HomeMy WebLinkAboutCC ORD 2008-2300 Amends Ch. 15.08, California Building Code (15.08)ORDINANCE NO. 2008 — 2300
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADOPTING VOLUMES I AND II OF THE
2007 CALIFORNIA BUILDING CODE, APPENDIX CHAPTER 1
AND APPENDICES C, G, H, AND I OF SAID CODE,
INTERNATIONAL BUILDING CODE, 2006 EDITION FOR
THOSE PROVISIONS NOT INCLUDED IN THE2007
CALIFORNIA BUILDING CODE, AMENDING CERTAIN
SECTIONS; PROVIDING PENALTIES FOR
VIOLATION THEREOF, AND AMENDING CHAPTER 15.08
OF THE NATIONAL CITY MUNICIPAL CODE
The City Council of the City of National City does ordain as follows:
Section 1. The City Council of the City of National City hereby adopts Volumes I and
11 of the 2007 California Building Code, Appendix Chapter 1 and Appendices C, G, H, and I of
said Code, and the International Building Code, 2006 Edition for those provisions not included in
the 2007 California Building Code.
Section 2. The City Council of the City of National City hereby amends, adds, and
deletes certain sections of the 2007 California Building Code and Appendix Chapter 1 of said
Code, thereby amending Chapter 15.08 of the National City Municipal Code to read as follows::
Sections:
15.08.010
15.08.015
15.08.020
15.08.025
15.08.030
15.08.035
15.08.040
15.08.045
15.08.050
15.08.055
15.08.060
15.08.065
15.08.070
15.08.075
CHAPTER 15.08
CALIFORNIA BUILDING CODE*
California Building Code — Adopted
Chapter 1," Administration" — Deleted
Chapter 2, "Definitions" — Added
Appendix Chapter 1, Section 104.6 —
Appendix Chapter 1, Section 105.2 —
Appendix Chapter 1, Section 105.3.2
Amended
Appendix Chapter 1, Section 105.5 —
Appendix Chapter 1, Section 105.7 —
Appendix Chapter 1, Section 105.8 —
Appendix Chapter 1, Section 108.2 —
Appendix Chapter 1, Section 108.4-
- Amended
Appendix Chapter 1, Section 109.3.8.
Appendix Chapter 1, Section 110.3 —
Appendix Chapter 1, Section 112.1 —
in part.
"Right of entry" — Amended
"Work exempt from permit" — Amended
— "Time limitation of application" —
"Expiration" — Amended
"Placement of permit" — Amended
"Permit denial" — Added
"Fees" — Amended
"Work commencing before permit issuance"
1 — "Re -inspections" — Added
"Temporary occupancy" — Amended
"Board of Appeals" — Amended
Ordinance No. 2008-2300 1 Building Code Ordinance
15.08.080
15.08.085
15.08.090
15.08.095
15.08.100
Appendix Chapter 1, Section 113 — "Violations" — Amended
Section 501.2 — "Address numbers" — Amended
Table 1505.1 "Minimum roof covering classification" — Amended
Section 3407.1.1 "Historic buildings" — Added
Appendix Chapters C, G, H, and I — Adopted
15.08.010 California Building Code Adopted. The city council adopts, for the purpose of
prescribing regulations governing the erection, construction, enlargement, alteration, repair,
moving, removal, demolition, conversion, occupancy, use, height, area, fire resistance and
maintenance of all buildings and/or structures, the 2007 California Building Code, California
Code of Regulations Title 24, Part 2, of the California State Health and Safety Code Sections
18901, et. seq., Volumes I and II, Appendix Chapter 1 and Appendices C, G, H and I, published
by the International Code Council and the California Building Standards Commission 2007
Edition, along with the International Building Code 2006 Edition for those provisions not
included in the 2007 California Building Code including specified Appendices, save and except
such portions as are deleted, added, or modified, of which copies of all the codes have been
and are now filed in the office of the Director of Building and Safety; and, the same are adopted
and incorporated as fully set out at length in this chapter, and the provisions thereof shall be
controlling within the city limits.
15.08.015 Chapter 1 "Administration" — Deleted in part. Chapter 1, General Code
Provisions of the 2007 California Building Code is deleted with the exception of the California
Matrix Adoption Table which includes those sections mandated to be enforced by the Authority
Having Jurisdiction.
15.08.020 Chapter 2 "Definitions" — Added. The following definition is added to
Section 202 to read as follows:
Authority Having Jurisdiction. The Authority Having Jurisdiction means
the Director of the Building and Safety Department of the City of National City,
which includes the Director's duly authorized representative, and includes the
Building Official.
