City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: CITY COUNCIL REGIONAL ORGANIZATION APPOINTMENTS MEETING DATE: December 19, 2022
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council review the Council Regional Organization Assignments list and that the Mayor determine and assign the 2022-2023 representatives.
SUMMARY: Annually the City Council reorganizes and selects the Mayor and Mayor Pro Tem as presiding officers of the City Council. This is followed by an annual review of current memberships on various regional organizations, and adjustments are made as appropriate. Attached for your convenience is the list of last year’s City Council appointments.
BACKGROUND: At the October 1, 2012 City Council Meeting, Resolution No. 2012-35 was adopted, which provides for a public official to participate in a decision to appoint him or herself to a compensated position. California Code of Regulation, Title 2 Section 18705.5 requires a Form 806 be adopted by the public agency and posted on its website.
With the adoption of Resolution No. 2012-35, Form 806, was adopted, which identifies all the current paid appointments. The adopted Form 806 is posted on the City’s website and we are therefore in compliance with California Code of Regulation Title 2 Section 18705.5.
Form 806 will need to be updated from time to time to reflect current Council appointments.
Therefore, if any changes are made this evening to Council appointments, staff will update Form 806 and post the updated Form to the City’s website.
ATTACHMENT:
Attachment A: 2021-2022 City Council Appointments Listing
City Council Meeting
Agenda Report
Agenda Item No. 13
SUBJECT: ORDINANCE ADOPTING BY REFERENCE THE 2022 EDITIONS
OF THE CALIFORNIA BUILDING, RESIDENTIAL, ELECTRICAL,
MECHANICAL, PLUMBING, ENERGY, HISTORICAL BUILDING,
EXISTING BUILDING AND GREEN BUILDING STANDARDS
CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, AND THE 2021 EDITION
OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE,
WITH APPENDICES THERETO, INCLUDING AMENDMENTS,
ADDITIONS AND DELETIONS; AND AMENDING TITLE 15 OF THE
CALIMESA MUNICIPAL CODE.
MEETING DATE: December 19, 2022
PREPARED BY: Ron Grider, Chief Building Official – Charles Abbott & Associates RECOMMENDATION: That the City Council:
1. Introduce First Reading of Ordinance No. 389 by title only: AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, ADOPTING BY REFERENCE THE 2022 EDITIONS OF THE
CALIFORNIA BUILDING, RESIDENTIAL, ELECTRICAL, MECHANICAL, PLUMBING,
ENERGY, HISTORICAL BUILDING, EXISTING BUILDING AND GREEN BUILDING STANDARDS CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, AND THE 2021 EDITION OF THE INTERNATIONAL PROPERTY
MAINTENANCE CODE, WITH APPENDICES THERETO, INCLUDING AMENDMENTS, ADDITIONS AND DELETIONS; AND AMENDING TITLE 15 OF THE CALIMESA MUNICIPAL CODE.
2. Set a Public Hearing for January 17, 2023 to conduct second reading of Ordinance No. 389.
SUMMARY: The California Building Standards Commission (the “Commission”) adopted and published the 2022 California Building Standards Code (“State Building Codes”). The State Building Codes include the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing Building and Green Building Standards Codes. .
The proposed ordinance would adopt, with modifications, most codes comprising the 2022 Edition of the State Building Codes. Additionally, the proposed ordinance would adopt by reference the 2021 Edition of the International Property Maintenance Code as the City’s Property Maintenance Code.
BACKGROUND/DISCUSSION: The Commission updates and publishes the State Building Codes every three years as required by state law. The State Building Codes have been published by the
Commission and are incorporated into Title 24 of the California Code of Regulations as Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10 and 11 respectively.
Health and Safety Code section 17958 and 18938 states that the State Building Codes become effective 180 days following publication of new State Building Codes, unless modified by local jurisdictions. If a jurisdiction fails to modify the State Building Standards by, for example, adopting its own more restrictive building standards, the building standards in the State Building Codes automatically become effective within that jurisdiction.
Health and Safety Code section 17958.5 and 18941.5 permit modifications where “reasonably necessary because of local climatic, geological, or topographical conditions,” and section 17958.7(a) requires an express finding that such conditions exist. The proposed ordinance would adopt the 2022 Edition of the State Building Codes with certain modifications to the California Building, and Residential, Codes based on findings of necessity due to local climatic, geological, or topographical conditions.
Pursuant to Government Code Section 50022.2, any local agency is authorized to adopt an ordinance that adopts any code by reference, in whole or in part. Accordingly, Staff is recommending the adoption of the 2021 Edition of the International Property Maintenance Code as the City’s Property Maintenance Code.
To accomplish the adoption by reference of the State Building Codes, a first reading of the proposed ordinance must occur. A public hearing will occur in conjunction with the second reading of the proposed ordinance. Notice of the public hearing must also be published twice prior to the hearing.
If approved, the proposed ordinance would amend Title 15 of the Calimesa Municipal Code by repealing and replacing prior editions of the State Building Codes with the 2022 editions of the same.
