HomeMy WebLinkAboutCC ORD 2023-2509 2022 California Building Code AdoptionORDINANCE NO. 2023- 2509
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING
VOLUMES I AND II AND APPENDICES B, C, D, F, G, H, I , J, K, L, M, N AND 0 OF THE 2022
CALIFORNIA BUILDING.CODE, AMENDING 'CERTAIN SECTIONS OF THAT CODE, AND
AMENDING CHAPTER 15.08 OF THE NATIONAL CITYMUNICIPAL CODE
Section I. The City Council of the City of National City hereby adopts Volumes I and 11,
and Appendices B, C, D, F, G, H I, J, K, L, M, N, AND 0 of the 2022 California Building Code,
except as amended in Chapter 15.08 of the National City Municipal Code.
Section 2. The City Council of the City of National City consistent , with their findings
adopted in 2013 under Ordinance No. 2013-2392 , which are incorporated herein by reference,
hereby deletes, adds, or modifies certain provisions of the 2022 California Building Code based
on local climatic , topographic , or geological conditions that justify deviatinc from that code.
Section 3. The City Council of the City of National City amends Chapter 15.08 of the
National City Municipal Code to read as follows:
CHAPTER 15.08
CALIFORNIA BUILDING CODE
Sections:
15.08.010 2022 California Bing Code - Adopted.
1 .08.0 0 Chapter 2° ; finons- Amy
-15.08.0 5 Chapter 1, r • ision • 104 "Duties uties an - ir-s-af-u-1
Subsection 04. ight o -AneYe
Chapter 1, Division Rrr!
pt-from permit - Building" - emended .
Chapter 1, Division II, Section 105 "Permits", Subsection 105.5 "Expiration"
- Amended.
Chapter 1, Division 1I, Section 105 "Permits'',
of permit" - Amended.
Chapter 1, Division II, Section 105
denial" - Added.
Chapter 1, Division 11, Section 109
permit fees" - Amended.
Chapter 1, Division II, Section 109
fees" - Added.
Chapter 1, Division II, Section 109 "Fees", Subsection 109.4 "Work
commencing before permit issuance" - Amended.
Chapter 1, Division II, Section 110 "Inspections", Subsection 110.3.8.1 "Re-
inspections" - Added.
Chapter 1, Division 11, Section 111 "Certificate of Occupancy", Subsection
111.3 "Temporary occupancy" - Amended.
Chapter 1, Division 11, Section 113 "Board of Appeals ", Subsection 113.1.
"General" - Amended.
Chapter 1, Division 11, Section 114 "violations", Subsection 114.1 "'Unlawful
acts" - Amended.
Section 501 "General", Subsection 501. "Address identification" -
Amended.
Survey required
15.98.030
15.08.040
15.08.045
15.08.050
15,08.060
15.08.065
15.08.070
15,08 .075
08,080
15.08.085
15.08.087
11
11
Subsection 105. "Placement
"Permits", Subsection 105.8 "Permit
Fees", Subsection 109.2 "Schedule of
Fees," Subsection 109.7 "Plan review
15.08.090 Table 1505.1 "Minimum roof covering classification for types of
construction" = Amended.
Chapter 18, Division II, Section 1803 "Geotechnical Investigations",
Subsection 18.1.1.1 — Added.
Chapter 31, Division II, Section 3109 Swimming Pool Enclosures and Safety
Devices, Subsection 3109.4.4.8 "Construction requirements for building a
pool or spa" - Amended.
