Ten documents, each of which is on file in city offices, marked and designated as: (1) the 2022 Edition of the
California Building Code (Volumes 1 and 2) (Part 2 of Title 24 of the
California Code of Regulations); (2) the 2022 Edition of the California Residential Code (Part 2.5 of Title 24 of the
California Code of Regulations); (3) the 2022 Edition of the California Electrical Code (Part 3 of Title 24 of the
California Code of Regulations); (4) the 2022 Edition of the California Mechanical Code (Part 4 of Title 24 of the
California Code of Regulations); (5) the 2022 Edition of the California Plumbing Code (Part 5 of Title 24 of the
California Code of Regulations); (6) the 2022 Edition of the
California Energy Code (Part 6 of Title 24 of the
California Code of Regulations); (7) the 2022 Edition of the California Historical Building Code (Part 8 of the
California Code of Regulations); (8) the 2022 Edition of the California Existing Building Code (Part 10 of Title 24 of the
California Code of Regulations); (9) the 2022 Edition of the California Green Building Standards Code (Part 11 of Title 24 of the
California Code of Regulations); and (10) the 2021 Edition of the International Property Maintenance Code are hereby adopted, including chapters and sections of the 2021 International Building Code, 2021 International Residential Code, 2021 Uniform Mechanical Code, 2021 Uniform Plumbing Code, and 2020 National Electrical Code not adopted by agencies of the state of California, and including appendices thereto, as the Building Construction Regulations of the city of Solvang. The provisions of such as hereby referred to, adopted, and made a part hereof as if fully set out in this chapter except as modified in section
10-1-4 of this chapter.
In addition to any other requirements of this chapter, the following
requirements also apply:
A. For projects
covered by the California Green Building Standards Code, 24
CCR, Part
11, the applicants must, as a condition of the city's permit approval,
comply with the following:
1. Where
five or more multifamily dwelling units are constructed on a building
site, provide readily accessible areas that serve occupants of all
buildings on the site and are identified for the storage and collection
of blue container and green container materials, consistent with the
collection program offered by the city, or comply with provision of
adequate space for recycling for multifamily and commercial premises
pursuant to sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the
California Green Building Standards Code, 24
CCR, Part 11 as amended
July 1, 2019 and effective January 1, 2020.
2. Where
new commercial construction or additions will result in more than
30% of the floor area, provide readily accessible areas identified
for the storage and collection of blue container and green container
materials, consistent with the collection program offered by the city,
or shall comply with provision of adequate space for recycling for
multifamily and commercial premises pursuant to sections 4.408.1,
4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards
Code, 24
CCR, Part 11 as amended July 1, 2019 and effective January
1, 2020.
B. For organic
waste commingled with construction and demolition debris, the requirements
of 24
CCR sections 4.408.1 and 5.408.1, as amended July 1, 2019 and
effective January 1, 2020 shall be complied with.
(Ord. 19-0343 § 1; Ord. 21-0353 § 2; Ord. 22-0360 § 1)
The building official is hereby designated as the building official
and building code official for the city of Solvang. Where the "authority
having jurisdiction" is used in the adopted codes, it shall mean the
building official. The building official shall be appointed by the
city manager. The building official shall have the following duties:
A. The building
official shall receive applications, review construction documents
and issue permits for the erection, and alteration, demolition and
moving of buildings and structures, inspect the premises for which
such permits have been issued and enforce compliance with the provisions
of this code.
B. Any other
such duty as determined by the city manager or the city manager's
designee.
(Ord. 19-0343 § 1; Ord. 22-0355 § 9; Ord. 22-0360 § 1)
Where other codes and standards are referred to in the codes adopted in section
10-1-1 of this chapter, the following shall apply:
B. International
Plumbing Code. The California Plumbing Code.
C. International
Fuel Gas Code. The California Plumbing Code.
D. International
Mechanical Code. The California Mechanical Code.
E. NFPA 70
and National Electrical Code. The California Electrical Code.
F. International
Residential Code for One-Family and Two-Family Dwellings. The California
Residential Code.
G. International
Fire Code. The California Fire Code.
H. International
Existing Building Code. The California Existing Building Code.
I. International
Zoning Code. The applicable provisions of title 11 of this code.
