary due to local climatic, geologic, topographic, and social conditions, specifically:

Climatic: the City of San Carlos is located in Climate Zone 3 with precipitation averaging approximately twenty inches per year. Most precipitation falls during the months of November through April, leaving a relatively dry period of approximately six months each year. Use of green building practices encourages water conservation and sustainable efforts that reduce usage in this area.

Geologic: the City of San Carlos is located in an active seismic area. The San Andreas Fault is located within three miles of the City. Use of green building practices encourages development away from these areas and the fault zone; and encourages locating development near existing public transportation and services found along El Camino Real and downtown areas of the City.

Topographic: the City of San Carlos can be characterized as a hillside community that is substantially built out. The remaining open space is generally located in steep terrain. New development often requires substantial grading, which impacts the topography of the adjacent land and results in unintended circumstances, such as runoff and drainage issues. Use of green building practices encourages reduced grading and the location of buildings in harmony with natural topography. In addition, the City of San Carlos is a community that values its trees. Use of green building practices encourages minimal disruption of the natural flora and fauna, and encourages strategic placement of trees, where practicable, for shading.

Social: the City of San Carlos City Council has provided staff with direction to adopt a green building ordinance with built-in measures to establish energy efficiency standards for new construction and remodel projects that exceed the State’s Title 24 energy requirements. Use of green building practices that employ higher standards above Title 24 energy requirements, as stated in the City’s Climate Action Plan, will further improve residential and commercial building energy efficiency.

The City of San Carlos intends by this section to ensure that all building subject to this section will consume no more energy than what is permitted by the 2008 California Building Energy Efficiency Standards (Title 24, Part 6) of the California Building Code.

B. Purpose. The purpose of the San Carlos Green Building Ordinance is to enhance public health and welfare by encouraging green building measures in the design, construction, operation and maintenance of buildings. The green building practices referenced in this section are intended to achieve the following goals:

1. To encourage conservation of natural resources;

2. To reduce waste in landfills generated by construction projects;

3. To increase energy efficiency and lower energy usage;

4. To reduce the operating and maintenance costs for buildings;

5. To promote a healthier indoor environment; and

6. To promote use of recycled material.

C. Amendments and Modifications. Section 15.04.125, Title 24, Part 11, California Green Building Standards Code (CALGreen), 2010 Edition, is hereby:

1. Adopted by reference as mandatory, with the following amendments and modifications:

a. Appendix A4, Section A4.203.1 Tier 1 (Residential Energy Efficiency: Exceed the California Energy Code based on the 2008 energy standards requirements by fifteen percent), adopted as mandatory; and

b. Appendix A4, Section A4.204 (Residential Energy Efficiency: Prescriptive Approach), adopted as mandatory; and

c. Appendix A5, Section A5.203.1.1 Tier 1 (Non-Residential Energy Efficiency: Exceed the California Energy Code based on the 2008 energy standards requirements by fifteen percent) adopted as mandatory.

2. Adopted with additional definitions, as amendments and modifications, for the purpose of application of the San Carlos Green Building Ordinance.

Section 15.04.125 D. Definitions.

3. Adopted as amendments and modifications, mandatory standards, for the purpose of application of the San Carlos Green Building Ordinance to include residential and non-residential projects.

Section 15.04.125 E. Mandatory Standards for Green Building Compliance for Residential Projects.

Section 15.04.125 F. Mandatory Standards for Green Building Compliance for Non-Residential Projects.

4. Adopted as amendments and modifications, voluntary standards, for the purpose of application of the San Carlos Green Building Ordinance.

Section 15.04.125 G. Voluntary Standards for Green Building Compliance for Residential and Non-Residential Projects.

5. Adopted as amendments and modifications, undue hardship provisions, for the purpose of application of the San Carlos Green Building Ordinance.

Section 15.04.125 H. Undue Hardship.

6. Adopted as amendments and modifications, final approval provisions, for the purpose of application of the San Carlos Green Building Ordinance.

Section 15.04.125 I. Final Approval.

7. Adopted as amendments and modifications, appeal provisions, for the purpose of application of the San Carlos Green Building Ordinance.

Section 15.04.125 J. Appeal.

D. Definitions.

For the purpose of this ordinance, the following terms shall have the meanings set forth below:

A. “Build It Green” means the non-profit organization that publishes the New Home Construction Green Building Guidelines, the Multi-Family Green Guidelines (Parts 1 and 2), Home Remodeling Green Building Guidelines, the GreenPoint Rated checklists, and any successor entity that assumes responsibility for the programs and operations of Build It Green.

B. “Green building” means a whole systems approach to the design, construction, location and operation of buildings and structures that helps to mitigate the environmental, economic, and social impacts of construction, demolition, and renovation. Green building practices recognize the relationship between the natural and built environment and seek to minimize the use of energy, water, and other natural resources and promote a healthy, productive indoor environment.

