The 2022 California Residential Code, based on the 2021 International
Residential Code as published by the International Code Council, is
hereby adopted by reference and made part of this Code subject to
the following amendments:
Section R101 Division II Administration is hereby
amended to read as follows:
(1) Section R101.1, “Title,” is hereby amended to
read as follows:
These provisions shall be known as the California Residential
Code of the City of San Juan Capistrano, and shall be cited as such
and will be referred to herein as “this code.”
(2) Section R101.2, “Scope,” is hereby amended to
add the following:
The provisions of these codes shall apply to and affect all
of the territory of the City of San Juan Capistrano, except work located
primarily in a public way; public utility towers and poles; hydraulic
flood control structures; facilities for the production, generation,
storage or transmission of water or electrical energy by a local agency;
and except as exempted by these codes.
(3) Section R105.2, “Work exempt from permit,” is
hereby amended by modifying “Building” to read as follows:
Building:
1. One-story
detached accessory buildings used as tool and storage sheds, playhouses
and similar uses and structures such as portable shade cloth structures,
provided the floor area does not exceed 120 square feet. Such structures
must comply with the setback and height requirements of the City Zoning
Ordinance and the Fire Code.
2. Wood,
vinyl, wrought iron, or similar fences not over 7 feet high measured
from the bottom of the footing. Masonry or concrete fences not over
36 inches in height measured from the top of footing to top of wall.
4. Retaining
walls that are not over 48 inches in height measured from the bottom
of footing to top of wall unless supporting a building or slope surcharge,
located at the top of a slope or impounding Class I, II or II-A liquids.
5. Water
tanks supported directly on grade if the capacity does not exceed
5,000 gallons and the ratio of height to diameter or width does not
exceed 2:1.
6. Decks,
platforms or similar structures not exceeding 200 square feet in area
not more than 30 inches above adjacent grade at any point, not attached
to a dwelling and do not serve the exit door required by Section R311.4.
7. Painting,
papering, tiling, carpeting, cabinets, counter tops and similar finish
work that does not involve electrical, mechanical or plumbing work.
8. Prefabricated
swimming pools accessory to a Group R-3 occupancy that are less than
18 inches deep, do not exceed 5,000 gallons and are installed entirely
above ground.
9. Shade
cloth structures constructed for nursery or agricultural purposes,
not including service systems.
10. Swings and other playground equipment accessory to detached one-
and two-family dwellings.
11. Window awnings supported by an exterior wall that do not project
more than 54 inches from the exterior wall and do not require additional
support of Group R-3 and U occupancies.
12. Radio and television antenna, flagpoles not over 12 feet in height
measured from grade.
13. The replacement in-kind of the cumulative total of no more than 32
square feet of the following: existing exterior plaster (stucco) or
exterior siding, non-structural roof or floor sheathing, fascia boards
or drywall, provided none of the materials are part of a fire-resistive
assembly.
14. Stair, steps or landings constructed on grade provided they are not
higher than 30 inches above grade at any point, not connected to any
structure, not greater than 200 square feet in cumulative area and
not part of a means of egress from any structure.
Unless otherwise exempted, separate plumbing, electrical
and mechanical permits will be required for the above-exempted items.
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(4) Section 105.3.2, "Time limitation of Application," is hereby
amended to read as follows:
105.3.2 An application for a permit for any proposed work shall
expire one calendar year after the date of filing unless a permit
is issued or a request to extend this one-year period is submitted
prior to the expiration date and approved by the Building Official,
and further provided that the adopted codes have not changed from
the date of initial application submittal. The Building Official is
authorized, but is not required, to grant one or more extensions of
time not exceeding 180 calendar days per extension. An extension request
shall be in writing with justifiable cause demonstrated by the applicant.
(5) Section 105.5, "Expiration," is hereby amended to strike Section
105.5.1 in its entirety and for Section 105.5. to read in its entirety
as follows:
R105.5 A permit for any proposed work shall expire one calendar
year after the date of issuance unless the work authorized by such
permit is commenced or a request to extend this one-year period is
submitted prior to the expiration date and approved by the Building
Official. The Building Official is authorized, but is not required,
to grant one or more extensions of time not exceeding 180 calendar
days per extension. An extension request shall be in writing with
justifiable cause demonstrated by the applicant.