(Ord. 19-0343 § 1; Ord. 22-0360 § 1)
The
California Building Code, all sections of the 2021 International Building Code that were not adopted by agencies of the State of California, and associated appendices adopted in section
10-1-1 of the city code are modified, amended and/or supplemented as follows:
A. Amend
section 101.1 to read as follows:
101.1. Title. These regulations shall be known
as the Building Code of the City of Solvang, hereinafter referred
to as "this code."
B. Amend
section 101.4 to read as follows:
101.4 Referenced Codes. The other codes listed
in Sections 101.4.1 through 101.4.8 and referenced elsewhere in this
code shall be considered part of the requirements of this code to
the prescribed extent of each reference.
C. Section
101.4.8 is hereby added and reads as follows:
101.4.8 Electrical. The provisions of the California
Electrical Code shall apply to the installation of electrical systems,
including alterations, repairs, and replacement of electrical equipment,
appliances, fixtures, fittings, and appurtenances thereto.
D. Amend
section 103.1 to read as follows:
103.1 Creation of Enforcement Agency. The Building
Division is hereby created and the official in charge thereof shall
be known as the building official.
E. Section
104.3.1 is hereby added to section 104.3 and reads as follows:
104.3.1 Citations. The building official, or duly
authorized agent, is granted the authority as provided in Section
836.5(a) of the California
Penal Code to issue citations for violations
of this chapter.
F. Amend
only the building exemptions in section 105.2 to read as follows,
and all other provisions in section 105.2 shall remain the same:
105.2 Work Exempt from Permit. Exemptions from
permit requirements of this code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions
of this code or any other laws or ordinances of this jurisdiction.
Permits shall not be required for the following:
Building:
1. One-story
detached accessory structures used as tool and storage shed, playhouses
and similar uses, provided the floor area is not greater than 120
square feet (11 m2) with no plumbing, mechanical
or electrical and 12′ max height.
2. Fences
not over 6 feet (1,829 mm) high.
4. Retaining
walls and non-retaining walls, including masonry and concrete free-standing
walls, that are not over 4 feet (1,219 mm) in height measured from
the bottom of the footing to the top of the wall, unless supporting
a surcharge or impounding Class I, II, or IIIA liquids.
5. Water
tanks supported directly on grade if the capacity is not greater than
5,000 gallons (18,927 L) and the ratio of height to diameter or width
is not greater than 2:1.
6. Sidewalks
and driveways not more than 30 inches (762 mm) above adjacent grade,
and not over any basement or story below and are not part of an accessible
route.
7. Painting,
papering, tiling, carpeting, cabinets, countertops, similar finish
work.
8. Temporary
motion picture, television, theater stage sets, and scenery.
9. Prefabricated
swimming pools accessory to a Group R-3 occupancy that are less than
24 inches (610 mm) deep, are not greater than 5,000 gallons (18,927
L) and are installed entirely above ground.
10. Shade
cloth structures constructed for nursery or agricultural purposes,
not including service systems.
11. Swings
and other playground equipment accessory to detached one-family and
two-family dwellings.
12. Window
awnings in Group R-3 and U occupancies, supported by an exterior wall
that do not project more than 54 inches (1,372 mm) from the exterior
wall and do not require additional support.
13. Non-fixed
and movable fixtures, cases, racks, counters, and partitions not over
5 feet 9 inches in height.
G. Section
105.4.1 is hereby added and reads as follows:
105.4.1 Issuance. All work authorized by a building
permit for other than R-3 or U occupancies shall be issued to an appropriate
contractor licensed in accordance with the provision of the California
State Law.
H. Section
109.4.1 is hereby added and reads as follows:
109.4.1 Investigation. Whenever any work for which
a permit is required by this code has been commenced without first
obtaining said permit, a special investigation shall be made before
a permit may be issued for such work.
I. Amend
section 110.3.6 to delete the exception and read as follows:
110.3.6 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum product inspections shall be made
after lathing, gypsum board and gypsum panel products, interior and
exterior, are in place, but before any plastering is applied or gypsum
board and gypsum panel product joints and fasteners are taped and
finished.
J. Amend
section 113.1 to read as follows:
113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of
California Building Standards Code and the International Property Maintenance Code, there shall be and is hereby created a Board of Appeals. Said Board shall also serve as the Housing Appeals Board and the Local Appeals Board referenced in the
California Building Standards Code. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The Solvang City Council is expressly declared to be the Board of Appeals and shall have all of the power and authority conferred upon a local appeals board under the
Health and Safety Code and shall follow the appeal procedures in Title
1, Chapter
6 of the Solvang Municipal Code. The order of the City Council upon such appeal shall be final and immediate. The fee for appeals shall be consistent with fees established by the applicable governing authority.
