The 2022 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, a portion of the California Building Standards Code, hereinafter referred to as the building code, is adopted in its entirety and incorporated by this reference, except for changes, additions, deletions and amendments in this chapter, which shall supersede the provisions of said code. The following appendices of the building code are included in the adoption: Appendix H (Signs). The following appendices are deleted: Appendices A through G, and I through P.
(Ord. CS-437 § 3, 2022)
Chapter 1 (Scope and Administration) to the California Building Code, 2022 edition, shall generally constitute the Administrative Code for the city, establishing the supplementary administrative, organizational and enforcement rules and regulations as applicable for the following technical codes: Uniform Housing Code, 1997 edition; California Electrical Code, 2022 edition; California Mechanical Code, 2022 edition; California Plumbing Code, 2022 edition; Uniform Swimming Pool, Spa and Hot Tub Code, 1997 edition; Uniform Solar, Hydronics and Geothermal Code, 2021 edition; California Energy Code, 2022 edition; California Solar Energy Code, 2022 edition; California Historical Building Code, 2022 edition; California Existing Building Code, 2022 edition; and California Green Building Standards Code, 2022 edition. Each and all of the regulations, provisions, conditions and terms therein shall supplement and apply to each of the technical codes. Whenever there are practical difficulties involved in carrying out the provisions of the Administrative Code or where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable with the force of law.
(Ord. CS-437 § 3, 2022)
Section 101.4.4 is amended to read as follows:
101.4.4 Property maintenance.
The provisions of the California Existing Building Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. Decks and balconies on multi-family residential or commercial buildings or structures shall comply with Health and Safety Code Section 17973, as it may be amended from time to time.
(Ord. CS-437 § 3, 2022)
A. 
Section 104.1 is amended to read as follows:
104.1 General.
The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures as supplemental to this code in order to clarify the application of its provisions or to implement or facilitate inspection functions, the issuance of permits and certificates. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.
B. 
Section 104.2.2 is added to read as follows:
104.2.2 Rebuild threshold and limits on repair and remodel.
The building official shall determine the applicability of certain permitting procedures and requirements for repair and remodeling projects on a case-by-case basis. A project classified as "rebuild" pursuant to this section shall be treated as a new building or structure. Modification of fixtures, finishes, and systems shall not be considered in measuring project magnitude.
1. 
Generally applied rebuild threshold for construction projects. "New construction" is defined as any work, addition to, remodel, repair, renovation, or alteration of any building(s) or structure(s) when 75% or more of the exterior weight bearing walls is removed or demolished. A project shall also be defined as "new construction" when the scope of work for groups R3 and U occupancies involves the alteration, rebuild, removal, or combination thereof of any structural framing that meets or exceeds 75% or greater of the linear footage of interior and exterior walls, including the removal of roof structure in those wall areas.
2. 
Cumulative construction projects. The cumulative scope for permitted work within any three-year period shall be added together when determining whether the scope of work constitutes a rebuild. For the purposes of this section, the computation of time shall be measured from the latest permit's date of issuance. The calculation of the percentage of floor area affected and final determination of required improvements shall be made by the building official.
3. 
Special consideration for unforeseen defects and damages. If construction defects or damages (e.g., pest or water damage) are discovered after construction has begun that were not predictable or known by ordinary means such as pest damage reports and other inspections and precautions, work must cease until the building official has been notified. The building official shall have the discretion to evaluate the circumstances of the discovery and may allow the rebuild threshold to be increased provided procedures deemed appropriate by the building official are followed.
(Ord. CS-437 § 3, 2022)
A. 
Section 105.1 is amended to read as follows:
105.1 Required.
Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed shall first make application to the building official and obtain the required permit. The submission of a building permit application shall be construed as attestation that the property owner and/or permit applicant are aware of the scope of the project and will only perform or allow work within that scope unless a building permit revision is subsequently authorized by the building official.
B. 
Section 105.1.3 is added to read as follows:
105.1.3 Personal or electronic submission.
The property owner or permit applicant may submit the permit application and associated documentation to the building division by personal or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications, and other documentation may be used in lieu of a wet signature.
C. 
Section 105.1.4 is added to read as follows:
105.1.4 Partial permits.
At the discretion of the building official, a partial permit may be issued to allow construction to begin before the project plans are approved. To qualify for a partial permit, the permit applicant must submit plans for the primary permit, and the plans must be accepted as complete for the jurisdiction's review. Work authorized by the partial permit shall be limited to underground site work, including underground plumbing, electrical, and mechanical work.
D. 
Section 105.2 is amended to read as follows:
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 buildings or structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 square meters) and the building or structure is entirely above grade and is not located on a maintenance easement, on a public utilities easement, or within a setback area as required by any local ordinance or other applicable law. The building or structure shall not exceed the height requirements set forth in any local ordinance or other applicable law.
2.
Fences not over six feet (1829 mm) high.
3.
Oil derricks.
4.
Retaining walls that are not over four feet (1219 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 (18,925 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, and similar finish work.
8.
Temporary motion pictures, music, television and theater stage sets and scenery.
9.
Prefabricated swimming pools accessory to a Group R-3 occupancy that are not greater than 5,000 gallons (18,925 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 buildings and structures in this code.
12.
Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 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 (1753 mm) in height.
14.
