Lake Tahoe Airport – Rates & Charges Study
Stakeholder Tenant/User Meeting
August 31, 2022
Meeting Summary
Seth Dallol
Michael Swijacz
Michael Golder
Greg Felton
Jose Allen
Mario Filice
Others:
City Staff: Joe Irvine, Anush Nejad, and John Dickinson Consultants: Hilary Fletcher, Jviation and Nick Johnson, Johnson Aviation
1. Introduction – John Dickinson, Airport Manager
• Welcome and thank you for attending
• Current work at the Airport is focused on maintenance and reliability; tree removal; pavement maintenance
• Future projects – Airport Master Plan, potential CalFire base • Deferred maintenance
• 3 employees
• Enterprise fund of the City that can be self-sustaining
2. Joe Irvin – City Manager
• New team at the City and the Airport. Working together to set the Airport on a stronger financial path
• Want to hear input and ideas from tenants and users of the Airport • Introduced Anush Nejad, Public Works Manager – City has significant deferred maintenance; Airport needs hangars; FAA provides significant capital improvement grants that require 10 percent local match
• John Dickinson is new and was hired to bring focus and energy to the Airport enterprise
3. Hilary Fletcher – Jviation project lead
• Background and overview of Rates and Charges study
o Operational reliability
o Financially self-sufficient
o Reduce City subsidy
o Provide 10% match for federal grants
o CEQA environmental requirements for development projects; not eligible for federal grants but required for projects
o TRPA permit required for development
o Airport Master Plan and TRPA permit needed for additional federal grant funds 370
• Meeting participants comments and questions about the study:
o Airports Survey for Rates
Add Carson City
Add Minden
Commercial property rates
o Back-up data on rates analysis – want to see more details o Destination airports
o Michael Golden
Airport competition with 5 airports
Apples to oranges between TVL and other destination airports Disadvantaged with taxes CA vs NV on fuel and property Other airports have less weather to deal with – snow removal Out of area – attractive
Last 20 years traffic decline
Year after year increased fees
Don’t believe that improvements will be made
Economic Impact Study in the past showed Airport contributes to local economy
o Tenant in office building – 12 years
Net Jets and similar users limited by company policy on winds and rising terrain
Dangerous airport
County Airport
Demographics of residents?
o Greg Felton – Hanger 5
process from here?
o Alternatives; why pay a premium?
o Michael Golder, FBO Manager – fees are too high, and hangars filled with boats • Hilary Fletcher (finished presentation)
o Summary of study findings
o List of Capital Improvement Program (CIP) needs
o Study included Constrained CIP needs - $600K/year included is less than the total CIP needs
o Rates and Charges change over 3 years but remain short of breakeven o Need local match (approx. 10%) for federal grants to make capital improvements o Finalize recommendations and present to City Council for adoption of new rates and charges
4. Anush Nejad, Public Works Director
• Rate increases difficult – spread over 3 years
• Still not in the black
• FAA regulations require effort by City to be self-sustaining • $500k in deficit in City for deferred maintenance
• City already subsidizing airport by renting space at Airport and paying shortfalls • Rates may be too high and drive out some users
371
5. Additional User Comments and Discussion
• Seth Dallol, new resident
o TVL is a destination airport
o Wealthy folks are majority users
o Charge more to visitors
• Michael Golden, FBO Manager
o One big financial mess
o 15-20 years (16 years) running FBO
o Easy lever to raise fees
o What is City going to do to raise utilization of airfield? o Sales tax on jet fuel is big disadvantage
o No fuel flow fee at Truckee
o Transient users can ferry in fuel and avoid buying at TVL o Landing Fee is disadvantage
o City Hall needs to pay full cost
o Hangars are full but not all have aircraft
o Need Hangar Inspection
o 30% non-aeronautical use estimated
o Believes hangars in high demand is bogus
• Nick Johnson re: Market Rates
o Increase operations to spread costs
o Years of degradation of airport facilities; need repairs o Believes snow removal equipment was given to City
Discussion about snow removal equipment available and new equipment coming this snow season
Discussion about snow blower shaft breaking last year and delay in getting replacement during snowstorm; closed airport for extended period; hurt operations and reliability
City purchased parts and spares to be better prepared this year • Other additional comments on study and Airport in general:
o Need marketing plan
o Displaced threshold removal after trees are trimmed
o NAVAIDS are being repaired and back online
o Everybody can get behind paying more with better reliability and service o How do we know the City will follow through on changes? o Biggest obstacle – snow removal; snow on ramp
o Fuel truck access to fuel farm during snowstorms
o Need part time seasonal employees for snow removal
o More money into airport from other sources; charge casinos $250k each o Need more hangars
o Increase aircraft operations in projection [study held operations constant to be conservative on projections]
o 55 on hangar waiting list; charge fee to be on hangar waiting list o Increase operations
o Need a flight instructor based on the field
o Restart Airport Advisory Board/Airport Commission to advise City Council o Need new hangars; understand how to work with TRPA permitting process 372
• Closing comments from City staff
o Establish performance measure to assess success
o Obstruction clearing (save $1M)
o PAPI; localizer fixed
o Snow removal equipment purchases and repairs
o Snow removal contract in place for this coming snow season o Deicing not allowed due to environmental sensitivity/protection o Focus on making sure the Airport facilities are safe
o Focus on maximizing access to federal funding
o Thank you for taking the time to participate in the process
6. Meeting closed at 11:00 am.
373
APPENDIX B
374
NO. TIME DATE SUBMITTED BY COMMENT RESPONSE
1 2:58P 8/17/2022 Todd Maly to John Dickinson Hi John, will the rate increase for the RV spaces be for current renters. I pay for the space year-round but only use it in the winter. I spend lots of time up there snowboarding and I stay at the local campgrounds.
The rate for parking in the airport lot will
increase for all users and be charged on a per
space basis.
2 3:38P 8/17/2022 Gary Baker to John Dickinson Let me get this straight. We are currently paying double the hangar rent of the median comparison airport. And you intend to double that again? Did I read that right? The final report provides three plans for rate
increases with varying degrees of change to
airport hangar rates based on the proposed
timeframe for implementation. Current
hangar rates at Lake Tahoe Airport do exceed
the median rates identified in the analysis.
3 5:17P 8/17/2022 Todd Maly to John Dickinson I understand the change, but those spots have no security, no gate. It's just a parking spot. $56 is fair for the space. You should reconsider the increase.
Comment noted.
4 7:01P 8/17/2022 Mark Donnelly to John
Dickinson
Welcome aboard! Thanks for sharing the new rate and charges technical report. Comment noted.
I support the desire to make the airport fund self-sustaining. However, I urge you to be careful and more restrained with the hangar rate increases. Right now, you are proposing to almost double the rates over the next three years. Econ 101 will tell you that a huge price increase will result in a big drop in demand.
The resulting vacancies will hinder your goal to achieve a balanced budget. Reid Hillview Airport in San Jose raised tie-down and hangar rates to exorbitant levels a few years ago. The result has been huge numbers of empty tie downs and some hangar vacancies despite enormous regional demand for airplane storage space in the Bay Area. That has put the annual operating fund in a loss position. However, in the case of KRHV, that poor result was the desired outcome by local politicians who want to close the airport and redevelop the acreage into housing. The airport is falling into disrepair despite a record number of flight operations and huge demand at the FBO’s. I suspect the length of the KTVL wait list is artificial because it’s free to get on it! Your suggestion to charge a non-refundable fee to get on the wait list is a good idea. It’ll help clear out some of the lookers vs the folks who will actually lease a hangar. You should also require the people on the waitlist to actually have an airplane! You’ll then have a better idea of the true unfulfilled demand. I support increasing the hangar lease rates, but please do so at a more moderate rate (lower annual increases spread over a longer period). Almost doubling the rates over three years will clear some hangars and dramatically reduce the waiting list for sure. By your own study, after the proposed rate increases, the hangar rates at KTVL will be much higher than median prices for the airports in the comparison study. I am current T-hangar tenant and on the waiting list for a box hangar. Fortunately I am in a position to afford higher rates, but I’m worried about the impact to the airport and its users if the rates are to be increased so exorbitantly. There are lots of tenants with less expensive airplanes. When you increase the hangar price to be about 10-25% of the airplane value per YEAR, it’s gonna be rough! Taking advantage of the TRPA credits sounds great, especially if used to build good hangars at a fair price.
Our current hangar building can’t handle heavy snow load.
The Airport is proposing to collect a nonrefundable deposit to be on the waiting list.
The final report provides three plans for rate
increases with varying degrees of change to
airport hangar rates based on the proposed
timeframe for implementation. Current
hangar rates at Lake Tahoe Airport do exceed
the median rates identified in the analysis.
PUBLIC COMMENT LOG
TVL Rates and Charges Study
375
Speaking of snow, it’s unfortunate we can’t clear the snow effectively. Much of the winter, I can’t get my airplane in or out of the hangar without two hours of shoveling to clear a path in the hangar taxiway. That makes the hangar rent increases feel even more unfair because we only get partial use of the hangar due to the winter season lack of snow clearing. Getting City Hall to pay maintenance and utilities and a fair market rate sounds great. Collecting the landing fees and fuel flow receipts sounds like good business and likely to help. The car and RV parking rates look amazingly low, so an increase there makes sense to me.
Constructing more business and vehicle storage space sounds good. I can’t make the meeting on August 31st. I’ll be camping in the Sierras, which is an activityI hope you get to enjoy as a new resident of this beautiful area! I wish you well in your new job and hope you enjoy it very much. We have many challenges at KTVL, but also great opportunity. Best regards, P.S. I was executive in charge of global product pricing for Apple for several years, so I have a sound understanding of pricing impact on demand and how price increase exuberance may alter demand very unfavorably. Just sayin'… As outlined in the report, assumed future
expenses only accommodate the Airport's
current employment structure. The proposed
rate structure is intended to provide funding
to improve operational realiabilty, including
snow removal.
5 10:41A 8/18/2022 Mark Donnelly to John
Dickinson
Two more things: 1. Thanks for keeping the taxiway repairs in the slimmed down capital budget. It’s important. The pavement has failed and is a danger to aircraft and personnel. I currently have to pull my airplane all the way in and out of the Hangar rows because the FOD makes it too dangerous to run the engine and prop in the taxi lane. At the last annual inspection, FOD damage was apparent on the compressor turbine blades of my PT6 engine. Fortunately, this time, it was minor enough to blend out and did not cause engine failure. 2. South facing hangars get the benefit of sun warming to melt snow and ice in front of them. They often “self clear” a few days after a mild snowstorm. On the other hand, the north facing hangars are shaded most of the winter. Therefore, snow and ice drifts build up and snow cornices break off the roof and fall in front of the doors, sometimes leaving piles several feet thick. For this reason, I keep a mattock, heavy shovels, a breaker bar, and a snow blower in my north facing hangar. It takes a lot of work after a freeze-thaw-freeze cycle to break the ice and clear a path. Given the extra effort and less wintertime utility of north facing hangars, I think you could charge more for south facing hangars and less for north facing. I’ve been on the waiting list for a south facing hangar for years. I’d certainly pay more to have the sunshine assistance! Thanks,
Comments regarding the capital
improvements are noted. The three plans
provided in the final report identify rate
increases that will help address capital
program needs.
6 7:54A 8/19/2022 Ben Thomson to John
Dickinson
Good morning, John, Thank you for sending this report and proposed rates. The proposed 25% increase for hangar rent in one year seems excessive. Since the airport is currently well above peer hangar rent median rates, could the rate be kept the same for at least aeronautical users and raise the non-aero by CPI only? Alternatively, non-aero could be increased to 75% above aero? Is the hangar row taxilane project firmly scheduled for 2023? Why is taxilane D separate? What is being done to reduce costs so that expenses are brought down to meet revenue? Are your office phone numbers still 542-6182 and 6180? Regards, All hangars are intended for aeronautical use,
while the storage units in the hangar
buildings make up a small percentage of total
building square footage that could be
charged a non-aeronautical rate, limiting the
overall impact on the bottom line of any
potential non-aeronautical rate increase
The final report notes that all janitorial,
custodial, and utility expenses fall under the
Airport Terminal Building expense account.
Incorporating these costs based on percent
share of rented space in the terminal could
help reduce the Airport's operating expenses.
376
7 10:11A 8/19/2022 Demian Warner to John
Dickinson
Hi John, I had some time to look over the proposal and I have a few questions and comments. 2.2.1 states the Airport accounts for 1% of the City budget. Why the sudden need to make it self-sufficient? 4.5 states that hangar rates are “significantly higher” than the median, but 6.1.1 seems to place virtually all of the financial burden on hangar tenants with the argument being demand and development constraints. The same argument applies to Building Leases, which are presently near the median and only marginally increased. Further, Storage Units see virtually no increase when they are literally non-aeronautical use of the same hangars that are almost being doubled. Why no proposed increase in landing fees? Frankly, there’s just not a lot of rationalization for nearly doubling hangar rent over three years. 6.1.1 mentions a hangar waiting list of 43 aircraft owners. My [perhaps false] understanding was that aeronautical use took precedence over non-aeronautical use. There are -a lot- of full size hangars being used as storage space with no aircraft. Shouldn’t aircraft owners on the lengthy waiting list be assigned to these nonaeronautical hangars? Glad to chat in person when you’ve got free time. Just wanted to get this on record before the close of comments.
The Lake Tahoe Airport operates as an
Enterprise fund and therefore provides
services and collects fees to sustain
operations. As a result of accepting grant
funding from the FAA, the Airport is obligated
to comply with grant assurances, one of
which is to maintain a fee and rental
structure for the facilities and services at the
airport which will make the airport as selfsustaining as possible.
All hangars are intended for aeronautical use
while storage units included in the buildings
are charged an aeronautical or nonaeronautical rate depending on the materials stored in the units.
An evaluation of the landing fee structure
was conducted prior to this study.
8 9:27P 8/28/2022 Greg M. Jones to John
Dickinson
Thanks for sharing. No major comments other than in regards to parking - I'm on the waiting list for parking a boat + trailer, so it pains me to say this, but it's totally reasonable for you to raise rates to be more in line with other options (RV/boat storage facilities) in SLT. Best wishes to you navigating all of these changes - I wish you well!
Comment noted.
377
9 7:49A 8/29/2022 Howard Manning to John
Dickinson
John, good morning - I have several questions, but would like to know does the airport considers guidelines presented in order 5190.6b, Airport Compliance manual/program. Does the airport comply with obligations that arise from FAA grant agreements. Order 5190.6B, dated November 22, 2021 change 1, references a benchmarking analysis by Explorer Solutions of airport hangar fees. In settings hangar fees, the analysis considers airports of similar size and nature. Would this be something that South Lake Tahoe airport references or considers. Also of concern is the taxiways between the hangars. Will H.R. 468-117th congress (2021-2022) infrastructure act effect South Lake Tahoe. $294 million to airports in CA.
