2013/11/26 City Council Ordinance 870ORDINANCE NO. 870
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA ADOPTING THE 2013 CALIFORNIA BUILDING STANDARDS CODE
BY REFERENCE, AS AMENDED TO REFLECT LOCAL CONDITIONS, AND
AMENDING CHAPTERS 15.04 (GENERAL PROVISIONS AND PENALTIES), 15.08
(BUILDING CODE), 15.10 (RESIDENTIAL CODE), 15.16 (ELECTRICAL CODE), 15.20
(PLUMBING CODE), 15.22 (ENERGY CODE), 15.24 (MECHANICAL CODE), 15.26
(GREEN BUILDING STANDARDS CODE), AND 15.36 (SWIMMING POOLS, SPAS
AND HOT TUBS CODE) OF TITLE 15 "BUILDINGS AND CONSTRUCTION" OF THE
ROHNERT PARK MUNICIPAL CODE
WHEREAS, the Development Services Department is responsible for local enforcement
of the California Building Standards Code, also known as California Code of Regulations, Title
24;
WHEREAS, the California Building Standards Code is updated by the California
Building Standards Commission approximately every three years based upon published model
codes specified in the California Health and Safety Code;
WHEREAS, local jurisdictions responsible for enforcement of the California Building
Standards Code must enact local administrative regulations in order to implement the California
Building Standards Code;
WHEREAS, on or before July 1, 2013, the California Building Standards Commission
published the 2013 California Building Standards Code;
WHEREAS, on January 1, 2014, the building standards and regulations contained in the
2013 California Building Standards Code become effective and applicable throughout the State
of California;
WHEREAS, it is sometimes necessary to amend the California Building Standards Code
as allowed per the California Health and Safety Code due to climatic, geological, or
topographical local conditions;
WHEREAS, the appendices of any parts of the California Building Standards Code only
apply to a local jurisdiction if specifically adopted by that agency or when specified by state law;
WHEREAS, it is necessary to authorize the Building Official to require that licensed
building contractors perform specified work when public health and safety is at risk; and
WHEREAS, nothing in this ordinance is intended to duplicate, contradict, or enter a field
which has been fully occupied by state law, including the California Building Standards Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK, CALIFORNIA, does hereby ordain as follows:
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SECTION 1. Findings.
The City Council finds that:
A. A public meeting introducing the proposed amendments to the Municipal Code was held
by the City Council on October 22, 2013.
B. In accordance with CEQA Section 15061(b) (3), this is not a project subject to CEQA in
that there is no possibility that the activity in question may have a significant effect on the
environment.
C. This ordinance is enacted pursuant to and in compliance with Health & Safety Code
Sections 17958.5, 17958.7, and as expressly permitted in Government Code Section
50022.2 to make local amendments to the California Building Standards Code.
D. As required Health and Safety Code 17958.7 (a), the amendments to the California
Building Standards Code adopted by this ordinance and as described in Chapters 15.08
and 15.20 are necessary for the protection of the public health, safety and welfare due to
the local climatic, geologic or topographical conditions as described in findings 1 through
5 below.
1. Due to the many street cul -de -sacs within the City and the distance between
emergency response facilities, clearly visible street numbers on buildings, at all
hours, are of necessity. This finding pertains to Section 15.08.020 of the Rohnert
Park Municipal Code.
2. The soil conditions within the City are highly expansive, thereby creating the
potential for damage to building foundations as well as concrete slabs. Means are
required to keep rainwater away from foundations and slabs. This finding pertains to
Sections 15.08.030, 15.08.040, and 15.08.080 of the Rohnert Park Municipal Code.
3. The City experiences an unusually high water table, subjecting concrete slabs to
excessive hydraulic pressure also resulting in the potential flooding within
foundation crawl spaces. This finding pertains to Sections 15.08.030 and 15.08.040
of the Rohnert Park Municipal Code.
4. The soils within the City are considered acidic, creating a deleterious effect on
metal piping placed underground. This finding pertains to Section 15.20.030 of the
Rohnert Park Municipal Code.
5. Water conservation is important in the region due to local geography and climate.
Having alternatives for pipe sizing, use of gray water, and use of reclaimed water
will help to conserve our water resources. This finding pertains to Sections
15.20.040 and 15.20.050.
