1 ORDINANCE NO. ______
AN O
RDINANCE AMENDING STOCKTON MUNICIPAL CODE TITLE 15, CHAPTERS
15.24 AND 15.28 OF THE STOCKTON MUNICIPAL CODE BY REPEALING AND REPLACING BOTH CHAPTERS WITH TITLE 15, CHAPTER 24, “PROPERTY MAINTENANCE CODE” BY ADOPTING THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE; AND AMENDING TITLE 15, CHAPTER 15.04; AND TITLE 15, CHAPTER 15.12; AND TITLE 15, CHAPTER 15.64; AND TITLE 15, CHAPTER 15.68; AND TITLE 1, CHAPTER 1.32, SECTION 1.32.040; AND 15.32, SECTION 15.32.090
TO COMPLY WITH STATE LAW AND CORRECT INCONSISTENCIES IN EXISTING CODE
BE I
T ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
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ECTION I. FINDINGS AND INTENT
The City Council of the City of Stockton finds adopting the property maintenance standards, rules, and regulations established in the 2024 Edition of the International Property Maintenance Code, will adequately protect the health, safety, and welfare or the public and occupants and will better align with other existing adopted Codes and State Law, and shall be adopted and hereby incorporated by reference into the Stockton Municipal Code, Title 15, Chapter 15.24, and shall be known as the Property Maintenance Code.
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he City Council also finds Stockton Municipal Code, Title 1, Chapter 1.32, Administrative Citations, Title 15, Chapter 15.04, Administrative Provisions for Construction Codes, Title 15, Chapter 15.32, Maintenan ce, Security, and Rehabilitation or Abandoned and Vacant Property, regarding appeal provisions, conflicts with the intent of State Law, and shall hereby be amended.
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he City Council also finds , when Stockton Municipal Code, Title 15, Chapter
15.12, California Fire Code was adopted, an appendix within the code was mistakenly adopted, and shall herby be amended.
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he City Council also finds , when Stockton Municipal Code, Title 15, Chapter
15.64, International Swimming Pool and Spa Code was adopted, an appendix within the code was mistakenly adopted, and shall hereby be amended.
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ECTION II. AMENDMENT OF CODE
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itle 15, Chapters 15.24 and 15.28 are hereby amended by repealing the entire Chapters as follows:
SEC
TION III. AMENDMENT OF CODE
2 T
itle 15, Chapters 15.24 “Housing Code” is hereby adopted and amended and shall read as follows:
CHAP
TER 15.24 PROPERTY MAINTENANCE CODE
A
rticle I. Administration
1 5.24.010 Adoption of International Property Maintenance Code.
On
April 4, 2025, there was filed in the office of the City Clerk, one (1) copy of the International Property Maintenance Code, 2024 Edition, as published by the International Code Council. Said code is hereby incorporated in this code by reference.
15. 24.020 Purpose.
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he purpose of the code is to provide minimum maintenance standards for existing buildings including minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation, and fire safety. The International Property Maintenance Code provides for the regulation and safe use of existing structures and premises in the interest of public health, safety, and welfare.
15. 24.030 Amendments.
N
otwithstanding the provisions of Stockton Municipal Code, Section 15.24.010, the International Property Maintenance Code is amended as follows:
A. C
hapter 1, Section 101.1 “Title” is hereby amended and shall read as follows:
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hese regulations shall be known as the Property Maintenance Code of City of Stockton, hereinafter referred to as “this code.”
B. C
hapter 1, Section 101.1.1 “Code official’ is hereby added and shall read as follows:
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henever the term “code official” is used herein, it shall be construed to mean the Director, Community Development Department or the Deputy Director, Building and Safety Division or any duly delegated representative (or) Director as defined in Title 1 of the Stockton Municipal Code.
C. C
hapter 1, Section 102.3 “Application of other codes” is hereby amended and shall read as follows:
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epairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Code, 3 California Existing Building Code, California Energy Code, California Fire Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Historical Building Code, California Green Building Standards Code and International Swimming Pool and Spa Code. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the Stockton Municipal Code Title 16, Development Code.
D. C
hapter 1, Section 102.8 “Referenced codes and standards” is hereby amended and shall read as follows:
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he codes and standards referenced in this code shall be those that are listed in Chapter 8 and Section 15.24.030C of the Stockton Municipal Code and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.8.1 and 102.8.2.
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xception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.
E. C
hapter 1, Section 103 “Code compliance agency” is hereby amended and shall read as follows:
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ection 103.1: Agency.
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he Director, Community Development Department, or duly appointed designee, shall be the official in charge and shall be known as the code official. The function of the code official shall be the implementation, administration, and enforcement of the provisions of this code.
F. C
hapter 1, Section 106.1 “General” is hereby amended and shall read as follows:
I
n order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of the code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official.
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xceptions: Appeals for the following Sections shall be heard in accordance with Stockton Municipal Code, Title 1, Chapter 1.44 ‘Administrative Hearings’:
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ection 301.3: Vacant structures and land.