K. Amend
section 113.2 to read as follows:
113.2 Limitations on Authority. An application
for appeal shall be based on a claim that the true intent of the California
Building Standards Code or the rules legally adopted hereunder have
been incorrectly interpreted, the provisions of the California Building
Standards Code do not fully apply or an equally good or better form
or construction is proposed. The board shall have no authority to
waive requirements of the adopted codes. For appeals relating to accommodations
for the disabled, the authority of the board shall include the ability
to authorize reasonable alternatives to disabled access requirements
imposed by the
California Building Standards Code. Decisions of the
board of appeals shall be final and only subject to review by writ
of mandate to the superior court.
L. Amend
section 114.4 to read as follows:
114.4 Violation Penalties. Any person who violates
a provision of this code or fails to comply with any of the requirements
thereof or who erects, constructs, alters, or repairs a building or
structure in violation of the approved construction documents or directive
of the building official, or of a permit or certificate issued under
the provisions of this code and from which no appeal has been taken,
or who shall fail to comply, with such an order subject to penalties
as prescribed by law. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue. All such
persons shall be required to correct or remedy such violations or
defects within a reasonable time and, when not otherwise specified,
each day that prohibited conditions are maintained shall constitute
a separate offense. The application of the above penalty shall not
be held to prevent the enforced removal of prohibited conditions.
M. Section
114.4.1 is hereby added and reads as follows:
114.4.1 Costs of abatement; tax lien. Any person,
whether as principal, agent, employee, or otherwise, who maintains
any premises in violation of any provision of this code, the municipal
code, other adopted California codes, or the state housing law shall
be liable for and obligated to pay to the city all costs incurred
by the city in obtaining abatement action, whether such action is
administrative, injunctive, or legal, and for all damages suffered
by the city, its agents, officers, and employees as a result of such
violation or efforts to abate the violation.
If the owner of the property involved in such abatement or compliance
action fails to pay for the costs of such abatement or compliance
action upon demand by the city, the city council by resolution may
order the cost of the abatement to be specially assessed against the
parcel. Such assessment shall be collected at the same time and in
the same manner as ordinary property taxes are collected and shall
be subject to the same penalties and the same procedure and the same
procedure and sale in case of the delinquency as are provided for
ordinary property taxes.
N. Section
114.4.2 is hereby added and reads as follows:
114.4.2 Recording Noncompliance with County Recorder. When the building official determines that work has been done without
the required permits, or has not been completed in accordance with
the requirements of this building code, or other provision of the
municipal code, the state housing laws, or any other code adopted
herein, the building official may cause a notice of noncompliance
to be recorded with the county recorder and shall notify the owner
of the property of such action. The notice of noncompliance shall
describe the property, shall set forth the noncomplying conditions,
and shall state that the owner of such property has been duly notified.
The building official shall record a notice of release of the notice
of noncompliance with the county recorder when it has been determined
by the building official that the noncomplying conditions have been
corrected.
O. Amend
section 115.4 to read as follows:
115.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties and code enforcement procedures set forth in Title
1, Chapter
3, of the Solvang Municipal Code.
P. Amend
section 116.1 to read as follows:
116.1 Conditions. Structures or existing equipment
that are or hereafter become unsafe, unsanitary, or deficient because
of inadequate means of egress facilities, inadequate light and ventilation,
or which constitute a fire hazard, or are otherwise dangerous to human
maintenance, shall be deemed an unsafe condition. Unsafe structures
shall be taken down and removed or made safe, as the building official
deems necessary and as provided for in this section and the 2021 edition
of the International Property Maintenance Code, as adopted. A vacant
structure that is not secured against entry shall be deemed unsafe.
Q. Amend
section 903.2 and exception to read as follows:
903.2 Where Required. An approved automatic fire
sprinkler system shall be provided in a new building, and in an existing
building where floor area is increased, as provided in Sections 903.2.1
through 903.2.12 of this code and Section 903.7.1 of California Fire
Code as adopted by the County of Santa Barbara.
Exception: A building containing a Group R, Division
3 occupancy not more than three stories above grade plane in height
shall comply with the automatic fire sprinkler system requirements
of Section R313 of the California Residential Code.