By conducting the Rates and Charges Study,
the Lake Tahoe Airport is seeking to comply
with the obligations associated with FAA
grant assurances.
A review of Change 1 to Order 5190.6B dated
November 22, 2021 was conducted following
your comment. A benchmarking analysis by
Explorer Solutions was not identified in a
review of the document. The Rates and
Charges Report does consider airports of
similar size and nature, as evidenced in the
list of facilities used for comparing existing
rates.
In regards to the Bipartisan Infrastructure
Law, the Airport will receive $159,000 each
year for the next five years, which is planned
for future capital projects. It is important to
note that even with this funding, there is still
a 10% local match required. The rate
increases outlined in the Report would help
the Airport fund this required match for BIL
projects and those projects ineligble for
federal funding.
378
10 2:37P 8/29/2022 Greg Felton to John Dickinson Congratulations on your new role in our community. I had hoped that I’d have a chance to meet you before the bombshell of a rate increase was dropped. It looks like the City is trying to make up the shortfall entirely on the backs of the hangar tenants. Questions that IMMEDIATELY come to mind: It appears the study failed entirely to look at local hangar options e.g. Minden and Carson City. Minden is a very viable option for us. The rates there are $358 for a 1,092 ft2 hangar to $420 for a $1,650 ft2 hangar. Our hangar at KTVL is already over $500 and with this proposal would go to $1,000. That’s outrageous. I see the list of reference airports but to totally ignore options in our backyard is irresponsible. How the information is presented, it wasn’t clear to me if the City is paying a fair rate for all the space they are using in the terminal. The City surely should pay (at least) what it would pay a third party for use of that space, or what it would pay if it had to go rent commercial space somewhere else in town. It’s clear there are some items (building lease, RV, local storage, etc) that are at or below the market measures but those aren’t being cranked up. The city’s box hangar rates are already at the high end of the range of the study and what’s being proposed would be more than 60% above the TOP of the range found in the benchmarking. How is this justifiable? Is the waiting list REALLY 30 planes deep? I thought there were hangars currently being rented for non-aviation uses? How can that be when the City is legally if not morally bound to rent to aviation users first? What is the City going to do when people like us pull out and there are hangars generating no income whatsoever? Are Federal grant funds appropriately accounted for as income specific to the airport, not mixed in the general fund? I’d welcome a chance to talk to you about this.
The list of peer airports was developed with
resort community, high-demand airports in
mind. Rates for office space in the terminal
building were benchmarked against other
local options and those listed at other
airports. Tenant responsibility for utilities
and other operational expenses is mentioned
in the report as currently falling under
Airport Operating Expenses. A nonrefundable deposit for placement on the waiting list is proposed.
All hangars are intended for aeronautical use
while storage units included in the buildings
are charged an aeronautical or nonaeronautical rate depending on the materials stored in the units.
Three plans for rate increases are provided in
the final report that provide the opportunity
to place the Airport in a position to be
financially self-sustaining. In its current
financial position, the Airport cannot support
local match for federally funded projects or
fund projects that are ineligible for federal
funding.
379
11 11:52A 8/30/2022 Tom Meyer to John Dickinson Regardinging the hangar lease rate adjustments proposed by Jviaton for the airport, I'd like to make the following public comments: 1. Based on the Jviation report, airport operating costs are currently coverd by airport revenue. Specifically, the 5-year average operating expense is $941,465.80 (reerence table 2-1 years 2017-2021). The 2021 operating revenue is $970,849.00 (reference table 2-1). Of note, the existing operating revenue is steadily increasing, is largely adjusted annually for CPI, and as stated in table 2-1 does not include an additional $159,000.00 the airport receives annually in Federal grant money (at minimum through 2027). Based on this data, the proposed lease rate increases are not required for airport operating expenses. 2. With regard to capital expenses (reference tables 2-4 & 2-5 of the Jviation report), annual operating revenue already exceeds average operating expenses by approximately $200,00-.00. This surplus is the airport-share of capital project cost. The City of South Lake Tahoe realized $20.6 million of economic output from the airport, 215 local jobs and 'a number of qualitative benefits for the region' (refernce economic impact study by the University Center for Economic Development at the University of Nevada, Reno). The balance of any capital project cost is very reasonable investment for the city in trade for economic benefit of the airport asset. 3. In closing, the FAA specifies non-discrimination in fee assessment at the airport (reference 22. Economic Nondiscrimination – The airport must remain available for public use and without unjust discrimination.) Current hanger lease rates are well-above median rates in the region. Annual adjustments beyond CPI discriminates further against our local residents who need and utilize airport hangers to participate in general aviation. The proposed rate increases are not in the spirit of FAA guidance for airport infrastructure and will cause harm to local residents who are ultimately pricedout of utilizing the airport. Thank you for the opportunity to add my voice in dissent of the proposed hanger lease fee increases at the airport.
Thank you for your comments. As outlined in
the final report, operating revenues are close
to covering operating expenses but falls short
of covering future capital needs of
approximately $500,000 to $600,000 in the
coming years.
The $159,000 from the Bipartisan
Infrastructure Law is currently allocated to
projects listed in the Airport's Capital
Improvement Plan (ACIP). Projects included
on the ACIP that are federally funded still
require 10 percent local match. The ACIP also
includes projects that are ineligible for
federal funding and will require local funding
to complete. These project costs are unable
to be funded by any existing or projected
surplus from extra operating revenues with
the current rate structure.
The airport will remain available for public
use and offers alternatives to hangars in the
form of tiedowns.
12 3:24P 8/31/2022 Michael Golden to Anush
Nejad
Anush, As always, it was a pleasure seeing you earlier today. You are in an difficult position on behalf of the City with regards to all the infrastructure, not just the airport. We remain committed to the airport and its operations. While I certainly understand the financial constraints the City faces, I would urge the City to take a more measured approach regarding the airport fee structures, in particular on the hangar rents and flow fee. Solely my opinion, but based on experience the proposed increases are inordinate. If the City proposed doubling the Transient Occupancy Tax, there would be mobs of angry citizens storming the City Council meeting. While the City has the right to raise these fees, the old adage applies here “just because you can, doesn’t mean you should”. In any event, I think getting the users of the airport together for this discussion was a productive step. The solution to this is greater utilization of the airport. As I said, a rising tide lifts all ships. Thank you again for your efforts. Best regards,
The airport is in a position as an Enterprise
fund and through accepting FAA grants, to be
as self-sustaining as possible. Due to the
significant capital program needs, as outlined
in the final report, increases to the current
rate strucuture are necessary to fund local
match for federal grants as well as projects
that are ineligible for federal funding.
13 2:08P 9/1/2022 Gary Baker to John Dickinson Is that correct? We're going to be quadruple the median hangar rent? The final report provides three plans for rate
increases with varying degrees of change to
airport hangar rates based on the proposed
timeframe for implementation. Current
hangar rates at Lake Tahoe Airport do exceed
the median rates identified in the analysis of
peer airports.
380
381
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: October 4, 2022
Agenda Item #: 19
Agenda Item: Ordinance Adopting 2022 California Building Standards Code (First Reading) Executive Summary: The California State Building Codes (California Code of Regulations Title 24) will be updated as of January 1, 2023. Modifications to the South Lake Tahoe City Code are needed to comply with the State's updated building safety requirements. State law provides the opportunity for local government to either adopt the state's building code standards or to review and modify them, provided that the changes made are supported by findings that the changes are reasonably necessary because of local climatic, geological, or topographical conditions.
Requested Action / Suggested Motions: Pass a Motion to hold first reading (by title only) of an Ordinance amending South Lake Tahoe City Code, Title 6, Chapter 6.15 Building Regulations, Articles I-IV, by adopting the 2022 California Building Standards Code (California Code of Regulations Title 24), including California Green Building Code, Building Code, Fire Code, and related Construction Codes, and refer second reading and adoption to the November 15, 2022 meeting.
Responsible Staff Member: Hilary Roverud, Director of Development Services Responsible Staff Member: Ron Beehler, Interim Building Official Hilary Roverud, Director of Development Services
Reviewed and Approved By:
Susan Blankenship, City Clerk
Olga Tikomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Building Ordinance.docx
02-Ordinance - Building Regulations.docx
03 -Exhibit A to Ordinance, Chapter 6.15 Building Regulations - Edited.docx 04 -Ch 6.15 Redline.pdf
431
Council Agenda Report October 4, 2022 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: October 4, 2022
Title: Ordinance Adopting 2022 California Building Standards Code Location: Citywide
Responsible Staff Member: Ron Beehler, Interim Building Official Background: The 2022 California Building Standards Codes (CBSC), which includes the Fire Code, becomes effective in California cities on January 1, 2023. Typically, every three years, the California Building Standards Commission reviews and revises the California Building, Fire, Plumbing, Mechanical, Residential, Green Building and Electrical Codes.
California Health and Safety Code Section 17958 requires local agencies to adopt the building standards contained in these uniform statewide codes but allows cities to modify the codes to reflect local conditions. The City of South Lake Tahoe adopted its current codes, incorporating and modifying the 2019 California Building Standards Code in December 2019.
Issue and Discussion: Modifications to the South Lake Tahoe City Code are needed to comply with the State’s updated building safety requirements. State law provides the opportunity for local government to either adopt the state’s building standards or to review and modify them, provided that the changes to state law made by cities and counties impose equal or more restrictive requirements.
The building related codes that will be adopted by reference in the proposed ordinance are:
2022 California Building Code – CCR Title 24 Part 2
2022 California Residential Code – CCR Title 24 Part 2.5 2022 California Electrical Code – CCR Title 24 Part 3 2022 California Mechanical Code – CCR Title 24 Part 4 2022 California Plumbing Code – CCR Title 24 Part 5
2022 California Energy Code – CCR Title 24 Part 6
2022 California Historical Building Code – CCR Title 24 Part 8 2022 California Fire Code – CCR Title 24 Part 9
2022 California Existing Building Code – CCR Title 24 Part 10 2022 California Green Building Standards Code – CCR Title 24 Part 11 2021 International Swimming Pool, Spa and Hot Tub Code 2021 International Property Maintenance Code
432
Council Agenda Report October 4, 2022 Page 2 of 4
The attached proposed ordinance adopting the 2022 CBSC represents a continuation of existing City practice with regard to local modifications. It revalidates and readopts the City’s current local amendments which includes the City of South Lake Tahoe’s minor modifications due to local climatic, geologic and topographic conditions, and minor administrative changes.
It is worth noting that some of these changes to the local ordinance in relation to climatic and topographic conditions have been amended for the safety of the public, fire fighters, and other emergency responders. The most significant local modifications are:
On newly constructed and/or altered buildings where building setbacks exceed one hundred feet (100’) from the street or road fronting the property, additional contrasting six inch (6”) high numbers shall be displayed at the property entrance.
The addresses for new multi-family, new commercial and new industrial buildings shall display address/suite numbers with a minimum of six-inch (6”) high by threequarters (3/4”) stroke numbers and placed on a contrasting background on the front and rear doors of each suite/unit.
New and altered roofs are required to meet standards to ensure they will have lower risk due to accumulated snow sliding off causing damage to property and/or harming people.
1. Roof surfaces and photovoltaic panels that are susceptible to rooftop avalanche risk shall be designed so that snow shed impact areas will not occur in or on entries/exits (required exits for residential units), vehicle parking areas, driveways, LPG storage tanks, gas meters, electrical meters, walkways and public ways.
2. The minimum snow shed impact area shall have a setback of ten feet measured horizontally from a vertical line projecting from the roof eave to the other constructed elements, such as fences, sheds, patio covers, etc.
3. The snow shed impact area may be eliminated provided an engineered snow restraint system, designed in accordance with this code, is incorporated into the roof design and in other than residential units, an approved roof drainage system (e.g., heated gutter and downspout) is installed to prevent ice formation and/or accumulation at the grade or access level.
4. Property owners shall maintain snow shed impact areas to prevent snow from encroaching beyond the impact area boundaries.
5. Existing structures may use engineered snow shed restraint devices without an approved roof drainage system to reduce hazards associated with the existing roof design.
Additional verbiage is inserted to ensure carbon monoxide risks are reduced as effected by snow, by amending California Mechanical Code to read as follows:
“Exhaust terminals and combustion air intakes shall not be located under decks which could be sealed off around the perimeter with snow accumulation.” Additionally, staff has reorganized Chapter 6.15 of the South Lake Tahoe City Code for a clearer and more concise read.
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Council Agenda Report October 4, 2022 Page 3 of 4
Multiple additional modifications and changes have been incorporated within the 2022 California Building Codes some of the most significant occurring within the California Energy Code including the following requirements:
For Single Family Residential projects:
1. In new construction when a gas water heater is installed a space must be designated for a future heat pump water heater along with installation of wiring and dedication of breaker spaces for a future electric powered heat pump water heater.
2. New energy storage system ready requirements.
3. New electric ready requirements for space heating, cooking, and clothes drying when gas equipment is installed which requires installation of wiring and dedication of breaker spaces for future electric powered replacement equipment.
4. Compliance under the prescriptive compliance method will require a heat pump water heater or solar water heating system with electric backup. Not required when utilizing the performance method of compliance.
For Multifamily Residential projects:
1. For new lighting control and mechanical systems, Acceptance Test Technician Certification Providers (ATTCPs) must record related Certificates of Compliance, Installation, and Acceptance Testing in an electronic database.
2. New electric ready requirements for space heating, cooking, and clothes drying when gas equipment is installed which requires installation of wiring and dedication of breaker spaces for future electric powered replacement equipment.
3. New dwelling requirements for a central fan integrated ventilation system requiring a motorized control damper, damper controls, and variable ventilation.
4. Water heaters serving a single dwelling unit within a multifamily building must be Heat Pump Water Heater.
5. New photovoltaic and battery storage requirements added for specific building types, including buildings with over three habitable stories. For Nonresidential projects:
1. For new lighting control and mechanical systems, Acceptance Test Technician Certification Providers (ATTCPs) must record related Certificates of Compliance, Installation, and Acceptance Testing in an electronic database.
2. Most newly constructed commercial buildings utilizing the prescriptive compliance method are required to have a photovoltaic system and battery storage system. Not required when utilizing the performance method of compliance.
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Council Agenda Report October 4, 2022 Page 4 of 4
3. Full or partial-off occupant sensing controls are required for aisle ways and open areas in warehouses, library book stack isles, corridors and stairwells, and offices greater than 250 square feet.
4. Minimum heating, ventilation, and air conditioning efficiency requirements have been updated for various equipment types.
