HomeMy WebLinkAboutCC ORD 2010-2349 Adopt 2010 California Building CodeORDINANCE NO. 2010 — 2349
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY ADOPTING
THE 2010 CALIFORNIA BUILDING CODE, CALIFORNIA
CODE OF REGULATIONS, TITLE 24, VOLUMES I AND II,
AND APPENDICES C, G, H AND I OF SAID CODE, AMENDING
CERTAIN SECTIONS, PROVIDING PENALTIES FOR
VIOLATION THEREOF, AND AMENDING CHAPTER 15.08
OF THE NATIONAL CITY MUNICIPAL CODE
PERTAINING TO THE CALIFORNIA BUILDING 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 the 2010
California Building Code, California Code of Regulations, Title 24, Volumes I and II and
Appendices C, G, H and I of said Code.
Section 2. The City Council of the City of National City hereby amends, adds, and
deletes certain sections of the 2010 California Building Code and Chapter 1 of said Code, based
on local climatic, topographic or geological conditions that justify deviating from 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
15.08.056
CHAPTER 15.08
CALIFORNIA BUILDING CODE
California Building Code—Adopte
Chapter 1, Administration—Delet
Chapter 2, Definitions —Added.
Chapter 1, DIVISION II, Section
Chapter 1, DIVISION II, Section
Amended.
Chapter 1, DIVISION II, Section
Amended.
Chapter 1, DIVISION II, Section
Chapter 1, DIVISION II, Section
Chapter 1, DIVISION II, Section
Chapter 1, DIVISION II, Section
Amended.
Plan Review Fees —Added.
d.
ed.
1 04.6 Right of entry —Amended.
1 05.2 Work exempt from permit-
1 05.3.2 Time limitation of application-
1 05.5 Expiration —Amended.
1 05.7 Placement of permit —Amended.
105.8 Permit denial —Added.
109.2 Schedule of permit fees—
15.08.060
15.08.062
15.08.065
15.08.070
15.08.075
15.08.080
15.08.085
15.08.090
15.08.092
15.08.093
15.08.095
15.08.100
Chapter 1, DIVISION II, Section 109.4 Work commencing before permit
issuance —Amended.
Applications and extensions —Added.
Chapter 1, DIVISION II, Section 110.3.8.1 Reinspections—Added.
Chapter 1, DIVISION II, Section 111.3 Temporary occupancy —Amended.
Chapter 1, DIVISION II, Section 113.1 Board of Appeals —Amended.
Chapter 1, DIVISION II, Section 114 Violations —Amended.
Section 501.2 Address numbers —Amended.
Table 1505.1 Minimum roof covering classification —Amended.
Chapter 18, Division II, Section 1803 Geotechnical Investigations,
Subsection 1803.1.1—Added.
Chapter 31, Division II, Section 3109 Swimming Pool Enclosures and
Safety Devices, Subsection 3109.4.48 (4) - Construction requirements for
building a pool or spa —Amended.
Section 3409.1.1 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 2010 California Building Code as
published in the California Building Code Volumes I and II, 2010 edition, California Code of
Regulations, Title 24, Part 2, Volumes 1 and 2, and Appendices C, G, H, and I, 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 Building Official; 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.
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 Building Official of the City of National City-
15.08.025 Chapter 1, DIVISION II, Section 104.6 Right of entry —Amended. Section
104.6 of the 2010 California Building Code is amended to read s 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.
Ordinance No. 2010 — 2349
2 Building Code
15.08.030 Chapter 1, DIVISION II, Section 105.2 Work exempt from permit —
Amended. Section 105.2 Building: Item 4 of the 2010 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.
Section 105.2 Building of the 2010 California Building Code is
amended by adding the following items:
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 Chapter 1, DIVISION II, Section 105.3.2 Time limitation of application —
Amended. Section 105.3.2 of the 2010 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 firing, 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.