R. Section
1505.1.4, exception and table 1505.1.4 are hereby added and read as
follows:
1505.1.4 Roofs in Commercial Areas. All roofs on
all commercial buildings located in any area zoned commercial in the
city shall be constructed of roofing materials rated as a Class A
roof assembly. This section shall apply to any new commercial buildings
built in an area zoned commercial in the city and to the replacement
of any existing roofing materials on any commercial building in an
area zoned commercial in the city. No owner of building, however,
shall be required solely by virtue of this section to replace any
roofing material.
Exception: The exclusive list of commercial buildings
listed in Table 1505.1.4 having wooden roofs with rolled eaves and
shingles with clipped ends, provided that all of the following provisions
are satisfied:
1. The
roofing material to be used is determined by the design review committee
review to be compatible with the roofing materials being replaced
and with the Danish theme of the commercial areas of the city.
2. An underlayment
of one-half inch (72″) type X gypsum board or comparable material
approved by the building official be placed under the solid or spaced
sheathing:
3. Attic
and occupancy fire area separations are provided as required by this
code:
4. Automatic
fire sprinklers and/or types of automatic fire extinguishing systems
are installed, if in the opinion of the building official such systems
are necessary to minimize any additional fire hazards;
5. The
wood roofing materials used are fire-retardant treated and listed
by the State Fire Marshal to comply with Section 1505.6; and
6. The
owner agrees to execute an agreement acceptable to the city attorney
obligating the owner to maintain the effectiveness of any treatment
of any roofing material installed pursuant to this section as required
by the service conditions encountered in actual use. Such agreement
shall also provide that the method of retreatment and the frequency
of retreatment are satisfactory to the building official.
Table 1505.1.4
Buildings Exempt from Class A Roof Assembly
|
---|
Address
|
Assessor's Parcel No.
|
---|
438 Alisal Road
|
139-240-084
|
444 Alisal Road
|
139-240-071
|
473 Alisal Road
|
139-182-022
|
1651 Copenhagen Drive
|
139-181-012
|
1677 Copenhagen Drive
|
139-182-013
|
1688 Copenhagen Drive
|
139-193-023
|
1692 Copenhagen Drive
|
139-193-022
|
1697 Copenhagen Drive
|
139-182-021
|
1440 Mission Drive
|
139-590-001
|
1529 Mission Drive
|
139-132-017
|
1557 Mission Drive
|
139-132-023
|
1595 Mission Drive
|
139-133-016
|
1711 Mission Drive
|
139-150-023
|
S. Section
1506.4 and exception are hereby added and read as follows:
1506.4 Wood Shake and Shingle Roof Covering Limitations. Wood shake or shingle roof coverings shall not be installed on any
building. A roof covering shall not be applied over existing wood
shakes or shingles.
Exception:
1. A wood
shake or wood shingle system listed as a Class A-rated roof covering.
2. Roof
covering for an addition to, or the reroofing of an existing building
where the new roof covering area is less than 750 square feet of the
existing roof area may be an approved Class B pressure treated wood
shingle system.
T. Amend
section 3201.1 to read as follows:
3201.1 Scope. The provisions of this chapter and Section
8-3-3 of the Solvang Municipal Code shall govern encroachment of structures into the public right-of-way.
U. Amend
appendix section G104.1 to read as follows:
G104.1 Permit Application and Processing. Any person,
owner, or owner's authorized agent who intends to conduct any development
in a flood hazard area shall first make application to the building
official and shall obtain the required permit. The processing and
administration of a permit application shall be as prescribed in Sections
105 and 107.
V. Add section
J101.3 to read as follows:
J101.3 Administration. This appendix chapter shall
be administered by the city engineer. References to building official
shall mean city engineer.
W. Amend
appendix section J103.2 to read as follows:
J103.2 Exempted Work. A grading permit shall not
be required for the following:
1. Grading
in an isolated, self-contained area, provided there is no danger to
the public, and that such grading will not adversely affect adjoining
properties.
2. Excavation
for construction of a structure permitted under this code.
4. Refuse
disposal sites controlled by other regulations.
5. Excavations
for wells, or trenches for utilities.
6. Mining,
quarrying, excavating, processing, or stockpiling of rock, sand, gravel,
aggregate, or clay controlled by other regulations, provided such
operations do not affect the lateral support of, or significantly
increase stresses in, soil on adjoining properties.
7. Exploratory
excavations performed under the direction of a registered design professional.
8. An excavation
which does not exceed fifty cubic yards and: (1) is less than 2 feet
(610 mm) in depth; or (2) does not create a cut slope greater than
5 feet (1,524 mm) in height and steeper than 1 unit vertical to 2
units horizontal.