In addition, it will adopt the 2021 Edition of the International Property Maintenance Code.
This code adoption procedure is in accordance with Government Code Section 50022.2 and Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5.
ENVIRONMENTAL: The adoption of the ordinance is categorically exempt from environmental review as a Class 8 Exemption pursuant to Section 15308 of the California Environmental Quality Act Guidelines (California Code of Regulations, Title 14, Chapter 3). It is further exempt in that there is no possibility that the adoption of this ordinance, and the regulations established thereby, may have a significant effect on the environment, because the ordinance will impose greater limitations on development in the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.
ATTACHMENTS:
Attachment A: Ordinance No. 389
2 ORDINANCE NO. 389
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF CALIMESA, CALIFORNIA, ADOPTlNG BY REFERENCE, AND AMENDING PART 1 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA ADMINISTRATIVE CODE; PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE2022 CALIFORNIA BUILDINGCODE VOLUMES 1 AND2, WITH APPENDICES, F G, H, I, J N AND CHAPTER 1 DIVISION II; PART 2.5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA RESIDENTIAL CODE, WITH APPENDICES; PART3 OF TITLE 24OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA ELECIRICAL CODE; PART 4 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA PLUMBING CODE, WITH APPENDIX H; PART 6 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA ENERGY CODE; PART 8 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA HISTORIC BUILDING CODE; PART 10 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA EXISTING BUILDING CODE; PART 11 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; PART 12 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA REFERENCED STANDARDS CODE; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION; THE 2021 EDITION OF THE INTERNATIONAL PROPER'IY MAINTENANCE CODE AND APPENDIX H; THE 2021 EDITION OF THE UNIFORM CODE FOR SOLAR ENERGY INSTAI.LATIONS, WITH APPENDICES THERETO, INCLUDING AMENDMENTS, ADDITIONS AND DELETIONS; AND AMENDING TITLE 15 OF THE CALIMESA MUNICIPAL CODE .
WHEREAS, the City of Calimesa has adopted the 2022 Editions of Codes comprising the California Building Standards Code, and has adopted the 2021 Edition of the International Property Maintenance Code;
WHEREAS, Health and Safety Code Section 18938(b) provides that the most recent editions of the the California Building Code, Appendix Chapter 1 of the Uniform Code for Building Conservation, the California Plumbing Code, the California Electrical Code, and the California Mechanical Code, as referenced in the California Building Standards Code, shall apply to all occupancies in the state and shall become effective 180 days after by the California Building Standards Commission (hereinafter referred to as the "Commission") or at a later date after publication established by the Commission; WHEREAS, the 2022 California Building Code, Volumes 1 and 2, 2022 California Residential Code, 2021 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Energy Code, 2022 Historical Building Code, 2022 Existing Building Code, and 2022 California Green Building Standards Code, and Appendices (collectively, “Codes”) have been published by the Commission and incorporated into Title 24 of the California Code of Regulations, as Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, and 11 respectively;
Attachment 13A
3 WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 allow certain amendments to the Codes to be made by a local government provided findings of necessity, based on certain local conditions, can be made;
WHEREAS, the City Council of the City of Calimesa is authorized, pursuant to Section 50022.2, et seq., of the California Government Code, to adopt the Codes and other uniform codes as a primary code, by reference, in whole or in part, and the primary code may adopt by reference a secondary code in whole or in part; and WHEREAS, this Ordinance amends Title 15 of the Calimesa Municipal Code by repealing references to the prior editions of the codes and making clear that the 2022 Codes are now in effect in the City of Calimesa.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 15.05 (“Adoption of the 2019 Edition of the California Building Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.05
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE Sections: 15.05.010 Adoption of the California Building Code, 2022 Edition.
15.05.020 Amendments.
15.05.030 Regulation of building construction.
15.05.010 Adoption of the California Building Code, 2022 Edition.
The 2022 Edition of the California Building Code (Part 2 of Title 24 of the California Code of Regulations), including Volumes 1 and 2, based on the 2021 International Building Code as published by the International Code Council, is hereby adopted by reference. A copy of the building code as adopted is on file in the office of the building official and is open to public inspection.
15.05.020. THE CALIFORNIA BUILDING CODE IS AMENDED AS FOLLOWS:
A. Except as hereinafter provided, the California Building Code, Chapter 1, Division II, 2022 Edition, is hereby made a part hereof as though set forth in full and the same shall be established and adopted as the rules, regulations, provisions and conditions for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use and maintenance of buildings or structures in the City, and is hereby adopted by reference as the Scope and Administration Provisions of the City of Calimesa.
