FOR THE COUNCIL MEETING OF DECEMBER 20, 2022
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Community Development
SUBJECT: SECOND READING OF AMENDMENTS TO BUILDING AND FIRE CODES
RECOMMENDATION:
That the City Council conduct the second reading and adopt Ordinance 2022-06 amending portions of Chapters 9-04 through 9-76 of Title 9 of the City of Santa Maria Municipal Code conceming Building and Fire Code regulations, and International Property Maintenance regulations.
BACKGROUND:
At its regular meeting held November 15, 2022, the City Council introduced Ordinance 2022-06 to amend the City of Santa Maria's Title 9 Building Regulations by adopting the 2022 California Building Code, 2022 California Historical Building Code, 2022 California Mechanical Code, 2022 Califomia Residential Code, 2022 California Existing Building Code, 2022 Califomia Electrical Code, 2022 Califomia Plumbing Code, and 2022 California Fire Code, and makes a minor amendment to the previously adopted 2018 International Property Maintenance Code (IPMC).
This constitutes the second reading of Ordinance 2022-06. This Ordinance would become effective 30 days after City Council adoption. Building permit applications and construction documents submitted after the effective date will be subject to the new Codes.
CHUEN NG v
Director of Community Development
ORDINANCE NO. 2022-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AMENDING PORTIONS OF CHAPTERS 9-04 THROUGH 9-76 OF TITLE 9 OF THE CITY OF SANTA MARIA MUNICIPAL CODE CONCERNING
BUILDING AND FIRE REGULATIONS
WHEREAS, the State of Califomia has recently adopted new building codes which will become effective on January 1, 2023; and
WHEREAS, these Codes include the 2022 California Building Code, 2022 California Historical Building Code, 2022 California Mechanical Code, 2022 California Residential Code, 2022 California Existing Building Code, 2022 California Energy Code, 2022 Califomia Green Building Standards Code, 2022 California Electrical Code, 2022 California Plumbing Code, and the 2022 California Fire Code; and WHEREAS, if a city elects to adopt these new codes, standards set forth in them can be amended with changes based on local climatological, topographic, and geographic conditions; and
WHEREAS, the City Council finds that such conditions exist and are identified in the Safety Element of the City's General Plan, and the following additional conditions exist locally which require that amendments be made to the 2022 State Building Codes in order to protect the public health, safety and welfare:
• The City's groundwater contains high concentrations of minerals and solids, necessitating regulation of discharges that become return flows to the City's wastewater treatment plant; and
• Santa Barbara County is an area of high fire risk, and the City regularly experiences high wind conditions necessitating special controls on roofing and enhanced fire protection measures; and
• The Santa Maria area has several active seismic faults and soils which are subject to liquefaction necessitating special structural regulations and erosion -control measures; and
WHEREAS, it is the intent of the City of Santa Maria to enact the 2022 State Building and Fire Codes with the amendments; and
WHEREAS, the City desires to update and improve the sections of its Municipal Code which relate to property maintenance; and
WHEREAS, the City intends to revise minor portions of the 2018 International Property Maintenance Code that it previously adopted as described below.
NOW, THEREFORE, IT IS HEREBY ORDAINED by the City Council of the City of Santa Maria, State of California, as follows:
SECTION 1. Chapter 9-04, Building Code, of Title 9 of the City of Santa Maria Municipal Code are hereby amended to read as follows:
CHAPTER 9-04 BUILDING CODE
Section 9-04.010. California Building Codes, 2022 Edition, Adopted.
The provisions of the California Building Code, 2022 Edition, including Appendices C, F, G, H, 1, and J, as published by the International Code Council, and subsequent Editions which incorporate by reference the 2018 Edition of the International Building Code with necessary California amendments as adopted by the State of California, Building Standards Commission or successor agency, are adopted by reference subject to the additions and amendments set forth in this Chapter. Unless repealed, references in City forms, documents, and regulations, to former provisions of Title 9, Chapter 9-1, Articles 1 and 2, of the City of Santa Maria Municipal Code shall be construed to apply to the corresponding provisions of current Title 9, Chapters 9-04 through 9-64 of the City of Santa Maria Municipal Code.
Section 9-04.020. Section 105 of Chapter 1 Amended: Permits Required: Buildings or Structures; Paving Striping, Signage and Exempted Work.
Subsection 105.1 of Section 105 of Chapter 1 of the California Building Code, 2022 Edition, is amended by adding one (1) sentence to the end to read as follows:
"Building permits shall be required for all paving, repaving, resurfacing or slurry, striping, re -striping and signage or re-signage of parking spaces in parking lots and structures in both publicly and privately funded public, commercial, or common use facilities."
Subsection 105.2 of Section 105 of Chapter 1 of the California Building Code, 2022 Edition, is amended by replacing Building: items I, 2, & 4 to read as follows:
(1) One-story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses, and constructed on a parcel approved for the construction of one detached single-family dwelling provided:
(A) The floor area does not exceed one hundred twenty (120) square feet. (B) The maximum height above adjacent grade shall not exceed eight feet (8'). (C) The maximum ceiling height shall not exceed seven feet (7'). (D) The maximum length -to -width ratio of the building shall not exceed two to one (2:1). (E) The building shall not be located closer than five feet (5') from any other building on the site. (F) Electrical, plumbing, or mechanical installations are prohibited. (G) Accessory buildings must be located behind the front wall of the dwelling unit and screened by a six- foot (6') fence or wall.
(H) The number of exempt accessory buildings shall be limited to two (2). (2) Wood, chain link, or similar fences not over 6 feet high, except those fences which include masonry or similar pilasters.
(3) Retaining or garden walls that are not over 4 feet 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.
Section 9-04.030. Subsection 105.4 of Chapter 1 Amended: Expiration.
Section 105.4 of Chapter 1 of the California Building Code, 2022 Edition, is amended in its entirety as follows. 105.4 Expiration. Every permit issued shall remain valid for a period of 365 days after issuance. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.
The extension shall be requested in writing and justifiable cause demonstrated.
Section 9-04.040. Subsection 109.2.1 of Chapter 1 Added: Fees.
Subsection 109.2 of Section 109 of Chapter 1 of the California Building Code, 2022 Edition, is amended by adding subsection 109.2.1 through 109.2.3 to read as follows:
2 109.2.1 Fees.
(1) General. Fees shall be assessed in accordance with the provisions of this Section or shall be as set forth in the current City of Santa Maria Schedule of Fees and Charges. (2) Strong Motion Instrumentation Program (SMIP) Fees. In addition to all other permit fees a fee equal to .013% of the valuation for residential structures and .028% of the valuation for non-residential structures, or current fees set by the State of California, shall be paid to the Building Official as required by the State of Califomia Resources Code for the strong motion instrumentation and seismic hazard mapping programs. (3) Scanning Fees provided for in the current City of Santa Maria Schedule of Fees and Charges within the Santa Maria Municipal Code shall be paid to the Building Official at the time of issuance of the building permit. (4) Certificate of Occupancy and Temporary Certificate of Occupancy Fee. A fee provided for in the current City of Santa Maria Schedule of Fees and Charges, will be paid to the Building Official for the issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for any occupancy classification or for the issuance of a Certificate of Occupancy when no building permit has been issued. (5) Appeal Hearing Fee as noted in Sec. 9-04.080 of this Code. (6) Fee for the installation of a mobile home for commercial or industrial use is the same as the maximum permitted for residential mobile homes in Section 1020 of Title 25 pursuant to Health & Safety Code Sec. 18613(0. (7) Inspections of buildings to determine their compliance with applicable Codes or regulations will be conducted upon receipt by the Building Official a written request for such inspection from the property owner or authorized representative and upon payment of a fee for such inspection and investigation based upon the current City of Santa Maria Schedule of Fees and Charges, for each hour or fraction thereof of inspection or investigation time.
The minimum fee shall be for one hour of inspection.
(8) Reduction of permit fees for duplicate residential buildings: In dwelling construction only, where a master set of plans, including a master plot plan is submitted in application for one (1) or more building permits for duplicate buildings, an initial plan check fee for each different building design shall be charged as specified in this Section. Fees to be charged are as set forth in the current City of Santa Maria schedule of Fees and Charges:
(A) Model home plan check fees are subject to "Custom Dwelling" fees. (B) Duplicate home permit fees are subject to "Production Tract Dwellings" fees. (9) "Express" Plan Review Fee: shall be charged for expedited phasing of the plan review in accordance with the City's Express Plan Review Policy and the additional fee shall be equal to the full plan review fee. 109.2.2 Special Investigation Fees: 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. An investigation fee, in addition to the permit fee, may be imposed subject to the discretion of the Building Official whether or not a permit is then or subsequently issued. The investigation fee shall not exceed the amount of all permit fees required by this Code for the unpermitted work. 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.
109.2.3 Fee adjustments by resolution. Authorized. The fees provided for in Section 109 shall be established and amended by City Council resolution.
Section 9-04.070. Subsection 109.6 of Chapter 1 Amended: Refunds.
Subsection 109.6 of Section 109 of Chapter 1 of the California Building Code, 2022 Edition, is amended in its entirety to read as follows:
109.6 Refunds. The Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official may authorize refunding of not more than 80 percent of the permit application fee when an application for a permit is withdrawn or canceled before any plan review is done. The Building Official shall not authorize refunding of any fee paid except on written application filed by the original applicant not later than 180 days after the date of fee payment.
Section 9-04.080. Section 113 of Chapter 1 Amended: Board of Appeals Hearing Fee and Special Purpose Members.
Section 113 of Chapter 1 of the California Building Code, 2022 Edition, is amended in its entirety to read as follows:
3 113.0 Board of Appeals
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, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member and shall act as secretary to said Boards but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the City Council 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.
113.2 Limitations of Authority. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this Code, nor shall the Board be empowered to waive requirements of this Code. 113.3 Appeal hearing fee. A fee, as provided in the current City of Santa Maria Schedule of Fees and Charges, shall accompany an application for a hearing before the Board of Appeals. 113.4 Special purposes members. For the purpose of appeals to the standards of Title 24 of the California Code of Regulations affecting accommodations for persons with disabilities, two (2) members shall be added who shall have a disability as defined by Section 202 of the Califomia Building Code, 2022 Edition.
Section 9-04.090. Subsection 114.4 of Chapter 1 Amended: Violation and Penalties.