SECTION 2. Section 15.04.020, " Administrative Provisions," is repealed and replaced with the
following:
"15.04.020 Adopted — Administrative Provisions.
2013 California Building Code, Chapter 1, Division II — "Scope and Administration,"
adopted in its entirety:
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The provisions of the 2013 California Building Code, Chapter 1, Division II — Scope and
Administration are adopted, as amended and set forth below, and shall apply to all locally
enforced parts of California Code of Regulations, Title 24.
P. Section 116 is added, as follows:
LICENSED CONTRACTORS
116.1 Licensed contractor required. When a permit is taken out by an owner -
builder or someone without a valid California contractor's license, the building
official is authorized to require the work, or portion of work, authorized by a valid
permit to be performed by a licensed California contractor if the building official
determines the public safety and welfare is at risk."
SECTION 3. Section 15.08.010, 2010 California Building Standards Code, Title 24, Part 2," of
Chapter 15.08, "Building Code," of the Rohnert Park Municipal Code is repealed and replaced
with the following,
"15.08.010 Adopted — 2013 California Building Standards Code, Title 24, Part 2.
The 2013 Edition of the California Building Standards Code, known as the California
Code of Regulations, Title 24, Part 2, incorporating the International Building Code,
2012 Edition, published by the International Code Council, one copy of which has been
filed for use and examination by the public in the office of the building official, is
adopted by reference, subject to the following additions and amendments to certain
sections thereof which shall read and provide as set forth in this chapter."
SECTION 4. Section 15.08.020, "Section 501.2 Amended — Address Numbers," of Chapter
15.08, `Building Code," of the Rohnert Park Municipal Code is amended to read as follows:
"15.08.020 Section 501.2 amended — Address Numbers.
Address numbers shall meet the requirements specified in section 15.28.505.1 of this
Title."
SECTION 5. Section 15.08.030, "Section 1503.4 amended — Roof drainage" of Chapter 15.08,
"Building Code," of the Rohnert Park Municipal Code is amended to read as follows:
"15.08.030 Section 1506.3 amended — Roof drainage.
All buildings of Group R Occupancy shall include a concrete landing at the exterior of
garage side doors. The landing area shall be a minimum of nine sq. ft. (3'x3'). Group R
and U structures shall include rain gutters, downspouts, rain leaders and splash blocks."
SECTION 6. Section 15.08.040, "Section 1805.8.2.1 added — Slab on grade foundations" is
amended to read as follows:
"15.08.040 Section 1808.6.2.1 added — Slab -on -grade foundations.
A. Unless conforming to Section 1808 in its entirety and other than pre- or post- tensioned
slabs and engineered pier and grade beam foundations systems, buildings utilizing slab
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on grade construction shall be constructed on a building pad consisting of a minimum of
thirty inches of engineered non - expansive fill material meeting the requirements of Table
1 below. The building pad area to receive the engineered non - expansive fill shall include
an area at least five feet beyond the outside edge of the building foundation. The building
pad area shall be over excavated to the proper depth and the grade scarified to a minimum
depth of eight inches and shall be moisture conditioned and re- compacted to a minimum
of ninety percent over optimum. The engineered non - expansive fill shall be placed in lifts
not exceeding eight inches, brought to near optimum moisture content and compacted to
a minimum of ninety percent of maximum dry density at or within two percent of the
optimum moisture content. The depth of the engineered non - expansive fill shall be
increased as necessary to maintain a minimum of twelve inches of the engineered non -
expansive fill material under all footings, unless determined otherwise by the soils
report/geotechnical engineer and approved by the building official. Lime treatment is an
acceptable alternative to engineered non - expansive fill, providing that it is described
within the project geotechnical report as an allowable alternative.
Table 1
Non - expansive Fill Requirements
Plasticity Index aess than 13
Liquid Limit
Percent Soil Passing
#200 Sieve
Maximum Aggregate
Size
Maximum Dry Density
:less than 50
'between 5% & 45%
3 inches
as determined by ASTM-
D1557 test procedures
B. Except for residential additions of 500 sq. ft. or less and Group U buildings of 500 sq.
ft. or less, all foundation designs shall reference a current site specific soils investigation
report. The allowable area requirements of this subsection may be increased to 1,000 sq.
ft. for R -3 construction when a request is submitted in writing to the building official and
the building official approves such request."