Section 302.1: Sanitation.
Section 302.3: Sidewalks and driveways.
Section 302.4: Weeds.
Section 302.5: Rodent Harborage.
Section 302.8: Motor vehicles.
4 S ection 302.9: Defacement of property.
Section 308 et seq.: Rubbish and garbage.
Section 309 et seq.: Pest elimination.
G. C
hapter 1, Section 107.2 “Notice of violation” is hereby amended and shall read as follows:
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he code official shall serve a notice of violation or order in accordance with Title 1, Chapters 1.28 and 1.32 of the Stockton Municipal Code.
H. C
hapter 1, Section 107.3 “Prosecution of violation” is hereby amended and shall read as follows:
A
ny person failing to comply with a notice of violation or order served in accordance with Title 1 of the Stockton Municipal Code shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or t o require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. Notwithstanding any of the remedies outlined above, whenever a person fails to comply with a notice of violation or order, the code official may use administrative remedies including but not limited to issuing administrative citations, notice and orders, and civil penalties.
I. C
hapter 1, Section 109.5 “Hazardous structure or premises” is hereby amended and shall read as follows:
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or the purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be hazardous:
1. A
ny door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.
2. T
he walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.
3. A
ny building, structure or portion thereof that is dangerous.
4. T
he building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. Pursuant to Health and Safety Code, Sections 17920 and 17920.3, by definition, this shall include substandard buildings; which is any 5 building or portion thereof, including any building used for human habitation regardless of zoning designation or approved uses of the building, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, wherein there exists any conditions to an extent that it endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public and the same shall be deemed and hereby is declared to be a substandard building.
5. T
he building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.
6. A
ny building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.
7. A
building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. This shall include extensive visible mold growth, as determined by a health officer or a code enforcement officer, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
8. A
ny building or structure, because of a lack of sufficient or proper fire- resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health.
9. A
ny portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.
J. C
hapter 1, Section 109.4 “Notice” is hereby amended and shall read as follows:
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henever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner 6 prescribed in Title 1 of the Stockton Municipal Code to the owner or the owner’s authorized agent, for the violation as specified in this code. Notices for condemnation procedures shall comply with this section.
K. C
hapter 1, Section 109.9 “Restoration or abatement” is hereby amended and shall read as follows:
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he structure or equipment determined to be unsafe by the code official is permitted to be restored to a safe condition. The owner, owner’s authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. To the extent that repairs, alterations, or additions are made, or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions, or change of occupancy shall comply with the requirements of the California Existing Building Code. Pursuant to the California Health and Safety Code (HSC), Sections 17980(c)(2) and 17980(d), in deciding whether to require vacation of the building, or to repair as necessary, the City shall give preference to the repair of the building whenever it is economically feasible to do so without having to repair more than 75 percent of the dwelling and shall give full consideration to the needs for housing as expressed in the City’s housing element and, if the City determines that a building or portion thereof is substandard under this section based solely on the building or portion thereof being illegally occupied, the City shall not commence court proceedings to abate the violation by repair if all of the following conditions are met:
A. T
he owner declares under penalty of perjury that the occupant is illegally occupying the building.
B. The owner filed and is diligently prosecuting an unlawful detainer action against the occupant, or the occupant is being removed pursuant to Section 602 of the Penal Code.
C. The City determines the building poses no risk to tenants, nearby residents, or the public.
L. C
hapter 1, Section 110.6 “Hearing” is hereby amended and shall read as follows:
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ny person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, in accordance with Section 106 shall be afforded a hearing as described therein.
M. C
hapter 2, Section 201.3, “Terms defined in other codes” is hereby amended and shall read as follows:
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here terms are not defined in this code and are defined in the California Building Code, California Existing Building Code, California Fire Code , California Mechanical Code, California Plumbing Code, California Residential Code, Stockton Municipal Code, 7 Title 16, Development Code or California Electrical Code, California Historical Building Code, California Green Building Standards Code and International Swimming Pool and Spa Code such terms shall have the meanings ascribed to them as stated in those codes.
N. C
hapter 2, Section 202 “General definitions” is hereby amended, and the following definition shall be added:
HE
ALTH OFFICER. The legally designated head of the County Department of Health or the designated Health Official of the City of Stockton.
O. C
hapter 3, Section 301.2 “Responsibility” is hereby amended and shall read as follows:
Th
e owner of the premises shall maintain the structures and exterior property in compliance with these requirements and the code under which the building was constructed, except as otherwise provided for in this code. The owner or owner’s agent shall be responsible to ensure that any repairs, additions or alterations to the building or portion thereof are performed or constructed in accordance with the California Building Code, California Residential Code or California Existing Building Code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises they occupy and control. The owner and occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for not allowing any condition to exist upon the property, or within the structure, any nuisance that may be determined to affect the safety or well-being of the general public.
