Exhibit “A”
TITLE 17
BUILDINGS, CONSTRUCTION, AND RELATED ACTIVITIES
CHAPTERS:
17.02 California Administrative Code
17.04 California Energy Code
17.08 California Building Code
17.12 California Electrical Code
17.16 California Plumbing Code
17.20 California Mechanical Code
17.22 California Residential Code
17.24 Uniform Housing Code
17.26 Uniform Code for Abatement of Dangerous Buildings
17.27 California Historical Building Code
17.28 California Green Building Code Standards
17.29 California Standards Code
17.30 California Existing Building Code
17.32 Building, Construction, & Related Activities
17.36 Park and Recreational Development Construction Unit Fee
17.40 Street Dedication Requirements
17.44 Development Services Fees, Public Facilities Exactions Fees, and/or Costs
17.48 Deleted
17.52 School Fees and Land Dedication
17.54 Requirement of Reimbursement of City Expenditures for Capital Improvement Program Projects
17.56 Reimbursement Districts
17.60 Blasting Operations
17.64 California Fire Code
SECTIONS:
CHAPTER 17.02
CALIFORNIA ADMINSTRATIVE CODE
17.02.010 Adoption
17.02.010 Adoption.
The 202219 California Administrative Code, California Code of Regulations, Title 24, Part 1, published by the International Code Council is hereby adopted by reference and subject to amendments and revisions made by the California Building Standards Commission.
SECTIONS:
CHAPTER 17.04
CALIFORNIA ENERGY CODE
17.04.010 Adoption
17.04.010 Adoption.
The 20 2219 California Energy Code, California Code of Regulations, Title 24, Part 6, published by the California Energy Commission is hereby adopted by reference and subject to amendments and revisions by the California Energy Commission.
SECTIONS:
CHAPTER 17.08
CALIFORNIA BUILDING CODE
17.08.010
17.08.020
17.08.030
17.08.050
17.08.060
17.08.070
17.08.080
17.08.100
17.08.130
17.08.150
17.08.160
Adoption
Applying New Codes
Moving of Building or Structure
Permit Administration
Footing and Foundation Inspections
Authority to Disconnect
Board of Appeals
Construction Hours
Fire Resistance Rating
Minimum Roofing Assemblies Required
Pool Barrier Height
Repairs
17.08.010 Adoption.
A. The 202219 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, Chapters 1 through 35 and Appendices C, F, G, H, and I, published by the International Code Council, are adopted by reference and subject to the amendments contained in this Chapter.
B. The City of San Marcos and the San Marcos Fire Protection District has many large hillsides covered with extensive vegetation. The City is also subject to Santa Ana conditions of gusty winds and low humidity that predisposes the hillsides to extreme fire hazard. The City Council specifically finds that these climatic and topographic conditions necessitate greater fire protection than that provided by the 20 2219 California Building Code. Therefore, this Chapter amends the California Building Code to require more fire resistive construction to lessen the spread of fire in these areas.
17.08.020 Applying New Codes.
Section 102 of the California Building Code is amended to add these sections as follows:
102.7 New Codes to Existing and New Developments.
(a) Projects Under Construction: All residential and nonresidential projects under construction, such as subdivisions, condominiums, retail, office and industrial projects that are under construction may continue under current approvals until completion of the pr oject, including all of the remaining phases and tenant improvements, provided that the approved design remains unchanged. New designs and replacement products shall conform to the latest adopted edition of the California Code of Regulations, Title 24.new codes after January 1, 2020.
SECTIONS:
(b) Projects in Plan Check: All projects in plan check have one (1) year to obtain a building permit to be constructed under the current adopted code edition2 0 1 9 code edition.
After January 1, 2020 all a Applications that expi re by limitation (1 year) shall be designed to comply with the 2019 codeadopted edition.
(d) All Other Projects: All other projects submitted after January 1, 2020 are subject to the 2019 code edition.
102.8 Moving of Building or Structure. It shall be unlawful for any person, firm or corporation to move, or cause to be moved, any building or structure into or within the City without first having obtained a permit to do so from the City of San Marcos. At the time of submitting an application for permit to move a building or structure the applicant shall submit a certificate showing freedom from termite infestati on for each building or structure to be moved. Moved buildings shall conform to the character of the existing neighborhood architecture and the exterior elevations shall be approved by the Planning Director prior to the issuance of a move permit. Upon fil ing of the application for permit to move a building or structure, and payment of theapplicable permit fees prescribed herein , the City of San Marcos shall cause the building or structure to be inspected and shall prepare a written report which shall be fo rwarded to the applicant. This report shall indicate the approval or denial by the City and, if approved for moving, shall outline the requirements necessary to make the building or structure conform to the applicable provisions of this Code.
