NEWCASTLE FIRE PROTECTION DISTRICT ORDINANCE

Transcription

1 ORDINANCE AN ORDINANCE OF THE NEWCASTLE FIRE DISTRICT REPEALING THE 2013 CALIFORNIA FIRE CODE AND RE-ENACTING THE ADOPTION OF THE 2016 CALIFORNIA FIRE CODE SECTION 1 PURPOSE: The purpose of this ordinance is to repeal any and all prior documents adopting the 2013 California Fire Code in their entirety and re-enact Ordinance No , and adopt the State of California Building Standards Code Title 24, Part 9 (2016 California Fire Code), and Newcastle Fire District Fire Code Amendments to provide for the safeguarding of life and property from fire and explosion hazards and from conditions hazardous to life and property in the occupancy of buildings and premises in the Newcastle Fire District. SECTION 2 FINDINGS: In connection with the amendments enacted by this ordinance relating to the 2016 Edition of the California Fire Code and its appendices, the Newcastle Fire District Board of Directors makes the following findings pursuant to Health and Safety Code Section 13869, and Such changes are reasonably necessary because of local climatic, geological and/or topographical conditions. The Newcastle Fire District Board hereby adopts, pursuant to Section of the California Health and Safety Code, the following findings of fact: CLIMATIC: Climate has one of the greatest impacts to fire behavior and other major emergency events because it cannot be controlled. Average yearly rainfall for the Newcastle Fire District is approximately 18 inches and typically occurs from October to April. During summer months, there is generally no measurable precipitation. Temperatures for this dry period range from 70 to 112 degrees Fahrenheit frequently accompanied by light to gusty westerly and northerly winds. The relative humidity during the summer months ranges from two (2) to thirty (30) percent, which is considered arid. The Fire District contains thousands of acres of grasslands and woodlands. The drying out of combustible and flammable wild-land fuels in the summer months allows for easy ignition. TOPOGRAPHICAL: The Fire District is segmented by several topographical and physical features including rivers, freeways and rolling mountainous areas. These areas are difficult to access and create significant risks to fire spread. GEOLOGICAL: The District and surrounding Placer County are subject to ground tremors from seismic events as Placer County and the District are located within a seismically active area. Flooding has occurred in areas of the District that are adjacent to the numerous creeks and streams. Whereas the International Code Council promulgates the International Fire Code, a nationally recognized compilation of rules and regulations. The International Code Council has conducted open code hearings that permit participation by National, State, and local code officials; as well as industry representatives, consultants, and other private parties with an interest in the International Fire Code. 1

2 ORDINANCE Whereas the International Fire Code has been printed and published as a Code in book form within the meaning of Section of the Government Code of the State of California. Whereas under this adopting ordinance, specific amendments to building standards are more restrictive than those contained within the 2015 Edition of the International Fire Code with amendments as adopted by the California Building Standards Commission and published as the 2016 Edition of the California Fire Code. Whereas these amendments within the California Fire Code have been recognized by the Newcastle Fire District to address the fire problems, concerns, and future direction by which the District can establish and maintain an environment that will afford an acceptable level of fire and life safety to all who live and work within its boundaries. Whereas under the provisions of Section of the Health and Safety Code, local amendments are based on climatic, topographical and geological conditions. Whereas the findings of fact contained herein address each of these situations and present the local situations, which, either singularly or in combination, cause the aforementioned amendments to be adopted. Whereas it is clearly understood that the adoption of such amendments may not prevent the incidence of fire, the implementation of these various amendments to the Fire Code attempt to reduce the severity and potential loss of life, property and protection of the environment. The Board of Directors of the Newcastle Fire District ordains as follows: SECTION 3 ADOPTION OF THE CALIFORNIA FIRE CODE WITH AMENDMENTS SHORT TITLE: This chapter shall be known and cited as the "2016 California Fire Code" with Newcastle Fire District Amendments. CALIFORNIA FIRE CODE-ADOPTED AND AMENDED There is hereby adopted by the Board of Directors of the Newcastle Fire District for the purpose prescribing regulations governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises that certain code known as the 2016 Edition of the California Fire Code with amendments adopted by the California Building Standards Commission and published as the 2016 Edition of the California Fire Code, together with Appendices B, C, D, F, H, I and J; and all other chapters, supplements and errata save and except such portions as hereunder deleted, modified, or amended, is hereby adopted. ENFORCEMENT 2