P. C
hapter 3, Section 304.1.1 “Potentially unsafe conditions” is hereby amended and shall read as follows:
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he following conditions shall be considered to be potentially unsafe, shall be assessed and shall be addressed in compliance with the California Existing Building Code, the California Residential Code or the California Building Code:
Q. C
hapter 3, Section 304.14 “Insect screens” is hereby amended and shall read as follows:
Ever
y door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
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xception: Screens shall not be required where other approved means, such as air 8 curtains or insect repellent fans, are employed.
R. C
hapter 3, Section 305.1.1 “Potentially unsafe conditions” is hereby amended and shall read as follows:
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he following conditions shall be considered to be potentially unsafe, shall be assessed and shall be addressed in compliance with the California Existing Building Code, the California Residential Code, or the California Building Code:
S. C
hapter 3, Section 306.1.1 “Potentially unsafe conditions” is hereby amended and shall read as follows:
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here any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be considered to be unsafe and shall be addressed in compliance with the California Existing Building Code, the California Residential Code or the California Building Code:
T. C
hapter 4, Section 401.3 “Alternative Devices” is hereby amended and shall read as follows:
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n lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code shall be permitted.
U. C
hapter 5, Section 502.5 “Public toilet facilities” is hereby amended, respectively and shall read as follows:
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ublic toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.
V. C
hapter 5, Section 505.1 “Abandonment of systems” is hereby amended and shall read as follows:
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very sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code.
W. C
hapter 6, Section 602.2 “Residential occupancies” is hereby amended and shall read as follows:
Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 65°F (18°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the 9 California Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.
The installation of one or more portable space heaters shall not be used to achieve compliance with this section.
X. C hapter 6, Section 602.3 “Heat supply” is hereby amended and shall read as follows:
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very owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 65°F (18°C) in all habitable rooms, bathrooms and toilet rooms.
Y. C
hapter 6, Section 602.4 “Occupiable workspaces” is hereby amended and shall read as follows:
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ndoor occupiable work spaces shall be supplied with heat to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.
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xceptions:
1. P
rocessing, storage and operation areas that require cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
Z. C
hapter 6, Section 604.2, “Service” is hereby amended and shall read as follows:
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he size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with California Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a minimum rating of 60 amperes.
AA.
Chapter 6, Section 604.3.1.1 “Electrical equipment” is hereby amended and shall read as follows:
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lectrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low -voltage fuses, luminaires, ballasts, motor s and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the California Building Code.
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xception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that 1 0
requires replacement:
1. E
nclosed switches, rated not more than 600 volts or less.
2. B
usway, rated not more than 600 volts.
3. P
anelboards, rated not more than 600 volts.
4. S
witchboards, rated not more than 600 volts.
5. F
ire pump controllers, rated not more than 600 volts.
6. M
anual and magnetic motor controllers.
7. M
otor control centers.
8. A
lternating current high-voltage circuit breakers.
9. Lo
w-voltage power circuit breakers.
10. P
rotective relays, meters and current transformers.
11. Low- an
d medium-voltage switchgear.
12. Li
quid-filled transformers.
13. C
ast-resin transformers.
14. W
ire or cable that is suitable for wet locations and whose ends have not been exposed to water.
15. W
ire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water.
16. Luminaires that are listed as submersible.
17. Mo
tors.
18. E
lectronic control, signaling and communication equipment.
BB. 604.3.2.1 “Electrical equipment” is hereby amended and shall read as follows:
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lectrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the California Building Code. 1 1
Exception:
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lectrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement.
CC. C
hapter 7, Section 702.3 “Locked doors” is hereby amended and shall read as follows:
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eans of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Building Code.
DD. C
hapter 7, Section 703.7 “Vertical shafts” is hereby amended and shall read as follows:
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nterior vertical shafts, including stairways, elevator hoistways and service and utility shafts, which connect two or more stories of a building shall be enclosed or protected as required in Chapter 11 of the California Fire Code. New floor openings in existing buildings shall comply with the California Building Code.
EE. C
hapter 7, Section 704.1 “Inspection, testing and maintenance” is hereby amended and shall read as follows:
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ire protection and life safety systems shall be maintained in accordance with the California Fire Code in an operative condition at all times, and shall be replaced or repaired where defective.
FF. C
hapter 7, Section 704.1.1 “Fire protection and life safety systems” is hereby amended and shall read as follows:
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ire protection and life safety systems shall be installed, repaired, operated and maintained in accordance with this code the California Fire Code and the California Building Code.
GG. C
hapter 7, Section “Required fire protection and life safety systems” is hereby amended and shall read as follows:
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ire protection and life safety systems required by this code, the California Fire Code or the California Building Code shall be installed, repaired, operated, tested and maintained in accordance with this code. A fire protection and life safety system for which a design option, exception or reduction to the provisions of this code, the California Fire Code or the California Building Code has been granted shall be considered to be a required system.
1 2
HH. Chapter 7, Section 704.1.3 “Fire protection systems” is hereby amended and shall read as follows:
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ire protection systems shall be inspected, maintained and tested in accordance with the following California Fire Code requirements.