The report of inspection shall remain valid for a period of one hundred eighty days (180) from the date that the building was inspected, and a new report and inspection fee shall be required if a permit is not issued. Upon approval the applicant shall pay the same permit fees applicable to a new building, including public facilities fees, annexation to financing districts, grading permit fees, school fees, utility connection fees and any other permit fee as required. The applicant shall agree, in writing, to make al l the required changes within one hundred eighty (180) days after relocation and shall post with the City of San Marcos a faithful performance bond, cash or other security, in an amount equal to the estimated cost of the required reconstruction as determined by an estimate approved by the City. The faithful performance bond shall guarantee that the required changes shall be made, or the building or structure shall be removed or demolished and the site cleared, cleaned and restored to its original condition. In the event of a default on the part of the applicant or owner, the City shall order the surety to complete the required work. If in the judgment of the City, the building or structure at the time of default is not serviceable, the City shall order the surety to remove or demolish the building or structure and to clear, clean and restore the site to its original condition.
17.08.030 Permit Administration.
Section 105.2(1) of the California Building Code is amended to read as follows:
One story detache d accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet. Similar uses shall not include patios, workshops, garages, habitable spaces or recreational uses.
Section 105.89 Major Remodel Work. The removal and replacement of an existing building or structure, wherein the slab and foundation remain, is considered a new building and subject to the latest adopted construction codes, zoning ordinance and fee schedule as a new bu ilding.
Major remodel work, known as tear down and replacement, shall conform to the standards and city regulations in-effect at the time of permit applicationissuance.
Section 105.910 Property Owner Permission. Permit applications that do not list the property or building owner as the applicant shall not be approved for issuance until the applicant submits a letter of permission from the property owner, or owner’s agent, that the applicant has the owner’s permission to obtain the permit and proceed with the proposed construction.
Section 105.101 Conditions of Approval. Permits shall not be issued for construction on a site until the City of San Marcos determines:
*(a) That all other development permits or approvals required by this Code have been issued; *(b) That the permit complies with all applicable provisions of this Code; and *(c) That all grading or public improvements have been satisfactorily completed or installed, or agreed to be installed pursuant to a secured agreement, to allow building permits to be issued.
Permits shall not be issued if the City determines that flooding or geologic conditions at the site may endanger the public safety or welfare.
Section 105.11 Hours of Construction Related Activity.
Construction related activities authorized under a building permit are restricted to the hours of work as follow:
Monday through Friday – 7:00 a.m. to 6:00 p.m.
Saturdays – 8:00 a.m. to 5:00 p.m.
No work on Sunday or City Holidays
Violations of this Section may result in the suspension of permit for a period of time as determined by the City. The City Manager is authorized to waive or modify the hours as necessary.
17.08.050 Footing and Foundation Inspections.
Section 110.3.1 of the California Building Code is amended to read as follows:
Prior to the approval of any foundation inspection the permit holder shall submit a setback certification prepared by a California licensed surveyor that certifies by field measurement that the location of the building meets or exceeds the minimum setback distance as shown on the approved plans. The permit holder shall also submit a certification from a professional engineer or licensed architect that the condition of the soil has been inspected and complies with the soils report and the intent of the design prior to requesting a foundation inspection. A pad elevation certification is required prior to requesting a foundation or underground plumbing inspection.
17.08.060 Authority to Disconnect Service Utilities.
Section 112.3 of the California Building Code is amended to read as follows:
The Building Official, Fire Ma rshal or their designated representative shall have the authority to authorizedisconnect and order the disconnection of utilities, including sewer, water, gas, electricity or other energy sources supplied to any building or structure during an emergency, or when the condition of the building or structure is deemed to be an immediate hazard to life or property. Whenever possible, the City shall notify the serving utility company, the owner or occupant of the building of the disconnection of service. This section shall serve as authorization for utility companies regulated by the Public Utilities Commission to disconnect services when such services are deemed by the City to pose a hazard to life and property.
Formatted:
Numbered + Level: 1 + Numbering Style: a,
b, c,
…
+ Start at: 1 + Alignment: Left + Aligned at:
0.13 " + Indent at: 0.13"
17.08.070 Board of Appeals .
Section 113.1 is added to the California Building Code and amended to read as follows:
h
The City Council of the City of San Marcos will appoint members to a Board of Appeals and establish rules of procedure for appeals of decisions and interpretations issued by the building official. .