Permit renewal after expiration. Before work can reconvene after
a permit expires, a new permit shall first be obtained to do so, and
the fee 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 suspension or abandonment has not exceeded one year. In
order to renew action on a permit, after having expired one year or
longer, if there are changes to the original design or if the original
permit was issued under a previous code cycle, the permittee shall
pay all new fees and submit plans for review under the latest adopted
codes.
(6) Section R106.1, “Submittal documents,” is hereby
amended to add a second paragraph that reads:
A soils report, prepared by an Engineer licensed by the State
of California to practice as such, shall be submitted at the time
of permit application. A soils report is required for all new construction
and additions, including accessory dwelling units. The Building Official
may waive the requirement of soil report if it is found that the scope
of work applied for is not necessary to have a soil report.
(7) Section R106.3, “Examination of documents,” is
hereby amended to add a second paragraph that reads:
When submittal documents are required by Section R106.1, a plan
review fee shall be paid at the time of submitting the documents for
plan review. Said plan review fees are separate fees from the permit
fees specified in Section R108.2 and are in addition to the permit
fees. Said plan review fee shall be as set forth in the City Council
Fee Resolution.
(8) Section R106.5, “Retention of construction documents,” is hereby amended to add a second paragraph that reads:
The approved plan, permit application and inspection card and
other construction documents required by the Building Official shall
be digitally imaged after the final inspection and will be a permanent
record in the City. The applicant shall pay the cost of digital imaging
at the time of permit.
(9) Section R108.2, “Schedule of permit fees,” is
hereby amended to add a sentence at the end of the paragraph that
reads:
The fee for each permit shall be as set forth in the City Council
Fee Resolution unless otherwise specified by the code.
(10) Section R108.3, “Building permit valuations,” is hereby amended to add a second paragraph that reads:
The valuation shall be determined by using rational methods
established by the Building Official that reasonably establish the
construction value or the contract price of the actual construction
cost. The value to be used in computing the Building Permit and Building
Plan Review fees shall be the total value of all construction work
for which the permit is issued, as well as all finish work, painting,
roofing, electrical, plumbing, heating, air conditioning, elevators,
fire extinguishing systems and any other permanent equipment.
(11) Section R108.6, “Work commencing before permit issuance,” is hereby amended to add a second paragraph that reads:
An investigation fee, in addition to the permit fee, shall be
collected whether or not a permit is then or subsequently issued.
The investigation fee shall be equal to the amount of the permit fee
required by this code. The payment of such investigation fee shall
not exempt any person from compliance with all other provisions of
this code nor from any penalty prescribed by law.
(12) Section R108.5, “Refunds,” is hereby amended
to read in its entirety:
R108.5 Refunds.
The building official may authorize refunding of not more than
80 percent of the permit fee paid when no work has been done under
a permit issued in accordance with this code.
The building official may authorize refunding of not more than
80 percent of the plan review fee paid when an application for a permit
for which a plan review has been paid is withdrawn or canceled before
any plan reviewing is done.
The building official shall not authorize refunding of any fee
paid except on written application filed by the original permittee
not later than 180 days after the date of payment.
(13) Section R108, “Fees,” is hereby amended
by adding a new Subsection R108.7 Fees/deposits as follows:
R108.7 Fees/deposit. The Building Official may require a deposit
from the applicant for a certain project or work in order to secure
the request for final inspection approvals from the applicant or the
repairing of damaged City properties during the period of construction.
The deposit money will be refunded to the applicant when the final
inspections are approved or the damages are repaired to the satisfaction
of the City. The deposit amount shall not be more than twice the permit
fee.
(14) Section R109, “Inspections,” is hereby amended
by adding a new Subsection R109.5, “Re-inspections,” as follows:
R109.5 Re-inspections. A re-inspection fee may be assessed for
each inspection or re-inspection when such portion of work for which
inspection is called is not complete or when corrections previously
called for are not made.
This subsection is not to be interpreted as requiring re-inspection
fees the first time a job is rejected for failure to comply with the
requirements of this Code, but as controlling the practice of calling
for inspections before the job is ready for such inspection or re-inspection.
Re-inspection fees may be assessed when the inspection record
card is not posted or otherwise made 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 inspection is requested, or
for deviating from plans requiring the approval of the Building Official.
To obtain a re-inspection, the applicant shall first pay the
re-inspection fee as established by the City Council Fee Resolution.
