Chapter 15.05
ADOPTION OF THE 2019 EDITION OF THE CALIFORNIA BUILDING CODE

Sections:

15.05.010    Adoption of the California Building Code, 2019 Edition.

15.05.020    Amendments.

15.05.030    Regulation of building construction.

15.05.010 Adoption of the California Building Code, 2019 Edition.

The 2019 Edition of the California Building Code (Part 2 of Title 24 of the California Code of Regulations), including Volumes 1 and 2, based on the 2018 International Building Code as published by the International Code Council, is hereby adopted by reference. A copy of the building code as adopted is on file in the office of the building official and is open to public inspection. [Ord. 368 § 1, 2019; Ord. 364 § 1, 2019; Ord. 344 § 1, 2016; Ord. 329 § 1, 2013; Ord. 311 § 1, 2011; Ord. 276 § 2, 2008; Ord. 198 § 2, 2002; Code 1990 § 8.2.01.]

15.05.020 Amendments.

The California Building Code is amended as follows:

A. Except as hereinafter provided, the California Building Code, Chapter 1, Division II, 2019 Edition, is hereby made a part hereof as though set forth in full and the same shall be established and adopted as the rules, regulations, provisions and conditions for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use and maintenance of buildings or structures in the city, and is hereby adopted by reference as the scope and administration provisions of the city of Calimesa.

B. California Building Code, Chapter 1, Division II (“Scope and Administration”), as adopted herein, is amended as follows:

Section 104.8, Liability, of Chapter 1, Division II of the California Building Code is hereby amended to read as follows:

Section 104.8 Liability. The Building Official or his or her authorized representative as employees or acting under contract as agents of this jurisdiction, charged with the enforcement of this code and the technical codes, acting in good faith and without malice in the discharge of his duties, shall not thereby be rendered personally liable for damage that may occur to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the Building Official, employee or his/her authorized agent acting under contract of this jurisdiction, because of such act or omission performed by the Building Official, employee or his/her authorized agent acting under contract of this jurisdiction in the enforcement of the provisions of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting there from shall be assumed by this jurisdiction.

This Code shall not be construed to relieve from or lessen the responsibility of any such person owning, operating or controlling a building, structure or building service equipment therein for damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming such liability by reason of the inspections authorized by this code or permits or certificates issued under this Code.

Section 105.2, Work exempt from a permit, of Chapter 1, Division II of the California Building Code is hereby amended by amending exemptions 2 and 9 to read as follows:

2. Fences not over 6 feet (2134 mm) high.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

Section 105.5, Expiration, of Chapter 1, Division II of the California Building Code is hereby amended to read as follows:

Section 105.5 Expiration. Every residential permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 365 days after its issuance, or if work has been suspended or abandoned for a period of 180 days between each required inspection. Every commercial permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if work has been suspended or abandoned for a period of 180 days between each required inspection. The building official is authorized to grant, in writing, only one extension of time for a period of 180 days. The extension shall be requested in writing and justifiable cause demonstrated.

Section 109.2, Schedule of permit fees, of Chapter 1, Division II of the California Building Code is hereby amended to read as follows:

Section 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems, grading or alterations requiring a permit, a fee for each permit shall be paid as set forth in the most recent resolution of the City Council regarding fees for building, plumbing, mechanical, electrical, solar, fire and grading permits. When a plan or other data is required to be submitted by Section 106.1, the plan review fee, established by city council resolution, must be paid at the time of submitting plans and specifications for review.

Section 109.6.1, Fee refunds, of Chapter 1, Division II is added to the California Building Code to read as follows:

The Building Official may authorize a refund of any fee that was erroneously paid or collected.

The Building Official may authorize a refund of not more than 80 percent of the applicable permit fee paid when no work has been done under the permit.

The Building Official may authorize a refund of not more than 80 percent of the plan review fee paid when an application for a permit is withdrawn or canceled before any examination time has been expended.

The Building Official may not authorize a refund of any fee paid except upon written application filed by the original permittee no later than 180 days after date of fee payment.

Section 109.7, Investigation fees: Work without a permit, of Chapter 1, Division II is added to the California Building Code to read as follows:

109.7.1 Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation will be made before a permit may be issued.

Section 109.7.2, Fee, of Chapter 1, Division II is added to the California Building Code to read as follows:

109.7.2 Fee. An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then or subsequently issued. The investigation fee must be equal to the amount of the permit fee required by this code and will be established by City Council resolution. The payment of such investigation fee will not exempt an applicant from compliance with all other provisions of either this code or the technical codes, nor from the penalty prescribed by law.

Section 109.8, Reinspection fees, of Chapter 1, Division II is added to the California Building Code to read as follows:

109.8 Reinspection Fees. A reinspection fee may be imposed for each inspection or reinspection, when such portion of work for which inspection is called is not complete or when required corrections are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of the technical codes, but as a method of controlling the practice of calling inspections before the job is ready for such inspection or reinspection.