15.08.095 Appendix Chapters B, 0, D, F, G, H, I, J, K, L, M, Ni and 0 - Adopted.
1 .0.010 2022 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, Volumes I and II of the 2022
California Building Code, including both Administration Civisions I and II, published in the
California Building Standards commission 2022 Edition, based on the International Building
Code 2021 Edition, California Code of Regulations, Title 24, Part 2, Part 2.5 of Division 13
of the California Health and Safety Code beginning with section 18901, and Appendices B,
, D, F, G, 1--I, I, J, K, L, M, N, and 0, save and except such portions as are deleted, added,
or modified. The City Council does specifically and expressly find and declare that the
nature and uniqueness of the dry Southern California climate, and the geographical and
topographical conditions in the City of National City, including the age and concentration of
structures, and differences in elevation throughout the City, do reasonably necessitate
and demand changes i n and variations from the 2022 California Building Code. Copies of
all 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
1 .0 .o o Chapter 2. Definitions Amended. section 202 "Building, Existing, of
the 2022 California Building Code is amended by amending the following definition
202 Budding, Exiting. An "existing building, is a building erected prior^ to
the adoption of the 2022 California Building 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.
1 .0 025 Chapter 1. Division II, section 11 "Duties and Powers of f uilc in i C ff cial",
Subsection 104.6 "Right ol_ Entry" - Amended. Subsection '104.6 of the 2022 California Building
Code is amended to read as follows:
1,6 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, or
designee, may request entry as specified in Chapter 1.1 of the National City
MunicipalCode.
1 .0 .0 0 Chapter 1. Division II, section 10 "Permits, "Subsection 10 . " Work Exemp
from PPermit. Building' - Amended. Subsection 105.2 Building: Item 4 of the 2022 California
Building Code is amended to read as follows:
(Items 1 - 3 unchanged)
4. Permits for retaining walls shall be as specified in the National City
Municipal Code, Chapter 15.70.
(items - 13 unchanged)
Subsection 105.2 {Wort exempt from permit - Building" of the 2022 California Building
Code is amended by adding the following Subsections 14 through 17:
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 involvesonly 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 Exterior stucco
finishes.
2) Of Installation of floor covering.
3) Cabinet Work
4) Outside paving on private property not within the public right-of-
way.
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 fdram mounted wall signs.
1 .0 .0 -0 Chapter 1. Division II, Section 105 "Permits'. Subsection 105.5 "Expiration"
n"
Amended. Subsection 105.5 of the 2022 California Building Code is amended to read as follows:
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
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 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 ion within
each six-month period upon the initial commencement of work authorized by such
permit.
Before such work can be recommenced, a new perm t, 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, anc 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.
1. 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; and
D. A renewal permit shall expire three calendar years
from the date of initial permit issuance.
2. Permits that have exceeded three years, For permits that
have exceeded three years beyond the issuance date, a renewal 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; and
C. A fee equal to the full amount required for a new
permit is paid except that where the Authority Having Jurisdiction determines that
construction has progressed to the point that a lesser fee is warranted, such lesser
fee shall be paid.
The maximum life of a permit renewal in accordance with subsection
15.0 .0 0{ } 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
Subsections A, B, and C, as stated in subsection 15.0 .040(3)2 are met.
3. 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 15.0 .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.
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 hislher deployment if necessary, upon application for such relief by the
permittee.
15.0 .0 5 Chapter 1, Division 11, Section 105 "Permits„ Subsection 105.7 "Placement of
Permit" - Amended. Subsection 105,7 of the 2022 California Building Code is amended to read
as follows:
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 "Permits", Subsection 105. "Permit Denial"
- Added. Subsection 105.8 is added to the 2022 California Building Code to read as follows:
105.8 Permit _D nial. 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.
1 ..55 Chapter 1, Division II,, Section 109 "Fees", Subsection 109.2 ""Schedule of Permit
Fees"_ mend d. Subsection 109.2 of the 2022 California Building Code is amended to read as
follows:
109.2 Schedule Permit Fees. Permit fees, including plan review fees,
shall be assessed in accordance with the current City of National City Fee
Schedule.
15.8.55 Chapter 1, Division II. Section 109 "Fees." Subsection 109.7 "Plan Review Fees"
- Added. Subsection 109.7 is added to the 2022 California Building Code to read as follows
109.7 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.
