Loading...
CC 2020-11-10_11b Introduce Ordinance Building Codes Adoption MEMORANDUM TO: CITY COUNCIL FROM: WHITNEY MCDONALD, CITY MANAGER/ACTING COMMUNITY DEVELOPMENT DIRECTOR BY: JOHNATHAN R. HURST, BUILDING OFFICIAL SUBJECT: CONSIDERATION OF ADOPTION OF RESOLUTION AND INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PROVISIONS IN CHAPTERS 8.04. AND 15.04 OF THE ARROYO GRANDE MUNICIPAL CODE RELATED TO THE ADOPTION BY REFERENCE OF THE 2019 CALIFORNIA FIRE CODE, 2018 INTERNATIONAL FIRE CODE, 2019 CALIFORNIA BUILDING CODE, 2018 INTERNATIONAL BUILDING CODE, 2019 CALIFORNIA RESIDENTIAL CODE, 2018 INTERNATIONAL RESIDENTIAL CODE, 2019 CALIFORNIA ELECTRICAL CODE, 2019 CALIFORNIA MECHANICAL CODE, 2019 CALIFORNIA PLUMBING CODE, 2019 CALIFORNIA GREEN BUILDING CODE, 2019 CALIFORNIA EXISTING BUILDING CODE, 2018 INTERNATIONAL EXISTING BUILDING CODE, 2019 CALIFORNIA ENERGY CODE, 2019 CALIFORNIA HISTORICAL BUILDING CODE, AND THE 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE, AMENDING SECTION 15.10.040 RELATED TO STOP WORK NOTICES, AND REPEALING ARROYO GRANDE MUNICIPAL CODE SECTION 8.32.200 RELATING TO RECYCLING OF CONSTRUCTION AND DEMOLITION DEBRIS DATE: NOVEMBER 10, 2020 SUMMARY OF ACTION: Adoption of a Resolution making findings to support amendments and changes to the California Fire Code, California Building Code, California Residential Code and International Property Maintenance Code and Introduction of an Ordinance amending portions of the Municipal Code will adopt the most recent editions of the California Building Standards Codes and Fire Code related to fire and life safety. IMPACT ON FINANCIAL AND PERSONAL RESOURCES: No fiscal impact. There will be minimal impact on staff time. RECOMMENDATION: It is recommended the City Council: 1) Adopt a Resolution making findings to support amendments and changes to the 2019 California Fire Code, 2019 California Building Code, 2019 California Residential Code, and 2018 International Property Maintenance Code, 2) Introduce an Ordinance amending provisions of the Arroyo Grande Municipal Code and adopting by reference the various 2019 California Building Codes and 2019 Fire Code, as well as the 2018 International Fire Code, 2018 International Existing Building Code, and 2018 International Property Maintenance Code; and 3) Schedule a public hearing for November 24, 2020, in accordance with the requirements of Government Code Section 50022.3, to consider adoption of the Ordinance. Item 11.b. - Page 1 CITY COUNCIL CONSIDERATION OF A PROPOSED ORDINANCE ADOPTING BUILDING AND FIRE CODES AND AMENDING PORTIONS OF TITLE 8 (FIRE CODE) AND TITLE 15 OF THE ARROYO GRANDE MUNICIPAL CODE NOVEMBER 10, 2020 PAGE 2 BACKGROUND: The State's Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to fire and life safety. The construction codes include the 2019 California Building, Fire, Residential, Plumbing, Mechanical, and Electrical Codes, the Green Building Code, and other related codes. If the City Council adopts the proposed Ordinance, the most recent editions of the model building standards and construction codes with the applicable amendments will be in effect within the City of Arroyo Grande as provided by State law. In accordance with Government Code Section 50022.3 relating to the adoption of codes by reference, after the first reading of the title of the Ordinance and of the title of the codes to be adopted thereby, a public hearing is to be scheduled and notice provided in accordance with the statute. It is recommended that the public hearing be set for November 24, 2020. ANALYSIS OF ISSUES: The State's Health and Safety Code mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24 California Code of Regulations) every three (3) years. The 2019 Edition of the California Code of Regulations’ Title 24, which incorporates the below-listed model codes, became effective statewide on January 1, 2020. If adopted, the proposed Ordinance would adopt the applicable statewide model codes by reference and amend Chapters 8.04, 8.32, 15.04, and 15.10 of the Arroyo Grande Municipal Code by repealing references to the prior editions of the model building standards and construction codes. The list below identifies the model codes included in the 2019 version of standard building codes provided in Title 24 of the California Code of Regulations: California Building Standards Code 2019 California Building Code 2019 California Residential Code 2019 California Fire Code 2019 California Plumbing Code 2019 California Mechanical Code 2019 California Electrical Code 2019 California Existing Building Code 2019 California Green Building Code Reference Model Code 2018 International Building Code (lCC) 2018 International Residential Code (ICC) 2018 International Fire Code (ICC) 2018 Uniform Plumbing Code (IAPMO) 2018 Uniform Mechanical Code (IAPMO) 2017 National Electrical