Chapter 15.08
AMENDMENTS AND ADDITIONS TO THE CALIFORNIA RESIDENTIAL CODE

Sections:

15.08.010    Amendments and additions to the California Residential Code.

15.08.010 Amendments and additions to the California Residential Code.

A. The following amendments and additions as recommended by the building official are adopted to the California Residential Code, 2025 Edition, which is the 2024 International Residential Code as amended by the state of California.

1. Amend Section R105.5.1 to read as follows:

R105.5.1 Expiration (BSC). On or after January 1, 2019, every permit issued shall become invalid unless work on the site authorized by such permit is commenced and a building inspection received by the building official or their deputy. The inspection is required to have been approved or a correction list issued within 12 months of after its issuance, (or within 180 days if it is a reactivated previously expired permit), or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than thirty (30) days each prior to the expiration date of such permit with a maximum of three (3) 30-day extensions of time for the life of the permit at the building officials’ discretion. The extension shall be requested in writing and justifiable cause demonstrated. (See Health and Safety Code Section 18938.5 and 18938.6)

2. Add Section R105.5.2 to read as follows:

R105.5.2 Incomplete application expiration. Permit applications are valid for thirty (30) days after submittal. Applications that are incomplete or do not conform to the provisions of this code and relevant laws, ordinances, rules, and regulations as determined by the building official prior to the thirty (30) day expiration shall be deemed expired and a new application shall be required. Incomplete applications shall not be granted extensions of time.

3. Add Section R105.10 to read as follows:

R105.10 Reactivation of an expired permit. To continue work on an expired permit the permitee shall obtain an approval for reactivation of an expired building permit or apply for a new building permit for the remaining work prior to continuing any further construction. A written reactivation request will be reviewed by the building official provided no changes have been made or will be made in the original plans, details, or specifications for such work. Reactivation of an expired building permit shall be at the discretion of the building official per the California Building Code Chapter Section 105.5.1 Expiration (BSC) as amended by the Benicia Municipal Code Title 15 Buildings and Construction. If an expired building permit requires changes to the original plans, details, or specifications including but not limited to field changes or California Building Code cycle update, a new building permit shall be required for all remaining work. The new building permit application will be reviewed and issued under the current building code cycle and current fees established in the Benicia Master Fee Schedule as adopted by City Council. For any reactivated permits that require only a final inspection, the reactivation fee shall be set by the building official for cost recovery based on the hourly rate in the current Benicia Master Fee Schedule as adopted by City Council. Reactivation of a permit shall become invalid unless work on the site authorized by such permit is commenced and a building inspection is received by the building official or their deputy with thirty (30) days after reactivation. A maximum of three (3) 30-day extensions of time are allowed for the life of the permit at the building officials discretion.

4. Add Section R106.6 to read as follows:

R106.6 Standard plans. The building official may review for compliance a set of plans for a building or structure as a “standard plan,” provided the applicant has made proper application, submitted a complete set of plans, and paid the plan review fee required by the Benicia Master Fee Schedule adopted by City Council. When it is desired to use an approved “standard plan” for an identical structure, a plot plan and or floor plan shall be submitted by application and a plan-review fee paid based on the hourly rate but no less than one (1) hour per the current Benicia Master Fee Schedule as adopted by City Council for such identical work. In case of any deviation whatsoever from this standard plan, complete plans, together with a full plan-review fee required by the Benicia Master Fee Schedule as adopted by City Council, shall be submitted for the proposed work. Standard plans shall be valid for a period of one (1) year from the date of approval or as mandated by law. This period may be extended by the building official when there is evidence that the plan may be used again. The building code in effect when the plan review application is submitted, and the plan review fee paid shall be the governing code.

5. Amend Section R108.1 to read as follows:

R108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. Fees shall be assessed in accordance with the Benicia Master Fee Schedule and the California Building Code section 109 Fees, California Mechanical Code section 104.5 Fees and California Plumbing Code section 104.5 Fees, including all amendments and additions as adopted by City Council, or as established through city contracted support services whichever is higher.

6. Amend Section R108.3 to read as follows:

R108.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at the time of application. Permit valuation shall include the total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing, equipment, and permanent systems including materials and labor. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates in the form of a bid for work from a California licensed contractor of that discipline, a signed contract for scope of work to be performed on the permit from a California licensed contractor of that discipline, or the valuation meets the minimum square foot cost from the current building value date table for the Benicia Master Fee Schedule as adopted by City Council. The building official shall have the authority to adjust the final valuation for permit fees.

7. Amend Section R108.5 to read as follows:

R108.5 Refunds. The building official may authorize the refunding of building permit inspection and electrical fees paid when no work has commenced under a permit in accordance with this code or when an applicant wishes to withdraw an application for a permit for which a plan review fee has been paid. Plan review fees collected shall not be subject to refund if plan review has commenced. Permit fees collected shall not be subject to refund past thirty (30) days from the date issuance. Permit application, technology, and general maintenance fees collected shall not be subject to refund. An administrative fee established by the Benicia Master Fee Schedule as adopted by City Council will be assessed for any permit refund request unless fees were charged in error by City staff. Fees collected for other departments or divisions shall be refunded and processed by and at the discretion of those departments and divisions.