3 ORDINANCE The Fire Chief of the District is designated as the Chief Fire Official of the District. The Fire Chief and his/her designated Fire Marshal shall have all the powers of peace officers in enforcing the California Fire Code; pursuant to Section of the California Penal Code. The Fire Marshal may issue orders, notices, and citations and make arrests for violations within the Newcastle Fire District; pursuant to Section 13870, 13871, 13872, and of the California Health and Safety Code. DEFINITIONS: I) Whenever the words "Fire Code" is used in this ordinance, it shall mean the 2016 Edition of the California Fire Code adopted by the California Building Standards Commission and published as the 2016 Edition of the California Fire Code, including Newcastle Fire District amendments thereto. 2) Wherever the word "2016 California Fire Code" is used it shall also mean State of California Building Standards Code, Title 24 of the California Code of Regulations, Part 9. 3) Wherever the word "2016 California Building Code" is used it shall also mean State of California Building Standards Code, Title 24 of the California Code of Regulations, Part 2. 4) Wherever the word "2016 California Residential Building Code" is used it shall also mean State of California Building Standards Code, Title 24 of the California Code of Regulations, Part ) Wherever the word "District" is used in the Fire Code, it shall mean the Newcastle Fire District. 6) Wherever the words "Fire Code Official" or "Fire Chief' are used in the Fire Code, they shall mean the Fire Chief of the Newcastle Fire District, or his/her designated representatives. 7) Wherever the words "Fire Marshal" are used in the Fire Code, they shall mean the Fire Chief of the Newcastle Fire District, or his/her designated representatives. REPEAL OF CONFLICTING ORDINANCES: All former fire prevention ordinances or parts thereof conflicting or inconsistent with the provisions of this chapter or of the code adopted by this chapter are repealed. 3

4 ORDINANCE BUILDING AND CONSTRUCTION CODE Part I: Administration Sections: Application Purpose and authority Administration chapter adopted Administration chapter amended Title Other laws Permits Submittal documents Fees Inspections Certificate of occupancy Appeals Building appeals board Violations Expedited permit process for small residential rooftop solar systems. Part II: Codes adopted and amended Sections: Adoption of the California Building Codes Building Code adopted Building Code amended Definitions Outdoor lights - Serene Lakes Building addresses Materials and construction methods for wildfire exposure Efficiency dwelling units Snow and wind design Soil types - Conventional construction Roof construction and fire retardant requirements Residential swimming pool and spa barriers Residential Building Code adopted Residential Building Code amended Definitions Building planning Foundations Residential roof construction and fire retardant requirements Electrical Code adopted Electrical Code amended Requirements for electrical installations Working space and access Temporary power Mechanical Code adopted Plumbing Code adopted Plumbing Code amended Plumbing requirements in snow areas Energy Code adopted Historical Building Code adopted Fire Code adopted Fire Code amended Department of fire prevention Fire appeals board Violations Fire Code general requirements Definitions Fire apparatus access road Automatic sprinkler systems Fire alarm detection systems Tire storage Flammable and combustible liquids Fire hydrants Fire apparatus access roads Appendix D Existing Building Code adopted CALGreen Code adopted California Referenced Standards Code adopted Codes and standards adopted as reference. 4