Skateboard ramps. The building or structure shall not exceed the height requirements set forth in any local ordinances or other applicable law.
Electrical:
1.
Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
2.
Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.
3.
Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
Gas:
1.
Portable heating appliance.
2.
Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1.
Portable heating appliance.
2.
Portable ventilation equipment.
3.
Portable cooling unit.
4.
Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5.
Replacement of any part that does not alter its approval or make it unsafe.
6.
Portable evaporative cooler.
7.
Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75kW) or less.
Plumbing:
1.
The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2.
The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
E. 
Section 105.3 is amended to read as follows:
105.3
Application for permit.
To obtain a permit, the applicant shall first file an application in writing on a form furnished by the department of building safety for that purpose. Such application shall:
1.
Identify and describe the work to be covered by the permit for which application is made.
2.
Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
3.
Indicate the use and occupancy for which the proposed work is intended.
4.
Be accompanied by construction documents and other information as required in Section 107.
5.
State the valuation of the proposed work. The valuations or value shall include the total value of work, including materials and labor for which the building permit is requested. Contract price valuations may be subject to further review and documentation.
6.
Where applicable, state the area to be landscaped in square feet and the source of water for irrigation.
7.
Be signed by the property owner or applicant, or the applicant's authorized agent, who may be required to submit evidence to indicate signature authority. Whenever any constructive work, including, but not limited to, excavation or fill, requires entry onto adjacent property for any reason, the permit applicant shall obtain the written consent or written proof of legal easements or other property rights of the adjacent property owner or their authorized representative. The consent shall be in a form acceptable to the building official.
8.
Diversion requirement and waste management plans. Except as otherwise provided in this code, all property owners or permit applicants shall complete and submit a waste management plan as part of the application packet for the building permit, certifying that the diversion requirements will be satisfied for construction waste reduction, disposal, and recycling.
9.
Give such other data and information as required by the building official.
105.3.1 Action on application.
The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction drawings do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable to the property owner or the permit applicant. In the case of a new building, all fees required for connection to public water systems and to sewer systems provided by entities other than the jurisdiction must be paid or a bond posted before a permit is issued.
When the building official issues a permit, the building official shall endorse in writing or stamp on both sets of plans and specifications, "Approved." Such approval plans and specifications shall not be changed, modified, or altered without authorization from the building official, and all work shall be done in accordance with the approved plans.
105.3.2 Time limitation of application.
An application for a permit for any proposed work shall be deemed to have been abandoned 365 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
F. 
Section 105.4 is amended to read as follows:
105.4 Validity of permit.
The permit when issued shall be for such construction as is described in the building permit application and no deviation shall be made from the construction so described without the written approval of the building official. The permit holder (property owner or permit applicant) is obligated to maintain the accuracy of the building permit application and the approved building plan set, and shall promptly report to the building official any construction defects or damages discovered after construction has begun.
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance, order or other requirement of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances, orders or other requirements of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances, orders or other requirements of this jurisdiction.
G. 
Section 105.5.2 is added to read as follows:
105.5.2 Limitations on extensions.
An extension of time may require conditions of approval and additional fees. A fee will not be charged for the first extension of time, provided the permit is not expired.
Notwithstanding the above, all work authorized by a permit issued by the building official shall be completed within three years of issuance. A permit shall be considered abandoned if the work authorized by such building permit exceeds three calendar years to complete.
H. 
Section 105.5.3 is added to read as follows:
105.5.3 Defining commencement of work and substantial work.
For the purpose of this section, commencement of work shall be defined as the successful completion, inspection, and approval of the entire foundation system for the permitted building or structure, including the placement of concrete. If the permit is for a building or structure that does not include a foundation, then the building official will determine that the work has commenced if the amount of work completed shows a good faith effort to substantially perform the work authorized by the permit, which shall be construed to mean measurable work such as, but not limited to, the addition of footings, structural members, flooring, wall coverings, plumbing systems, mechanical systems, and electrical systems.
I. 
Section 105.5.4 is added to read as follows:
105.5.4 Expired permits.
It is unlawful for any person, firm, or corporation to maintain any building, structure, or equipment, or portion thereof, regulated by this code if permits required by this code are expired without final inspection approval and no application by the permittee has been made to obtain new permits to complete the work authorized under the expired permit.
Where a building or structure remains unfinished after the permit has expired, the property owner or permit applicant must, within 60 days after written notice by the building official, demolish and remove the building or structure or obtain a new permit. Before such work can be recommenced, a new building permit must be obtained.
The building permit fee collected by the building official to reinstate an expired permit shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such expiration has not exceeded one year.
J. 
Section 105.5.5 is added to read as follows:
105.5.5 Sewer allocation system.
The provisions of any sewer allocation system adopted by local ordinance or other applicable law shall supersede the reinstatement of an expired permit if the building permit was issued pursuant to such system.
K. 
Section 105.8 is added to read as follows:
105.8 Unpermitted buildings and structures.
No person shall own, use, occupy or maintain any "unpermitted structure." For purposes of this code, "unpermitted structure" shall be defined as any building or structure, or portion thereof, that was reconstructed, rehabilitated, repaired, altered, added to, improved, or equipped, at any point in time, without the required permit(s) having first been obtained from the building official, or any unfinished work for which a permit has expired.
(Ord. CS-437 § 3, 2022)
A. 
