HomeMy WebLinkAboutCC ORD 2010-2357 Adopt 2010 California Residential CodeORDINANCE NO. 2010 — 2357
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY ADOPTING
THE 2010 CALIFORNIA RESIDENTIAL CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 2.5,
AND AMENDING THE NATIONAL CITY MUNICIPAL CODE
BY ADDING CHAPTER 15.79 PERTAINING
TO THE CALIFORNIA RESIDENTIAL 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 Residential Code, California Code of Regulations, Title 24, Part 2.5.
Section 2. The City Council of the City of National City hereby amends, adds, and
deletes certain sections of the 2010 California Residential Code and Chapter 1 of said Code,
thereby adding Chapter 15.79 of the National City Municipal Code to read as follows:
CHAPTER 15.79
CALIFORNIA RESIDENTIAL CODE
Sections:
15.79.010 California Building Code —Adopted and Amended.
15.79.025 Chapter 1, DIVISION II, Section R104.6 —"Right of entry" —Amended.
15.79.030 Chapter 1, DIVISION II, Section R105.2 — "Work exempt from permit" —
Amended.
15.79.035 Chapter 1, DIVISION II, Section R105.3.2 — "Time limitation of
application" —Amended.
15.79.040 Chapter 1, DIVISION II, Section R105.5 — "Expiration" —Amended.
15.79.045 Chapter 1, DIVISION II, Section R105.7 —"Placement of permit" —
Amended.
15.79.050 Chapter 1, DIVISION II, Section R105.8.1 — "Permit denial" —Added.
15.79.055 Chapter 1, DIVISION II, Section R108.2 - ""Fees" —Amended.
15.79.060 Chapter 1, DIVISION II, Section R108.6 - "Work commencing before
permit issuance" —Amended.
15.79.065 Chapter 1, DIVISION II, Section R109.3.8.1 - "Reinspections"—Added.
15.79.070 Chapter 1, DIVISION II, Section R110.4 - "Temporary occupancy" —
Amended.
15.79.075 Chapter 1, DIVISION II, Section R112.1 - "Board of Appeals" —Amended.
15.79.080 Chapter 1, DIVISION II, Section R113.1 - "Violations" —Amended.
15.79.085 Chapter 1, Division II, Section R319.1 - "Address numbers" —Amended.
15.79.090
15.79.095
15.79.100
Chapter 1, Division II, Section R902.1 "Roofing covering material" —
Amended.
Plan Review Fees.
Applications and extensions.
15.79.010 California Residential 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 one- and two-family dwellings and townhouses not more than three stories
above grade, the 2010 California Residential Code, California Code of Regulations Title 24, Part
2.5 of the California State Health and Safety Code Sections 18901, et. seq., published by the
California Building Standards Commission based on the International Residential Code 2009
Edition, including specified Appendices, save and except such portions as are deleted, added,
or modified based on the climatic, topographic, or geologic conditions, 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.
15.79.025 Chapter 1, DIVISION II, Section R104.6 "Right of entry" —Amended.
Section 104.6 of the 2010 California Residential Code is amended to read as follows:
R104.6 Right of Entry. When necessary to make an inspection to enforce
any of the provision of this code, or when the Authority Having Jurisdiction has
reasonable cause to believe that there exists in any building or upon any
premises a condition or code violation which make such building or premises
unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their
authorized representatives may request entry as specified in Chapter 1.12 of the
National City Municipal Code.
15.79.030 Chapter 1, DIVISION II, Section R105.2 "Building" —Amended. Chapter 1,
DIVISION II, Section R105.2 of the 2010 California Residential Code is amended by adding the
following:
11. Playground, gymnastic and similar equipment and
structures used for recreation and athletic activities accessory to Group R
Division 3 structures.
12. 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:
A) Painting and decorating including refinishing of
exterior stucco finishes.
B) Installation of floor covering.
Ordinance No. 2010 — 2357 2 Residential Code — Chapter 15.79
C) Cabinet work.
D) Outside paving on private property not within the
public right-of-way.
E) Replacement of existing windows with no structural
modification of the existing window opening.
13. Ground mounted satellite antennas not exceeding ten feet
in diameter and roof mounted satellite antennas not exceeding eight feet
in diameter.
14. Painted wall signs and styrofoam or other foam mounted
wall signs.