Subsection 114.4 of Chapter 1 of the California Building Code, 2022 Edition, is amended in its entirety to read as follows:
114.4 Violation and penalties.
H4.4.1 Violations. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure in the City, or cause or permit the same to be done in violation of this Code. 114.4.2 Violation penalties. Any person, firm or corporation violating any provision of this Code shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine and/or imprisonment as set forth in Title I, Chapter 6 of the City of Santa Maria Municipal Code. Furthermore, each separate day or any portion thereof, during which any violation of this Code occurs or continues, shall be deemed to constitute a separate offense.
Section 9-04.100. Subsection 116.6 of Chapter 1 Added: Safety Assessment Placards.
Section 116 of Chapter 1 of the California Building Code, 2022 Edition, is amended by adding new subsection 116.6 to read as follows:
116.6 Safety Assessment Placards.
116.6.1 Intent. This Section establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The Section further authorizes the Building Official or designee to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. 116.6.2 Placards. The Building Official shall develop and maintain building safety assessment placard forms. 116.6.2.1 Descriptions. The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures.
INSPECTED — Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.
RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued use or occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued use or occupancy.
UNSAFE — Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued use or occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official or designee. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. 116.6.2.2 Additional information on placards. This ordinance number, right of appeal, the name of the jurisdiction, its address, and phone number shall be permanently affixed to each placard. 4 116.6.2.3 Removal. Once it has been attached to a building or structure, a placard is not to be removed, altered, or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm, or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this Section.
Section 9-04.110. Section 502.1 Amended: Address Identification.
Subsection 502.1 of Section 502 of the California Building Code, 2022 Edition, is amended by replacing it with Section 9-3.505.1 of this Code.
Section 9-04.120. Subsection 901.8 Added: Application.
Section 901 of Chapter 9 of the California Building Code, 2022 Edition, is amended by adding a new subsection 901.8 to read as follows:
901.8 Application. Where there is conflict between any requirement of this Chapter and any requirement of the Fire Prevention Chapter of the City of Santa Maria Municipal Code, the most restrictive shall govern.
Section 9-04.130. Chapter 15 Amended: Reroofing.
Chapter 15 of the California Building Code, 2022 Edition, is amended by replacing Section 1511 in its entirety with Sections 1511.1 through 1511.7 and Table A -15-A, to read as follows:
Section 1511- REROOFING
Section 1511.1— GENERAL
All reroofing shall conform to the applicable provisions of Chapter 15 of this Code and as otherwise required in this chapter. Roofing materials and methods of application shall comply with the approved standards or shall follow manufacturer's installation requirements when approved by the Building Official.
Section 1511.2 —INSPECTION AND WRITTEN APPROVAL
1511.2.1 Written Approval Required. New roofing shall not be applied without first obtaining written approval from the Building Official. The Building Official may allow existing roof coverings to remain when an inspection or other evidence reveals all of the following:
1. The roof structure is sufficient to sustain the weight of the additional dead load of the new roofing.
2. The roof deck is structurally sound.
3. Roof drains and drainage are sufficient to prevent extensive accumulation of water.
4. The existing roofmg is securely attached to the deck.
5. Existing insulation is not water soaked.
6. Fire -retardant requirements are maintained.
1511.2.2 Required Inspections. New roof coverings shall not be applied without first conducting a pre -roofing inspection verifying that the existing roofing meets all the conditions in Section 1511.2.1 The pre-roofmg inspection shall pay particular attention to evidence of accumulation of water. Where extensive ponding of water is apparent, an analysis of the roof structure for proper drainage shall be made and corrective measures, such as relocation of roof drains or scuppers, re -sloping of the roof or structural changes shall be made. Extensive ponding shall be considered areas that retain water for more than forty-eight (48) hours after the rain has stopped or as per roofmg manufacturer's recommendation. An inspection report attesting to the adequacy of the roof structure, as reasonably determined from a visual inspection by a special inspector or licensed roofing contractor, prepared and signed by the same, may be required by the Building Official. Additionally, after the pre -roofing inspection and prior to applying a new roof covering, a building permit shall be obtained from the Building Official. A final inspection and approval shall be obtained from the Building Official when the reroofing is complete. 1511.2.3 - Repairs. A building permit shall not be required for roofmg repairs that do not exceed ten percent (10%) of the building's roof area. This Section shall not include the roof sheathing or structural supporting elements.
Section 1511.3 — REROOFING OVERLAYS ALLOWED
15113.1 General. No roof shall have in any combination more than that allowed in Table A -15-A. Roofing conforming to Section 1503 overlaid on existing roofmg shall comply with the provisions of this Section and manufacturer's installation requirements as an overlay when approved by the Building Official. 1511.3.2 Overlay on Existing Built-up Roofs. The Building Official may allow reroofing over existing built-up roofing when the conditions specified in Section 1515.1 have been met. When an existing built-up roof has been 5 removed and prior to application of new roofing on a nailable deck that has residual bitumen, rosin -sized or other dry sheet shall be installed. Prior to the application of any reroofing, the existing surface shall be prepared as follows:
1. Gravel -surfaced roofing. Not more than one overlay shall be approved over an existing built-up roof. The existing built-up roof shall be cleaned of all loose gravel and debris. All blisters, buckles, and other irregularities shall be cut and made smooth and secure. On nonnailable decks, minimum 3/8 -inch (9.5 mm) insulation board shall be securely cemented to the existing roofing with hot bitumen after the existing surface has been adequately primed. On nailable decks, a rosin -sized or other dry sheet shall be installed, and a base sheet shall be mechanically fastened in place.
2. Smooth or cap -sheet surface. Not more than one overlay shall be applied over an existing built-up roof. All blisters, buckles, and other irregularities of existing built-up roof shall be cut and made smooth and secure. On non- nailable decks, a base sheet shall be spot cemented to the existing roof. On nailable decks, a base sheet shall be mechanically fastened in place and where residual materials on the existing surface may cause the new base sheet to adhere to the old roof, a rosin -sized or other dry sheet shall be installed under the new base sheet.
3. Intersecting walls. All concrete and masonry walls shall be completely cleaned and primed to receive new flashing. All other walls shall have the surface finish material removed to a minimum height of six inches (152 mm) above the new roof deck surface to receive new roofing and flashing. All rotted wood shall be replaced with new material. Surface finish material shall be replaced or reinstalled.
4. Parapets. Parapets of area separation walls shall have noncombustible faces, including counterflashing and coping materials.
EXCEPTION: Combustible roofing may extend 7 inches (178 mm) above the roof surface.
5. Cant strips. Where space permits, cant strips shall be installed at all angles. All angles shall be flashed with at least two more layers than in the new roof with an exposed finish layer of inorganic felt or mineral surfaced cap sheet.
6. Asphalt and wood shingle application. Not more than one overlay of asphalt shingles shall be applied over one existing built-up roof on structures with a slope of 2 units vertical in 12 units horizontal (16.7% slope) or greater.
Not more than one overlay of wood shingles shall be applied over one existing built-up roof on structures with a slope of 3 units vertical in 12 units horizontal (25% slope) or greater. The existing built-up roof shall have all surfaces cleaned of gravel and debris, all blisters and irregularities cut and made smooth and secure, and an underlayment of not less than Type 30 nonperforated felt shall be installed prior to reroofing.
7. Spray -applied polyurethane foam application. Spray -applied polyurethane foam may be applied directly to existing built-up roofing systems when the completed assembly is a Class A, B, or C fire -retardant roofing assembly and complies with Section 2603.6. When applied on a fire -resistive roof -ceiling assembly, the completed assembly shall also comply with Section 711. Base sheets or dry sheets are not required over existing surfaces when applying spray polyurethane foam roofing systems. Miscellaneous materials such as adhesives, elastomeric caulking compounds, metal, vents, and drains shall be a composite part of the roof system. 1511.3.3 Overlay on Existing Wood Roofs or Asphalt Shingle Roofs. The Building Official may allow reroofing over existing wood shingle roofing or asphalt shingle roofing. Only fire -retardant roofing assemblies or noncombustible roof covering may be applied over existing wood shake roofs in accordance with the listing or manufacturer's installation requirements when approved by the Building Official. When the application of new roofmg over existing wood shingle or wood shake roofs creates a combustible concealed space, the entire existing surface shall be covered with gypsum board, mineral fiber, glass fiber or other approved materials securely fastened in place. Hip and ridge cover on an existing shake or shingle roofing shall be removed prior to reroofing application.
Roofing overlays may be installed in accordance with the following:
1. Asphalt shingles. Not more than two overlays of asphalt shingles shall be applied over an existing asphalt or wood shingle roof. Asphalt shingles applied over wood shingles shall not have less than Type 30 nonperforated felt underlayment installed prior to reroofing.
2. Wood shakes. Not more than one overlay of wood shakes shall be applied over an existing asphalt shingle or wood shingle roofing on structures with a slope of 4 units vertical in 12 units horizontal (33% slope) or greater.
One layer of 18 -inch (457 mm), Type 30 nonperforated felt shall be shingled between each course in such a manner that no felt is exposed to the weather below the shake butts.
3. Wood shingles. Not more than one overlay of wood shingles shall be applied over existing wood or asphalt shingles. Wood shingles applied over asphalt shingles shall not have less than Type 30 nonperforated felt underlayment installed prior to reroofing.
Section 1511.4 — TILE
Tile may be applied to roofs with a slope of 4 units vertical in 12 units horizontal (33% slope) or greater over existing roof coverings in accordance with Table A -15-A. Such installations shall be substantiated by a report prepared 6 by an engineer or architect licensed by the state to practice as such, indicating that the existing or modified framing system is adequate to support the covering. Tile shall be applied in accordance with the original manufacturer's specifications or when the original manufacturer's specifications are no longer available, in accordance with Section 1507.3. Tile may be repaired to match the prior installation except for clay and tetra -cotta hips and ridge tile shall be reinstalled with Portland cement mortar.
Section 1511.5 — METAL ROOF COVERING
Metal roof covering may be applied over existing roofing in accordance with Table A -15-A. Reroofing with metal roof covering shall be in accordance with the original manufacturer's specifications or when the original manufacturer's specifications are no longer available as required by Section 1507.4.
Section 1511.6 — OTHER ROOFING
Reroofing with systems not covered elsewhere in this Code, such as, but not limited to, those that are fluid applied or applied as non asphaltic sheets shall be done with materials and procedures approved by the Building Official.
Section 1511.7 — FLASHING AND EDGING
Missing, rusted or damaged flashing and counterflashing, vent caps, and metal edging shall be installed or replaced with new materials. When existing built-up roofs remain, vent flashing, metal edging, drain outlets, metal counterflashing and collars shall be removed and cleaned. All metal allowed to be reinstalled shall be primed prior to reroofing installation. Collars and flanges shall be flashed per the roofing manufacturer's instructions.