5. Duct testing is now a mandatory requirement for newly installed commercial ducting systems.
The Building Division personnel and the Fire Department jointly reviewed the new state building code standards and the existing City Code. The amendments are being presented to the City Council with the recommendation of the Building Division and the Fire Department.
Financial Implications:
There are no City financial implications from the proposed amendments. Any costs associated with staff time preparing the code amendments are negated by the collection of building permit fees. No additional funding is necessary.
Environmental Considerations:
This project is exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3), Review for Exemption; in that it can be seen with certainty that there is no possibility for these actions to have a significant effect on the environment.
Policy Implications:
State law requires that the local agency adopt findings for any local modifications to the building standards contained in the CBSC. These findings are included in the attached ordinance.
435
Ordinance 2022-XXX November 15, 2022 Page 1 of 2
Ordinance 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
November 15, 2022
An Ordinance amending the South Lake Tahoe City Code, Title 6, Chapter 6.15 Building Regulations, Articles I-IV, by Adopting the 2022 California Building Standards Code (California Code of Regulations Title 24), including Green Building Code, Building Code, Fire Code, and related Construction Codes.
FINDINGS
A. The 2022 California Building Standards Codes (CBSC) becomes effective in California cities on January 1, 2023.
B. California Health and Safety Code Section 17958 requires local agencies to adopt the building standards contained in these uniform statewide codes but allows cities to modify the codes to reflect local conditions.
C. The City of South Lake Tahoe has adopted amendments to the CBSC in the past based on specific findings of local geographic, topographic and climatic conditions.
D. The provisions of this Ordinance establishing certain more restrictive standards than the California Codes will better serve to prevent or minimize structural damage resulting from local conditions.
E. Additional findings with respect to certain amendments to the California Codes are as set forth in specific Code sections.
F. The Council hereby reaffirms such findings and confirms that the facts on which such findings were based continue to exist.
Now, Therefore, the City Council of City of South Lake Tahoe does ordain as follows:
SECTION 1. Enactment. Title 6, Chapter 6.15 Building Regulations, Articles I-IV of the City Code is amended as set forth in Exhibit “A” attached hereto and incorporated herein by reference.
SECTION 2. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that wit would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. Publication. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.
SECTION 4. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.
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Ordinance 2022-XXX November 15, 2022 Page 2 of 2
SECTION 5. Environmental Findings. The City Councils finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of Title 14 of the California Code of Regulations, in that the Council finds there is no possibility that the implementation of this Ordinance may have significant effects on the environment.
Adopted by the City of South Lake Tahoe City Council on November 15, 2022 by the following vote:
Yes:
No:
Abstain:
Absent:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
First Reading: October 4, 2022
Published:
Effective:
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
437
South Lake Tahoe City Code
Division 2. Local Amendments to Adopted Codes
The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.
Chapter 6.15
BUILDING REGULATIONS
Sections:
Article I. In General
6.15.010 Applicability, purpose and authority.
6.15.020 Building, etc., permits generally.
6.15.030 Design review.
6.15.040 Moving of buildings and structures – Relocation permit required.
6.15.050 Moving of buildings and structures – Building permit required.
6.15.060 Drainage requirements for building construction, etc.
6.15.070 Electrical power for construction purposes.
6.15.080 Penalties.
6.15.090 Jobsite sanitary facilities.
6.15.100 Construction site requirements.
6.15.110 Criteria for prevention of flood damage.
6.15.120 Liability of city.
6.15.130 Severability.
Article II. Technical Codes
Division 1. Generally
6.15.140 Where filed – Availability of codes.
6.15.150 Conflicts with state law.
Division 2. Local Amendments to Adopted Codes
6.15.155 Purpose.
6.15.160 Amendments, additions and deletions to the adopted codes.
Article III. Underground Utilities
6.15.170 Definitions.
6.15.180 Service required – New buildings.
6.15.190 Service required – Remodeling or repairs.
6.15.200 Exemptions from article.
Article IV. Numbering of Buildings
6.15.210 Adoption by reference of building number maps.
6.15.220 Designation of numbers by building official.
6.15.230 Numbers to be affixed to buildings – Manner of affixing numbers.
6.15.240 Responsibility for placing of numbers.
6.15.250 Display of number – Prerequisite to issuance of business license.
Article V. Board of Appeals
6.15.580 Established.
Article VI. Underground Storage Tanks
6.15.590 Removal/replacement of underground storage tank. 438
South Lake Tahoe City Code
Division 2. Local Amendments to Adopted Codes
The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.
Article VII. Construction and Demolition Debris Recycling
6.15.600 Title/purpose.
6.15.610 Definitions.
6.15.620 Findings.
6.15.630 Threshold applicability.
6.15.640 Requirements.
6.15.650 Standards, guidelines, and criteria.
6.15.660 Inspections.
6.15.670 Severability.
Article VIII. Single Room Occupancy (SRO) Program
6.15.675 Purpose.
6.15.680 Definitions.
6.15.690 Application.
6.15.700 Transient occupancy tax.
6.15.710 SRO permits.
6.15.720 Fees.
6.15.730 Design and development standards.
6.15.740 Maintenance standards.
6.15.750 Inspections.
6.15.760 Violations.
6.15.770 Tourist accommodation units.
For state law authorizing city to regulate the construction, alteration and repair of buildings and the materials used therefor, see Gov. C. § 38660. As to the authority of city to prescribe restrictions on buildings used for human habitation, equal to or greater than state law, see H. and S.C. § 17951. As to community antenna television systems, see Chapter 3.40 SLTCC. As to fire protection, see Title 5 SLTCC. As to plan line setbacks, see Chapter 6.35 SLTCC. As to signs and advertising structures, see Chapter 6.40 SLTCC. As to subdivision of land, see Chapter 6.45 SLTCC. As to zoning, see Chapter 6.55 SLTCC.
Prior legislation: Ords. 890, 958 and 959 and Code 1997 §§ 8-13, 8-14.1 – 8-24.3, 8-27 – 8-32 and 8-33 – 8-33.2.
Article I. In General
6.15.010 Applicability, purpose and authority.
The purpose of this chapter is to adopt by reference the 2022 Edition of the California Building Standards Code, Title 24 of the California Code of Regulations, subject to the clarifications and amendments set forth in this chapter.
The purpose of this chapter is also to provide minimum requirements and standards for the protection of public safety, health, property and welfare of the City of South Lake Tahoe. The following adopted codes prescribe regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, moving, demolition, occupancy, equipment use, height and area of buildings and structures:
A. Building Code Adopted. The 2022 Edition of the California Building Code, known as the California Code of Regulations, Title 24 Part 2, incorporating the 2021 Edition of the International Building Code, published by the International Code Council, including Appendix C, Group U Agriculture Buildings, Appendix F, Rodent-proofing, Appendix H, Signs, and Appendix I, Patio Covers, is hereby adopted by reference.
B. Residential Code Adopted. The 2022 Edition of the California Residential Code, known as the California Code of Regulations, Title 24 Part 2.5, incorporating the 2018 Edition of the International Residential Code, published by the International Code Council, including Chapter 1, is hereby adopted by reference.
C. Electrical Code Adopted. The 2022 Edition of the California Electrical Code, known as the California Code of Regulations, Title 24 Part 3, incorporating the 2020 Edition of the National Electrical Code, published by the National Fire Protection Association, including Article 89, and Annex H is hereby adopted by reference. 439
South Lake Tahoe City Code
Division 2. Local Amendments to Adopted Codes
The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.
D. Mechanical Code Adopted. The 2022 Edition of the California Mechanical Code, known as the California Code of Regulations, Title 24 Part 4, incorporating the 2021 Edition of the Uniform Mechanical Code, including Chapter 1, CMC Appendices A, B, C and D, is hereby adopted by reference.
E. Plumbing Code Adopted. The 2022 Edition of the California Plumbing Code, known as the California Code of Regulations, Title 24 Part 5, incorporating the 2021 Edition of the Uniform Plumbing Code, including appendices and installation standards, published by the International Association of Plumbing and Mechanical Officials, , is hereby adopted by reference.
F. Energy Code Adopted. The 2022 California Energy Code, known as the California Code of Regulations, Title 24 Part 6, published by the California Energy Commission, is hereby adopted by reference.
G. Historical Building Code Adopted. The 2022 California Historical Building Code, known as the California Code of Regulations, Title 24 Part 8, published by the International Code Council, is hereby adopted by reference.
H. Fire Code Adopted. The 2022 Edition of the California Fire Code, known as the California Code of Regulations, Title 24 Part 9, incorporating the 2021 Edition of the International Fire Code, published by the International Code Council, including Chapter 1, is hereby adopted by reference.
I. Green Building Standards Code Adopted. The 2022 Edition of the California Green Building Standards Code, known as the California Code of Regulations, Title 24 Part 11, published by the International Code Council, is hereby adopted by reference.
J. Swimming Pool, Spa and Hot Tub Code Adopted. The 2021 Edition of the International Swimming Pool, Spa and Hot Tub Code, published by the International Code Council, is hereby adopted by reference.
K. International Property Maintenance Code Adopted. The 2021 Edition of the International Property Maintenance Code, published by the International Code Council, is hereby adopted by reference. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-1)
6.15.020 Building, etc., permits generally.
The building official shall check the application, plans and specifications for any building, electrical, mechanical and plumbing permit and the energy efficiency standards for residential and nonresidential buildings. No permit shall be issued unless the plans and specifications have been reviewed and approved by each of the other departments of the city concerned as being in conformance with pertinent laws and ordinances under their jurisdiction. If the building official is satisfied that the work described in an application for a permit and the plans and specifications filed therewith conform to the requirements of this chapter and other pertinent laws and ordinances and that the fee specified has been paid, such official shall issue a permit therefor to the applicant.
Reversed plans will not be accepted. No final inspection or approvals by the building division, for use or occupancy of any structure permitted by this chapter, shall be granted until final inspections and approvals are obtained from all other city and county departments which have imposed requirements for the project. (Ord. 926; Ord. 1003 § 1 (Exh.
A); Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-2)
6.15.030 Design review.
A. Applicability. In general, the standards and guidelines contained in this title are to be applied to new construction, major remodeling more specifically.
B. All applicable projects are subject to the city’s design review process. Contact the city planning department for specific process requirements. Some projects may also require approval by the Tahoe Regional Planning Agency.
Applicants shall also contact the TRPA for their processing requirements.
1. All newly constructed or exterior remodeled buildings or structures proposed for any use other than singlefamily residential units.
2. Newly constructed or exterior remodeled residential units or structures which are located within 200 feet of the high water line of the lake.
3. All prefabricated or factory built buildings or structures. 440
South Lake Tahoe City Code
Division 2. Local Amendments to Adopted Codes
The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.
4. All existing buildings or structures to be relocated within the city, regardless of proposed use.
5. Any structures proposed or located within a floodplain, as defined within the city code.
6. New or modified parking areas containing four or more parking spaces.
7. Other proposals without buildings or structures which could potentially affect the general appearance of the city, including public projects, such as erosion control projects.
C. No permit shall be issued in any case set forth herein until the plans therefor have been approved through the design review process and all buildings, structures and grounds shall be in accordance with the plans as approved. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-3)
6.15.040 Moving of buildings and structures – Relocation permit required.
No person shall move any buildings or structures from one location within or outside the city to another location within the city without having first obtained a relocation permit therefor from the city building division.
A. Written application for a relocation permit shall be made stating the contemplated uses of the building at the new location. The applicant shall also furnish a map showing the exact route on which the building is to be moved. Such route shall be approved by the public works director, together with the time within which the building is to be moved. A reasonable fee equal to the costs of processing the application shall be paid at the time of making the application, no part of which shall be refunded.
The application shall be accompanied by a photograph of the building or structure in its present location, a plot plan of the site on which the building or structure is to be located, a foundation plan and details, and, if the building or structure is to be altered in any way, architectural drawings showing floor plans and elevations in its new location.
B. In addition to the specified fee, any person who seeks a permit to move a building within the city shall first have executed and delivered to the city a good and sufficient surety bond in the penal sum of $10,000 or a rider of the same amount on the permittee’s insurance policy, in favor of the city as obligee conditioned to guarantee payment to the city for any damage that may result to city streets or other public improvements or trees and overhanging wires caused by the moving of such building.
C. The application, along with comments from the building division and the public works division, shall then be reviewed by the city planning division and processed through the design review process to determine whether the architectural and general appearance of the building or structure, as relocated, will improve the character of the neighborhood and such as not to be detrimental to the orderly and harmonious development of the city nor to impair the desirability of investment or occupation in the neighborhood.
D. The building division shall not issue a relocation permit unless the design review process is complete.
E. Removal and relocation of a building pursuant to a relocation permit must be completed within 60 days from the issuance of the permit.
F. Within 10 days after the completion of the moving of any building within the city, the city shall cause an inspection to be made by the public works director of the route taken in the moving of such building to ascertain the damage, if any, to all streets or other public improvements or trees and overhanging wires and property, of any nature whatsoever within the city, and the building official shall present to the permittee a claim in the amount necessary to repair such damage, if any. Thereupon, the permittee shall cause such claim to be paid or, in the event of a failure or refusal to pay such claim, the bond heretofore filed shall be forfeited in the amount necessary to pay such claim and if any amount of damage insured shall exceed the penal amount of such bond, such deficiency shall be paid by the permittee to the city without further demand therefor. (Ord. 901; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-4)
6.15.050 Moving of buildings and structures – Building permit required.
No person shall move any building from one location in or outside the city to another location within the city unless a building permit has been first obtained to permanently install such building or structure in its new location. Such 441
South Lake Tahoe City Code
Division 2. Local Amendments to Adopted Codes
The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022. building permit shall be required in addition to a relocation permit. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-5)
6.15.060 Drainage requirements for building construction, etc.
A. It is the purpose of this section to safeguard adjoining properties and public streets and ways from damage by unnatural flows of surface waters and to prevent the construction of homes and other buildings in areas likely to become flooded.
B. This section applies to all persons engaged in construction within the city, whether as owner, lessee, contractor, or otherwise.
C. No building permit shall be issued for any new construction or any additions or remodeling resulting in new structures at or below ground level unless this section shall have been complied with.
D. Every building permit application for new construction or any additions or remodeling resulting in new structures at or below ground level other than single-family or duplex structures shall be accompanied by the following information and documents, in addition to those otherwise required by this chapter:
1. A grading plan, showing the present contours of the land, the proposed final grade and location of improvements.
2. Profile sections at the rear, middle and front of the property, showing existing contours, the proposed final grade and the location of improvements.
3. Details of drainage structures, walls, cribbing, surface protection and landscaping.
E. No building permit shall be issued if the drainage information required by this section reveals any of the following facts:
1. Drainage from the property after construction will apparently result in physical damage directly or indirectly to another lot or to any public street or public property.