Section 107.2.1 is amended to read as follows:
107.2.1 Information on construction documents.
Construction documents shall be dimensioned and drawn to scale upon suitable material. Electronic media documents are permitted to be submitted where approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules, and regulations, as determined by the building official. Computations, stress diagrams and other data sufficient to show the correctness of the plans shall be submitted when required by the building official. In lieu of detailed specifications, the building official may approve references on the plans to a specific section or part of this code or other applicable laws or ordinances.
B. 
Section 107.2.6.2 is added to read as follows:
107.2.6.2 Site drainage.
Where proposed construction will affect site drainage, existing and proposed drainage patterns must be shown on the plot plan.
C. 
Section 107.2.6.3 is added to read as follows:
107.2.6.3 Foundation survey.
A survey of the lot is required by the building official to verify the proposed building or structure is located in accordance with the approved plans when a new foundation is proposed at five feet or closer to an adjacent property line.
D. 
Section 107.2.6.4 is added to read as follows:
107.2.6.4 Waiver.
The building official may grant the omission of a site plan, design flood elevations, site drainage, and/or foundation survey information when the proposed work is of such a nature that no information is needed to determine compliance with all laws relating to the location of buildings or occupancies.
E. 
Section 107.2.9 is added to read as follows:
107.2.9 Prerequisite for pad certification.
Except as otherwise provided in this code, upon completion of the rough grading work and prior to issuance of any building permit, the property owner or permit applicant must submit the required pad certifications and any supporting documentation to the applicable governing authority. This information shall also be maintained onsite and available to the building official at the foundation inspection, pursuant to Section 110.3.1 of this code.
(Ord. CS-437 § 3, 2022)
A. 
Section 109.1.1 is added to read as follows:
109.1.1 Building permit fee.
A building permit fee, in an amount established by fee resolution of the City Council, shall be paid for administrative processing and building inspections prior to issuing a building permit.
B. 
Section 109.1.2 is added to read as follows:
109.1.2 Plan check fee.
A building plan check fee, or deposit review fee, in an amount established by the fee resolution of the City Council, shall be paid when plans or documents are required to be submitted for review prior to issuing a building permit. Depending on the complexity and quality of the documentation being submitted, the final plan check fee to be paid may exceed the amount of the fee deposited to the jurisdiction. The building official may require additional charges for review required by changes, additions, or revisions of approved plans or reports, and for services beyond the first and second check due to changes, omissions, or errors on the part of the property owner or permit applicant. The payment of said fees shall not exempt any person from compliance with other provisions of this code.
C. 
Section 109.3 is amended to read as follows:
109.3 Building permit valuations.
The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of the work, including materials and labor, for which the permit is being issued, as well as all finish work such as painting, roofing, electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. For purposes of determining a permit fee amount, valuation or value shall be based upon either the actual contract price for the work to be permitted or shall be determined with the use of the current "ICC Building Valuation Data" as published by the International Code Council, whichever is higher.
D. 
Section 109.4 is amended to read as follows:
109.4 Other fees.
The jurisdiction, by fee resolution, shall charge and collect other fees for services performed related to building permits issued pursuant to this code, and for such other building, construction, and development regulations as may be incorporated in this code. Fees associated with any action taken or required pursuant to this section shall be assessed in accordance with the provisions of this section and the fee resolution.
109.4.1 Work commencing before permit.
Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit fee that is required by this code.
109.4.2 Investigation fees.
Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation fee may be required and be collected, whether or not a permit is subsequently issued. The minimum investigation fee shall be equal to the amount established by fee resolution of the City Council, whether a permit is required or not. The payment of such investigation fee shall not exempt a person from compliance with other provisions of this code, nor from a penalty prescribed by local ordinance or other applicable law.
109.4.3 Preliminary review fees.
Upon payment of a preliminary review fee, a property owner or permit applicant may have a building, a structure, or other specialty code requirements reviewed by the building official prior to submittal of a permit application. Such fee shall be based on the hourly rate for the purposes of cost recovery. All charges must be paid at the conclusion of any such meeting and before any written findings are issued.
109.4.4 Reinspection fees.
A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. Reinspection fees may also be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from the plans requiring approval of the building official. In instances where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid. The fee for each reinspection shall be established by fee resolution of the City Council.
109.4.5 Development impact fees.
This section applies to development fees imposed by the jurisdiction for the purpose of financing capital improvements and public facilities, the need for which is attributable to such development. The provisions of this section do not apply to taxes or special assessments levied by the jurisdiction.
1. 
The amount of the fees due to jurisdiction shall be based on the development fee schedule in effect at the time of payment. The amount of the development impact fee established by fee resolution of the City Council, ordinance, or other applicable law shall not exceed the estimated cost of providing the proposed development with the service or facility for which the development impact fee is imposed.
2. 
No building permit shall be issued until all applicable development impact fees due for the development project have been paid or secured through a recorded agreement with the jurisdiction, unless payment at a later time is mandated by Government Code Section 66007 or otherwise permitted by local ordinance or other applicable law of the jurisdiction.
3. 
When applicable development impact fees are to be calculated during the building permit process or prior to the issuance of a building permit, it shall mean the building permit is approved by the building official and is ready to issue.
4. 