B. California Building Code, Chapter 1, Division II ("Scope and Administration"), as adopted herein, is amended as follows:
4 Section 104.8 Liability. The Building Official or his or her authorized representative as employees or acting under contract as agents of this jurisdiction, charged with the enforcement of this code and the technical codes, acting in good faith and without malice in the discharge of his duties, shall not thereby be rendered personally liable for damage that may occur to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the Building Official, employee or his/her authorized agent acting under contract of this jurisdiction, because of such act or omission performed by the Building Official, employee or his/her authorized agent acting under contract of this jurisdiction in the enforcement of the provisions of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting there from shall be assumed by this jurisdiction.
This Code shall not be construed to relieve from or lessen the responsibility of any such person owning, operating or controlling a building, structure or building service equipment therein for damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming such liability by reason of the inspections authorized by this code or permits or certificates issued under this Code.
Section 105.2 Work exempt from a permit of Chapter 1 of the California Building Code is hereby amended by amending exemptions 2 and 9 to read as follows:
2. Fences not over 6 feet (2134 mm) high. Block walls not over 4 feet
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.
14. Decks not over 200 square feet (18.58 m2) in area, that are not more than 30 inches (762mm) above grade at any point, and not attached to a dwelling and do not serve the exit door required by Section R311.2.
Section 105.5 Expiration. Every residential permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 365 days after its issuance, or if work has been suspended or abandoned for a period of 180 days between each required inspection. Every commercial permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if work has been suspended or abandoned for a period of 180 days between each required inspection. The building official is authorized to grant, in writing, only one extension of time for a period of 180 days. The extension shall be requested in writing and justifiable cause demonstrated.
Section 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems, grading or alterations requiring a permit, a fee for each permit shall be paid as set forth in the most recent resolution of the City Council regarding fees for building, plumbing, mechanical, electrical, solar, fire and grading permits. When a plan or other data is required to be submitted by Section 106.1, the plan review fee, established by city council resolution, must be paid at the time of submitting plans and specifications for review.
Section 109.6.1 Fee refunds. Section 109.6.1 of Chapter 1, Division II is added to the CBC to read as follows:
109.6.1 Fee Refunds. The Building Official may authorize a refund of any fee that was erroneously paid or collected.
The Building Official may authorize a refund of not more than 80 percent of the applicable permit fee paid when no work has been done under the permit.
The Building Official may authorize a refund of not more than 80 percent of the plan review fee paid when an application for a permit is withdrawn or canceled before any examination time has been expended.
The Building Official may not authorize a refund of any fee paid except upon written application filed by the original permittee no later than 180 days after date of fee payment.
Section 109.7 Investigation fees: Work without a permit. Section 109.7 of Chapter 1 Division II is added to the CBC to read as follows:
109.7. Investigation Fees: Work without a Permit.
109.7.1 Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation will be made before a permit may be issued.
109.7.2 Fee. An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then or subsequently issued. The investigation fee must be equal to the amount of the permit fee required by this code and will be established by City Council resolution. The payment of such investigation fee will not exempt an applicant from compliance with all other provisions of either this code or the technical codes, nor from the penalty prescribed by law.
Section 109.8 Reinspection fees Section 109.8 of Chapter 1, Division II is added to the CBC to read as follows:
109.8 Reinspection Fees. A reinspection fee may be imposed for each inspection or reinspection, when such portion of work for which inspection is called is not complete or when required corrections are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of the technical codes, but as a method of controlling the practice of calling inspections before the job is ready for such inspection or reinspection.
Reinspection fees may be imposed when the inspection record card is not posted, or otherwise not available on the work site; the approved plans are not readily available to the inspector; for failure to provide access on the date for which the inspection is requested; or for deviating from plans requiring the approval of the Building Official.
To obtain a reinspection, the applicant must file an application in writing upon a cityapproved form and pay the applicable reinspection fee.
In instances where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.
Section 111.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit and approvals; provided that such portion or portions shall be occupied safely, and approvals granted from associated departments. The building official shall set a time period during which the temporary occupancy is valid, and the applicant shall provide a bond or cash deposit for the cost of completion of the work.
Section 113.3 Board of appeals qualifications The City Council shall be designated as the board of appeals.
Section 202 Definitions. CBC Sections 202, Barrier, Spa, Non-self-Contained; Spa, Self-Contained is added to the CBC; and amending the definition of Swimming Pool by revising these definitions to read as follows:
Barrier. Barrier is a fence, wall, building wall, or any combination of these that completely surrounds the swimming pool and obstructs access to the swimming pool.
Swimming Pools. Any body of water created by artificial means which is designed, intended for use, or used for swimming or immersion purposes, which has a water depth exceeding 18 inches. The term, “pool,” includes swimming pools, spas, hot tubs, aboveand below- ground, and vinyl-lined pools; pool does not include plumbing fixtures such as bathtubs nor does it apply to man-made lakes, reservoirs, farm ponds, or ponds used primarily for public park purposes, water conservation purposes, irrigation purposes or for the watering of livestock.
SPA, NON-SELF-CONTAINED means a hydro-massage pool or tub for recreational or therapeutic use, not located in health-care facilities, designed for immersion of users and usually having a filter, heater and motor driven blower. It may be installed indoors or outdoors, on the ground or on a supporting structure, or in the ground or in a supporting structure. A non-self-contained spa is intended for recreational bathing and contains water over 18 inches deep.