Reinspection fees may be imposed when the inspection record card is not posted, or otherwise not available on the work site; the approved plans are not readily available to the inspector; for failure to provide access on the date for which the inspection is requested; or for deviating from plans requiring the approval of the Building Official.

To obtain a reinspection, the applicant must file an application in writing upon a city-approved form and pay the applicable reinspection fee.

In instances where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.

Section 111.3, Temporary occupancy, of Chapter 1, Division II is added to the California Building Code to read as follows:

Section 111.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit and approvals; provided that such portion or portions shall be occupied safely, and approvals granted from associated departments. The building official shall set a time period during which the temporary occupancy is valid, and the applicant shall provide a bond or cash deposit for the cost of completion of the work.

Section 113.3, Board of appeals qualifications, of Chapter 1, Division II is added to the California Building Code to read as follows:

Section 113.3 Board of appeals qualifications. The City Council shall be designated as the board of appeals.

Section 202, Definitions, of Chapter 2, Division II. “Barrier,” “spa, non-self-contained” and “spa, self-contained” are added to the California Building Code; and amending the definition of “swimming pool” by revising these definitions to read as follows:

Barrier. Barrier is a fence, wall, building wall, or any combination of these that completely surrounds the swimming pool and obstructs access to the swimming pool.

Swimming Pools. Any body of water created by artificial means which is designed, intended for use, or used for swimming or immersion purposes, which has a water depth exceeding 18 inches. The term, “pool,” includes swimming pools, spas, hot tubs, above- and below-ground, and vinyl-lined pools; pool does not include plumbing fixtures such as bathtubs nor does it apply to man-made lakes, reservoirs, farm ponds, or ponds used primarily for public park purposes, water conservation purposes, irrigation purposes or for the watering of livestock.

SPA, NON-SELF-CONTAINED means a hydro-massage pool or tub for recreational or therapeutic use, not located in health-care facilities, designed for immersion of users and usually having a filter, heater and motor driven blower. It may be installed indoors or outdoors, on the ground or on a supporting structure, or in the ground or in a supporting structure. A non-self-contained spa is intended for recreational bathing and contains water over 18 inches deep.

SPA, SELF-CONTAINED means a continuous-duty appliance in which all control, water-heating and water-circulating equipment is an integral part of the product, located entirely under the spa skirt. A self-contained spa is intended for recreational bathing and contains water over 18 inches deep.

Section 1505.1, Roof assembly requirements, of Chapter 15 of the 2019 Edition of the California Building Code is hereby amended to read as follows:

Section 1505.1 Roof assembly requirements. The roof assembly on any structure regulated by this code shall be as specified in Table 1505.1 except that only fire retardant roof coverings meeting Class A roofing assemblies are permitted in the City of Calimesa. Roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. The roofing assembly includes the roof deck, underlayment, interlayment, insulation and covering, which is assigned a roof classification.

Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610.

The following provision is hereby added to Volume 2, Chapter 31 of the California Building Code (“Special Construction”) as follows:

Section 3109.1, General, of the California Building Code is amended to read as follows:

3109.1 General. The design and construction of swimming pools, spas and hot tubs shall comply with this code.

Section 3109.3, Residential swimming pools, is added to the California Building Code to read as follows:

3109.3 Residential swimming pools. Residential swimming pools shall be completely enclosed by a barrier complying with Sections 3109.3.1 through 3109.3.3.

Sections 3109.3.1 through 3109.3.3 are added to the California Building Code to read as follows:

Section 3109.3.1 Barrier Height and Clearances. The top of the barrier must be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier must be two inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier must be four inches.

Section 3109.3.1.1 Openings. Openings in the barrier must not allow passage of a 4-inch-diameter sphere.

Section 3109.3.1.2 Solid barrier surfaces. Solid barrier surfaces which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

Section 3109.3.1.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not be greater than 1 3/4 inches in width. Where there are decorative cutouts within vertical members, spacing with the cutouts shall not be greater than 1 3/4 inches in width.

Section 3109.3.1.4 Widely spaced horizontal members. Where the barrier is composed of horizontal members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members must not be greater than 4 inches. Where there are decorative cutouts within vertical members, spacing must not be greater than 1 3/4 inches in width.

Section 3109.3.1.5 Chain link dimensions. Mesh size for chain link fences must not be greater than 1 3/4 inches in width, unless the fence is provided with slats fastened at the top or bottom that reduce the openings to not more than 1 3/4 in width.

Section 3109.3.1.6 Diagonal members. Where the barrier is composed of diagonal members shall not be greater than 1 3/4 inches.

Section 3109.3.1.7 Gates. Access gates must comply with the requirements of Sections 3109.3.1 through 3109.3.1.6 and must be equipped to accommodate a locking device. Pedestrian access gates must open outward away from the pool and must be self-closing and have a self-latching device. Doors or gates other than pedestrian access gates must have a self-latching device and must be equipped with lockable hardware or padlocks and must remain locked at all times when not in use. Release mechanisms must comply with Sections 1010.1.9 and 1109.13. Where release mechanisms of the self-latching device are located less than 60 inches above grade measured on the side of the barrier that faces away from the swimming pool, the release mechanism must be located on the pool side of the gate at least three inches below the top of the gate and the gate barrier may have no opening greater than one-half inch within 18 inches of the release mechanism.

Section 3109.3.1.8 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, two safety devices must be provided in accordance with Section 115922 of the California Health and Safety Code.

Section 3109.3.1.9 Pool structure as barrier. Where an above-ground pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.3.1.1 through 3109.3.1.8. Where the ladder or steps are secured, locked or removed, any opening shall not allow the passage of a 4-inch-diameter sphere.

Section 3109.3.2 Indoor swimming pools. Wall surrounding indoor swimming pools shall not be required to comply with Section 3109.3.1.8. through 3109.3.3.

Section 3109.3.3 Prohibited Locations. Barriers shall be located as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. There shall be a clear zone of not less than 36" between the exterior of the enclosure and any permanent structures or equipment such as pumps, filters and heaters that can be used to climb the enclosure.

Section 3109.4, Withholding approval, is added to the California Building Code to read as follows:

Section 3109.4 Withholding approval. Plaster inspection or approval to fill a pool or spa with water shall be withheld by the Building Official, until there has been compliance with all fencing and other requirements of this Section.

Appendices A, B, C, D, E, and K are deleted.

Appendix J103.2, Exemptions, of the California Building Code is hereby revised to read as follows:

Section J103.2 Exemptions. A grading permit shall not be required for the following:

When approved by the building official, grading, which consist of a fill less than 1 foot in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 2ft in depth, not intended to support structures, that does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course. Such grading shall be in an isolated, self-contained area, provided there is no danger to the public, and such grading will not adversely affect adjoining properties.

Excavation for construction of a structure permitted under this code. Cemetery graves.

Refuse disposal sites controlled by other regulations. Excavations for wells, or trenches for utilities.

Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties. Exploratory excavations performed under the direction of a registered design professional.

Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

Section J104.2.1, Grading Designation, is added to the California Building Code to read as follows:

Section J104.2.1 Grading Designation. All grading exceeding 1,000 cubic yards must be performed in accordance with the approved grading plan prepared by a civil engineer and will be designated as engineered grading. Grading involving less than 1,000 cubic yards will be designated regular grading, unless Public Works Director or Building Official’s determines that special conditions or unusual hazards exist, in which case the grading must conform to the requirements for engineered grading.

Section J104.2.2, Engineered Grading Requirements, is added to the California Building Code to read as follows:

Section J104.2.2 Engineered Grading Requirements. Application for a grading permit must, at a minimum, be accompanied by, but not be limited to, two sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications must be prepared and signed by an individual licensed by the State to prepare such plans or specifications when required by the Public Works Director or Building Official.

Specifications must contain information covering construction and material requirements.

Plans must be drawn to scale upon substantial mylar; must be of sufficient clarity to indicate the nature and extent of the work proposed; and show in detail that they will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans must give the location of the work, the name and address of the owner, and the person who prepared the plans.

The plans must include, but not be limited to, the following information:

1. General vicinity of the proposed site.

2. Property limits and accurate contours of existing ground and details of terrain and area drainage.

3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction.

4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains.

5. Location of any buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent owners that are within 15 feet (4572 mm) of the property, or that may be affected by the proposed grading operations.

6. Recommendations included in the soils engineering report and the engineering geology report must be incorporated in the grading plans or specifications. When approved by the Public Works Director or Building Official, specific recommendations contained in the soils engineering report and the engineering geology report, which are applicable to grading, may be included by reference.

7. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms, or individuals, who prepared the reports.

Appendix J, Section 105.1, is amended by inserting the following sentence after the first sentence of Section J105.1 to read:

All grading equaling or greater than 5000 cubic yards shall be reviewed, permitted and inspected by the City Engineer or the Building Official.

[Ord. 368 § 1, 2019; Ord. 344 § 1, 2016; Ord. 329 § 1, 2013; Ord. 311 § 1, 2011.]

15.05.030 Regulation of building construction.

Each and all of the regulations, provisions, conditions and terms of the California Building Code, as adopted by this chapter, shall govern and regulate the erection, construction, enlargement, alteration, repair, moving, removing, demolition, conversion, occupancy, equipment, use height, area, maintenance, issuance of permits and collection of fees for such permits, of all buildings or structures within the city of Calimesa. [Ord. 368 § 1, 2019; Ord. 344 § 1, 2016; Ord. 329 § 1, 2013; Ord. 311 § 1, 2011; Ord. 276 § 2, 2008; Ord. 198 § 2, 2002; Code 1990 § 8.2.02. Formerly 15.05.020]