Chapter 15.24
WORK/LIVE OCCUPANCY CODE
Sections:
15.24.010 References to California Building Code.
15.24.020 Copies on file.
15.24.030 Definition of occupancies.
15.24.040 General requirements.
15.24.050 Living space and accessory uses.
15.24.060 H occupancies.
15.24.070 Energy conservation.
15.24.080 Occupancy classification, exiting and area separation.
15.24.090 Mixed uses and other uses in work/live occupancies.
15.24.100 Alternate materials and methods of construction.
15.24.110 Relationship to other code requirements.
15.24.010 References to California Building Code.
Whenever reference is made to the California Building Code herein, it shall refer to the latest edition of the California Building Code, including state of California amendments thereto, and such amendments as may be adopted by the city of Benicia. (Ord. 08-15 § 1; Ord. 99-11).
15.24.020 Copies on file.
One copy of the California Building Code as adopted by BMC 15.24.010, and all amendments thereto, shall be kept on file in the building official’s office for inspection by the public. (Ord. 08-15 § 1).
15.24.030 Definition of occupancies.
“Art-making,” for the purposes of this chapter, is the activity of creating objects and expressions of form (inert, organic, or synthetic) primarily for purposes of visual contemplation. Art-making activities include creative endeavors in the visual arts. Art-making is an activity undertaken by an artist; it is not a hobby activity.
“Work/live occupancy (W/LO)” is a room or combination of rooms in a building used for both art-making (work) and living purposes by one or more persons maintaining a common household in that space. The residential use of the space is secondary to its primary use as a place of art-making (work). (Ord. 08-15 § 1; Ord. 99-11. Formerly 15.24.020).
15.24.040 General requirements.
Any building which contains a work/live occupancy shall comply with the California Building Code (CBC), except as provided for herein. Each work/live occupancy shall comply with the standards of habitability set forth in the CBC and other codes and amendments adopted herein. The entire structure containing work/live occupancies shall be equipped with fire sprinklers and fire alarms designed and installed in accordance with the requirements of the International Fire Code, fire marshal and other codes and amendments adopted herein. These requirements may vary depending upon the use, size of structure and location of the structure on the property. Where any building contains a work/live occupancy adjacent to any other units within the building or adjacent to any other building, such units shall be separated by the fire-resistive requirements as required by the CBC and other codes and amendments adopted herein.
All electrical, plumbing and mechanical work in any work/live occupancies shall comply with the requirements of the California Building, Electrical, Mechanical and Plumbing Codes and any amendments adopted by the city of Benicia. (Ord. 08-15 § 1; Ord. 99-11. Formerly 15.24.030).
15.24.050 Living space and accessory uses.
Any living area shall be deemed a secondary use under the building code.
Work/live occupancies (W/LO) shall conform with all of the following:
A. The minimum usable floor area of an individual W/LO is 660 square feet.
B. A minimum of two-thirds of the W/LO floor area is designated as the art-making (work) portion and a maximum of one-third is designated as the living portion.
C. The art-making (work) portion of the W/LO is not used for nor arranged for any purpose involving employees, nor for regular access by the general public, nor for purposes other than art-making activities. Up to 25 percent of the art-making (work) portion may be arranged for dual purposes such as meeting, telephoning, drawing, accounting, contemplating, reading, etc. The living portion of the W/LO is used for or arranged for purposes such as sleeping, eating, cooking and sanitation.
D. The maximum number of people who live in an individual W/LO is one person for each 150 square feet of floor area that is designated as a living portion of the space.
Work/live units shall not be classified as, or subject to, the standards applicable to efficiency dwelling units under the CBC. (Ord. 08-15 § 1; Ord. 99-11. Formerly 15.24.040).
15.24.060 H occupancies.
H occupancies, as defined in the California Building Code, are prohibited in any unit containing a work/live occupancy. (Ord. 08-15 § 1; Ord. 99-11. Formerly 15.24.050).
15.24.070 Energy conservation.
Any unit which contains a work/live occupancy shall comply with the energy conservation and disabled access requirements of each applicable occupancy group as defined by the CBC and Title 24 of the California Code of Regulations.
Any work room or area in any work/live unit which is available for use by clients, employees or the general public shall comply with the accessibility requirements of the California Building, Electrical, Mechanical and Plumbing Codes and any amendments adopted by the city of Benicia. (Ord. 08-15 § 1; Ord. 99-11. Formerly 15.24.060).
15.24.080 Occupancy classification, exiting and area separation.
A. Any building which contains one or more work/live occupancies shall satisfy the following requirements:
1. The entire building shall comply with the applicable provisions of the California Building Code for B and R-3 occupancies.
2. The sleeping area of any work/live occupancy shall conform to the bedroom egress requirements of the California Building Code or be provided with at least one exit which has direct, unobstructed access in visual sight of the bedroom.
B. Any building containing three or more work/live units shall comply with the requirements for an R-2 occupancy.
C. Any building containing work/live occupancies shall comply with the most restrictive applicable requirements of this code which pertain to the specific occupancy. (Ord. 08-15 § 1; Ord. 99-11. Formerly 15.24.070).
15.24.090 Mixed uses and other uses in work/live occupancies.
Work areas in work/live occupancies intended for uses other than R-3 or B occupancies shall be classified by the building official in accordance with the California Building Code or amendments made to the code by the city of Benicia. These requirements are not limited to occupancy, separation, allowable area and exits as required by the CBC for a proposed occupancy. (Ord. 08-15 § 1; Ord. 99-11. Formerly 15.24.080).
15.24.100 Alternate materials and methods of construction.
Notwithstanding the specific requirements, provisions and standards imposed by this chapter, the building official may approve alternate materials and/or methods of construction if he or she determines that such proposed alternate materials and/or methods of construction would be equivalent to that prescribed in this chapter. (Ord. 08-15 § 1; Ord. 99-11. Formerly 15.24.090).
15.24.110 Relationship to other code requirements.
Except with respect to those requirements, standards and provisions specifically imposed by this chapter, construction materials and methods of construction shall be governed by and in accordance with the California Building Code (CBC). In the event there is a conflict between any requirement, standard or provision imposed by this chapter and any other provision, standard or requirement of state law, the more restrictive standard shall apply. (Ord. 08-15 § 1; Ord. 02-4 N.S.; Ord. 99-11. Formerly 15.24.100).