SPA, SELF-CONTAINED means a continuous-duty appliance in which all control, water-heating and water-circulating equipment is an integral part of the product, located entirely under the spa skirt. A self-contained spa is intended for recreational bathing and contains water over 18 inches deep.
Section 1505 Fire Classification. Section 1505.1 of the CBC is amended to read as follows:
Section 1505.1 General. Roof assemblies shall be divided into classes defined in this section. Class A and B roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E108 or UL 790.
Table 1505.1 is amended, by the deletion of Table 1505.1 and the addition of a new Table 1505.1 thereto, to read as follows:
IA IB IIA IIB IIIA IIIB IV VA VB
A A A A A A A A A
FOR SI: 1 FOOT = 304.8 MM, 1 square foot = 0.0929m2
a. Unless otherwise required in accordance with Chapter 7A Section 1505.1 of the 2022 Edition of the California Building Code is hereby amended to read as follows:
1505.1 Roof assembly requirements. The roof assembly on any structure regulated by this code shall be as specified in Table 1505.1 except that only fire retardant roof coverings meeting Class A roofing assemblies are permitted in the City of Calimesa. Roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. The roofing assembly includes the roof deck, underlayment, interlayment, insulation and covering, which is assigned a roof classification.
Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610.
Section 1505.1.2 Roof Coverings within all other areas. Section 1505.1.2 of the CBC is amended to read as follows:
Section 1505.1.2 The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure, shall be fire-retardant roof covering that is at least Class A
The following provision is hereby added to Volume 2, Chapter 31 of the California Building Code ("Special Construction") as follows:
Section 3109.1 General. Section 3109.1 of the CBC is amended to read as follows:
3109.1 General. The design and construction of swimming pools, spas and hot tubs shall comply with this code.
Section 3109.3 Residential Swimming Pools. Sections 3109.3 is added to the CBC to read as follows:
3109.3 Residential swimming pools. Residential swimming pools shall be completely enclosed by a barrier complying with Amended California Residential Code Appendix AX Section 3109.3.1 Barrier height and clearances. Sections 3109.3.1 through 3109.3.3 are added to read as follows:
3109.3.1 Barrier Height and Clearances. The top of the barrier must be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool.
The maximum vertical clearance between grade and the bottom of the barrier must be two inches measured on the side of the barrier that faces away from the swimming pool.
Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier must be four inches. 3109.3.1.1 Openings. Openings in the barrier must not allow passage of a 4-inchdiameter sphere. 3109.3.1.2 Solid barrier surfaces. Solid barrier surfaces which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
3109.3.1.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not be greater than 1 ¾ inches in width. Where there are decorative cutouts within vertical members, spacing with the cutouts shall not be greater than 1 ¾ inches in width. 3109.3.1.4 Widely spaced horizontal members. Where the barrier is composed of horizontal members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members must not be greater than 4 inches.
Where there are decorative cutouts within vertical members, spacing must not be greater than 1 ¾ inches in width.
3109.3.1.5 Chain link dimensions. Mesh size for chain link fences must not be greater than 1 ¾ inches in width, unless the fence is provided with slats fastened at the top or bottom that reduce the openings to not more than 1 ¾ in width. 3109.3.1.6 Diagonal members. Where the barrier is composed of diagonal members shall not be greater than 1 ¾ inches.
3109.3.1.6 Gates. Access gates must comply with the requirements of Sections 3109.3.1 through 3109.3.1.6 and must be equipped to accommodate a locking device. Pedestrian access gates must open outward away from the pool and must be self- closing and have a self-latching device. Doors or gates other than pedestrian access gates must have a self-latching device and must be equipped with lockable hardware or padlocks and must remain locked at all times when not in use. Release mechanisms must comply with Sections 1010.1.9 and 1109.13. Where release mechanisms of the self-latching device are located less than 60 inches above grade measured on the side of the barrier that faces away from the swimming pool, the release mechanism must be located on the pool side of the gate at least three inches below the top of the gate and the gate barrier may have no opening greater than one-half inch within 18 inches of the release mechanism.
3109.3.1.7 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, two safety devices must be provided in accordance with Section 115922 of the California Health and Safety Code.
3109.3.1.8 Pool structure as barrier. Where an above-ground pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.3.1.1 through 3109.3.1.8. Where the ladder or steps are secured, locked or removed, any opening shall not allow the passage of a 4-inch-diameter sphere.
3109.3.2 Indoor swimming pools. Wall surrounding indoor swimming pools shall not be required to comply with Section 3109.3.1.8. through 3109.3.3 3109.3.3 Prohibited Locations. Barriers shall be located as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. There shall be a clear zone of not less than 36” between the exterior of the enclosure and any permanent structures or equipment such as pumps, filters and heaters that can be used to climb the enclosure.