17.08.080
Hours of Work.
Section 115 of the California Building Code is amended to include section 115.4 to read as
follow
s
:
Hours of Work: Construction related activities authorized under a building permit are restricted t o
the hours of work as follows:
Monday through Friday
–
7:00
a.m. to 6:00 p.m. Saturdays
–
8:00
a.m. to 5:00 p.m.
No work on Sunday or City Holidays
Violations of this Section may result in the suspension of permit for a period of time as determine d
by the City. The City Manager is authorized to waive or modify the hours of work as necessary.
17.08.100
Fire Resistance Rating.
Section
711.3
o
f the California Building Code is amended to read as follows:
(
a)Exception: Dwelling unit and sleeping unit separations in building types I, II, III, IV and V construction shall have a fire resistive rating of not less than 1 -
hour in buildings equipped
with or
without an automatic fire sprinkler system throughout.
17.08.130
Minimum Roofing Assemblies Required
.
Sections 1505.2 & 3 of the California Building Code are amended to read as follows:
Class “A”
shall be the minimum roofing assembly, including re
-
roofing, allowed on any
building in a hillside or mountainous area of the City of San Marcos.
Class “B”
shall be the minimum roofing assembly, including re
-
roofing, allowed on any
building in the City
of San Marcos.
Exceptions:
1 Repairs, which do not exceed 50% of the existing roof area, may be of the same materials.
2. Additions not exceeding 50% of the existing roof area may be of the same materials as the existing roof.
3. Patio covers with 50%
roofing opening uniformly distributed need not comply
with
this Section.
17.08.150
Pool Barrier Height.
RESERVED
17.08.160 Repairs.
Section 405 of the California Existing Building Code is amended by adding Section 405.3 which reads as follows:
Scope. Repairs of structural elements shall comply with this section.
Seismic Evaluation and Design. Seismic evaluation and design of an existing building and its components shall be based on the following criteria.
Evaluation and Design Procedures. The seismic evaluation and design shall be based on the following procedures:
1. As specified in Chapter 16 of the latest adopted building code.
2. American Society of Civil Engineers 31, Seismic Evaluation for Existing Building (for evaluation only)
3. American Society of Civil Engineers 41, Seismic Rehabilitation of Existing Buildings
4. The procedures contained in Appendix Chapter A2 and A3 of the International Building Code and Appendix Chapter A1 of the California Existing Building Code shall be permitted to be used as specified in ASCE 41 (mentioned above).
Unsafe Conditions. Regardless of the extent of structural damage, unsafe conditions shall be eliminated.
Change in Occupancy . When a building or portion thereof is subject to a change of occupancy, such that the change results in a higher seismic factor based on Table 1604.5 of the building code, or when a reclassification is proposed with a higher hazard occupancy, the building shall conform to the seismic requirements of the latest adopted building code for a new structure.
CHAPTER 17.12
CALIFORNIA ELECTRICAL CODE SECTIONS:
17.12.010 Adoption
17.12.020 Undergrounding of Service Conductors Required
17.12.050 Phase Arrangement
17.12.090 Nonmetallic-sheathed Cable
17.12.010 Adoption. The 202219 California Electrical Code, California Code of Regulations, Title 24, Part 3, based on the National Electrical Code 202017 Edition, Chapters 1 through 9, Appendices A, B, C, and G, published by the National Fire Protection Association (“NFPA”), is adopted by reference subject to the amendments contained in this Chapter.
17.12.020 Undergrounding of Services.
Article 230.2 is amended to add 230.2 (F) to read as follows:
When required by the City of San Marcos, new development, redevelopment, additions and remodeling shall be required to underground service conductors fronting the project and service conductors on site shall be undergrounded to the satisfaction of the City . Service conductors are defined as power transmission lines, cable television, telephone, optic fiber cable, low and high voltage supplies of electricity. (See also General Plan, Chapter 2, Land Use Policy 17.3)
17.12.030 Aluminum Wiring.
Article 310.3106(B) is amended to read as follows:
Copper wire shall be used for wiring No. 6 and smaller in all installations. Aluminum wiring may be approved by the City for feeder conductors only where adequate measures are taken to prevent oxidation of the aluminum wire. Aluminum conductors of No. 6 or smaller used for branch circuits shall require continuous inspection by an independent testing agency approved by the City for proper torquing of connections and installation of oxidation inhibitor at their termination point as required.