Ordinance No. 2010 — 2349
3 Building Code
15.08.040 Chapter 1, DIVISION II, Section 105.5 Expiration —Amended. Section
105.5 of the 2010 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 stopped at any time after the work
is commenced for a period of 6 calendar months, or if the building or work
authorized by such permit exceeds three (3) calendar years from the issuance
date of the permit. Work shall be presumed to have commenced if the permittee
has obtained a required inspection approval of work authorized by the permit by
the Authority Having Jurisdiction within six calendar months of the date of permit
issuance.
Work shall be presumed to be stopped if the permittee has not obtained a
required inspection approval of work by the Authority Having Jurisdiction within
each 6 month period upon the initial commencement of work authorized by such
permit.
Before such work can be recommenced, a new permit, or a renewal
permit as specified below, shall be first obtained.
1. Permits where work has not commenced. For permits for which
work has not commenced in the first six calendar months from the date of
issuance, a renewal permit may be obtained provided that:
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 California codes is in effect as
used in the initial plan check;
D. A fee equal to one-half the amount required for a new
permit is paid;
E. The renewal permit shall expire three calendar years from
the date of initial permit issuance.
Where later editions of the California 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 a 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. Permits where work has commenced. For permits where work has
commenced and was subsequently stopped as defined herein, a renewal permit
may be obtained provided that:
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. A fee equal to one-half the amount required for a new
permit is paid, except that where construction has progressed and
has been approved to the point of requiring only a final inspection, a fee equal to
one quarter the amount required for a new permit shall be paid;
Ordinance No. 2010 — 2349 4 Building Code
D. A renewal permit shall expire three (3) calendar years from
the date of initial permit issuance.
3. Permits that have exceeded three years. For permits that have
exceeded three years beyond the issuance date, a renewed permit may be
obtained provided that:
A. Construction in reliance upon the building permit has
commenced and has been approved;
B. No changes have been made or will be made in the
original plans and specifications for such work;
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.
The maximum life of a permit renewal in accordance with this
subsection shall be one calendar year from the date of renewal. The permit may
be renewed for each calendar year thereafter provided that all requirements of
(A), (B), and (C) as stated in this subsection are met.
4. Extension of an unexpired permit. For an extension of an
unexpired permit, the permittee may apply for an extension of the 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
section. The Authority Having Jurisdiction may extend the time for action by the
permittee for a period not exceeding 6 calendar months upon written request by
the permittee showing that circumstances beyond the control of the permittee
have prevented action from being taken.
5. 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.
15.08.045 Chapter 1, DIVISION II, Section 105.7 Placement of permit —Amended.
Section 105.7 of the 2010 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 Chapter 1, DIVISION II, Section 105.8 Permit denial —Added. Section
105.8 of the 2010 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 Chapter 1, DIVISION II, Section 109.2 Schedule of permit fees —
Amended. Section 109.2 of the 2010 California Building Code is amended to read as follows:
Ordinance No. 2010 — 2349
5 Building Code
follows:
Section 109.2 Schedule of permit fees. Fees shall be assessed in
accordance with the most recent fee schedule adopted by the National City
City Council .
15.08.056 Plan Review Fees —Added. Section 15.08.056 is added to read as
15.08.056 Plan Review Fees. When plans are incomplete or changed
so as to require additional plan review, an additional plan review fee shall be
charged at the rate shown in the current City of National City fee schedule.
15.08.060 Chapter 1, DIVISION II, Section 109.4 Work commencing before permit
issuance —Amended. Section 109.4 of the 2010 California Building Code is amended to read as
follows:
Section 109.4 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
administrative penalty equal to the inspection fee portion the permit fee that
would be required by this code if a permit were to be issued. The administrative
penalty is in addition to a permit fee.
When a plan review is required for issuance of such permit, the plan review fee
portion will not be subject to said penalty. The payment of such administrative
penalty shall not exempt any person from compliance with all other provisions of
this code or from any penalty prescribed by law.
15.08.062 Applications and extensions —Added. Application and Extensions 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 Authority Having Jurisdiction 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 the
second and subsequent plan check extensions. The extension shall be requested in writing and
justifiable cause demonstrated.