Section 3109.4 Residential Swimming Pools. Sections 3109.4 is added to the CBC to read as follows:
3109.4 Withholding approval. Plaster inspection or approval to fill a pool or spa with water shall be withheld by the Building Official, until there has been compliance with all fencing and other requirements of this Section.
Appendices deleted. Appendices A, B, C, D, E, and K are deleted.
Appendix J 103 Permits Required. Appendix J, Section 103.2 of the California Building Code is hereby revised to read as follows:
Section JI03.2 Exemptions. A grading permit shall not be required for the following:
When approved by the building official, grading. which consist of a fill less than 1 foot in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 2ft in depth, not intended to support structures, that does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course. Such grading shall be in an isolated, self-contained area, provided there is no danger to the public, and such grading will not adversely affect adjoining properties
Excavation for construction of a structure permitted under this code.
Cemetery graves.
Refuse disposal sites controlled by other regulations.
Excavations for wells, or trenches for utilities.
Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties.
Exploratory excavations performed under the direction of a registered design professional.
Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
Section J104.2.1 Grading Designation. Section J104,2,1 is added to the CBC to read as follows:
Section JI04.2.1 Grading Designation. All grading exceeding 500 cubic yards must be performed in accordance with the approved grading plan prepared by a civil engineer, and will be designated as engineered grading. Grading involving less than 500 cubic yards will be designated regular grading, unless Public Works Director or Building Official’s determines that special conditions or unusual hazards exist, in which case the grading must conform to the requirements for engineered grading.
Section J104.2.2 Engineered Grading Requirements. Section J104,2,2 is added to the CBC to read as follows:
Section JI04.2.2 Engineered Grading Requirements. Application for a grading permit must, at a minimum, be accompanied by, but not be limited to, two sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications must be prepared and signed by an individual licensed by the State to prepare such plans or specifications when required by the Public Works Director or Building Official.
Specifications must contain information covering construction and material requirements.
Plans must be drawn to scale upon substantial mylar; must be of sufficient clarity to indicate the nature and extent of the work proposed; and show in detail that they will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans must give the location of the work, the name and address of the owner, and the person who prepared the plans.
The plans must include, but not be limited to, the following information:
1. General vicinity of the proposed site.
2. Property limits and accurate contours of existing ground and details of terrain and area drainage.
3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction.
4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains.
5. Location of any buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent owners
that are within 15 feet (4572 mm) of the property, or that may be affected by the proposed grading operations.
6. Recommendations included in the soils engineering report and the engineering geology report must be incorporated in the grading plans or specifications. When approved by the Public Works Director or Building Official, specific recommendations contained in the soils engineering report and the engineering geology report, which are applicable to grading, may be included by reference.
7. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms, or individuals, who prepared the reports.
Appendix J, Section 105.1 is amended by inserting the following sentence after the first sentence of Section J105.1 to read: 'All grading equaling or greater than 5000 cubic yards shall be reviewed, permitted and inspected by the City Engineer or the Building Official.
15.05.030 Regulation of building construction.
Each and all of the regulations, provisions, conditions and terms of the California Building Code, as adopted by this chapter, shall govern and regulate the erection, construction, enlargement, alteration, repair, moving, removing, demolition, conversion, occupancy, equipment, use height, area, maintenance, issuance of permits and collection of fees for such permits, of all buildings or structures within the city of Calimesa.” Section 2. Chapter 15.10 ("Adoption of the 2022 Edition of the California Fire Code") of Title 15 ("Buildings and Construction") of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
Section 3. Chapter 15.15 (“Adoption of the 2019 Edition of the California Electrical Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.15
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA ELECTRICAL CODE Section: 15.15.010 Adoption of the California Electrical Code, 2022 Edition.
15.15.010 Adoption of the California Electrical Code, 2022 Edition.
The 2022 Edition of the California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), based on the 2020 National Electrical Code as published by the National Fire Protection Association, is hereby adopted by reference. A copy of the electrical code as adopted is on file in the office of the building official and is open for public inspection.” Article 310.106(B) Conductor Material is amended by the addition of second paragraph to read as follows:
Copper wire to be used for wiring No. 6 and smaller in all installations. Consideration for use of aluminum wiring can be made by the Building Official for feeder lines only on an individual basis where adequate safety measures can be ensured.
Article 310 Conductors for General Wiring is amended by the addition of Article 310.121 to read as follows:
310.121 Continuous inspection of aluminum wiring. Aluminum conductors of No. 6 or smaller used for branch circuits shall require continuous inspection by an independent testing agency approved by the Building Official for proper torque of connections at their termination point.
c) Article 690.13 Building or Other Structure Supplied by a Photovoltaic System:
(A) Location. The PV disconnecting means shall be installed at a readily accessible location outside of a building or structure nearest the point of entrance of the system conductors.
d) Article 690.13 Building or Other Structure Supplied by Photovoltaic Systems, is amended by addition to read as follows:
(A)Location. The PV disconnecting means shall be installed at a readily accessible location on the outside of a building or structure nearest the point of entrance of the system conductors. A single visible, lockable AC disconnect shall be within 3 feet of the meter on the exterior of the building.