No temporary or final certificate of occupancy or permanent connection to utilities may be granted until all development fees have been paid in full.
(Ord. CS-437 § 3, 2022)
A. 
Section 110.1.1 is added to read as follows:
110.1.1 Preconstruction meetings/inspections.
The building official may be contacted by a property owner or permit holder to arrange a pre-construction meeting involving contractors, engineer of record, architects, and any other essential project participants. The meeting may be used to clarify areas of responsibility, to establish lines of communication to be used by all involved parties through the inspection process, and to answer questions about complex construction details and project phasing. For cost recovery purposes, the building official may charge their fully burdened hourly rate for time spent arranging, preparing, and participating in such meetings.
B. 
Section 110.3.1 is amended to read as follows:
110.3.1 Footing and foundation inspection.
Footing and foundation inspections shall be made after excavations footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job. Except where concrete is ready mixed in accordance with ASTM C94, the concrete need not be on the job.
A California State licensed surveyor is required to certify the location and setbacks of new construction prior to the first foundation inspection if the proposed building or structure is located five feet or closer to an adjacent property line. A copy of the certification shall be available to the building official prior to the first inspection. Prior to the approval of any foundation inspection the permit holder shall submit the setback certification that certifies by field measurement that the location of the building meets or exceeds the minimum setback distance as shown on the approved building plan set.
Pad and elevation certification information pursuant to Section 107.2.9 of this code shall be maintained onsite and available to the building official at the foundation inspection. The building official may require top of form elevation certification prior to placing concrete for slabs.
C. 
Section 110.4 is amended to read as follows:
110.4 Inspection agencies.
The building official is authorized to accept reports of approved inspection agencies, licensed Engineers, licensed contractors or other qualified individuals, provided that such agencies, licensed professionals or individuals satisfy the requirements as to qualifications and reliability.
D. 
Section 110.7 is added to read as follows:
110.7 Building service equipment and utility connections.
Building service equipment regulated by the technical codes shall not be connected to the water, fuel or power supply, or sewer system until authorized by the building official. At the building official's discretion, the building official is authorized to release the utilities for a project prior to completion and prior to applicable city/county function approvals. When utilities are released prior to completion and prior to approvals by all applicable city/county departments, the property owner and/or permit holder shall agree, in writing, on a form provided by the building official, that the building or structure will not be occupied until released by all applicable city/county functions.
Following a natural disaster or emergency, the building official may issue such permits deemed necessary to restore a previous legal use or to allow temporary occupancy of a site, prior to the primary use being re-established.
E. 
Section 110.8 is added to read as follows:
110.8 Prior to release of occupancy of a building or structure.
When the building or structure is ready for final inspection and occupancy pursuant to Section 111 of this code, the property owner or permit holder shall notify the building official. The building official will coordinate with other appropriate city/county functions described in Section 110.7 of this code, as amended, so they may verify compliance with all laws and ordinances they are charged with enforcing.
Passing final inspection or the final approval of the building official on the building permit inspection card does not constitute approval to occupy the structure.
(Ord. CS-437 § 3, 2022; Ord. CS-422, 5/10/2022)
A. 
Section 111.1 is amended to read as follows:
111.1 Requirements for occupancy.
This section of the code is applicable to the following building permit application types: (1) new nonresidential buildings or structures; (2) new residential dwellings; (3) other buildings and structures to be initially occupied or used; and (4) tenant improvements or building or structure additions with a change in use or change in occupancy to a different group or division of occupancy. In these instances, a building or structure shall not be used or occupied in whole or in part, and a change of occupancy of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein.
Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or other applicable laws or ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other applicable laws or ordinances of the jurisdiction shall not be valid.
Exceptions:
1. 
Unless it is specifically required by other provisions of this code, no existing building or portion thereof shall require a certificate of occupancy provided the division of occupancy therein is the same for which the original building permit was issued.
2. 
Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2.
3. 
Certificates of occupancy are not required for new non-habitable accessory buildings or structures.
4. 
Shell buildings have no portion approved for occupancy and generally do not comply with the specific requirements of any group or division of occupancy. Therefore, a certificate of occupancy may not be issued for a shell building. In lieu of a certificate of occupancy, a final inspection report is issued to signify completion of a building or structure exclusive of interior build out by a tenant or a property owner.
B. 
Section 111.2 is amended to read as follows:
111.2 Certificate of occupancy issued.
After the building official conducts a final inspection of the building or structure and does not find violations of the provision of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy within one business day in accordance with this section.
When a new certificate of occupancy is issued, it shall supersede every certificate previously issued for that portion of the building or structure described thereon. If no new certificate is required, the existing certificate on file will remain in effect. Duplicates of a previously issued certificate may be secured upon the payment of the duplication fee as set forth in a fee resolution of the City Council.
111.2.1
Requirements to obtain a certificate of occupancy.
The building official shall issue the certificate of occupancy when all of the following conditions have been satisfied:
1.
A request for the certificate of occupancy has been accepted by the jurisdiction.
2.
The applicable structural work and all electrical, plumbing, and mechanical systems serving the area to be occupied are completed and approved
3.
Fire protection systems are completed, fully operable, tested, and approved in the area requested for occupancy.
4.
Each structural best management practices (BMP) has been completed and is operating in compliance with all of its specifications, plans, permits, ordinances, and the requirements of the MS4 Permit.
