SAN RAFAEL CITY COUNCIL AGENDA REPORT

Transcription

1 Agenda Item No: 6. b Meeting Date: November 18, 2013 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development/ Building Division Prepared by: Paul Jensen (TA) City Manager Approvaif) ~ Ii,.~ <! SUBJECT: Introduction of proposed Ordinance amending Title 12 of the San Rafael Municipal Code adopting the 2013 California State construction codes with amendments and setting a public hearing date for adoption. RECOMMENDATION: Staff recommends that the City Council: 1) provide direction on recommendations for adoption of the green building standards; and 2) introduce the Ordinance and set the public hearing for December 2, 2013 to adopt the 2013 California Building Code, 2013 California Residential Code, the 2013 California Electrical Code, the 2013 California Plumbing Code, the 2013 California Mechanical Code, the 2012 International Property Maintenance Code, and the 2013 California Green Building Standards Code with local amendments. BACKGROUND: Periodic Updates to State Construction Codes The State of California Title 24 construction codes are typically updated and published on a three-year cycle. The California Building Standards Commission publishes the tri-annual code and State law mandates that this code become effective throughout California 180 days after the publication date. For this latest cycle, the publication date was July 1, 2013, meaning that the current cycle of State construction codes become effective on January 1,2014. This is done in order to foster uniformity in fire prevention, life/safety and construction standards statewide. Local jurisdictions are permitted to amend the published codes based on local climatic, geological, or topographical conditions. For this cycle, the State has incorporated an updated 2013 California Green Building Standards Code. Since 2010, the California Building Standards Code included mandatory green building requirements referred to as Cal Green, with the initial measures addressing new construction only, not remodels or additions. The 2013 Cal Green Code has been updated and now regulates both new and remodeled/expanded residential and non-residential buildings. In addition, the energy requirements of Title 24 have been made significantly more stringent (an approximately 25% reduced energy budget for new homes, 30% reduction for commercial buildings and a 14% reduction for multi-family structures), with an intended progression towards code requirements for net zero energy homes by 2020 and commercial structures by Any required increase in energy efficiency requirements beyond Title 24 (such as those in the current BERST model ordinance discussed below) require preparation of a cosubenefit analysis using software approved by the California Energy Commission (CEC), and approval of the local amendment by the CEC. Since the modeling software for the cosubenefit analyses has only been recently approved by the CEC, local agencies are not able to perform the required study and obtain CEC approval prior to the January 1,2014 effective date of the new building codes. Therefore, San Rafael and FOR CITY CLERK ONLY File No.: Council Meeting: Disposition:

2 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 other cities in Marin operating under the BERST model ordinance will no longer be able to apply the increased energy efficiency components of their local codes. BERST and Local Green Building Standards to Present In 2009, BERST was formed to study and formulate green building standards that could be applied throughout Marin County. BERST established a task force of Councilmembers and Planning Commissioners from eight Marin cities/towns, supported by a technical advisory committee. The BERST technical advisory committee included two local building officials, architects, contractors, energy auditors, as well as representatives from, among others. Marin Builders Exchange, Marin Association of Realtors and Marin Energy Authority. Following the comprehensive BERST process, the City of San Rafael adopted a green building ordinance in November 2009 relying on: a) the Green Point Rated system for residential construction; and b) the LEED rating system for commercial construction. These systems were selected as they were known and proven. Further, the$e systems rely on support services of the green-rating professionals (e.g., a Green Point rater or LEED-certified rater), allowing local jurisdictions to require a third-party or outside review for construction compliance with the local ordinance. At that time, Cal Green was voluntary and did not apply to remodels and additions. Beginning in 2010, as well as with the current 2013 California Green Building Standards, the base standards of the Cal Green rating system become mandatory, unless the local jurisdiction choses to maintain its currently-adopted rating system, If this is done, the locally-required standards must be more stringent than the basic CalGreen standards. Further, it is critical to note that there is an "apples and oranges" comparison between the Cal Green system and the Green PointlLEED systems in that the former presents a compliance checklist of prescribed, tangible measures versus a "point system" offered by Green PointlLEED. This provides local jurisdictions the opportunity to: a) adopt the Cal Green standards applying to the basic State requirements; b) require higher CalGreen rating levels (Tier 1 or Tier 2); or c) continue to apply the currently-adopted systems. The basic CalGreen standards that are mandated and effective January 1, 2013 are more stringent than the 2010 regulations, but a little more lenient than our currently-adopted Green Point and LEED systems, while the Cal Green Tier 1 and Tier 2 standards are slightly more stringent. The differences between basic Cal Green and Tier 1 and Tier 2 standards are quite detailed, technical and lengthy. However, the following provides some simple distinctions of each: >- Basic Cal Green. Includes requirements/standards for construction waste management and recycling; environmental quality standards for pollutant control and wood smoke; interior moisture control; interior air quality and comfort; energy efficiency; water efficiency and conservation, both interior and exterior; and provisions for ongoing operation and maintenance for residential projects. Examples of commercial requirements include the same plus additional provisions for bicycle and fuel efficient vehicle parking; light pollution controls; waste water reduction; and commissioning of all systems at project final. An example of a basic Cal Green standard is the requirement to include permeable paving material for storm water control but the basic level does not specify a minimum required amount, and requires the replacement of all non-efficient plumbing fixtures to water conserving fixtures. >- Cal Green Tier 1. Tier 1 requires 10 additional mandatory measures and seven additional elective measures (from a list of 46 options) for residential construction and eight mandatory measures and four elective measures (from a list of 58 options) for non-residential construction. An example of a Tier 1-level standard is to the requirement to include permeable paving material for storm water control for 20% of the hardscape in the project, or requirement to reduce water usage to 30% below baseline. >- Cal Green Tier 2. Tier 2 requires additional heightened levels of water conservation; more designated fuel efficient parking; higher recycled content in building materials; higher percentages of reuse or recycle of demo materials; zero formaldehyde in composite wood products and insulation; and reduction of overall water usage by 40%. An example of a Tier 2-level standard is the requirement to include permeable paving material for storm water control for 30% of the hardscape in the project, and reduce water usage to 40% below baseline.