5 Part I - Administration Application. This article is applicable in all the unincorporated area within Placer County. This article shall apply to all new construction, alterations, repairs, relocations, or reconstruction of any building or structure or any portion thereof, including any electrical, mechanical, gas, plumbing, or fire protection equipment installed on any property or used on or within any building Purpose and authority. The purpose of this article is to adopt by reference the 2016 edition of the California Building Standards Code, Title 24 of the California Code of Regulations, subject to the definitions, clarifications, and the amendments set forth in this article. The purpose of this article is also to provide minimum requirements and standards for the protection of the public safety, health, property and welfare of the County of Placer. The ordinance codified in this article is adopted under the authority of Government Code section and Health and Safety Code section Administration chapter adopted. Chapter 1, division I and division II of the California Building Code (CBC), volume 1, 2016 edition, is hereby adopted in its entirety, as amended below, as the administrative provisions of this article. Chapter 1, division II, sections R105.2 through and R106 of the California Residential Code (CRC), 2016 edition, are hereby adopted as amended below Administration chapter amended. Chapter 1, division II of the California Building Code, 2016 edition, volume 1, adopted in section , is hereby amended as set out in sections through Title. Section Title. Replace Section of the CBC with the following: Section Title. These regulations of article shall be known as the Placer County Building and Construction Code, hereinafter referenced to as this code Other laws. Section Other laws. Add the following subsection to section of the CBC: Section Conflicts with other laws or rules. In the event of any conflict between this article and any law, rule or regulation of the State of California, that requirement which establishes the higher standard of safety shall govern. Failure to comply with such standard of safety shall be a violation of this article Permits. Section Required. Add the following subsection to section of the CBC: 5

6 Section Compliance by special districts. Each special district within the County of Placer with an elected governing board, including, but not limited to, utility districts, cemetery districts, recreation and park districts, utility districts, and sanitary districts, shall comply with this article, as heretofore or hereafter adopted by ordinance of the Placer County board of supervisors; provided however, that if each such special district has delegated full authority to self-regulate each such code, as adopted by the Placer County board of supervisors, for its own projects, such special district is not required to obtain a permit from, pay fees to, or obtain inspections by the building services division of the county of Placer. Special districts which are subject to this article shall pay the normal fees and obtain all required permits. Exception: As otherwise exempted in section of the CBC. Section Required. Add the following subsection to section of the CBC: Section Building permits during construction of subdivision improvements. A. No building permit shall be issued within a recorded subdivision or planned unit development until such time as all improvements required by the agreement between the county and the subdivider have been completed and accepted by the county, except that building permits may be issued prior to the acceptance of the improvements by the county as provided in this section. B. Once the permit applications have met all other requirements for permit issuance, building permits with a restriction of non-occupancy of the structure may be issued by the building services division if the following conditions are met, as determined by the engineering and surveying division: 1. The final map of the subdivision or planned unit development has been approved by the board of supervisors and duly recorded. 2. All pad grading required by the county has been completed. 3. Roads serving the building lot have been paved. 4. All underground utilities are installed to the lot lines. 5. Utility systems have passed all required tests. 6. The subdivision developer, the contractor responsible for constructing the subdivision improvements and the owner of record of the lot, if title has been transferred from the subdivider, have each executed a release to the satisfaction of the county specifically authorizing the issuance of a building permit. The release shall hold the county, the serving fire entity, and utility companies harmless from any and all liability from damages or losses resulting from early permit issuance. The release shall also provide that the county will hold the subdivision developer responsible for all improvements regardless of the presence of house contractors, material suppliers, tradesmen, or public in the subdivision. The release shall also hold the county harmless 6

7 in the event that the subdivision improvements are not completed and the construction of the home or other structure is delayed and/or prohibited. 7. The locations of all structures and any required setbacks have been certified by a licensed surveyor and have been submitted to the county. C. For projects above the elevation of five thousand (5,000) feet, once the permit applications have met all other requirements for permit issuance, building permits with a restriction that no construction beyond the foundation level, rough framing, and roof sheeting will be issued by the building services division if the following conditions are met as determined by the engineering and surveying division: 1. The final map of the subdivision or planned unit development has been approved by the board of supervisors and duly recorded. 2. All pad grading required by the county has been completed. 3. Roads serving the building lot and firefighting water service have been constructed to a standard approved by the serving fire district and the county. 4. The subdivision developer, the contractor responsible for constructing the subdivision improvements and the owner of record of the lot if title has been transferred from the subdivider, have each executed a release to the satisfaction of the county specifically authorizing the issuance of a building permit. The release shall hold the county, the serving fire entity and utility companies harmless from any and all liability from damages or losses resulting from early permit issuance. The release shall also provide that the county will hold the subdivision developer responsible for all improvements regardless of the presence of house contractors, material suppliers, tradesmen, or public in the subdivision. The release shall also hold the county harmless in the event that the subdivision improvements are not completed and the construction of the home or other structure is delayed and/or prohibited. 5. The locations of all structures and any required setbacks have been certified by a licensed surveyor and have been submitted to the county. 6. Security in the form of cash, certificate of deposit, letter of credit, or as approved by the Placer County Community Development Resource Agency (CDRA) director (the latter three to be in a form acceptable to the county), shall be deposited with the county. This security shall be in an amount equal to one hundred twenty-five (125) percent of the value of the unfinished infrastructure required under the subdivision agreement for the project. The amount of the deposit shall be based on an estimate prepared by a registered civil engineer and approved by CDRA. The final amount shall be determined solely by CDRA. An additional agreement shall be entered into between the county and the subdivider (and the property owner if a lot has been sold) to establish the terms of the release of any deposits required under this section. 7. The building services division shall have approved a complete set of building plans. 8. The local serving fire district shall indicate, in writing, that it is satisfied with the provisions for fire protection. Each permit issued under this subsection shall contain the following note: It is expressly understood that no construction except the foundation, rough framing and roof sheeting of the 7