9. A fill
less than 1 foot (305 mm) in depth and placed on natural terrain with
a slope flatter than 1 unit vertical to 5 units horizontal, not intended
to support structures, on any one lot and does not obstruct a drainage
course.
10. A
fill less than 3 feet (914.4 mm) in depth and placed on natural terrain
with a slope flatter than 1 unit vertical to 5 units horizontal, not
intended to support structures, that does not exceed 50 cubic yards
(38.3 m3) on any one lot and does not obstruct
a drainage course.
Exemption from the permit requirements of this appendix shall
not be deemed to grant authorization for any work to be done in any
manner in violation of the provisions of this code or any other laws
or ordinances of this jurisdiction.
|
X. Appendix
section J103.3 is hereby added and reads as follows:
J103.3 Early Grading. A grading permit shall not
be issued prior to issuance of a building permit for the project unless:
1. A tentative
subdivision or tract map, use permit, architectural review commission
project approval or similar authorization has been granted; and
2. Related
street and utility grades have been established and approved; and
3. A surety
bond in accordance with Section J103.4 is deposited to guarantee restoration
of the site to a natural or other condition acceptable to the building
official should the project not proceed to completion.
Y. Section
J103.4 is hereby added and reads as follows:
J103.4 Bonds. The building official may require
bonds in such form and amounts as may be deemed necessary to ensure
that the work, if not completed in accordance with the approved plans
and specifications, will be corrected to eliminate hazardous conditions
or restore a graded site to the original condition. In lieu of a surety
bond, the applicant may file a cash bond or instrument of credit with
the building official in an amount equal to that which would be required
in the surety bond.
The city engineer may require that bonds be posted to recover
the full costs of any damage to public right-of-way which may occur
because of the peculiar nature or large scope of the project, such
as transportation of fill heavy equipment on local streets not designed
to accommodate the traffic.
Z. Amend
appendix section J104.2 to read as follows:
J104.2 Site Plan Requirements. In addition to the
provisions of Section 107, a grading plan shall show the existing
grade and finished grade in contour intervals of sufficient clarity
to indicate the nature and extent of the work and show in detail that
it complies with requirements of this code. The plans shall show the
existing grade on adjoining properties in sufficient detail to identify
how grade changes will conform to the requirements of this code. The
plans shall show existing drainage conditions and drainage devices
and all proposed changes thereto. The plans shall include the location
and dimension of all trees on the site to remain and to be removed
which are 3 inches (76.2 mm) in diameter or larger at the trunk, measured
at 4.5 feet (1.37 m) above ground level. A preservation plan shall
be submitted for all trees to remain. The plans shall indicate where
excess material, rocks, or rubble will be disposed of.
AA. Appendix
section J110.3 is hereby added and reads as follows:
J110.3 Other Standards. Erosion control measures
shall conform to the following standards and approval processes:
1. The
City's Stormwater Management Plan.
2. The
most current "Erosion and Sediment Control Field Manual" published
by the California Regional Water Quality Control Board, San Francisco
Bay Region.
3. NPDES
permit requirements.
4. The
2022 California Green Building Standards Code.
(Ord. 19-0343 § 1; Ord. 21-0347 § 4; Ord. 22-0355 § 10; Ord. 22-0360 § 1)
The California Residential Code, all sections of the 2021 International Residential Code that were not adopted by agencies of the State of California, and associated appendices adopted in section
10-1-1 of the city code are modified, amended and/or supplemented as follows:
A. Amend
section R101.1 to read as follows:
R101.1 Title. These provisions shall be known as
the California Residential Code and shall be cited as such and shall
be referred to herein as "this code."
B. Amend
section R103.1 to read as follows:
R103.1 Creation of Enforcement Agency. The Building
Division is hereby created and the official in charge thereof shall
be known as the building official.
C. Section
R104.3.1 is hereby added and reads as follows:
R104.3.1 Citations. The building official, or duly
authorized agent, is granted the authority as provided in Section
836.5(a) of the California
Penal Code to issue citations for violations
of this chapter.
D. Amend
section R105.2 to read as follows:
R105.2 Work Exempt from Permit. Permits shall not
be required for the following. Exemption from permit requirements
of this code shall not be deemed to grant authorization for any work
to be done in any manner in violation of the provisions of this code
or any other laws or ordinances of this jurisdiction.
