HomeMy WebLinkAboutCC ORD 2019-2475 Adopting 2019 CA Residential CodeORDINANCE NO. 2019 — 2475
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ADOPTING THE 2019 CALIFORNIA RESIDENTIAL CODE, AMENDING
CERTAIN SECTIONS OF THAT CODE, AND AMENDING CHAPTER 15.79
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 the 2019
California Residential Code, California Code of Regulations, Title 24, Part 2.5, except as amended
in Chapter 15.79 of the National City Municipal Code.
Section 2. The City Council of the City of National City hereby amends, adds, and
deletes certain sections of the 2019 California Residential Code consistent with their findings in
2013, under Ordinance No. 2013-2393.
Section 3. The City Council of the City of National City amends Chapter 15.79 of the
National City Municipal Code to read as follows:
Sections:
15.79.010
15.79.025
CHAPTER 15.79
CALIFORNIA RESIDENTIAL CODE
2019 California Residential Code adopted.
Chapter 1, Division II, Section R104 "Duties and Powers of the Building
Official", Subsection R104.6 "Right of entry" — Amended.
15.79.030 Chapter 1, Division II, Section R105 "Permits", Subsection R105.2 "Work
exempt from permit — Building" — Amended.
15.79.040 Chapter 1, Division II, Section R105 "Permits", Subsection R105.5
"Expiration" — Amended.
15.79.045 Chapter 1, Division II, Section R105 "Permits", Subsection R105.7
"Placement of permit" — Amended.
15.79.050 Chapter 1, Division II, Section R105 "Permits", Subsection R105.8.1
"Permit denial" — Added.
15.79.055 Chapter 1, Division II, Section R108 "Fees", Subsection R108.2 "Schedule
of permit fees" — Amended.
15.79.060 Chapter 1, Division II, Section R108 "Fees", Subsection R108.6 "Work
commencing before permit issuance" — Amended.
15.79.065 Chapter 1, Division II, Section R109 "Inspections", Subsection 109.3.1
"Reinspections" — Added.
15.79.070 Chapter 1, Division II, Section R110 "Certificate of Occupancy", Subsection
R110.4 "Temporary occupancy" — Amended.
15.79.075 Chapter 1, Division II, Section R112 "Board of Appeals", Subsection
R112.1 "General" — Amended.
15.79.076 Chapter 1, Division II, Section 112 "Board of Appeals," Subsection 112.4
"Administration" - Added
15.79.080 Chapter 1, Division II, Section R113 "Violations", Subsection R113.1
"Unlawful acts" — Amended.
15.79.082 Section 202 Definitions "Building Existing" — Amended.
15.79.085 Chapter 1, Division II, Section R319 "Site Addresses", Subsection R319.1
"Address identification" — Amended.
15.72.090 Chapter 1, Division II, Section R902 "Fire Classification", Subsection
R902.1.3 "Roofing coverings in all other areas" — Amended.
15.79.095 Plan review fees.
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 2019 California Residential Code, published by the California Building Standards
Commission based on the International Residential Code 2018 Edition, including specified
Appendices, including Administration Divisions I and II, California Code of Regulations Title 24,
and Part 2.5 of the California Health and Safety Code beginning with Section 18901, and save
and except such portions as are deleted, added, or modified based on the climatic, topographic,
or geologic conditions. The City Council does specifically and expressly find and declare that the
nature and uniqueness of the dry Southern California climate, and the geological and
topographical conditions in the City of National City, including the age and concentration of
structures, and differences in elevation throughout the City, do necessitate and demand specific
changes in and variations from the 2019 California Residential Code. Copies of the codes are
filed in the office of the building official, and are adopted and incorporated as fully set out in this
chapter, and the provisions thereof shall be controlling within the city limits.
15.79.025 Chapter 1, DIVISION II, Section R-104 "Duties and powers of the "Building
Official", Subsection R104.6 "Right of entry" — Amended. Subsection R104.6 of the 2019
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, or designee, may
request entry as specified in Chapter 1.12 of the National City Municipal Code.
Ordinance No. 2019 - 2475 2 Amending NCMC Chapter 15.79
Adopted: December 3, 2019 2019 Residential Code
15.79.030 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.2 "Work
exempt from permit - Building" — Amended. Chapter 1, DIVISION II, Subsection R105.2 of the
2019 California Residential Code is amended by adding the following Subsections 11 through 14:
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.
C. Cabinet work.
D. Outside paving on private property not within the public
rig ht-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.
15.79.040 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.5
"Expiration" — Amended. Subsection R105.5 of the 2019 California Residential Code is
amended to read as follows:
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 twelve 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 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 have commenced if the permittee has obtained a required
inspection approval of work authorized by the permit by the Authority Having
Jurisdiction within twelve 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 six-month period upon the initial commencement of work authorized by such
permit.
Ordinance No. 2019 - 2475 3 Amending NCMC Chapter 15.79
Adopted: December 3, 2019 2019 Residential Code
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 twelve 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; and
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 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.
Ordinance No. 2019 - 2475 4 Amending NCMC Chapter 15.79
Adopted: December 3, 2019 2019 Residential Code
The maximum life of a permit renewal in accordance with
subsection 15.70.040.3 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 subsection 15.70.040.3 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, as
determined by the Authority Having Jurisdiction, in his or her sole discretion, the
permittee is unable to continue work within the time required by section 15.79.040.
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 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.