In instances where re-inspection fees have been assessed, no
additional inspection of the work will be performed until the required
fees have been paid.
(15) Section R112.1, “General,” is hereby amended
to read as follows:
R112.1 General. Any person adversely affected by a decision,
order, or determination by the Building Official under the California
Building Code may appeal the matter to the City Building Standards
Appeal Board pursuant to the appeal provisions as established by City
Council resolution.
(16) Section R110.1, “Use and change of occupancy,” is hereby amended to read as follows:
No construction or erection of a building or structure shall
be used or occupied, and no change in the use or existing occupancy
classification of any building or structure or portion thereof shall
be made until the Building Official has issued a certificate of occupancy
upon a Final approval of permit(s) for said building or structure
in accordance with the provisions of Section R110.2. Issuance of a
certificate of occupancy shall not be construed as an approval of
a violation of the provisions of this code or of other ordinances
of the City.
(17)
Section R110.3,
“Certificate issued,” is hereby amended to read
as follows:
(a) The Building Official shall not issue a certificate of occupancy
for any building or structure subject to this code when the Building
Official has found violation(s) of any municipal code, county code
or applicable state law provision related to any form of building
or grading activity occurring on the subject property.
(b) If the Building Official determines that a certificate of occupancy
may be issued as in conformance with the requirements of this Code,
the certificate shall contain the following:
1. The building permit number
2. The address of the building
3. The name and address of the owner
4. A description of that portion of the building for which the C of
O is issued
5. A statement that the described portion of the building has been inspected
for Compliance with the requirements of this code for the group and
division of Occupancy and the use
6. The name of the Building Official
7. The addition of the code under which the permit was issued
11. Whether an automatic fire sprinkler system was provided and where
12. Any special stipulations or conditions of the building permit
(18)
Chapter 2, “Definitions,” is adopted in its entirety with the following amendment:
Section 202, “Definitions,” is hereby
revised by adding “OCFA,” “Spark Arrester,”
and “Independent Structure or Building,” as follows:
OCFA. Orange County Fire Authority, fire authority
having jurisdiction.
SPARK ARRESTER. A listed device constructed of
noncombustible material specifically for the purpose of meeting one
of the following conditions:
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1.
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Removing and retaining carbon and other flammable particles/debris
from the exhaust flow of an internal combustion engine in accordance
with California Vehicle Code Section 38366.
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2.
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INDEPENDENT STRUCTURE or BUILDING. A structure
or building on one parcel shall be considered an independent structure
or building when physically separated from any other structure or
building. For Building Code purposes, two or more independent structures
or buildings on one parcel are considered one structure or building
when connected by at least one structurally and electrically continuous
footing AND connected by at least one exterior wall joining top and
bottom plates of each structure.
(19)
Chapter 3, “Building
Planning,” is adopted in its entirety with the following
amendments and additions:
(a) Table R301.2, “Climatic and geographic design criteria,” is hereby amended to read as follows:
(b) Section R302.15, “Fuel Modification Requirements for
New Construction,” is hereby added as follows:
R302.15 Fuel Modification Requirements for New Construction.
All new structures and facilities adjoining land containing hazardous
combustible vegetation shall be approved and in accordance with the
requirements of OCFA Guideline C-05 “Vegetation Management Guideline
- Technical Design for New Construction Fuel Modification Plans and
Maintenance Program.”
(c) Section R309.6, “Fire sprinklers, attached garages and
carports with habitable space above,” is hereby amended
by modifying the exception to read as follows:
Exception: An automatic residential fire sprinkler system shall
not be required when additions or alterations are made to existing
carports and/or garages that do not have an automatic fire sprinkler
system installed unless a sprinkler system is required in accordance
with California Fire Code Section 903.2.8.
(d) Section R313.1, “Townhouse automatic fire sprinkler systems,” is hereby amended by modifying the exception to read as follows:
Exception: An automatic residential fire sprinkler system shall
not be required when additions or alterations are made to existing
townhouses that do not have an automatic fire sprinkler system installed
unless a sprinkler system is required in accordance with California
Fire Code Section 903.2.8.
(e) Section R313.2, “One- and two-family dwellings automatic
fire sprinkler systems,” is hereby amended by modifying
the exception to read as follows:
Exception: 1. An automatic residential fire sprinkler system
shall not be required for additions or alterations to existing buildings
that are not already provided with an automatic sprinkler system unless
a sprinkler system is required in accordance with California Fire
Code Section 903.2.8.