Section 4. Chapter 15.20 (“Adoption of the 2019 Edition of the California Plumbing Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.20
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA PLUMBING CODE Section: 15.20.010 Adoption of the California Plumbing Code, 2022 Edition.
15.20.010 Adoption of the California Plumbing Code, 2019 Edition.
The 2019 Edition of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), based on the 2018 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference. A copy of the plumbing code as adopted is on file in the office of the building official and is open to public inspection.”
Section 719.0 Cleanouts. Section 719.1 Location is amended to read:
Section 719.1 Locations. Cleanouts shall be placed inside the building near the connection between the building drain and the building sewer or installed outside the building at the lower end of the building drain and extended to grade, cleanouts are prohibited in garage floors.
The City hereby repeals Section 15.04.050 ("Uniform Swimming Pool, Spa and Hot Tub Code adopted") of Title 15 of the Yucaipa Municipal Code in its entirety.
Section 5. Chapter 15.25 (“Adoption of the 2019 Edition of the California Mechanical Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.25
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA MECHANICAL CODE Section: 15.25.010 Adoption of the California Mechanical Code, 2022 Edition.
15.25.010 Adoption of the California Mechanical Code, 2019 Edition.
The 2022 Edition of the California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations), based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference. A copy of the mechanical code as adopted is on file in the office of the building official and is open for public inspection.”
Section 6. Chapter 15.30 (“Adoption of the 2019 Edition of the California Green Building Standards Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.30
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA GREEN BUILDING
STANDARDS CODE
Section: 15.30.010 Adoption of the California Green Building Standards Code, 2022 Edition.
15.30.010 Adoption of the California Green Building Standards Code, 2019 Edition.
The 2022 Edition of the California Green Building Standard Code (Part 11 of Title 24 of the California Code of Regulations) is hereby adopted by reference. A copy of the green building standards code as adopted is on file in the office of the building official and is open for public inspection.”
Section 7. Chapter 15.35 (“Adoption of the 2022 Edition of the California Residential Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.35
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA RESIDENTIAL CODE
Sections: 15.35.010 Adoption of the California Residential Code, 2022 Edition.
15.35.015 Amendments
15.35.020 Amendments.
15.35.010 Adoption of the California Residential Code, 2022 Edition.
The 2022 Edition of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations) is hereby adopted by reference. A copy of the residential code as adopted is on file in the office of the building official and is open for public inspection.
15.35.015 Amendments.
Table R301.2 is Revised to read as follows:
TABLE 301.2
CLIMATIC AND GEOGRPHIC DESIGN CRITERIA
GROUND
SNOW
LOAD
WIND DESIGN Seismic
Design
Category
Subject To Damage From
Speed Topographic
Effects
Special
Wind
Region
Wind
Bourne
Debri
Weathering Frost
Line
Depth
Termite Winter
Design
Temp
Ice Barrier
Underlayment
Flood
Hazard
Air
Freezing
Mean
Annual
Temp
Zero 95/110 Yes No/Yes No D1,D2,or E Negligible 12-24” Very Heavy
43 N0 Yes/No 0 63
15.35.020 Amendments.
Section R403 Footings Section R403.1.2, R 403.1.3, R403.1.4, R403.1.5 and R403.1.61 of the CRC are amended to read as follows:
R403.1.2 Continuous Footings in Seismic Design Categories D0, D1, D2, and E. Exterior walls of buildings located in Seismic Design Categories D0, D1, D2, and E, must be supported by continuous solid or fully grouted masonry or concrete footings. Other footing materials or systems must be designed in accordance with accepted engineering practice. The braced wall panels at exterior walls of buildings located in Seismic Design Categories D0, D1, D2 and E must be supported by continuous footings. All required interior braced wall panels in buildings must be supported by continuous footings.
The exception is deleted in its entirety.
R403.1.3 Footing and Stem wall reinforcing in Seismic Design Categories D0, D1, D2 and E. Concrete footings located in Seismic Design Categories D0, D1, D2, and E, as established in Table R301.2(1), must have minimum reinforcement in accordance with this section and Figure R403.1.3. Reinforcement must be installed with support and cover in accordance with Section R403.1.3.5.
R403.1.3.1 Concrete stem walls with concrete footings. In Seismic Design Categories D0, D1, D2, and E, where a construction joint is created between a concrete footing and a concrete stem wall, a minimum of one No. 4 vertical bar must be installed at not more than four feet (4’) on center. The vertical bar must have a standard hook and extend to the bottom of the footing and must support
and cover as specified in Section R608.5.4.5. A minimum of one No. 4 horizontal bar must be installed within 12 inches of the top of the stem wall and one No. 4 horizontal bar must be located 3 to 4 inches from the bottom of the footing.