TABLE A -15 -A —ALLOWABLE REROOFS OVER EXISTING ROOFING (Inspection and Written Approval Required Prior to Application)
EXISTING
ROOFING
NEW OVERLAY ROOFING
Built
Up
Wood
Shake
Wood
Shingle
Asphalt
Shingle
Tile Roof
Metal
Roof
Modified
Bitumen
Spray
Polyurethane
Foam
Built Up
Yes
NP
Yes (3:12)
Yes (2:12)
Yes
(2.5:12)
Yes
Yes
Yes
Wood Shake'
NP
NP
NP
NP
Yes2
Yes2
NP
NP
Wood
Shingle'
NP
Yes3
(4:12)
Yes°
Yes4
Ycs2
Yes2
NP
NP
Asphalt
Shingle'
NP
Yes3
(4:12)
Yes4
(3:12)
Yes
Yes
(2.5:12)
Yes
Yes
NP
Asphalt over
Wood
NP
NP
NP
Yes
Yes2
Yes2
Yes
NP
Asphalt over
Asphalt
NP
NP
NP
Yes
Yes
Yes
Ycs
NP
Tile Roof
NP
NP
NP
NP
NP
NP
NP
NP
Metal Roof
NP
NP
NP
NP
NP
Yes
NP
NP
Modified
Bitumen
Yes
NP
Yes (3:12)
Yes
Yes
(2.5:12)
Yes
Yes
NP
NP = Not Permitted.
Note: (Minimum Roof Slope)
1 See Section 1507.8 for specific requirements.
2 Board and batten leveling system must be fire stopped in accordance with Section 718.2.6. 3 One layer 18 -inch (457 mm) Type 30 nonperforated felt interlaced between shake courses required. 4 Type 30 nonperforated felt underlayment required for reroofing.
Section 9-04.140. Subsection 1704.1 Amended: Special Inspections and Tests, Contractor Responsibility and Structural Observation.
Subsection 1704.1 of Chapter 17 of the California Building Code, 2022 Edition, is amended by adding one (1) sentence to the end of the Section to read as follows:
7 City of Santa Maria approved Special Inspection and Observation Certificates, or equivalent, as provided for in the City of Santa Maria's "Special Inspection and Observation Manual" are to be completed by the owner or the registered design professional in responsible charge for inclusion with the construction permit and City records.
Section 9-04.150. Subsection 1808.7 Added: Foundation Elevation.
Subsection 1808.7 of Section 1808 of Chapter 18 of the California Building Code, 2022 Edition, is amended by adding new subsections 1808.7.4 to read as follows:
1808.7.4 Foundation Elevation. The top of any exterior foundation shall extend above the elevation of the street gutter at point of discharge or the inlet of an approved drainage device a minimum of 12 inches plus 1 percent.
Alternate elevations are permitted subject to the approval of the Building Official, provided it can be demonstrated that required drainage to the point of discharge and away from the structure is provided at all locations on the site. 1808.7.4.1 Finish floor elevation and lot drainage. Every residential building shall be constructed so as to have the elevation of the lowest finished floor, excepting for basements, at least sixteen inches (16") above the top of City street curb where the lot drainage discharges except where a designed drainage plan may otherwise be approved by the Building Official. All lots shall be graded and maintained so that they drain to the street or public way on which they abut or shall be provided with approved drainage devices.
Section 9-04.160. Appendix H Amended: Signs.
The following Sections of Appendix H of the California Building Code, 2022 Edition, are hereby deleted in their entirety: Sections 14101.2 Signs Exempt from permits, 14108 Animated Devices, and H110 Roof Signs.
Section 9-04.170. Section 11116 of Appendix H Added: Removal of Unlawful Signs.
Appendix 11 of the Califomia Building Code, 2022 Edition, is amended by adding the following Section 11116 to read as follows:
H116 Removal of Unlawful Signs. If after thirty (30) days' notice to remove an unlawful sign to the owner or occupant of the property on which any unlawful sign is situated, the said unlawful sign is neither removed nor made to confirm to this Code, the City shall be entitled to cause the unlawful sign to be removed from said owner or occupant and to recover from said owner or occupant the reasonable cost of removing such unlawful sign. Said notice may be given by mail to the owner or occupant of the property.
Section 9-04.180. Section I103.1 of Appendix 1 Amended: Patio Covers.
Section I103.1 of Appendix I of the California Building Code, 2022 Edition, is amended in its entirety to read as follows:
1103.1 Exterior Walls and Openings. Enclosure walls shall be permitted to be of any configuration, provided the open or glazed area of the longer wall and one additional wall is equal to not less than fifty percent (50%) of the area below a minimum of six feet eight inches (6'8") of each wall, measured from the floor. Openings shall be permitted to be enclosed with insect screening, tempered or safety glazing. XO type sliding windows glazed with safety or non -safety materials of approved thickness may be installed in non -hazardous areas as defined by the California Building Code. Fifty percent (50%) of all the above opening covers shall be readily removable without the use of any special knowledge or tools.
Section 9-04.190. Section J103 of Appendix J Amended: Exemptions.
Subsection J103.2 of Appendix .1 of the California Building Code, 2022 Edition, is amended by adding items 8 & 9 as follows:
(8) An excavation that (1) is less than 2 feet in depth or (2) does not create a cut slope greater than 5 feet in height and steeper than 1 unit vertical in 1 '/z units horizontal (66.7% slope). (9) A fill less than 1 foot in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet in depth, not intended to support structures, that does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course. 8 Section 9-04.200. Section J105 of Appendix J Added: Grading Inspections.
Appendix J of the California Building Code, 2022 Edition, is amended by adding a new Subsection J105.3 to read as follows:
J105.3 Grading Work Progress Verifications. On all construction projects on private property where an approved grading plan designed by a civil engineer is evident, the designer or authorized delegate shall certify in writing to the Building Official the accuracy of the progress of the grading work as follows:
(1) At the time the building pads have been graded in preparation for building foundations and prior to any approval by the Building Official for the commencement of any building foundation work on the pads, the grading design engineer or authorized delegate shall certify to the Building Official that the lot boundaries have been clearly identified on the site; the graded pad elevations are as shown on the approved grading plan; the buildings are located in conformance with the approved site plan.
(2) Prior to the approval of the Grading Plans, the licensed civil engineer, land surveyor or architect shall complete and sign the Federal Emergency Management Agency (FEMA) and Flood Insurance Rate Map (FIRM) certificate and certify that the information in the certificate represents the best efforts to interpret the data available. If the project is not in an A -Zone and not subject to Base Flood Elevation requirements, the applicable zone shall be noted. The licensed professional filling out the FEMA/FIRM Certificate shall also sign as part of the certificate an affidavit stating that he understands that any false statement may be punishable by fine or imprisonment under 18 U.S.
Code Section 1001.
(3) At the conclusion of the final grading work on the site and prior to approval by the Building Official of any final inspection or occupancy of any building on the site, the grading design engineer shall either certify to the Building Official that he has inspected the site finished grading work and has found it to have been completed in conformance with the approved grading plan, or the grading design engineer or authorized delegate shall furnish to the Building Official an as -built grading plan design for approval indicating that the grading work as completed will meet all applicable regulations. In addition, the grading design engineer shall certify that the finished grading is in compliance with the City of Santa Maria Flood Plain Management Ordinance and the National Flood Insurance Rate Maps.
SECTION 2. Chapter 9-8, Residential Code, Title 9 of the City of Santa Maria Municipal Code is hereby amended to read as follows:
CHAPTER 9-08 RESIDENTIAL CODE
Section 9-08.010. California Residential Code, 2022 Edition, Adopted.
The provisions of the California Residential Code, 2022 Edition, including Appendices H, K, and V as published by the International Code Council, and subsequent Editions as adopted by the State of California, Building Standards Commission, or successor agency are adopted by reference, subject to the additions and amendments set forth in this Chapter.
Section 9-08.020. Section R105.2 of Chapter 1 Amended: Work Exempt from Permit.
Subsection RI05.2 of Section R105 of Chapter 1 of the California Residential Code, 2022 Edition, is amended by replacing Building: items 1, 2 & 3 to read as follows:
(1) One-story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses, and constructed on a parcel approved for the construction of one detached, single-family dwelling provided:
(A) The floor area does not exceed one hundred twenty (120) square feet. (B) The maximum height above adjacent grade shall not exceed eight feet (8'). (C) The maximum ceiling height shall not exceed seven feet (7'). (D) The maximum length -to -width ratio of the building shall not exceed two to one (2:1). (E) The building shall not be located closer than five feet (5') from any other building on the site. (F) Electrical, plumbing, or mechanical installations are prohibited. (G) Accessory buildings must be located behind the front wall of the dwelling unit and screened by a six- foot (6') fence or wall.
(H) The number of exempt accessory buildings shall be limited to two (2). 9 (2) Wood, chain link, or similar fences not over six- (6') feet high, except those fences which include masonry or similar pilasters.
(3) Retaining or garden walls that are not over four- (4') feet 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 ILIA liquids.
Section 9-08.030. Subsection R105.5 of Chapter 1 Amended: Expiration.
Section R105.5 of Chapter 1 of the Califomia Residential Code, 2022 Edition, is amended in its entirety as follows.
R105.5 Expiration. Every permit issued shall remain valid for a period of 365 days after issuance. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.
The extension shall be requested in writing and justifiable cause demonstrated.
Section 9-08.040. Subsection R108.2.1 of Chapter 1 Added: Fees.
Subsection R108.2 of Section R108 of Chapter I of the California Residential Code, 2022 Edition, is amended by adding subsections 108.2.1 through R108.2.3 to read as follows:
R108.2.1 Fees.