3 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 It is likely that the State will add the Tier 1 and Tier 2 requirements as mandatory features in future a code adoption as the industry adjusts to the heightened regulations. The State code changes and January 2013 deadline for adoption prompted the re-convening of BERST. BERST met on October 28, 2013 to discuss. A summary of the meeting comments is provided as follows: 1. The advantage to phasing into the CalGreen rating system is that it establishes consistency and continuity for the construction community. 2. The Cal Green rating system would eliminate the third party rater/inspector. While this may be an advantage to the applicanucontractor, this responsibility is then shifted to the local building inspectors and plan checkers. This shift has staffing and training implications. Also, eliminating the requirement for home performance testing would have an impact on the cottage industry that provides this service and would eliminate valued combustion safety testing. 3. The Cal Green Tier 1 and Tier 2 closely match what is in the Green Point and LEED rating systems. However, the standards presented in these tiers have additional cost implications for the construction community. 4. The general consensus among the BERST members is that the base Cal Green standards would be somewhat less stringent from current local ordinances and practices. One approach that was discussed would be to require the higher Cal Green Tier 1 for new construction only, and apply the base Cal Green standards for commercial and residential remodels/additions.at applicable thresholds set in Cal Green. The County of Marin has decided to hold off on any changes to its green building code for six months, which is to give time to complete a cosubenefit study of options. In the interim, the County will retain its current ordinance but will not enforce the heightened reduction in energy budget. The County agreed to re-convene the BERST group for input when it formulates its proposal. As of the preparation date of this report, we have received the following responses from staff of the other Marin jurisdictions on this matter: );> The City of Novato, City of Larkspur, Town of Tiburon and Town of Fairfax staff will be recommending adoption of Cal Green Tier 1 for new construction only. The base Cal Green standards will be recommended for remodels and additions. );> The Town of Corte Madera, Town of Ross, Town of San Anselmo, City of Sausalito and City of Mill Valley staff will be recommending adoption of the base Cal Green standards only. Proposed Local Code Amendments The proposed Ordinance adopts the latest version of California Title 24 construction codes; specifically, the 2013 California Building Code, 2013 California Residential Code, the 2013 California Electrical Code, the 2013 California Plumbing Code, the 2013 California Mechanical Code, the 2012 International Property Maintenance Code, and the 2013 California Green Building Standards Code with local amendments. State law mandates that these codes become effective statewide on January 1,2014, with or without the incorporation of local jurisdiction amendments. Regarding the 2013 California Green Building Code, the Ordinance has been drafted to recommend adoption of the Cal Green standards with the higher Tier 1 standards recommended for new construction only. As drafted, the Ordinance would eliminate and replace the provisions of the existing BERST model ordinance that relies on the Green Point and LEED rating systems. The public hearing on the proposed Ordinance will be held at the second regularly-scheduled meeting of the City Council, since the Ordinance is adopting various adopted state codes by reference, with appropriate local amendments, per Government Code Sections through