R403.1.3.2 Masonry stem walls with concrete footings. In Seismic Design Categories D0, D1, D2, and E, where a masonry stem wall is supported on a concrete footing, a minimum of one No. 4 vertical bar must be installed at not more than four feet (4’) on center. The vertical bar must have a standard hook and extend to the bottom of the footing and must have support and cover as specified in Section R403.1.3.5.3 and extend a minimum of 14 inches into the stem wall. Standard hooks must comply with Section R608.5.4.5. A minimum of one No. 4 horizontal bar must be installed within 12 inches of the top of the wall and one No. 4 horizontal bar must located 3 to 4 inches from the bottom of the footing. Masonry stem walls must be solid grouted.
R403.1.3.3 Slabs-on-ground with turned-down footings. In Seismic Design Categories D0, D1, D2, and E, slabs on ground cast monolithically with turneddown footings must have a minimum of one No. 4 bar at the top and the bottom of the footing or one No. 5 bar or two No. 4 bars in the middle third of the footing depth. Where the slab is cast monolithically with the footing, No. 3 or larger vertical dowels with standard hooks on each end must be installed at not more than 4 feet on center in accordance with Figure R403.1.3, Detail 2. Standard hooks must comply with Section R608.5.4.5.
R403.1.3.4 Interior bearing and braced wall footings in Seismic Design Categories D0, D1, D2, and E. In Seismic Design Categories D0, D1, D2, and E, interior footings supporting bearing walls or braced wall panels, and cast monolithically with a slab on grade, must extend to a depth of not less than 12 inches below grade.
R403.1.3.6 is deleted in its entirety.
R403.1.6.1 Foundation anchorage in Seismic Design Categories C, D0, D1, D2, and E. In addition to the requirements of Section R403.1.6, the following requirements apply to wood light-frame structures in Seismic Design Categories D0, D1, D2, and E and wood light- framed townhouses in Seismic Design Category C.
Section R902.1 of the 2019 Edition of the California Residential Code is hereby amended to read as follows:
R902.1 Roofing covering materials. The roof assembly on any structure regulated by this code shall be as set forth in Sections R904 and R905, except that only fire-retardant roof coverings meeting Class A roofing assemblies are permitted in the City of Calimesa.
Roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790.
Exception: The roofing assembly includes the roof deck, underlayment, interlayment, insulation and covering, which is assigned a roof classification.”
Section 8. Chapter 15.40 (“Adoption of the 2018 Edition of the International Property Maintenance Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.40
ADOPTION OF THE 2018 EDITION OF THE INTERNATIONAL PROPERTY
MAINTENANCE CODE
Section: 15.40.010 Adoption of the International Property Maintenance Code, 2021 Edition.
15.40.010 Adoption of the International Property Maintenance Code, 2021 Edition.
The 2021 Edition of the International Property Maintenance Code is hereby adopted by reference. A copy of the international property maintenance code as adopted is on file in the office of the building official and is open for public inspection.” Section 9. Section 15.45.010 (“Penalties”) of Chapter 15.45 (“Building Code Violations”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“15.45.010 Penalties.
A. No person shall violate any provision or fail to comply with any of the requirements of Chapters 15.05 through 15.40 and 15.75 through 15.85 of the Calimesa Municipal Code, or of the codes thereby adopted. Unless a different penalty is prescribed for violation of specific provisions of Chapters 15.05 through 15.40 or 15.75 through 15.85 of the Calimesa Municipal Code, or of the codes adopted thereby, every act prohibited or declared unlawful and every failure to perform an act made mandatory by Chapters 15.05 through 15.40 and 15.75 through 15.85 of the Calimesa Municipal Code, or of the codes thereby adopted, is punishable as a misdemeanor. Where the city attorney determines that such action would be in the interest of justice, he/she may specify in the accusatory pleading that the offense shall be an infraction. Alternatively, an administrative citation for the violation may be issued pursuant to Chapter 1.30 of the Calimesa Municipal Code.
Each person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of Chapters 15.05 through 15.40 or
15.75 through 15.85 of the Calimesa Municipal Code, or of the codes adopted thereby, is committed, continued, or permitted by such person and shall be punishable accordingly.
B. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of Chapters 15.05 through 15.40 or 15.75 through 15.85 of the Calimesa Municipal Code, or of the codes thereby adopted, shall constitute a public nuisance and may be abated by the city by civil process by means of a restraining order, preliminary or permanent injunction, or in any manner provided by law for the abatement of such nuisance. The city shall further be reimbursed its attorneys’ fees and costs of abatement, as provided by law.
C. All remedies herein are stated to be cumulative and nonexclusive.” Section 10. Section 15.45.020 (“General penalty”) of Chapter 15.45 (“Building Code Violations”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“15.45.020 General penalty.