1. One-story
detached accessory structures used as tool and storage shed, playhouses
and similar uses, provided the floor area is not greater than 120
square feet (11 m*) with no plumbing, mechanical or electrical and
12′ max height.
2. Fences
not over 6 feet (1,829 mm) high.
3. Retaining
walls and non-retaining walls, including masonry and concrete free-standing
walls, that are not over 4 feet (1,219 mm) in height measured from
the bottom of the footing to the top of the wall, unless supporting
a surcharge or impounding Class I, II, or IIIA liquids.
4. Water
tanks supported directly on grade if the capacity is not greater than
5,000 gallons (18,927 L) and the ratio of height to diameter or width
is not greater than 2:1.
5. Sidewalks
and driveways not more than 30 inches (762 mm) above adjacent grade,
and not over any basement or story below and are not part of an accessible
route.
6. Painting,
papering, tiling, carpeting, cabinets, countertops, similar finish
work.
7. Prefabricated
swimming pools accessory to a Group R-3 occupancy that are less than
24 inches (610 mm) deep, are not greater than 5,000 gallons (18,927
L) and are installed entirely above ground.
8. Swings
and other playground equipment accessory to detached one-family and
two-family dwellings.
9. Window
awnings in Group R-3 and U occupancies, supported by an exterior wall
that do not project more than 54 inches (1,372 mm) from the exterior
wall and do not require additional support.
10. Non-fixed
and movable fixtures, cases, racks, counters, and partitions not over
5 feet 9 inches in height.
E. Section
R108.6.1 shall hereby be added and read as follows:
R108.6.1 Investigation. Whenever any work for which
a permit is required by this code has been commenced without first
obtaining said permit, a special investigation shall be made before
a permit may be issued for such work.
F. Amend
section R112.1 to read as follows.
R112.1 General. In order to hear and decide appeals
of orders, decisions or determinations made by the building official
relative to the application and interpretation of this code, the provisions
of Section 113 of the
California Building Code, as amended, shall
apply.
G. Delete
sections R112.2, R112.3 and R112.4.
H. Amend
section R113.4 to read as follows:
R113.4 Violation Penalties. Any person who violates
a provision of this code or fails to comply with any of the requirements
thereof or who erects, constructs, alters, or repairs a building or
structure in violation of the approved construction documents or directive
of the building official, or of a permit or certificate issued under
the provisions of this code and from which no appeal has been taken,
or who shall fail to comply with such an order as affirmed or modified
by the board of appeals within the time fixed herein, shall be subject
to penalties as prescribed by law. The imposition of one penalty for
any violation shall not excuse the violation or permit it to continue.
All such persons shall be required to correct or remedy such violations
or defects within a reasonable time and, when not otherwise specified,
each day that prohibited conditions are maintained shall not be held
to prevent the enforced removal of prohibited conditions.
I. Section
R113.4.1 is hereby added and reads as follows:
R113.4.1 Costs of Abatement; Tax Lien. Any person,
whether as principal, agent, employee, or otherwise, who maintains
any premises in violation of any provision of this code, the municipal
code, other adopted California codes, or the state housing law shall
be liable for and obligated to pay to the city all costs incurred
by the city in obtaining abatement or compliance which attributable
to or associated with the enforcement or abatement action, whether
such action is administrative, injunctive, or legal, and for all damages
suffered by the city, its agents, officers, and employees as a result
of such violation or efforts to abate the violation.
If the owner of the property involved in such abatement or compliance
action fails to pay for the costs of such abatement or compliance
action upon demand by the city, the city council by resolution may
order the cost of the abatement to be specially assessed against the
parcel. Such assessment shall be collected and shall be subject to
the same penalties and the same procedure and sale in case of the
delinquency as are provided for ordinary property taxes.
J. Section
R113.4.2 is hereby added and reads as follows:
R113.4.2 Recording Noncompliance with County Recorder. Whenever the building official determines that work has been done
without the required permits, or has not been completed in accordance
with the requirements of this building codes, or other provision of
the municipal code, the state housing laws, or any other code adopted
herein, the building official may cause a notice of noncompliance
to be recorded with the county recorder and shall notify the owner
of the property of such action. The notice of noncompliance shall
describe the property, shall set forth the noncomplying conditions,
and shall state that the owner of such property has been duly notified.
The building official shall record a notice of release of the notice
of noncompliance with the county recorder when it has been determined
by the building official that the noncomplying conditions have been
corrected.