(1) General. Fees shall be assessed in accordance with the provisions of this Section or shall be as set forth in the current City of Santa Maria Schedule of Fees and Charges. (2) Strong Motion Instrumentation Program (SMIP) Fees. In addition to all other permit fees a fee equal to .013% of the valuation for residential structures and .028% of the valuation for non-residential structures, or current fees set by the State of California, shall be paid to the Building Official as required by the State of Califomia Resources Code for the strong motion instrumentation and seismic hazard mapping programs. (3) Scanning Fees provided for in the current City of Santa Maria Schedule of Fees and Charges within the City of Santa Maria Municipal Code shall be paid to the Building Official at the time of issuance of the building permit. (4) Certificate of Occupancy and Temporary Certificate of Occupancy Fee. A fee provided for in the current City of Santa Maria Schedule of Fees and Charges, will be paid to the Building Official for the issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for any occupancy classification or for the issuance of a Certificate of Occupancy when no building permit has been issued. (5) Appeal Hearing Fee as noted in Sec. 9-1.203 of this ordinance. (6) Fee for the installation of a mobilehome for commercial or industrial use is the same as the maximum permitted for residential mobilehomes in Section 1020 of Title 25 pursuant to Health & Safety Code Sec. 18613 (f). (7) Inspections of buildings to determine their compliance with applicable Codes or regulations will be conducted upon receipt by the Building Official a written request for such inspection from the property owner or authorized representative and upon payment of a fee for such inspection and investigation based upon the current City of Santa Maria Schedule of Fees and Charges, for each hour or fraction thereof of inspection or investigation time.
The minimum fee shall be for one hour of inspection.
(8) Reduction of permit fees for duplicate residential buildings. In dwelling construction only, where a master set of plans, including a master plot plan is submitted in the application for one (1) or more building permits for duplicate buildings, an initial plan check fee for each different building design shall be charged as specified in this Section. Fees to be charged are as set forth in the current City of Santa Maria Schedule of Fees and Charges:
(A) Model home plan check fees are subject to "Custom Dwelling" fees. (B) Duplicate home permit fees are subject to "Production Tract Dwellings" fees. (9) "Express" Plan Review Fee: shall be charged for expedited phasing of the plan review in accordance with the City's Express Plan Review Policy and the additional fee shall be equal to the full plan review fee which is 43 percent of the building permit fee.
R108.2.2 Special Investigation Fees: 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. An investigation fee, in addition to the permit fee, may be imposed subject to the discretion of the Building Official whether or not a permit is then or subsequently issued. The investigation fee shall not exceed the amount of all permit fees required by this Code for the unpermitted work. 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.
10 R108.23 Fee adjustments by resolution. Authorized. The fees provided for in Section R108 shall be established and amended by City Council resolution.
Section 9-08.050. Subsection R108.5 of Chapter 1 Amended: Refunds.
Subsection R108.5 of Section R108 of Chapter 1 of the California Residential Code, 2022 Edition, is amended in its entirety to read as follows:
R108.5 Refunds. The Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official may authorize refunding of not more than 80 percent of the permit application fee when an application for a permit is withdrawn or canceled before any plan review is done. The Building Official shall not authorize refunding of any fee paid except on written application filed by the original applicant not later than 180 days after the date of fee payment.
Section 9-08.060. Section R112 Amended: Board of Appeals.
Section R112 of Chapter 1 of the Califomia Residential Code, 2022 Edition, is amended by substituting Section 9-04.080 in its place in its entirety.
Section 9-08.070. Subsection R113.4 of Chapter 1 Amended: Violation and Penalties.
Subsection R113.4 of Section R113 of Chapter 1 of the California Residential Code is amended by substituting Section 9-04.090 of this Code in its place in its entirety.
Section 9-08.080. Subsection R116.6 of' Chapter 1 Added: Safety Assessment Placards.
Section R116 of Chapter 1 of the California Residential Code, 2022 Edition, is amended by adding new subsection R116.6 to read as follows:
The provisions of the California Plumbing Code 2016 Edition and Appendices A, B, D, E, G, H, I, J, K, and subsequent editions as adopted by the State of California, Building Standards Commission or successor agency, as published by the International Association of Plumbing and Mechanical Officials, are adopted by reference, subject to the additions and amendments set forth in this Chapter.
Section 9-08.090. Section R319 Amended: Address Identification.
Section R319 of Chapter 3 of the California Residential Code, 2022 Edition, is amended by replacing Section 9-
3.505.1 of this Code.
Section 9-08.100. Section R403.1.7.3 Amended: Foundation Elevation.
Section R403.1.7.3 of the California Residential Code, 2022 Edition, is amended by substituting Section 9-04.150 of this Code in its place in its entirety.
Section 9-08.110. Section AH1032 of Appendix H Amended: Patio Covers.
Section AH103.1 of Appendix H of the California Residential Code, 2022 Edition, is amended by substituting Section 9-04.180 of this Code in its place in its entirety.
SECTION 3. Chapter 9-12, Historical Building Code, of Title 9 of the City of Santa Maria Municipal Code is hereby amended to read as follows:
CHAPTER 9-12 HISTORICAL BUILDING CODE
Section 9-12.010. California Historical Building Code, 2022 Edition, Adopted.
The provisions of the California Historical Building Code, 2022 Edition, as published by the California Building Standards Commission, and subsequent Editions adopted by the State of Califomia, Building Standards Commission or successor agency, are adopted by reference, subject to the additions and amendments set forth in this chapter. 11 SECTION 4. Chapter 9-16, Existing Building Code, of Title 9 of the City of Santa Maria Municipal Code is hereby amended read as follows:
CHAPTER 9-16 EXISTING BUILDING CODE
Section 9-16.010. California Existing Building Code, 2022 Edition, Adopted.
The provisions of the California Existing Building Code, 2022 Edition, including Appendix Chapter Al, as published by the California Building Standards Commission, and subsequent Editions adopted by the State of California, Building Standards Commission or successor agency, are adopted by reference subject to the additions and amendments set forth in this Chapter.
SECTION 5. Chapter 9-20, Energy Code, of Title 9 of the City of Santa Maria Municipal Code is hereby amended to read as follows:
CHAPTER 9-20 ENERGY CODE
Section 9-20.010. California Energy Code, 2022 Edition, Adopted.
The provisions of the California Energy Code, 2022 Edition, as published by the California Building Standards Commission, and subsequent Editions as adopted by the State of California, Building Standards Commission or successor agency, are adopted by reference, subject to the additions and amendments set forth in this Chapter.
SECTION 6. Chapter 9-24, Green Building Code, of Title 9 of the City of Santa Maria Municipal Code is hereby amended to read as follows:
CHAPTER 9-24 GREEN BUILDING CODE
Section 9-24.010. California Green Building Standards Code, 2022 Edition, Adopted.
The provisions of the Califomia Green Building Standards, 2022 Edition, as published by the California Buildings Standards Commission, and subsequent Editions as adopted by the State of Califomia, Building Standards Commission or successor agency are adopted by reference, subject to the additions and amendments set forth in this Chapter.
SECTION 7. Chapter 9-28, Fire Prevention Code, of Title 9 of the City of Santa Maria Municipal Code is hereby amended to read as follows:
CHAPTER 9-28 FIRE PREVENTION CODE
Section 9-28.010. Adoption of Fire Code.
The California Fire Code (CFC), 2022 Edition (excepting Section 5601 of Chapter 56) as published and adopted by the State of California, and subsequent Editions as adopted by the State of California, are adopted by reference, subject to the additions, deletions, and amendments set forth in this Chapter. Each amended Section of the California Fire Code is also renumbered by the addition of the characters "9-28." preceding the California Fire Code citation.
Section 9-28.020. Additions, Deletions, and/or Amendments to Fire Code.
Chapters 1, 3, 4, 11, and 56 are adopted in their entirety. Additions, deletions, and/or amendments have been applied to Chapters 1, 3, 5, 9, and 56.
Section 9-28.030. Chapter 1 Amended: Scope and General Requirements. a. Section 101.1 of Chapter 1 of the California Fire Code, 2022 Edition, is amended by replacing the "Name of Jurisdiction," with "City of Santa Maria, California."
12 b. Section 101.2.1 of Chapter I of the California Fire Code, 2022 Edition, is amended by adding the following sentence after "specifically adopted":
Appendices 13, C, D, H, K, and 0 are adopted in their entirety, inclusive of the Santa Maria Fire Department Development Guidelines.
c. Section 103.3 of Chapter 1 of the California Fire Code, 2022 Edition, is amended by adding the following text after "inspectors and other employees":
A Fire Investigation unit is established within the Fire Department under the direction of the Fire Chief, or designee. All members of the Fire Investigation Unit shall, upon completion of requirements as set forth in California Penal Code Section 832, or any successor legislation, have the full power, authority, and immunity of a California peace officer as specified by Penal Code Section 830.37. The Fire Chief and other personnel authorized by the Fire Chief shall have the powers of police officers in performing duties under this Code, shall have the powers of peace officers as provided by California Penal Code Section 830.37, and shall have the authority to issue citations. d. Section 105.4.1 of Chapter 1 of the California Fire Code, 2022 Edition, is amended by adding the following text after the word "constructed" in the first paragraph:
The Fire Chief, or designee, may require fire protection system design plans to be stamped and signed by a Fire Protection Engineer registered in California when, in the opinion of the Fire Chief, or designee, review of a Fire Protection Engineer is necessary to ensure compliance with the Fire Code. e. Section 105.6 of Chapter 1 of the California Fire Code, 2022 Edition, is amended by adding the following text after "105.6.24" at the end of the first paragraph:
A general use permit for any activity or operation not specifically addressed in Section 105.6, which in the judgment of the Fire Chief, or designee, could reasonably be expected to produce conditions hazardous to life or property.
f. Section 107.2 of Chapter 1 of the California Fire Code, 2022 Edition, is deleted in its entirety and replaced by the following text:
The Fire Chief, or designee, is authorized to collect fees for services as established or modified by resolution of the City Council. The Fire Chief, or designee, shall review the fees charged for such services at least once annually and may, with the approval of the City Manager, recommend changes to the City Council when the costs for such services are not commensurate with existing fees.