2. Natural drainage from the property will be changed to the detriment of surrounding property.
3. The first floor level of any improvement will be in danger of flooding from surface runoff. Permits, however, may be issued when foundations are raised above the flooding level as determined by the city.
In those instances where existing structures that are located in floodplains, as defined by the flood insurance rate map (FIRM), are reconstructed or have substantial improvements done to them (over 50 percent of replacement costs prior to damage having occurred), permits may be issued provided the lowest floor elevation is raised one foot above the defined 100-year floodplain per applicable FEMA requirements.
F. A grading plan may be required by the building division for single-family or duplex structures where an on-site inspection indicates that any fact mentioned in subsection (E) of this section may exist.
G. The building official, with the concurrence of the city engineer, may waive any or all of the requirements of subsection (D) of this section whenever an on-site inspection satisfies such officers that the facts described in subsection (E) of this section do not exist or that the requirements in question would not reveal any such facts. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-6)
6.15.070 Electrical power for construction purposes.
Temporary electric power for construction can be provided by a temporary power pole that complies with the requirements of the California Electric Code and Liberty Utilities Company specifications. Or, temporary power can be arranged from the permanent main service panel using the permanent grounding electrode. The main service panel shall be framed into the permanent wall section of the structure. This wall section shall have a shear panel on it and be braced to the satisfaction of the jurisdiction. There can be a maximum of two quadruple ground faulted outlet locations. The wiring to each location shall be in conduit. Any connection of power to the building’s 442
South Lake Tahoe City Code
Division 2. Local Amendments to Adopted Codes
The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022. permanent outlet wiring prior to authorization by the building division will result in a disconnect order to the providing utility.
Prior to any reconnection of electric to the site of a disconnect order, penalty fees in accordance with SLTCC
6.15.080 shall be paid.
Prior to energizing the permanent outlet wiring from the main panel, all nail or screw-applied wall finishes must be completed; all electric work for the permanent circuits to be energized must be completed; and the building must be able to be secured against entry by unauthorized persons. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-7.1)
6.15.080 Penalties.
It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, connect electric power or gas, occupy or maintain any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code.
Any person, firm, or corporation violating any of the provisions of the code shall be deemed guilty of an infraction.
Penalties for a violation of this chapter shall be as outlined in Chapter 2.30 SLTCC for each and every subsequent offense. 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. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. (Ord. 901; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-7.2)
6.15.090 Jobsite sanitary facilities.
Temporary sanitation facilities shall be provided on all construction sites. Failure to maintain such facilities will result in a stop work order until such facilities are provided.
Exception: Remodels which contain an operable on-site toilet facility. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh.
A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-7.3)
6.15.100 Construction site requirements.
A. All trash, temporary BMP elements related to construction, site security elements, and construction debris shall be disposed of in an approved manner on a regular basis. Prior to any final inspection, all construction trash and debris shall be removed from the site. No debris or construction materials may be stored in the public right-of-way.
B. Building permit must be posted in public view and visible from street or closest possible to passersby.
C. Construction site must have address posted at all times.
D. Approved construction documents must be on site at all times.
E. Access to areas must be provided to inspector at his or her request.
F. All construction activities that include impact equipment and activities such as pile driving, soil compaction, or vibratory hammers could potentially affect nearby structures. Where these activities occur within 200 feet of existing structures, an analysis shall be conducted of potential vibration levels based on the criteria contained in Table 436-12 of the City General Plan Update EIR (September 2010). Construction operations shall be designed to avoid or mitigate for vibrations above 0.02 inches/second (0.5 mm/second).
G. All required exits, existing structural elements, fire protection devices and sanitary safeguards shall be maintained at all times during alterations, repairs, or additions to any building or structure.
H. Fire safety during construction shall comply with the applicable requirements of this code and the applicable provisions of the California Building Code and Chapter 33 of the California Fire Code. 443
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.
I. All construction activities shall be performed in a manner that prevents injury or damage to persons, adjoining properties and public rights-of-way. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-7.4)
6.15.110 Criteria for prevention of flood damage.
Prior to the issuance of any building permit for new construction or substantial improvements, the building official, after such consultation as the building official deems necessary with the city engineer, shall:
A. Review the application to determine whether the proposed building site will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, the proposed new construction or substantial improvement, including prefabricated and mobile homes, shall:
1. Be designed or modified and anchored to prevent flotation, collapse or lateral movement of the structure.
2. Be constructed of materials and utility equipment that are resistant to flood damage.
3. Be the result of construction methods and practices that will minimize flood damage.
4. Comply with all FEMA requirements for buildings constructed within a designated floodplain.
B. Require new or replacement water supply systems or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-8)
6.15.120 Liability of city.
The building official or any employee, within the course and scope of his or her employment, charged with the enforcement of this code, acting in good faith on behalf of the city, and without malice, shall not thereby be rendered liable personally and such person is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of such person’s duties. Any suit brought against the building official or employee, because of such act or omission performed by such person in the enforcement of any provisions of the codes adopted in Articles I and II of this chapter, shall be defended by the city until final termination of the proceedings. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-9)
6.15.130 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A).
Code 1997 § 8-10)
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Article II. Technical Codes
Division 1. Generally
6.15.140 Where filed – Availability of codes.
One copy of each of the codes adopted by reference in Article I of this chapter is on file in the office of the building official for use and examination by the public. Ordering information for obtaining copies of such codes may be obtained at the city services center public counter. (Ord. 926; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1107 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-11)
6.15.150 Conflicts with state law.
Wherever the provisions of the state housing law (Division 13, Part 1.5, beginning with Section 17910 of the Health and Safety Code of the state) shall impose requirements more stringent than those established by this article, the provisions of the state housing law shall be applied by the building division. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1107 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-12) Division 2. Local Amendments to Adopted Codes
6.15.155Purpose.
The purpose of this division is to identify local amendments to the adopted codes, consistent with Health and Safety Code Section 17958 based on express findings relative to local climatic, topographical or geological conditions. (Ord. 1134 § 1 (Exh. A))
6.15.160 Amendments, additions and deletions to the adopted codes.
A. California Building Code Section 105.5.1, California Residential Code Section R105.5.1, California Plumbing Code Section 104.4.3.1, California Mechanical Code Section 104.4.3.1 and California Electrical Code Article 89, 108.4.1 are hereby amended to read as follows:
Every permit issued by the building official under the provision of this code shall become invalid and expired unless the work authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. 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.. In order to renew action on an invalid permit after expiration, the permittee shall pay a new full permit fee and be accompanied with updated construction documents to reflect compliance with the most recent applicable codes based on the new submittal date.
B. Any permittee holding an unexpired permit for a new structure or addition may apply for an extension of the time for which work may be completed under that permit when the permittee is unable to complete work within the time required by this section for good and satisfactory reasons. The building official may extend a permit for a period not exceeding 180 days on written request by the permittee. The written request shall be submitted to the building official prior to the expiration date of the original permit. The request for an extension of an existing permit shall show that circumstances beyond the control of the permittee have prevented completion of the work authorized by the permit. No permit may be extended more than three years cumulatively.
C. California Building Code Section 109.2, California Fire Code Section 106.2, California Residential Code Section R108.2., California Plumbing Code Section 104.5, California Mechanical Code Section 104.5 and California Electrical Code Article 80.19(H)(4) are hereby amended to read as follows:
The fee for each permit shall be as set forth in this section and by city council resolution. The determination of value or valuation under any of the provisions of this code shall be made by 445
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022. the building official/fire code official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, and any other permanent equipment. Fees shall be determined by the valuation as shown for good construction on the valuation table as published annually in the November/December issue of Building Standards magazine. Values shall be 100 percent of the valuation given in the basic valuation table. Fees shall be adjusted on the first day of January each year. The fee shall be as specified through adoption of resolution by the city council.
EXCEPTION: Major projects for which the city contracts for inspection and/or plan review services shall be charged permit fees in accordance with the above section. Costs of additional plan review and/or overtime inspections required for project fast-tracking, or contractor scheduling, or due to changes in plans, shall be paid by the owner on a monthly basis. The fees shall be equal to the cost of service plus a 25 percent administrative fee.
The owner shall provide on-site office space for the resident inspector. Such office space shall be private and under the exclusive control of the resident inspector. Electric power, heat and phone service shall be provided to the office. Such office shall be maintained on-site until the final certificate of occupancy is issued.
For work requiring a permit not described on the valuation table, the valuation shall be determined by contract price for the work, subject to review by the building official.
The minimum permit fee under this section shall be as specified through adoption of resolution by the city council. Additional plan review as a result of incomplete submittals or changes to plans after approval of such plans will be charged a plan review fee.
A reinspection fee shall be charged for scheduled inspections when the work, for which an inspection was requested, is not ready for inspection. A reinspection fee shall also apply to additional inspections after the initial inspection for verifying correction of items noted in a correction notice.
Special inspection fees shall be charged with a one-hour minimum charge. Any inspections requested outside of regular work hours will be charged a three-hour minimum charge.
D. California Building Code Section 115.4, California Fire Code Section 107.4, California Residential Code Section R114.4are hereby amended to read as follows:
When a stop work order is issued an investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The permit fee for work without a permit shall be twice the normal permit fee. 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.
E. International Property Maintenance Code (IPMC) Section 107, Notices and Orders. Add the following text at the end of subsection 107.2, Item 4:
The maximum time limit shall be determined by the city building official based upon the condition of the structure and the potential hazard involved. Once such determination has been made, the building official shall serve a copy of a notice and order which specifies the dangerous condition to be remedied, together with the timeline for correction, as determined by the building official. Prior to the expiration date specified in the notice and order, the property owner shall perform either the rehabilitation, renovation or removal, as set forth in the notice and order.
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Abatement of abandoned or substantially damaged non dwelling unit structures shall be subject to the provisions contained in Chapter 4.60 SLTCC.
F. Authority to Utilize Alternate Method of Recovery of Cost of Demolition. In any case where the city has found it necessary to undertake an abatement process to demolish a structure which has been found by the building official to be unsafe, as defined within Section 108 of the International Property Maintenance Code, the city may elect, at its discretion, to recover costs of such abatement using the methods prescribed in subsection (G) of this section as an alternative to the procedure outlined in Sections 110.3 and 109.4 et seq. of the aforementioned code.
G. Alternate Method of Recovery of Cost of Demolition.
1. Prior to commencement of any demolition activity undertaken as part of the abatement of an unsafe structure, the city shall take all necessary steps to ensure that all development rights which may be present on the parcel are appropriately banked with the Tahoe Regional Planning Agency and the South Tahoe Public Utility District. All such rights, which may include, but not be limited to, development rights, allocations, commercial square footage, hard and soft coverage rights, and sewer units, shall be banked to remain on the parcel upon which the demolition activity will be completed.
2. Upon completion of all demolition activities, an accounting of expenses shall be completed by the administrative services director and a public hearing to consider confirmation of the costs of the abatement shall be scheduled, noticed and conducted in accordance with Section 107 et seq. of the International Property Maintenance Code.
The notice mailed to the owner of record for the property which is the subject of the abatement process shall contain a statement which substantively reads as follows:
IMPORTANT NOTICE TO THE PROPERTY OWNER
Development rights attributable to your property and recognized by the Tahoe Regional Planning Agency have been banked with that agency. These rights have considerable value. In order to retain ownership of these development rights, you must pay any and all costs of the abatement process which may be confirmed by the City Council at the scheduled hearing no later than sixty-five (65) days following the date of said hearing.
Your failure to pay the confirmed costs of said abatement within sixty-five (65) days of the date of the hearing will result in FORFEITURE OF THE DEVELOPMENT RIGHTS ASSOCIATED WITH YOUR PROPERTY.
SUCH FORFEITURE MAY ULTIMATELY PROHIBIT YOU OR ANYONE IN THE FUTURE FROM REDEVELOPING YOUR PROPERTY.
3. Upon completion of the hearing process to confirm the costs of the abatement process, the owner of the property subject to the abatement shall have 65 days from the date of the hearing to pay all costs of the abatement which have been confirmed by the city council. In the event all costs are not paid within the specified time period, the city shall notify the Tahoe Regional Planning Agency of the city council’s confirmation of costs of the abatement process and the failure of the property owner to pay said costs, and shall request that the Tahoe regional planning agency approve forfeiture of all development rights banked to be vested with the city of South Lake Tahoe. Such forfeiture and vesting shall become effective 21 days after such approval is granted.
H. Expedited Permit Process for Photovoltaic and Electric Vehicles. To California Building Code Section 107.3 the following subsection shall be added:
Expedited Permit Process for Small Residential Rooftop Systems Solar Systems and Electric Vehicle Charging Stations
Definitions. As used in this section:
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022. “Electronic submittal” means the utilization of electronic e-mail or submittal of an application via the internet.
“Reasonable restrictions” on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance” means:
1. For water heater systems or solar swimming pool heating systems: an amount exceeding ten (10) percent of the cost of the system, but in no case more than one thousand dollars ($1,000.00) or decreasing the efficiency of the solar energy system by an amount exceeding ten (10) percent, as originally specified and proposed.
2. For photovoltaic systems: an amount not to exceed one thousand dollars ($1,000.00) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten (10) percent as originally specified and proposed. “Small residential rooftop solar energy system” means all of the following:
1. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.
2. A solar energy system that conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the county and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or designated from time to time.
3. A solar energy system that is installed on a single- or duplex-family dwelling.
4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
“Solar energy system” has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or designated from time to time.
“Specific adverse impact” means a significant, quantifiable, direct, unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. a. All solar energy systems and electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the City of South Lake Tahoe. b. All solar energy systems and electric vehicle charging stations shall be certified by an accredited listing agency.
c. All energy systems for producing and or supplying electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
d. Proof of approval by the Tahoe Regional Planning Agency must be presented with application.
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022. e. Proof of approval by local utility must be presented with application.
I. Fire Watch. California Fire Code Section 403.11.1, Fire Watch Personnel, is hereby amended to read as follows:
When, in the opinion of the fire code official, it is essential for public safety in a place of assembly or any other occupancy, because of the number of persons, or the nature of the noncompliance with the California Fire Code and/or the nature of the performance, exhibition, display, contest or activity, the fire code official may require the owner, agent or lessee, to provide one or more fire watch personnel to perform fire watch duties during the times such places are open to the public, or when such activity requiring a fire watch is being conducted.