17.12.050 Phase Arrangement.
Article 408-3(Ee)(1) of the California Electrical Code is amended to read as follows:
The phase arrangement on three -phase buses shall be A, B, C from front to back, top to bottom, or left to right, as viewed from the front of the switchboard or panelboard. The [B] phase shall be that phase having the higher voltage to ground on 3three phase,4-wire delta connected services. Other busbar arrangements shall be permitted for additions to existing installations and shall be marked.
17.12.090 Nonmetallic Sheathed Cable.
Article 334.12 of the California Electrical Code is amended to read as follows:
Type NM, Type NMC, and Type NMS cables shall not be used in any building exceeding three (3) stories in height. Type NM, NMC and NMS cable shall not be used in nonresidential buildings and structures unless the cable is listed with insulation that has a minimum rating of 75 degrees Celsius (167 degrees Fahrenheit).
CHAPTER 17.16
CALIFORNIA PLUMBING CODE
SECTIONS:
17.16.010 Adoption
17.16.030 Discharge
17.16.040 Storm Water
17.16.010 Adoption. The 202219 California Plumbing Code, California Code of Regulations, Title 24, Part 5, based on the Uniform Plumbing Code 202118 Edition, Chapters 1 through 16, and Appendices Chapter 1, A, B, D, E, F, I and K and the Installation Standards, published by the International Association of Plumbing and Mechanical Officials are adopted by reference subject to amendments contained in this Chapter.
17.16.030 Discharge.
Section 811.7 of the California Plumbing Code is amended to read as follows:
(A) It shall be unlawful to install or replace any plumbing equipment, including any automatic or self -regenerating water softener unit, where the operation of such may result in the discharge of saline waste into sewerage facilities, or the discharge of such waste that may pollute any surface or underground stream, watercourse, lake or any body of water.
17.16.040 Storm Water.
Section 1101.3 of the California Plumbing Code is amended by adding section 1101.3.1 which read as follows:
It shall be unlawful to discharge any material, directly or indirectly, into the City of San Marcos storm water conveyance system, or to abandon, modify, remove or destroy Best Management Practice devices installed to reduce storm water pollutants in accordance with the City’s Storm Water Management Program and the Permit issued by the Regional Water Quality Control Board, or other Federal or State laws. Modifications to any storm water conveyance system shall be approved by the City prior to modification.
CHAPTER 17.20
CALIFORNIA MECHANICAL CODE
SECTIONS:
17.20.010 Adoption
17.20.030 Gas Log in Bedroom
17.20.010 Adoption. The 2019 California Mechanical Code, California Code of Regulations, Title24, Part 4, based on the Uniform Mechanical Code 2018 Edition, Chapters 1 through 17, including Appendices Chapter 1, A, B and C, published by the International Association of Plumbing and Mechanical Officials, is adopted by reference subject to the amendments or deletions as set forth in this Chapter.
17.20.030 Gas Log in Bedrooms.
Section 306.1.15 of the California Mechanical Code is amended to read as follows:
It shall be unlawful to install a gas log lighter in fireplaces installed in bedrooms, unless the designer submits manufactures data that:
(a) The log lighter is a listed device and approved for bedroom locations, and (b) The log lighter is equipped with an automatic shutoff device, or gas sensor that activates disconnection, or
(c) The fireplace is direct vented and no free circulation of air is possible between the fireplace and the atmosphere of the bedroom.
CHAPTER 17.22
CALIFORNIA RESIDENTIAL CODE
SECTIONS:
17.22.010 Adoption
17.22.010 Adoption. The 202219 California Residential Code, California Code of Regulations, Title 24, Part 2.5, Chapters 1 through 10 and 44, with and Appendices AHD, G, H, and AK published by the International Code Council is adopted by reference.
CHAPTER 17.24
UNIFORM HOUSING CODE
SECTIONS:
17.24.010 Adoption
17.24.020 Housing Code Violations
17.24.010 Adoption. The Uniform Housing Code, 1997 Edition, Chapters 1 through 16.
Published by the International Conference of Building Officials, is adopted by reference.
17.24.020 Housing Code Violations.
Section 1601 of the Uniform Housing Code is amended to add Section 1601.1 to read as follows:
(a) The property owner shall be financially responsible for the cost of inspection, testing, investigation and administrative charges relating to enforcement actions and complaints regarding the lack of compliance with the Housing Code requirements as determined by the City Manager.
(b) All housing units in the City, including affordable housing units and other income restricted housing units, that are rented or leased in the City of San Marcos that fail to comply with this Code will be reported to the State Franchise Tax Board as substandard
housing and may not be subject to any State tax benefit during the period the unit, or units, where not in compliance with this Code as determined by the City.