Except in cases where a different punishment is specifically prescribed elsewhere in Chapters 15.05 through 15.40 or 15.75 through 15.85 of the Calimesa Municipal Code or in the codes adopted thereby, every misdemeanor offense is punishable by imprisonment in the county jail for a period not exceeding six months, or by a fine not exceeding $1,000, or by both; and every offense prosecuted as an infraction shall be punishable by a fine not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second violation of the same provision within one year, and a fine not exceeding $500.00 for each additional violation of the same provision within one year. Any person who has previously been convicted two or more times during any 12-month period for any crime made punishable as an infraction shall be guilty of a misdemeanor upon the third violation.
Alternatively, an administrative citation for the violation may be issued pursuant to Chapter 1.30 of the Calimesa Municipal Code.”
Section 11. Chapter 15.50 (“Roofing and Reroofing Materials for Commercial and Residential Buildings”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.50
ROOFING AND REROOFING MATERIALS FOR COMMERCIAL AND RESIDENTIAL
BUILDINGS
Sections: 15.50.010 Waiver of Class A roofing requirements.
15.50.020 Reroofing an existing structure.
15.50.010 Waiver of Class A roofing requirements.
A waiver of the Class A roofing requirement specified in Section 1505.1 of the 2022 Edition of the California Building Code and the use of Class B or C roof assemblies may be applied for only when an addition to an existing structure will not increase the combustible roof area by more than 25 percent. If a waiver of this requirement is desired, an application for waiver shall be filed with the building official.
The building official shall determine if a waiver is appropriate. An appeal of the building official’s decision to deny a waiver may be made to the planning commission if a written notice of the appeal is filed with the city clerk within ten (10) days of the date of the building official’s decision. The decision of the planning commission to affirm the building official’s denial of a waiver may be appealed to the city council if a written notice of the appeal is filed with the city clerk within ten (10) days of the date of the commission’s decision. The decision of the city council shall be final.
15.50.020 Reroofing an existing structure.
The Class A roofing requirement specified in Section 1505.1 of the 2019 Edition of the California Building Code shall not apply to the partial reroofing of an existing structure where the reroofing repairs, replaces, or overlays less than 25 percent of the roof area of the structure. If the reroofing repairs, replaces, or overlays more than 25 percent but less than 50 percent of the roof area of the structure, this requirement shall apply, but an application for a waiver of this requirement may be filed with the building official. The building official shall determine if a waiver is appropriate. An appeal of the building official’s decision to deny a waiver may be made in accordance with Calimesa Municipal
Code Section 15.50.010. No application for a waiver may be filed or granted if the reroofing repairs, replaces, or overlays 50 percent or more of the roof area of the structure.”
Section 12. Chapter 15.75 (“Adoption of the 2019 Edition of the California Energy Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.75
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA ENERGY CODE Section: 15.75.010 Adoption of the California Energy Code, 2022 Edition.
15.75.010 Adoption of the California Energy Code, 2022 Edition.
The 2022 Edition of the California Energy Code (Part 6 of Title 24 of the California Code of Regulations), as published by the International Code Council, is hereby adopted by reference. A copy of the energy code as adopted is on file in the office of the building official and is open to public inspection.”
Section 13. Chapter 15.80 (“Adoption of the 2019 Edition of the California Historical Building Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.80
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA
HISTORICAL BUILDING CODE
Section: 15.80.010 Adoption of the California Historical Building Code, 2022 Edition.
15.80.010 Adoption of the California Historical Building Code, 2022 Edition.
The 2019 Edition of the California Historical Building Code (Part 8 of Title 24 of the California Code of Regulations), as published by the International Code Council, is hereby adopted by reference. A copy of the historical building code as adopted is on file in the office of the building official and is open to public inspection.” Section 14. Chapter 15.85 (“Adoption of the 2019 Edition of the California Existing Building Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.85
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA
EXISTING BUILDING CODE
Section: 15.85.010 Adoption of the California Existing Building Code 2022 Edition.
15.85.010 Adoption of the California Existing Building Code, 2022 Edition.
The 2019 Edition of the California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations), as published by the International Code Council, is hereby adopted by reference. A copy of the existing building code as adopted is on file in the office of the building official and is open to public inspection.”
Section 15. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Calimesa hereby declares that it would have adopted this ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions were to be declared invalid or unconstitutional.
Section 16. The adoption of this ordinance is categorically exempt from environmental review as a Class 8 Exemption pursuant to Section 15308 of the California Environmental Quality Act Guidelines (California Code of Regulations, Title 14, Chapter 3). It is further exempt in that there is no possibility that the adoption of this ordinance, and the regulations established thereby, may have a significant effect on the environment, because the ordinance will impose greater limitations on development in the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.
Section 17. Publication. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published as required by law.
INTRODUCED AND PASSED UPON FIRST READING by title only, upon the following vote, this 19th day of December 2022:
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED, APPROVED AND ADOPTED this day of 2019 upon the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
WILLIAM DAVIS, MAYOR
ATTEST:
____________________________________________
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
____________________________________________
QUINN BARROW, CITY ATTORNEY