Code (NFPA) 2018 International Existing Building Code (lCC) Item 11.b. - Page 2 CITY COUNCIL CONSIDERATION OF A PROPOSED ORDINANCE ADOPTING BUILDING AND FIRE CODES AND AMENDING PORTIONS OF TITLE 8 (FIRE CODE) AND TITLE 15 OF THE ARROYO GRANDE MUNICIPAL CODE NOVEMBER 10, 2020 PAGE 3 The model building standards and construction codes proposed for adoption by reference with amendments include the following: 2019 California Building Code 2019 California Residential Code 2019 California Fire Code 2019 California Plumbing Code 2019 California Mechanical Code 2019 California Electrical Code 2019 California Existing Building Code 2019 California Green Building Code 2019 Historical Building Code 2019 Energy Code The 2018 International Property Maintenance Code is also proposed for adoption by reference with amendments. This code is based upon and is consistent with the provisions found in the California Building Code. The benefit of adopting this additional code is to provide building and fire inspectors/officials and plans examiners with further clarification of the intent and the applicability of the California Building Code when presented with a variety of construction issues. In addition to the codes recommended for adoption by reference, the City’s Building and Life Safety Division is recommending that certain changes and modifications to the 2019 Editions of the California Building, Residential, Fire, Plumbing, and Green Building Code be adopted as reasonably necessary due to local conditions in the City of Arroyo Grande. A Resolution has also been prepared for City Council consideration to make specific findings related to local climatic, geographic, or topographic conditions, as required by Health and Safety Code Sections 18941.5 and 17958.7, that are necessary to enable the City to amend the new building and related codes to meet the City’s unique local conditions. One significant change is the rewording of the fire sprinkler requirement for additions and alterations. Since January of 2008, the City of Arroyo Grande has amended the State code with requirements for fire sprinklers in alterations and additions encompassing more than 50% of the existing structure which result in a total square footage in excess of 1,000 square feet. The cities of Grover Beach and Pismo Beach have adopted similar fire sprinkler requirements applicable in their jurisdictions. Section 2 of the City’s proposed fire sprinkler amendment includes clarification as to what is considered a “More hazardous use” by including the Hazard Category Table that the City of Pismo Beach and others have used from the International Existing Building Code. Also included is a portion of a previously omitted section of the Building and Fire Codes regarding locations that manufacture, store, or handle cellulose nitrate film or pyroxylin plastics, as this an extremely hazardous and flammable solid that necessitate fire sprinklers. The final point Item 11.b. - Page 3 CITY COUNCIL CONSIDERATION OF A PROPOSED ORDINANCE ADOPTING BUILDING AND FIRE CODES AND AMENDING PORTIONS OF TITLE 8 (FIRE CODE) AND TITLE 15 OF THE ARROYO GRANDE MUNICIPAL CODE NOVEMBER 10, 2020 PAGE 4 of clarification included in the proposed ordinance is to add clarification regarding how to measure actual floor area, as this has been an occasional issue in practice over the past few years. Over the years, compliance with these requirements results in safer places for residents and visitors to live, shop, worship, and relax due to a lowered risk of catastrophic fire damage. In addition, installation of fire sprinklers provides an opportunity for reduced property insurance rates for homeowners and businesses. For instance, the City’s Insurance Services Office (ISO) rating is generally improved through the implementation of fire sprinkler requirements. ISO is an independent statistical, rating, and advisory organization that serves the insurance industry and manages the Building Code Effectiveness Grading Schedule (BCEGS®) program. Since 1995, trained ISO field analysts have visited communities to survey and collect information on building code adoption and enforcement practices. They analyze the data and develop a Building Code Effectiveness Classification from 1 to 10 for both commercial and residential construction. Class 1 communities represent exemplary commitment to building code enforcement. Insurers can use the classifications to grant premium credits for buildings constructed in jurisdictions that enforce the latest code revisions. In May of 2017, the BCEGS program conducted a survey of our City, including review of adopted Building and Fire Codes and modifications to those codes such as the existing fire sprinkler requirements. This review resulted in a BCEGS class of 3 for 1 and 2 family dwellings, and a class 2 for all other construction in