1. A
utomatic sprinkler systems, see Section 903.5.
2. A
utomatic fire -extinguishing systems protecting commercial cooking systems, see Section 904.14.5.
3. A
utomatic water mist extinguishing systems, see Section 904.11.3.
4. C
arbon dioxide extinguishing systems, see Section 904.8.
5. C
arbon monoxide alarms and carbon monoxide detection systems, see Section 915.6.
6. Cle
an-agent extinguishing systems, see Section 904.10.
7. D
ry-chemical extinguishing systems, see Section 904.6.
8. F
ire alarm and fire detection systems, see Section 907.8.
9. F
ire department connections, see Sections 912.4 and 912.7.
10. F
ire pumps, see Section 913.5.
11. F
oam extinguishing systems, see Section 904.7.
12. H
alon extinguishing systems, see Section 904.9.
13. S
ingle- and multiple-station smoke alarms, see Section 907.2.9.2.
14. S
moke and heat vents and mechanical smoke removal systems, see Section 910.5.
15. S
moke control systems, see Section 909.22.
16. W
et-chemical extinguishing systems, see Section 904.5.
17. D
uct and air transfer openings, see Section 706.1.
II. C
hapter 7, Section 704.2.1 “Records” is hereby amended and shall read as follows:
1 3
Records shall be maintained of all system inspections, tests and maintenance in accordance with Section 109.3 of the California Fire Code.
JJ. C
hapter 7, Section 704.3 “Systems out of service” is hereby amended and shall read as follows:
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here a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, either the building shall be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with not less than one approved means for notification of the fire department and shall not have duties beyond performing constant patrols of the protected premises and keeping watch for fires. Actions shall be taken in accordance with Section 901.7 of the California Fire Code to bring the systems back in service.
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xception: Facilities with an approved notification and impairment management program. The notification and impairment program for water -based fire protection systems shall comply with NFPA 25.
KK. C
hapter 7, Section 704.3.1 “Emergency impairments”
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here unplanned impairments of fire protection systems occur, appropriate emergency action shall be taken to minimize potential injury and damage. The impairment coordinator shall implement the steps outlined in Section 901.7.4 of the California Fire Code.
LL. C
hapter 7, Section 704.4.2 “Removal of existing occupant -use hose lines” is hereby amended and shall read as follows:
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he fire code official is authorized to permit the removal of existing occupant-use hose lines where all of the following apply:
1. T
he installation is not required by the California Fire Code or the California Building Code.
2. T
he hose line would not be utilized by trained personnel or the fire department.
3.T
he remaining outlets are compatible with local fire department fittings.
MM. C
hapter 7, Section 704.4.3 “Termination of monitoring service” is hereby amended and shall read as follows:
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or fire alarm systems required to be monitored by the California Fire Code, notice shall be made to the fire code official whenever alarm monitoring services are terminated.
Notice shall be made in writing by the provider of the monitoring service being terminated. 1 4
NN. C
hapter 7, Section 704.5.1 “Fire department connection access” is hereby amended and shall read as follows:
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eady access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or movable object.
Access to fire department connections shall be approved by the fire chief.
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xception: Fences, where provided with an access gate equipped with a sign complying with the legend requirements of Section 912.5 of the California Fire Code and a means of emergency operation. The gate and the means of emergency operation shall be approved by the fire chief and maintained operational at all times.
OO. C
hapter 7, Section 704.6.4 “Smoke detection system” is hereby amended and shall read as follows:
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moke detectors listed in accordance with UL 268 and provided as part of the building’s fire alarm system shall be an acceptable alternative to single- and multiple- station smoke alarms and shall comply with the following:
1. The fire alarm system shall comply with all applicable requirements in Section 907 of the California Fire Code.
2. A
ctivation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Section 907.5.2 of the California Fire Code.
3. A
ctivation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with Section 907.6.6 of the California Fire Code.
PP. C
hapter 7, Section 705.1 “General” is hereby amended and shall be read as follows:
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arbon monoxide alarms shall be installed in dwellings in accordance with Section 1103.9 of the International Fire Code, except that alarms in dwellings covered by the California Residential Code shall be installed in accordance with Section R311 of that code.
1 5.24.040 Repair and demolition fund - report
A. G
eneral. The City Council shall establish a repair revolving fund to be designated as the Repair and Demolition Fund. Payments shall be made out of said fund upon the demand of the Building Official to defray the costs and expenses which may be incurred by the City in doing or causing to be done the necessary work of repair or 1 5
demolition of dangerous buildings.
B. M
aintenance of Fund. The Council may at any time transfer to the Repair and Demolition Fund, out of any money in the General Fund of the City, such sums as it may deem necessary in order to expedite the performance of the work of repair or demolition, and any sum so transferred shall be deemed a loan to the Repair and Demolition Fund and shall be repaid out of the proceeds of the collections hereinafter provided for. All funds collected under the proceedings hereinafter provided for shall be paid to the City Treasurer who shall credit the same to Repair and Demolition Funds.