4 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 ANALYSIS: Most of the proposed local amendments are carried over from previous years. A new amendment was added to to the California Building Code clarify the requirements for swimming pool enclosures. Regarding the revising of our green building standards, the ordinance is drafted to recommend that we delete our current, local "BERST" green building ordinance sections and adopt the California Green Building Standards. This direction is proposed and justified for the several reasons. The Cal Green standards are mandated by the State, and have evolved over the last two editions to a level that is very comparable to our current local Green Building ordinance. It will also keep San Rafael's regulations consistent with most other jurisdictions in the State, and make it easier for our design and construction industries to comply with those regulations. An added advantage is that support and training is widely available to assist us in administering the regulations. It also integrates nicely with the other state codes and the California Energy Commission's regulations. The City has the discretion to adopt the basic Cal Green code or the higher Tier 1 or Tier 2 levels, which are voluntary. As a leader in sustainability, staff recommends that the higher Tier 1 be adopted for San Rafael with conditions. The Tier 1 level should apply to new construction only at this time (with the exception of the additional energy measures, which cannot be adopted without prior California Energy Commission approval). Staff believes that some of the aspects of the Tier 1 provisions may be difficult to achieve for the smaller scope of construction associated with remodels/additions, and that even the base Cal Green provisions related to remodels/additions are new and untested. Time is needed to test and monitor this system. Further, this provides an opportunity to participate in the process that Marin County will lead to evaluate other options, including possible additional energy efficiency measures determined to meet the California Energy Commission's cost effectiveness criteria. The Tier 2 option presents the highest level green measure application but is not recommended. First, we know of no local jurisdiction that is pursuing adoption of Tier 2. Second, the Tier 2 provisions are very aggressive making practical application challenging, difficult and costly. Based on the feedback and direction of the Council, the ordinance presented in Exhibit 2 will be presented as drafted, or amended for the December 2, 2013 public hearing. FISCAL IMPACT: There is some potential financial impact for increased costs to the City for outside plan review of the new Green Building requirements, and for training of staff to provide field verification of compliance at permit completion. These services were previously provided by third party verifiers hired by the. applicant/contractor. If Tier 1 or Tier 2 measures for Cal Green are implemented as mandatory, there will be additional financial impact to the construction industry over and above base code implications, as well as additional levels of verification required by City staff. It is difficult to quantify how much the above mentioned costs will be. ENVIRONMENTAL REVIEW: It has been determined that this ordinance amendments are covered by the 'general rule' that the California Environmental Quality Act (CEQA) applies only to projects which have the potential to cause a significant, physical environmental environment. Pursuant to CEQA Section (b)(3), the ordinance amendments are not subject to environmental review.. OPTIONS: The City Council has the following options to consider on this matter: 1. Introduce the Ordinance and set the public hearing for adoption as proposed 2. Introduce the Ordinance with amendments as directed by the Council at the meeting and set the public hearing for adoption 3. Postpone introduction of the Ordinance to allow amendments to be incorporated into the Ordinance. Should the City Council decide to postponr adoption of the Ordinance, the aforementioned State codes will become effective on January 1,2014, without the benefit of the recommended local amendments.

5 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 ACTION REQUIRED: It is recommended that the City Council introduce the Ordinance and set the public hearing of December 2, 2013 to adopt the 2013 California Building Code, 2013 California Residential Code, the 2013 California Electrical Code, the 2013 California Plumbing Code, the 2013 California Mechanical Code, the 2013 California Green Building Standards Code and the 2012 International Property Maintenance Code, with local amendments. EXHIBITS: Exhibit 1: Ordinance Staff report FINAL for (2)