15.08.025 Appendix Chapter 1, Section 104.6 "Right of entry" — Amended.
Section 104.6 of the 2007 California Building Code is amended to read as follows:
104.6 Right of Entry. When necessary to make an inspection to enforce any of
the provisions of this code, or when the Authority Having Jurisdiction has reasonable
cause to believe that there exists a condition that makes such building or premises
unsafe, dangerous or hazardous, the Authority Having Jurisdiction and /or their
representatives may request entry as specified on Chapter 1.12 of the National City
Municipal Code.
15.08.030 Appendix Chapter 1, Section 105.2 "Work exempt from permit" —
amended. Section 105. Building: Item 4 of the 2007 California Building Code is amended to
read as follows:
Permits for retaining walls shall be as specified in the National City
Municipal Code, Chapter 15.70.
Ordinance No. 2008-2300 2 Building Code Ordinance
Section 105.2 Building: of the 2007 California Building Code the following items
are added:
14. Playground, gymnastic and similar equipment and
structures used for recreation and athletic activities accessory to Group R
Division 3 structures.
15. Repairs to lawfully existing Group R Division 3 structures
and Group U occupancy structures accessory to Group R Division 3
structures constructed pursuant to a building permit which involves only
the replacement of component parts or existing work completed with
similar materials only for the purpose of maintenance and do not affect
any structural components or plumbing, mechanical or electrical
installations. Repairs exempt from permit requirements shall not include
any addition, change or modification in construction, exit facilities or
permanent fixtures or equipment. Specifically exempt from permit
requirements are:
(1) Painting and decorating including refinishing of
exterior stucco finishes.
(2) Installation of floor covering.
(3) Cabinet work.
(4) Outside paving on private property, not within the
public right-of-way.
(5) Replacement of existing windows with no structural
modification of the existing window opening.
16. Ground mounted satellite antennas not exceeding
ten feet in diameter and roof mounted satellite antennas not
exceeding eight feet in diameter.
17. Painted wall signs and styrofoam or other foam
mounted wall signs.
15.08.035 Appendix Chapter 1, Section 105.3.2 "Time Limitation of Application" —
Amended. Section 105.3.2 of the 2007 California Building Code is amended to read as follows:
Section 105.3.2 Time limitation of plan check application. An application
for a permit for any proposed work shall be deemed to have been abandoned six
months after the date of filing, unless such application has been pursued in good
faith or a permit has been issued; except that the building official is authorized to
grant a maximum of three extensions for an additional time of three months each,
provided there have been no changes to the plans and that no new codes have
been adopted since the initial plan check was conducted. A fee equal to 25% of
the initial plan check fee will be assessed for each plan check extension. The
extension shall be requested in writing and justifiable cause demonstrated.
15.08.040 Appendix Chapter 1 Section 105.5 "Expiration" — Amended.
Section 105.5 of the 2007 California Building Code is amended to read as follows:
Section 105.5 Expiration. Every permit issued by the Authority Having
Jurisdiction under the provisions of this code shall expire by limitation and
become null and void if the building or work authorized by such permit is not
commenced within six calendar months from the date of such permit, or if the
building or work authorized by such permit is suspended or abandoned at any
Ordinance No. 2008-2300 3 Building Code Ordinance
time after work has commenced for a period of six calendar months, or if the
building or work authorized by such permit exceeds three calendar years from
the issuance date of the permit. Work shall be presumed to be suspended or
abandoned if the permittee has not obtained a required inspection approval of
work by the Authority Having Jurisdiction within each six month period upon
commencement of work authorized by such permit.
In the event a permit has expired, a permittee may recommence work
only if either a new permit or renewal permit is obtained, as specified below:
1. Permits where work was not commenced. For permits for which
work was not been commenced in the first six calendar months from the date of
issuance, a renewal permit may be issued only if:
(A) No changes have been made or will be made in the
original plans and specifications for such work;
(B) The expiration has not exceeded three years from the
original issuance date;
(C) The same edition of the adopted codes are in effect as
used in the initial plan check; and,
(D) A fee equal to one-half the amount required for a new
permit is paid.
The renewal permit shall expire three calendar years from the date of the
initial permit issuance- When later editions of the codes have been adopted than
used in the initial plan check, such applications for renewal shall be considered
as a new plan check submittal. Accordingly, plans shall reflect the requirements
of the current codes in effect, a full new plan check is required and a full new
plan check fee shall be paid. Upon completion of the new plan check, the permit
may be renewed upon payment of a permit fee equal to one-half the amount
required for a new permit.
2. Permit where work was commenced. For permits where work was
commenced and was subsequently stopped as defined herein, a renewal permit
may be obtained only if:
(A) No changes have been made or will be made in the
original plans and specifications for such work;
(B) The expiration has not exceeded three years from the
original permit issuance date;
(C) A fee equal to one-half the amount required for a new
permit is paid, except that where construction has progressed to the point of
requiring only a final inspection, a fee equal to one -quarter of the amount
required for a new permit shall be paid;
(D) A renewal permit shall expire three calendar years from the
date of the initial permit issuance.