5.
All public utilities as required by Section 110.7 are fully operable, tested, and approved to serve the area requested for occupancy.
6.
Certificate fees specified by a fee resolution of the City Council are collected.
7.
The building or structure does not contain any violations of the provisions of this code.
8.
All required permits of entitlement are effective and any applicable conditions are satisfied.
111.2.2
Minimum information to be provided on the certificate of occupancy.
The building official shall issue a certificate of occupancy that contains the following:
1.
The building permit number.
2.
The address of the building or structure.
3.
The name and address of the owner or the owner's authorized agent.
4.
A description of that portion for the structure for which the certificate is issued.
5.
A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
6.
The name of the building official.
7.
The edition of the code under which the permit was issued.
8.
The use and occupancy in accordance with the provisions of Chapter 3. (The occupancy load only needs to be shown for assembly occupancies.)
9.
The type of construction as defined in Chapter 6.
10.
The design occupant load.
11.
If an automatic sprinkler system is provided, whether the sprinkler system is required.
12.
Any special stipulations and conditions of the building permit.
111.2.3 Limitations.
A certificate of occupancy is a declaration that the building or structure substantially complies with the plans and specifications that have been submitted to, and approved by, the jurisdiction. A certificate is no guarantee of building quality or compliance with other local ordinances and applicable laws, other than documenting compliance with this code at the time the certificate was issued.
C. 
Section 111.3 is amended to read as follows:
111.3 Temporary occupancy.
If the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before all constructive work covered by the permit is completed, the building official may issue a temporary certificate of occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. This temporary occupancy is intended to apply to the building or business owner(s) or tenants and not for members of the public. The building official may authorize the temporary connection of the building or system service equipment to the utility source of energy for the purpose of testing building service equipment, or for use under a temporary certificate of occupancy.
For cost recovery purposes, the building official will charge their fully burdened hourly rate for the time spent on processing the request and issuing the temporary certificate. Upon receipt of such request and payment of a cost recovery fee, the building official shall issue a temporary certificate that contains the same information as listed in California Building Code Section 111.2.2, as amended.
111.3.1
Temporary certificate criteria.
Upon receipt of a request for a temporary certificate of occupancy and when the certificate fee has been paid, the building official may issue a temporary certificate of occupancy. The following items will be considered by the building official before a temporary certificate of occupancy is issued:
1.
The scope of the remaining work and its impact on the use of space.
2.
How the space will be maintained safe and accessible while the remaining work is completed.
3.
The timeframe needed to complete the remaining work.
4.
Whether approvals from other city departments and divisions are required prior to the issuance of a temporary certificate of occupancy including: a) Planning; b) Engineering/Public Works; c) Fire Prevention; and d) Water and Sewer.
111.3.2 Time period.
The building official shall set a time period during which the temporary certificate of occupancy is valid. A temporary certificate of occupancy shall be valid for a period not to exceed 180 days. Additional temporary certificates of occupancy may be issued, if the application is approved by the building official. Upon expiration of a temporary certificate of occupancy, the building or structure shall require a certificate of occupancy in accordance with other provisions in this code. A violation of a condition of temporary occupancy shall constitute cause to revoke or suspend the temporary certificate of occupancy.
(Ord. CS-437 § 3, 2022)
Section 112.4 is added to read as follows:
112.4 Authority to condemn building service equipment.
When any building service equipment is maintained in violation of the technical codes and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute appropriate action to prevent, restrain, correct, or abate the violation. When the building official ascertains that building service equipment regulated in the technical codes has become hazardous to life, health, or property, or has become unsanitary, the building official shall order in writing that such equipment either be removed or restored to a safe or sanitary condition, as appropriate. The written notice shall fix a time limit for compliance with such order. Defective building service equipment shall not be maintained after receiving such notice.
112.4.1 Connection after order to disconnect.
Persons shall not make connections from an energy, fuel, or power supply nor supply energy or fuel to building service equipment which has been disconnected or ordered to be disconnected by the building official, or the use of which has been ordered to be discontinued by the building official, until the building official authorizes the reconnection and use of such equipment.
(Ord. CS-437 § 3, 2022)
A. 
Section 113.1 is amended 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 interpretation of this code, its amendments and building requirements of the jurisdiction, there shall be and is hereby created a Board of Appeals.
B. 
Section 113.3 is amended to read as follows:
113.3 Qualifications and membership.
The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters and reach decisions on matters pertaining to building construction and applicable building codes, local ordinances, and other applicable law. The Board shall include five regular members, consisting of the building official from the cities of Oceanside, Encinitas, Vista, San Marcos, and Escondido. Voting members of the Board shall not be employees or residents of the jurisdiction whose building official made the determination or took the action that is being appealed. The term shall be considered indefinite provided that the person is authorized and directed by one of the aforementioned jurisdictions to carry out the functions of that jurisdiction's building division. Three members shall constitute a quorum for the transaction of business, and three affirmative votes shall be necessary to render a decision. The members of the Board shall serve without compensation and will not be reimbursed for their service.
113.3.1 Standing committee.
The Board of Appeals shall have no regular meetings, and all meetings shall be special meetings noticed pursuant to Government Code Section 54956. The Board shall be considered a "standing committee" with a continuing subject matter jurisdiction. The Board shall meet when an appeal is filed pursuant to this section; or as called upon by the building official to provide advisory comments regarding issues related to this code, such as the potential adoption of new codes or alternative methods and materials.