6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTERS 12.12, 12.13,12.14,12.16,12.20,12.21 and THERETO; REPEALING CHAPTERS 12.30, AND 12.46; ADOPTING THE CALIFORNIA BUILDING CODE, 2013 EDITION, WITH AMENDMENTS; THE CALIFORNIA RESIDENTIAL CODE, 2013 EDITION, WITH AMENDMENTS; THE CALIFORNIAL MECHANICAL CODE, 2013 EDITION, WITH AMENDMENTS, THE CALIFORNIA PLUMBING CODE, 2013 EDITION, WITH AMENDMENTS, THE CALIFORNIA ELECTRICAL CODE, 2013 EDITION, WITH AMENDMENTS; THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2012 EDITION, WITH AMENDMENTS; THE CALIFORNIA GREEN BUILDING STANDARDS CODE 2013 EDITION WITH AMENDMENTS; ADOPTING ENFORCEMENT AND PENALTIES PROVISIONS FOR THE FOREGOING CODES; AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO THE 2013 CALIFORNIA BUILDING CODE AND THE 2013 CALIFORNIA RESIDENTIAL CODE. THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. Chapter of the Municipal Code of the City of San Rafael is hereby amended to read as follows: Sections: Chapter CALIFORNIA BUILDING CODE Adoption of "2013 California Building Code", (based on the International Building Code, 2012 Edition, with California amendments), with local amendments Amendments to the California Building Code Enforcement and Penalties Adoption of "2013 California Building Code", (based on the International Building Code, 2012 Edition, with California amendments), with amendments. The city council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, and the welfare of the general public, that certain code known as the 2013 California Building Code, (based on the International Building Code, 2012 Edition), in its entirety, consisting of Volumes 1 and Volume 2, in its entirety, except that s only the following appendices are adopted: Appendices C, H, and I, as published by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 2, hereinafter referred to as the "California Building Code", save and except such portions as are hereinafter changed or modified by Section of 1

7 this chapter. Not less than one copy of said code shall be maintained by the office of the city clerk Amendments made to the California Building Code. The California Building Code is amended or modified as follows: Section 1.8.5, "Right of Entry for Enforcement" is amended to read as follows: General. Subject to the provisions of law, including Code of Civil Procedure Section et. seq., officers and agents of the building official may enter and inspect public and private properties to secure compliance with the provisions of this code and the rules and regulations promulgated by the department of housing and community development. For limitations and additional information regarding enforcement, see the following: (The remainder of this section is unchanged) Section is amended by adding a sentence to the end that reads as follows: Nothing contained in this section shall prevent the mayor or city council from appointing the mayor and city council as the local appeals board or housing appeals board. Section 103 is deleted Section is amended to add the following language: No person shall remove or deface any notice or order posted by the building official, except as authorized by the building official. Section is amended to add the following phrase to the end of the last sentence: ", including the warrant provisions of Section et. seq. of the Code of Civil Procedure of the State of California." Section is amended as follows: Building: (1) is revised to read as follows: 1. One story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, providing the floor area does not exceed 120 square feet and the structure contains no plumbing, electrical or heating appliances Building: (6) is revised to read as follows: 6. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story, are not part of an accessible route and are not part of the means of egress from a normally occupied building Building: (7) is revised to read as follows: 7. Painting, papering, tiling, carpeting, counter tops and similar finish work, except that striping or restriping of parking lots shall require a permit. Section is amended by adding the following concluding sentences: 2

8 All building permits are limited to a maximum term of 2 years. When requested in writing of the chief building official, a maximum of one 90 day extension may be granted in excess of two years for good cause. The owner shall be subject to a civil penalty, in an amount equal to 400 dollars per day, for construction activities which occur beyond the term limit up to a maximum penalty of 10% of the project valuation, or $100,000, whichever is less. Section 109 is amended to read as follows: Unchanged Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be required as set forth in the Master Fee Schedule Resolution as adopted by the San Rafael City Council from time to time Unchanged 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 may be subject to a fee equal to three times the amount of normal permit fee for that work, and shall be in addition to the normal permit fee as specified in the Master Fee Schedule Resolution. Section is added to read as follows: After-hours inspection fees. An after-hours inspection is an inspection conducted outside of normal work hours; 8:30 AM - 5:00 PM, Monday - Friday. Where an after-hours inspection is performed before or following normal work hours that inspection may be charged by the hour. Where an inspector is called back to duty to perform an after hours inspection, that inspection may be charged at four (4) hours minimum, then by the hour for any additional hours required over four (4). The afterhours inspection fee shall be charged at a rate of one and one-half (1 %) times the fully burdened hourly rate as established in the Master Fee Schedule Resolution. Section is amended by adding thereto the following concluding sentence: Nothing contained in this section shall prevent the mayor or city council from appointing the mayor and city council as the board of appeals. Section 202 is amended to add the following definitions: GRADE PLANE. A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than 5 feet from the building, between the building and a point 5 feet from the building. RESIDENTIAL KITCHEN. An area in which the preparation of food for eating occurs (that has provisions for cooking or heating of food, or washing and storing of dishware and utensils, or refrigeration or storing of food). SUBSTANTIAL REMODEL. Substantial remodel shall mean the alteration of any structure which combined with any additions to the structure, performed within any three (3) year period, affects a floor area which exceeds fifty percent (50%) of the existing floor 3