15.79.035 Chapter 1. DIVISION II Section R105.3.2 "Time Limitation of
Application" —Amended. Section R105.3.2 of the 2010 California Residential Code is amended
to read as follows:
Section R105.3.2 Time limitation of plan check application. An application
for a permit shall be deemed to have been abandoned six months after the date
of filing, unless such application has been pursued in good faith or the permit has
been issued; except that the Authority having Jurisdiction is authorized to grant a
maximum of three extensions for additional time of three months each, provided
there have been no changes to the plans and 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.
15.79.040 Chapter 1.DIVISION II, Section R105.5 "Expiration" —Amended.
Section 105.5 of the 2010 California Residential Code is amended to read as follows:
Section R105.5 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;
Ordinance No. 2010 — 2357
3 Residential Code — Chapter 15.79
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;
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.
Ordinance No. 2010 — 2357 4 Residential Code — Chapter 15.79
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.
15.79.045 Chapter 1, DIVISION II, Section R105.7 "Placement of permit" —
Amended. Section R105.7 of the 2010 California Residential Code is amended to read as
follows:
Section R105.7 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.
15.79.050 Chapter 1. DIVISION II, Section R105.8.1 "Permit denial" —Added.
Section R105.8 of the 2010 California Residential Code is added as follows:
Section R105.8.1 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 the Chapters 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.
15.79.055 Chapter 1. DIVISION II, Section R108.2 — "Fees" —Amended. Section
R108.2 of the 2010 California Residential Code is amended to read as follows:
Section R108.2 Schedule of permit fees. Fees shall be assessed in
accordance with the most recent fee schedule adopted by the National City City
Council .
15.79.060 Chanter 1. DIVISION II, Section R108.6 "Work commencing before
permit issuance" —Amended. Section R108.6 of the 2010 California Residential Code is
amended to read as follows:
Section R108.6 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.
15.79.065 Chapter 1. DIVISION II, Section 109.3.8.1 "Reinspections"—Added.
Chapter 1, DIVISION II, Section 109.3 of the 2010 California Residential Code is amended by
adding Section 109.3.8.1 to read as follows:
Section 109.3.8.1 Reinspections. A reinspection fee may be assessed
for each inspection or re -inspection when any of the following occurs:
Ordinance No. 2010 — 2357
5 Residential Code — Chapter 15.79
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.
To obtain a re -inspection, the permittee shall pay the re -inspection
fee as specified in the most current Fee Schedule adopted by the National City
City Council . In instances where a re -inspection fee has been assessed, no
further inspections shall be performed until the fees have been paid.
15.79.070 Chapter 1, DIVISION II, Section R110.4 "Temporary occupancy
certificate" —Amended. Section R110.4 of the 2010 California Residential Code is amended to
read as follows:
Section R110.4. 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.
5. A copy of a written document granting temporary occupancy shall
be provided to all affected city departments.
15.79.075 Chapter 1. DIVISION II, Section R112.1 "Board of Appeals" —Amended.
Section R112.1 of the 2010 California Residential Code is amended to read as follows:
Section R112.1 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 15.79 of the National City Municipal Code.
15.79.080 Chapter 1. DIVISION II, Section R113.1 "Violations" —Amended.
Section R113.1 of the 2010 California Residential Code is amended to read as follows:
Ordinance No. 2010 — 2357
6 Residential Code — Chapter 15.79
Section R113.1 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.
15.79.085 Chapter 1. DIVISION II, Section R319.1 "Address numbers" —Amended.
Section R319.1 of the 2010 California Residential Code is amended to read as follows:
Section R319.1 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.
15.72.090 Chapter 1. DIVISION II, Section R902.1.3 "Roofing Covering Material" —
Amended. Section R902.1.3 of the 2010 California Residential Code is amended to read:
Section R 902.1.3 Roof Coverings in all other areas. The entire roof
covering of every existing structure where more that 50 percent of the total roof
area is replaced within any one-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 the roof of every existing structure , shall be a fire -
retardant roof covering that is at least Class B.
15.79.095 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.
15.79.100 Applications 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.
--- Signature Page to Follow ---
Ordinance No. 2010 — 2357
7 Residential Code — Chapter 15.79
ATTEST:
PASSED and ADOPTED this 23rd day of November, 2010.
.k,
Michael R. DaIIa, City Clerk
A ^!'ROVED • , O FORM:
CI. dia G. SiI .,
City Attor
on Morrison, Mayor
Ordinance No. 2010 — 2357
8 Residential Code — Chapter 15.79
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
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. 2010-2357 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