113.3.2 Hearing examiner or chairperson.
The Board of Appeals may temporarily select one member to serve as a hearing examiner or chairperson to conduct a hearing and to report the Board's findings. The examiner hearing the case shall exercise all powers relating to the conduct of hearings until a decision is made on the appeal and the business of the meeting has concluded.
C. 
Section 113.4 is added to read as follows:
113.4 Secretary.
The building official shall be an ex officio member and shall act as the secretary to the Board of Appeals and shall keep the minutes thereof but shall have no vote upon any matter before the Board. All meetings of the Board shall be conducted pursuant to the terms of this section and called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act (Government Code Sections 54950 et seq.).
D. 
Section 113.5 is added to read as follows:
113.5 Appeal to the Board of Appeals.
Within 10 calendar days from the date the building official's decision was issued, any interested person or entity dissatisfied with the decision may file with the City Clerk a written appeal to the Board of Appeals specifying the reasons for the appeal, together with an appeal fee established by resolution of the City Council. Any appellant who is financially unable to pay the required appeal fee may file a written request for an appeal fee hardship waiver. The written request must be filed prior to or contemporaneous with the filing of the appeal. The appellant requesting the appeal fee hardship waiver shall indicate on the written appeal that an appeal fee hardship waiver request has been filed. The hardship waiver shall be considered by the city pursuant to the standards in Carlsbad Municipal Code section 1.10.120. Failure of any person or entity to file a timely appeal in accordance with this section shall constitute a waiver of the right to an appeal hearing and the building official's decision or action shall become final.
E. 
Section 113.6 is added to read as follows:
113.6 Hearing and conduct.
As soon as practicable after receiving the written appeal and appeal fee, the Board shall fix a date, time, and place for the hearing of the appeal by the Board. The Board shall hold a public hearing on the matter within 60 days of the filing of the written appeal, or as soon thereafter as a quorum can be assembled. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant and any interested parties of record discovered through reasonable diligence, through either personal service or first-class mail, each appellant at the address shown on the appeal, and to the interested parties of record at the parties' last known address. Notice by mail shall be deemed effective on the date of deposit.
Hearings before the Board shall be open to the public. The appellant, the building official and any person whose interests are affected shall be given an opportunity to be heard. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
The Board of Appeals may continue the hearing for good cause.
F. 
Section 113.7 is added to read as follows:
113.7 Decision.
The Board of Appeals shall hear the matter and approve, disapprove, or modify the decision of the building official. The Board of Appeals shall make written findings and render a written decision on each appeal which it hears; and shall cause a copy of same to be furnished to the appellant, to the building official, and to any person requesting it. The Board's written determination shall be final. There is no further administrative appeal.
G. 
Section 113.8 is added to read as follows:
113.8 Effect of building official's decision during appeal period.
Except for orders issued by the building official because of conditions that represent an immediate threat to life or safety of the public or adjacent properties, enforcement of any notice and order of the building official shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
(Ord. CS-437 § 3, 2022)
A. 
Section 114.5 is added to read as follows:
114.5 Non-issuance.
Except as otherwise provided in this code, no permit required by this title shall be issued to a permit applicant, and no final inspection shall be made for a property owner or permit holder, in connection with any premises or portion thereof upon which there exists a violation of any local ordinance or other applicable law. The building official may withhold building permits or other approvals for any reconstruction, rehabilitation, repair, alteration, addition, or other improvement pertaining to any existing or new building or structures on a property, or any permits pertaining to the use and development of the real property or the structure, which are subject to an administrative or other enforcement action if a request to appeal the action has not been timely filed; or after an appeal has been filed and a hearing officer affirms the enforcement officer's enforcement action; or if a notice of pending administrative enforcement action or other notice has been recorded against the property pursuant to the procedures set forth in the Carlsbad Municipal Code or other applicable law. The jurisdiction may withhold permits until the violation has been corrected, or if applicable, until a certificate of compliance or notice of release has been recorded against the property.
114.5.1 Issuance for corrective action.
At the discretion of the building official, building permits or certificates of occupancy may be issued to property owners or permit applicants in connection with any premises or portion thereof on which there exists a violation of a local ordinance or other applicable law when such permits are required to abate or remedy a violation of a local ordinance or other applicable law and the permits are immediately necessary to protect public health, safety, or welfare.
B. 
Section 114.6 is added to read as follows:
114.6 Certificate of noncompliance.
If the building official determines there is a violation of this code, and the violation has been noticed or cited but not appealed, the building official may file, in the office of the County Recorder, a certificate of noncompliance against the property where the building or structure is located. The noticing, issuance, appeal procedures, and recording of the certificate of noncompliance shall comply with the requirements of Carlsbad Municipal Code section 1.10.050 for a notice of pending administrative enforcement action.
If a certificate of noncompliance is filed, and where the required permit, inspection, and/or approval required is obtained, the building official shall file a certificate of compliance with the County Recorder certifying compliance of the property. Until a certificate of compliance has been filed, all applications for grading permits, use permits, major and minor subdivisions, rezones, specific plans, specific plan amendments, general plan amendments, discretionary approvals and building permits for the property may be denied.
