A. 
The 2022 California Residential Code, California Code of Regulations, Title 24, a portion of the California Building Standards Code, is adopted and incorporated by this reference as the residential code except for changes, additions, deletions and amendments in this chapter. The following appendices of the residential code are included in the adoption: Appendix AH (Patio Covers), AK (Sound Transmission), AQ (Tiny House), AX (Swimming Pool Safety Act) and AZ (Emergency Housing). The following sections or appendices are deleted: Sections R108 et seq., R110 et seq., R112 et seq., R113 et seq. and R114 et seq. of Chapter 1; and Appendices AF, AG, AI, AJ, AL, AO, AR through AW, and AY.
The provisions of this code that are adopted by the city shall apply to detached one-and two-family dwelling and townhomes not more than three stories and structures accessory thereto installed, used, designed or intended to be used.
B. 
The building official is hereby authorized and directed to apply the administrative, organizational and enforcement rules and regulations of the building code to implement the residential code or portions of the code adopted. Administrative provisions relating to building fees, code compliance, enforcement, violations and penalties are specified in Sections 109, 111, and 113 through 115 of the California Building Code, Part 2, Volume 1, Chapter 1-Division II, as amended and adopted by the city.
(Ord. CS-437 § 11, 2022)
Section R104.1 is amended to read as follows:
R104.1 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, and other administrative and enforcement duties imposed by the code. 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.
(Ord. CS-437 § 11, 2022)
A. 
Section R105.1 is amended to read as follows:
R105.1 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.
R105.1.1 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.
R105.1.2. 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.
B. 
Section R105.2 is amended to read as follows:
R105.2
Work exempt from permit.
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. Permits shall not be required for the following.
Building:
1.
Other than storm shelters, one-story detached accessory buildings or structures, provided that the floor area does not exceed 120 square feet (11.15 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. It is permissible that these buildings or structures still be regulated by Section 710A despite exemption from permit.
2.
Fences not over six feet (1829 mm) high.
3.
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.
4.
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.
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, and similar finish work.
7.
Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8.
Swings and other playground equipment accessory to detached one-and two-family dwellings.
9.
Window awnings, 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.
10.
Decks not exceeding 200 square feet (18.58 square meters) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.
11.
Skateboard ramps. The building or structure shall not exceed the height requirements set forth in any local ordinance or other applicable law.
Electrical:
1.
Listed cord-and-plug connected temporary decorative lighting.
2.
Reinstallation of attachment plug receptacles but not the outlets therefor.
3.
Replacement of branch circuit overcurrent devices of the required capacity in the same location.
4.
Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.
5.
Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
Gas:
1.
Portable heating, cooking or clothes drying appliance.
2.
Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
3.
Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
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 coolers.
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.
8.
Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
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.
C. 
Section R105.3 is amended to read as follows:
R105.3 Application for permit.
To obtain a permit, the applicant shall first file an application therefor 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 R106.1.
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.
R105.3.1 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.
R105.3.1.2 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.
"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.
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.
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.
R105.3.2 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.
E. 
Section R105.4 is amended to read as follows:
R105.4 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.
F. 
Section R105.5.2 is added to read as follows:
R105.5.2 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.
G. 
Section R105.5.3 is added to read as follows:
R105.5.3 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.
H. 
Section R105.5.4 is added to read as follows:
R105.5.4 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.
I. 
Section R105.6.1 is added to read as follows:
R105.6.1 Unfinished building and structures.
Where a building or structure remains unfinished after the permit therefor has been suspended or revoked, the property owner shall, within 60 days after written notice by the building official, demolish and remove the same or obtain a new permit. Before such work can be recommenced, a new building permit shall be obtained.
J. 
Section R105.10 is added to read as follows:
R105.10 Unpermitted buildings and structures.
No person shall own, use, occupy or maintain any "unpermitted structure." For the 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 § 11, 2022)
A. 
Section R106.2.1 is added to read as follows:
R106.2.1 Site drainage.
Where proposed construction will affect site drainage, existing and proposed drainage patterns shall be shown on the plot plan.
B. 
Section R106.2.2 is added to read as follows:
R106.2.2 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.
C. 
Section R106.2.3 is added to read as follows:
R106.2.3 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.
D. 
Section R106.6 is added to read as follows:
R106.6 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/documents 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 R109.1.1 of this code.
(Ord. CS-437 § 11, 2022)
A. 
Section R109.1 is amended to read as follows:
R109.1 Types of inspections.
For on-site construction, from time to time the building official, upon notification from the permit holder or his agent, shall make or cause to be made any necessary inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his or her agent wherein the same fails to comply with the code. The enforcing agency upon notification of the permit holder or their agent shall within a reasonable time make the inspections set forth in Section R109.1.1, R109.1.1.1, R109.1.3, R109.1.4, R109.1.4.1, R109.1.4.2, R109.1.5, R109.1.5.1, R109.1.5.2, R109.1.5.3, R109.1.6, R109.1.6.1 and R109.1.6.2.
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.
Note: Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining the approval of the enforcing agency.
B. 
Section R109.1.1 is amended to read as follows:
R109.1.1 Foundation inspection.
Inspection of the foundation and footings shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation or footings shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports or equipment and special requirements for wood foundations. Materials for the foundation shall be on the job except where concrete is ready mixed in accordance with ASTM C94. Under this circumstance, concrete is not required to be at the job site.
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.
The building official may grant exemptions to these requirements for accessory buildings or structures, on a case-by-case basis, when sufficient physical evidence (such as survey monuments) exists from which it can be demonstrated that the accessory building or structure is located in relation to property lines as shown on the approved plans.
C. 
Section R109.1.2.1 is added to read as follows:
R109.1.2.1 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 allow temporary occupancy of a site, prior to the primary use being re-established.
D. 
Section R109.1.6.3 is added to read as follows:
R109.1.6.3 Prior to release of occupancy of a building or structure.
When the building or structure is ready for final inspection and occupancy, the property owner or permit holder shall notify the building official. The building official will coordinate with other appropriate city/county functions 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.
E. 
Section R109.2 is amended to read as follows:
R109.2 Inspection agencies.
The building official is authorized to accept reports of approved inspection agencies, licensed Engineers, licensed contractors or other qualified individuals, provided such agencies, licensed Engineers, licensed contractors or qualified individuals satisfy the requirements as to qualifications and reliability.
(Ord. CS-437 § 11, 2022; Ord. CS-422, 5/10/2022)
Section R111.4 is added to read as follows:
R111.4 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.
R111.4.1 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 § 11, 2022)
Section R901.1 is amended to read as follows:
R901.1 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 Section R308.6 and Chapter 9. Use of plastics in roofs shall comply with R316 and Chapter 9. Solar photovoltaic energy collectors located above or upon a roof shall be class A fire rated.
(Ord. CS-437 § 11, 2022)