Fire Department plan reviews may be performed by approved third party contractors as determined by the Fire Chief. Fees for third -party plan reviews shall be paid by the permit applicant and shall be based on the amounts designated in contractual agreements between the Fire Department and third -party vendor. g. Section 109.3 of Chapter 1 of the California Fire Code, 2022 Edition, is amended by the insertion of the following text after "official" at the end of the second paragraph:
Compliance with this section shall be fulfilled by submittal of all inspection, testing, and maintenance records to The Compliance Engine, an entity under contract to the City. h. Section 111.1 of Chapter 1 of the California Fire Code, 2022 Edition, is deleted in its entirety and replaced by the following text:
In order to hear and decide appeals of orders, decisions or determinations made by the Fire Code Official relative to the application and interpretations of this Code, there shall be and is hereby created a Board of Appeals, consisting of members who are qualified by experience and training to pass upon matters pertaining to hazards of fire, explosions, hazardous conditions or fire protection systems, and who are not employees of the jurisdiction. The Fire Code Official shall be an ex officio member to said Board but shall have no vote upon any matter before the Board. The Board of 13 Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and fmdings in writing to the appellant with a duplicate copy to the Fire Code Official.
i. Section 111.2 of Chapter 1 of the California Fire Code, 2022 Edition, is deleted in its entirety and replaced by the following text:
The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this Code, nor shall the Board be empowered to waive requirements of this Code. j. Section 111.3 of Chapter 1 of the California Fire Code, 2022 Edition, is amended by inserting the following text after "jurisdiction":
A fee, as provided in the current City of Santa Maria Schedule of Fees and Charges, shall accompany an application for a hearing before the Board of Appeals.
k. Section 112.4 of Chapter 1 of the California Fire Code, 2022 Edition, is deleted in its entirety and replaced by the following text:
Persons who shall violate a provision of the Santa Maria Municipal Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Chief, or designee, or of a permit or certificate used under provisions of this Code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not exceeding one hundred eighty (180) calendar days, or both such fine and imprisonment for each violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The Fire Chief, or designee, may also cause an Administrative action to be initiated in accordance with Title 1, Chapters 1-6, 1-7, 1-8, and 1-9 of the Santa Maria Municipal Code.
I. Section 113.4 of Chapter 1 of the California Fire Code, 2022 Edition, is deleted in its entirety and replaced by the following text:
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 guilty of a misdemeanor and subject to the penalties set forth in Section 9-28.112.4 of this Code.
Section 9-28.040. Chapter 3 Amended: General Requirements. a. Section 307.1 of Chapter 3 of the California Fire Code, 2022 Edition, is deleted in its entirety and replaced by the following text:
Open burning is prohibited within City limits, except as provided in CFC Section 307.4.2, "Recreational fires", CFC Section 307.4.3, "Portable outdoor fireplaces", or by a single use permit issued by the Fire Chief. The Fire Chief, or designee, is authorized to require the discontinuance of any use, process, equipment, or activity involving open flame, burning, smoking, barbecuing/cooking, or any similar activity regardless of purpose or function, when the Fire Chief, or designee, determines that such activity, equipment, or use is hazardous, offensive, or creates a nuisance. b. Section 311.2 of Chapter 3 of the California Fire Code, 2022 Edition, is amended by adding the following text after the existing paragraph, ending with "through 311.2.3":
The owner, occupant, or other person having under their control any property or materials on property damaged by fire or other disaster, when access by the public is possible, shall secure the property either by boarding up all openings, fencing, barricading, or other appropriate measures as approved by the Fire Chief, or designee. Within seven (7) calendar days after written notice by the Fire Chief, or designee, to do so has been served, all debris, and/or damaged materials shall be removed from the property and deposited in accordance with Federal, State, and Local requirements or proof that contractual arrangements have been made for demolition, replacement, or repair of all fire or disaster damaged structures remaining on the property shall be submitted to the Fire Chief. 14 c. Section 311.2.1 of Chapter 3 of the California Fire Code, 2022 Edition, is amended by adding the following after the existing paragraph, ending with "safety":
The Fire Chief, or designee, shall be empowered to initiate necessary actions to secure property damaged by fire or other disaster and/or remove and dispose of debris, and other damaged materials when, after giving notice to the owner of record of the property, the owner fails to secure the property and/or remove debris within (7) calendar days of written notice to the owner, as ordered by the Fire Chief, or designee.
The Fire Chief, or designee, is authorized to initiate legal action to recover the costs of securing property damaged by fire or other disaster and/or removing and disposing of debris, and other damaged materials when, after giving notice to the owner of record of the property, the owner fails to secure the property and/or remove debris within (7) calendar days, and the City provides the service either through the use of City resources or a contractor.
Section 9-28.050. Chapter 5 Amended: Fire Service Features. b. Section 503.2 of Chapter 5 of the California Fire Code, 2022 Edition, is deleted and replaced in its entirety by the following:
Fire lanes shall have an unobstructed width of not less than 24 feet, excluding shoulders, when the height of a building does not exceed 30 feet. Buildings with heights in excess of 30 feet will comply with CFC Appendix D, aerial access roads. All roof height dimensions shall be measured on a vertical plane from the lowest level of vehicular access to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is higher.
When multiple lanes are proposed in a fire access roadway, each lane shall not be less than 14 feet in width. If a 14 -foot opening is utilized, there must be a minimum of a 30 -foot approach and a 30 -foot departure for a total of 60 feet in a straight line. As the opening increases, the approach and departure dimensions may be decreased at the discretion of the Fire Chief.
Overhead utility and power lines shall not be located above or within 30 feet (measured horizontally from the edge of fire lane to the nearest utility or power line) of Fire Lanes. b. Section 503.2.7 of Chapter 5 of the California Fire Code, 2022 Edition, is deleted and replaced in its entirety by the following:
The grade of the fire apparatus access road shall be within the limits established by the Fire Chief, or designee, based on the Fire Department's apparatus; however, no grade will exceed twelve (12) percent. Grade transitions shall not exceed City of Santa Maria Fire Department apparatus maximum approach and departure angles as determined by the Fire Chief, or designee.
c. Section 503.5 of Chapter 5 of the California Fire Code, 2022 Edition, is amended by adding the following text after "ASTM F2200" at the end of the first paragraph:
All electrically operated gates which are installed across required fire access roads, lanes, or pathways shall have an access switch approved by the Fire Chief, or designee. The switch shall be installed so the gate will remain in the open position until re -set by the fire department. The gate shall have a manual means of opening in the event of a power failure and shall be accessible from the exterior of the property. In addition to the switch, a fire -department - approved strobe device shall be installed for rapid access through vehicle access gates for emergency vehicles. Strobe switches shall activate the gate system when approached by Fire Department apparatus equipped with standard Fire Department emitters.
d. Section 505.1. of Chapter 5 of the California Fire Code, 2022 Edition, is amended as follows:
Replace "4 inches high with a minimum stroke width of A inches" with, "6 inches high with a minimum stroke width of one inch."
15 Insert the following text after the preceding revision and before the sentence beginning with "Where required":
Commercial, industrial, and multi -family residential occupancies shall provide address numbers with a minimum height of 12" and a minimum stroke width of 1.5." Larger numbers may be required for exterior elevations with setbacks or building features that minimize visibility.
Exception: Or as otherwise approved by the Fire Code Official.
Section 9-28.060. Chapter 9 Amended: Fire Protection Systems. a. Section 903.2.1.1, Item 1, of Chapter 9 of the California Fire Code, 2022 Edition, is amended by replacing "12,000" with "5,000."
b. Section 903.2.1.3, Item 1, of Chapter 9 of the California Fire Code, 2022 Edition, is amended by replacing "12,000" with "5,000."
c. Section 903.2.1.4, Item 1, of Chapter 9 of the California Fire Code, 2022 Edition, is amended by replacing "12,000" with "5,000."
d. Section 903.2.2.1 is added to Chapter 9 of the California Fire Code, 2022 edition stating the following:
All Group B occupancies other than those described in Section 903.2.2 shall be equipped with an automatic fire sprinkler system throughout the building when the gross floor area is more than 5,000 square feet. e. Section 903.2.4, Item 1, of Chapter 9 of the California Fire Code, 2022 Edition, is amended by replacing "12,000" with "5,000."
f Section 903.2.7, Item 1, of Chapter 9 of the California Fire Code, 2022 Edition, is amended by replacing "12,000" with "5,000."
g. Section 903.2.9, Item 1, of Chapter 9 of the California Fire Code, 2022 Edition, is amended by replacing "12,000" with "5,000."
h. Section 903.2.10, Item 1, of Chapter 9 of the California Fire Code, 2022 Edition, is amended by deleting the exception for R-3 Occupancies.
j. Section 907.7.2, of Chapter 9 of the California Fire Code, 2022 Edition, is amended by deleting the entire text and replacing the text with the following:
The permittee shall provide a record of completion in accordance with NFPA 72 verifying that the system has been installed and tested in accordance with the approved plans and specifications; and a copy of a serially numbered certificate issued to the permittee by Underwriters Laboratories, Inc., or other nationally recognized authority, certificating the system. Certification shall be required for all new systems including fire sprinkler monitoring systems and shall be required for any existing systems that produce three or more false alarm activations within a calendar year, and for systems that become unreliable due to dilapidation or deterioration. Certification is required for the life of the system. The copy of the certificate shall be presented to the Fire Chief, or designee, prior to the final permit inspection or clearance of a violation/correction notice.
Exception: Group R Division 3 occupancies.
i. Section 907.8.4, of Chapter 9 of the California Fire Code, 2022 Edition, is amended by adding the following text after "maintained" at the end of the first paragraph:
False alarms shall be regulated in accordance with SMMC Section 5-2.09(b). A cost recovery fee for false alarms will be as set forth in the City of Santa Maria User Fees Schedule.
SECTION 8. Chapter 9-32, Plumbing Code, of Title 9 of the City of Santa Maria Municipal Code is hereby amended to read as follows:
CHAPTER 9-32 PLUMBING CODE
Section 9-32.010. California Plumbing Code, 2022 Edition Adopted.
The provisions of the California Plumbing Code, 2022 Edition, and Appendices A, B, D, E, G, 11, I, J, K, and subsequent Editions as adopted by the State of California, Building Standards Commission or successor agency, as published by the International Association of Plumbing and Mechanical Officials, is adopted by reference, subject to the additions and amendments set forth in this Chapter. 16 Section 9-32.020. Subsection 104.4.3 of Chapter 1 Amended: Expiration.
Section 104.4.3 of Chapter 1 of the California Plumbing Code, 2022 Edition, is amended in its entirety as follows. 104.4.3 Expiration. Every permit issued shall remain valid for a period of 365 days after issuance. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.
The extension shall be requested in writing and justifiable cause demonstrated.
Section 9-32.030. Subsection 104.5 of Chapter 1 Amended: Fees.
Subsection 104.5 of Section 104 of Chapter 1 of the Califomia Plumbing Code, 2022 Edition, is amended in its entirety to read as follows:
104.5 Fees. Permit fees shall be as set forth in the current City of Santa Maria Schedule of Fees and Charges. 104.5.1. Fee adjustments by resolution: Authorized. The fees provided for in this Section shall be established and amended by City Council resolution.
104.5.2 Special Investigation Fees: 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. An investigation fee, in addition to the permit fee, may be imposed subject to the discretion of the Building Official whether or not a permit is then or subsequently issued. The investigation fee shall not exceed the amount of all permit fees required by this Code for the unpermitted work. 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.