(Ord. CS-437 § 3, 2022)
Section 115.3 is amended to read as follows:
115.3 Unlawful continuance.
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, or that removes a posted stop work order without written consent of the building official, shall be subject to the penalties prescribed by Carlsbad Municipal Code Chapter 1.08 and Section 1.10.020 pertaining to stop work orders.
(Ord. CS-437 § 3, 2022)
Section 116.1.1 is added to read as follows:
116.1.1 Appendages and structural members.
Parapet walls, cornices, spires, towers, and other appendages or structural members which are supported by, attached to, or part of a building or structure and which are in a deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as unsafe building appendages.
(Ord. CS-437 § 3, 2022)
A. 
Section 1206.4.1 is added to read as follows:
1206.4.1 When within the noise impact boundary of an airport or freeway.
Any new residence or addition of one or more habitable rooms to an existing residence located within the noise impact boundary of an airport or freeway must be designed to ensure that internal noise levels due to airport or freeway operations do not exceed 45 dB. This standard may be satisfied by performing the acoustical analysis described in section 1206.4.2 or by employing the prescribed construction methods described in section 1206.4.3.
For purposes of this section 1206, a noise impact boundary of an airport or freeway shall be all areas adjacent to an airport or freeway with a 65 dB or higher noise exposure. Noise exposure areas, contour lines or zones shall be identified on an existing noise contour map adopted by the jurisdiction, such as the existing noise contour map included as a figure or map in the Noise Element portion of the jurisdiction's General Plan.
For purposes of this section 1206, "freeway" shall mean expressways with controlled access and shall include Interstate 5 (I-5) and State Route 78 (SR-78).
B. 
Section 1206.4.2 is added to read as follows:
1206.4.2 Acoustical analysis.
A building permit application for a new residence or addition of one or more habitable rooms to an existing residence located within the noise impact boundary of an airport or freeway must comply with the minimum noise insulation performance standards established in this section if it includes an acoustical analysis demonstrating that the proposed design will ensure that internal noise levels due to aircraft or freeway noise will not exceed 45 dB CNEL. The acoustical analysis shall be proven to meet the standard by providing post-construction/pre-occupancy acoustic measurement to verify compliance with the 45 dB standard. The building official has the discretion to implement policies that meet the intent of this code section.
1. 
The acoustical analysis must be prepared by a person experienced in the field of acoustical engineering. The analysis must consider and include: the topographical relationship between aircraft and freeway noise sources and the dwelling site, the characteristics of those noise sources, predicted noise spectra and levels at the exterior of the dwelling site, the basis for this prediction (measured or obtained from published data), the noise insulation measures to be employed, and the effectiveness of the proposed noise insulation measures.
2. 
If the interior allowable noise levels are to be met by requiring that windows be unopenable or closed, the design for the structure must also specify a ventilation or air-conditioning system to provide a habitable interior environment, having at least two air exchanges per hour for the affected rooms. The ventilation system must not compromise the interior room noise reduction.
C. 
Section 1206.4.3 is added to read as follows:
1206.4.3 Prescribed construction methods.
A building permit application for a new residence or addition of one or more habitable rooms to an existing residence located within the noise impact boundary of an airport or freeway must comply with the minimum noise insulation performance standards established in this section if the design incorporates the following construction methods:
1. 
Construction methods in the 70 dB and greater noise zone.
a. 
Exterior walls. Buildings and structures in LDN contours 70 dB and greater shall conform to the requirements for LDN contour 65 dB to 70 dB.
b. 
Exterior Windows. 1) Openable windows: all openable windows in the exterior walls of habitable rooms must have a laboratory sound transmission class rating of at least STC 40 dB and must have an air infiltration rate of no more than 0.5 cubic feet per minute when tested according to ASTM E-283. 2) Fixed Windows: all fixed windows in the exterior walls of habitable rooms must: i) have a sound transmission class rating of at least STC 40 dB, ii) or must be 5/8-inch laminated glass with STC rating of 40 dB and must be set in non-hardening glazing materials, or iii) must be glass block at least 3 1/2 inches thick. 3) The total areas of glazing in rooms used for sleeping must not exceed 20% of the wall area.
c. 
Exterior Doors. 1) Exterior hinged doors to habitable rooms that are directly exposed to aircraft or freeway noise and are facing the source of the noise must be a door and edge seal assembly that has a laboratory sound transmission class of at least STC 40 dB. 2) Exterior hinged doors to habitable rooms that are not directly exposed to aircraft or freeway noise and do not face the source of the noise must have a minimum STC rating of 35 dB. 3) Sliding glass doors in habitable rooms must not be allowed in walls that are directly exposed to aircraft or freeway noise. Sliding glass doors in walls that are not directly exposed must have an STC rating of at least 40 dB. 4) Access doors from an attached garage to the interior of a residence must have an STC rating of at least 30 dB.
d. 
Roof/Ceiling Construction. Buildings and structures in LDN contours 70 dB and greater shall conform to the requirements for LDN contour 65 dB to 70 dB.
e. 
Ventilation. Buildings and structures in LDN contours 70 dB and greater shall conform to the requirements for LDN contour 65 dB to 70 dB.
2. 
Construction Methods in the 65 dB to 70 dB noise zone
a. 