15.08.060 Chapter 1, Division I I . Section 109 "Fees", Subsection 109.4 "Wort
commencing before permit issuance" - Amended. Subsection 109.4 of the 2022 California
Building Code is amended to read as follows:
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 De 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.
15.08.065 Chapter 1. Division II, Section 110 "Inspections". Subsection 110.3.8.1 'Re
inspections' - Added. Subsection 110.3.8.1 is added to the 2022 California Building Code to read
as follows:
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:
'l. 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 revirsoection;
3. The inspection recorc care 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 s ih lev n 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 pad.
15 .08.0 Q Cha ter 1. Division II, Section 111 "Certificate of occupancy", Subsection 111.3
"Te n p ra O c-cupa nn y"- Amended. Su sectfon i, 11.a of-tl-e o ca Uforni u i Idi r od e-is-
amended to read as follows:
111.3 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 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;
1. 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;
. Evidence that a faithful performance bond has been posted
if required by any affected city department; and
3. A copy of the Temporary Certificate of Occupancy granting
temporary occupancy shall be provided to all affected city departments.
15.08.075 Chapter 1: Division II Section 113 "Means of Appeals Subsection 113uI
"General" - Amended. subsection 1111 of the 2022, ifrnia Building Code is amended to read
as follows:
Meat_-_. of L al, 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 upon natters pertaining to building 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,
15.0 .0 0 Chapter 1, Division II, Section 114 'violations 11, Subsection 114.1 "Unlawful
acts" -Amended. Subsection 11.1 of the 2022 California Building Code is amended to read as
follows:
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 shale be punishable as a misdemeanor
and shall carry the penalties as prescribed in Chapter 1.20 of the National City
Municipal Code.
15.0 .0 5 Section 501 "General", subsection 501. "Address identification" - Amended.
Subsection 501.2 of the 2022 California Building Code is amended to read as follows:
501.2 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 Engineering Department,
Approved numbers or addresses shall be placed on all new and existing
buildings, adjacent to the principal entrance to the premi:ses 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.
15.08.087 survey required.
When any proposed building will be constructed up to the minimum front, side, or
rear yard setback, and no monuments exist, a survey from a State of California
licensed surveyor shall be required as part of the plan review submittal.
15,08.090 Table 1505.1 "Minimum roof covering classification for_ types of construction"
Amended. Table 1505.1 of the 2022 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
B
113
IIA
B
B
IIB
B
ILIA
B
IIIB
B
1v
VA
VB
B B
B
15,8,92 Cha
ter 1 , Division Li, Section 1803 "Geotechnical Investigations", Subsection
1803.1. 1. 1 - Added. Subsection 1803.1.1.1 is added to the 2022 California Building Code to read
as follows:
1803.1.1.1 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
103,
1 .&.9 _ hapter 31, Di i i1, Section.- 1O "Swimming Poo - as, andliot Tubs,"
Subsection 3109.1 "Construction requirements for building a pool or spa" Amended. Subsection
3109.1 of the 2022 California Building Code is amended to read as follows:
3109.1 Construction requirements for building a pool or spa. 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).
15.08.095 Appendix. Chapters B, C, D, F, C, H, 1, J, I - L, M, N and 0- Adopted. Appendix
Chapters B, C, D, F, G, H, N, J, K, 1_, M, N and 0 of the 2019 California Building Code are adopted.
INTRODUCED Regular Meeting of the 7th day of February, 2023.
PASSED and ADOPTED this 21st day of February, 2023
on Morrison, Mayor
ATTEST:
Shelley h pel, MMC
Interim City Clerk
APPROVED AS TOFORM:
Barry J. 8
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: Ron Morrison
Mayor of the city of National City. California
Shelley Chapel
Interim City Clerk of the
City of National City, California
By:
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 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 Tess 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
passae a written or printed copy of said Ordinance.
FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2023-2509 of the City Council of the City of National City, passed
and adopted by the Council of said City on February 21, 2023.
By:
t Interim clerk of the
City of National City, California
Inty City Clerk