J. Building Address. Section 502.1 of the California Building Code, California Fire Code Section 505.1 and Section R319.1 of the California Residential Code are hereby amended to read as follows:
Approved numbers or addresses shall be provided for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Address numbers and internal illumination shall be maintained. The addresses for new dwellings shall be posted with a minimum of four inch (4") high numbers with proportionate width that are plainly visible from the street. During hours of darkness, the numbers shall be internally illuminated. Posted numbers shall be placed on a contrasting background. Where building setbacks exceed one hundred feet (100') from the street or road fronting the property, additional contrasting six inch (6") high numbers shall be displayed at the property entrance.
The addresses for new multi-family, new commercial and new industrial buildings shall be posted with a minimum of six-inch (6") high by three-quarters inch (3/4") stroke numbers.
During the hours of darkness, the numbers shall be electrically illuminated. New multi-family, new commercial and new industrial buildings shall display address/suite numbers or letters six-inch (6") high by three-quarters inch (3/4") stroke placed on a contrasting background on the front and rear doors of each suite/unit.
K. Fire Access Grade. California Fire Code Section 503.2.7 is hereby amended to read as follows:
503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department’s apparatus. Where driveways serving one- and two- family dwelling units have a driveway gradient exceeding eight percent (8%), a separate emergency egress path of travel from the primary entrance of each dwelling unit to the public way shall be provided. All components of the separate emergency egress path of travel shall comply with all applicable provisions of the California Building Code.
L. Wildland-Urban Interface (WUI). California Building Code Chapter 7A, California Fire Code Chapter 49 and California Residential Code Section R337 are adopted in their entirety with the amendments to read as follows:
CITY OF SOUTH LAKE TAHOE IS DESIGNATED AS VERY-HIGH FIRE HAZARD SEVERITY ZONE. For purposes of clarification and enforcement of the following shall be added to each chapter preface: The City of South Lake Tahoe has adopted Ordinance 2019- 1131 which designates all areas within the City of South Lake Tahoe a Very High Fire Severity Zone.
M. Freeze Protection. California Building Code and California Fire Code Section 903 are hereby added to the California Building Code and the California Fire Code to read as follows:
All sprinkler systems shall be suitably freeze-protected for climatic conditions as prescribed by the fire code official.
N. Roof Fire Rating. California Building Code Section 1505.1.1 and California Residential Code Section R902.1.1 are written here for emphasis and clarity:
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.
The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.
O. Snowshed Impact Areas. Add to California Building Code Section 1608.1 and to California Residential Code Section R301.2.3:
Snow shed Impact Areas Protection of Required Entries/Exits, Parking, and Driveways.
1. Roof surfaces and photovoltaic panels that are susceptible to rooftop avalanche risk shall be designed so that snow shed impact areas will not occur in or on entries/exits (required exits only for R-3 occupancies), vehicle parking areas, driveways, LPG storage tanks, gas meters, electrical meters, walkways, and public ways.
2. The minimum snow shed impact area shall have a setback of ten feet measured horizontally from a vertical line projecting from the roof eave to the other constructed elements such as fences, sheds, and patio covers.
3. The snow shed impact area may be eliminated provided an engineered snow restraint system, designed in accordance with this code, is incorporated into the roof design and, in other than R-3 occupancies, an approved roof drainage system (e.g., heated gutter and downspout) is installed to prevent ice formation/accumulation at the grade or access level.
4. Property owners shall maintain snow shed impact areas to prevent snow from encroaching beyond the impact area boundaries.
5. Existing structures may use engineered snow slide restraint devices without an approved roof drainage system to reduce hazards associated with the existing roof design.
P. Ice Dam Membrane. Add Section 1507.1.2 to the California Building Code and Section R9045.1.2 to the California Residential Code as follows:
Title 15-10: An “Ice Guard” is required on roofs of heated areas of buildings. Roofs, regardless of covering, with a pitch of less than 8 in 12 shall be protected against leakage (caused by ice and snow) using an approved manufactured membrane installed per the manufacturer’s specifications and as approved by the building official. This application shall extend from the eave edge of the roof up the roof slope measured 5 feet beyond the wall line separating the conditioned and unconditioned space, and up 30 inches along each side of a valley. This “Ice Guard” shall be in addition to any other required underlayment.
Q. Local Design Criteria. Amend California Building Code Section 1603 and California Residential Code Table R301.2, Climatic and Geographic Design Criteria, by adding the following design criteria values as listed below in items 1 through 8 to read as follows:
1. Ground Snow Load: 150 PSF
2. Wind Design Speed: (Based on the ASCE 7-10 code cycle) Risk Category 1: 110 mph
Risk Category 2: 120 mph
Risk Category 3: 130 mph
Risk Category 4: 130 mph
3. Seismic Design Category: D
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4. Subject to Weathering from Weathering: Negligible
5. Frost Line Depth: 18 inches
6. Termites: Yes
7. Climate Zone: 16
8. Ice Barrier Underlayment Required: Yes
R. Snow Loads. Add Section 1608.4 to the California Building Code and Section R301.2.3.1 to the California Residential Code as follows:
All of the City of South Lake Tahoe shall be declared a snow area with a Ground Snow Load of 150 Pounds Per Square Foot. This pertains to all structures, modular buildings, and factorybuilt houses. The building official may permit deviations from the snow loading standard, provided the snow load and conditions in each individual case are derived and certified by a registered civil or structural engineer with demonstrated experience in snow load evaluation.
S. Protection of Piping from Freezing. Add Section 312.13 to the California Plumbing Code as follows:
a. All water supply piping shall be protected from freezing by a minimum of 42 inches of earth covering.
b. All water piping shall be installed in such a manner to allow for the system to be drained. c. Water piping shall not be installed or concealed in unheated walls, ceilings and attics.
T. Exhaust Vent Protection. Add Section 802.3.3.5 to the California Mechanical Code as follows:
a. Exhaust terminals and combustion air intakes shall not be located in areas in which could be sealed off around the perimeter with snow accumulation.
U. Electrical Installations. Add Article 80.13(a) and (b) to the California Electric Code as follows:
a. All electrical systems that are over 400 amps shall be designed by a California-licensed electrical engineer.
b. When changing out or adding a new electrical main panel, the subpanel, if so equipped, shall also be changed out to a breaker subpanel. No residential fuse panels will be allowed. (Ord. 891 § 1; Ord. 901; Ord. 926; Ord. 983 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1107 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-14. Formerly 6.15.170) Article III. Underground Utilities
6.15.170 Definitions.
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Communication service” means the transmission of intelligence by electrical means, including, but not limited to, telephone, telegraph, messenger call, clock, police, fire alarm and traffic control circuits and circuits for the transmission of standard television or radio signals.
“Electrical service” means the distribution of electricity for heat, light or power. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-34. Formerly 6.15.490) 451
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.
6.15.180 Service required – New buildings.
It shall be a condition of permits issued for the construction of new homes and other buildings which will require electrical or communications services provided by cables and wires that facilities necessary to receive utility cables and wires be installed underground by the permittee from the building to the service point to be determined by the utility company.
If the serving utility pole is located on the same side of the street as, and between, the extended side lot lines of the property involved, the utility service shall thereafter be connected underground.
If the serving utility pole is located elsewhere, underground connection of the utility service shall be made at the time the aerial lead of the serving utility is removed and replaced by an underground lead. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-35. Formerly 6.15.500)
6.15.190 Service required – Remodeling or repairs.
It shall be a condition of any permit for the repair or remodeling of a building or sign requiring communication service or electric service, which repair or remodeling shall be in an amount exceeding 50 percent of the market value of the property, as determined by applying the last available assessment ratio to the last available assessment by the county assessor, that facilities necessary to receive such services be placed underground from the building to the serving point designated by the utility company.
If the serving utility pole is located on the same side of the street as and between the extended side lot lines of the property involved, the utility service shall be connected underground upon the completion of the work authorized by the building permit.
If the serving utility pole is located elsewhere, the utility service shall be connected underground at the time the serving utility aerial lead is removed and replaced with an underground lead. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-36. Formerly 6.15.510)
6.15.200 Exemptions from article.
The provisions of SLTCC 6.15.180 and 6.15.190 shall not apply to the following types of facilities and situations:
A. Poles without overhead lines used exclusively for fire or police alarm boxes, lighting purposes or traffic control.
B. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building.
C. Radio antennas, their associated equipment and supporting structures, used by a utility or person for furnishing communication services.
D. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts. Such facilities shall be so located as to harmonize with the area or screened and landscaped. The city council may, after hearing with the utility companies and affected property owners, by resolution, require that all or part of the transformers and service terminals be flush with or below the surface of the ground at the point of installation.
E. Where the city engineer expressly finds that topographical or soil conditions make such application unreasonable or impractical.
F. Where the city engineer, upon application of the applicant for a building permit, expressly finds that application of such sections cannot be accomplished feasibly and practically within pertinent safety regulations and other laws applying to the installation and that such application will cause unnecessary or unusual hardship. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-37. Formerly 6.15.520) Article IV. Numbering of Buildings
6.15.210 Adoption by reference of building number maps.
There is hereby adopted a building number index map and sectional building number district maps which are on file with the building division of the city and are made part of this article by reference. Maps showing the streets 452
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6.15.220 Designation of numbers by building official.
It shall be the duty of the building official to designate and assign the respective numbers for buildings fronting on streets as set forth upon the building number map or as determined by the building official. (Ord. 983 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-39. Formerly 6.15.540)
6.15.230 Numbers to be affixed to buildings – Manner of affixing numbers.
It shall be the responsibility of the owners or occupants to affix the property numbers to their respective buildings in any style or device; provided, that each figure of a number shall be plainly visible and legible from the public way.
The main entrance to commercial buildings shall be numbered such that the numbers are plainly visible from the street fronting the property. All entrances to residential buildings from the public streets of the city shall be numbered, either on the street fronting the property, or as designated by the building official. The number of every entrance shall be placed upon, immediately above, or immediately adjacent to the door or gate closing of such entrance. Multi-unit buildings shall also have each unit numbered with an individual unit number placed upon, immediately above, or immediately adjacent to the door of each unit. Building numbers shall be a minimum of four inches in height, and of a contrasting color to that of the background on which they are placed. On newly constructed and/or altered buildings where building setbacks exceed 100 feet from the street or road fronting the property, additional contrasting six-inch-high numbers shall be displayed at the property entrance. The addresses for new multifamily, new commercial and new industrial buildings shall be display address/suite numbers with a minimum of six-inch-high by three-quarters-inch stroke numbers and placed on a contrasting background on the front and rear doors of each suite/unit. (Ord. 946 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-40. Formerly 6.15.550)
6.15.240 Responsibility for placing of numbers.
The appropriate number of any entrance to any building shall be placed thereon within five days after the receipt by the owner, occupant, lessee, tenant or subtenant of the building of a notice from the building official of the number designated for such building; and all numbers other than the numbers provided for in this chapter for the respective entrances shall be removed from every building by the owners, occupants, lessees, tenants or subtenants thereof, within five days from the service of the notice, designating the appropriate numbers to be placed thereon. It shall be the duty of the building official upon request from any owner, occupant, lessee, tenant or subtenant of the building to provide such owner, occupant, lessee, tenant or subtenant the proper building number of the building occupied by such person. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-41. Formerly
6.15.560)
6.15.250 Display of number – Prerequisite to issuance of business license.
No business license shall be issued to any person unless such person shall certify that the premises upon which such business is conducted are numbered in the manner required by this article and that the building numbers are displayed in the manner provided in this article. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-42. Formerly 6.15.570)
Article V. Board of Appeals
6.15.580 Established.
This section establishes the building board of appeals. The functions of the building board of appeals shall be set forth by resolution of the city council. (Ord. 884 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-43)
Article VI. Underground Storage Tanks
6.15.590 Removal/replacement of underground storage tank.
Any removal or replacement of an underground storage tank on property visible from Highways 50 or 89, or both, is required to obtain a demolition permit from the city prior to such removal or replacement. The demolition permit and inspections are proposed to impose a minimum of the following:
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A. If the area is to be fenced:
1. Fence will only encompass excavation area;
2. Fence shall conform with existing city fence ordinance, except:
a. Fence will be constructed only of wood unless finding can be made by staff that chain link fencing is necessary for security purposes,
b. Staff may allow encroachment into required street/side yard setbacks if determined necessary.
B. In addition to all of the above, the following standards will also be imposed:
1. Building will be secured (windows, doors and other openings) through the use of plywood or other material to match exterior. The plywood will be painted to match the building exterior;
2. If tank is being removed and not replaced, island overhang will be removed prior to, or simultaneously with, tank removal (see SLTCC 6.10.460, Service station change of use – Conditions).
C. If on-site or in-place aeration is proposed to treat contaminated soil, aeration plan is subject to city staff review as part of the demolition permit to ensure appropriate screening of equipment, machinery and aeration pile.
D. All other usual and customary requirements of a demolition permit will also be imposed.
E. Stations which remain fenced or secured and inoperative and/or in a dilapidated or unsightly condition in excess of 180 days will be declared by staff as abandoned and/or a nuisance affecting the visual and aesthetic health and welfare, and as such, subject to nuisance abatement proceedings contained in Chapter 4.40 SLTCC, Article II. If due diligence can be documented, an extension not to exceed an additional 180 days may be granted. (Ord. 901; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-49) Article VII. Construction and Demolition Debris Recycling
6.15.600 Title/purpose.
This article shall be known as the “construction and demolition debris recycling ordinance.” The purpose of this article is to achieve reduction and/or recycling of debris generated by projects, thereby diverting the debris from disposal facilities, saving landfill space, and conserving natural resources consistent with the goals of Section 40000 et seq. of the Public Resources Code. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-50.1)
6.15.610 Definitions.
Except where the context or particular provisions require otherwise, the following definitions shall govern the construction of this article:
A. “Building official” means the building official of the building department or his/her authorized representative.
B. “Construction and demolition debris” means solid waste generated by or resulting from construction or demolition-related activities including, but not limited to, building, construction, deconstruction, demolition, excavation, grading, improvement, land clearing, reconstruction, remodeling, and renovation.
C. “Debris recycling acknowledgment” means a written statement signed by the permittee, in the form prescribed by the building official, to acknowledge the actions planned to be taken or administered by or on behalf of the permittee to achieve reduction or recycling of, at minimum, 50 percent by weight of debris resulting from a project. This minimum 50 percent reduction or recycling may be increased by the building official to reflect any such higher percentage that may hereafter be mandated by state law.
D. “Debris recycling report” means a written summary signed by the permittee, in the form prescribed by the building official, for reporting the amount of debris reduced and/or recycled for a project and the amount of debris from that project disposed of at a disposal facility.
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E. “Performance security” means any performance bond, surety bond, letter of credit, or certificate of deposit submitted to the city pursuant to SLTCC 6.15.650.
F. “Permit” means a permit other than a grading permit issued by the building department for construction or demolition-related activities including, but not limited to, building, construction, deconstruction, demolition, excavation, grading, improvement, land clearing, reconstruction, remodeling and renovation.