K. Amend
section R114.2 to read as follows:
R114.2 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties and code enforcement procedures set forth in Title
1, Chapter
3, of the Solvang Municipal Code.
L. Amend
section R313.2 and exception to read as follows:
R313.2 One-and two-family dwellings automatic fire systems. An automatic residential fire sprinkler system shall be installed
in one-and two-family dwellings.
Exception: Where additions or alterations to an
existing dwelling increase the existing floor area, an automatic fire
sprinkler system shall be provided as required by Section 903.7 of
the California Fire Code as adopted by the County of Santa Barbara.
M. Section
R904.5 is hereby added and reads as follows:
R904.5 Wood Shake and Shingle Roof Covering Limitations. Wood shake or shingle roof coverings shall not be installed on any
building. A roof covering shall not be applied over existing wood
shakes or shingles.
Exception:
1. A wood
shake or wood shingle system listed as a Class A-rated roof covering.
2. Roof
covering for an addition to, or the reroofing of, an existing building
where the new roof covering area is less than 750 square feet of the
existing roof area may be an approved Class B pressure treated wood
shingle system.
(Ord. 19-0343 § 1; Ord. 22-0355 § 11; Ord. 22-0360 § 1)
The California Existing Building Code adopted in section
10-1-1 of the city code is modified, amended and/or supplemented as follows:
A. Amend
section 101.1 to read as follows:
101.1 Title. These regulations shall be known as
the California Existing Building Code, hereinafter referred to as
"this code."
B. Amend
section 103.1 to read as follows:
103.1 Creation of Enforcement Agency. The Building
Division is hereby created and the official in charge thereof shall
be known as the building official.
C. Section
104.3.1 is hereby added and reads as follows:
104.3.1 Citations. The building official, or duly
authorized agent, is granted the authority as provided in Section
836.5(a) of the California
Penal Code to issue citations for violations
of this chapter.
D. Section
108.4.1 is hereby added and reads as follows:
108.4.1 Investigation. Whenever any work for which
a permit is required by this code has been commenced without first
obtaining said permit, a special investigation shall be made before
a permit may be issued for such work.
E. Amend
section 109.3.5 to delete the exception and read as follows:
109.3.5 Lath or gypsum board inspection. Lath and
gypsum board inspections shall be made after lathing and gypsum board,
interior and exterior, is in place but before any plastering is applied
or before gypsum board joints and fasteners are taped and finished.
F. Amend
section 112.1 to read as follows:
112.1 General. In order to hear and decide appeals
of orders, decisions or determinations made by the code official relative
to the application and interpretation of this code, the provisions
made by the code official relative to the application and interpretation
of this code, the provisions of Section 113 of the California Building
Code, as amended, shall apply.
G. Delete
sections 112.2, 112.3 and 112.4.
H. Amend
section 113.4 to read as follows:
113.4 Violation Penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of appeals within the time fixed herein, shall be guilty of a misdemeanor, and is subject to the penalty as provided for in Title
1, Chapter
3 of the City of Solvang Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
I. Amend
section 114.4 to read as follows:
114.4 Failure to Comply. Any person shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties and code enforcement procedures set forth in Title
1, Chapter
3, of the Solvang Municipal Code.
J. Amend
section 115.1 to read as follows:
115.1 Unsafe Conditions. Structures or existing
equipment that are or hereafter become unsafe, unsanitary or deficient
because of inadequate means of egress facilities, inadequate light
and ventilation, or which constitute a fire hazard, or are otherwise
dangerous to human life or public welfare, or that involve illegal
or improper occupancy or inadequate maintenance, shall be deemed an
unsafe condition. Unsafe structures shall be taken down and removed
or made safe, as the building official deems necessary and as provided
for in this section and the 2021 edition of the International Property
Maintenance Code, as adopted. A vacant structure that is not secured
against entry shall be deemed unsafe.
(Ord. 19-0343 § 1; Ord. 22-0355 § 12; Ord. 22-0360 § 1)
The California Electrical Code, all sections of the 2020 National Electrical Code that were not adopted by agencies of the State of California, and associated appendices adopted in section
10-1-1 of the city code are modified, amended and/or supplemented as follows:
B. Amend
section 230.70(A)(1) to read as follows:
(1) Readily Accessible Location. The service disconnecting
means shall be installed at a readily accessible location either outside
the building or other structure, or inside nearest the point of entrance
of the service conductors. The disconnecting means shall be accessible
to emergency personnel, either directly or by a remote actuating device,
without requiring transit of the building interior. Dedicated electrical
equipment rooms located at the building perimeter and providing direct
access to the outside shall satisfy accessibility for emergency personnel.