CHAPTER 17.26
UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS
SECTIONS:
17.26.010 Adoption
17.26.020 Boarded-Up Building
17.26.030 Maintenance of Paved Surfaces
17.26.010 Adoption. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials, is adopted by reference.
The Provisions of the Uniform Code for Abatement of Dangerous Buildings shall be cumulative and in addition to any other remedy provided by law.
17.26.020 Boarded-Up Building.
Section 202 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
To provide a just, equitable and practical method, to be cumulative with and in addition to, any other remedy provided by the International Building Code and the Uniform Code for the Abatement of Dangerous Buildings, whereby buildings or structures that ar e boarded-up, from any cause, endanger the life, limb, health, morals, property, safety, or welfare of the general public or their occupants, shall constitute a public nuisance. Boarded -up buildings shall be rehabilitated or repaired to render the building in compliance with the intended occupancy requirements, or demolished if beyond repair. The City shall determine the time limit for demolition.
The City Manager is authorized to modify or waive this requirement due to special circumstances, including natural disasters, fire damage, flooding, landslides, loss of security or any other reason deemed appropriate.
When allowed, the property owner shall post a cash deposit or surety bond to guarantee rehabilitation or demolition as required by the Cit y. Boarded-up buildings shall be maintained and protected from vandalism at all times.
17.26.030 Maintenance of Paved Surfaces.
Section 202 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
Driveways, parking lots and roadways paved with concrete or asphalt shall be maintained in a condition free from excessive deterioration and potholes. Excessive deterioration is defined as pieces of pavement that move freely and are not attached to the paved surface. Paved surfaces shall be maintained free of dust, gravel, sand, debris and soil to prevent damage to public and private property. Paved parking lots shall be striped to delineate parking spaces from drive lanes and to identify the parking spaces for th e disabled. The City shall determine the width, length and location of parking lot striping. Changes to existing parking lots shall be reviewed and
CHAPTER 17.27
approved by the Development Services Department and work to change the parking lot shall not commence until a plan is approved by the city.
CALIFORNIA HISTORICAL BUILDING CODE
SECTIONS:
17.27.010 Adoption
17.27.010 Adoption. The 20 2219 California Historical Building Code, California Code of Regulations, Title 24, Part 8, Chapters 1 through 10, and Appendix A as published by the International Code Council is adopted by reference.
CALIFORNIA GREEN BUILDING CODE STANDARDS
SECTIONS:
17.28.010 Adoption
CHAPTER 17.28
17.28.010 Adoption. The 202219 California Green Building Code Standards, California Code of Regulations, Title 24, Part 11, Chapters 1 through 8, and Appendices A4 and A5, as published by the International Code Council is adopted by reference.
CHAPTER 17.29
CALIFORNIA REFERENCED STANDARDS CODE
SECTIONS:
17.29.010 Adoption
17.29.010 Adoption. The 20 2219 California Standards Code, California Code of Regulations, Title 24, Part 12, copyright by the International Code Council is adopted by reference.
CHAPTER 17.30
CALIFORNIA EXISTING BUILDING CODE
SECTIONS:
17.30.010 Adoption
17.30.020 Structural
17.30.010 Adoption. The 2022 California Existing Building Code, California Code of Regulations, Title 24, Part 10, based on the International Existing Building Code, 2021 Edition, copyrighted by the International Code Council, is adopted by reference.
17.30.020 Repairs.
Section 405 of the California Existing Building Code is amended by adding Section 405.3 which reads as follows:
Scope. Repairs of structural elements shall comply with this section.
Seismic Evaluation and Design . Seismic evaluation and design of an existing building and its components shall be based on the following criteria.
Evaluation and Design Procedures. The seismic evaluation and design shall be based on the following procedures:
1. As specified in Chapter 16 of the latest adopted building code.
2. American Society of Civil Engineers 31, Seismic Evaluation for Existing Building (for evaluation only)
3. American Society of Civil Engineers 41, Seismic Rehabilitation of Existing Buildings
4. The procedures contained in Appendix Chapter A2 and A3 of the International Building Code and Appendix Chapter A1 of the California Existing Building Code shall be permitted to be used as specified in ASCE 41 (mentioned above).
Unsafe Conditions. Regardless of the extent of structural damage, unsafe conditions shall be eliminated.
Change in Occupancy . When a building or portion thereof is subject to a change of occupancy, such that the change results in a higher seismic factor based on Table 1604.5 of the building code, or when a reclassification is proposed with a higher hazard occupancy, the building shall conform to the seismic requirements of the latest adopted building code for a new structure.