104.5.3 Refunds. The Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official may authorize refunding of not more than 80 percent of the permit application fee when an application for a permit is withdrawn or canceled before any plan review is done. The Building Official shall not authorize refunding of any fee paid except on written application filed by the original applicant not later than 180 days after the date of fee payment.
Section 9-32.040. Subsection 106 of Chapter 1 Amended: Violations and Penalties.
Subsections 106.1 and 106.3 of Section 106 of Chapter 1 of the California Plumbing Code, 2022 Edition, are amended in their entirety to read as follows:
106.1 Violations. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain any plumbing in the City, or cause or permit the same to be done in violation of this Code.
106.3 Penalties. Any person, firm, or corporation violating any provision of this Code shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine and/or imprisonment as set forth in Title 1, Chapter 6 of the Santa Maria Municipal Code. Furthermore, each separate day or any portion thereof, during which any violation of this Code occurs or continues, shall be deemed to constitute a separate offense.
Section 9-32.050. Subsections 107.3 and 107.4 of Chapter 1 Added: Appeal Hearing Fee and Special Purpose Members.
Section 107 of Chapter 1 of the California Plumbing Code, 2022 Edition, is amended by adding new Subsections 107.3 and 107.4 to read as follows:
107.3 Appeal Hearing Fee. A fee as provided in the current City of Santa Maria Schedule of Fees and Charges shall accompany an application for a hearing before the Board of Appeals. 107.4 Special Purpose Members. For the purpose of appeals to the standards of Title 24 of the California Code of Regulations affecting accommodations for persons with disabilities, two (2) persons shall be added who shall have a disability as deemed in Section 202, California Building Code, 2022 Edition. 17 Section 9-32.060. Subsection 108 of Chapter 1 Amended: Authorized Installer.
Chapter 1 of the California Plumbing Code, 2022 Edition, is amended by adding new Section 108 to read as follows:
108.1 Authorized Installer. Only authorized installers, as provided for in this Section, may install replacement water heaters in the City of Santa Maria without obtaining a permit by affixing a City of Santa Maria installation sticker on each replacement water heater.
Exceptions:
A. Any water heater installed in a new location requires a plumbing permit.
B. Replacement water heaters must have the same or lesser input BTU ratings than the original water heater if gas fired to qualify for the sticker program.
C. Replacement water heaters must have the same or lesser wattage as the original water heater if electric to qualify for the sticker program.
108.2 Plumbing Contractor. Any plumbing contractor holding both a valid C-36 Contractor's License in the State of California and a valid City business license for such contracting may apply for authorized installer status. 108.3 Revocation or Suspension Procedure. The Building Official may suspend or revoke a plumbing contractor's authorized installer status for one or more of the following grounds:
(1) Failure to perform by allowing a substandard installation of a water heater twice within the same twelve (12) month period.
(2) Failure to submit a monthly report on installations including the name, telephone number, and address of the owner, installation sticker number, date, location, and names of the installing plumber and authorized installer. (3) Failure to have the employee installer properly trained as an authorized installer. (4) Failure to correct a substandard installation after receiving a notice of non-compliance from the City of Santa Maria.
(5) Suspension, revocation, or placing of the C-36 Plumbing Contractor's License on "inactive" status by the State Contractor's License Board.
(6) The revocation or suspension shall take effect fourteen (14) days after the notice of revocation or suspension is given to the authorized installer by regular U.S. Mail. 108.4 Hearing or Denial, Revocation or Suspension. If a plumbing contractor's authorized installer status is denied, revoked, or suspended, an applicant may within fourteen (14) days after the notice of denial, revocation or suspension is given, request a hearing before the Building Official. The Building Official shall fix a time and place for the hearing and shall notify the applicant. At the hearing, the Building Official shall hear and receive evidence to determine whether the denial, revocation, or suspension of authorized installer status should be sustained or reversed.
The Building Official shall give the applicant notice of the decision within twenty (20) days after the hearing is closed. 108.5 Appeal. If the Building Official does not reverse the action, a person aggrieved by the denial, revocation, or suspension may appeal the action to the Board of Appeals. A written notice of appeal concisely stating the facts of the case and the grounds of appeal shall be filed with the Board of Appeals within fourteen (14) days after the notice of the action appealed from is given. The Board of Appeals shall have the appeal set for hearing and shall give the appellant notice of the time and place of the hearing. The decision of the Board of Appeals made after the appellant has had an opportunity to be heard is final. The Board of Appeals shall give the appellant notice of its decision within fourteen (14) days after the close of the hearing.
108.6 Fee. The fee for each City of Santa Maria authorized installation sticker shall be as set forth in the current City of Santa Maria Schedule of Fees and Charges.
108.7 Fee Adjustments by resolution: Authorized. The fee provided for in this Section shall be established and amended by City Council resolution.
Section 9-32.070. Sections 109 of Chapter 1 Added: Qualification for Permits.
Chapter 1 of the California Plumbing Code, 2022 Edition, is amended by adding new Sections 109 to read as follows:
18 109.0 Qualification for Permits
109.1 To Whom Permits May be Issued. No permit shall be issued to any person or firm to do or cause to be done any plumbing work regulated by this Code, except to such person or firm holding both a valid contractor's license issued by the State enabling the performance of such work and a valid City business license to engage in the business of such contracting work in the City.
Exception: Any plumbing permits required by the Code may be issued to any person to do any plumbing work regulated by the Code in a single-family dwelling used exclusively for living purposes, including the usual accessory buildings in connection therewith, provided such person is the owner of such dwelling and that the same is occupied by said owner, or that said owner intends to personally occupy such dwelling; and provided further that said owner shall personally purchase all materials and perform all labor in connection with this work.
Section 9-32.080. Subsection 422.3.1 Added: Motor Fuel -Dispensing Facilities.
Subsection 422.3 of Section 422 of Chapter 4 of the California Plumbing Code, 2022 Edition, is amended by adding the following subsection 422.3.1 to read as follows:
422.3.1 Motor fuel -dispensing facility. In every motor fuel -dispensing facility, separate restroom facilities for each sex shall be provided and maintained for the public and shall be accessible for persons with disabilities. These restroom facilities shall be maintained in a working, clean, and sanitary manner stocked with sufficient towels, soap, toilet paper, and toilet covers and in accordance with all applicable laws and regulations. In addition, air and water shall be provided as per the State of California Business and Professions Code Section 13651.
Section 9-32.090. Section 422.4.2 Added: Required Public Toilet Facilities.
Subsection 422.4 of Section 422 of Chapter 4 of the California Plumbing Code, 2022 Edition, is amended by adding the following subsection 422.4.2 to read as follows:
422.4.2 Required Public Toilet Facilities. Customers and patrons shall be provided with public toilet facilities in structures and tenant spaces intended for public utilization. The accessible route to public facilities shall not pass through kitchens, storage rooms, closets, or similar spaces.
Section 9-32.100. Section 422.4.3 Added: Pay Facilities.
Subsection 422.4 of Section 422 of Chapter 4 of the California Plumbing Code, 2022 Edition, is amended by adding the following subsection 422.4.3 to read as follows:
422.4.3 Pay Facilities. Where pay facilities are installed, such facilities shall be in excess of the required minimum facilities. Required facilities shall be free of charge.
Section 9-32.110. Section 423 Added: Car Washes.
Chapter 4 to the California Plumbing Code, 2022 Edition, is amended to add new Section 423.0 to read as follows:
423.0 Car Washes. All commercial car wash facilities, including self -wash, shall have water recycling systems and the design installations of these systems shall comply with Section 10950 through 10953 of the Califomia Health and Safety Code and be approved by the administrative authority.
Section 9-32.120. Table 442.1 Amended: Minimum Number of Required Fixtures.
Table 422.1 of Chapter 4 of the California Plumbing Code, 2022 Edition, is amended by adding Footnote 8 referring to Residential occupancy clothes washer standpipes to read as follows:
(8) Clothes washer standpipes - A minimum of one (1) automatic washer standpipe for each single-family dwelling or a minimum ratio of one (1) automatic washer standpipe for each seven (7) apartment house dwelling units or fraction thereof, with not less than two (2) standpipes for apartment houses having five (5) or more dwelling units.
Kitchen sinks -one (I) for each dwelling or apartment unit. 19 Section 9-32.130. Subsection 604.1 and 604.3. Amended: Pipe Tube and Fittings, Copper and Alloy Tube.
Subsections 604.1 and 604.3 of Section 604 of Chapter 6 of the California Plumbing Code, 2022 Edition, is amended by adding a new last sentence, to read as follows:
"No galvanized, Type `M' or Type 'I,' copper water piping shall be installed within any concrete slab or in the ground under a concrete slab within a building. The use of Type "M" copper water piping shall be prohibited in buildings."
Section 9-32.140. Subsection 610.8. Amended: Water Pipe Size.
Subsection 610.8 of Section 608 of Chapter 6 of the California Plumbing Code, 2022 Edition, is amended by replacing the last sentence, to read as follows:
"Regardless of the water meter size, the minimum size of any water supply piping from the meter to the building or equipment served shall be a minimum of one inch (1") diameter trade size piping." Section 9-32.150. Subsection 611.5 Added: Water Softener.
Section 611 of Chapter 6 of the California Plumbing Code, 2022 Edition, is amended by adding new Subsections 611.5 and 611.5.1 to read as follows:
611.5 All water softeners as deemed in City of Santa Maria Municipal Code, Section 8-12.104 (91), shall be installed and conform to generally recognized plumbing and sanitary standards or other standards deemed equal technology and accepted by the administrative authority and shall be consistent with this Code. After the effective date of this amendment, only the following water softeners may be installed on structures utilized for non-residential purposes:
(1) Canister -type units which are centrally regenerated; or (2) Water softeners with demand control systems as defined in the City of Santa Maria Municipal Code, Section 8-12.104 (91) & (92); or
(3) Such other water softeners, as determined by the administrative authority, which by objective testing and results will not discharge brine waste with a total dissolved solids concentration or frequency of discharge that exceeds the equivalent produced by the treatment process provided by demand control water softeners as defined by the City of Santa Maria Municipal Code, Section 8.12.104 (91) & (92).
Upon receipt of determinations and orders issued to the administrative authority by the Director of Public Works pursuant to the City of Santa Maria Municipal Code, Section 8-12.410, the following limitations shall apply:
(1) It shall be unlawful after the effective date of an order issued by the Director of Public Works pursuant to the City of Santa Maria Municipal Code, Section 8-12.410 (c) to install on any structure an on -site regeneration water softener as defined in Santa Maria Municipal Code, Section 8-12.104 (91); and/or (2) It shall also be unlawful after the effective date of an order issued by the Director of Public Works pursuant to the City of Santa Maria Municipal Code Section 8-12.410 (c) to operate or maintain an on -site regeneration water softener after January 1, 2007.