8 structure will be permitted until all of the conditions of approval relating to the subdivision shall have been met. A processing fee, payable to the engineering and surveying division, shall be charged for preparing documents and processing permits under this subsection ( high elevation processing fee ). The high elevation processing fee shall be in addition to any other required fees as prescribed in the engineering and surveying division fee schedule. D. For the construction of model homes at all elevations, building permits that have met all other requirements for permit issuance may be issued by the building services division provided the following conditions are met as determined by the engineering and surveying division (model home permits will be conditionally issued with a restriction of non-occupancy of the structure): 1. Conditions of subsections (B)(1), (B)(2), (B)(6) and (B)(7) of this section have been satisfied. 2. All underground utility crossings within roadways have been installed and waterlines and fire hydrants serving proposed model construction have been installed to the satisfaction of the serving fire protection entity or the developer can provide written evidence from the serving fire protection entity that adequate fire protection can be provided for the model homes. 3. Developer agrees in writing to remove landscaping and level the multipurpose easement to sidewalk grade at developer s own expense as required by the utility companies prior to utility trenching operations. 4. Developer agrees in writing not to convey title to model homes for occupancy prior to utilities and improvements being fully installed and accepted. 5. Developer agrees in writing that a model home shall not be used for offices nor will public foot traffic be allowed through such homes until a temporary certificate of occupancy has been issued by the building services division, and, further, that before a model home can be used for residence purposes a permanent certificate of occupancy must be obtained. 6. Developer agrees in writing that model homes shall not be connected to sewer laterals until all required sewer line testing has been completed. 7. Until such time as the utilities are installed and passed to the lot lines, developer shall provide written evidence that the county has been named as an additional insured on the developer s liability insurance in an amount to be determined. E. Building permits issued under subsection B or C of this section shall be limited to twenty (20) percent of the total number of lots in a subdivision or phase for projects of twenty (20) or more lots. For subdivisions of less than twenty (20) lots, the maximum number of permits under subsection B or C of this section shall be limited to four. The maximum number of model home building permits issued under subsection D of this section for each phase of a subdivision shall equal ten (10) percent of the number of lots shown on the final map of the unit or a total of fifteen (15) building permits, whichever is less; except that for subdivisions having less than thirty (30) lots the maximum number of model permits will be three. A computed fractional number will be rounded to the next whole number. 8