G. “Permittee” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any entity or person whatsoever that applies for a permit.
H. “Project” means any activity which occurs within the incorporated areas of the city that either (1) requires a permit that specifies any demolition work or activity that exceeds 5,000 square feet in area, or (2) requires a permit that authorizes construction-related activities including, but not limited to, building, construction, excavation, grading, improvement, land clearing, reconstruction, remodeling, and renovation for improvements that exceed 5,000 square feet in area. One single development of multiple residential units, multiple commercial units, or multiple industrial units within any subdivided parcel will be considered as a single project regardless of the number of permits required for the development. The provisions of this article shall not apply to single-family and/or twofamily residential units and associated accessory structures that are not part of a multiple-unit subdivision or development. Projects that directly result from emergency demolitions to protect public health or safety are excluded from the definition of “project.”
I. “Recycle” or “recycling” means the process of collecting, sorting, cleaning, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream, as defined in Section 40180 of the Public Resources Code.
J. “Recycling facility” means a facility that collects specific types of construction and demolition debris for reuse or recycling. Recycling facilities are identified in the California Integrated Waste Management Board’s C&D Recyclers Database (available on the worldwide web at http://www.ciwmb.ca.gov/ConDemo/Recyclers/).
K. “Reduce” or “reduction” means any action that causes a net reduction in the generation of solid waste, as further defined by Section 40196 of the Public Resources Code.
L. “Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, as further defined in Section 40191 of the Public Resources Code.
M. “Solid waste landfill” means a disposal facility that accepts solid waste for land disposal, as further defined by Section 40195.1 of the Public Resources Code. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-50.2)
6.15.620 Findings.
A. The city finds that the state of California, through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local jurisdiction in the state divert 50 percent of discarded materials from the landfill by December 31, 2000.
B. The city finds that every city and county in California, including the city of South Lake Tahoe, could face fines up to $10,000 a day for not meeting the above mandated goal.
C. The city finds that reusing and recycling construction and demolition debris is essential to further the city’s efforts to reduce waste and comply with AB 939.
D. The city finds that construction and demolition debris waste reduction and recycling have been proven to reduce the amount of such material that is landfilled.
E. The city finds that, except in unusual circumstances, it is feasible to divert an average of at least 50 percent of all construction and demolition debris from construction, demolition, and renovation projects. 455
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F. The city finds that, to ensure compliance with this article without creating a competitive disadvantage, it is necessary to impose a performance security requirement. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh.
A). Code 1997 § 8-50.3)
6.15.630 Threshold applicability.
As further defined in SLTCC 6.15.610(H), this article applies to demolition and construction projects within the city of South Lake Tahoe in which the footprint of the structure exceeds 5,000 square feet in area. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-50.4)
6.15.640 Requirements.
A. All permittees for projects as defined by this article and within the incorporated areas of the city shall submit a debris recycling acknowledgment to the building official for review and approval at the time of submitting an application for a permit.
B. If set forth by resolution of the city council, the permittee shall pay a nonrefundable administrative fee sufficient to compensate the city for all expenses incurred in administering this article.
C. No permit will be issued by the building official for a project unless and until the building official has approved the debris recycling acknowledgment and, if applicable, the performance security and administrative fee have been submitted.
D. Within 60 days after the final and/or occupancy approval of the project by the building official, the permittee shall submit a debris recycling report to the building official for the building official’s approval.
E. The building official shall approve the debris recycling report only if the report validates that the permittee either reduced or recycled at minimum 50 percent by weight of the total debris generated by the project. Upon approval of the debris recycling report, the full performance security, if applicable, shall be released to the permittee within 10 business days.
F. In the event that a permittee fails to submit an approved debris recycling report within two years of the date of the current debris recycling acknowledgment, the permittee shall thereafter be required to submit with the debris recycling acknowledgment a performance security. The amount of the performance security shall be calculated as the lesser of three percent of the total project cost calculated by the building official or $10,000. Acceptable forms of performance security include the following: performance bonds, surety bonds, letters of credit, and certificates of deposit.
G. Noncompliance shall be defined as failure to meet the requirements of this article. Specifically, noncompliance means (1) failure to submit a debris recycling acknowledgment pursuant to this article, (2) failure by the permittee to achieve reduction or recycling of a minimum of 50 percent by weight of debris resulting from the project, except as provided in subsection (H) of this section, and/or (3) failure by a permittee to submit a debris recycling report within 60 days of final and/or occupancy approval of the project by the building official. Permittees determined by the building official to be noncompliant will be subject to forfeiture of the performance security, if applicable, in its entirety. Performance security deposits forfeited to the city shall be used only for the cost of programs whose purpose is to divert the city’s solid waste from landfill disposal. Any person violating any provision of this article is guilty of an infraction and upon conviction shall be punished by a fine not to exceed the value of twice the performance security for a project.
H. If the building official determines upon review of the debris recycling report that the permittee has not achieved reduction or recycling of a minimum of 50 percent by weight of debris resulting from the project, then the building official shall determine if the permittee has made a good faith effort to comply with this article. In making this determination, the building official shall consider the documented efforts of the permittee to reduce and/or recycle debris, the availability of markets for the debris disposed, the size of the project, and any circumstance beyond the control of the permittee. If the building official determines that the permittee has made a good faith effort to comply with this article, then the full performance security, if applicable, shall be released to the permittee. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-50.5) 456
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Division 2. Local Amendments to Adopted Codes
The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.
6.15.650 Standards, guidelines, and criteria.
The building official may establish and/or adopt standards, guidelines, and criteria consistent with this article and reasonably necessary to achieve the objectives of this article. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-50.6)
6.15.660 Inspections.
The building official may make such inspections as he/she may deem necessary to determine permittee’s compliance with this article. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-50.7)
6.15.670 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this article irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional or invalid or ineffective. To this end the provisions of this article are declared to be severable. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-
50.8)
Article VIII. Single Room Occupancy (SRO) Program
6.15.675 Purpose.*
The purpose of this article is to address the shortage of decent, safe, sanitary and affordable rental housing options for low-income persons in the city. Hotels have historically provided affordable rental options of last resort for lowincome persons. This article enables hotels to rehabilitate units that do not meet minimum building, housing and property maintenance code standards so as to provide safe, habitable rental units for low-income persons. This article establishes development, design and maintenance standards so as to preserve and enhance the quality of life for residents of the city living within such units. (Ord. 1088 § 1 (Exh. B)) *Code reviser’s note: Ordinance 1088 adds the provisions of this section as Section 6.15.670. The section has been editorially renumbered to prevent duplication of numbering.
6.15.680 Definitions.
“Habitable floor area” includes living rooms, bedrooms, entryways and other common areas, but does not include bathrooms, kitchens, storage spaces or mechanical/electrical areas. “Lodging property” includes hotels, motels, bed and breakfasts, lodging houses, lodging facilities, or similar properties.
“Single room occupancy property” or “SRO property” means any building with one or more rooms which are (1) intended or designed to be used, or which are used, rented, or hired out, to be occupied, or which are occupied, for sleeping purposes by tenants, which is or may be the primary residence of such tenants, or (2) intended or designed to be used, or which are used, rented, or hired out, to be occupied, or which are occupied, for periods greater than 29 days.
“SRO unit” means any room, rooms, or units of a lodging property used for SRO property purposes. “Transient lodging” is the use of a lodging property by guests of such lodging property who stay, sleep and/or occupy any rooms within said lodging property for 29 days or less. (Ord. 1088 § 1 (Exh. B))
6.15.690 Application.
This article applies to lodging properties with at least one SRO unit and does not apply to lodging properties used entirely for transient lodging purposes. Pursuant to this article, all lodging properties are either required to obtain a South Lake Tahoe SRO permit or pay the South Lake Tahoe transient occupancy tax (“TOT”) based upon all gross receipts and monies collected for the letting of rooms within said lodging property. (Ord. 1088 § 1 (Exh. B)) 457
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Division 2. Local Amendments to Adopted Codes
The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.
6.15.700 Transient occupancy tax.
SRO units shall be exempt from TOT except that SRO units subject to this article but in use as transient lodging are subject to South Lake Tahoe TOT and shall comply with all TOT reporting requirements as set forth in the South Lake Tahoe City Code. (Ord. 1088 § 1 (Exh. B))
6.15.710 SRO permits.
A. All lodging properties with SRO units shall obtain from the city of South Lake Tahoe development services department a South Lake Tahoe SRO permit (SRO permit).
B. SRO permits shall be obtained prior to use of any room, rooms or units of lodging properties for SRO purposes.
C. Lodging properties with SRO units existing upon the effective date of the ordinance codified in this article shall have until 30 days after the effective date of the ordinance codified in this article to submit a completed SRO permit application. Lodging properties without existing SRO units upon the effective date of the ordinance codified in this article may apply for an SRO permit at any time, but no less than 30 days prior to letting SRO units.
D. Permit applications shall include the following properly completed forms and materials:
1. South Lake Tahoe SRO permit application which shall include a development design and maintenance plan.
2. Proof that lodging property is in compliance with its business and professions tax and TOT obligations.
E. SRO permits shall provide a 12-month period within which permittees may complete all development, design and maintenance standards required by this article. The building official or his or her designee (referred to herein as the building official) may grant extensions to this 12-month period where he/she deems such extensions appropriate. (Ord. 1088 § 1 (Exh. B))
6.15.720 Fees.
A. SRO Permit Fee. A one-time fee in an amount set forth by separate resolution of the city council shall be required for the submission of all SRO permit applications.
B. SRO Annual Service Fee. An annual fee in an amount set forth by separate resolution of the city council shall be assessed for all SRO rooms. This annual service fee shall cover the operational costs of the periodic SRO health and safety inspections as set forth more fully in SLTCC 6.15.750. The annual service fee shall be collected at the same time as payment of the lodging property’s business and professions tax. Should the lodging property fail to timely pay its annual service fee, the city shall be permitted to recover it, plus accrued interest and penalties, utilizing any and all remedies provided by law including but not limited to nuisance abatement and municipal tax lien. Failure to pay the annual service fee shall be deemed a violation of this article.
C. Reinspection Fee. Upon any inspection of a lodging property subject to this article, the building official may instruct the owner of the lodging property to perform work, take action, or refrain from action to meet the development, design, and maintenance standards set forth in this article and by other applicable laws. If the building official determines that such work, action, or inaction has not been accomplished, the lodging property shall be assessed a reinspection fee in an amount set forth by separate resolution of the city council. Should the lodging property fail to timely pay said re-inspection fee, the city shall be permitted to recover it, plus accrued interest and penalties, utilizing any and all remedies provided by law including but not limited to nuisance abatement and municipal tax lien. Failure to pay the reinspection fee shall be deemed a violation of this article. (Ord. 1088 § 1 (Exh. B))
6.15.730 Design and development standards.
SRO properties shall meet the following design standards:
A. SRO Units.
1. Designation. SRO property owner shall designate specific rooms as SRO units. Said designation cannot change without an amendment to SRO property’s SRO permit. 458
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2. Bathroom. Shall contain a bathroom facility, with a door for privacy, a lavatory (sink), toilet and bathtub or shower.
3. Efficiency Kitchen. Efficiency kitchen facilities shall exist in each SRO unit that does not have access to a common kitchen (as set forth in subsection (B)(1) of this section). Kitchens shall contain:
a) A refrigerator with freezer.
b) A two burner stove and/or cook top and/or microwave. c) A kitchen or bar sink.
d) Countertop space of at least 30 inches.
e) Sufficient electrical capacity to accommodate such facilities.
4. Habitable Floor Area.
a) For a single occupant a minimum habitable floor area of 120 square feet. b) For two occupants a minimum habitable floor area of 170 square feet. c) For three occupants a minimum habitable floor area of 220 square feet. d) For four occupants a minimum habitable floor area of 270 square feet. e) The permissible number of room occupants shall be capped at no more than four persons.
5. Exterior Doors. Exterior doors of SRO units shall meet standards for exterior door rating.
B. SRO Properties.
1. Common Kitchen Facilities. Shared kitchen space shall exist to serve all SRO units that do not possess a kitchen. Common kitchens shall contain:
a) A full size range with four stove burners and an oven. b) A full size refrigerator with freezer for every six SRO units. c) A full size microwave oven.
d) A full size kitchen sink with garbage disposal.
e) At least 10 feet of countertop space for food preparation. f) Lockable storage cabinets a minimum of two by two by two feet for each SRO unit that does not possess independent kitchen facilities.
2. Trash Enclosure. An SRO property shall provide a three-sided trash enclosure or solid screening of the dumpster from public view.
3. Sewage. All sewer units shall be verified and/or permitted by South Tahoe public utility district or the appropriate provider.
4. Electrical. All SRO properties shall meet electrical service requirements that comply with all applicable laws and are subject to approval of the building official.
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.
5. ADA Compliance. All SRO properties that make alterations or additions shall comply with the California Building Code, Section 11 B-202, Existing Building and Facilities, and Section 11 B-224, Transient Lodging and Guestrooms.
C. Signage.
1. Proof of SRO permit shall be placed in a conspicuous place in the lobby or other common area of the lodging property such as a laundry room.
2. All SRO units must have an exterior placard containing the following information:
a) Statement that room or unit has been designated as an SRO unit. b) Name of hotel/motel.
c) Address of hotel/motel.
d) Room number.
e) Approved number of occupants.
f) Contact information of city building department to which complaints may be directed.
D. SROs shall meet all other building requirements for residential building units as set forth in the South Lake Tahoe City Code and all other applicable laws. (Ord. 1088 § 1 (Exh. B))
6.15.740 Maintenance standards.
In order to avoid a substantial risk to health and safety, affected residential rental dwellings shall meet the following interior/exterior and site maintenance standards:
A. All parking areas shall be well maintained, including striping and landscaping.
B. All landscaped and non-landscaped areas shall be in compliance with standards set forth in the SLTCC or other applicable laws.
C. Common kitchen areas shall be kept clean and well maintained. (Ord. 1088 § 1 (Exh. B))
6.15.750 Inspections.
A. Inspections. The building official may inspect all permitted SRO properties and SRO units to determine whether such facilities and units comply with conditions of approval and all other applicable laws. Inspections may be performed annually, or more frequently where the building official determines that the SRO property or SRO unit poses a substantial risk to health and safety or violations of this article exist.
B. Inspection Standards. When inspections are made, SRO properties and SRO units shall be required to be in conformance with the standards in effect at the time the facility or unit was permitted, as well as any additional standards mandated by law.
C. Notification and Access.
1. A letter of intent to inspect an SRO property shall be mailed and emailed, when possible, to the owner of the SRO property stating the date and time of inspection and shall provide 14 days’ notice of said inspection. An inspection checklist will be mailed with the letter.