611.5.1 All users who install a water softener in new residential construction shall install plumbing so that only water feeding the hot water system is softened.
EXCEPTION: Canister type units that are centrally regenerated may be connected to both the hot and cold water distribution systems, excluding hose bibs and irrigation systems.
Section 9-32.160. Appendix Section 11501.13 Amended: Septic Tanks.
Section H501.13 of Appendix H of the California Plumbing Code, 2022 Edition, is amended by replacing number (2) to read as follows:
"Steel tanks are prohibited."
20 SECTION 9. Chapter 9-36, Electrical Code, of Title 9 of the City of Santa Maria Municipal Code is hereby amended to read as follows:
CHAPTER 9-36 ELECTRICAL CODE
Section 9-36.010. California Electrical Code, 2022 Edition, Adopted.
The provisions of the Califomia Electrical Code, including Annex H, 2022 Edition, as published by the National Fire Protection Association, and subsequent Editions as adopted by the State of Califomia, Building Standards Commission or successor agency are adopted by reference, subject to the additions and amendments set forth in this Chapter.
Section 9-36.020. Section 80.15 of Annex 11 Amended: Electrical Board.
Section 80.15 of Annex H of the California Electrical Code, 2022 Edition, is amended by substituting Section 9-
04.080 of this Code in its place in its entirety.
Section 9-36.030. , Subsection 80.19(D) of Annex 11 Added: Annual Maintenance Permit.
Section 80.19 of Annex H of the California Electrical Code, 2022 Edition, is amended by replacing subsection
80.19(D) in its entirety to read as follows:
80.19(D) Annual Maintenance Permits. An annual electrical maintenance permit may, upon application therefore, be issued to any person or firm who regularly employs one (1) or more designated, qualified electricians for the installation, repair or maintenance of electrical wiring or equipment on the premises owned or occupied by the permit holder. The permit holder shall keep an accurate record in duplicate of all electrical work performed under the annual permit, and within fifteen (15) days following the end of each calendar year, the permittee shall transmit to the Building Official a report stating whether or not any electrical work was performed during the preceding year. If the report indicates that any electrical work was performed, such report shall contain a description of all such work performed during the preceding year. All work described in the annual report shall be inspected and subject to corrections or, due to extent or complexity of work, shall be subject to individual permit requirements. Each annual electrical maintenance permit shall automatically expire on December 31st of the year in which it was issued." Section 9-36.040. Subsection 80.19(E) of Annex 11 Amended: Fees.
Subsection 80.19(E) of Annex H of the California Electrical Code, 2022 Edition, is amended in its entirety to read as follows:
80.19(E) Fees. Permit fees shall be as set forth in the current City of Santa Maria Schedule of Fees and Charges.
80.19(E)(1) Fee adjustments by resolution. Authorized. The fees provided for in this Section shall be established and amended by City Council resolution.
80.19(E)(2) Special Investigation Fees. 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. An investigation fee, in addition to the permit fee, may be imposed subject to the discretion of the Building Official whether or not a permit is then or subsequently issued. The investigation fee shall not exceed the amount of all permit fees required by this Code for the unpermitted work. 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.
80.19(E)(3) Refunds. The Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official may authorize refunding of not more than 80 percent of the permit application fee when an application for a permit is withdrawn or canceled before any plan review is done. The Building Official shall not authorize refunding of any fee paid except on written application filed by the original applicant not later than 180 days after the date of fee payment.
Section 9-36.050. Subsection 80.19(F)6 of Annex H Added: Electrical Observation.
Section 80.19 of Annex H of the California Electrical Code, 2022 Edition is amended in its entirety as follows:
21 80.19(F)6 Electrical Observation. In addition to the inspections required by this section, electrical observation shall be provided for the following items:
1. Installation or alteration of high voltage electrical systems and equipment over 600 volts nominal; or
2. Health Care Facilities, Califomia Electrical Code Article 517 (O.S.H.P.D. 3); or
3. Installation or alteration of electrical systems and equipment within locations classified as hazardous by provisions of the California Electrical Code, except for gasoline dispensing installations and systems located within storage garages, repair garages, or lubritoriums; or
4. When so designated by the architect or engineer of record; or
5. When such observation is specifically required by the Building Official; or
6. Installation of Critical Operations Power Systems (COPS); or
7. Solar photovoltaic systems greater than 100 kVa.
The owner shall employ the engineer responsible for the electrical design, or another engineer designated by the engineer responsible for the electrical design to perform visual observation of complex electrical equipment and systems for general conformance to the approved plans and specifications, including but not limited to placement and interconnection of equipment. Electrical observation shall be performed at significant stages of the construction and when the installation is complete and ready to be inspected by the Building Official. Electrical Observation is not in lieu of required Building Division Electrical Inspections. Upon completion of the portions of the work requiring observation, a Certificate of Compliance shall be issued to the Building Official over the seal and signature of the engineer responsible for such observation. A Certificate of Occupancy will not be issued until the Building Official receives and approves any required observation reports and the Certificates of Compliance. The Certificates of Compliance for observation shall read as follows:
CERTIFICATE OF COMPLIANCE FOR THE ELECTRICAL OBSERVATION "I certify that to the best of my knowledge the requirements of the California Electrical Code and approved plans and specifications have been complied with insofar as the portion of the work requiring electrical observation is concerned, except for those deviations that have been previously reported and approved of by the Building Official.
A guarantee that the contractor has necessarily constructed the building in full accord with the plans and specifications is neither intended nor implied."
Section 9-36.060. Subsection 80.19(F)8 of Annex 1-1 Added: Special Inspection Required.
Section 80.19 of Annex H of the Califomia Electrical Code, 2022 Edition, is amended by adding a new Subsection
80.19(F)8 to read as follows:
80.19(F)8 Special Inspection. In addition to the inspections required by this Section, electrical special inspection shall be provided for the following items:
1. Ground Fault Protection of Equipment: or
2. Switchboards, Distribution Boards, and Motor Control Centers 1000 amps or more and/ or over 600 volts; or
3. Transformers 100 kVa or more single phase or 300 kVa or more three phases; or
4. Solar Photovoltaic Systems greater than 100 kVa; or
5. Hazardous Locations; or
6. Licensed Clinics (OSHPD 3); or
7. Installations of Critical Operation Systems (C.O.P.S.).
Special Electrical Inspections include, but are not limited to, observation of the work assigned for conformance with the approved design drawings and specifications, and submission of appropriate inspection reports to the City of Santa Maria Building Inspector. The Special Electrical Inspector shall be a qualified person who demonstrates competence to the satisfaction of the Building Official for the type of work and/or testing requiring Special Inspection.
These individual(s) or firm(s) shall be responsible for performing the Special Inspection tasks and reports required by the California Electrical Code and City of Santa Maria Regulations. The Special Electrical Inspector(s) shall be a designated registered design professional familiar with the materials and design or a third -party individual, firm or testing agency and shall not be the installing contractor.
Section 9-36.070. Subsection 80.19(H) of Annex H Amended: Expiration Subsection 80.19(H) of annex H of the 2022 California Electrical Code, 2022 Edition, is amended by substituting Section 9-04.180 of this Code in its place in its entirety. 22 Section 9-36.080. Subsection 80.19(1) of Annex H Added: To Whom Permits May Be Issued.
Section 80.19 of Annex H of the California Electrical Code, 2022 Edition, is amended by adding subsection
80.190) to read as follows:
80.19(1) to whom permits may be issued. No permit shall be issued to any person or fum to do or cause to be done any electrical work regulated by this Chapter, except to such person or firm holding both a valid unexpired and unrevoked contractor's license issued by the State, enabling the performance of such work and a valid unexpired City business license to engage in the business of such contracting work in the City.
Exception: Any electrical permits required by the California Electrical Code may be issued to any person to do any electrical work regulated by the Code in a single-family dwelling used exclusively for living purposes, including the usual accessory buildings in connection therewith; provided, that such person is the owner of such dwelling and that the same is occupied by, or is intended to be occupied by, the owner; and provided further, that the owner personally purchases all materials and performs all labor in connection with the electrical work.
Section 9-36.090. Section 80.23 of Annex H Amended: Violations and Penalties.
Section 80.23 of Annex H of the California Electrical Code, 2022 Edition, is amended in its entirety to read as follows:
80.23 Violations and Penalties.
(A) Violations. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any electrical system or equipment in the City, or cause or permit the same to be done in violation of this Code. (B) Penalties. Any person, firm, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine and/or imprisonment as set forth in Title 1, Chapter 6 of the City of Santa Maria Municipal Code. Furthermore, each separate day or any portion thereof, during which any violation of this Code occurs or continues, shall be deemed to constitute a separate offense.
Section 9-36.100. Section 80.25 of Annex H Amended: Energy Connections.
Section 80.25 of Annex H of the California Electrical Code, 2022 Edition, is amended in its entirety to read as follows:
80.25 Connections to Electricity Supply. All installations of electric services shall be made in accordance with all applicable rules of the particular utility company concerned. No service may be energized until work is completed to the satisfaction of the Building Official.
Section 9-36.110. Section 250.52(A)(3) Amended: Concrete Encased Electrode.
Section 250.52(A)(3) of the California Electrical Code, 2022 Edition, is amended by adding a new last paragraph to read as follows:
"Every new building or addition shall be provided with a concrete encased grounding electrode as defined in the above paragraph. This requirement may be waived by the Building Official when completely justified by hardship conditions."
SECTION 10. Chapter 9-40, Mechanical Code, of Title 9 of the City of Santa Maria Municipal Code is hereby amended to read as follows:
CHAPTER 9-40 MECHANICAL CODE
Section 9-40.010. California Mechanical Code, 2022 Edition, Adopted.
The provisions of the California Mechanical Code and Appendices B, C, D, F, and G, 2022 Edition, and subsequent Editions, as adopted by the State of California, Building Standards Commission or successor agency, as published by the International Association of Plumbing and Mechanical Officials, are adopted by reference, subject to the additions and amendments set forth in this Chapter. 23 Section 9-40.020. Subsection 104.4.3 of Chapter 1 Amended: Expiration.
Section 104.4.3 of Chapter 1 of the California Mechanical Code, 2022 Edition, is amended in its entirety as follows.
104.4.3 Expiration. Every permit issued shall remain valid for a period of 365 days after issuance. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.