9 F. For all permits issued under subsection B or C of this section, no certificate of occupancy may be issued until the subdivision improvements are accepted by the county and the final inspection of the structure(s) is completed. Each permit issued pursuant to the provisions of subsection B or C of this section shall contain the following note: Certificate of Occupancy shall not be issued until all subdivision improvements have been approved by the board of supervisors and other agencies involved. No occupancy is allowed until such approvals are given. G. The conditions contained in this section may be applied to subdivision phases as approved by the county planning commission. Section Required. Add the following subsection to section of the CBC: Section Building permits on agricultural property. No building permit shall be issued for a site or building which does not comply with the provisions of section of this code. Section Work exempt from permit. Add the following amendments to section of the CBC: Building: Item 1, to be replaced as follows: One-story detached residential accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet and the height does not exceed 12 feet measured from the lowest adjacent grade to the highest roof projection. A permit is required for any electrical, mechanical or plumbing work installed. Item 2, to be replaced as follows: Wire fences not over 12 feet in height for residential uses and other fences not over 7 feet in height. Item 7, to be replaced as follows: Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work, except when the cabinet work contains plumbing, electrical or is required to be accessible per CBC chapter 11. Items 14 to 19, add the following items to Section of the CBC, Building: 14. Agricultural buildings or structures as defined in section 202, on any property of 10 or more acres zoned F, RF, AE, or RA, or any property under a contract pursuant to the California Land Conservation Act, when such property and building(s) are primarily used for agricultural purposes or when such buildings or structures are necessary to the agricultural development or use of such property. The provisions of this section shall not include the owner s or lessee s dwelling or private garage, any human habitation which is held out for rent, lease, or sale. An owner or lessee of such property may obtain the services of the building services division for buildings herein exempt, provided he/she applies for a building permit and pays the fees therefore. All buildings exempted under this section shall obtain a setback verification permit and shall still be governed by the provisions of the Placer County Plumbing, Mechanical and Electrical Codes. A setback verification permit for an agriculturally exempt structure will be issued for an agricultural building on lands meeting the requirements noted above, upon presentation of an acceptable plot plan (2 9

10 copies), a departmental approval form indicating planning services division approval, which may also require approval by the agricultural commissioner, and payment of the current prescribed recording and handling fee. 15. Temporary second exit seasonal snow tunnels for dwellings which comply with Placer County zoning requirements are temporary buildings and are exempted from building permit requirements. 16. Gantry cranes and similar equipment used in conjunction with a valid building permit and removed upon expiration of the permit or completion of the work covered by the permit. 17. Radio and television antennas which do not exceed 45 feet in height and ground supported dish antennas not exceeding 15 feet in height above finished grade in any position. 18. Temporary sheds, self-contained portable offices, or storage buildings, and other structures incidental to and for work authorized by a valid building permit, or when such structures are used in conjunction with a Federal, State, or Local infrastructure improvement project (such as road, sewer, and water line projects) when approved by the chief building official. Such structures must be removed upon expiration of the permit or completion of the work covered by the permit. 19. Repairs which involve only the replacement of component parts or existing work with similar materials only for the purpose of maintenance and which do not aggregate over $1,000 in valuation in any 12-month period and do not affect any electrical, plumbing or mechanical systems nor more than two squares of roofing. Section R Work exempt from permit. Allow for the following additional exemptions as outlined below: Where projects are subject to the CRC, as defined in section of the CBC, the exemptions in sections R105.2 through R of the CRC may be applied, in addition to the exemptions noted in section of the CBC, as amended above. Section Application for permit. Add the following to Section of the CBC: a. Prior to the issuance of any building permit, approval from the fire district is required for fire code items adopted by State law, county code or by the fire district when approved by the board of supervisors. b. Prior to issuance of any building permit, a certificate of compliance is required from school districts (except where exempt by State law) and from fire districts where a capital facilities plan has been approved by the board of supervisors. Section Application for permit. Replace subsection of the CBC with the following subsection: Section Time limitation of application. An application for a permit for any work shall be deemed to have been abandoned and expired 1 year after the date of filing, unless such application has been extended prior to that time. Any applicant, who requests in writing prior to the expiration, qualifies for a single one-year extension. Upon approval of the building official a second one-year extension may be granted. The fee for a permit extension shall be as prescribed in the building services division fee schedule. All permits issued under the provisions of the Tahoe Basin Allocation of Development Rights permit allocation ordinance, Placer County Code, article 15.24, and those permits extended between the dates of July 28, 1982, and the date of Ordinance 3681, will expire concurrently with the expiration of their respective TRPA permit. All permit holders who desire to extend their permits beyond August 1, 1986, must pay the prescribed fees as determined in the building services division fee schedule. a. Permits issued after the date of Ordinance 3681 shall have the same time frame constraints and expiration dates as those established by TRPA. b. Building permits will not be issued until approvals have been obtained from all county departments. Section Expiration. Replace section of the CBC with the following section: Section Expiration. 10