Exterior Walls. New walls that form the exterior portion of habitable rooms must be constructed as follows: 1) Studs must be at least 4 inches in nominal depth. 2) Exterior finish must be stucco, minimum 7/8-inch thickness, brick veneer, masonry, or any siding material allowed by this code. Wood or metal siding must be installed over 1/2-inch solid sheathing. 3) Masonry walls with a surface weight of less than 40 pounds per square foot will require an interior studwall that is finished with at least 5/8-inch thick gypsum wallboard or plaster. 4) Wall insulation must be at least R-11 glass fiber or mineral wool and must be installed continuously throughout the stud space. 5) Exterior solid sheathing must be covered with overlapping asphalt felt. 6) Interior wall finish must be at least 5/8-inch thick gypsum wallboard or plaster.
b. 
Exterior Windows. 1) Openable Windows: All openable windows in the exterior walls of habitable rooms must have a laboratory sound transmission class rating of at least STC 35 dB and must have an air infiltration rate of no more than 0.5 cubic feet per minute when tested according to ASTM E-283. 2) Fixed Windows: All fixed windows in the exterior walls of habitable rooms must be at least 1/4-inch thick and must be set in non-hardening glazing materials. 3) The total area of glazing in rooms used for sleeping must not exceed 20% of the floor area.
c. 
Exterior Doors. 1) Exterior hinged doors to habitable rooms that are directly exposed to aircraft or freeway noise and are facing the source of the noise must be a door and edge seal assembly that has a laboratory sound transmission class of at least STC 35 dB. 2) Exterior hinged doors to habitable rooms that are not directly exposed to aircraft or freeway noise and do not face the source of the noise must have a minimum STC rating of 30 dB. 3) Sliding glass doors in habitable rooms must have glass that is 1/4-inch thick. 4) Access doors from a garage to a habitable room must have an STC rating of at least 30 dB.
d. 
Roof/Ceiling Construction. 1) Roof rafters must have a minimum slope of 4:12 and must be covered on their top surface with minimum 1/2-inch solid sheathing and any roof covering allowed by this code. 2) Attic insulation must be batt or blow-in glass fiber or mineral wool with a minimum R-30 rating applied between the ceiling joists. 3) Attic ventilation must be: i) gable vents or vents that penetrate the roof surface that are fitted with transfer ducts at least 6 feet in length that are insulating flexible ducting or metal ducts containing internal 1-inch thick coated fiberglass sound absorbing duct liner. Each duct must have a lined 90-degree bend in the duct so that there is no direct line of sight from the exterior through the duct into the attic; or ii) noise control louver vents; or iii) eave vents that are located under the eave overhang. 4) Ceilings must be finished with gypsum board or plaster that is at least 5/8-inch thick. 5) Skylights must penetrate the ceiling by means of a completely enclosed light well that extends from the roof opening to the ceiling opening. A secondary openable glazing panel must be mounted at the ceiling line and must be glazed with at least 3/16-inch plastic, tempered or laminated glass. The weather-side skylight must be any type that is permitted by the building code.
e. 
Ventilation. 1) A ventilation system must be provided that will provide at least the minimum air circulation and fresh air supply requirements of this code in each habitable room without opening any window, door or other opening to the exterior. All concealed ductwork must be insulated flexible glass fiber ducting that is at least 10 feet long between any two points of connection. 2) Kitchen cooktop vent hoods must be the non-ducted recirculating type with no ducted connection to the exterior.
D. 
Section 1206.4.4 is added to read as follows:
1206.4.4 Complaints.
Where a complaint as to noncompliance with this section requires a field test, the complainant shall post a bond or adequate funds in escrow for the cost of the field test in an amount as required per fee resolution of the City Council. Such costs shall be chargeable to the complainant if the field tests show compliance with this division. If the tests show noncompliance, testing costs shall be borne by the property owner or builder.
(Ord. CS-437 § 3, 2022)
Section 1501.1 is amended to read as follows:
1501.1 Scope.
The provisions of this chapter shall govern the design, materials, construction and quality of roof assemblies, and rooftop structures.
1. 
Roofing assemblies, roof coverings, and roof structures shall be as specified in this code and as otherwise required by local ordinance or applicable law.
2. 
Roofing assemblies and roof coverings other than wood shakes and shingles shall be Class A fire rated.
3. 
Wood shakes and shingles of any classification are prohibited as a roof covering on all structures and on all replacement roofs.
4. 
Roof coverings shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof.
5. 
Skylights shall be constructed as required in Chapter 24 of this code. Use of plastics in roofs shall comply with Chapter 26 of this code. Solar photovoltaic energy collectors located above or upon a roof shall be class A fire rated.
(Ord. CS-437 § 3, 2022)
Section 1505.9 is amended to read as follows:
1505.9 Rooftop mounted photovoltaic (PV) panel systems.
Rooftop mounted photovoltaic (PV) panel systems shall be tested, listed and identified with a fire classification of A, in accordance with UL 2703. Listed systems shall be installed in accordance with the manufacturers installation instructions and their listing.
(Ord. CS-437 § 3, 2022)
All private and public streets within the city shall have designated street names which shall be identified by signs. The size and type of street signs and the names of streets shall be subject to the approval of the city planning division, and the police and fire departments. Location and number of signs shall be as required by the city.
(Ord. CS-437 § 3, 2022)