2. It shall be the responsibility of the SRO property owner to notify the tenants, residents and inhabitants of the inspection. The city shall be ensured access to all SRO units and shared facilities throughout the inspection. 460
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3. In the event an owner or tenant in possession of the property to be inspected refuses access to said property, the city attorney or district attorney is authorized to obtain from a court of competent jurisdiction any warrant necessary to cause the inspection to take place.
D. Voluntary Inspections. Nothing herein shall prevent an owner of a lodging property or a tenant, resident or inhabitant from requesting an inspection at any time for the purpose of determining whether any and all parts of the lodging property comply with this article. Voluntary inspections shall not be subject to the inspection fees set forth by SLTCC 6.15.720. Where violations of this article are discovered during a voluntary inspection, fines shall not be assessed if said violations are corrected within three months of the date of inspection.
E. Reduced Inspections. Lodging properties with SRO unit(s) that have been permitted under this article for a minimum of three successive years and which have complied with all elements of this article shall be eligible for reduced inspections and reduced SRO fees provided the lodging property meets the following standards and requirements set forth by the SLTCC or other agency standards:
1. Defensible space standards.
2. Dumpster enclosures.
3. Landscaping and drainage standards. (Ord. 1088 § 1 (Exh. B))
6.15.760 Violations.
A Any and all violations of this article shall be subject to the city’s administrative citation procedures as set forth in SLTCC Title 2.
B. Any/all practices intended to evade compliance with this article shall be deemed a violation thereof.
C. Residents and inhabitants of SRO units shall not be moved to another unit so as to deprive such residents, tenants and inhabitants of the rights conferred by this article.
D. Relocation of Tenants. If any SRO unit is found to be unsafe to occupy, due to imminent danger to health and safety of the resident(s), the costs and expenses of relocation of any tenant from that unit shall be the responsibility of the owner, pursuant to the provisions of Health and Safety Code Section 17975 et seq.
E. The following constitute violations of this article:
1. Verifiable complaints of noncompliance with the standards set forth in this article.
2. Failure to obtain an SRO permit where a permit is required.
3. Failure to pay SRO fees, TOT, and/or business and professions tax upon such fees and taxes becoming due.
4. Permissible use of rooms and/or units in a lodging property for a period greater than 29 days without having obtained an SRO permit and without meeting the design, development and maintenance standards set forth by this article.
5. Failure to accommodate inspections authorized by this article. (Ord. 1088 § 1 (Exh. B))
6.15.770 Tourist accommodation units.
All SRO units shall remain tourist accommodation units (TAUs) as set forth by TRPA’s Code of Ordinances, unless converted from a TAU by regulations or means other than this article. (Ord. 1088 § 1 (Exh. B)) 461
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Chapter 6.15 BUILDING REGULATIONS
The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.
Chapter 6.15
BUILDING REGULATIONS
Sections:
Article I. In General
6.15.010 Applicability, purpose and authority.
6.15.020 Building, etc., permits generally.
6.15.030 Design review.
6.15.040 Moving of buildings and structures – Relocation permit required.
6.15.050 Moving of buildings and structures – Building permit required.
6.15.060 Drainage requirements for building construction, etc.
6.15.070 Electrical power for construction purposes.
6.15.080 Penalties.
6.15.090 Jobsite sanitary facilities.
6.15.100 Construction site requirements.
6.15.110 Criteria for prevention of flood damage.
6.15.120 Liability of city.
6.15.130 Severability.
Article II. Technical Codes
Division 1. Generally
6.15.140 Where filed – Availability of codes.
6.15.150 Conflicts with state law.
Division 2. Local Amendments to Adopted Codes
6.15.155 Purpose.
6.15.160 Amendments, additions and deletions to the adopted codes.
Article III. Underground Utilities
6.15.170 Definitions.
6.15.180 Service required – New buildings.
6.15.190 Service required – Remodeling or repairs.
6.15.200 Exemptions from article.
Article IV. Numbering of Buildings
6.15.210 Adoption by reference of building number maps.
6.15.220 Designation of numbers by building official.
6.15.230 Numbers to be affixed to buildings – Manner of affixing numbers.
6.15.240 Responsibility for placing of numbers.
6.15.250 Display of number – Prerequisite to issuance of business license.
Article V. Board of Appeals
6.15.580 Established.
Article VI. Underground Storage Tanks
6.15.590 Removal/replacement of underground storage tank. 462
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Chapter 6.15 BUILDING REGULATIONS
The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.
Article VII. Construction and Demolition Debris Recycling
6.15.600 Title/purpose.
6.15.610 Definitions.
6.15.620 Findings.
6.15.630 Threshold applicability.
6.15.640 Requirements.
6.15.650 Standards, guidelines, and criteria.
6.15.660 Inspections.
6.15.670 Severability.
Article VIII. Single Room Occupancy (SRO) Program
6.15.675 Purpose.
6.15.680 Definitions.
6.15.690 Application.
6.15.700 Transient occupancy tax.
6.15.710 SRO permits.
6.15.720 Fees.
6.15.730 Design and development standards.
6.15.740 Maintenance standards.
6.15.750 Inspections.
6.15.760 Violations.
6.15.770 Tourist accommodation units.
For state law authorizing city to regulate the construction, alteration and repair of buildings and the materials used therefor, see Gov. C. § 38660. As to the authority of city to prescribe restrictions on buildings used for human habitation, equal to or greater than state law, see H. and S.C. § 17951. As to community antenna television systems, see Chapter 3.40 SLTCC. As to fire protection, see Title 5 SLTCC. As to plan line setbacks, see Chapter 6.35 SLTCC. As to signs and advertising structures, see Chapter 6.40 SLTCC. As to subdivision of land, see Chapter 6.45 SLTCC. As to zoning, see Chapter 6.55 SLTCC.
Prior legislation: Ords. 890, 958 and 959 and Code 1997 §§ 8-13, 8-14.1 – 8-24.3, 8-27 – 8-32 and 8-33 – 8-33.2.
Article I. In General
6.15.010 Applicability, purpose and authority.
The purpose of this chapter is to adopt by reference the 202219 Edition of the California Building Standards Code, Title 24 of the California Code of Regulations, subject to the clarifications and amendments set forth in this chapter.
The purpose of this chapter is also to provide minimum requirements and standards for the protection of public safety, health, property and welfare of the City of South Lake Tahoe. The following adopted codes prescribe regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, moving, demolition, occupancy, equipment use, height and area of buildings and structures:
A. Building Code Adopted. The 202219 Edition of the California Building Code, known as the California Code of Regulations, Title 24 Part 2, incorporating the 202118 Edition of the International Building Code, published by the International Code Council, including Chapter 1, Appendix C, Group U Agriculture Buildings, Appendix F, Rodentproofing, Appendix H, Signs, and Appendix I, Patio Covers, is hereby adopted by reference.
B. Residential Code Adopted. The 202219 Edition of the California Residential Code, known as the California Code of Regulations, Title 24 Part 2.5, incorporating the 2018 Edition of the International Residential Code, published by the International Code Council, including Chapter 1, is hereby adopted by reference.
C. Electrical Code Adopted. The 202219 Edition of the California Electrical Code, known as the California Code of Regulations, Title 24 Part 3, incorporating the 202017 Edition of the National Electrical Code, published by the National Fire Protection Association, including Article 89, and Annex H is hereby adopted by reference. 463
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.
D. Mechanical Code Adopted. The 202219 Edition of the California Mechanical Code, known as the California Code of Regulations, Title 24 Part 4, incorporating the 202118 Edition of the Uniform Mechanical Code, including Chapter 1, CMC Appendices A, B, C and D, is hereby adopted by reference.
E. Plumbing Code Adopted. The 202219 Edition of the California Plumbing Code, known as the California Code of Regulations, Title 24 Part 5, incorporating the 202118 Edition of the Uniform Plumbing Code, including appendices and installation standards, published by the International Association of Plumbing and Mechanical Officials, including Chapter 17, is hereby adopted by reference.
F. Energy Code Adopted. The 202219 California Energy Code, known as the California Code of Regulations, Title 24 Part 6, published by the California Energy Commission, is hereby adopted by reference.
G. Historical Building Code Adopted. The 202219 California Historical Building Code, known as the California Code of Regulations, Title 24 Part 8, published by the International Code Council, is hereby adopted by reference.
H. Fire Code Adopted. The 202219 Edition of the California Fire Code, known as the California Code of Regulations, Title 24 Part 9, incorporating the 202118 Edition of the International Fire Code, published by the International Code Council, including Chapter 1, is hereby adopted by reference.
I. Green Building Standards Code Adopted. The 202219 Edition of the California Green Building Standards Code, known as the California Code of Regulations, Title 24 Part 11, published by the International Code Council, is hereby adopted by reference.
J. Swimming Pool, Spa and Hot Tub Code Adopted. The 202118 Edition of the International Swimming Pool, Spa and Hot Tub Code, published by the International Code Council, is hereby adopted by reference.
K. International Property Maintenance Code Adopted. The 202118 Edition of the International Property Maintenance Code, published by the International Code Council, is hereby adopted by reference. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-1)
6.15.020 Building, etc., permits generally.
The building official shall check the application, plans and specifications for any building, electrical, mechanical and plumbing permit and the energy efficiency standards for residential and nonresidential buildings. No permit shall be issued unless the plans and specifications have been reviewed and approved by each of the other departments of the city concerned as being in conformance with pertinent laws and ordinances under their jurisdiction. If the building official is satisfied that the work described in an application for a permit and the plans and specifications filed therewith conform to the requirements of this chapter and other pertinent laws and ordinances and that the fee specified has been paid, such official shall issue a permit therefor to the applicant.
Reversed plans will not be accepted. No final inspection or approvals by the building division, for use or occupancy of any structure permitted by this chapter, shall be granted until final inspections and approvals are obtained from all other city and county departments which have imposed requirements for the project. (Ord. 926; Ord. 1003 § 1 (Exh.
A); Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-2)
6.15.030 Design review.
A. Applicability. In general, the standards and guidelines contained in this title are to be applied to new construction, major remodeling more specifically.
B. All applicable projects are subject to the city’s design review process. Contact the city planning department for specific process requirements. Some projects may also require approval by the Tahoe Regional Planning Agency.
Applicants shall also contact the TRPA for their processing requirements.
1. All newly constructed or exterior remodeled buildings or structures proposed for any use other than singlefamily residential units.
2. Newly constructed or exterior remodeled residential units or structures which are located within 200 feet of the high water line of the lake.
3. All prefabricated or factory built buildings or structures. 464
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4. All existing buildings or structures to be relocated within the city, regardless of proposed use.
5. Any structures proposed or located within a floodplain, as defined within the city code.
6. New or modified parking areas containing four or more parking spaces.
7. Other proposals without buildings or structures which could potentially affect the general appearance of the city, including public projects, such as erosion control projects.
C. No permit shall be issued in any case set forth herein until the plans therefor have been approved through the design review process and all buildings, structures and grounds shall be in accordance with the plans as approved. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-3)
6.15.040 Moving of buildings and structures – Relocation permit required.
No person shall move any buildings or structures from one location within or outside the city to another location within the city without having first obtained a relocation permit therefor from the city building division.
A. Written application for a relocation permit shall be made in triplicate stating the contemplated uses of the building at the new location. The applicant shall also furnish a map showing the exact route on which the building is to be moved. Such route shall be approved by the public services works director, together with the time within which the building is to be moved. A reasonable fee equal to the costs of processing the application shall be paid at the time of making the application, no part of which shall be refunded.
The application shall be accompanied by a photograph of the building or structure in its present location, a plot plan of the site on which the building or structure is to be located, a foundation plan and details, and, if the building or structure is to be altered in any way, architectural drawings showing floor plans and elevations in its new location.
B. In addition to the specified fee, any person who seeks a permit to move a building within the city shall first have executed and delivered to the city a good and sufficient surety bond in the penal sum of $10,000 or a rider of the same amount on the permittee’s insurance policy, in favor of the city as obligee conditioned to guarantee payment to the city for any damage that may result to city streets or other public improvements or trees and overhanging wires caused by the moving of such building.
C. The application, along with comments from the building division and the public works division, shall then be reviewed by the city planning division and processed through the design review process to determine whether the architectural and general appearance of the building or structure, as relocated, will improve the character of the neighborhood and such as not to be detrimental to the orderly and harmonious development of the city nor to impair the desirability of investment or occupation in the neighborhood.
D. The building division shall not issue a relocation permit unless the design review process is complete.
E. Removal and relocation of a building pursuant to a relocation permit must be completed within 60 days from the issuance of the permit.
F. Within 10 days after the completion of the moving of any building within the city, the city shall cause an inspection to be made by the public services works director of the route taken in the moving of such building to ascertain the damage, if any, to all streets or other public improvements or trees and overhanging wires and property, of any nature whatsoever within the city, and the building official shall present to the permittee a claim in the amount necessary to repair such damage, if any. Thereupon, the permittee shall cause such claim to be paid or, in the event of a failure or refusal to pay such claim, the bond heretofore filed shall be forfeited in the amount necessary to pay such claim and if any amount of damage insured shall exceed the penal amount of such bond, such deficiency shall be paid by the permittee to the city without further demand therefor. (Ord. 901; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-4)
6.15.050 Moving of buildings and structures – Building permit required.
No person shall move any building from one location in or outside the city to another location within the city unless a building permit has been first obtained to permanently install such building or structure in its new location. Such 465
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022. building permit shall be required in addition to a relocation permit. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-5)
6.15.060 Drainage requirements for building construction, etc.
A. It is the purpose of this section to safeguard adjoining properties and public streets and ways from damage by unnatural flows of surface waters and to prevent the construction of homes and other buildings in areas likely to become flooded.
B. This section applies to all persons engaged in construction within the city, whether as owner, lessee, contractor, or otherwise.
C. No building permit shall be issued for any new construction or any additions or remodeling resulting in new structures at or below ground level unless this section shall have been complied with.
D. Every building permit application for new construction or any additions or remodeling resulting in new structures at or below ground level other than single-family or duplex structures shall be accompanied by the following information and documents, in addition to those otherwise required by this chapter:
1. A grading plan, showing the present contours of the land, the proposed final grade and location of improvements.
2. Profile sections at the rear, middle and front of the property, showing existing contours, the proposed final grade and the location of improvements.
3. Details of drainage structures, walls, cribbing, surface protection and landscaping.
E. No building permit shall be issued if the drainage information required by this section reveals any of the following facts:
1. Drainage from the property after construction will apparently result in physical damage directly or indirectly to another lot or to any public street or public property.