The extension shall be requested in writing and justifiable cause demonstrated.
Section 9-40.030. Subsection 104.5 of Chapter 1 Amended: Fees.
Subsection 104.5 of Section 104 of Chapter 1 of the Califomia Mechanical Code, 2022 Edition, is amended in its entirety to read as follows:
104.5 Fees. Permit fees shall be as set forth in the current City of Santa Maria Schedule of Fees and Charges. 104.5.1 Fee adjustments by resolution: Authorized. The fees provided for in this Section shall be established and amended by City Council resolution.
104.5.2 Special Investigation Fees: 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. An investigation fee, in addition to the permit fee, may be imposed subject to the discretion of the Building Official whether or not a permit is then or subsequently issued. The investigation fee shall not exceed the amount of all permit fees required by this Code for the unpennitted work. 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.
104.5.3 Refunds. The Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The Building Official may authorize refunding of not more than 80 percent of the permit application fee when an application for a permit is withdrawn or canceled before any plan review is done. The Building Official shall not authorize refunding of any fee paid except on a written application filed by the original applicant not later than 180 days after the date of fee payment.
Section 9-40.040. Subsection 105.2.7 Added: Smoke Detectors, Special Inspection Required.
Subsection 105.2 of Section 105 of the California Mechanical Code, 2022 Edition, is amended by adding a new Subsection 105.2.7 to read as follows:
105.2.7 Special Inspections Required.
105.2.7.1 Smoke Detectors. Special inspection shall be required for the installation of smoke detectors associated with smoke dampers and/ or H.V.A.C. shutoffs. The detectors shall be tested by an approved testing agency or a qualified third -party Special Inspector. The Special Inspector/Testing Agency shall be an independent third -party individual or firm and shall not be the installing contractor. A Professional Engineer shall submit a final signed and sealed report to the Building Inspector documenting successful testing and device operation prior to City issuance of final inspection approval or occupancy approval, including conditional occupancy approval. 105.2.7.2 Duct Fire Wrap. Special inspection shall be required for the installation of listed fire -resistive duct wrap systems that consists of two or more layers of material. The Special Inspector shall physically be present during the installation of each wrap layer and verify that it is installed per its listing. The Special Inspector shall be an independent third party individual or firm and shall not be the installing contractor. The Special Inspector shall submit a final signed and dated report to the Building Inspector documenting successful installation per its listing prior to City issuance of final inspection approval or occupancy approval, including conditional occupancy approval. 105.2.7.3 Unlisted Gas Fired Appliances. Gas fired appliances, which are proposed that are not listed and labeled by an approved listing agency shall have a special inspection, be evaluated by a qualified California Licensed Professional Engineer and have an Engineer's Report provided prior to final inspection approval by the City of Santa Maria.
24 The project owner shall employ a qualified Engineer to evaluate the unlisted gas -fired appliance and its installation. The qualified Engineer shall prepare an Engineer's Report that finds the equipment and installation to be in compliance with the California Mechanical Code, all applicable nationally recognized construction and installation standards and declares the installation to be in a "safe operational condition" as of the date of the report.
Section 9-40.050. Section 106 of Chapter 1 Amended: Violations and Penalties.
Subsection 106.1 and 106.3 of Section 106 of Chapter 1 of the California Mechanical Code, 2022 Edition, are amended in their entirety to read as follows:
106.1 Violations. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any mechanical system or equipment in the City, or cause or permit the same to be done in violation of this Code. 106.3 Penalties. Any person, firm, or corporation violating any provision of this Code shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine and/or imprisonment as set forth in Title 1, Chapter 6 of the City of Santa Maria Municipal Code. Furthermore, each separate day or any portion thereof, during which any violation of this Code occurs or continues, shall be deemed to constitute a separate offense.
Section 9-40.060. Subsections 107.3 and 107.4 of Chapter 1 Added: Appeal Hearing Fee and Special Purpose Members.
Section 107 of Chapter 1 of the California Mechanical Code, 2022 Edition, is amended by adding new Subsections 107.3 and 107.4 to read as follows:
107.3 Appeal Hearing Fee. A fee as provided in the current City of Santa Maria Schedule of Fees and Charges shall accompany an application for a hearing before the Board of Appeals. 107.4 Special Purpose Members. For the purpose of appeals to the standards of Title 24 of the California Code of Regulations affecting accommodations for persons with disabilities, two (2) persons shall be added who shall have a disability as defined in Section 202, Califomia Building Code, 2022 Edition.
Section 9-40.070. Section 108.0 of Chapter 1 Added: Qualification for Permits.
Chapter 1 of the California Mechanical Code, 2022 Edition, is amended by adding a new Section 108 to read as follows:
108.0 Qualifications for Permits.
108.1 To whom permits may be issued. No permit shall be issued to any person or firm to do or cause to be done any mechanical work regulated by the Code except to such person or firm holding both a valid contractor's license issued by the State enabling the performance of such work, and a valid City business license to engage in the business of such person contracting such work in the City.
EXCEPTION: Any mechanical permits required by the Code may be issued to any person to do any mechanical work regulated by the Code in a single-family dwelling used exclusively for living purposes including the usual accessory buildings in connection therewith, provided such person is the owner of such dwelling and that the same is occupied by said owner, or that said owner intends to personally occupy such dwelling, and provided further that said owner shall personally purchase all materials and perform all labor in connection with the work.
Section 9-40.080. Subsection 302.1 Amended: Approval.
Subsection 302.1 of Section 302 of Chapter 3 of the California Mechanical Code, 2022 Edition, is amended by adding new Exception to read as follows:
EXCEPTION: Third -Party Listing. Unlisted appliances and equipment shall be evaluated by a Listing Agency or qualified professional engineer with special inspection and approved by the Building Official. A report addressing the appliance/equipment shall be submitted to the Building Official that finds the equipment and installation to be in 25 compliance with the California Mechanical Code; all applicable nationally recognized construction and installation standards; and declares the installation to be in a "safe operational condition" as of the date of the report.
Section 9-40.090. Section 303 Added: Installation.
Section 303 of Chapter 3 the California Mechanical Code, 2022 Edition is amended with the adding new Subsections 303.13 and 303.14 to read as follows:
303.13 Weather Protection. Unless listed or designed for outside installation, appliances and equipment on the roof of a building shall be enclosed in a penthouse complying with the requirements of the Building Code for roof structures or shall be completely enclosed in a weatherproof housing. The housing, when constructed of metal, shall be of galvanized steel not less than 0.024 inch (0.61 mm) (No. 24 U.S. Standard gage) or of aluminum not less than No. 22 B.&S. gage supported on a substantial metal frame. In addition to the requirements of Section 904.10, the housing shall be not larger than necessary to properly cover and provide a minimum six (6) inch (152 mm) clearance around the appliance or appliances enclosed therein, including all controls and draft diverters. 303.14 Ventilation. An enclosure or penthouse shall be provided with openings complying with the requirements of Chapter 7, together with means for proper ventilation of the appliance or equipment draft hood relief openings.
SECTION 11. Section 9-44.060 of Chapter 9-44, Property Maintenance Code, of Title 9 of the Santa Maria Municipal Code is hereby amended to read as follows:
CHAPTER 9-44 PROPERTY MAINTENANCE CODE
Section 9-44.060. Subsection 108.1 of Chapter 1 Amended: General.
Subsection 108.1 of Section 108 of Chapter 1 of the International Property Maintenance Code, 2018 Edition, is amended to read as follows:
108.1 General. When a structure or equipment is found by the code official to be unsafe, unfit for human occupancy, or unlawful, such structure or equipment shall be placarded accordingly pursuant to Section 108.4 of this Code.
108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property, or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure that is in such disrepair or condition that such equipment is a hazard to life, health, property, or safety of the public or occupants of the premises or structure.
108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance is insanitary, vermin, or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered, or occupied contrary to law. 108.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be dangerous:
1. Any door aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.
2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, tom, or otherwise unsafe as to not provide safe and adequate means of egress. 26 3. Any portion of a building, structure, or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism, or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.
4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached, or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value.
5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.
6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.
7. The building or structure is neglected, damaged, dilapidated, unsecured, or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.
8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.
9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
10. Any building or structure, because of a lack of sufficient or proper fire -resistance -rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health.
11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.
SECTION 12. Section 9-44.061 of Chapter 9-44, Property Maintenance Code, of Title 9 of the Santa Maria Municipal Code is hereby added to read as follows:
Section 9-44.061. Subsection 108.4 of Chapter 1 Amended: Placarding.
Subsection 108.4 of Section 108 of Chapter 1 of the International Property Maintenance Code, 2018 Edition, is amended to read as follows:
108.4 Placarding. Pursuant to conditions found in Sections 108.1, 108.2, 108.3 and 108.5 of this Code, the Building Official or designee shall post on the subject premises, structure or equipment a placard stating either "Unsafe" or "Limited Entry." Such placard shall include the penalty for violating the conditions of the placard and reference to the appeals process of Section 113 of 2022 Califomia Building Code as amended by the City of Santa Maria in Section 9-04.080 of this Code.
SECTION 13. Chapter 9-76, Mobile Home Parks, of Title 9 of the City Santa Maria Municipal Code is hereby deleted, as it is a duplicate of Chapter 9-48.
SECTION 14. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section
18.36.10.H. (Statutory Exemption) of the CEQA Guidelines because the adoption of this Ordinance will not result in any physical harm to the environment because the City Council 27 hereby finds with certainty that there is no possibility the passage of this Ordinance amending the zoning code will have a significant effect on the environment.
SECTION 15. If any part or provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the Chapter, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable.
SECTION 16. This Ordinance shall be in full force and effect on January 1, 2023.
Within 15 days following its passage, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in accordance with State Law; or when deemed necessary due to the length or complexity of the Ordinance, cause a summary of the Ordinance to be prepared and published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted. If a summary is published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted, then within 15 days after adoption of the Ordinance the City Clerk shall publish a summary of the Ordinance with the names of those City Council Members voting for and against the Ordinance and shall post a certified copy of the full text of such adopted Ordinance along with the names of those City Council Members voting for and against the Ordinance.
SECTION 17. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
INTRODUCED at a regular meeting of the City Council held the 15th day of November 2022, and PASSED AND ADOPTED at a regular meeting held on the 20th day of December 2022.
ATTEST: Mayor
APPRO e • 0 FORM:
Chief Deputy City Clerk
ttomey
APPROVED AS TO CONTENT:
Departmen irector
ty Ma ager
28