the City. Section 8.32.200 of the AGMC currently contains the City’s requirements for mandatory recycling of construction and demolition debris” and has been in place since before 2001. The State Green Building Standards Code, however, has become more and more restrictive when it comes to recycling of construction and demolition debris. For example; the Green Building Standards Code has increased its mandatory construction and building demolition debris recycling requirement from 50% to 65%. With the State code being more restrictive than our Municipal Codes, it is appropriate to repeal our existing section and rely on the State requirements, which are otherwise applicable. Additional proposed amendments address the length of time in which a permit is valid. Assembly Bill 2913 became effective January 1, 2019, and added new provisions to State law to create a statewide standard that provides that the duration of a building permit is one year, as opposed to the previously adopted provisions in building codes that provided that permits were valid for six months. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Resolution and introduce the Ordinance and schedule a public hearing for November 24, 2020, to consider final adoption of the Ordinance; Item 11.b. - Page 4 CITY COUNCIL CONSIDERATION OF A PROPOSED ORDINANCE ADOPTING BUILDING AND FIRE CODES AND AMENDING PORTIONS OF TITLE 8 (FIRE CODE) AND TITLE 15 OF THE ARROYO GRANDE MUNICIPAL CODE NOVEMBER 10, 2020 PAGE 5 2. Modify and adopt the Resolution, and/or modify and introduce the Ordinance and schedule the public hearing for November 24, 2020; or 3. Provide direction to staff. ADVANTAGES: Adoption of this Ordinance will keep the City of Arroyo Grande current and compliant with State law with respect to construction and building codes. The adoption of this Ordinance will also lower the City’s Insurance Services Office (ISO) rating, which has the potential of lowering insurance rates citywide. DISADVANTAGES: In general, the new model codes and amendments will implement more stringent requirements for construction, which may increase construction costs. However, these requirements provide for safer and more energy efficient buildings and are mandated by State law. ENVIRONMENTAL REVIEW: The project is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3), which is the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. PUBLIC NOTIFICATION AND COMMENTS: Staff met with representatives from neighboring jurisdictions to discuss the proposed Ordinance and amendments. The Agenda was posted in front of City Hall and on the City’s website in accordance with Government Code Section 54954.2. Item 11.b. - Page 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING FINDINGS SUPPORTING AMENDMENTS AND CHANGES TO 2019 CALIFORNIA FIRE CODE, 2019 CALIFORNIA BUILDING CODE, THE 2019 CALIFORNIA RESIDENTIAL CODE AND THE 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 17958.5, 17958.7 and 18941.5 WHEREAS, the Arroyo Grande City Council intends to pass an ordinance adopting and making amendments to the 2019 California Fire Code, the 2019 California Building Code, the 2019 California Residential Code, and the 2018 International Property Maintenance Code; and WHEREAS, California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 require the governing body of a city, before making any modifications or changes to the California Building Standards Codes, to make express findings that such modifications or changes are reasonably necessary because of local climatic, geographic, or topographic conditions; and WHEREAS, the Arroyo Grande City Council finds that amendments to the 2019 California Fire Code, the 2019 California Building Code, the 2019 California Residential Code, and the 2018 International Property Maintenance Code are reasonably necessary because of local climatic, geographic, or topographic conditions, as described further below. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. Pursuant to California Health and Safety Code Sections 17958.7 and 18941.5, the City of Arroyo Grande (“City”) modifies and makes amendments to the 2019 California Fire Code, the 2019 California Building Code, the 2019 California Residential Code, and the 2018 International Property Maintenance Code as further set forth in Ordinance No. ____ (collectively referred to herein as “Amendments”), which Amendments are more restrictive in nature than those found in those sections adopted by the State of California and are based on the local climatic, geological, or topographical conditions and findings (collectively “Findings”) referenced herein below. The Amendments address the fire problem(s) and building problem(s), concern(s), and future direction(s), by which the City can establish and maintain an environment which will afford an adequate level of fire and life safety protection to its citizens and guests. The Findings contained herein shall address each of the Amendments and Item 11.b. - Page 6 RESOLUTION NO. PAGE 2   shall present the local situation, which either singularly or in combination, creates the need for the Amendments to be adopted. 