C. A
ccount of Expenses - Report. The Director shall keep an itemized account of the expense incurred by the City in the repair or demolition of any building done pursuant to this Code. Upon the completion of the work or repair or demolition, said Director shall prepare and file a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice.
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rticle II. Securing of Unsafe Buildings
15. 24.050 Existence of unsecured buildings—A public nuisance.
It is hereby found and expressly declared that the existence of an unsecured building within the City is a public nuisance and dangerous to the health and safety of the inhabitants of said City. An unsecured building is hereby defined and when so designated by the code official as any unoccupied house, garage, building or any other structure which is unoccupied and into which free entry may be made through the existence of any unsecured opening, including broken and unboarded windows and doorways.
15. 24.060 Unlawful not to secure after notice.
A. I
t is unlawful for any owner, agent, lessee or person having charge or control of any unsecured building within the City of Stockton to refuse or neglect to secure said building hereinbefore declared to be a public nuisance within a period of ten (10) days after such owner, agent, lessee or other person above described has been given notice as provided in Stockton Municipal Code, Title 1, Chapter 1.24 et seq., or Chapter 1.28 et seq., or Chapter 1.32 et seq., which shall order that the building be secured and the public nuisance thereby abated. Said Notice shall order that the building be secured pursuant to Stockton Municipal Code, Title 15, Chapter 15.32, or in a manner approved by the code official. Any person entitled to appeal a securing action by the City may appeal the Notice or any action of the code official specific to the securing action, by requesting an Administrative Hearing in accordance with Stockton Municipal Code, Title 1, Chapter
1.44. 15.
24.070 Securing by City after ten-day period.
In the event such owner, agent, lessee or other person having charge or control of 1 6
an unsecured building fails, refuses, or neglects within said 10- day period to secure an unsecured building in accordance to the provisions of Chapter 15.32.050 or as approved by the Building Official, hereinbefore declared to be a public nuisance, then the City may cause said building to be secured and the cost of such work shall be paid forthwith by such owner, agent, lessee or other person.
15. 24.080 Liability for cost of work.
Liability to the City for the cost of securing said building shall attach only to the person who was the owner, agent, lessee or person having charge or control of the building at the time the work was done by the City; provided, however, that this chapter shall not be construed to impair any lien which shall exist under Stockton Municipal Code, Section 15.24.130.
15. 24.090 Repair by City—Record of costs.
In the event that the securing of any such unsecured building hereinbefore declared to be a public nuisance is done by the City, the code official or designated agent shall compute from records the costs of work done attributable to the premises on which the building is situated. The director code official shall then cause notice of said cost to be given in the manner specified herein for the giving of notice to secure, which notice shall specify the day, hour, and place when the hearing before the Administrative Hearing Officer concerning the cost of securing together with any objection or protests, if any, which may be raised by any person liable to be assessed for the cost of such securing.
Any other interested person may be heard.
15. 24.100 Appeal of cost of securing
A
ny person entitled to appeal the cost of securing by the City may appeal the cost by requesting an Administrative Hearing pursuant to Stockton Municipal Code, Title 1, Chapter 1.44.
15. 24.110 Report—Contents—Filing.
In the event that the securing of such buildings is done by the City, the City Manager or designated agent shall prepare and file a report specifying the work which has been done, its cost, a description of the building on which the work was done, a description of the real property upon which the work was done and the assessment against each lot, parcel or premises of land to be levied to pay the costs thereof. Any such report may include work done on any number of parcels whether contiguous to each other or not.
15. 24.120 Assessment of costs—Time for payment—Failure to pay lien.
The costs of the securing of said buildings may be assessed by the Administrative Hearing Officer against the parcel of property upon which such work was done, and such 1 7
costs so assessed, if not paid within five (5) days after its confirmation by the Administrative Hearing Officer, shall constitute a special assessment against that parcel of property and shall be a lien on the property for the amount thereof, which lien s hall continue until the assessment, and all interest thereon is paid, or until it is discharged off record.
15. 24.130 Cost of securing to constitute special assessment.
Five (5) days after confirmation of said report, a copy shall be turned over to the Assessor and the Tax Collector of the City, whereupon it shall be the duty of said officer to add the amounts of the respective unpaid assessments to the next re gular bills for taxes levied against the said respective lots and parcels of land for municipal purposes.
Thereafter, said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency, as provided for ordinary municipal taxes.
15. 24.140 Cancellation or refund of special assessment.
All or any portion of the special assessment herein mentioned shall be canceled, or if collected, be refunded by the Director of Finance pursuant to such procedures as may be adopted from time to time by resolution of the City Council, and subject to any limitations which may be imposed by any such resolution.
15. 24.150 Right of entry.