SECTION 9. Chapter 15.10 — 2010 California Building Standards Code, Title 24, Part 2.5,
California Residential Code is repealed and replaced with the following:
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Sections:
15.10.010
Adopted- 2013 California Building Standards Code, Title 24, Part 2.5,
California Residential Code And Appendix G.
CRC R313.1 Exception has been amended to read as follows:
Exception: An automatic residential fire sprinkler system shall not be required when
additions or alterations are made to existing townhouses that do not have an automatic
residential fire sprinkler system installed unless as required by CRC section 313.2.2 or
CRC section R313.2.3.
CRC R313.2 has been amended to read as follows:
An automatic sprinkler system shall be installed and maintained in all newly constructed
one and two family dwellings.
Exceptions:
• Detached Group U occupancies 1000 sq. ft. or less.
• Detached pool houses up to 1000 sq. ft. in floor area within 50 feet of the pool and
limited to a single bathroom.
• Detached Car Ports of non - combustible construction with no habitable space above.
CRC section R313.2.1.1 is added to read as follows:
Group S occupancy located on private residential zoned parcels shall be designed to
NFPA 13D as approved by the Fire Code Official.
CRC section R313.2.2 is added to read as follows:
Additions - Residential. Additions to existing residential buildings that increase the square
footage by 50% or greater shall meet the requirements for a newly constructed building.
All additions to residential buildings with an existing approved automatic sprinkler
system shall be required to extend the sprinkler system into the addition per section
R313.2
Additions to existing Group R, Division 1 occupancies that result in additional guest
rooms or dwelling units shall meet the requirements for a newly constructed building.
The 2013 Edition of the California Building Standards Code, known as the California
Code of Regulations, Title 24, Part 2.5, incorporating the International Residential Code,
2012 edition, published by the International Code Council, one copy of which has been
filed for use and examination by the public in the office of the building official, is
adopted by reference, subject to the following additions and amendments to certain
sections thereof which shall read and provide as set forth in this chapter
15.10.R908 Section R908 added — Roof mounted photovoltaic panels /modules.
Roof Mounted photovoltaic panels /modules shall comply with the requirements of the
2013 California Electrical Code and the 2013 California Fire Code as amended."
Appendix G covers Swimming Pools, Spas and Hot Tubs.
SECTION 10. Section 15.16.010, 2010 California Building Standards Code, Title 24, Part 3," of
Chapter 15.16, "Electrical Code," is repealed and replaced with the following:
"15.16.010 Adopted -2013 California Building Standards Code, Title 24, Part 3.
The 2013 Edition of the California Building Standards Code, known as the California
Code of Regulations, Title 24, Part 3, incorporating the "National Electrical Code," 2011
Edition, published by the National Fire Protection Association, one copy of which has
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been filed for use and examination by the public in the office of the building official, is
adopted by reference."
SECTION 11. Section 15.16.020, "Adopted — Annex G (also known as Article 80)
administration and enforcement," of Chapter 15.16, "Electrical Code," is amended to read as
follows:
"15.16.020 Adopted — Annex H — Administration and Enforcement.
Annex H "Administration and Enforcement," excepting articles 80.15 and 80.27,
of the Appendix to the 2013 California Electrical Code is adopted. When there is a
conflict with the provisions of this section and section 15.04.020, the provisions of
section 15.04.020 shall govern."
SECTION 12. Chapter 15.20,— 2010 California Building Standards Code, Title 24, Part 5 "2010
California Plumbing Code" is repealed and replaced with the following,
Sections
15.20.010 Adopted — 2013 California Building Standards Code, Title 24, Part 5.
15.20.020 Sections 301.1.1 and 604.1 amended — Materials.
15.20.030 Appendix chapters added.
15.20.010 Adopted — California Building Standards Code, Title 24, Part 5.
The 2013 Edition of the California Building Standards Code, known as the California
Code of Regulations, Title 24, Part 5, incorporating the "Uniform Plumbing Code," 2012
Edition, published by the International Association of Plumbing and Mechanical
Officials, one copy of which has been filed for use and examination by the public in the
office of the building official, is adopted by reference.