11 Unless otherwise authorized, every permit issued by the chief building official under the provisions of this code shall expire and become null and void two years from the date of issuance. The chief building official may issue a permit for a lesser time period when necessary to abate dangerous or sub-standard conditions. This lesser time period may be appealed by the owner. The chief building official may grant up to a maximum of two one-year extensions of an unexpired permit to any permitee who submits a request in writing demonstrating justifiable cause for granting the extension. The fee for a permit extension shall be as prescribed in the building services division fee schedule. Before any work can be recommenced on an expired permit, a new permit shall be obtained. All work done under a new permit shall comply with the most current edition of the codes in effect at the time a new permit is issued and shall apply to that permit through the point of completion or expiration, whichever occurs first. Permits may be granted an administrative ninety (90) day extension without fees upon approval of the chief building official or assignee Submittal documents. Section R106 - Construction documents. This section applies, where projects are not subject to the California Building Code, but are subject to the California Residential Code, as defined in section of the California Building Code. CRC: Section R106 - Construction documents. Add the following to subsection R of the Where applicable, the construction documents shall provide the information specified in Section 1603 of the California Building Code. Section R106 - Construction documents. Add the following subsection to section R of the CRC: Section R Residential standard plans. Subsequent standard plans applied for off a previously approved master plan require another application and master plan when the standard plan differs from the prior set of master plans that were submitted; including but not limited to: different subdivision, design review changes, different snow load, different topography, different soil conditions, and/or the building is different in any respect. The standard plan approval shall be reviewed one year from date of application to verify compliance with any newly enacted requirements, which may be subject to additional plan review and associated fees. 11

12 Fees. Section Fees. Add the following subsection to section of the CBC: Section Permit fee exemption for deed-restricted second units. In the case where a property owner voluntarily opts to deed restrict a secondary dwelling unit for affordability, said unit is exempt from payment of processing, plan check, inspection and building permit fees. Deed restricted secondary dwelling units are secondary dwelling units that are restricted for affordability as verified in writing by the planning division. To qualify for this exemption, the written verification and a copy of the recorded deed restriction required under Placer County Code, chapter 17, article 17.56, section (H), must be provided to the building services division prior to issuance of any permits required under this article Inspections. Section Inspections. Add the following to section of the CBC: Except where special inspection is specified in chapter 17 of the CBC, the chief building official may authorize alternative inspection procedures requiring declarations from duly licensed professionals. Section Inspections. Delete the exception from section of the CBC Certificate of occupancy. Section Use and occupancy. Add the following to section of the CBC: Certificates of occupancy will not be issued without approvals of all applicable agencies, county departments and the fire department/district when such departments/districts have conditions of approval made part of the permit. Such a certificate shall not be issued until compliance with all county requirements has been met. Occupying or using a structure without this approval shall constitute a violation of this code and will deemed a public nuisance. Section Certificate issued. Add the following to section of the CBC: The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the chief building official. Exception: The certificate of occupancy need not be posted in Group U and Group R-3 occupancies. Section Certificate issued. Delete item number 10 from section of the CBC Appeals. Section 113 Board of appeals. Replace the phrase board of appeals with building appeals board. Section General. Replace the phrase board of appeals with building appeals board. Section Limitations on authority. Add the following to section of the CBC: 12