It is unlawful for any person, owner, agent, lessee, or person having charge or control of an unsecured building to refuse to allow representatives of the City to enter upon any property between 6:00 a.m. and 8:00 6:00 p.m. where any public nuisance as defined in Stockton Municipal Code, Section 15.24.050 hereof is reasonably believed to exist, for the purpose of inspection, and where such nuisance exists, for the purpose of securing same as provided in Stockton Municipal Code, Section 15.32., af ter notice has been given in accordance with Stockton Municipal Code, Title 1, Chapter 1.24, or Chapter
1.28, or Chapter 1.32, or to interfere with said representatives of the City in any manner whatsoever in the securing of said nuisances. If the section or any portion thereof is held to be invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of Stockton Municipal Code, Sections 15.24.050 through 15.24. 140.
15. 24.160 Repayment of repair and demolition fund
A
ll money recovered by payment of the charge, or assessment, or from the sale of the property at foreclosure sale, shall be paid to the treasurer of this jurisdiction, who shall credit the same to the repair and demolition fund.
SECTION IV. AMENDMENT OF CODE
1 8
T
itle 15, Chapter 15.04, Administrative Provisions for Construction Codes, Article II, Organization and Enforcement, is hereby adopted and amended and shall be read as follows:
1 5.04.140 Building Board of Appeals.
A. I
n order to hear and decide appeals of orders, decisions or determinations made by the building official and/or fire code official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure.
E
xception: Pursuant to the California Historical Building Code, Title 24, this Chapter does not pertain to structures and premises which are designated as qualified historical buildings or properties.
B. N
otwithstanding any other provisions of this code, this article shall govern the organization and administration of the Building Board of Appeals.
15. 04.150 Definitions.
U
nless the context otherwise requires, the article set forth in this chapter govern the construction of this article.
"B
oard" means the Building Board of Appeals.
“
Building Code Official” means the officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. "
Code" means Stockton Municipal Code Title 15, and any adopted provisions of the California Building Code, California Fire Code, International Property Maintenance Code, California Existing Building Code, International Swimming Pool and Spa Code, California Green Building Standards Code, California Energy Code, California Plumbing Code, California Mechanical Code, California Electric Code, and any other code or regulation hereinafter adopted by the City in furtherance of the provisions hereof. “
Fire Code Official” means the fire chief or other designated authority charged with the administration and enforcement of the Fire Code, or a duly authorized representative. "
Member" means a member of the Building Board of Appeals.
15. 04.160 Organization and membership.
A. T
he Building Board of Appeals shall be comprised of five members, of which 1 9
one will be a resident of the lay community, appointed by the Mayor with the advice and consent of the City Council. The Mayor with the advice and consent of the City Council may also appoint two alternate members to the Board. The Deputy Director of the Community Development Department/Building and Safety Division shall serve as ex officio secretary of the Board but shall not vote. The members of the Board shall be qualified by experience and training to pass on matters pertaining to building construction, hazards of fire, or fire protection systems, and shall not be employees of the City of Stockton.
B. T
he term of office for each member shall be four years. Vacancies occurring during a term shall be filled for the unexpired period of the term by the Mayor with the approval of the City Council. Terms shall be staggered to provide continuity.
A member shall be removed from the Board prior to the end of their terms only for cause. Any member with continued absence from regular meeting of the Board may be removed at the discretion of the chief appointing authority consistent with Council Policy 3.03 Attendance Policy for Appointees. A member may remove themselves from the Board without cause. Upon removal from the Board, an alternate member may be appointed by the chief appointing authority to replace the removed member.
C. B
oard members shall be residents of San Joaquin County at the time of application for appointment and continuously thereafter. Failure to reside within the County shall result in automatic forfeiture of the appointment. Written notice of any change of residence shall immediately be filed with the City Clerk. Any unexpired term shall be filled as provided herein.
D. A
member shall be neither an elected officer nor an employee of the City, but shall not be disqualified by membership on, or employment by, any other Board, commission, agency or authority of, or created by or for the City.
E. N
o member shall knowingly acquire any interest in any property which is the subject of any action or appeal before the Board. A member having any interest in property which is the subject of an action or appeal before the Board shall make immediate disclosure of the fact of an interest to the Board, and the member shall be disqualified from all deliberations by the Board relating to that property.
F. T
he Board shall elect a chairperson from among its members. The term of office of the chairperson shall be for the calendar year or its balance should they be elected to fill a vacancy. The time, place, and frequency of its meetings shall be fixed by the Board.
G. A
majority of the total number of members appointed to the Board, excluding alternates, shall constitute a quorum at any regular or special meeting of the Board. The chairperson of the Board is authorized to fill a vacant seat of an absent member of the Board with an alternate member, only at the 2 0
commencement of a hearing of the appeal, and the alternate member shall then hear the entirety of the appeal upon being seated on the Board.
H. T
he minimum number of concurring votes required to transact business or decide any matter before the Board shall be a majority of the total authorized membership of the Board excluding alternates. The petition, appeal, request, or other matter shall be deemed denied absent the required number of votes.
I. C
ompensation of members shall be determined by law or as established by resolution of the City Council from time to time.
J. T
he City shall furnish to the Board adequate secretarial, executive, and legal assistance, meeting space, and upon the Board's request, make available service and advice of the administrative departments.