15.20.020 Sections 301.1.1 and 604.1 amended — Materials.
A sentence is added to Sections 301.1.1 and 604.1 and shall read as follows: "All
underground service supply lines shall be of non - metallic material consisting of
either polyethylene, minimum class 160, Poly Vinyl Chloride (PVC), minimum
schedule 40, PEX or PEX -AL -PEX. Metallic materials may be used when suitable
protection, approved by the building official, is provided.
15.20.030 Appendix chapters added.
Appendix Chapter A, Sizing Water Supply, Appendix Chapter B, Explanatory
Notes on Combination Waste & Vent Systems, Appendix Chapter D, Sizing
Storm -Water Systems and Appendix Chapter I, Installation Standards, of the
Appendix to the 2010 California Plumbing Code shall be considered as part of the
incorporation of the code as referenced in Section 15.20.010."
SECTION 13. Section 15.22.010, California Building Standards Code, Title 24, Part 6 "2010
California Energy Code," is repealed and replaced with the following:
15.22.010 Adopted — 2013 California Building Standards Code, Title 24, Part 6
(California Energy Code).
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The 2013 Edition of the California Building Standards Code, known as the California
Code of Regulations, Title 24, Part 6, published by the California Building Standards
Commission, one copy of which has been filed for use and examination by the public in
the office of the building official, is adopted by reference."
SECTION 14. Section 15.24.010,-- California Building Standards Code, Title 24, Part 4," of
Chapter 15.24, "Mechanical Code," is repealed and replaced with the following:
"15.24.010 Adopted —2013 California Building Standards Code, Title 24, Part 4
"California Mechanical Code ".
The 2013 Edition of the California Building Standards Code, known as the California
Code of Regulations, Title 24, Part 4, incorporating the "Uniform Mechanical Code,"
2012 Edition, published by the International Association of Plumbing and Mechanical
Officials, one copy of which has been filed for use and examination by the public in the
office of the building official, is adopted by reference."
SECTION 15. Chapter 15.26, 2010 California Green Building Standards Code Title 24 Part 11
"GREEN BUILDING CODE," is repealed and replaced with the following:
Section:
15.26.010
Adopted —2013 California Green Building Standards Code, Title 24, Part
11( CalGreen) including Appendix Chapter A4, Residential Voluntary
Measures at Tier I level for New Residential Construction except Division
A4.2 Energy Efficiency and Appendix Chapter A5, Nonresidential
Voluntary Measures at Tier I level for New Non - Residential Construction
except Division A5.2 Energy Efficiency.
15.26.010 — Adopted — California Green Building Standards Code, Title 24, Part 11
(California Green Building Standards Code, or CalGreen).
The 2013 Edition of the California Building Standards Code, known as the California
Code of Regulations, Title 24, Part 11, published by the California Building Standards
Commission, one copy of which has been filed for use and examination by the public in
the office of the building official, is adopted by reference."
SECTION 16, Chapter 15.36, Swimming Pool, Spa and Hot Tub Code, is amended as follows:
Chapter 15.36.010 is repealed. (Now in the body of the CBC, CRC and the CEC.)
SECTION 17. SEVERABILITY
Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance be
declared unconstitutional or invalid for any reason, such declaration shall not affect the validity
of the remaining portions of this ordinance.
SECTION 18. EFFECTIVE DATE
This ordinance shall be in full force and effective on January 1, 2014, no less than 30 days after
its adoption, and shall be published or posted as required by law.
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This ordinance was introduced by the City Council of the City of Rohnert Park on October 22,
2013 and DULY AND REGULARLY ADOPTED this 26`x' Day of November, 2013 by the
following vote:
AYES: FIVE (5) Council Members Ahanotu, Belforte, Mackenzie, Callinan and
Mayor Stafford
NOES: NONE (0)
ABSENT: NONE (0)
ABSTAIN: NONE (0)
ATTEST: NONE (0)
ATTEST:
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CITY OF ROHNERT PARK
Pam Stafford, Mayo