15.08.065 Chapter 1, DIVISION II, Section 110.3.8.1 Reinspections—Added. Section
110.3.8.1 of the 2010 California Building Code is added to read as follows:
Section 110.3.8.1 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; the corrections previously required and called for are not made;
2. Calling for an inspection before the job is ready for such
inspection or re -inspection;
3. The inspection record card or the approved plans are not posted
or otherwise available to the inspector;
4. Failure to provide access on the date for which the inspection is
requested; or,
5. Deviating from the approved plans when such deviation or change
required approval of the building official.
Ordinance No. 2010 — 2349
6 Building Code
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 Chapter 1, DIVISION II, Section 111.3 Temporary occupancy certificate —
Amended. Section 111.3 of the 2010 California Building Code is amended to read as follows:
Section 111.3 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;
4. Evidence that a faithful performance bond has been
posted if required by any affected city department; and
5. A copy of a written document granting temporary
occupancy shall be provided to all affected city departments.
15.08.075 Chapter 1, DIVISION II, Section 113.1 Board of Appeals —Amended.
Section 113.1 of the 2010 California Building Code is amended to read as follows:
Section 113.1 Board of Appeals. The City Council, pursuant to National
City Municipal Code Chapter 15.04, shall have jurisdiction to review the items as
enumerated in Chapter 15.08 of the National City Municipal Code.
15.08.080 Chapter 1, DIVISION II, Section 114.1 Violations —Amended. Section
114.1 of the 2010 California Building Code is amended to read as follows:
Section 114.1 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.
Ordinance No. 2010 — 2349
7 Building Code
15.08.085 Section 501.2 Address numbers —Amended. Section 501.2 of the 2010
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 the2010 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
IA
IB
IIA
IIB
IIIA
IIIB
IV
VA
VB
B
B
B
B
B
B
B
B
B
15.08.092 Chapter 18, Division II, Section 1803 Geotechnical Investigations,.
Subsection 1803.1.1—Added. Chapter 18, Division II, Section 1803 Geotechnical Investigations,
Subsection 1803.1.1.1.1 of the 2010 California Building Code is added to read as follows:
Subsection 1803.1.1.1.1. A geotechnical investigation shall be submitted
with each application for a building permit for a new building or addition 500
square feet and larger. The investigation and report shall comply with the
requirements of Section 1803.
15.08.093 Chapter 31, Division II, Section 3109 Swimming Pool Enclosures and
Safety Devices, Subsection 3109.4.48 (4) - Construction requirements for building a pool or
spa —Amended. Section 3109.4.4.8 (4) of the 2010 California Building Code is added to read as
follows:
Section 3109.4.4.8 (4) Construction requirements for building a pool or
spa. (4) Whenever any building permit is issued and there is an existing
swimming pool, toddler pool or spa, the permit shall require that the suction outlet
of the existing swimming pool, toddler pool or spa be updated so as to be
equipped with an anti -entrapment cover meeting current standards of the
American Society for Testing and Materials (ASTM) or the American Society of
Mechanical Engineers (ASME).
Ordinance No. 2010 — 2349
8 Building Code
15.08.095 Section 3409.1.1 Historic buildings —Amended. Section 3409.1.1 of the
2010 California Building Code is added to read as follows:
Section 3409.1.1 Historic Buildings. The repair, alteration, enlargement,
maintenance and moving of historic buildings which are designated as historic
pursuant to National City Municipal Code Chapter 18.139 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 Chapter 18.139.
15.08.100 Appendix Chapters C. G. H and I —Adopted. Appendix Chapters C, G, H
and I of the 2010 California Building Code are adopted.
PASSED and ADOPTED this 23rd day of November, 2010.
ATTEST:
Micael R. Dalla, City Clerk
PPROVED .S TO FORM:
audia G. Sil
City Attorney
Ron Morrison, Mayor
Ordinance No. 2010 — 2349
9 Building Code
Passed and adopted by the Council of the City of National City, California, on
November 23, 2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
4
City Clerk of the City of National 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 November 9, 2010 and on November 23, 2010.
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. 2010-2349 of the City Council of the City of National City, passed
and adopted by the Council of said City on November 23, 2010.
By:
City Clerk of the City of National City, California
Deputy