15. 04.170 Powers and duties.
T
he Board's function is:
A. T
o hear appeals of decisions or determinations made by the building code official or fire code official relative to the application and interpretation of this code and from aggrieved parties relative to the application of the California Code of Regulations, Title 24, and other related Codes and regulations as adopted by the City.
N
otwithstanding any other provisions of this code, the Board, whenever there are practical difficulties involved in carrying out the provisions of the above- mentioned model codes or related regulations of the City, may grant modifications for individual cases, provided it shall first find that a special individual reason makes compliance with the strict letter of these codes and regulations impractical and that the modification is in conformity with their intent and purpose. The Board shall not have authority to waive the requirements of this code or interpret the administration of this code.
B. C
onduct of Appeals.
1. T
he Board shall exercise its powers in such a manner that substantial justice is done most nearly in accord with the intent and purpose of this code, the California Code of Regulations, Title 24, and related regulations of the City of Stockton to provide relief where possible to aggrieved parties which is consistent with the security of the public welfare.
2. T
he Board shall adopt rules of procedure for the conduct of appeals, make provisions for adequate notice of hearing to all parties, provide for public hearing of all appeals to be commenced not less than 10 nor more 2 1
than 45 days from the date of filing of the petition for appeal, record minutes of all its proceedings, and provide copies of such minutes for inspection as a public record.
3. T
he Board shall hear appeals as soon as is possible in those cases where the enforcing officer has acted under the emergency provisions of Section 15.04.120(I) of this code.
C. P
rocedure on Petition for Hearing of Appeals.
1. U
pon filing of the petition, the Secretary shall set the matter on the agenda for consideration by the Board.
2. N
otice in writing of not less than seven days shall be given the applicant or petitioner specifying the time and place of the hearing. In an emergency situation, notice shall be given as soon as possible before the date of the hearing.
3. A
t the hearing, the petitioner shall be given an opportunity to be heard and present witnesses and any other evidence to support the petitioner's request.
4. A
ny notice which is not appealed within 10 days of the date of service shall automatically become an order and a permit suspended by a notice not appealed within 10 days of service is deemed revoked.
5. I
f the Board sustains or modifies a notice, determination, or action which has been appealed, a notice shall become an order and any other determination or action shall be final.
D. De
cisions.
1. N
o later than 30 days after hearing, the Board shall formally report its findings of fact and, together with the reasons, its decision in writing. The Board may sustain, modify, withdraw, or reverse any notice, determination, decision, or action which has been appealed.
2. T
he findings shall order the petition or application either granted or denied and specify any conditions of limitations imposed.
3. A
copy of the findings and decisions shall be forwarded to the petitioner or the petitioner's representative at the address shown upon the petition on file within 30 days of the issuance of the findings.
E. A
copy of the report shall be forwarded to the administrative office whose decision has been appealed.
2 2
F. T
he Board shall file the original of its findings in its permanent records.
G. T
he findings and decisions of the Board upon an appeal shall be final and conclusive, but nothing in this code shall be construed to deprive any person of recourse to the courts as such person may be entitled to under the law.
15. 04.180 Right of appeal.
A
ny person aggrieved by any notice or administrative decision concerning the decisions or determinations made by the building code official and/or fire code official relative to the application and interpretation of this code and the use of alternative building materials may request a hearing on the matter before the Building Board of Appeals by filing in the office of the Community Development Department a written petition setting forth a brief statement of the grounds of protest within 10 days from the date the notice was served or the decision, determination, or order was rendered. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. Upon receipt of the petition, the Building Official shall forward the petition forthwith to the Board who shall set a time and place for the hearing giving the petitioner notice thereof by mail of not less than seven days. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why such notice, order, decision, or determination shall be modified or withdrawn. The hearing shall be commenced not less than 10 or more than 45 days from the date the petition is filed.
ART
ICLE III Accessibility Access Board of Appeals
15. 04.200 Accessibility Board of Appeals.
Th
e Accessibility Board of Appeals is hereby created pursuant to Health and Safety Code Section 19957.5 to hear written appeals brought by any person regarding action taken by the Building Division of the Community Development Department of the City in enforcing the requirements of Part 5.5 (commencing with Section 19955) of Division 13 of the Health and Safety Code requiring access to public accommodations by physically disabled persons, including the exceptions contained in Section 19957.
15. 04.210 Definitions.
F
or purposes of this article, the following words and phrases are defined:
"Board" means the Accessibility Board of Appeals.
"
Building Official" means the Director of Community Development, or the Deputy Director in charge of the Building and Safety Division, or a duly authorized 2 3
representative.
"
Member" means a member of the Accessibility Board of Appeals.
15. 04.220 Organization and membership.
A. T
he Accessibility Board of Appeals shall be comprised of five members appointed by the Mayor with the advice and consent of the City Council. The Deputy Director of Community Development/ Building Division shall serve as ex officio secretary to the Board.