13 Appeals of decisions of the chief building official shall be submitted to the building services division on forms provided by the division and shall be accompanied by a non-refundable fee as required by the building services division fee schedule. All appeals shall be filed within thirty (30) days of the date of the decision of the chief building official, except as otherwise noted herein Building appeals board. Section Qualifications. Replace section of the CBC with the following section: Section Composition - Appointment. The building appeals board shall consist of nine members, not officials of the county, who are qualified by experience and training to pass upon matters pertaining to building construction. Two members of the board shall be physically disabled persons and two members shall be fire officials or fire marshals in the county. The chief building official or designee shall be an ex-officio, non-voting member. The building appeals board members shall be appointed by the board of supervisors. Add the following subsection to section 113 of the CBC: Section Terms of Office - Removal of members - Vacancies. For non-disabled members, the term of office shall be four years and until the first appointment and qualification of his or her successor. The first members of the board shall classify themselves by lot so that the term of office of two members is two years and of three members four years. For disabled and fire official members, the term of office shall be four years and until the first appointment and qualification of his or her successor. The first members representing each group shall classify themselves by lot so that the term of office of one member is two years and of the other member four years. Any member, even though he or she serves for a term, may be removed by the appointing authority without cause. A vacancy is filled only for the unexpired term. Add the following subsection to section 113 of the CBC: Section Compensation of members - Traveling expenses. All members of the Board shall serve without compensation. The members of the board shall receive their actual and necessary travel expenses to and from the place of meeting of the board and while traveling in connection with the business of the board. Add the following subsection to section 113 of the CBC: Section Powers and duties. The building appeals board shall: 1. Hear and determine appeals from code interpretations of the chief building official or assignee. Determination of appeal by building appeals board is final. 2. Have the authority to determine the suitability of, and authorize the substitution of, materials and types of construction equipment to those specified by this article and the State Housing Law on a project-specific basis. Determination of appeal by building appeals board is final. 3. Act as an advisory body to the board of supervisors on all matters pertaining to the construction industry. 4. Promulgate reasonable rules and regulations for conducting its hearings and meetings Violations. Section Unlawful acts. Add the following to section of the CBC: 13

14 Any person, firm, or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor, although the first offense may be handled as an infraction pursuant to Placer County Code, chapter 1, article 1.24, section Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed, continued, or permitted. Upon conviction of any such violations, such person shall be punished by a fine of not more than $ or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. Any penalties under this or other codes do not waive any requirements for code compliance. Section Violation penalties. Add the following to section of the CBC: These include, but are not limited to, the penalty provisions outlined in Placer County Code, chapter 1, article 1.24, section and chapter 17, article CBC: Section Violation penalties. Add the following subsection to section of the Section Violation recordation. When any building is constructed, altered, converted or maintained in violation of the provisions of this article, the enforcement agency, after giving the owner written notice and a reasonable time to correct the violation, may petition the board of supervisors for authorization to record notice of the violation in the county recorder s office. The petition shall be filed in triplicate with the clerk of the board of supervisors and shall set forth the facts giving rise to such violation. Upon receipt of the petition, the clerk of the board of supervisors shall set a date for hearing on the petition by the board of supervisors and shall mail a copy of the petition and notice of the hearing to the owner responsible for the violation. In passing upon such petition, the board of supervisors shall determine the truth of the allegations of such petition and shall determine whether or not notice of the violation shall be recorded by the clerk of the board of supervisors in the county recorder s office Expedited permit process for small residential rooftop solar systems. Add the following section to the CBC: Section Expedited permit process for small residential rooftop solar systems. A. Purpose and Intent. The purpose of this section is to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, California Government Code Section ) in order to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the county, and expanding the ability of property owners to install solar energy systems. This section allows the county to achieve these goals while protecting the public health and safety. B. Definitions. As used in this section: Electronic submittal means the utilization of electronic or submittal via the internet. 14

15 Reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance means: 1. For water heater systems or solar swimming pool heating systems: an amount exceeding ten (10) percent of the cost of the system, but in no case more than one thousand dollars ($1,000.00), or decreasing the efficiency of the solar energy system by an amount exceeding ten (10) percent, as originally specified and proposed. 2. For photovoltaic systems: an amount not to exceed one thousand dollars ($1,000.00) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten (10) percent as originally specified and proposed. Small residential rooftop solar energy system means all of the following: 1. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal. 2. A solar energy system that conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the county and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or designated from time to time. 3. A solar energy system that is installed on a single- or duplex-family dwelling. 4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction. Solar energy system has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section of the Civil Code, as such section or subdivision may be amended, renumbered, or designated from time to time. Specific adverse impact means a significant, quantifiable, direct, unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. C. Applicability. 1. This section applies to the permitting of all small residential rooftop solar energy systems under the jurisdiction of the county. 2. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit. D. Solar Energy System Requirements. 15