C. “GreenPoints” means credits assigned under the applicable GreenPoint Checklist for a residential project.

D. “GreenPoint Rated” means a residential green building rating system developed by Build It Green.

E. “Green Point Rated Verification” means verification of compliance by a certified GreenPoint Rater by Build It Green.

F. GreenPoint Rater means person certified by Build It Green.

G. “LEED©” means the “Leadership in Energy and Environmental Design” green building rating system developed by the U.S. Green Building Council.

H. “LEED©/USGBC Verification” means verification to meet the standards of the U.S. Green Building Council (USGBC) and resulting in LEED© certification of the project by the USGBC. Minimum level: Certified.

I. “Mixed use” means the construction of a building or buildings that include both non-residential and residential uses.

J. “Non-residential project” means the construction of retail, office, industrial, warehouse, services, hotels, motels, or similar building(s).

K. “Qualified green building professional” means a person trained through the USGBC as a LEED AP (accredited professional), or through Build It Green as a GreenPoint Rater, or other qualifications when acceptable to the Building Official. A certified green building professional, architect, engineer, designer, builder, or building inspector, may be considered a qualified green building professional when determined appropriate by the Building Official.

L. “Residential project” means the construction of R2, R3, R3.1, and R4 buildings, except hotels and motels.

M. “Residential reconstruction” means a residential-type project where the building at any time is uninhabitable, including removal of any or all utilities (water, electrical, natural gas, or sewer); or the project provides no permanent kitchen or bathroom facilities; or the project provides no shelter or ability to maintain heat as defined by code; or when over 50% of the foundation is replaced or reinforced other than the repair of a foundation failure; or when over 50% of the framing above the foundation is removed or replaced. Final determination whether a project meets the definition of residential reconstruction shall be made by the Building Official.

E. Mandatory Standards for Green Building Compliance for Residential Projects.

The following residential projects shall exceed Title 24 Energy Efficiency Standards by 15% as required under this ordinance:

A. New single family residences.

B. Residential additions over 500 square feet.

C. Residential reconstruction (as defined).

D. New multi-family buildings.

E. Multi-family additions over 500 square feet.

The means by which compliance measures are achieved shall be by Build It Green “GreenPoints”, LEED, other recognized point systems, Title 24 Energy Efficiency Standards, or equivalent approved methods. Compliance measures shall be approved by the Building Official prior to issuance of building permit. Projects are required to show verification of the required energy savings of 15% by comparison of the proposed building to the Title 24 standard building by calculation of the TDV energy.

F. Mandatory Standards for Green Building Compliance for Non-Residential Projects.

The following non-residential projects shall exceed Title 24 Energy Efficiency Standards by 15% as required under this ordinance:

A. New commercial buildings.

B. Commercial building additions over 5000 square feet.

C. Mixed use buildings.

G. Voluntary Standards for Green Building Compliance for Residential and Non-Residential Projects.

Projects listed under Sections 15.04.125 (E) and 15.04.125 (F) of this ordinance may achieve voluntary measures that exceed Title 24 Energy Efficiency Standards by 30%.

H. Undue Hardship.

Exemption. If an applicant for a covered project believes that circumstances make it an undue hardship to meet all of the requirements of this chapter, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show undue hardship and to show continued compliance with 2008 California Building Energy Efficiency Standards (Title 24, Part 6) of the California Building Code.

Application. If an applicant for a covered project believes such circumstances exist, the applicant may apply for an exemption at the time of the planning application or the building permit submittal. The applicant shall indicate the maximum threshold of compliance he or she believes is feasible and the circumstances he or she believes create an undue hardship to fully comply with this chapter. For the purposes of this section, an undue hardship exists if:

1) There is a lack of commercially available green building materials and technologies, or;

2) The green building compliance requirements do not include enough green building measures that are compatible with the scope and cost of the covered project.

Granting of Exemption. If the Building Official determines that it is an undue hardship for the applicant to fully meet the requirements of this chapter based upon the information provided, the Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. If a finding of undue hardship is determined, the decision of the Building Official shall be provided to the applicant in writing. If an exemption is granted, the applicant shall be required to comply with this chapter in all other aspects and shall be required to achieve, in accordance with this chapter, the threshold of compliance determined to be achievable by the Building Official.

Denial of Exemption. If the Building Official determines compliance would not constitute an undue hardship, the request shall be denied and the Building Official shall notify the applicant in writing.

All decisions of the Building Official under this section shall be final.

I. Final Approval.

Prior to final building inspection and occupancy for projects included under this ordinance, and when required by the Building Official, a qualified green building professional shall provide evidence of adequate green building compliance or documentation to the Building Official to satisfy the requirements of compliance for residential and non-residential projects covered under this ordinance. Evidence of green building compliance shall include, but not limited to, certification by Build It Green GreenPoint Rater or LEED specialist, or in-progress site inspections and final sign-off by a City of San Carlos building inspector. Compliance with Build It Green GreenPoints or LEED shall not be deemed complete until formal certification has been granted and submitted to the Building Official. Compliance of this ordinance alone does not equal compliance with GreenPoints or LEED. The Building Official shall make the final determination whether a project meets green building requirements of this ordinance.