(f) Section R313.3.6.2.2, “Calculation procedure,” is hereby revised by amending its first paragraph to read as follows,
and otherwise leaving the remainder of the section unchanged:
R313.3.6.2.2 Calculation procedure. Determination of the required
size for water distribution piping shall be in accordance with the
following procedure and California Fire Code Section 903.3.5.3.
(The remainder of the section is unchanged)
(g) Section R337.1.3, “Application,” is hereby
revised to read as follows:
R337.1.3 Application. New buildings located in any Fire Hazard
Severity Zone or any Wildland-Urban Interface Fire Area designated
by the enforcing agency constructed after the application date, and
additions to and remodel of buildings constructed before 2012 located
in areas currently designated as such, shall comply with the provisions
of this chapter. The provisions shall also apply to additions, remodels,
and accessory structures located within 100 feet of a fuel modification
zone, vegetation management area, or similar area containing hazardous
combustible vegetation, regardless of whether the property is currently
located in a designated Fire Hazard Severity Zone or Wildland-Urban
Interface Area, when materials and/or construction methods for exterior
wildfire exposure were previously required at the property by the
Building or Fire Code Official.
Exceptions:
1. Buildings of an accessory character classified as a Group U occupancy
and not exceeding 120 square feet in floor area, when located at least
30 feet from an applicable building.
2. Buildings of an accessory character classified as a Group U occupancy
of any size located at least 50 feet from an applicable building.
3. Buildings classified as a Group U Agricultural Building, as defined
in Section 202 of this code (see also Appendix C - Group U Agricultural
Buildings), when located at least 50 feet from an applicable building.
(h) Section R337.1.6, “Fuel modification requirements for
new construction,” is hereby added as follows:
R337.1.6 Fuel modification requirements for new construction.
All new buildings to be built or installed in a Wildfire Risk Area
shall comply with the following:
1. Preliminary fuel modification plans shall be submitted to and approved
by the fire code official prior to or concurrently with the approval
of any tentative map.
2. Final fuel modification plans shall be submitted to and approved
by the fire code official prior to the issuance of a grading permit.
3. The fuel modification plans shall meet the criteria set forth in
the Fuel Modification Section of OCFA Guideline C-05, “Vegetation
Management Guideline – Technical Design for New Construction
Fuel Modification Plans and Maintenance Program.”
3.1. The fuel modification plan shall include provisions
for the maintenance of the fuel modification in perpetuity.
4. The fuel modification plan may be altered if conditions change. Any
alterations to the fuel modification areas shall have prior approval
from the fire code official.
5. All elements of the fuel modification plan shall be maintained in
accordance with the approved plan and are subject to the enforcement
process outlined in the Fire Code.
(i) Section R902, “Fire classification,” is
hereby amended to read as follows:
R902.1 Roof covering materials. Roofs shall be covered with
materials as set forth in Sections R904 and R905. Minimum Class A
roofing shall be installed in areas designated by this section. Class
A roofing required by this section to be listed shall be tested in
accordance with UL 790 or ASTM E 108.
R902.1.2 Roof coverings in all other areas. The entire roof
covering of every existing structure where more than 50 percent of
the total roof area is replaced within any one-year period, the entire
roof covering of every new structure, and any roof covering applied
in the alteration, repair or replacement of the roof of every existing
structure, shall be a fire-retardant roof covering that is at least
Class A.
(j) R902.2 is amended by revising its first paragraph to
allow only Class A treated wood shake or shingle roofs.
(20)
Chapter 10,
“Chimneys and Fireplaces,” is adopted in its entirety
with the following amendments:
(a) Section R1001.14, “Outdoor fireplaces, fire pits, fire
rings, or similar devices,” is hereby added as follows:
R1001.14 Outdoor fireplaces, fire pits, fire rings, or similar
devices. Outdoor fireplaces, fire pits, fire rings, or similar exterior
devices shall comply with this section.
Exception: Barbeques, grills, and other portable devices intended
solely for cooking.
(b) Section R1001.14.1, “Listed devices, clearances and spark
arresters,” is hereby added as follows:
R1001.14.1 Outdoor fireplaces, fire pits and similar devices
are allowed when approved by the Building Division and the device
is listed and designed to burn only liquefied-petroleum gas, natural
gas or wood. Combustible construction shall not be located above or
within 15 feet horizontally from the perimeter of the device. Where
chimneys or vents are installed, they shall have a spark arrester
in accordance with Section R1003.9.2.
