HomeMy WebLinkAboutCC ORD 2023-2514 2022 California Residential Code AdoptionORDINANCE NO. 2023 - 2514
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2022
CALIFORNIA RESIDENTIAL CODE, AMENDING CERTAIN SECTIONS OF THAT CODE, AND
AMENDING CHAPTER 1.9 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 2022 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 2022 California Residential Code consistent with their findings in 2013, under Ordinance
No. 013-.393.
Section 3. The City Council of the City of National City amends Chapter 15.79 of the National
City Municipal Code to read as -Id -lows:
Sections:
15.79.010
15.79.025
15.79.030
15.79.040
15.79.045
15.79.050
15.79.055
15.79.060
15.79.065
15.79.070
CHAPTER 15.79
CALIFORNIA RESIDENTIAL CODE
2022 California Residential Code adopted.
Chapter 1, Division 11, Section R104 "Duties and Powers of the Building Official",
Subsection R104.6 "Right of entry" - Amended.
Chapter 1, Division II, Section R105 "Permits", Subsection R105. "Work exempt
from permit - Building' - Amended.
Chapter 1, Division II, Section R105 "Permits", Subsection R105.5 "Expiration" -
Amended.
Chapter 1, Division II, Section R105 "Permits", Subsection R105.7 "Placement of
permit" - Amended.
Chapter 1, Division II, Section R105 "Permits", Subsection R105.8.1 "Permit
denial" — Added.
Chapter 1, Division 11, Section R108 "Fees", Subsection R108. "Schedule of
permit fees" - Amended.
Chapter 1: Division 11, Section R108 "Fees", Subsection R108.0 "Work
commencing before permit issuance" - Annendec15.79.005
Chapter 1, Division II, Section R109 "Inspections", Subsection 109,3.1 "Re -
inspections" Added.
Chapter 1, Division 11, Section R110 "Certificate of Occupancy", Subsection
R110.4 "Temporary occupancy .. Amended.
15.79.075
15.79.076
15.7 .0 0
15.79 082
15.79.085
1 .7 .o o
1 s f .
09-5
Chapter 1, Division 11, Section R112 "Board of Appeals", Subsection R11 .1
"General" - Amended.
Chapter 1, Division 1I, Section 11 "Board of Appeals," Subsection 11.4
"Administration" — Added
Chapter 1, Division II, Section R113 "Violations ", Subsection R113.1 "Unlawful
acts" - Amended.
Section 202 Definitions "Building Existing" - Amended.
Chapter 1, Division II, Section R319 "Site Addresses ", Subsection R319.1
"Address identification" - Amended.
Chapter 1, Division II, Section R902 "Fire Classification", Subsection R902.1.3
"Roofing coverings in all other areas" - Amended.
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 2022 California
Residential Code, published by the California Building Standards Commission based on the international
Residential Code 2021 Edition, including specified Appendices, including Administration Divisions I and
11, 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, orgeologic 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 2022 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 "Buildingg official",
Subsection R104. "fight of er,rtr 1" - Amended. Subsection R104.6 of the 2022 California Residential
Code is amended to read as iollows:
R10.6 Rfight 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
1 _.7 . 0 Chapter 1. DIVISION II, Section R105 "Permits", Subsection R105.2 "Fork exempt from
permit - Building" - Amended. Chapter 1, DIVISION II, Subsection R105.2 of the 2022 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 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.
1 .7 .04o Chapter 1, DIVISION II, Section R105 "Permits", Subsection R1 o , "Expiration"
- A►mended. Subsection R10.5 of the 2022 California Residential Code is amended to read as follows:
FR105.5 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 HavingJurisdiction within each six-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 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.
F. 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.
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 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 permitfe
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 perrnittee from his/her
deployment if necessary, upon application for such relief by the permittee.