(Ord. 19-0343 § 1; Ord. 22-0360 § 1)
The California Mechanical Code and all sections of the 2021 Uniform Mechanical Code that were not adopted by agencies of the State of California, including appendices adopted in section
10-1-1 of the city code are modified, amended, and/or supplemented as follows:
A. Division
II of chapter 1 is hereby deleted.
(Ord. 19-0343 § 1; Ord. 22-0360 § 1)
The California Plumbing Code, all sections of the 2021 Uniform Plumbing Code that were not adopted by agencies of the State of California, and associated appendices adopted in section
10-1-1 of the city code are modified, amended and/or supplemented as follows:
A. Division
II of chapter 1 is hereby deleted.
C. Section
406.5 is hereby added and reads as follows:
406.5 Commercial Car Washes. Commercial car wash
facilities shall have water recycling systems approved by the Authority
Having Jurisdiction.
(Ord. 19-0343 § 1; Ord. 22-0360 § 1)
The International Property Maintenance Code adopted in section
10-1-1 of the city code is modified, amended, and/or supplemented as follows:
A. Amend
section 103.1 to read as follows:
103.1 General. The office of property maintenance
inspection within the Building Division is hereby created and the
executive official in charge thereof shall be known as the building
official. For the purposes of this code, the building official shall
mean code official.
B. Amend
section 110.4 to read as follows:
110.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties and code enforcement procedures set forth in Title
1, Chapter
3, of the Solvang Municipal Code.
C. Section
105.5.1 is hereby added and reads as follows:
105.5.1 Citations. The code official, or duly authorized
agent, is granted the authority as provided in Section 836.5(a) of
the California
Penal Code to issue citations for violations of this
chapter.
D. Section
109.4.1 is hereby added and reads as follows:
109.4.1 Costs of Abatement; Tax Lien. Any person,
whether as principal, agent, employee, or otherwise, who maintains
any premises in violation of any provision of this code, the municipal
code, other adopted California code, or the state housing law shall
be liable for and obligated to pay to the city all costs incurred
by the city in obtaining abatement or compliance which is attributable
to or associated with the enforcement or abatement action, whether
such action is administrative, injunctive, or legal, and for all damages
suffered by the city, its agents, officers, and employees as a result
of such violation or efforts to abate the violation.
If the owner of the property involved in such abatement or compliance
action fails to pay for the costs of such abatement or compliance
action upon demand by the city, the city council by resolution may
order the cost of the abatement to be specially assessed against the
parcel.
Such assessment shall be collected at the same time and in the
same manner as ordinary property taxes are collected and shall be
subject to the same penalties and the same procedure and sale in case
of the delinquency as are provided for ordinary property taxes.
E. Section
109.4.2 is hereby added and reads as follows:
109.4.2 Recording Noncompliance with County Recorder. Whenever the code official determines that work has been done without
the required permits, or has not been completed in accordance with
the requirements of this building code, or other provision of the
municipal code, the state housing laws, or any other code adopted
herein, the official may cause a notice of noncompliance to be recorded
with the county recorder and shall notify the owner of the property
of such action. The notice of noncompliance shall describe the property,
shall set forth the noncomplying conditions, and shall state that
the owner of such property has been duly notified. The code official
shall record a notice of release of the notice of non-compliance with
the county recorder when it has been determined by the code official
that the noncomplying conditions have been corrected.
F. Amend
section 108.1 to read as follows:
108.1 Membership of Board. The board of appeals shall be the board of appeals established in Section 113 of the
California Building Code as amended in Section
10-1-4 of the Solvang Municipal Code.
G. Amend
section 304.14 to read as follows:
304.14 Insect Screens. Every 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 consumptions are processed,
manufactured, packaged or stored shall be supplied with approved tightly
fitting screen of 16 mesh per inch (16 mesh per 25 mm) minimum, and
every screen door used for insect control shall have a self-closing
device in good working condition.
H. Amend
section 602.3 to read as follows:
602.3 Heat Supply. Every 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, shall supply
heat to maintain a minimum temperature of 68 degrees F (20°C)
in all habitable rooms, bathrooms, and toilet rooms.
(Ord. 19-0343 § 1; Ord. 22-0360 § 1)