The maximum life of a permit renewal in accordance with this sub -section
shall be one calendar year from the date of renewal. The permit may be renewed
each calendar year thereafter provided that all requirements of (A) (B) and (C) as
stated in this sub -section are met.
3. Extension of an unexpired permit. For an extension of a permit
which has not yet expired, the permittee may apply for an extension of time
within which work under that permit may be continued when for good and
satisfactory reasons the permittee is unable to continue work within the time
required by this chapter. The Authority Having Jurisdiction may extend the time
for action by the permittee for a period not exceeding six calendar months
beyond the expiration date in effect at the time of the extension application, upon
Ordinance No. 2008-2300 4 Building Code Ordinance
written request by the permittee showing that circumstances beyond the control
of the permittee have prevented action being taken.
Permits issued where the permittee has been deployed to a foreign
country, may be held in abeyance until six months after the return of the
permittee from his/her deployment if necessary, upon application for such relief
by the permittee.
4. Permits that have exceeded three years. For permits that have
exceeded three years beyond the issuance date, a permit renewal may be
obtained, provided that:
(A) Construction in reliance upon the building permit has been
commenced and has been approved;
(B) No changes have been made or will be made in the
original plans and specifications for such work; and,
(C) A fee equal to the full amount required for a new permit is
paid, except that where the Authority Having Jurisdiction determines that
construction has progressed to the point that a lesser fee is warranted, such
lesser fee shall be paid.
A permit renewed pursuant to this subsection shall not exceed one
calendar year from the date of renewal. A permit may be renewed annually
provided that all requirements of (A), (B), and (C) above are met.
15.08.045 Appendix Chapter 1, Section 105.7 "Placement of permit" — Amended.
Section 105.7 of the 2007 California Building Code is amended to read as follows:
Section 105.7 Placement of permit. The building permit or a copy, the
inspection record, and the approved plans shall all be kept on site until the
completion of the project. The inspection record is to be kept on the job unless
removed by the building official.
15.08.050 Appendix Chapter 1, Section 105.8 "Permit denial" — Added.
Section 105.8 of the 2007 California Building Code is added as follows:
Section 105.8 Permit denial. The Authority Having Jurisdiction may deny
the issuance of a building permit on any property where there exists an unsafe or
a substandard building as provided in Chapter 15.10 and 15.16 of the National
City Municipal Code, or where there exists unlawful construction, or where there
exists a violation of the National City Municipal Code.
15.08.055 Appendix Chapter 1, Section 108.2 "Schedule of fees" — Amended.
Section 108.2 of the 2007 California Building Code is amended to read as follows:
Section 108.2 Schedule of permit fees. Permit fees, including plan
review fees, shall be as established by the most recently adopted fee schedule.
15.08.060 Appendix Chapter 1, Section 108.4 "Work commenced before permit
issuance" — Amended. Section 108.4 of the 2007 California Building Code is amended to read
as follows:
Section 108.4 Work commencing before permit issuance. Any person
who commences any work on a building, structure, electrical, gas, mechanical or
plumbing system before obtaining the necessary permits shall be subject to an
Ordinance No. 2008-2300 5 Building Code Ordinance
investigation fee equal to the amount of the permit fee that would be required by
this code if a permit were to be issued. The investigation fee is in addition to a
permit fee. The payment of such investigation fee shall not exempt any person
from compliance with all other provisions of this code, or from any penalty
prescribed by law.
15.08.065 Appendix Chapter 1, Section 109.3.8.1 "Re -inspections" — Added.
Section 109.3.8.1 of the 2007 California Building Code is added to read as follows:
Section 109.3.8.1 Re -inspections. A re -inspection fee may be assessed
for each inspection or re -inspection when any of the following occurs:
1. The portion of work for which the inspection was called is not
complete;
2. The corrections previously required and called for are not made;
3. Calling for an inspection before the job is ready for such
inspection or re -inspection;
4. The inspection record card or the approved plans are not posted
or otherwise available to the inspector;
5. Failure to provide access on the date for which the inspection is
requested; or,
6. Deviating from the approved plans when such deviation or change
required approval of the building official.
To obtain a re -inspection, the permittee shall file an application therefore
in writing upon a form provided for that purpose and pay the re -inspection fee as
specified in the Fee Schedule adopted by the City Of National City. In instances
where a re -inspection fee has been assessed, no further inspections shall be
performed until the fees have been paid.