J. Appeal.

Any decision or determination by the Building Official that the material or type of construction is not deemed to be in compliance with this ordinance may be appealed pursuant to California Administrative Code Section 112. Notice of such appeal must be filed with the Building Official not more than 15 days after the date on which the final decision or determination by the Building Official is rendered. The notice shall identify the decision or determination that is the subject of appeal and shall state the alleged error or reason for the appeal.

(Ord. 1428 § 2 (part), 2010; Ord. 1422 § 3, 2010)

15.04.130 Title 24, Part 12, California Referenced Standards Code.

Title 24, Part 12, the California Referenced Standards Code (CRSC), 2010 Edition, is hereby adopted by reference. (Ord. 1428 § 2 (part), 2010)

15.04.140 1997 Uniform Building Security Code.

The 1997 Uniform Building Security Code (UBSC) is hereby adopted by reference. (Ord. 1428 § 2 (part), 2010)

15.04.150 1997 Uniform Code for the Abatement of Dangerous Buildings with amendments and modifications.

The 1997 Uniform Code for the Abatement of Dangerous Buildings is hereby adopted by reference, with the following amendments and modifications:

A. Section 102.1, Purpose, replace “Building Code, Housing Code” with:

the current, adopted editions of the California Building Codes and current, adopted edition of the Uniform Housing Code.

B. Section 103, Alterations, Additions and Repairs, replace “Section 3402 of the Building Code” with:

the current, adopted edition of the California Building Codes.

C. Section 204, Inspection of Work, replace “Sections 108 and 1701 of the Building Code” with:

the current, adopted edition of the California Building Codes.

D. Section 301, General, replace the definition of “Building Code” with:

the California Building Code as adopted by this jurisdiction.

(Ord. 1428 § 2 (part), 2010)

15.04.160 1997 Uniform Housing Code with amendments and modifications.

The 1997 Uniform Housing Code is hereby adopted by reference, with the following amendments and modifications:

A. Section 104.1, Additions, Alterations or Repairs, replace: “See Section 3403 of the Building Code” with:

See Chapter 34 of the California Building Code, Part 2, Volume 2.

B. Section 401 Definitions, replace the definition of “Building Code” with:

The California Building Code as adopted by this jurisdiction.

C. Section 401 Definitions, replace the definition of “Health Officer” with:

The legally designated head of the San Mateo County Health Department or his/her deputy.

D. Section 401 Definitions, replace the definition of “Mechanical Code” with:

The California Mechanical Code as adopted by this jurisdiction.

(Ord. 1428 § 2 (part), 2010)

15.04.170 Findings.

The following findings have been made:

A. Geologic. The City of San Carlos is located near a very active seismic area, seismic zone E (previously known as seismic zone 4). The entire City is two to seven kilometers from the San Andreas Fault, a major active fault in California.

There are five major soils types in the City from the bay to the hillsides. There is existing fill overlying unconsolidated Holocene Bay mud deposits. There is unconsolidated Holocene fine to coarse-grained alluvial fan and basin deposits with a water table equal to or less than ten feet. There is unconsolidated Holocene fine to coarse-grained alluvial fan deposits with a water table equal to or greater than ten feet. There are weak consolidated Pleistocene fine to coarse-grained alluvial fan and basin deposits. There are colluvial and landslide deposits locally overlying sandstone and bedrock units.

There are high flooding hazards in two of the five soils types and moderate flooding hazards in two of the five. There is high ground settlement potential in the area along the bay. There is high potential for seismically induced ground failure in the same area and moderate potential in the adjacent area.

There is a high potential for seismically induced ground shaking in all areas in the City. There is a high potential for liquefaction in the area adjacent to the bay and moderate potential in the adjacent area. There is moderate potential for erosion and slope instability/landslides in approximately fifty percent of the City. Expansive soils or bedrock varies in significance in over two-thirds of the entire City.

These actions can cause great damage to structures in or on the ground. Gypsum wallboard and exterior Portland cement plaster have performed poorly during recent California seismic events. Cyclic seismic action testing has proven the limited seismic resistance of these materials.

B. Climatic. The local climate is characterized by markedly delineated rainy and dry seasons, which tend to maximize the expansive characteristics of soil.

C. Topography. San Carlos topography includes mountain and foothill areas. The ground elevation rises over nine hundred feet in less than one mile in much of the City resulting in large areas of unstable, steep slopes. Upgraded structural provisions are required to construct housing on these unpredictable, unstable steep slopes. Upgraded automatic sprinkler provisions are required due to approximately one-quarter of residential properties located in very high fire hazard severity zone.

D. The City Council hereby declares that it would have passed the ordinance codified in this chapter sentence by sentence, paragraph by paragraph and section by section, and does hereby declare that any provisions in this chapter are severable and, if for any reason any sentence, paragraph or section of this chapter shall be held invalid, such decision shall not affect the validity of the remaining parts of this chapter.

E. The ordinance codified in this chapter shall be published and posted according to law and shall take effect and be in force from and after thirty days after its passage and adoption. (Ord. 1428 § 2 (part), 2010)