16 1. All small residential rooftop solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the county. 2. Solar energy systems for heating water in single-family residences shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code. 3. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. E. Applications and Documents. 1. All documents required for the submission of an expedited solar energy system application shall be made available on the county website. 2. Electronic submittal of the required permit application and documents by or the Internet shall be made available to all small residential rooftop solar energy system permit applicants. 3. The county s building services division shall adopt and post on the county s website a standard plan and checklist of all requirements ( Expedited Application Requirements ) with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. Said plan and checklist shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor s Office of Planning and Research. 4. Prior to submitting an application, the applicant shall: a. Verify to the applicant s reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and b. At the applicant s cost, verify to the applicant s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system s current use, to carry all new photovoltaic electrical loads. F. Permit Review and Inspection Requirements. 1. An application that satisfies all the requirements of the expedited application requirements, as determined by the chief building official or designee shall be deemed complete. 2. Once deemed complete, the building services division shall issue a building permit, the issuance of which is nondiscretionary, on the same day for over-the-counter applications or within one to three business days for electronic applications. The issuance of said permit does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider s electricity grid until inspected and authorization to do so is demonstrated by the chief building official or designee. The applicant is further responsible for obtaining such approval or permission to connect from the local utility provider. 16

17 3. Only one inspection shall be required and performed by the building services division for small residential rooftop solar energy systems eligible for expedited review. The inspection shall be done in a timely manner and may include a consolidated inspection by the building official and fire chief, and/or their designated representatives. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized, however the subsequent inspection need not conform to the requirements of this subsection. 4. If the building official determines an application is incomplete, the chief building official or designee shall issue a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance. Said written correction notice shall be issued within five business days of the date of determination of an incomplete application. 5. The chief building official or designee may require an applicant to apply for a limited review permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decision may be appealed by the applicant to the CDRA director subject to the provisions of subsection G. 6. If a limited review permit is required, the chief building official may deny such application if it makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the county on another similarly situated application in a prior successful application for a permit. The county shall use its best efforts to ensure the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decision may be appealed by the applicant to the CDRA director subject to the provisions of subsection G. 7. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. G. Appeals. 1. The applicant may appeal decisions rendered pursuant to subsection (F)(4) or (F)(5) upon payment of the appeal fee, submittal of an appeal application to the CDRA front counter within ten (10) calendar days of the date of the decision. 2. The decision of the CDRA director on an appeal is final. Part II Codes adopted and amended Adoption of California Building Codes. 17

18 The following publications are hereby adopted by reference and incorporated in this article, except as expressly amended or superseded by the provisions of this article. The 2016 Triennial Edition of Title 24, California Code of Regulations (CCR), consisting of the following parts: Part 2 - California Building Code, Part California Residential Building Code, Part 3 - California Electrical Code, Part 4 - California Mechanical Code, Part 5 - California Plumbing Code, Part 6 - California Energy Code, Part 8 - California Historical Building Code, Part 9 - California Fire Code, Part 10 - California Existing Building Code, Part 11 - California Green Building Standards Code (CalGreen Code), Part 12 California Referenced Standards Code Building Code adopted. Adopt the California Building Code, 2016 edition, volumes 1 and 2, based on the 2015 International Building Code, as published by the International Code Council (ICC), as adopted and amended by the California Building Standards Commission and other agencies listed in chapter 1, division I of the CBC, where the county is the enforcing authority or the authority has been delegated to the county by these agencies in the California Building Code, California Code of Regulations, title 24, part 2, including, Appendix C (Group U - Agricultural Buildings) and Appendix J (Grading) Building Code amended. The California Building Code adopted in Section is modified, amended and/or supplemented as set out in Sections through Definitions. Section Definitions. Add the following to section 202 of the CBC: Bedroom: A room that meets the minimum dimension, area, and height requirements for a habitable room as specified in California Building Code section and California Residential Building Code sections R304 and R305 that has an adjoining area or space that may be utilized as a closet intended for clothes storage containing a shelf and pole whether or not the room is actually utilized for sleeping purposes Outdoor lights - Serene Lakes. Section Utility and Miscellaneous Group U. Add the following subsection to section 312 of the CBC: Section Outdoor lights in Serene Lakes. 18