15.79.045 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.7
"Placement of permit" — Amended. Subsection R105.7 of the 2019 California Residential Code
is amended to read as follows:
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 "Permits", Subsection R105.8.1
"Permit denial" — Added. Subsection R105.8.1 is added to the 2019 California Residential Code
to read as follows:
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 "Fees", Subsection R108.2 —
"Schedule of permit fees" — Amended. Subsection R108.2 of the 2019 California Residential
Code is amended to read as follows:
R108.2 Schedule of permit fees. Permit fees, including plan review fees,
shall be assessed in accordance with the current City of National City Fee
Schedule.
Ordinance No. 2019 - 2475 5 Amending NCMC Chapter 15.79
Adopted: December 3, 2019 2019 Residential Code
15.79.060 Chapter 1, DIVISION II, Section R108 "Fees", Subsection R108.6 "Work
commencing before permit issuance" — Amended. Subsection R108.6 of the 2019 California
Residential Code is amended to read as follows:
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 R109 "Inspections", Subsection 109.3.1
"Re -inspections" — Added. Subsection R109.3.1 is added to the 2019 California Residential
Code to read as follows:
R109.3.1 Reinspections. A reinspection 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 or 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 file an application in writing
on a form provided for that purpose and pay the re -inspection fee in accordance
with the current City of National City Fee Schedule. 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 "Certificate of Occupancy",
Subsection R110.4 "Temporary occupancy" — Amended. Subsection R110.4 of the 2019
California Residential Code is amended to read as follows:
R110.4. Temporary Certificate of Occupancy. 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.
Ordinance No. 2019 - 2475 6 Amending NCMC Chapter 15.79
Adopted: December 3, 2019 2019 Residential Code
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 building official may prepare a Temporary Certificate of
Occupancy 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 the Temporary Certificate of Occupancy granting
temporary occupancy shall be provided to all affected city departments.
15.79.075 Chapter 1, DIVISION II, Section R112 "Board of Appeals", Subsection
R112.1 "General" — Amended. Subsection R112.1 of the 2019 California Residential Code is
amended to read as follows:
R112.1 Board of Appeals. In order to hear and decide appeals of orders,
decisions, or determinations of the Building Official relative to the application and
interpretation of this code, the City Council shall appoint an ad hoc Board of
Appeals comprised of three (3) members who are qualified by experience and
training to pass judgment on matters pertaining to construction, and who are not
employees of the City. Board members shall serve at the pleasure of the City
Council. The Board shall comply with Rosenberg's Rules of Order in conducting
their business, and shall render written decisions and findings to the appellant, with
a copy to the Building Official. Decisions of the Board may be appealed to the City
Council by the appellant or by the Building Official within thirty (30) days of the
decision of the Board by the filing of a written notice of appeal with the Director of
Community Development stating the reasons for the appeal. The person filing the
appeal and the opposing party shall be given at least ten (10) days' written notice
of the time and place of the hearing on the appeal.
15.79.076 Chapter 1, Division II, Section 112 "Board of Appeals," Subsection
R112.4 "Administration" — Added. Subsection R112.4 of the 2019 California Residential Code is
added to read as follows:
R112.4 Administration. The Building Official shall take immediate action in
accordance with the decision of the board, unless such decision is appealed to the
City Council.
Ordinance No. 2019 - 2475 7 Amending NCMC Chapter 15.79
Adopted: December 3, 2019 2019 Residential Code
15.79.080 Chapter 1, DIVISION II, Section R113 "Violations", Subsection R113.1
"Unlawful acts" — Amended. Subsection R113.1 of the 2019 California Residential Code is
amended to read as follows:
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.
15.79.082 Section R202 "Definitions," "Building Existing" — Amended. Section R202
Definitions "Building, Existing" of the 2016 California Residential Code is amended to read:
R202 Building, Existing. An "existing building" is a building erected prior to
the adoption of the 2019 California Residential Code, or one for which a legal
building permit has been issued. If more than fifty -percent of a structural roof or
more than fifty -percent of all exterior walls are removed as part of a project, the
building is not an existing building.
15.79.085 Chapter 1, DIVISION II, Section R319 "Site Addresses", Subsection
R319.1 "Address Identification " — Amended. Subsection R319.1 of the 2019 California
Residential Code is amended to read as follows:
R319.1 Address Identification. 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 "Fire Classification", Subsection
R902.1.3 "Roof Coverings in all other areas" — Amended. Subsection R902.1.3 of the 2019
California Residential Code is amended to read as follows:
R902.1.3 Roof Coverings in all other areas. The entire roof covering of
every existing structure where more than fifty percent (50%) 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
Ordinance No. 2019 - 2475 8 Amending NCMC Chapter 15.79
Adopted: December 3, 2019 2019 Residential Code
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 in accordance with the
current City of National City Fee Schedule.
PASSED and ADOPTED this 3rd day of December, 2019.
Alejandrolis, Mayor
ATTEST:
j Michael R. Ila, City Clerk
APPROVED AS TO FORM:
Ordinance No. 2019 - 2475 9 Amending NCMC Chapter 15.79
Adopted: December 3, 2019 2019 Residential Code
Passed and adopted by the Council of the City of National City, California, on
December 3, 2019 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
City Clerk of the City of National City, California
By:
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 19, 2019 and on December 3, 2019.
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. 2019-2475 of the City Council of the City of National City, passed
and adopted by the Council of said City on December 3, 2019.
By:
City Clerk of the City of National City, California
Deputy