15.08.070 Appendix Chapter 1, Section 110.3 "Temporary occupancy certificate" —
Amended. Section 110.3 of the 2007 Califomia Building Code is amended to read as follows:
Section 110.3. Temporary Occupancy Certificate. Where a project or a
major portion thereof is substantially complete and can be safely occupied, but
practical difficulties delay completion of work, the building official may issue a
Temporary Certificate of Occupancy for the use of a portion or portions of the
building or structure prior to the completion of the entire project.
Prior to issuance of a Temporary Certificate of Occupancy, the premises
shall be inspected by all affected City departments who shall prepare a list of
work required to be completed and shall forward the list along with a
recommendation for approval or disapproval of the issuance of a Temporary
Certificate of Occupancy to the building official.
Upon receipt of a recommendation for approval from all affected City
departments, the Authority Having Jurisdiction may prepare a written document
granting temporary occupancy that shall include the following:
1. Work yet to be completed;
2. Maximum time allotted for completion of said work;
3. Property owner's signature and the signature of the contractor
agreeing to complete the work within the prescribed time or vacate the premises
upon order of the building official until such work is completed; and
4. Evidence that a faithful performance bond has been posted if
required by any affected city department.
Ordinance No. 2008-2300 6 Building Code Ordinance
A copy of a written document granting temporary occupancy shall be
provided to all affected city departments.
15.08.075 Section 112.1 "Board of Appeals" — Amended. Section 112.1 of the 2007
California Building Code is amended to read as follows:
Section 112.1 Board of Appeals. The Advisory and Appeals Board is
established by National City Municipal Code Chapter 15.04. The Advisory and
Appeals Board shall have jurisdiction to review the items as enumerated in
Chapter 15.08 of the National City Municipal Code.
15.08.080 Appendix Chapter 1, Section 113.1 "Violations" — Amended.
Section 113.1 of the 2007 California Building Code is amended to read as follows:
Section 113.1 Unlawful acts. It shall be unlawful for any person, firm or
corporation to erect, construct, enlarge, alter, repair, move, improve, remove,
convert or demolish, equip, use occupy or maintain any building or structure or
cause or permit the same to be done in violation of this code.
Violation of any provision of this code shall be punishable as a
misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the
National City Municipal Code.
15.08.085 Section 501.2 "Address Numbers" — Amended. Section 501.2 of the 2007
California Building Code is amended to read as follows:
Section 501.2 Address numbers. Every principal building or structure
within the incorporated limits of the City Of National City shall be identified by a
designated street number as issued by the National City Fire Department.
Approved numbers or addresses shall be placed on all new and existing
buildings, adjacent to the principal entrance to the premises or at a point that is
highly visible and legible from the street. If necessary, directional signs shall be
posted showing proper access to the given address from a point where the Fire
Department access roadway leaves the dedicated street, to the entrance of each
addressed building. All such numbers shall be Arabic numerals or alphabetical
letters and shall be a minimum of 4 inches (102mm) high with a minimum stroke
width of 0.5 inches (12.7mm), and shall be placed on a contrasting background.
15.08.090 Table 1505.1 Minimum Roof Covering classification — Amended. Table
1505.1 of the 2007 California Building Code is amended to read as follows:
Due to climatic and geographical conditions within the City of National
City, Table 1505.1 is amended as follows:
Table 1505.1
Minimum Roof Covering Classification
For Types of Construction
I 1 II
A' B A
BI B
II II
B I
A
B 1 —B
B
V
B
Ordinance No. 2008-2300 7
Building Code Ordinance
15.08.095 Section 3407.1.1 "Historic buildings" — Amended. Section 3407.1.1 of the
2007 California Building Code is added to read as follows:
Section 3407A.1.1 Historic Buildings. The repair, alteration,
enlargement, maintenance and moving of historic buildings designated in
National City Municipal Code Section 18.139.020 shall comply with the
provisions of the State Historical Building Code (Part 8, Title 24, California Code
of Regulations) and shall be subject to the review of permit requirements of
National City Municipal Code Section 18.139.030.
15.08.100 Appendix Chapters C, G, H and I — Adopted. Appendix Chapters C, G, H
and I of the 2007 California Building Code are adopted.
PASSED and ADOPTED this 19th day of February 2008
R.n Morrison, Mayor
ATTEST:
Mi ael R. Dalla, City Clerk
APPROVED AS TO FORM:
gut:zur..
George H. Eiser, III
City Attorney
Ordinance No. 2008-2300 8 Building Code Ordinance
Passed and adopted by the Council of the City of National City, Califomia, on February
19, 2008, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: Councilmember Zarate.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
// ca��L 2'.f/l6/
City rk of the City of ational City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on February 5, 2008, and on February 19, 2008.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2008-2300 of the City Council of the City of National City, passed
and adopted by the Council of said City on February 19, 2008.
By:
City Clerk of the City of National City, California
Deputy