15.7 .045 Chapter 1, DIVISION II. Section R105 "Permits". Subsection R105.7 "Placement
of permit" - Amended. Subsection R105.7 of the 2022 California Residential Code is amended to read
as follows:
R105.7 Placement of permit. t. 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 Cha ter 1. DIVISION II Section R105 "Permits" Subsection R10 . .1 "Perrnit
denial" - Added. Subsection 1 105.8.1 is added to the 2022 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.
15.7.9.055 Chapter 1. DIVISION ION iI. Section R108 "Fees". Subsection R108.2 - "Schedule of
permit fees" - Amended. Subsection 1108.2 of the 2022 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.
15.7 , 060 Chapter 1. DIVISION I I . Section R108 "Fees". Subsection 110 . "Work
commencing before permit issuance" - Amended. subsection f10.6 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 pan 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.
15.79.65 Chapter 1. DIVISION II, Section R109 "Inspections", subsection 10 . .1 "Re -
inspections" - Added. subsection R109.3.1 is added to the 2022 California Residential Code to read as
follows:
R109.3.1 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 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.
6. 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 1 110 "Certificate of Occupancy", Subsection
R110.4 'Temporary occupancy" - Amended. subsection R110.4 of the 2019 California Residential Code
is amended to read as follows:
1110.4. 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.
Prior to issuance of a Temporary cer-ificate of Occupancy, the premises shall be inspected by
all affected city departments who shall prepare a Iist of work required to be completed and shall forward
the Iist 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:
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
A copy of the Temporary Certificate of Occupancy granting temporary occupancy
shall be provided to all effected city departments.
15.79.75 Cha ter 1. DIVISION II. Section R112 "Board of A eals ". Subsection R112.1
"General" - Amended. Subsection R112.1 of the 2022 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)rnernbers
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. Decisbns ofthe Board -may be appealed to the City- Cound 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 appeai am:: the opposing party shall be given at least ten (10) days' written
notice of the time and place of the hearing on the appeal.
15.79.76 Chapter 1, Division II, Section 112 "Board of Appeals." Subsection R112.4
"Administration" - Added. Subsection R112.4 of the 2022 California Residential Code is added to read
as follows
R112.4 Administration. The Building Official shalt take immediate action in accordance
with the decision of the board, unless such decision is appealed to the City Council.
1 .79.0 0 Chapter 1. DIVISION II, Section R113 "Violations ", Subsection R113.1 "Unlawful
acts" Amended. Subsection R113.1 of the 2022 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 R2Q2 "Definitions," "Building Existing" - Amended. Section R2o2
Definitions "Building, Existing" of the 2019 California Residential Code is amended to read:
R202 Building, Existing. An "existing building" is a building erected prior to the adoption
of the 2022 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 2022 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 ,e 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 .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 2022 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 the roof of every existing structure, shall be a fire -retardant
roof covering that is at least Class B.
1 . 79.095 Plan _review fees. When plans are incomplete or changed so as to require
additional plan review, an additional plan review fee sha'II be charged in accordance with the current City
of National City Fee Schedule.
INTRODUCED
At Regular Meeting of 7th day of February, 2023.
PASSED and ADOPTED this 21 st day of Feb + ary 2023.
n Morrison
Mayor
ATTEST:
Shelley C 801, MMC
Interim Cit Clerk
APPROVED AS TO FORM:
Barry J. u
City Attorney
Passed and adopted by the Council of the City of National City, California, on February
21, 2023 by the following vote, to -wit:
Ayes: Morrison, Molina, Bush, Rodriguez, Yamane
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By -
Ron Morrison
Mayor of the City of National City, California
Shelley Chapel
Interim City Clerk of the
City of National City, California
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 7, 2023 and on February 21, 2023.
I FURTHER ER 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.
1 FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2023-2514 of the City Council of the City of National City, passed
and adopted by the Council of said City on February 21, 2023.
By:
Interim GAS Clerk of the
City of National City, California
/17<1 1
Inter( City City Clerk