9 area of the structure. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings or exterior wall finishes. Section is amended to read as follows: Address numbers. All structures abutting on any public or private street, avenue, drive, road, place or lane within the city shall be given and marked with an official address number. The Chief Building Official shall decide the proper number to be assigned to any structure. All requests for new addresses or change of address shall be reviewed and approved by the Chief Building Official. Address numbers shall be installed as described in City of San Rafael Standard "Premises Identification". Section is amended to read as follows: Where Required; All Occupancies and Facilities. An automatic fire sprinkler system shall be installed in all of the following: 1. Every newly constructed, building or facility. Exception: Freestanding Group U occupancies not more than one thousand (1,000) square feet and provided with exterior wall and opening protection as per Table 602 of the Building Code. 2. Newly created, attached, second dwelling units which meet the definition of a substantial remodel. 3. All other existing buildings, fire sprinkler systems may be required by the Fire Chief in accordance with the following: I. All buildings where improvements occur during any three (3) year period which meet the definition of a substantial remodel. II. All buildings in excess of three thousand (3,000) square feet which have more than ten percent (10%) floor area added within any three (3) year period. III. A change in the use of a building that results in a higher fire or life safety hazard when the square footage of the area changing use is more than 50% of the square footage of the existing building. IV. Where fire sprinklers are required by provisions of this code, they shall be extended throughout the building. 4. All public storage facilities. 5. All tunnels used for the transportation of people or any type of vehicle. The requirements for fire sprinkler systems in this code section are not meant to disallow the provisions for area increase, height increase, or fire-resistive-rated substitution if 4

10 otherwise allowed by the Building Code or Residential Code. Sections through [Unchanged] Section is hereby modified by deleting the exception. Section [Unchanged]. Section is amended by adding the following concluding sentence: Guards are also required at waterfront bulkheads, fixed piers and gangways. Section is added as follows: Hotel window fall prevention. Operable windows in hotels located within this jurisdiction shall be in accordance with this section New hotels. All new hotels, on all floors, shall have window stops installed to prevent the windows from being opened more than four inches (4") when the window sill height is less than forty-two inches (42") above the floor Existing hotels. All existing hotels shall have window openings that comply with the following: Floors one through three. All existing hotels, on floors one through and including three, shall have no operable window openings such that the bottom edge of the opening, on the interior of the room, is less than forty-two inches (42") above the floor level. Exception 1: If the level of the ground or walkway on the exterior of the room is no more than thirty inches (30") below the window sill. Exception 2: If automatic fire sprinklers are installed throughout the building, window stops may be installed to limit the opening to no more than four inches (4") Floors above the third floor. All existing hotels, on floors above the third floor, shall have window stops installed to prevent the windows from being opened more than four inches (4") if window sill heights are less than forty-two inches (42") above the floor Clear area adjacent to window opening. There shall be no furniture, fixed or moveable, placed within thirty-six inches (36") of any openable portion of a window. Hotels shall also provide notice to prospective guests of this requirement. Section is amended as follows: Section is amended to delete the last sentence and Table , but the Exception remains. Sections and [Unchanged] Section is amended to read as follows: 5

11 Roof coverings within all other areas. The entire roof covering of every existing structure, where more than 50% of the total roof area is replaced within any oneyear 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 fireretardant roof covering that is at least class A. Exception: Any roof covering material that is approved by the California State Fire Marshal and listed on their approved list of building materials for use in the WUI areas. Section is amended to read as follows: Roofing requirements in a Wildland-Urban Interface Fire Area. Roofing requirement for structures located in a Wildland-urban Interface (WUI) Fire Area shall be a minimum class A roof covering and shall also comply with Section 705A. Exception: Any roof covering material that is approved by the California State Fire Marshal and listed on their approved list of building materials for use in the WUI areas. Table is deleted. Section 1807 shall be amended by adding the following subsection: Wooden retaining walls. Wooden retaining walls may not be used to support any building or vehicular way. In addition, wooden retaining walls shall not be employed to retain soils above or below a building where failure of the wall may subject the building to damage. Section is amended to add the following definition: PRIVATE SWIMMING POOL means a swimming pool or pool located at and intended primarily for the use of the occupants of a single or two-family dwelling unit. Section is amended to read as follows: Enclosure required for private swimming pools. Every person who owns or is in possession of any land on which there is situated a private swimming pool shall secure the pool from unauthorized entry by an enclosure that meets the requirements of CSC The enclosure shall be specifically designed to prevent unauthorized entry from adjacent private and/or public property. The enclosure shall be in addition to the "safety features" required by CSC An enclosure shall have all of the following characteristics: Subsections 1-5 are unchanged Existing swimming pools. Any person who owns or is in possession of an existing private swimming pool that does not conform to the requirements of this section shall make the pool conform to the requirements of this section within ninety (90) days from its effective date. Exceptions: 6