1. T
wo members shall be disabled persons suffering from an orthopedic or physical disability which impairs their personal mobility to such an extent that they require special facilities for access to public accommodations.
2. Two members shall be members of the Building Board of Appeals experienced in construction, i.e., those members appointed pursuant to Section 15.04.160.
3. One member shall be a public member selected from the community at large.
B. The term of office for each member shall be four years. Vacancies occurring during a t
erm shall be filled for the unexpired period of the term by the appointing authority.
Terms shall be staggered to provide continuity.
M
embers shall serve at the pleasure of the City Council and may be removed from office without cause upon an affirmative vote of the City Council. A member shall be removed from the Board prior to the end of their terms only for cause. Any member with continued absence from regular meeting of the Board may be removed at the discretion of the chief appointing authority consistent with Council Policy 3.03 Attendance Policy for Appointees. A member may remove themselves from the Board without cause. Upon removal from the Board, an alternate member may be appointed by the chief appointing authority to replace the removed member.
I
n the event membership on the Building Board of Appeals of a member appointed under subsection (A)(2) of this section terminates for any reason, membership on the Accessibility Board of Appeals shall automatically terminate and another member of the Building Board of Appeals shall immediately be appointed to fill such unexpired term.
C. Board members shall be residents of S an Joaquin County at the time of application for appointment and continuously thereafter. Failure to reside within the County shall result in automatic forfeiture of the appointment. Written notice of any change of residence shall immediately be filed with the City Clerk. Any unexpired term shall be filled as provided herein.
D. A member shall be neither an elected officer nor an employee of the City, but shall not
be disqualified by membership on or employment by any other board, commission, agency or authority of or created by or for the City. 2 4
E. No member shall knowingly acquire any interest in any property which is the subject of
any action or appeal before the Board. A member having any interest in such property shall make immediate disclosure of the fact of an interest to the Board, and shall be disqualified from all deliberations by the Board relating to that property.
F. The Board shall elect a chairperson from among its members. The term of office of t
he chairperson shall be for the calendar year or its balance should they be elected to fill a vacancy. The time, place and frequency of its meetings shall be fixed by the Board.
G. Three members of the Board including at least one disabled m ember shall constitute a quorum at any regular or special meeting of the Board.
H. The minimum number of concurring votes required to transact business or decide any
matter before the Board shall be a majority of the total authorized membership of the Board. The petition, appeal, request or other matter shall be deemed denied absent the required number of votes.
I. Compensation of the members shall be determined by law or as es tablished by resolution of the City Council from time to time.
J. The City shall furnish to the Board adequate secretarial, an d executive, and legal assistance and meeting space and, upon the Board's request, make available services and advice of various administrative departments.
S
ECTION V AMENDMENT OF CODE
T
itle 15, Chapter 15.12, Fire Code is hereby amended and shall read as follows:
1 5.12.010 Adoption of California Fire Code.
O
n January 1, 2023, there was filed in the office of the City Clerk one copy of the California Fire Code, 2022 Edition including Appendix B, BB, C, CC, D, E, F, G, H, I, J, K, L, M, N, O, P (see California Fire Code Section 101.2.1, 2022 Edition), as published by the International Code Council. Said code is hereby adopted and incorporated in this code by reference, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions, and terms of said Fire Code on file in the office of the City of Stockton and hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions, and changes, if any, prescribed in this chapter.
2 5
SECTION VI. AMENDMENT OF CODE
T
itle 15, Chapter 15.64.010 is hereby amended and shall read as follows:
15. 64.010 Adoption of the International Swimming Pool and Spa Code.
O
n January 1, 2023, there were filed in the office of the City Clerk, one copy of the International Swimming Pool and Spa Code, 2021 Edition excluding Appendix A, as published by the International Code Council. Said code is hereby incorporated in this code by reference.
S
ECTION VII. AMENDMENT OF CODE
T
itle 15, Chapter 15.68 Building Security Regulations is hereby repealed as follows:
S
ECTION VIII. AMENDMENT OF CODE
T
itle 1, Chapter 1.32, Administrative Citations is hereby amended and shall be read as follows:
1. 32.040 Appeal of Administrative Citation.
A
n appeal from the issuance of an administrative citation shall follow the procedures set forth in Chapter 1.44 or Chapter 15.04, as may be applicable..
SECTION IX. AMENDMENT OF CODE
T
itle 15, Chapter 15.32 is hereby amended and shall be read as follows:
15. 32.090 Appeals
A
ny person aggrieved by any of the requirements of this chapter may appeal, in accordance with the provisions of Section . 1.44 or Chapter 15.04, as may be applicable.
S
ECTION X. 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 affec t 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 thereof irrespective of the fact 2 6
that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
SECTION XI. EFFECTIVE DATE
This ordinance shall be in full force and take effect 30 days after its passage.
ADOPTED: ______________
EFFECTIVE: _____________
_ ______________________
CHRI STINA FUGAZI
M ayor of the City of Stockton
ATTEST:
_________________________
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton