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Agenda packet

Pismo Beach City Council
November 18, 2025

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Agenda packet
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November 18, 2025
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(1) The installation, change, alteration, or repair of the system does not include a potable water connection or a pump and does not affect other building, plumbing, electrical, or mechanical components including structural features, egress, fire-life safety, sanitation, potable water supply piping, or accessibility.

Note: The pump in a clothes washer shall not be considered part of the gray water system.

(2) The gray water shall be contained on the site where it is generated.

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Council Agenda 10-21-2025 12.B-54
Attachment 2
October 21, 2025 Introduction Staff Report
Council Agenda 11-18-2025 11.A-108
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(3) Gray water shall be directed to and contained within an irrigation or disposal field.
(4) Ponding or runoff is prohibited and shall be considered a nuisance. (5) Gray water systems shall be designed to minimize contact with humans and domestic pets.

E.Amend Section 1503.7 to read as follows:
1503.7 Drawings and specifications. The Authority Having Jurisdiction may require the following information to be included with or in a plot plan before a permit is issued for a gray water system, or at a time during construction thereof:
(1) Plot plan drawn to scale and completely dimensioned, showing lot lines and structures, direction and approximate slope of surface, location of present or proposed retaining walls, drainage channels, water supply lines, wells, paved areas and structures, number of bedrooms and plumbing fixtures in each structure, location of private sewage disposal system or building sewer connecting to the public sewer, and location of the proposed gray water system.
(2) Details of construction necessary to ensure compliance with the requirements of this chapter, together with a full description of the complete installation, including installation methods, construction, and materials.
(3) Details for holding tanks shall include dimensions, structural calculations, bracings, and such other pertinent data as required. (4) A log of soil formations and groundwater level as determined by test holes dug in proximity to proposed irrigation and/or disposal area, together with an analysis of water absorption characteristics of the soil and underground movement of water at the proposed site as determined by a professional geotechnical engineer duly licensed as such by the State of California.
(5) Distance between the plot and surface waters such as lakes, ponds, rivers, or streams, and the slope between the plot and the surface water, where in close proximity.

15.08.060 Amendments; California Electrical Code.

The California Electrical Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

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Council Agenda 10-21-2025 12.B-55
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A. Annexes are informative only and not adopted.

B. Administration of the electrical code shall be as set forth in Division II of Chapter 1 of the California Building Code.

C. Amend Article 230.70(A)(1) to read as follows:
(1)Readily accessible location. The service disconnecting means shall be installed at a readily accessible location either outside the building or other structure, or inside nearest the point of entrance of the service conductors. The disconnecting means shall be accessible to emergency personnel, either directly or by a remote actuating device, without requiring transit of the building interior.

Dedicated electrical equipment rooms located at the building perimeter and providing direct access to the outside shall satisfy accessibility for emergency personnel.

15.08.070 Amendments; International Property Maintenance Code.

The International Property Maintenance Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Amend Section 101.1 to read as follows:
101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Pismo Beach, hereinafter referred to as "this code".

B. Amend Section 102.3 to read as follows:
102.3 Application of other codes. Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Standards Code and other applicable laws and ordinances.

C. Amend Section 103.1 to read as follows:
103.1 General. The office of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official.

D. Amend Section 104.1 to read as follows:
104.1 Fees. The fees for activities and services performed by the code official under this code shall be in accordance with the schedule as established by the applicable governing authority.

Attachment 1
Council Agenda 10-21-2025 12.B-56
Attachment 2
October 21, 2025 Introduction Staff Report
Council Agenda 11-18-2025 11.A-110
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E. Add Section 105.5.1 to read as follows:

105.5.1 Citations. The code official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

F. Amend Section 106 to read as follows:

106.1 Membership of board. The board of appeals shall be the board of appeals established in Section 113 of the California Building Code as amended in Section 15.08.010 of the Pismo Beach Municipal Code.

G. Amend Section 107.4 to read as follows:

107.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who fails to comply with an order as affirmed or modified by the board of appeals within the time fixed herein, shall be subject to the penalty as provided for in Chapter 1.20 of the City of Pismo Beach Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

H. Amend Section 108.4 to read as follows:

108.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties and code enforcement procedures set forth in Chapters 1.20, 1.24 and 1.28 of the City of Pismo Beach Municipal Code.

SECTION 5.

Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.

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Council Agenda 10-21-2025 12.B-57
Attachment 2
October 21, 2025 Introduction Staff Report
Council Agenda 11-18-2025 11.A-111
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SECTION 6.

This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to any particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.

SECTION 7.

This ordinance shall become effective on January 1, 2026.

SECTION 8.

The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.

Before the expiration of fifteen (15) days after the passage of this ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach, CA.

SECTION 9.

The Building Official is hereby authorized and directed to transmit a copy of this ordinance to the California Building Standards Commission as required by California Health and Safety Code Section 17958.7.

INTRODUCED at a regular meeting of the City Council held this 21st day of October, 2025, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
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Attachment 2
October 21, 2025 Introduction Staff Report
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ADOPTED at a regular meeting of the City Council held this 18th day of November, 2025, on motion of Council Member , seconded by Council Member , and on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved:Attest:
________________________________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
Dean J. Pucci, City Attorney
Attachment 1
Council Agenda 10-21-2025 12.B-59
Attachment 2
October 21, 2025 Introduction Staff Report
Council Agenda 11-18-2025 11.A-113
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ILLUSTRATED TEXT CHANGES FOR PROPOSED AMENDMENTS
2025 Building and Fire Codes
Chapters 8.04, 8.08, 15.04, and15.08 of the Pismo Beach Municipal Code Underlined text represents amendments carried over from the prior California Building Standards Code adoption and shaded text indicates a new amendment or modified portion of a prior amendment. Text with a line through it is deleted.

Chapters 8.04, 8.08, 15.04, and 15.08 of the Pismo Beach Municipal Code are hereby repealed and replaced by new Chapters 8.04, 8.08, 15.04, and 15.08 as follows:

Chapter 8.04 GENERAL PROVISIONS

8.04.010 Adoption of Fire Code.

One Two documents on file in City offices, marked and designated as the 2025 edition of the California Fire Code, and (2) the 2025 edition of the California Wildland-Urban Interface Code are hereby adopted, including chapters and sections not adopted by agencies of the State of California, and including appendices thereto, as the Fire Prevention Regulations of the City of Pismo Beach. The provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in this Chapter except as modified in Chapter 8.08.

8.04.020 Fire code official designated.

The Fire Chief is hereby designated as the fire code official for the City of Pismo Beach.

8.04.030 Referenced codes and standards.

Where other codes and standards are referred to in the code adopted in Section 8.04.010, the following shall apply:

A. International Building Code shall mean California Building Code or the California Residential Code, as applicable.

B. International Plumbing Code shall mean California Plumbing Code.

C. International Fuel Gas Code shall mean California Plumbing Code.

D. International Mechanical Code shall mean California Mechanical Code.

Attachment 2
Council Agenda 10-21-2025 12.B-60
Attachment 2
October 21, 2025 Introduction Staff Report
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E. NFPA 70 and National Electrical Code shall mean California Electrical Code.

F. International Residential Code for One- and Two-family Dwellings shall mean the California Residential Code.

G. International Fire Code shall mean California Fire Code.

H. International Existing Building Code shall mean the California Existing Building Code.

I. International Wildland-Urban Interface Code shall mean the California Wildland-Urban Interface Code

Chapter 8.08 FIRE PREVENTION REGULATIONS

8.08.010 Amendments; California Fire Code.

The California Fire Code adopted in Section 8.04.010 is modified, amended and/or supplemented as follows:

A. Delete Appendix A, D, E, G, J, K, L, M and N.

B. Amend Section 101.1 to read as follows:

101.1 Title. These regulations shall be known as the California Fire Code, hereinafter referred to as “this Code”.

C. Amend Section 102.3 to read as follows:

102.3 Change of use or occupancy. A change of occupancy in a building or structure shall not be made unless the use or occupancy such building or structure is made to comply with this code, California Building Code and the California Existing Building Code.

Exception: Where approved by the building official and the fire code official, a change of use or occupancy shall be permitted without complying with all requirements of this code, the California Building Code and the California Existing Building Code, provided that the new or proposed use or occupancy is less hazardous, based on life and fire risk, than the existing use or occupancy.

D. Amend Section 103.1 to read as follows:

103.1 General. The department bureau of fire prevention is established within the jurisdiction under the direction of the fire code official. The function of the Attachment 2
Council Agenda 10-21-2025 12.B-61
Attachment 2
October 21, 2025 Introduction Staff Report
Council Agenda 11-18-2025 11.A-115
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department bureau shall be the implementation, administration and enforcement of the provisions of this code.

E. Add Section 103.3.1 to read as follows:
103.3.1 Fire prevention bureau personnel and police. The chief of the fire department and other members of the California Department of Forestry and Fire Protection/Pismo Beach Fire Department designated by the chief of the fire department have the authority of peace officers or public officers pursuant to California Penal Code sections 830.2(g), 830.7(d) and 836.5(a) in performing their duties under the California Fire Code.

F. Add Section 104.5.1 to read as follows:
104.5.1 Citations. The fire code official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

G. Amend Section 105.3.3 to read as follows:
105.3.3 Occupancy and use, prohibited before approval. The building or structure shall not be occupied prior to the fire code official issuing a permit and conducting associated inspections indicating that applicable provisions of this code have been met. No appliance, device, equipment, or system shall be operated or used until the installation has been approved and permitted by the fire code official and all applicable provisions of this code have been met. It shall be the duty of the permit applicant or contractor or both to cause the work to remain accessible and exposed for inspection purposes.

H. Add Section 105.6.2526 to read as follows:
105.6.2526 Commercial barbecue pits. All commercial barbecues shall comply with the requirements set forth in Chapter 8.36 of the Municipal Code.

I. Amend Section 111.1112.1 to read as follows:
111.1 112.1 Board of Appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The City manager shall provide staff services for the board. The board of appeals shall be appointed on an “as needed” basis by the City Council and shall hold office at its pleasure. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board shall adopt rules of procedure for conducting its business, and shall render Attachment 2
Council Agenda 10-21-2025 12.B-62
Attachment 2
October 21, 2025 Introduction Staff Report
Council Agenda 11-18-2025 11.A-116
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all decisions and findings in writing to the appellant with a duplicate copy to the fire code official. The fee for appeals shall be consistent with the fees established by the City Council.

J. Amend Section 112.4 113.4 to read as follows:
112.4 113.4 Violation penalties. Any persons who shall violates a provision of this code or shall fails to comply with any of the requirements thereof or who shall erects, install, alters, or repairs or does work a building or structure in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used issued under provisions of this code shall be guilty of a (specify offense), punishable by a fine of not more than (amount) dollars or by imprisonment not exceeding (number of days), or both such fine and imprisonment and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Board of Appeals within the time fixed herein, shall be guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter 1.20 of the City of Pismo Beach Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

K. Amend Section 113.4 114.4 to read as follows:
113.4 114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than (AMOUNT) dollars or more than (AMOUNT) dollars subject to the penalties and code enforcement procedures set forth in Chapters 1.20, 1.24 and 1.28 of the City of Pismo Beach Municipal Code.

L. Amend Section 405.8 to read as follows:
405.8 Initiation. Where a fire alarm system is provided, emergency evacuation drills shall be initiated by activating the fire alarm system. Prior to initiating an alarm, the person initiating the alarm shall contact the fire alarm monitoring company and advise the company’s dispatcher of the fire drill. In cases where the fire alarm system is not monitored by a central station, notification shall be provided to the fire department dispatch center.

M. Add Section 503.1.2.1 to read as follows:

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503.1.2.1 Maximum dead-end road lengths. The maximum length of dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed 500 feet (152 m).

N. Amend Sections 503.2.7 to read as follows:
503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by not exceed 16% without approval of the fire code official based on the fire department’s apparatus.

O. Amend Section 504.3 to read as follows:
504.3 Stairway access to roof. New buildings two or more stories above grade plane, except those with a roof slope greater than four units vertical in 12 units horizontal (33.3-percent slope), shall be provided with a stairway to the roof or other access to the roof for emergency personnel approved by the fire code official.

Stairway access to the roof shall be in accordance with Section 1009.13. Such stairway or other approved access shall be marked at street and floor levels with a sign indicating that the stairway or access continues to the roof. Where roofs are used for roof gardens or for other purposes, stairways shall be provided as required for such occupancy classification.

P. Amend Section 505.1 and add Section 505.1.1 to read as follows:
505.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 6 inches (101.6 152.4 mm) high for residential buildings and 8 inches (203.2 mm) high for non- residential buildings, with a minimum stroke width of 0.5 inch (12.7 mm), unless otherwise required to be greater in height or of reflective material as determined by the fire code official during the jurisdiction’s development review process for a specific project. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole other sign or means shall be used to identify the structure. Address numbers shall be maintained. 505.1.1 Directories. When required by the fire code official, complexes with multiple buildings may be required to provide directories, premises maps and directional signs. The scale, design and location of directory signs shall be approved by the fire code official and may be required to be illuminated.

Q. Amend Section 507.5.1 to read as follows:

Attachment 2
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507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.

Exceptions:

For Group R-3 and Group U occupancies, buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, R313 R309 of the California Residential Code or Section 903 of the California Building Code and this code, as amended, the distance requirement shall be not more than 600 feet (183 m).

R. Amend Section 605.1.3 to read as follows:
605.1.3 Fuel oil. The grade of fuel oil used in a burner shall be that for which the burner is approved and as stipulated by the burner manufacturer. Oil containing gasoline shall not be used. Waste crankcase oil shall be an acceptable fuel in Group F, M and S occupancies, when utilized in equipment listed for use with waste oil and when such equipment is installed in accordance with the manufacturer’s instructions and the terms of its listing.

S. Amend Section 605.98 to read as follows:
605.98 Gas meters. Above-ground gas meters, regulators and piping subject to damage shall be protected by a barrier complying with Section 312 or otherwise protected in an approved manner. Gas meters shall be permanently marked identifying the building or system served.

T. Delete Sections 903.2 through 903.2.11.3. Add new Sections 903.2 and 903.2.1 through 903.2.11.3 to read as follows:

Note: Existing Sections 903.2 through 903.2.11.3 list fire sprinkler requirements for each individual occupancy in a separate section (approximately 4 pages of code text). Since the amended section establishes fire sprinkler requirements for all buildings in one section, the “strikeout” sections are not reprinted here. 903.2 Where required. An approved automatic fire sprinkler system shall be installed:

1. Throughout new buildings.

Exceptions:

Attachment 2
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1. A single-story building that contains any occupancy other than Group R, H or I where floor area does not exceed 1000 square feet (92.9 m2).

2. A building containing a Group R, Division 3 occupancy not more than three stories above grade plane in height shall comply with the automatic fire sprinkler system requirements of Section R313 R309 of the California Residential Code.

3. A building that contains only a Group A, Division 5 occupancy.

Notwithstanding the foregoing exception, concession stands, retail areas, press boxes and other accessory use areas in excess of 1,000 square feet (92.9 m2) shall be provided with an automatic fire sprinkler system.

2. Throughout existing and new sections of an existing building where floor area is increased by 1000 square feet (92.9 m2) or where the floor area of a room or rooms altered exceeds fifty (50) percent of the existing building floor area. Increase in floor area and alterations shall be cumulative from January 1, 2008, with each issuance of a building permit, regardless of any change of ownership.

Exceptions:

1. Alterations limited to replacement of exterior coverings, windows, roofing, electrical services, sewer laterals, retaining walls, and routine plumbing, electrical and mechanical repairs.

2. A building containing a Group R, Division 3 occupancy not more than three stories above grade plane in height shall comply with the automatic fire sprinkler system requirements of Section R313 R309 of the California Residential Code.

3. Throughout existing and new sections of an existing building where an additional story is added.

Exception: A building that contains a Group R, Division 3 occupancy that will not be more than three stories above grade plane in height shall comply with the automatic fire sprinkler system requirements of Section R313 R309 of the California Residential Code.

4. In additions to existing buildings equipped with an automatic fire sprinkler system.

5. Throughout existing and new sections of an existing building where there is an occupancy classification change resulting in a higher hazard as determined by Table 903.2(5).

Table 903.2(5)
Hazard Categories
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6. In buildings,
or portions
thereof,
where cellulose
nitrate film or
pyroxylin plastics are manufactured, stored or handled.

7. Throughout a manufactured home, multi-family manufactured home, commercial coach, or mobile home.

Exceptions:

1. A commercial coach where floor area does not exceed 1,000 square feet (92 m2).

2. A temporary commercial coach not equipped with automatic fire sprinklers.

3. A mobile home constructed before March 13, 2011 and not equipped with automatic fire sprinklers.

For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area within the surrounding exterior walls shall be considered as one building. For the purpose of calculating square footage for the application of fire sprinkler requirements and fire flow requirements, the floor area shall be as defined by Floor Area Gross found in Section 202 of this code. 903.2.1 through 903.2.11.3 not used. Text continues with Section 903.2.11.4.

U. Add Section 903.3.5.3 to read:
903.3.5.3 Minimum water supply. The minimum water supply for an automatic residential fire sprinkler system designed in accordance with Section R313 R309 of the California Residential Code or NFPA 13D shall be not less than a 1-inch nominal pipe size for the service lateral from the water main to the water meter location and not less than a 1-inch water meter.

V. Add Section 903.3.1011 to read as follows:
903.3.10 Exterior locations. Automatic fire sprinklers installed at exterior locations shall be approved corrosion-resistant devices.

W. Amend Section 905.3.1, with all Exceptions to remain unmodified, to read as follows:

Relative Hazard Occupancy Classifications
1 (Highest Hazard) H
2 I-2, I-3, I-4
3 A, E, I-1, M, R-1, R-2, R-4
4 B, F-1, R-3, S-1
5 (Lowest Hazard) F-2, S-2, U
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905.3.1 Building height and area. In other than Group R-3 and R-3.1 occupancies, Class III standpipe systems shall be installed throughout at each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet (9144 mm) above the lowest level of the fire department vehicle access.

2. Buildings that are four or more stories in height.

2. 3 Buildings where the floor level of the lowest story is located more than 30 feet (9144 mm) below the highest level of fire department vehicle access.

3. 4 Buildings that are two or more stories below the highest level of fire department vehicle access.

4. A parking structure.

A building that is greater than 20,000 square feet (1.858 m2) of floor area and greater than 18 feet (5.49 m) in height shall have a dry or wet standpipe system with a 2-½ inch (64 mm) outlet at the roof near the roof access. Location of the outlet and the fire department connection to the standpipe shall be labeled and approved by the fire code official.

X. Amend Section 907.6.6 to read as follows:
907.6.6 Monitoring. Fire alarm systems required by this chapter or by the California Fire Code shall be monitored by an approved supervising central station service listed by Underwriters Laboratory for receiving fire alarms in accordance with NFPA 72 and this section. The central station shall contact and notify the police/fire dispatch center immediately on notification of an alarm and prior to making contact with the protected premises.

Exception: Monitoring by a supervising central station is not required for:

1. Single- and multiple-station smoke alarms required by Section 907.2.11.

2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3

3. Automatic sprinkler systems in one- and two-family dwellings.

Y. Amend Section 2306.2.3 to read as follows:
2306.2.3 Above-ground tanks located outside, above grade. Above-ground tanks shall not be used for the storage and dispensing of Class I, II, or III liquid motor fuels except as provided by this section when approved by the fire code Attachment 2
Council Agenda 10-21-2025 12.B-68
Attachment 2
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official and in accordance with this Section, Section 5704.2.7 and Sections 5704.2.9.6 through 5704.2.9.6.3 and the stored fuels will not be offered for resale.

1. Above-ground tanks used for outside, above-grade storage of Class I liquids shall be listed and labeled as protected above-ground tanks in accordance with UL2085 and shall be in accordance with Chapter 57.

Such tanks shall be located in accordance with Table 2306.2.3.

2.Above-ground tanks used for outside, above-grade storage of Class II or IIIA liquids shall be listed and labeled as protected above-ground tanks in accordance with UL2085 and shall be installed in accordance with Chapter 57. Tank locations shall be in accordance with Table 2306.2.3.

Exception: Other above-ground tanks that comply with Chapter 57 where approved by the fire code official.

3. Tanks containing fuels shall not exceed 12,000 (45 420 L) 8,000 gallons (30 274 L) in individual capacity or 48,000 (181 680 L) 16,000 gallons (60 549 L) in aggregate capacity. Installations with the maximum allowable aggregate capacity shall be separated from other such installations by not less than 100 feet (30,480 mm).

4. Tanks located at farms, construction projects, or rural areas shall comply with Section 5706.2.

5.Above-ground tanks used for outside storage of Class IIIB liquid motor fuel shall be listed and labeled as protected above-ground tanks in accordance with UL 2085 and shall be installed in accordance with Chapter 57. Tank locations shall be in accordance with Table 2306.2.3.

Z.Amend Section 5504.3 to read as follows:
5504.3 Outdoor storage. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited, except when permitted by the City and approved by the fire code official. Where O outdoor storage of cryogenic fluids is allowed, containers of cryogenic fluids shall not be located within an area surrounded by a dike and containing other hazardous materials and shall be in accordance with Sections 5504.3.1 through 5504.3.1.2.3.

AA. Amend Section 5601.1.3 and add Section 5601.1.3.1 to read as follows:
5601.1.3 Fireworks prohibited. The possession, manufacture, storage, sale, handling and use of fireworks, including without limitation, “Safe and Sane” fireworks, are prohibited.

Exceptions: Use and handling of fireworks for professional display in Attachment 2
Council Agenda 10-21-2025 12.B-69
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accordance with Title 19, California Code of Regulations, Chapter 6 and with a written waiver from the Fire Code Official approving the public display.

1. Storage and handling of fireworks as allowed in Section 5604.

2. Manufacture, assembly and testing of fireworks as allowed in Section 5605 and Health and Safety Code Division 11.

3. The use of fireworks for fireworks displays, pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11.

4. The possession, storage, sale, handling and use of specific types of Division 1.4G fireworks where allowed by applicable laws, ordinances and regulations, provided such fireworks and facilities comply with NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR Parts 100-185, as applicable for consumer fireworks and Health and Safety Code Division 11.
5601.1.3.1 Seizure of Fireworks. The fire code official shall have the authority to seize, take and remove fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19, California Code of Regulations, Chapter 6 and California Health and Safety Code, Chapter 9.

BB. Amend Sections 5704.2.9.6 and 5704.2.9.6.1 to read as follows:
5704.2.9.6 Above-ground tanks outside of buildings. Above-ground tanks outside of buildings shall comply with Sections 5704.2.9.6.1 through 5704.2.9.6.3 and Section 2306.2.3.
5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I, and Class II, and Class III liquids in unprotected above-ground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which storage is prohibited. Tanks containing fuels shall not exceed 8,000 gallons (30 274 L) in individual capacity or 16,000 gallons (60 549 L) in aggregate capacity. Installations with the maximum allowable aggregate capacity shall be separated from other such installations by not less than 100 feet (30 480 mm).

CC. Amend Section 5706.2.4.4 to read as follows:
5706.2.4.4 Location where above-ground tanks are prohibited. The storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which storage is prohibited. Class II and III liquids may be stored in approved above-ground containers for the purpose of dispensing only at facilities complying to Section 5706.1 where no sales to the public occur. Above-ground tanks containing Class Attachment 2
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II and Class III liquids shall not exceed 2,000 gallons. Plans for the installation of above-ground tanks shall be submitted to the fire code official for approval and in conformance with applicable codes and standards. When required, a Conditional Use Permit shall be obtained from the City.

DD. Amend Section 6104.2 to read as follows:

6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7570 L) The installation of any liquefied petroleum gas tank over 500 gallons (1 892 L) water capacity is prohibited unless approved by the fire code official

Exception: In particular installations, this capacity limit shall be determined by the fire code official, after consideration of special features such as topographical conditions, nature of occupancy, proximity to buildings, capacity of proposed LP-gas containers, degree of fire protection to be provided and capabilities of the local fire department.

Chapter 15.04 GENERAL PROVISIONS

15.04.010 Adoption of construction codes.

Ten Eleven documents, each of which are on file in City offices, marked and designated as (1) the 2022 2025 edition of the California Building Code (Volumes 1 and 2) (Part 2 of Title 24 of the California Code of Regulations), (2) the 2022 2025 edition of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), (3) the 2022 2025 edition of the California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), (4) the 2022 2025 edition of the California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations), (5) the 2022 2025 edition of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), (6) the 2022 2025 edition of California Energy Code (Part 6 of Title 24 of the California Code of Regulations), (7) the 2025 edition of the California Wildland-Urban Interface Code (Part 7 of Title 24 of the California Code of Regulations), (7)(8) the 2022 2025 edition of the California Historical Building Code (Part 8 of Title 24 of the California Code of Regulations), (8)(9) the 2022 2025 edition of the California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations), (9)(10) the 2022 2025 edition of the California Green Building Standards Code (Part of Title 24 of the California Code of Regulations), and (10)(11) the 2021 2024 edition of the International Property Maintenance Code are hereby adopted, including chapters and sections of the 20212024 International Building Code, 20212024 International Residential Code, 20212024 Uniform Mechanical Code, 20212024 Uniform Plumbing Code, and 20202023 National Electrical Code not adopted by agencies of the State of California, and including appendices thereto, as the Building Construction Regulations of the City of Pismo Beach. The Attachment 2
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provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in this Chapter except as modified in Chapter 15.08.

15.04.020 Building Official designated.

The Building Official is hereby designated as the building official and code official for the City of Pismo Beach. Where the “authority having jurisdiction” is used in the adopted codes, it shall mean the building official.

15.04.030 Referenced Codes and Standards.

Where other codes and standards are referred to in the codes adopted in Section

15.04.010, the following shall apply:

A. International Building Code shall mean California Building Code or the California Residential Code, as applicable.

B. International Plumbing Code shall mean California Plumbing Code.

C. International Fuel Gas Code shall mean California Plumbing Code.

D. International Mechanical Code shall mean California Mechanical Code.

E. NFPA 70 and National Electrical Code shall mean California Electrical Code.

F. International Residential Code for One- and Two-family Dwellings shall mean the California Residential Code.

G. International Fire Code shall mean California Fire Code.

H. International Wildland-Urban Interface Code shall mean California Wildland- urban Interface Code.

I. International Existing Building Code shall mean the California Existing Building Code.

J. International Zoning Code shall mean applicable provisions of Chapters 16 and 17 of the City of Pismo Beach Municipal Code.

Chapter 15.08 CONSTRUCTION REGULATIONS

15.08.010 Amendments; California Building Code.

The California Building Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

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A. Delete Appendix A, B, D, F, K, M, N, and O.

B. Amend Section 101.1 to read as follows:

101.1 Title. These regulations shall be known as the California Building Code, hereinafter referred to as “this code.”

C. Amend Section 101.4 to read as follows:

101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.8 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each reference.

D. Add Section 101.4.8 101.4.9 to read as follows:

101.4.8 101.4.9 Electrical. The provisions of the California Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, and replacement of electrical equipment, appliances, fixtures, fittings and appurtenances thereto.

E. Amend Section 103.1 to read as follows:

103.1 Creation of enforcement agency. The Department of Building Safety Division is hereby created and the official in charge thereof shall be known as the building official.

F. Add Section 104.3.1 104.6.1 to read as follows:

104.3.1 104.6.1 Citations. The building official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

G. Add Section 104.12 104.10 to read as follows:

104.12 104.10 Discovery of archaeological resources. In the event archaeological resources are unearthed or discovered during any construction activities, the building official shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist and/or Native American, and disposition of artifacts may be accomplished in accordance with applicable laws and ordinances. If discovered archaeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the building official shall notify the county coroner.

If human remains are found to be of an ancient age and of archaeological and spiritual significance, the building official shall notify the Native American Heritage Commission.

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H. Amend Section 105.2 and the Building exemptions only to read as follows:
105.2 Work exempt from permit. Exemptions from permit requirements of this code 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. Permits shall not be required for the following:

Building:

1.One-story detached accessory structures used as tool and storage shed, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m2).

2. Fences not over 6 feet (1829 mm) high.

3. Oil derricks.

4. Retaining walls and non-retaining walls, including masonry and concrete free-standing walls, that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.

6.Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7.Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.

10.Shade cloth structures constructed for nursery or agriculture purposes, not including service systems.

11. Swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.

I.Amend Section 105.3.2 to read as follows:
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 365 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more Attachment 2
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extensions of time for additional periods not exceeding 90 days each. No extension of time granted by the building official shall extend the application beyond the effective date of the next edition of the triennial California Building Standards Code.

The extension shall be requested in writing and justifiable cause demonstrated. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

J. Add Section 109.2.1 to read as follows:
109.2.1 Plan Review Fees. When submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be in accordance with the schedule as established by the applicable governing body.

Separate plan review fees shall apply to permits for retaining walls and major drainage structures in conjunction with grading. For excavation and fill on the same site, the plan review fee for grading shall be based on the volume of excavation or fill, whichever is greater.

The plan review fees specified in this section are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees.

Where submittal documents are incomplete or changed so as to require additional plan review, or where the project involves deferred submittal items as defined in Section 107.3.4.1, an additional plan review fee may be charged at a rate established by the applicable governing body.

K. Amend Section 109.4 to read as follows:
109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. 109.4.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 109.4.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee established by the applicable governing body. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

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L. Delete the exception to Section 110.3.6.

110.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

Exception: Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly.

M. Add Section 112.4 to read as follows:

112.4 Underground utility services. All new electric, telephone, television, and other communication service connections, for all new, altered, or enlarged buildings shall be provided by underground wiring. Extension of electric or communication distribution lines to serve such projects shall be underground wiring.

Exceptions:

1. Replacement or relocation of electric service equipment served by existing overhead wiring.

2. Where determined by the building official to be impractical or infeasible within the standards and practices of the utility or other companies providing such services.

Where the utility or other company's distribution system is underground, the service lines shall terminate at a connection point designated by the utility company. Where the utility or other company's distribution is overhead, the service lines shall terminate as a pole riser on a pole designated by the utility company.

N. Amend Section 113.1 to read as follows:

113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code the California Building Standards Code and the International Property Maintenance Code, there shall be and is hereby created a Board of Appeals. Said Board shall also serve as the Housing Appeals Board and the Local Appeals Board referenced in the California Building Standards Code.

The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The Board of Appeals shall be appointed on an “as needed” basis by the applicable governing authority City Council and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. The fee for appeals shall be consistent with fees established by the applicable governing authority.

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113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code. For appeals relating to accommodations for the disabled, the authority of the board shall include the ability to authorize reasonable alternatives to disabled access requirements imposed by the California Building Standards Code so long as such alternatives provide substantially equivalent access to that required by such Code. 113.3 Qualifications. The board of appeals shall consist of five members who are qualified by experience and training to pass on matters pertaining to building construction and building service equipment and are not employees of the jurisdiction. For matters subject to the appeal process referenced in Section 1.9.1.5 of the California Building Code regarding accommodations for persons with physical disabilities, the board of appeals shall consist of two members experienced in construction, two members that are persons with disabilities as defined in the California Building Code, and one public member.

O. Amend Section 114.1 to read as follows:
114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. It shall be unlawful for any person, firm or corporation to use for habitation, storage or any structural purpose, any discarded, salvaged, abandoned or replaced travel trailer, trucking trailer, cargo container, streetcar, bus body, rail car or other vehicle body. It shall be unlawful for any person, firm or corporation to use a travel trailer or recreational vehicle for residential purposes, except in an approved campground or recreational vehicle park.

P. Amend Section 114.4 to read as follows:
114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of appeals within the time fixed herein, shall be subject to penalties as prescribed by law guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter

1.20 of the City of Pismo Beach Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a Attachment 2
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reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

Q. Amend Section 115.4 to read as follows:

115.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties as prescribed by law and code enforcement procedures set forth in Chapters 1.20, 1.24 and 1.28 of the City of Pismo Beach Municipal Code.

R. Amend Section 116.1 of to read as follows:

116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition.

Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section and the 2021 2024 edition of the International Property Maintenance Code, as adopted. A vacant structure that is not secured against entry shall be deemed unsafe.

S. Amend Section 502 to read as follows:

502.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property.

Address identification characters shall contrast with their background. Numbers shall not be spelled out. Address numbers shall be Arabic numbers or alphabetical letters. Each character shall be not less than 4 6 inches (102 152.4 mm) high for residential buildings and 8 inches (203.2 mm) for non-residential buildings, with a minimum stroke of 0.5 inch (12.7 mm), unless otherwise required to be greater in height or of reflective material as determined by the fire code official during the jurisdiction’s development review process for a specific project. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole other sign or means shall be used to identify the structure. Address identification shall be maintained.

T. Delete Sections 903.2 through 903.2.11.3. Add new Sections 903.2 and 903.2.1 through 903.2.11.3 to read as follows:

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Note: Existing Sections 903.2 through 903.2.11.3 list fire sprinkler requirements for each individual occupancy in a separate section (approximately 4 pages of code text). Since the amended section establishes fire sprinkler requirements for all buildings in one section, the “strikeout” sections are not reprinted here. 903.2 Where required. An approved automatic fire sprinkler system shall be installed:

1. Throughout new buildings.

Exceptions:

1. A single-story building that contains any occupancy other than Group R, H or I where floor area does not exceed 1000 square feet (92.9 m2).

2. A building containing a Group R, Division 3 occupancy not more than three stories above grade plane in height shall comply with the automatic fire sprinkler system requirements of Section R313 R309 of the California Residential Code.

3. A building that contains only a Group A, Division 5 occupancy.

Notwithstanding the foregoing exception, concession stands, retail areas, press boxes and other accessory use areas in excess of 1,000 square feet (92.9 m2) shall be provided with an automatic fire sprinkler system.

2. Throughout existing and new sections of an existing building where floor area is increased by 1000 square feet (92.9 m2) or where the floor area of a room or rooms altered exceeds fifty (50) percent of the existing building floor area. Increase in floor area and alterations shall be cumulative from January 1, 2008, with each issuance of a building permit, regardless of any change of ownership.

Exceptions:

1. Alterations limited to replacement of exterior coverings, windows, roofing, electrical services, sewer laterals, retaining walls, and routine plumbing, electrical and mechanical repairs.

2. A building containing a Group R, Division 3 occupancy not more than three stories above grade plane in height shall comply with the automatic fire sprinkler system requirements of Section R313 R309 of the California Residential Code.

3. Throughout existing and new sections of an existing building where an additional story is added.

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shall comply with the automatic fire sprinkler system requirements of Section R313 R309 of the California Residential Code.

4. In additions to existing buildings equipped with an automatic fire sprinkler system.

5. Throughout existing and new sections of an existing building where there is an occupancy classification change resulting in a higher hazard as determined by Table 903.2 (5).

Table 903.2(5)
Hazard Categories

6. In buildings, or portions thereof, where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled.

For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area within the surrounding exterior walls shall be considered as one building. For the purpose of calculating square footage for the application of fire sprinkler requirements and fire flow requirements, the floor area shall be as defined by Floor Area Gross found in Section 202 of this code. 903.2.1 through 903.2.11.3 not used. Text continues with Section 903.2.11.4.

U. Add Section 903.3.5.3 to read:
903.3.5.3 Minimum water supply. The minimum water supply for an automatic residential fire sprinkler system designed in accordance with Section R313 R309 of the California Residential Code or NFPA 13D shall be not less than a 1-inch nominal pipe size for the service lateral from the water main to the water meter location and not less than a 1-inch water meter.

V. Add Section 903.3.10 903.3.11 to read as follows:
903.3.10 903.3.11 Exterior locations. Automatic fire sprinklers installed at exterior locations shall be approved corrosion-resistant devices.

W. Amend Section 905.3.1, with all Exceptions to remain unmodified, to read as follows:

Relative Hazard Occupancy Classifications
1 (Highest Hazard) H
2 I-2, I-3, I-4
3 A, E, I-1, M, R-1, R-2, R-4
4 B, F-1, R-3, S-1
5 (Lowest Hazard) F-2, S-2, U
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905.3.1 Building height and area. In other than Group R-3 and R-3.1 occupancies, Class III standpipe systems shall be installed throughout at each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet (9144 mm) above the lowest level of the fire department vehicle access.

2. Buildings that are four or more stories in height.

2. Buildings where the floor level of the lowest story is located more than 30 feet (9144 mm) below the highest level of fire department vehicle access.

3. Buildings that are two or more stories below the highest level of fire department vehicle access.

4. A parking structure.

A building that is greater than 20,000 square feet (1.858 m2) of floor area and greater than 18 feet (5.49 m) in height shall have a dry or wet standpipe system with a 2-½ inch (64 mm) outlet at the roof near the roof access. Location of the outlet and the fire department connection to the standpipe shall be labeled and approved by the fire code official.

X. Amend Section 907.6.6 to read as follows:

907.6.6 Monitoring. Fire alarm systems required by this chapter or by the California Fire Code shall be monitored by an approved central station service listed by Underwriters Laboratory for receiving fire alarms in accordance with NFPA 72 and this section. The central station shall contact and notify the police/fire dispatch center immediately on notification of an alarm and prior to making contact with the protected premises.

Exception: Monitoring by a central station is not required for:

1. Single- and multiple-station smoke alarms required by Section 907.2.11.

2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3.

3. Automatic sprinkler systems in one- and two-family dwellings.

Y. Amend Section 1031.2 to delete exceptions 6 and 7 and read as follows:

1031.2 Where Required. In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be provided in Group R occupancies.

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Basements and sleeping rooms below the fourth story above grade plane shall not fewer than one exterior emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, emergency escape and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way.

Exceptions:

1. In Groups R-1 and R-2 occupancies constructed of Type I, Type IIA, Type IIIA or Type IV construction equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1.

2. Group R-2.1 occupancies meeting the requirements for delayed egress in accordance with Section1010.1.9.8 may have operable windows that are breakable in sleeping rooms permanently restricted to a maximum 4-inch open position.

3. Basements with a ceiling height of less than 80 inches (2032 mm) shall not be required to have emergency escape and rescue openings.

4. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior exit balcony that opens to a public way.

5. Basements without habitable spaces and having not more than 200 square feet (18.6 m2) in floor area shall not be required to have emergency escape and rescue openings.

6. In Group R-2.2 occupancies a certified fire escape is acceptable as a secondary means of egress for existing buildings for this section of the code.

Z. Add Section 1506.4 to read as follows:
1506.4 Wood shake and shingle roof covering limitations. Wood shake or shingle roof coverings shall not be installed on any building. A roof covering shall not be applied over existing wood shakes or shingles.

Exceptions: A wood shake or wood shingle system listed as a Class A- rated roof covering.

AA. Amend Section 3201.1 to read as follows:
3201.1 Scope. The provisions of this chapter and Chapter 12.32 of the Municipal Code shall govern encroachment of structures into the public right-of-way.

BB. Amend Section 3201.3 to read as follows:

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3201.3 Other laws. The provisions of this chapter shall not be construed to permit violation of other laws or ordinances regulating the use and occupancy of public property. The projection of any structure or portion thereof into a right-of-way shall be subject to an encroachment permit issued by the City of Pismo Beach, State of California, or other agency having jurisdiction over the public right-of-way.

CC. Amend Section 3201.4 to read as follows:

3201.4 Drainage. Drainage water collected from a roof, awning, canopy or marquee, and condensate from mechanical equipment shall not flow over a public walking surface unless specifically approved by the City Engineer.

DD. Delete Sections 3202.2.1, 3202.2.2 and 3202.2.3 and amend Section 3202.2 to read as follows:

3202.2 Encroachments above grade and below 8 feet in height.

Encroachments into the public right-of-way above grade and below 8 feet (2438 mm) in height shall be prohibited except as provided for in Sections 3202.2.1 through 3202.2.3. Doors, and windows and stairs shall not open or project into the public right-of-way.

3202.2.1 Steps. Steps shall not project more than 12 inches (305 mm) and shall be guarded by approved devices not less than 3 feet (914 mm) high, or shall be located between columns or pilasters.

3202.2.2 Architectural features. Columns or pilasters, including bases and moldings shall not project more than 12 inches (305 mm). Belt courses, lintels, sills, architraves, pediments and similar architectural features shall not project more than 4 inches (102 mm).

3202.2.3 Awnings. The vertical clearance from the public right-of-way to the lowest part of any awning, including valances, shall be 7 feet (2134 mm) minimum.

EE. Amend Section 3202.3.1 to read as follows:

3202.3.1 Awnings, canopies, marquees, roof overhangs, roof projections, and signs. Awnings, canopies, marquees, roof overhangs, roof projections and signs shall be constructed so as to support applicable loads as specified in Chapter

16. Roof overhangs or projections shall not be used for human occupancy.

Awnings, canopies, marquees, roof overhangs, roof projections and signs with less than 15 feet (4572 mm) clearance above the sidewalk shall not extend into or occupy more than two-thirds the width of the sidewalk measured from the building to the face of curb. Stanchions or columns that support awnings, canopies, marquees and signs shall not be located on the public right-of-way not less than 2 feet (610 mm) from the curb line.

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FF. Add Exception to Section 3202.3.2 to read as follows:
3202.3.2 Windows, architectural features and mechanical equipment. Where the vertical clearance above grade to projecting windows, architectural features or mechanical equipment is more than 8 feet (2438 mm), 1 inch (25 mm) of encroachment is permitted for each additional 1 inch of clearance above 8 feet (2438 mm), but the maximum encroachment shall be 4 feet (11219 mm).

Exception: For windows and architectural features projecting over a public sidewalk, the minimum vertical clearance may be 8 feet (2438 mm) for the maximum encroachment length of 4 feet (11219 mm) and the maximum projection shall be not less than 2 feet (610 mm) from the face of curb.

GG. Amend Appendix Section G104.1 G105.1 to read as follows:

G104.1 G105.1 Required Permit application and processing. Any person, owner, or owner’s authorized agent who intends to conduct any development in a flood hazard area shall first make application to the building official and shall obtain the required permit. The processing and administration of a permit application required in Section G104.1shall be as prescribed in Sections 105 and 107.

HH. Amend Appendix Section H101.2 to read as follows:

H101.2 Signs exempt from permits. The following signs are exempt from the requirement to obtain a permit from the building official before erection or alteration of a sign:

1. Painted non-illuminated Signs where a Planning Permit is not required.

2. Temporary signs announcing the sale or rent of property.

3. Signs erected by transportation authorities.

4. Projecting signs not exceeding 2.5 square feet (0.23 m 2).

5. The changing of moveable parts of an approved sign that is designed for such changes, or the repainting or repositioning of display matter shall not be deemed an alteration.

II. Add Appendix Section H106.3 to read as follows:

H106.3 Sign Operation. Illuminated signs shall remain off pending final inspection approval.

JJ. Add Appendix Sections J101.3 and J101.4 to read as follows:

J101.3 Hillsides. The term hillside area is defined as all properties with slopes of 10 percent or more. No grading shall commence on slopes greater than 30 percent, including but not limited to access roads and driveways unless approved by the Planning Commission or the City Council. The hillside development Attachment 2
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regulations of the city zoning ordinance and General Plan/Local Coastal Plan Policy C0-10 shall apply in addition to the standards and procedures set forth in this code for all properties in this category.

J101.4 Approval for building construction. Prior to commencement of any building construction, pursuant to a building permit for the graded site, a benchmark shall be provided to verify that the building site is graded in conformance with the approved grading plan. No building construction shall be started until the building official or city engineer has verified that the rough grading conforms to the approved plan, including any interim or permanent erosion control measures deemed necessary.

KK. Amend Appendix Section J103.2 and add Appendix Sections J103.3 and J103.4 to read as follows:

J103.2 Exempted Work. A grading permit shall not be required for the following:

1. Grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.

2. Excavation for construction of a structure permitted under this code.

3.Cemetery graves.

4. Refuse disposal sites controlled by other regulations.

5.Excavations for wells, or trenches for utilities.

6. Mining, quarrying, excavating, processing, or stockpiling of 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.

7. Exploratory excavations performed under the direction of a registered design professional.

8.An excavation which does not exceed fifty cubic yards and (1) is less than 2 feet (610 mm) in depth or (2) does not create a cut slope greater than 5 feet (1524 mm) in height and steeper than 1 unit vertical to 2 units horizontal.

9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical to 5 units horizontal, not intended to support structures on any one lot and does not obstruct a drainage course.

10. A fill less than 3 foot (38.3 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical to 5 units horizontal, not intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course.

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.

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J103.3 Early grading. A grading permit shall not be issued prior to issuance of a building permit for the project unless:

1. A tentative subdivision or tract map, use permit, architectural review commission project approval or similar authorization has been granted; and

2. Related street and utility grades have been established and approved; and

3. A surety bond in accordance with Section J103.4 is deposited to guarantee restoration of the site to a natural or other condition acceptable to the building official should the project not proceed to completion.

J103.4 Bonds. The building official may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions or restore a graded site to the original condition. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond.

The city engineer may require that bonds be posted to recover the full costs of any damage to public right-of-way which may occur because of the peculiar nature or large scope of the project, such as transportation of fill or heavy equipment on local streets not designed to accommodate the traffic.

LL. Amend Appendix Sections J104.2 to read as follows:

J104.2 Site plan requirements. In addition to the provisions of Appendix Section 107, a grading plan shall show the existing grade and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with the requirements of this code. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this code. The plans shall show existing drainage conditions and drainage devices and all proposed changes thereto. The plans shall include the location and dimension of all trees on the site to remain and to be removed which are 3 inches (76.2 mm) in diameter or larger at the trunk, measured at 4.5 feet (1.37 m) above ground level. A preservation plan shall be submitted for all trees to remain. The plans shall indicate where excess material, rocks, or rubble will be disposed of.

MM. Add Appendix Section J110.3 to read as follows:

J110.3 Other standards. Erosion control measures shall conform to the following standards and approval processes:

1. The City of Pismo Beach Storm Water Management Plan.

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2. The most current “Erosion and Sediment Control Field Manual” published by the California Regional Water Quality Control Board, San Francisco Bay Region.

3. NPDES permit requirements.

4. The 2022 2025 California Green Building Standards Code.

15.08.020 Amendments; California Residential Code.

The California Residential Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Delete Appendix AA, AB, AC, AD, AE, AF, AG, AI, AJ, AK, AL, AM, AN, AO, AP, AQ, AR, AT, AU, AV, AW, and AY AB, BB, BC, BD, BE, BG, BH, BI ,BJ, BK, BL, BM, BN, BO, CA, CB, CC, CE, CF, CG, CJ, CK, and NA through NL.

B. Amend Section R101.1 to read as follows:

R101.1 Title. These provisions shall be known as the California Residential Code for One- and Two-family Dwellings and shall be cited as such and shall be referred to herein as “this code”.

C. Amend Section R103.1 to read as follows:

R103.1 Creation of enforcement agency. The department of building safety Building Division is hereby created and the official in charge thereof shall be known as the building official.

D. Add Section R104.3.1 to read as follows:

R104.3.1 Citations. The building official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

E. Add Section R104.12 R104.10 to read as follows:

R104.12 R104.10 Discovery of archaeological resources. In the event archaeological resources are unearthed or discovered during any construction activities, the building official shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist and/or Native American, and disposition of artifacts may be accomplished in accordance with applicable laws and ordinances. If discovered archaeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the building official shall notify the county coroner.

If human remains are found to be of an ancient age and of archaeological and spiritual significance, the building official shall notify the Native American Heritage Commission.

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F. Amend Section R105.2 and the Building exemptions only to read as follows:

R105.2 Work exempt from permit. Permits shall not be required for the following.

Exemption from permit requirements of this code 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. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2).

2. Fences not over 7 6 feet (1829 mm) high.

3. Retaining walls and non-retaining walls, including masonry and concrete free-standing walls, that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

4. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1.

5. Sidewalks and driveways.

6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.

8. Swings and playground equipment.

9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

10. Decks not exceeding 200 square feet (18.58 m2) in area attached to a dwelling that are and not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.

G. Amend Section R105.3.2 to read as follows:

R105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 365 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 90 days each. No extension of time granted by the building official shall extend the application beyond the effective date of the next edition of the triennial California Building Standards Code. The extension shall be requested in writing and justifiable cause Attachment 2
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demonstrated. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

H. Add Section R108.2.1 to read as follows:

R108.2.1 Plan review fees. When submittal documents are required by Section R106.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be in accordance with the schedule as established by the applicable governing body.

Separate plan review fees shall apply to permits for retaining walls and major drainage structures in conjunction with grading. For excavation and fill on the same site, the plan review fee for grading shall be based on the volume of excavation or fill, whichever is greater.

The plan review fees specified in this section are separate fees from the permit fees specified in Section R108.2 and are in addition to the permit fees.

Where submittal documents are incomplete or changed so as to require additional plan review, an additional plan review fee may be charged at a rate established by the applicable governing authority.

I. Amend Section R108.6 to read as follows:

R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fees.

R108.6.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

R108.6.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

J. Add Section R111.4 to read as follows:

R111.4 Underground utility services. All new electric, telephone, television, and other communication service connections, for all new, altered, or enlarged buildings shall be provided by underground wiring. Extension of electric or Attachment 2
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communication distribution lines to serve such projects shall be underground wiring.

Exceptions:

1. Replacement or relocation of electric service equipment served by existing overhead wiring.

2. Where determined by the building official to be impractical or infeasible within the standards and practices of the utility or other companies providing such services.

Where the utility or other company's distribution system is underground, the service lines shall terminate at a connection point designated by the utility company. Where the utility or other company's distribution is overhead, the service lines shall terminate as a pole riser on a pole designated by the utility company.

K. Amend Section R112.1 to read as follows and delete Sections R112.2 through R112.4:

R112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals the provisions of Section 113 of the California Building Code, as amended, shall apply. The building official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.

R112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code.

R112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass judgement on matters pertaining to building construction and who are not employees of the jurisdiction.

R112.4 Administration. The building official shall take immediate action in accordance with the decision of the board.

L. Amend Section R113.1 to read as follows:

R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any Attachment 2
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building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. It shall be unlawful for any person, firm or corporation to use for habitation, storage or any structural purpose, any discarded, salvaged, abandoned or replaced travel trailer, trucking trailer, cargo container, streetcar, bus body, rail car or other vehicle body. It shall be unlawful for any person, firm or corporation to use a travel trailer or recreational vehicle for residential purposes, except in an approved campground or recreational vehicle park.

M. Amend Section R113.4 to read as follows:

R113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of appeals within the time fixed herein, shall be subject to penalties as prescribed by law subject to the penalty as provided for in Chapter 1.20 of the City of Pismo Beach Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

N. Amend Section R114.2 R114.4 to read as follows:

R114.2 R114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties prescribed by law and code enforcement procedures set forth in Chapters 1.20, 1.24 and 1.28 of the City of Pismo Beach Municipal Code.

O. Amend Section R319.1 R308.1to read as follows:

R319.1 R308.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in apposition that is visible from the street or road fronting the property. Address identification characters shall contrast with their background.

Numbers shall not be spelled out. Address numbers shall be Arabic numbers or alphabetical letters. Each character shall be not less than 4 6 inches (102 152.4 mm) high with a minimum stroke of 0.5 inch (12.7 mm), unless otherwise required to be greater in height or of reflective material as determined by the fire code official during the jurisdiction’s development review process for a specific project. Where required by the fire code official, address numbers shall be provided in additional Attachment 2
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approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole other sign or means shall be used to identify the structure.

Address identification shall be maintained.

P. Amend Section R313.2 R309.2 to read as follows:

R313.2 R309.2 One- and two-family dwellings automatic fire systems. An automatic residential fire sprinkler system shall be installed in one- and two- family dwellings.

Exceptions:

1. An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. Existing dwellings, not already provided with an automatic residential fire sprinkler system, where additions or alterations do not increase the existing floor area by more than 1,000 square feet (92.9 m2) or create an additional dwelling unit.

2. Accessory Dwelling Unit, provided that all of the following are met:

2.1 The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.

2.2 The existing primary residence does not have automatic fire sprinklers.

2.3 The accessory detached building does not exceed 1,200 square feet (111.5 m2) in size.

2.4 The unit is on the same lot as the primary residence.

Q. Amend Section R313.3.1.2 R309.3.1.2 to read as follows:

R313.3.1.2 R309.3.1.2 Required sprinkler locations. Sprinklers shall be installed to protect all areas of a dwelling unit.

Exceptions:

1. Attics, crawl spaces and normally unoccupied concealed spaces that do not contain fuel-fired appliances do not require fire sprinklers. In attics, crawl spaces and normally unoccupied concealed spaces that contain fuel-fired equipment, a sprinkler shall be installed above the equipment; however, sprinklers shall not be required in the remainder of the space.

2. Clothes closets, linen closets and pantries not exceeding 24 square feet (2.2 m2) in area, with the smallest dimension not greater than 3 feet (915 mm) and having wall and ceiling surfaces of gypsum board.

3. Bathrooms not more than 55 square feet (5.1 m2) in area.

4. Detached garages where the floor area does not exceed 1000 square feet (92.9 m2); carports with no habitable space above; open attached Attachment 2
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porches; unheated entry areas, such as mud rooms, that are adjacent to an exterior door; and similar areas.

R. Add Section R313.3.5.4 R309.3.5.4 to read:

R313.3.5.4 R309.3.5.4 Minimum water supply. The minimum water supply for an automatic residential fire sprinkler system designed in accordance with Section R313 or NFPA 13D shall be not less than a 1-inch nominal pipe size for the service lateral from the water main to the water meter location and not less than a 1-inch water meter.

S. Amend Section R310.1 R319.1 by deletion of Exception 2.

R310.1 R319.1 Emergency escape and rescue opening required. Basements, habitable attics and every sleeping room shall have not less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way.

Exceptions:

1. Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m2).

2. Where the dwelling or townhouse is equipped with an automatic sprinkler system installed in accordance with Section P2904, sleeping rooms in basements shall not be required to have emergency escape and rescue openings provided that the basement has one of the following:

2.1. One means of egress complying with Section R311 and one emergency escape and rescue opening.

2.2. Two means of egress complying with Section R311.

T. Add Section R312.1.5 R321.1.5 to read as follows:

R312.1.5 R321.1.5 Glazing. Where glass is used to provide a guard or as a portion of the guard system, the guard shall also comply with Section 2407 of the California Building Code. Where the glazing provided does not meet the strength and attachment requirements of Section 1607.7 of the California Building Code, complying guards shall also be located along glazed sides of open-sided walking surfaces.

U. Amend Section R341.1 to read as follows:

R341.1 General. The design and construction of pools and spas shall comply with the International Swimming Pool and Spa Code California Building Code and Appendix AX CI of this code.

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V. Add Section R904.5 to read as follows:

R904.5 Wood shake and shingle roof covering limitations. Wood shake or shingle roof coverings shall not be installed on any building. A roof covering shall not be applied over existing wood shakes or shingles.

Exception: A wood shake or wood shingle system listed as a Class A-rated roof covering complying with R902.2 of this code.

15.08.030 Amendments; California Existing Building Code.

The California Existing Building Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Delete Appendix Chapter A4.

B. Amend Section 101.1 to read as follows:
101.1 Title. These regulations shall be known as the California Existing Building Code, hereinafter referred to as “this code.”
C. Amend Section 103.1 to read as follows:
103.1 Creation of enforcement agency. The Department of Building Safety Division is hereby created and the official in charge thereof shall be known as the building official.

D. Add Section 104.3.1 104.6.1 to read as follows:
104.3.1 104.6.1 Citations. The building official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

E. Add Section 104.12 104.10 to read as follows:
104.12 104.10 Discovery of archaeological resources. In the event archaeological resources are unearthed or discovered during any construction activities, the building official shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist and/or Native American, and disposition of artifacts may be accomplished in accordance with applicable laws and ordinances. If discovered archaeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the building official shall notify the county coroner.

If human remains are found to be of an ancient age and of archaeological and spiritual significance, the building official shall notify the Native American Heritage Commission.

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F. Amend Section 105.3.2 to read as follows:
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 365 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 90 days each. No extension of time granted by the building official shall extend the application beyond the effective date of the next edition of the triennial California Building Standards Code. The extension shall be requested in writing and justifiable cause demonstrated. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

G. Add Section 108.2.1 to read as follows:
108.2.1 Plan Review Fees. When submittal documents are required by Section 106.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be in accordance with the schedule as established by the applicable governing body.

Separate plan review fees shall apply to permits for retaining walls and major drainage structures in conjunction with grading. For excavation and fill on the same site, the plan review fee for grading shall be based on the volume of excavation or fill, whichever is greater.

The plan review fees specified in this section are separate fees from the permit fees specified in Section 108.2 and are in addition to the permit fees.

Where submittal documents are incomplete or changed so as to require additional plan review, or where the project involves deferred submittal items as defined in Section 106.3.4, an additional plan review fee may be charged at a rate established by the applicable governing body.

H. Amend Section 108.4 to read as follows:
108.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. 108.4.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

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108.4.2 Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee established by the applicable governing body. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

I. Delete the exception to Section 109.3.5.
109.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

Exception: Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly.

J. Add Section 111.4 to read as follows:
111.4 Underground utility services. All new electric, telephone, television, and other communication service connections, for all new, altered, or enlarged buildings shall be provided by underground wiring. Extension of electric or communication distribution lines to serve such projects shall be underground wiring.

Exceptions:

1. Replacement or relocation of electric service equipment served by existing overhead wiring.

2. Where determined by the building official to be impractical or infeasible within the standards and practices of the utility or other companies providing such services.

Where the utility or other company's distribution system is underground, the service lines shall terminate at a connection point designated by the utility company. Where the utility or other company's distribution is overhead, the service lines shall terminate as a pole riser on a pole designated by the utility company.

K. Amend Section 112.1 to read as follows and delete Sections 112.2 and 112.3:
112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals the provisions of Section 113 of the California Building Code, as amended, shall apply. The board of appeals shall be appointed by the governing body and shall Attachment 2
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hold office at its pleasure. The board shall adopt rules of procedure for conducting its business.

112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code.

112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass judgement on matters pertaining to building construction and who are not employees of the jurisdiction.

L. Amend Section 113.1 to read as follows:

113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. It shall be unlawful for any person, firm or corporation to use for habitation, storage or any structural purpose, any discarded, salvaged, abandoned or replaced travel trailer, trucking trailer, cargo container, streetcar, bus body, rail car or other vehicle body. It shall be unlawful for any person, firm or corporation to use a travel trailer or recreational vehicle for residential purposes, except in an approved campground or recreational vehicle park.

M. Amend Section 113.4 to read as follows:

113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of appeals within the time fixed herein, shall be subject to penalties as prescribed by law subject to the penalty as provided for in Chapter 1.20 of the City of Pismo Beach Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

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N. Amend Section 114.4 to read as follows:
114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties as prescribed by law and code enforcement procedures set forth in Chapters 1.20, 1.24 and 1.28 of the City of Pismo Beach Municipal Code.

O. Amend Section 115.1 of to read as follows:
115.1 Unsafe Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section and the 2021 edition of the International Property Maintenance Code, as adopted. A vacant structure that is not secured against entry shall be deemed unsafe.

P. Amend Section A102.1 to read as follows:

A102.1 General. The provisions of this chapter shall apply to all existing buildings having at least one unreinforced masonry bearing wall. The elements regulated by this chapter shall be determined in accordance with Table A1-A. Except as provided herein, other structural provisions of the building code shall apply. This chapter does not apply to the alteration of existing electrical, plumbing, mechanical or fire safety systems.

Exceptions:

1. Warehouses or similar structures not used for human habitation unless housing emergency equipment or supplies.

2. A building having five living units or less.

3. A building previously strengthened to standards in effect at the time of strengthening.

Q. Add new Appendix Section A1115 entitled "Administrative Provisions" to read as follows:

SECTION A115 - ADMINISTRATIVE PROVISIONS
A115.1 Compliance requirements previously established (Ordinance 2022- 008). The city’s building stock and records were surveyed to identify buildings within the scope of this chapter, and said building owners were notified of the determination by notice and order sent by certified mail on dated January 11, 1990.

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analysis of the building to be made either by California-licensed engineer or architect. The engineer or architect may provide sufficient evidence to establish that the building is not within the scope of this chapter. The structural analysis shall be subject to the approval of the building official and shall be submitted in accordance with the following time limits:

1. By no later than February 1, 2011, a structural analysis and other substantial evidence which demonstrates that the building is not within the scope of this chapter shall be submitted.

2. By no later than February 1, 2011, a structural analysis and plans for alterations required to conform to this chapter shall be submitted.

3. By August 1, 2011, permits for the seismic retrofitting work necessary to achieve conformance with this chapter shall be obtained.

Where compliance with this chapter would displace low and moderate income residential uses, the building official may extend special and reasonable consideration to the time limits in this section so as to minimize the displacement of persons.

In order for an owner of a building within the scope of this chapter to comply with this chapter, the following elements shall be made to comply:

1. Unreinforced masonry walls to resist normal and in-plane seismic forces.

2. The anchorage and stability of exterior parapets and ornamentation.

3. The anchorage of unreinforced masonry walls to floors and roof.

4. Floor and roof diaphragms.

5. A complete bracing system to resist earthquake forces.

A115.1.1 Subsequent determinations. Where a building, not otherwise identified in the original inventory of buildings subject to Ordinance 2022-008, is determined to be within the scope of this chapter, the owner shall structurally alter the building to comply with this chapter within 180 days of receipt of a notice and order, or as otherwise determined by the building official.

A115.2 Notice and Order
A115.2.1 General. The building official shall, within 30 days of the determination that a building is of unreinforced masonry construction issue a notice and order as provided in this section to the owner of a building within the scope of this chapter.

A115.2.2 Service of notice and order. A notice or order issued pursuant to this section shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll, and upon the person, if any, in apparent charge or control of the building. The failure of any such person to receive such notice or order shall not affect the validity Attachment 2
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of any proceedings taken under this chapter or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter.

A115.2.3 Content of notice and order. The notice shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is subject to the minimum seismic standards of this chapter. The order shall direct the owner to obtain a building or demolition permit as required by this chapter and cause the building to be structurally altered to conform to the provisions of this chapter, or cause the building to be demolished. The notice or order shall be accompanied by a copy of Section A115.1, which sets forth the owner's responsibilities.

A115.3 Appeal. The owner of the building may appeal the building official's initial determination that the building is within the scope of this chapter to the Board of Appeals established by Section 113 of the California Building Code, as adopted.

Such appeal shall be filed with the Board within 60 days from the service date of the order described in Section A115.2. Any appeal shall be decided by the Board no later than 90 days after filing and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modifications from any other determinations, orders or actions by the building official pursuant to this chapter shall be made in accordance with the procedures established in Section 104.10 of the California Building Code.

A115.4 Recordation. At the time that the building official serves the aforementioned notice, the building official shall also file and record with the office of the county recorder a certificate stating that the subject building is within the scope of this chapter and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof will be ordered to structurally analyze the building to determine compliance with this chapter.

If the building is either demolished, found not to be within the scope of this chapter, or is structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or an analysis, the building official shall file and record with the office of the county recorder a form terminating the status of the subject building as being classified within the scope of this chapter.

A115.5 Enforcement. If the owner in charge or control of the subject building fails to comply with any order issued by the building official pursuant to this chapter within the time limit set forth in Section A115.1, the building official shall verify that the record owner of this building has been properly served. If the order has been served on the record owner, then the following provisions apply:

1. The building official may order that the entire building be vacated and that the building remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated or such additional Attachment 2
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time as may have been granted by the Board of Appeals, the building official may order its demolition in accordance with the provisions of Sections 107, 108, 109 and 110 of the International Property Maintenance Code.

2. Any person who violates any provision of this chapter is subject to the penalty as provided for in Chapter 1.20 of the City of Pismo Beach Municipal Code.

15.08.040 Amendments; California Mechanical Code.

The California Mechanical Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Delete Division II of Chapter 1 and Table 104.5, and Appendices A, B, C, D, E, F, and G.

B. Administration of the mechanical code shall be as set forth in Division II of Chapter 1 of the California Building Code.

15.08.050 Amendments; California Plumbing Code.

The California Plumbing Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Delete Division II of Chapter 1 and Appendices C, E, F, G, K, and L.

B. Administration of the plumbing code shall be as set forth in Division II of Chapter 1 of the California Building Code.

C. Amend Section 1501.3 to read as follows by deletion of Exception:
1501.3 Permit. It shall be unlawful for a person to construct, install, alter, or cause to be constructed, installed, or altered an alternate water source in a building or on a premise without first obtaining a permit to do such work. Prior to commencing the issuance of permits for indoor gray water systems pursuant to state requirements relating to gray water, a city, county, or city and county or other local agency shall seek consultation with the local public health department to ensure that local public health concerns are addressed in local standards or ordinances, or in issuing permits. See California Water Code Section 14877.3.

Exception: [HCD 1] A construction permit shall not be required for a clothes washer system meeting the requirements of Section 1602.1.1.

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D. Amend Section 1503.1.1 to read as follows:
1503.1.1 Clothes Washer System. A clothes washer system in compliance with all of the following is not exempt from the construction permit specified in Section

1.8.4.1 and shall not be installed or altered without a construction permit and shall comply with this chapter and the following:
(1) If required, notification has been provided to the enforcing agency regarding the proposed location and installation of a gray water irrigation or disposal system.
(2) The design shall allow the user to direct the flow to the irrigation or disposal field or the building sewer. The direction control of the gray water shall be clearly labeled and readily accessible to the user.
(31) The installation, change, alteration or repair of the system does not include a potable water connection or a pump and does not affect other building, plumbing, electrical, or mechanical components including structural features, egress, fire-life safety, sanitation, potable water supply piping, or accessibility.

Note: The pump in a clothes washer shall not be considered part of the gray water system.
(42) The gray water shall be contained on the site where it is generated. (53) Gray water shall be directed to and contained within an irrigation or disposal field.
(64) Ponding or runoff is prohibited and shall be considered a nuisance. (7) Gray water may be released above the ground surface provided at least two (2) inches (52 mm) of mulch, rock, or soil, or a shield covers the release point. Other methods which provide equivalent separation are also acceptable.
(85) Gray water systems shall be designed to minimize contact with humans and domestic pets.
(9) Water used to wash diapers or similarly soiled or infectious garments shall not be used and shall be diverted to the building sewer. (10) Gray water shall not contain hazardous chemicals derived from activities such as cleaning car parts, washing greasy or oily rags, or disposing of waste solutions from home photo labs or similar hobbyist or home occupational activities.

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(11) Exemption from construction permit requirements of this code shall not be deemed to grant authorization for any gray water system to be installed in a manner that violates other provisions of this code or any other laws or ordinances of the enforcing agency.
(12) An operation and maintenance manual shall be provided to the owner.

Directions shall indicate that the manual is to remain with the building throughout the life of the system and upon change of ownership or occupancy.

E. Amend Section 1503.7 to read as follows:
1503.7 Drawings and Specifications. The Authority Having Jurisdiction may require the following information to be included with or in a plot plan before a permit is issued for a gray water system, or at a time during construction thereof:
(1) Plot plan drawn to scale and completely dimensioned, showing lot lines and structures, direction and approximate slope of surface, location of present or proposed retaining walls, drainage channels, water supply lines, wells, paved areas and structures, number of bedrooms and plumbing fixtures in each structure, location of private sewage disposal system or building sewer connecting to the public sewer, and location of the proposed gray water system.
(2) Details of construction necessary to ensure compliance with the requirements of this chapter, together with a full description of the complete installation, including installation methods, construction, and materials.
(3) Details for holding tanks shall including dimensions, structural calculations, bracings, and such other pertinent data as required. (4) A log of soil formations and groundwater level as determined by test holes dug in proximity to proposed irrigation and/or disposal area, together with a statement an analysis of water absorption characteristics of the soil and underground movement of water at the proposed site as determined by approved percolation tests a professional geotechnical engineer duly licensed as such by the State of California.

Exceptions:
a. The Authority Having Jurisdiction shall permit the use of Table 1602.10 in lieu of percolation tests.
b. The Enforcing Agency may waive the requirement for
identification of groundwater level and/or soil absorption qualities based on knowledge of local conditions.

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c. The absence of groundwater in a test hole three (3) vertical feet (915 mm) below the deepest irrigation or disposal point shall be sufficient to satisfy this section unless seasonal high groundwater levels have been documented to rise to within this area.
(5) Distance between the plot and surface waters such as lakes, ponds, rivers, or streams, and the slope between the plot and the surface water, where in close proximity.

15.08.060 Amendments; California Electrical Code.

The California Building Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Annexes are informative only and not adopted.

B. Administration of the electrical code shall be as set forth in Division II of Chapter 1 of the California Building Code.

C. Amend Section 230.70(A) (1) to read as follows:
(1)Readily Accessible Location. The service disconnecting means shall be installed at a readily accessible location either outside the building or other structure, or inside nearest the point of entrance of the service conductors.

The disconnecting means shall be accessible to emergency personnel, either directly or by a remote actuating device, without requiring transit of the building interior. Dedicated electrical equipment rooms located at the building perimeter and providing direct access to the outside shall satisfy accessibility for emergency personnel.

15.08.070 Amendments; International Property Maintenance Code.

The International Property Maintenance Code adopted in Section 15.04.010 is modified, amended and/or supplemented as follows:

A. Amend Section 101.1 to read as follows:
101.1 Title. These regulations shall be known as the International Property Maintenance Code of Pismo Beach, hereinafter referred to as “this code”.

B. Amend Section 102.3 to read as follows:
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Fuel Gas Code, Attachment 2
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International Mechanical Code, and the ICC Electrical Code California Building Standards Code and other applicable laws and ordinances. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code.

C. Amend Section 103.1 to read as follows:
103.1 General. The department office of property maintenance inspection hereby created and the executive official in charge thereof shall be known as the code official.

D. Amend Section 104.1 to read as follows:
104.1 Fees. The fees for activities and services performed by the department in carrying out its responsibilities code official under this code shall be as indicated in the following schedule in accordance with the schedule as established by the applicable governing authority.

E. Add Section 105.5.1 to read as follows:
105.5.1 Citations. The code official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

F. Delete Section 107 106, and Add New Section 106 Titled Board of Appeals to read as follows:
108.1 106.1 Membership of board. The board of appeals shall consist of a minimum of three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms be the board of appeals established in Section 113 of the California Building Code as amended in Section 15.08.010 of the Pismo Beach Municipal Code.

G. Amend Section 109.4 107.4 to read as follows:
109.4 107.4 Violation penalties. Any person who shall violates a provision of this code or fails to comply therewith, or with any of the requirements thereof or who fails to comply with an order as affirmed or modified by the board of appeals within the time fixed herein, shall be prosecuted within the limits provided by state or local laws subject to the penalty as provided for in Chapter 1.20 of the City of Pismo Beach Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct Attachment 2
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or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

H. Amend Section 110.4 108.4 to read as follows:
110.4 108.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than (AMOUNT) dollars or more than (AMOUNT) dollars subject to the penalties and code enforcement procedures set forth in Chapters 1.20, 1.24 and 1.28 of the City of Pismo Beach Municipal Code.

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DISCUSSION OF AMENDMENTS
2025 Building and Fire Codes
PROPOSED CHAPTERS 8.04, 8.08, 15.04, and 15.08

OF THE PISMO BEACH MUNICIPAL CODE
Chapter 8.04 GENERAL PROVISIONS

8.04.010 Adoption of Fire Code.

The 2025 edition of the California Fire Code (CFC) is adopted, replacing the 2022 edition of the code and the 2025 edition of the California Wildland-Urban Interface Code is adopted.

8.04.020 Fire code official designated.

The Fire Chief is hereby designated as the fire code official for the City of Pismo Beach.

The CFC provides authority for the fire code official to appoint appropriate designees and deputies necessary to enforce the provisions of the CFC.

8.04.030 Referenced codes and standards.

This section is added to specify the proper reference to the applicable California code if a reference was overlooked in the CFC during the State adoption process.

Chapter 8.08 FIRE PREVENTION REGULATIONS

8.08.010 Amendments; California Fire Code.

A. Appendix Chapters specifying qualifications for members of the Board of Appeals, additional criteria for fire apparatus roads, suggested hazard categories, weight and volume equivalents of cryogenic fluids, suggested hazardous materials management plans, building signage, requirements for ambulatory care facilities, firefighter air replenishment systems, retroactive fire sprinklers for high-rise buildings, and temporary haunted house uses are covered elsewhere, not adopted by the State, or inappropriate and are not adopted.

B. Section 101.1 is modified to properly refer to the fire code as the California Fire Code.

C. Section 102.3 amended to reference the California Building Code for evaluating a change of occupancy and requires the fire code official and the building official to concur regarding exceptions.

D. Section 103.1 is modified to reference the entity within the jurisdiction organization responsible for administering the fire code.

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E. Section 103.3.1 is added to note the “peace officer” authority available to the fire code official and designees for enforcement of fire code provisions.

F. Section 104.5.1 is added to provide the fire code official the ability to issue a citation for a violation of the code.

G. Section 105.3.3 contains added text to clarify approvals and conditions required for the inspection process.

H. Section 105.6.26 is added to reference the additional requirements for commercial barbecue pits found in Chapter 8.36 of the Municipal Code.

I. Section 112.1 is amended to clarify staff support, appointment criteria, and appeal fees for the fire code board of appeals.

J. Section 113.4 is amended to reference the penalties of Chapter 1.20 of the Municipal Code as an enforcement tool for achieving compliance with the fire code.

K. Section 114.4 is expanded to include the administrative citation provisions of the Municipal Code as an additional enforcement tool to achieve compliance with the fire code.

L. Section 405.8 modified to add notification procedures for emergency evacuation drills.

M. Section 503.1.2.1 is added to establish the maximum length of a dead-end road to be used for access by fire apparatus.

N. Section 503.2.7 is amended to limit the slope of access roads for fire apparatus.

O. Section 504.3 is amended to require a stairway or other approved access to the roof for emergency personnel for all new buildings two or more stories above grade.

P. Section 505.1 is amended to require larger address numbers and to provide the fire code official with authority to require even larger address numbers and/or numbers of reflective material if required for emergency identification by emergency personnel. Section 505.1.1 is added to provide the fire code official authority to require additional directories and directional signage for a building.

Q. The exception to Section 507.5.1 is modified to correctly reference the applicable code and section in the CRC that requires fire sprinklers in order to allow the greater access distance to a fire hydrant.

R. Section 605.1.3 is amended to delete the provision to utilize waste crankcase oil as an acceptable fuel oil.

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S. Section 605.8 is expanded to require a permanent marking on a gas meter to indicate which building is served by the meter.

T. Section 903.2 establishes where a fire sprinkler system is required. The provisions found here are identical to amended sprinkler requirements found in the CBC. Fire sprinkler requirements for one- and two-family dwellings are found in Section R309 of the California Residential Code.

Item 1 requires fire sprinklers in all new buildings. If the occupancy of a building is other than an apartment building, hotel, hazardous use, or institutional (hospital, nursing home) and the floor area does not exceed 1,000 square feet, fire sprinklers are not required. Fire sprinklers are not required in outdoor structures such as grandstands and stadiums, except areas within those structures exceeding 1,000 square feet that are used as a concession stand, retail sales area, etc. An exception references the CRC for fire sprinkler requirements in one- and two-family dwellings.

Item 2 requires fire sprinklers in both existing and new portions of a building when the floor area of an addition exceeds 1,000 square feet. Also, the text defines the “area of alterations” used for triggering fire sprinklers where altered floor area exceeds 50%. Alterations will not trigger the fire sprinkler requirement if the work is limited to replacement of exterior coverings, roofing, electrical services, sewer laterals and routine plumbing, electrical and mechanical repairs. An exception refers to the CRC for fire sprinkler requirements in one- and two-family dwellings.

Item 3 requires fire sprinklers when a story is added to a building. An exception refers to the CRC for fire sprinkler requirements when a story is added to a one- or two- family dwelling.

Item 4 requires fire sprinklers in an addition to an existing building already equipped with fire sprinklers.

Item 5 requires fire sprinklers where occupancy of an existing building is changed to a more hazardous use. A table is added to specify the hazard of an occupancy compared to other occupancies.

Fire sprinkler requirements in item 6 apply to theaters and storage areas where movie film is used or handled.

Item 7 requires new manufactured homes and mobile homes manufactured after March 12, 2011 to be equipped with an operational fire sprinkler system.

U. Section 903.3.5.3 is added to specify the minimum water service size required to serve a one-family or two-family dwelling. This specification simplifies the design criteria for an automatic fire sprinkler system where the water supply serves both domestic and fire sprinkler systems.

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V. Section 903.3.11 is added to require fire sprinkler heads at exterior locations that will resist the corrosive effects of a marine environment.

W. Section 905.3.1 is amended to require a standpipe system for fire protection in any parking structure, and a new amendment requires a standpipe connection at the roof where a new building is greater than 20,000 square feet and greater than 18 feet in height.

X. Section 907.6.6 is amended to clarify approval procedure for central fire alarm monitoring stations.

Y. Section 2306.2.3 is amended to limit the use of above-ground storage tanks where liquid motor fuel is dispensed. When allowed, the maximum size of individual tanks is reduced from 12,000 gallons to 8,000 gallons, and aggregate tank capacity is reduced from 48,000 gallons to 16,000 gallons.

Z. Section 5504.3 is amended to prohibit containers of cryogenic fluids from being stored together with other hazardous materials in a diked area.

AA. Section 5601.1.3 is amended to continue prohibition of the use, possession, sale and handling of fireworks unless as a public display in accordance with Fire Code Official approval. Section 5601.1.3.1 is added to authorize the fire code official to seize fireworks in violation of codes.

BB. Sections 5704.2.9.6 and 5704.2.9.6.1 are modified to specify tank type and size allowed for storage of certain liquids in above-ground tanks outside of a building.

CC. Section 5706.2.4.4 is modified to specify tank type and size allowed for storage of certain liquids in above-ground tanks outside of a building.

DD. Section 6104.2 is amended to prohibit the installation of a liquefied petroleum gas tank, unless otherwise approved by the fire code official.

Chapter 15.04 GENERAL PROVISIONS

15.04.010 Adoption of construction codes.

The 2025 editions of the California Building Code (CBC), Residential Code (CRC), Electrical Code (CEC), Mechanical Code (CMC), Plumbing Code (CPC), Energy Code, Historical Building Code, Wildland-Urban Interface Code, Existing Building Code, and Green Building Standards Code are adopted in this section, including appendices, replacing the 2022 editions. The 2024 edition of the International Property Maintenance Code (IPMC) is also adopted in this section, replacing the 2021 edition.

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15.04.020 Building Official designated.

This section names the responsible staff person referenced throughout the construction and property maintenance codes. The CBC provides authority to the building official to appoint deputies, plans examiners, building inspectors and other employees necessary to enforce the provisions of the construction codes.

15.04.030 Referenced Codes and Standards.

This section is added to specify the proper reference to the applicable California code if a reference was overlooked in the various codes during the State adoption process.

Chapter 15.08 CONSTRUCTION REGULATIONS

15.08.010 Amendments; California Building Code.

A. Appendix Chapters involving qualifications of building inspectors and plans examiners, qualifications for members of the Board of Appeals, establishment of fire districts, and requirements for rodent proofing, tsunami flood hazards, replicable buildings, and emergency housing are covered elsewhere, not adopted by the State, or inappropriate and are not adopted.

B. Section 101.1 is modified to properly cite the code as the California Building Code.

C. Section 101.4 is modified to include reference to Section 101.4.8 (see item D).

D. Section 101.4.9 is added to reference the California Electrical Code as the applicable code governing all electrical, thereby correcting an oversight in the publishing process.

E. Section 103.1 is modified to reference the entity within the jurisdiction organization responsible for administering the construction codes.

F. Section 104.6.1 is added to provide the building official the ability to issue a citation for a violation of the code.

G. Section 104.10 is added to establish procedures to be followed when archeological resources are discovered during construction activities.

H. Section 105.2 is modified to specify that fences over 6 feet in height are not exempt from a permit and that free-standing masonry and concrete walls over 3 feet in height above grade are not exempt from a permit.

I. Section 105.3.2 is modified to simplify management of permit applications by establishing a permit application to be valid for one year before expiration, with Council Agenda 10-21-2025 12.B-111
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time extensions granted by the building official as long as a time extension is not beyond the effective date of the next edition of the California Building Standards Code.

J. Section 109.2.1 establishes the plan check fee assessment criteria missing in the new code.

K. Section 109.4 is amended to establish an investigation fee for work started without a permit.

L.Section 110.3.6 is amended to delete the exception for required inspection of lath and gypsum wallboard. Verification of proper attachment of these products is considered essential regardless of the type of assembly.

M.Section 112.4 is added to require new electric and communication service connections to be provided by underground wiring, with some exceptions allowed. This amendment is consistent with underground utility requirements in other parts of the Municipal Code and General Plan provisions.

N. Section 113 is modified to allow one Board of Appeals to serve as the appeals board for all codes adopted under Section 15.08.010. This combination provision will reduce the number of volunteer board members required, which is often a difficult recruiting process. This section also sets the number of Board members at five, or seven for disabled access issues.

O.Section 114.1 is amended to prohibit the use of a travel, trucking trailer, cargo container, or rail car for habitation, storage or any structural purpose. A travel trailer or recreational vehicle is prohibited from being used for residential purposes unless located in an approved campground or recreational vehicle park.

P.Section 114.4 is modified to include reference to penalties found elsewhere in the Municipal Code to aid enforcement.

Q. Section 115.4 is modified to include reference to code enforcement procedures found elsewhere in the Municipal Code to aid enforcement.

R. Section 116.1 is modified to reference the International Property Maintenance Code for procedures to order removal or repair of unsafe building conditions.

S.Section 502.1 is amended to require larger address numbers and to provide the fire code official with authority to require even larger address numbers and/or numbers of reflective material if required for emergency identification by emergency personnel. Amended requirements in this section are identical to amendments in the Fire Code.

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T. Section 903.2 establishes where a fire sprinkler system is required. The provisions found here are identical to amended sprinkler requirements found in the CFC, except for item 7 because manufactured homes and mobile homes, typically located in mobile home parks, are not governed by the CBC or the CRC. Fire sprinkler requirements for one- and two-family dwellings are found in Section R309 of the California Residential Code.

Item 1 requires fire sprinklers in all new buildings. If the occupancy of a building is other than an apartment building, hotel, hazardous use, or institutional (hospital, nursing home) and the floor area does not exceed 1,000 square feet, fire sprinklers are not required. Fire sprinklers are not required in outdoor structures such as grandstands and stadiums, except areas within those structures exceeding 1,000 square feet that are used as a concession stand, retail sales area, etc. An exception references the CRC for fire sprinkler requirements in one- and two-family dwellings.

Item 2 requires fire sprinklers in both existing and new portions of a building when the floor area of an addition exceeds 1,000 square feet. Also, the text is slightly modified to more clearly define the “area of alterations” used for triggering fire sprinklers where altered floor area exceeds 50%. Alterations will not trigger the fire sprinkler requirement if the work is limited to replacement of exterior coverings, roofing, electrical services, sewer laterals and routine plumbing, electrical and mechanical repairs. Also added to Item 2 is an exception that refers to the CRC for fire sprinkler requirements in one- and two-family dwellings.

Item 3 requires fire sprinklers when a story is added to a building. An exception refers to the CRC for fire sprinkler requirements when a story is added to a one- or two- family dwelling.

Item 4 requires fire sprinklers in an addition to an existing building already equipped with fire sprinklers.

Item 5 requires fire sprinklers where occupancy of an existing building is changed to a more hazardous use. A new table is added in this amendment cycle to specify the hazard of an occupancy compared to other occupancies.

Fire sprinkler requirements in item 6 typically apply to theaters and storage areas where movie film is used or handled.

U. Section 903.3.5.3 is added to specify the minimum water service size required to serve a one-family or two-family dwelling. This specification simplifies the design criteria for an automatic fire sprinkler system where the water supply serves both domestic and fire sprinkler systems.

V. Section 903.3.11 is added to require fire sprinkler heads at exterior locations that will resist the corrosive effects of a marine environment.

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W. Section 905.3.1 is amended to require a standpipe system for fire protection in any parking structure, and a new amendment requires a standpipe connection at the roof where a new building is greater than 20,000 square feet and greater than 18 feet in height.

X.Section 907.6.6 is amended to clarify approval procedure for central fire alarm monitoring stations.

Y. Section 1031.2 is amended to retain the requirement for emergency escape and rescue openings at basement sleeping rooms. This section is modified in the 2025 CBC to delete emergency escape and rescue openings in basement sleeping rooms; no justification for such change from prior code editions is apparent, and the building official and fire code official are not comfortable compromising this important life safety code provision.

Z.Section 1506.4 is added to prohibit the installation of wood shingles or wood shakes, unless it is a Class A fire-resistance-rated system.

AA. Section 3201.1 is amended to reference Chapter 12.32 of the Municipal Code for regulations governing encroachment of structures into the right-of-way.

BB. Section 3201.3 is modified to reference other permits and approvals that may be necessary for any structure projecting into the right-of-way.

CC. Section 3201.4 is amended to allow drainage from a roof to flow over the public sidewalk if approved by the City Engineer.

DD. Section 3202.2 is amended to prohibit building encroachment into the right-of- way above grade and below 8 feet in height. This section is modified in this code cycle to prohibit balconies projecting into the right-of-way.

EE. Section 3202.3.1 is amended to include roof overhangs and roof projections that project over the right-of-way 8 feet or more above grade, and limits the projection to two-thirds of the width of the sidewalk measured from the building to face of curb. Supports for such projections are prohibited in the right-of-way. This section is modified in this code cycle to prohibit roof overhangs that may be part of a roof deck intended for human occupancy.

FF. An exception is added to Section 3202.3.2 to allow windows and similar features that are at 8 feet above grade to project into the right-of-way up to 4 feet.

GG. Appendix Section G105.1 is modified to allow the administrative provisions of the CBC found in Chapter 1 to govern the permitting process in a flood hazard area.

HH. Appendix Section H101.2 is modified to eliminate exemption of certain signs from the permitting process to avoid conflict with Planning Permit requirements.

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II. Appendix Section H106.3 Added to require Final Inspection prior to operation of an electric sign.

JJ. Appendix Sections J101.3 is added to prohibit grading on slopes greater than 30 percent unless approved by the Planning Commission or City Council. This section also references the zoning ordinance and the General Plan for additional grading requirements. Appendix Section J101.4 is added to require that a graded site be certified to verify compliance with the grading plan prior to commencement of building construction.

KK. Appendix Section J103.2 clarifies that a grading permit is not required for work that does not exceed 50 cubic yards of, excavation less than 2 feet, and fill less than 1 foot, subject to limitations. Appendix Sections J103.3 and J103.4 are added to require a guarantee (bond) for grading prior to the issuance of a grading permit to ensure elimination of hazardous conditions or restoration of the graded site if the project fails to proceed to the issued building permit stage.

LL. Appendix Section J104.2 is amended to require that a grading plan include drainage conditions and devices and the location of existing trees on the site that are 3 inches or greater in diameter, together with a tree preservation plan.

MM. Appendix Section J110.3 is added to provide reference to additional erosion control regulations contained in other documents.

Section 15.08.020 Amendments; California Residential Code.

A. Appendix chapters pertaining to gas pipe sizing, sizing of appliance venting, safety inspection of appliances, manufactured housing, radon control, private sewage disposal, existing buildings, sound transmission, permit fees, home day care use, venting methods, vehicular gates, sizing of water piping systems, straw/clay construction, testing for atmospheric venting systems, solar-ready provisions, swimming pool safety, and the central valley flood protection plan are covered elsewhere, not adopted by the State, or inappropriate and are not adopted.

B. Section R101.1 is amended to properly cite the code as the California Residential Code.

C. Section R103.1 is modified to reference the entity within the jurisdiction organization responsible for administering the construction codes.

D. Section R104.3.1 is added to provide the code official authority to issue a citation for a code violation.

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E. Section R104.10 is added to establish procedures to be followed when archeological resources are discovered during construction activities.

F. Section R105.2, item 2 is revised limit permit exempt fences to 6 feet in height for consistency with Planning regulations; item 3 is amended to require a permit for free-standing masonry and concrete walls over 3 feet in height above grade; and item 10 is revised to exempt a detached deck not greater than 30 inches above grade from permit requirements.

G. Section R105.3.2 is modified to simplify management of permit applications by establishing a permit application to be valid for one year before expiration, with time extensions granted by the building official as long as a time extension is not beyond the effective date of the next edition of the California Building Standards Code.

H. Section R108.2.1 establishes the plan check fee assessment criteria found in prior code, but inadvertently missing in the new code.

I. Section R108.6 is amended to establish an investigation fee for work started without a permit as found in the previous code.

J. Section 111.4 is added to require new electric and communication service connections to be provided by underground wiring, with some exceptions allowed. This amendment is consistent with underground utility requirements in other parts of the Municipal Code and General Plan provisions.

K. Section R112.1 is amended to reference Section 113 of the CBC for board of appeals issues.

L. Section R113.1 is amended to prohibit the use of a travel, trucking trailer, cargo container, or rail car for habitation, storage or any structural purpose. A travel trailer or recreational vehicle is prohibited from being used for residential purposes unless located in an approved campground or recreational vehicle park.

M. Section R113.4 is modified to include reference to penalties found elsewhere in the Municipal Code to aid enforcement.

N. Section R114.4 is modified to include reference to penalties and code enforcement procedures found elsewhere in the Municipal Code to aid enforcement.

O. Section R308.1 is amended to require larger address numbers and to provide the fire code official with authority to require even larger address numbers and/or numbers of reflective material if required for emergency identification by emergency Council Agenda 10-21-2025 12.B-116
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personnel. Amended requirements in this section are identical to amendments in the Fire Code.

P. The Exception 1 to Section R309.2 exempts existing one- and two-family dwellings from providing an automatic fire sprinkler system unless an addition exceeds 1,000 square feet or an additional dwelling unit is created. Exception 2 exempts Accessory Dwelling Units from providing an automatic fire sprinkler system if the unit meets the definition of Accessory Dwelling Unit, does not exceed 1,200 square feet in size, and is located on the same lot as the primary residence not equipped with an automatic fire sprinkler system.

Q. Exception 4 to Section R309.3.1.2 is modified to exempt a detached residential garage not exceeding 1,000 square feet from fire sprinkler requirements.

R. Section R309.3.5.4 is added to specify the minimum water service size required to serve a one-family or two-family dwelling. This specification simplifies the design criteria for an automatic fire sprinkler system where the water supply serves both domestic and fire sprinkler systems.

S. Section R319.1 is amended to retain the requirement for emergency escape and rescue openings at basement sleeping rooms. This section is modified in the 2025 CRC to delete emergency escape and rescue openings in basement sleeping rooms; no justification for such change from prior code editions is apparent, and the building official and fire code official are not comfortable compromising this important life safety code provision
T. Section R321.1.5 is added to allow glazing in a guardrail system as allowed by the CBC.

U. Section R341.1 is modified to refer to the CBC for swimming pool requirements.

V. Section R904.5 is added to prohibit the installation of wood shingles or wood shakes, unless it is a Class A fire-resistance-rated system.

Section 15.08.030 Amendments; California Existing Building Code.

A. Appendix Chapter A4 containing mandatory seismic strengthening for wood- frame residential buildings are not adopted by the State and are inappropriate, and therefore not adopted.

B. Section 101.1 is modified to properly cite the code as the California Existing Building Code.

C. Section 103.1 is modified to reference the entity within the jurisdiction organization responsible for administering the construction codes.

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D. Section 104.6.1 is added to provide the building official the ability to issue a citation for a violation of the code.

E. Section 104.10 is added to establish procedures to be followed when archeological resources are discovered during construction activities.

F. Section 105.3.2 is modified to simplify management of permit applications by establishing a permit application to be valid for one year before expiration, with time extensions granted by the building official as long as a time extension is not beyond the effective date of the next edition of the California Building Standards Code.

G. Section 108.2.1 establishes the plan check fee assessment criteria found in prior code, but inadvertently missing in the new code.

H. Section 108.4 is amended to establish an investigation fee for work started without a permit.

I. Section 109.3.5 is amended to delete the exception for required inspection of lath and gypsum wallboard. Verification of proper attachment of these products is considered essential regardless of the type of assembly.

J. Section 111.4 is added to require new electric and communication service connections to be provided by underground wiring, with some exceptions allowed. This amendment is consistent with underground utility requirements in other parts of the Municipal Code and General Plan provisions.

K. Section 112.1 is modified to allow one Board of Appeals to serve as the appeals board for all codes adopted under Section 15.08.010. This combination provision will reduce the number of volunteer board members required, which is often a difficult recruiting process. This section also sets the number of Board members at five, or seven for disabled access issues.

L. Section 113.1 is amended to prohibit the use of a travel, trucking trailer, cargo container, or rail car for habitation, storage or any structural purpose. A travel trailer or recreational vehicle is prohibited from being used for residential purposes unless located in an approved campground or recreational vehicle park.

M. Section 113.4 is modified to include reference to penalties found elsewhere in the Municipal Code to aid enforcement.

N. Section 114.4 is modified to include reference to code enforcement procedures found elsewhere in the Municipal Code to aid enforcement.

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O. Section 115.1 is modified to reference the International Property Maintenance Code for procedures to order removal or repair of unsafe building conditions.

P. Section A102.1 is amended to add exceptions for those unreinforced buildings which are exempt from compliance with this chapter. These exceptions are based on the exceptions contained in State law mandating a potentially hazardous building mitigation program.

Q. Section A115 is added to establish provisions for administering the unreinforced masonry building hazard mitigation program. Appendix Section A115.1 contains the compliance deadlines and listing of building elements subject to the chapter that were updated by City Council ordinance; there are no additional changes included in this code adoption. Appendix Sections A115.2 through 115.5 provide the enforcement tools to achieve compliance. All known buildings of unreinforced masonry construction in the City of Pismo Beach that are occupied have been strengthened to the minimum standards prescribe in Appendix Chapter A1.

Section 15.08.040 Amendments; California Mechanical Code.

A. Division II of Chapter 1of the California Mechanical Code is deleted because Division II of Chapter 1of the CBC includes administrative provisions that are compatible with all adopted codes. Establishing one administrative chapter that is applicable to all codes avoids confusion and conflict between code sections.

Appendices pertaining to plan review forms, appliance start-up procedures, testing of equipment, sustainable practices, and example calculations are covered elsewhere, not adopted by the State, or inappropriate and are not adopted.

B. Division II of the CBC Chapter 1 is established for the administration of the Mechanical Code.

Section 15.08.050 Amendments; California Plumbing Code.

A. Division II of Chapter 1of the California Plumbing Code is deleted because Division II of Chapter 1of the CBC includes administrative provisions that are compatible with all adopted codes. Establishing one administrative chapter that is applicable to all codes avoids confusion and conflict between code sections.

Appendices regarding guidelines for plumbing system sizing, alternate plumbing systems, mobile home parks, firefighter breathing replenishment system, private sewage disposal systems, potable rainwater catchment systems, and sustainable practices are covered elsewhere, not adopted by the State, or inappropriate and are not adopted.

B. Division II of the CBC Chapter 1 is established for the administration of the Plumbing Code.

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C. Section 1501.3 is amended to delete the exception that waives a permit for a clothes washer gray water system.

D. Section 1503.1.1 is amended to specifically require a permit for a clothes washer gray water system.

E. Section 1503.7 is modified to require that a professional geotechnical engineer be involved in the design of a gray water system.

Section 15.08.060 Amendments; California Electrical Code.

A. Annex chapters are informative only and not adopted.

B. The Electrical Code does not contain an administrative chapter in the main body of the code. This Section establishes Chapter 1, Division II, of the CBC as such, since it is compatible with all adopted codes. Establishing one administrative chapter that is applicable to all codes avoids confusion and conflict between code sections.

C. Section 230.70(A)(1) is amended to require installation of a new electrical service to be located or equipped such that emergency personnel are not required to undertake a lengthy transit of a building to disconnect electric power.

Section 15.08.070 Amendments; International Property Maintenance Code.

A. Section 101.1 is modified to clarify applicability of the IPMC to the City of Pismo Beach.

B. Section 102.3 is modified to clarify that all work done to an existing building shall comply with all parts of the California Building Standards Code and all other related laws of the jurisdiction.

C. Section 103.1 establishes the office responsible for enforcement of the property maintenance code in the jurisdiction.

D. Section 104.1 clarifies that fees for activities performed by the code official are established under a separate action by the governing authority.

E. Section 105.5.1 is added to grant authority to the code official to issue citation for code violations.

F. Section 106.1 is deleted, and Section 106.1 is amended to refer to Appendix Chapter 113 of the CBC for the appeals board required under the IPMC.

G. Section 107.4 is amended penalties and code enforcement procedures found elsewhere in the Municipal Code to aid enforcement.

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H. Section 110.4 is amended to reference enforcement tools and penalties found elsewhere in the Municipal Code that can be applicable where there is failure to comply.

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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.A
Meeting Date: November 18, 2025

TITLE:

Encroachment Permits Overview
RECOMMENDATION:

No action recommended; for information only.

DISCUSSION:

On October 7, 2025, the City Council requested that staff return with a report on Encroachment Permits. An Encroachment Permit authorizes individuals or contractors to perform work within, or make use of, the City’s right-of-way or easements. A permit is required for any activity occurring within these areas to ensure the appropriate and proper use of public property, protect the integrity of City infrastructure, and maintain public safety.

The Public Works Department Engineering Division manages the issuance and inspection of encroachment permits. Individuals performing work permitted through an Encroachment Permit must be licensed contractors from the State of California specific to the type and scope of work. Contractors must also possess a current annual or one- time business license prior to the permit issuance.

There are three levels of encroachment permits based on the type of work being performed. All permits follow the same application process, with fees determined by permit level. Some projects also require the posting of a security bond, the amount of which depends on the nature of the work. A security bond, in the form of check, money order, letter of credit, or certificate of deposit is a way to protect public property and ensures contractors complete work in accordance with permit conditions. It acts as a guarantee that the contractor will construct the project following City standards, repair any damage to public property, and cover associated costs. Bonds are eligible for release following a final inspection at least 30 days after work completion. The contractor performing the work under an encroachment permit is also required to provide proof of liability insurance in the amount of $1,000,000 and a policy endorsement naming the City of Pismo Beach as additional insured.

The three types of Encroachment Permits are outlined below.

Minor Encroachment
A minor encroachment permit will be issued for work that requires only a final inspection and is typically issued “over the counter” without a formal plan review process. The fee for a minor encroachment permit is $95. Examples of work that falls under the minor encroachment category are:

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POD or dumpster storage
“No Parking” or traffic control operations for adjacent private work Tree trimming or landscaping within the right-of-way
Use of a street crane
In some cases, a minor permit may also require a security bond. For example, installation of a backyard hot tub requiring a street crane would necessitate a bond to ensure pavement protection. After the 30-day holding period, staff will inspect the staging area and release the bond if no damage is found. Traffic and pedestrian control plans may also be required depending on the location and type of work.

Surface Encroachment
A surface encroachment permit is issued for work that does not involve deep excavation.

These permits are reviewed prior to issuance and field inspections are required during construction. The fee for this type of permit is $1,440. Examples of work that falls under the surface encroachment category are:
Curb, gutter, and drive approach replacement
Tree removal and replacement under the City’s Tree Policy Sidewalk panel replacement
Paving of a drainage swale
Applicants must contact Underground Service Alert (USA) to identify utilities before issuance of the permit. A security bond is collected upon permit approval and released following satisfactory inspection after the 30-day post-completion period. Traffic and pedestrian control plans may also be required.

Subsurface Encroachment
A subsurface encroachment permit is issued for work involving excavation. These types of permits are reviewed prior to issuance and inspections are required during construction. The fee for this type of permit is $2,122. Examples of work that falls under the surface encroachment category are:
Sewer main or lateral replacement
Water main or lateral replacement
Other underground utility work such as natural gas, electric, cable, or telephone Applicants must contact USA to identify utilities before issuance of the permit. A security bond is collected upon permit approval and released following satisfactory inspection after the 30-day post-completion period. Traffic and pedestrian control plans are also typically required. Trench shoring protection plans may also be required.

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Encroachment Permit Fees
The fees for encroachment permits are identified in the City’s adopted User Fee Schedule. User fees are charges that are imposed on individuals or groups for the use of City facilities or services, such as facility rental fees, parking fees, and permit fees. As part of the City’s cost recovery strategy, user fees help fund programs and services that provide a private benefit rather than a direct, citywide benefit. Without appropriate cost recovery, general tax revenues would subsidize private benefits, limiting funds available for essential community-wide services such as public safety and community programs.

Willdan Financial Services (Willdan) was contracted to conduct the most recent User Fee Study. Working with City staff, Willdan evaluated the cost of providing each service, including:
Direct staff salaries and benefits
Departmental operating costs
Indirect costs from central support services
The study established the full cost recovery amounts for each service and provided corresponding fee recommendations. The study recommended:
Increasing the minor encroachment permit fee to $95, reflecting a 66% City subsidy; and
Setting the surface and subsurface encroachment permit fees at $1,440 and $2,122, respectively, to achieve full cost recovery.

The User Fee Study was presented to Council on February 24, 2025, and on March 18, 2025 the Council adopted Resolution R-2025-013 adopting the User Fee Update Study and approving the updated User Fee Schedule, effective July 1, 2025.

Conclusion and Recommendation
Receive the presentation on encroachment permits and ask staff questions regarding the permit process.

FISCAL IMPACT:

There is no fiscal impact associated with this report.

ATTACHMENTS:

None
Prepared by:

Erin Olsen, Senior Management Analyst
Submitted by: Rosemarie Gaglione, PE, Director of Public Works City Manager Approval:

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