12 The chief building official is hereby authorized to exempt any private swimming pool from the provisions of : (1) If it is located in an area sufficiently remote from other residences as to not constitute a hazard to small children; or (2) If it is secured from unauthorized entry by a natural or artificial barrier that provides the same or a greater degree of protection than would an enclosure. An application for exception shall be filed in writing with the chief building official. The application shall contain a brief statement evidencing that the applicant is entitled to the exception and such other information as the chief building official may prescribe. Section is added to read as follows: Hydrostatic pressure test. Circulation system piping, other than that integrally included in the manufacturer of the pool equipment, shall be subject to a hydrostatic pressure test of 25 pounds per square inch (psi) (172.4 Kpa). This pressure shall be held for not less than 15 minutes. Tests on piping systems constructed of plastic piping shall not use compressed air for the test Enforcement and penalties. A. In addition to the enforcement powers and/or remedies provided in this chapter, the building official shall have the power to enforce the provisions of this chapter as provided in Chapters 1.40, 1.42, 1.44, and B. The violations of the California Building Code as adopted in this chapter are misdemeanors/infractions and are subject to the penalties set forth in Section of the San Rafael Municipal Code. DIVISION 2. Chapter ofthe Municipal Code of the City of San Rafael is hereby read as follows: added to Chapter CALIFORNIA RESIDENTIAL CODE Sections: Adoption of "2013 California Residential Code", (based on the International Residential Code, 2012 Edition, with California amendments), with local amendments Amendments to the California Residential Code Enforcement and Penalties 7

13 Adoption of "2013 California Residential Code", (based on the International Residential Code, 2012 Edition, with California amendments), with amendments. The city council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, and the welfare of the general public, that certain code known as the 2013 California Residential Code, (based on the International Residential Code, 2012 Edition), in its entirety, except that only the following appendix is adopted: Appendix H, as published by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 2.5, hereinafter referred to as the "California Residential Code", save and except such portions as are hereinafter changed or modified by Section of this chapter. Not less than one copy of said code shall be maintained by the office of the city clerk Amendments made to the California Residential Code. The California Residential Code is amended or modified as follows: Section 1.8.S.1, is amended to read as follows: 1.8.S.1 General. Subject to the provisions of law, including Code of Civil Procedure Section et. seq., officers and agents of the building official may enter and inspect public and private properties to secure compliance with the provisions of this code and the rules and regulations promulgated by the department of housing and community development. For limitations and additional information regarding enforcement, see the following: (The remainder of this section is unchanged) Section is amended by adding a sentence to the end that reads as follows: Nothing contained in this section shall prevent the mayor or city council from appointing the mayor and city council as the local appeals board or housing appeals board. Section R104.6 is amended to add the following phrase to the end of the last sentence: ", including the warrant provisions of Section et. seq. of the Code of Civil Procedure of the State of California." Section R10S.2 is amended as follows: R10S.2 Building: (1) is revised to read as follows: 1. One story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, providing the floor area does not exceed 120 square feet and the structure contains no plumbing, electrical or heating appliances. R10S.2 Building: (6) is revised to read as follows: 6. Painting, papering, tiling, carpeting, counter tops and similar finish work. R10S.2 Building: (10) is revised to read as follows: 8