2. Natural drainage from the property will be changed to the detriment of surrounding property.
3. The first floor level of any improvement will be in danger of flooding from surface runoff. Permits, however, may be issued when foundations are raised above the flooding level as determined by the city.
In those instances where existing structures that are located in floodplains, as defined by the flood insurance rate map (FIRM), are reconstructed or have substantial improvements done to them (over 50 percent of replacement costs prior to damage having occurred), permits may be issued provided the lowest floor elevation is raised one foot above the defined 100-year floodplain per applicable FEMA requirements.
F. A grading plan may be required by the building division for single-family or duplex structures where an on-site inspection indicates that any fact mentioned in subsection (E) of this section may exist.
G. The building official, with the concurrence of the city engineer, may waive any or all of the requirements of subsection (D) of this section whenever an on-site inspection satisfies such officers that the facts described in subsection (E) of this section do not exist or that the requirements in question would not reveal any such facts. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-6)
6.15.070 Electrical power for construction purposes.
Temporary electric power for construction can be provided by a temporary power pole that complies with the requirements of the California Electric Code and Liberty Utilities Company specifications. Or, temporary power can be arranged from the permanent main service panel using the permanent grounding electrode. The main service panel shall be framed into the permanent wall section of the structure. This wall section shall have a shear panel on it and be braced to the satisfaction of the jurisdiction. There can be a maximum of two quadruple ground faulted outlet locations. The wiring to each location shall be in conduit. Any connection of power to the building’s 466
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022. permanent outlet wiring prior to authorization by the building division will result in a disconnect order to the providing utility.
Prior to any reconnection of electric to the site of a disconnect order, penalty fees in accordance with SLTCC
6.15.080 shall be paid.
Prior to energizing the permanent outlet wiring from the main panel, all nail or screw-applied wall finishes must be completed; all electric work for the permanent circuits to be energized must be completed; and the building must be able to be secured against entry by unauthorized persons. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-7.1)
6.15.080 Penalties.
It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, connect electric power or gas, occupy or maintain any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code.
Any person, firm, or corporation violating any of the provisions of the code shall be deemed guilty of an infraction.
Penalties for a violation of this chapter shall be as outlined in Chapter 2.30 SLTCC for each and every subsequent offense. 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. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. (Ord. 901; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-7.2)
6.15.090 Jobsite sanitary facilities.
Temporary sanitation facilities shall be provided on all construction sites. Failure to maintain such facilities will result in a stop work order until such facilities are provided.
Exception: Remodels which contain an operable on-site toilet facility. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh.
A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-7.3)
6.15.100 Construction site requirements.
A. All trash, temporary BMP elements related to construction, site security elements, and construction debris shall be disposed of in an approved manner on a regular basis. Prior to any final inspection, all construction trash and debris shall be removed from the site. No debris or construction materials may be stored in the public right-of-way.
B. Building permit must be posted in public view and visible from street or closest possible to passersby.
C. Construction site must have address posted at all times.
D. Approved construction documents must be on site at all times.
E. Access to areas must be provided to inspector at his or her request.
F. All construction activities that include impact equipment and activities such as pile driving, soil compaction, or vibratory hammers could potentially affect nearby structures. Where these activities occur within 200 feet of existing structures, an analysis shall be conducted of potential vibration levels based on the criteria contained in Table 436-12 of the City General Plan Update EIR (September 2010). Construction operations shall be designed to avoid or mitigate for vibrations above 0.02 inches/second (0.5 mm/second).
G. All required exits, existing structural elements, fire protection devices and sanitary safeguards shall be maintained at all times during alterations, repairs, or additions to any building or structure.
H. Fire safety during construction shall comply with the applicable requirements of this code and the applicable provisions of the California Building Code and Chapter 33 of the California Fire Code. 467
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I. All construction activities shall be performed in a manner that prevents injury or damage to persons, adjoining properties and public rights-of-way. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-7.4)
6.15.110 Criteria for prevention of flood damage.
Prior to the issuance of any building permit for new construction or substantial improvements, the building official, after such consultation as the building official deems necessary with the city engineer, shall:
A. Review the application to determine whether the proposed building site will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, the proposed new construction or substantial improvement, including prefabricated and mobile homes, shall:
1. Be designed or modified and anchored to prevent flotation, collapse or lateral movement of the structure.
2. Be constructed of materials and utility equipment that are resistant to flood damage.
3. Be the result of construction methods and practices that will minimize flood damage.
4. Comply with all FEMA requirements for buildings constructed within a designated floodplain.
B. Require new or replacement water supply systems or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-8)
6.15.120 Liability of city.
The building official or any employee, within the course and scope of his or her employment, charged with the enforcement of this code, acting in good faith on behalf of the city, and without malice, shall not thereby be rendered liable personally and such person is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of such person’s duties. Any suit brought against the building official or employee, because of such act or omission performed by such person in the enforcement of any provisions of the codes adopted in Articles I and II of this chapter, shall be defended by the city until final termination of the proceedings. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-9)
6.15.130 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A).
Code 1997 § 8-10)
Article II. Technical Codes Formatted: French (France)
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Division 1. Generally
6.15.140 Where filed – Availability of codes.
One copy of each of the codes adopted by reference in Article I of this chapter is on file in the office of the building official for use and examination by the public. Ordering information for obtaining copies of such codes may be obtained at the city services center public counter. (Ord. 926; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1107 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-11)
6.15.150 Conflicts with state law.
Wherever the provisions of the state housing law (Division 13, Part 1.5, beginning with Section 17910 of the Health and Safety Code of the state) shall impose requirements more stringent than those established by this article, the provisions of the state housing law shall be applied by the building division. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1107 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-12) Formatted: French (France)
469
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Division 2. Local Amendments to Adopted Codes
6.15.155 Purpose.
The purpose of this division is to identify local amendments to the adopted codes, consistent with Health and Safety Code Section 17958 based on express findings relative to local climatic, topographical or geological conditions. (Ord. 1134 § 1 (Exh. A))
6.15.160 Amendments, additions and deletions to the adopted codes.
A. California Building Code Section 105.5.1, California Residential Code Section R105.5.1, California Plumbing Code Section 104.4.3.1, California Mechanical Code Section 104.4.3.1 and California Electrical Code Article 89, 108.4.1 are hereby amended to read as follows:
Every permit issued by the building official under the provision of this code shall become invalid and expired unless the work authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. 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 fordemonstrated. a new structure or an addition shall expire by limitation and become null and void if the building or work authorized by such permit is not completed and inspected within one year from the date of issuance of such permit. Before such work can be recommenced, a new permit shall be obtained to do so. In order to renew action on an invalid permit after expiration, the permittee shall pay a new full permit fee and be accompanied with updated construction documents to reflect compliance with the most recent applicable codes based on the new submittal date.
B. Any permittee holding an unexpired permit for a new structure or addition may apply for an extension of the time for which work may be completed under that permit when the permittee is unable to complete work within the time required by this section for good and satisfactory reasons. The building official may extend a permit for a period not exceeding one year180 days on written request by the permittee. The written request shall be submitted to the building official prior to the expiration date of the original permit. The request for an extension of an existing permit shall show that circumstances beyond the control of the permittee have prevented completion of the work authorized by the permit. No permit may be extended more than three years cumulatively.
C. California Building Code Section 109.2, California Fire Code Section 106.2, California Residential Code Section R108.2., California Plumbing Code Section 104.5, California Mechanical Code Section 104.5 and California Electrical Code Article 80.19(H)(4) are hereby amended to read as follows:
The fee for each permit shall be as set forth in this section and by city council resolution. The determination of value or valuation under any of the provisions of this code shall be made by the building official/fire code official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, and any other permanent equipment. Fees shall be determined by the valuation as shown for good construction on the valuation table as published annually in the November/December issue of Building Standards magazine. Values shall be 100 percent of the valuation given in the basic valuation table. Fees shall be adjusted on the first day of January each year. The fee shall be as specified through adoption of resolution by the city council.
EXCEPTION: Major projects for which the city contracts for inspection and/or plan review services shall be charged permit fees in accordance with the above section. Costs of additional plan review and/or overtime inspections required for project fast-tracking, or contractor scheduling, or due to changes in plans, shall be paid by the owner on a monthly basis. The fees shall be equal to the cost of service plus a 25 percent administrative fee. 470
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The owner shall provide on-site office space for the resident inspector. Such office space shall be private and under the exclusive control of the resident inspector. Electric power, heat and phone service shall be provided to the office. Such office shall be maintained on-site until the final certificate of occupancy is issued.
For work requiring a permit not described on the valuation table, the valuation shall be determined by contract price for the work, subject to review by the building official.
The minimum permit fee under this section shall be as specified through adoption of resolution by the city council. Additional plan review as a result of incomplete submittals or changes to plans after approval of such plans will be charged a plan review fee.
A reinspection fee shall be charged for scheduled inspections when the work, for which an inspection was requested, is not ready for inspection. A reinspection fee shall also apply to additional inspections after the initial inspection for verifying correction of items noted in a correction notice.
Special inspection fees shall be charged with a one-hour minimum charge. Any inspections requested outside of regular work hours will be charged a three-hour minimum charge.
D. California Building Code Section 115.4, California Fire Code Section 107.46.3, California Residential Code Section R114.43, and California Electrical Code Article 80.23(3) are hereby amended to read as follows:
When a stop work order is issued aAn investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The permit fee for work without a permit shall be twice the normal permit fee. 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.
E. International Property Maintenance Code (IPMC) Section 107, Notices and Orders. Add the following text at the end of subsection 107.2, Item 4:
The maximum time limit shall be determined by the city building official based upon the condition of the structure and the potential hazard involved. Once such determination has been made, the building official shall serve a copy of a notice and order which specifies the dangerous condition to be remedied, together with the timeline for correction, as determined by the building official. Prior to the expiration date specified in the notice and order, the property owner shall perform either the rehabilitation, renovation or removal, as set forth in the notice and order.
Abatement of abandoned or substantially damaged non dwelling unit structures shall be subject to the provisions contained in Chapter 4.60 SLTCC.
F. Authority to Utilize Alternate Method of Recovery of Cost of Demolition. In any case where the city has found it necessary to undertake an abatement process to demolish a structure which has been found by the building official to be unsafe, as defined within Section 108 of the International Property Maintenance Code, the city may elect, at its discretion, to recover costs of such abatement using the methods prescribed in subsection (G) of this section as an alternative to the procedure outlined in Sections 110.3 and 109.4 et seq. of the aforementioned code.
G. Alternate Method of Recovery of Cost of Demolition.
1. Prior to commencement of any demolition activity undertaken as part of the abatement of an unsafe structure, the city shall take all necessary steps to ensure that all development rights which may be present on the parcel are appropriately banked with the Tahoe Regional Planning Agency and the South Tahoe Public Utility District. All such rights, which may include, but not be limited to, development rights, allocations, commercial square footage, hard and soft coverage rights, and sewer units, shall be banked to remain on the parcel upon which the demolition activity will be completed. 471
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2. Upon completion of all demolition activities, an accounting of expenses shall be completed by the administrative services director and a public hearing to consider confirmation of the costs of the abatement shall be scheduled, noticed and conducted in accordance with Section 107 et seq. of the International Property Maintenance Code.
The notice mailed to the owner of record for the property which is the subject of the abatement process shall contain a statement which substantively reads as follows:
IMPORTANT NOTICE TO THE PROPERTY OWNER
Development rights attributable to your property and recognized by the Tahoe Regional Planning Agency have been banked with that agency. These rights have considerable value. In order to retain ownership of these development rights, you must pay any and all costs of the abatement process which may be confirmed by the City Council at the scheduled hearing no later than sixty-five (65) days following the date of said hearing.
Your failure to pay the confirmed costs of said abatement within sixty-five (65) days of the date of the hearing will result in FORFEITURE OF THE DEVELOPMENT RIGHTS ASSOCIATED WITH YOUR PROPERTY.
SUCH FORFEITURE MAY ULTIMATELY PROHIBIT YOU OR ANYONE IN THE FUTURE FROM REDEVELOPING YOUR PROPERTY.
3. Upon completion of the hearing process to confirm the costs of the abatement process, the owner of the property subject to the abatement shall have 65 days from the date of the hearing to pay all costs of the abatement which have been confirmed by the city council. In the event all costs are not paid within the specified time period, the city shall notify the Tahoe Regional Planning Agency of the city council’s confirmation of costs of the abatement process and the failure of the property owner to pay said costs, and shall request that the Tahoe regional planning agency approve forfeiture of all development rights banked to be vested with the city of South Lake Tahoe. Such forfeiture and vesting shall become effective 21 days after such approval is granted.
H. Expedited Permit Process for Photovoltaic and Electric Vehicles. To California Building Code Section 107.3 the following subsection shall be added:
Expedited Permit Process for Small Residential Rooftop Systems Solar Systems and Electric Vehicle Charging Stations
Definitions. As used in this section:
“Electronic submittal” means the utilization of electronic e-mail or submittal of an application via the internet.
“Reasonable restrictions” on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance” means:
1. For water heater systems or solar swimming pool heating systems: an amount exceeding ten (10) percent of the cost of the system, but in no case more than one thousand dollars ($1,000.00) or decreasing the efficiency of the solar energy system by an amount exceeding ten (10) percent, as originally specified and proposed. 472
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2. For photovoltaic systems: an amount not to exceed one thousand dollars ($1,000.00) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten (10) percent as originally specified and proposed. “Small residential rooftop solar energy system” means all of the following:
1. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.
2. A solar energy system that conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the county and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or designated from time to time.
3. A solar energy system that is installed on a single- or duplex-family dwelling.
4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
“Solar energy system” has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or designated from time to time.
“Specific adverse impact” means a significant, quantifiable, direct, unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. a. All solar energy systems and electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the City of South Lake Tahoe. b. All solar energy systems and electric vehicle charging stations shall be certified by an accredited listing agency.
c. All energy systems for producing and or supplying electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
d. Proof of approval by the Tahoe Regional Planning Agency must be presented with application.
e. Proof of approval by local utility must be presented with application.
I. Fire Watch. California Fire Code Section 403.112.1, Fire Watch Personnel, is hereby amended to read as follows:
When, in the opinion of the fire code official, it is essential for public safety in a place of assembly or any other occupancy, because of the number of persons, or the nature of the noncompliance with the California Fire Code and/or the nature of the performance, exhibition, display, contest or activity, the fire code official may require the owner, agent or lessee, to provide one or more fire watch personnel to perform fire watch duties during the times such places are open to the public, or when such activity requiring a fire watch is being conducted.
J. Building Address. Section 502.1 of the California Building Code, California Fire Code Section 505.1 and Section R319.1 of the California Residential Code are hereby amended to read as follows:
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South Lake Tahoe City Code
Division 2. Local Amendments to Adopted Codes