8. Amend Section R108.6 to read as follows:

R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to an investigation fee established in the Benicia Master Fee Schedule as adopted by City Council. An investigation shall be made before a permit may be issued for such work. Whether or not a permit is then or subsequently issued an investigation fee established by the Benicia Master Fee Schedule as adopted by City Council shall be collected at time of application. In addition to all fees required by this section all fees established by the California Mechanical Code section 104.4.2 Investigation fees and California Plumbing Code section 104.4.2 Investigation fees, including all amendments and additions as adopted by City Council shall be paid. The payment of such investigation fees shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. The building official shall have the authority to reduce but at no time waive an investigation fee at their discretion. In addition to all fees required as established by the California Mechanical Code section 104.4.2 Investigation fees and California Plumbing Code section 104.4.2 Investigation fees, including all amendments and additions as adopted by City Council. All investigation fees shall be in addition to the required permit fees.

9. Add Section R108.7 to read as follows:

R108.7 Plan review fees. Plan review fees established by the Benicia Master Fee Schedule as adopted by City Council shall be paid at the time of submitting plans, calculations, and specifications for plan review. Plan review fees cover 1st and 2nd review. When a submittal of documents is a 3rd or subsequent review, incomplete, revised to require additional plan review, or when the project involves deferred submittal items an additional plan review fee will be charged at an hourly rate as established by the Benicia Master Fee Schedule as adopted by City Council or as established by contract of support services. All fees incurred during plan review including one-on-one consultations from an outside contract service company are considered pass-through fees and shall be paid at each cycle of review by the applicant in full whether a permit is issued or not. Separate plan review fees shall be paid in addition to building plan review fees as established by the California Mechanical Code section 104.3.2 Plan review fees and the California Plumbing Code section 104.3.2 Plan review fees, including all amendments and additions as adopted by City Council. Electrical plan review fees shall be paid as established in the Benicia Master Fee Schedule as adopted by City Council.

10. Add Section R108.8 to read as follows:

R108.8 Reactivation of expired permit fees. Expired permits that have been approved for reactivation by the building official shall pay fees based on the valuation of all remaining work in addition to all fees required as established by the California Mechanical Code section 104.4.3 Expiration and California Plumbing Code section 104.4.4 Extension, including all amendments and additions as adopted by City Council. If the reactivated permit only requires a final inspection, fees shall be set by the building official for cost recovery based on the hourly rate of the current Benicia Master Fee Schedule as adopted by City Council.

11. Add Section R108.9 to read as follows:

R108.9 Reinspection and phasing fees. A reinspection and or phasing fees established in the Benicia Master Fee Schedule as adopted by City Council may be assessed for each inspection or reinspection when such portion of work for which inspection is scheduled is not complete, has been phased, or when corrections called for previously are not complete. In instances when reinspection and or phasing fees have been assessed, no additional inspection of work will be performed until the required fees have been paid.

12. Amend Section R308 to read as follows:

R308 Premise Identification. Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Any new building or an existing building that undergoes an alteration or addition that requires a building permit shall be provided with approved address identification as follows:

a. Residential- All residential buildings shall have a minimum numeral size of 4" high with a 1/2" wide stroke and shall contrast with the background.

b. Lighting of building addresses – The building address for all new buildings constructed after October 1, 2022, shall be automatically lighted at night.

Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Address identification shall be maintained.

13. Amend Section R902.1.2 to read as follows:

R902.1.2 Roof coverings in all other areas other than fire hazard severity zones or in the wildland-urban interface (WUI) area. The entire roof covering of every existing structure where more than 50-percent of the total roof area is replaced within any 1-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 a class B or better. (Climatic III)

14. Add Section R902.5 to read as follows:

R902.5 All new roof coverings in all areas other than fire hazard severity zones or in wildland-urban interface (WUI) area shall be a class B or better roof covering assembly as defined by section 902 Fire Classification. (Climate III)

15. Add Section R1007 to read as follows:

R1007 Wood Burning Stoves or devices must meet or exceed the requirements specified in Bay Area Air Quality Management District Regulation 6, Rule 3: Wood-burning devices. (Climate II)

16. California Residential Code Appendices to Be Adopted. The 2025 California Residential Code is further amended by adopting with amendments the following appendix chapters:

a. Appendix AA – Board of Appeals.

b. Appendix AB – Permit Fees.

c. Appendix BB – Tiny Houses.

d. Appendix BF – Patio Covers.

e. Appendix BG – Sound Transmission.

17. Amend Section BG101.1 to read as follows:

BG101.1 General. Wall and floor-ceiling assemblies separating dwelling units, including those separating adjacent townhouse units, shall provide airborne sound insulation for walls, and both airborne and impact sound insulation for floor-ceiling assemblies. Conversion of an existing structure to include an accessory dwelling unit and it is in the opinion of the building official that some or all of appendix BG requirements are infeasible or will affect the historic fabric of the structure, the building official shall have the authority to waive some or all of appendix BG requirements at their discretion.

f. Appendix BH – Automatic Gates.

g. Appendix BO – Existing Buildings and Structures.

h. Appendix CJ – Emergency Housing.

(Ord. 25-11 § 1).