14 10. Decks not exceeding 200 square feet in area that are not more than 30 inches above grade at any point, are not attached to a dwelling and are not part of any path of egress from the dwelling. Section R105.5 is amended by adding the following concluding sentences: All building permits are limited to a maximum term of 2 years. When requested in writing of the chief building official, a maximum of one 90 day extension may be granted in excess of two years for good cause. The owner shall be subject to a civil penalty, in an amount equal to 100 dollars per day, for construction activities which occur beyond the term limit up to a maximum penalty of 10% of the project valuation or $20,000, whichever is less. Sections R10B.2, R10B.6 are amended to read as follows: R10B.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be required as set forth in the Master Fee Schedule Resolution as adopted by the San Rafael City Council from time to time. R10B.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 may be subject to a fee equal to three times the amount of normal permit fee for that work, and shall be in addition to the normal permit fee as specified in the Master Fee Schedule Resolution. Section R is added to read as follows: R10B.7 After-hours inspection fees. An after-hours inspection is an inspection conducted outside of normal work hours; 8:30 AM - 5:00 PM, Monday - Friday. Where an after-hours inspection is performed before or following normal work hours that inspection may be charged by the hour. Where an inspector is called back to duty to perform an after hours inspection, that inspection may be charged at four (4) hours minimum, then by the hour for any additional hours required over four (4). The after hours inspection fee shall be charged at a rate of one and one-half (1 Yz) times the fully burdened hourly rate as established in the Master Fee Schedule Resolution. Section R112.3 is amended by adding thereto the following concluding sentence: Nothing contained in this section shall prevent the mayor or city council from appointing the mayor and city council as the board of appeals. Section R202 is amended as follows: The definition of "Grade Plane" is amended to read as follows: GRADE PLANE. A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than 5 feet from the building, between the building and a point 5 feet from the building. 9

15 The definition of "Kitchen" is amended to read as follows: KITCHEN. An area in which the preparation of food for eating occurs (that has provisions for cooking or heating of food, or washing and storing of dishware and utensils, or refrigeration or storing of food). The definition of "Substantial Remodel" is added to read as follows: SUBSTANTIAL REMODEL. Substantial remodel shall mean the alteration of any structure which combined with any additions to the structure, performed within any three (3) year period, affects a floor area which exceeds fifty percent (50%) of the existing floor area of the structure. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings or exterior wall finishes. Section R313.1 is revised to read as follows: R313.1 TOWNHOUSE AUTOMATIC FIRE SPRINKLER SYSTEMS. An automatic residential fire sprinkler system shall be installed in all newly constructed townhouses and in existing townhouses where alterations and/or additions to the existing structure, performed over any 3-year period, qualify as a "Substantial Remodel" as defined in this code. Any addition to a building with an existing fire sprinkler system shall have that system extended to the new portion(s) of the building irrespective of the size of the addition. R [Unchanged] Section R313.2 is revised to read as follows: R313.2 One- and two-family dwellings automatic fire systems. An Automatic residential fire sprinkler system shall be installed in all newly constructed one- and twofamily dwellings and in existing one- and two- family dwellings where alterations and/or additions to the existing structure, performed over any 3-year period, qualify as a "Substantial Remodel" as defined in this code. Any addition to a building with an existing fire sprinkler system shall have that system extended to the new portion(s) of the building irrespective of the size of the addition. R [Unchanged] Section R is amended as follows: Delete Exception #4. Section R319.1 is amended to read as follows: R319.1 Address numbers. All structures abutting on any public or private street, avenue, drive, road, place or lane within the city shall be given and marked with an official address number. The Chief Building Official shall decide the proper number to be assigned to any structure. All requests for new addresses or change of address shall be reviewed and 10

16 approved by the Chief Building Official. Address numbers shall be installed as described in City of San Rafael Standard "Premises Identification". Section R is amended to read as follows: R Roof coverings within all other areas. The entire roof covering of every existing structure, where more than 50% of the total roof area is replaced within any oneyear 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 fireretardant roof covering that is at least class A. Exception: Any roof covering material that is approved by the Californial State Fire Marshal and listed on their approved list of building materials for use in the WUI areas. Section R is amended to read as follows: R Roofing requirements in a Wildland-Urban Interface Fire Area. Roofing requirements for structures located in a Wildland-urban Interface (WUI) Fire Area shall be a minimum class A roof covering and shall also comply with California Building Code Section 705A. Exception: Any roof covering material that is approved by the Californial State Fire Marshal and listed on their approved list of building materials for use in the WUI areas Enforcement and penalties. A. In addition to the enforcement powers and/or remedies provided in this chapter, the building official shall have the power to enforce the provisions of this chapter as provided in Chapters 1.40, 1.42, 1.44, and B. The violations of the California Residential Code as adopted in this chapter are misdemeanors/infractions and are subject to the penalties set forth in Section of the San Rafael Municipal Code. 11