(c) Section R1001.14.2, “Devices using wood or fuels other
than natural gas or liquefied-petroleum gas,” is hereby
added as follows:
R1001.14.2 Devices using wood or fuels other than natural gas
or liquefied petroleum gas. Masonry fireplaces burning wood or other
solid fuel shall be constructed in accordance with Section R1001 or
be devices listed for the intended use and approved by the Building
Division. Fires in a fireplace shall be contained within a firebox
with an attached chimney. The opening in the face of the firebox shall
have an installed and maintained method of arresting sparks. The burning
of wood or other solid fuel in a device is not allowed within 25 feet
of combustible construction unless the listed and approved device
allows for other clearances.
(d) Section R1001.14.3, “Where permitted,” is
hereby added as follows:
R1001.14.3 Where permitted. Unless specifically allowed by the
Fire Code Official, the burning of wood and other solid fuels shall
not be conducted within a fuel modification zone, therefore, wood
and other solid fuel burning devices are not allowed within Wildfire
Risk Areas (WRA) and adopted Fire Hazard Severity Zones (FHSZ) or
in locations where conditions could cause the spread of fire to the
WRA, FHSZ or other areas as determined by the Fire Code Official.
(21)
Chapter 44,
“Referenced Standards,” is adopted in its entirety
with the following amendments:
(a) Section 9.2.1.7 of NFPA 13, 2022 Edition, “Installation
of Sprinkler Systems,” is hereby revised as follows:
9.2.1.7 Concealed spaces filled with noncombustible insulation
shall not require sprinkler protection when approved by
fire code official.
(b) Section 19.2.3.1.1.1 is hereby added as follows:
19.2.3.1.1.1 The available water supply for fire sprinkler system
design shall be determined by one of the following methods, as approved
by the Fire Code Official:
(1) Subtract the project site elevation from the low water level for
the appropriate pressure zone and multiply the result by 0.433;
(2) Use a maximum of 40 psi, if available;
(3) Utilize the OCFA water-flow test form/directions to document a flow
test conducted by the local water agency or an approved third party
licensed in the State of California.
(22) NFPA 13D, 2022 Edition, “Installation of Sprinkler Systems
in One- and Two-Family Dwellings and Manufactured Homes,” is hereby amended as follows:
Section 7.1.2 is hereby revised to read as follows:
7.1.2 The sprinkler system piping shall not have separate control
valves installed unless supervised by a central station, proprietary,
or remote station alarm service.
(23) Appendix AO, “Automatic Vehicular Gates,” is adopted with the added section indicated below:
Section AO103.3, “Vehicular gates or other barriers
across required fire apparatus access roads,” is hereby
added as follows:
AO103.3 Vehicular gates or other barriers across required fire
apparatus access roads. The installation of gates or other barriers
across a required fire apparatus access road shall be approved by
the fire code official. Gates or barriers shall be in accordance with
Orange County Fire Authority Guideline B-09 “Fire Master Plans
for Commercial and Residential Development.”
(24)
Appendix AX,
“Swimming Pool Safety Act,” is adopted in its entirety
with the amendments below:
(a) Section 115922 is hereby amended to read as follows:
115922(a) Except as provided in Section 115925, when a building
permit is issued for the construction of a new swimming pool or spa
or the remodeling of an existing swimming pool or spa at a private
single-family home, the respective swimming pool or spa shall be equipped
with item (1) below AND at least one additional following drowning
prevention features in items (2) through (7).
(b) Section 115923(f) is hereby added to read as follows:
115923(f) Any walls of the residential structure or accessory
structures used to complete the isolation enclosure must have any
door openings equipped with protection as required in Section 11592(a)(4)
or (5) or #5. Any such door protection device provided for this purpose
may not be used to comply with the second drowning prevention feature
in Section 115922.
(Ord. No. 978, § 9, 2010; Ord. No. 981, § 9, 2011; Ord. No. 1005, § 9, 2013; Ord. No. 1040, § 9, 2016; Ord. No. 1073, § 9, 2019; Ord. No. 1107, § 10, 2022; Ord. No. 1108, § 10, 2023; Ord. No. 1114, 10/3/2023)