17 DIVISION 3. Chapter of the Municipal Code ofthe City of San Rafael is hereby amended to read as follows: Chapter CALIFORNIA MECHANICAL CODE Sections: Adoption of "2013 California Mechanical Code", with amendments Amendments to the California Mechanical Code Enforcement and Penalties Adoption of "2013 California Mechanical Code" with amendments. The city council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, and the welfare of the general public, that certain code known as the 2013 California Mechanical Code, in its entirety, as published by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 4, hereinafter referred to as the "California Mechanical Code", save and except such portions as are hereinafter modified or amended by Section of this Chapter. Not less than one copy of said code shall be maintained by the office of the city clerk Amendments made to the California Mechanical Code. The 2013 California Mechanical Code is amended or modified as follows: Section 1.8.5, "Right of Entry for Enforcement" is amended to read as follows: General. Subject to the provisions of law, including Code of Civil Procedure Section et. seq., officers and agents of the building official may enter and inspect public and private properties to secure compliance with the provisions of this code and the rules and regulations promulgated by the department of housing and community development. For limitations and additional information regarding enforcement, see the following: (The remainder of this section is unchanged) Section is amended by adding a sentence to the end that reads as follows: Nothing contained in this section shall prevent the mayor or city council from appointing the mayor and city council as the local appeals board or housing appeals board. Section is amended to add the following concluding sentence:: Nothing contained in this section shall prevent the mayor or city council from appointing the mayor and city council as the local appeals board or housing appeals board. 12

18 Section is amended to read as follows: Application. To obtain a permit, the applicant shall apply to the Authority Having Jurisdiction for that purpose. Every such application shall: (The remainder of this section is unchanged) Section is amended to read as follows: General. Fees shall be assessed in accordance with the provisions of this section and as set forth in the Master Fee Schedule Resolution of the City Council as amended from time to time. Section is amended to read as follows: Fees. Any person who commences any work on a mechanical system before obtaining the necessary permits may be subject to a fee equal to three times the amount of normal permit fee for that work, and shall be in addition to the normal permit fee as specified in the Master Fee Schedule Resolution. Section is amended to read as follows: Permit Fees. Any person desiring a permit required by this code shall, at the time of issuance therefor, pay a fee, which fee shall be as set forth in the Master Fee Schedule Resolution of the City Council as amended from time to time. Section is amended as follows: The first paragraph is amended to add the phrase "as set in the Master Fee Schedule Resolution" to the end of the second sentence. The third paragraph is amended to change the final phrase "in Table 114.1" to "as set in the Master Fee Schedule Resolution". Section is amended to read as follows: Authorization. The Authority Having Jurisdiction may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. Section is amended to replace the third paragraph with the following: To obtain reinspection, the applicant shall first pay the reinspection fee in accordance with the Master Fee Schedule Resolution of the City Council as amended from time to time, and then schedule the inspection for the next normally available time. Table is deleted. Section is amended to read as follows: The definition of "AUTHORITY HAVING JURISDICTION" is amended to read as follows: 13

19 AUTHORITY HAVING JURISDICTION -- The Authority Having Jurisdiction shall mean the chief building official or such official's duly authorized representative Enforcement and penalties. A. In addition to the enforcement powers and/or remedies provided in this chapter, the building official shall have the power to enforce the provisions of this chapter as provided in Chapters 1.40, 1.42, 1.44, and B. The violations of the California Mechanical Code as adopted in this chapter are misdemeanors/infractions and are subject to the penalties set forth in Section of the San Rafael Municipal Code. 14

20 DIVISION 4. Chapter of the Municipal Code of the City of San Rafael is hereby amended to read as follows: Chapter CALIFORNIA PLUMBING CODE Sections: Adoption of "2013 California Plumbing Code" with amendments Amendments to the California Plumbing Code Enforcement and Penalties Adoption of "2013 California Plumbing Code" with amendments. The city council hereby adopts, for the purpose of providing minimum requirements for the protection of health, safety, and the general welfare of the general public, that certain code known as the 2013 California Plumbing Code, in its entirety exceot that only the following appendices are adopted: Appendices A, C, 0 and I, as amended by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 5, hereinafter referred to as the "California Plumbing Code", save and except such portions as are hereinafter modified or amended by Section of this chapter. Not less than one copy of said code shall be maintained by the office of the city clerk Amendments to the California Plumbing Code. The 2013 California Plumbing Code is amended or modified as follows: Section 1.8.5, "Right of Entry for Enforcement" is amended to read as follows: General. Subject to the provisions of law, including Code of Civil Procedure Section et. seq., officers and agents of the building official may enter and inspect public and private properties to secure compliance with the provisions of this code and the rules and regulations promulgated by the department of housing and community development. For limitations and additional information regarding enforcement, see the following: (The remainder of this section is unchanged) Section is amended by adding a sentence to the end that reads as follows: Nothing contained in this section shall prevent the mayor or city council from appointing the mayor and city council as the local appeals board or housing appeals board.. Section is amended to read as follows: 15