2. The City Council hereby makes the following Findings: 1. CLIMATIC: Climatically, the City has dry warm summer and early fall conditions (as well as moderate late fall and winter conditions) with dry winds which remove moisture from vegetation. Further, the City frequently experiences Santa Ana wind conditions which exacerbate fire hazards and potential spread of fire within the area, both in rural and urban settings. Coastal ground fog is a common occurrence. This climatic condition could obscure vision, compromising early detection of fire as well as impeding radio deployment of fire equipment to and at the scene of the emergency. 2. GEOGRAPHIC: Geographically, the City is located in an area prone to frequent seismic activity which has a high potential for large scale, simultaneous building and infrastructure damage, including fire. A major seismic event would create a community-wide demand on fire protection services, which would be beyond the response capability of the Fire Authority. This potential problem can be partially mitigated by requiring initial fire control through the installation of automatic fire protection systems. Further, the City has numerous older and historic buildings and structures which can often fail due to moderate seismic activity. Additions, alterations, and repairs of these antiquated structures need to be properly addressed. Additionally, the many foothills and surrounding mountains are prime sites for residential development. These hillside residential sites, together with isolated rural and semi-rural settings of the City, create difficult conditions in which to provide immediate fire response. The City is heavily vegetated throughout and encourages native wildlife protection and enhancement. As the community is developing and housing densities increase, the planting of shrubs and trees and other landscape is encouraged to beautify and enhance City living conditions. However, this increased density results in much higher fuel loads that, together with increased planting and combined with native vegetation, significantly increases fire hazards and fire spreading from one dwelling or structure to another. 3. TOPOGRAPHIC: The topographic element of these findings is closely associated with the geographical elements noted above. While the geographic features create the Item 11.b. - Page 7 RESOLUTION NO. PAGE 3   topographic conditions, the findings in this section are, for the most part, a result of the construction and design of the City. Highway 101 completely traverses and bisects the City. There are only three over/underpasses allowing access to either side of the City. These physical barriers create barriers to emergency response. 3. The Findings that are made for the local amendments to the 2019 California Fire Code, the 2019 California Building Code, 2019 the California Residential Code and the 2018 International Property Maintenance shall be filed with the State of California Building Standards Commission. On motion by Council Member _________, seconded by Council Member _______, and on the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted this 10th day of November, 2020. Item 11.b. - Page 8 RESOLUTION NO. PAGE 4   ___________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ___ KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: _________________________________ WHITNEY MCDONALD, CITY MANAGER APPROVED AS TO FORM: ___________________________________ TIMOTHY J. CARMEL, CITY ATTORNEY Item 11.b. - Page 9 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PROVISIONS IN CHAPTERS 8.04. AND 15.04 OF THE ARROYO GRANDE MUNICIPAL CODE RELATED TO THE ADOPTION BY REFERENCE OF THE 2019 CALIFORNIA FIRE CODE, 2018 INTERNATIONAL FIRE CODE, 2019 CALIFORNIA BUILDING CODE, 2018 INTERNATIONAL BUILDING CODE, 2019 CALIFORNIA RESIDENTIAL CODE, 2018 INTERNATIONAL RESIDENTIAL CODE, 2019 CALIFORNIA ELECTRICAL CODE, 2019 CALIFORNIA MECHANICAL CODE, 2019 CALIFORNIA PLUMBING CODE, 2019 CALIFORNIA GREEN BUILDING CODE, 2019 CALIFORNIA EXISTING BUILDING CODE, 2018 INTERNATIONAL EXISTING BUILDING CODE, 2019 CALIFORNIA ENERGY CODE, 2019 CALIFORNIA HISTORICAL BUILDING CODE, AND THE 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE, AMENDING ARROYO GRANDE MUNICIPAL CODE SECTION 15.10.040 RELATED TO STOP WORK NOTICES, AND REPEALING ARROYO GRANDE MUNICIPAL CODE SECTION 8.32.200 RELATING TO RECYCLING OF CONSTRUCTION AND DEMOLITION DEBRIS WHEREAS, the City of Arroyo Grande (“City”) is a municipal corporation organized under the laws of the State of California; and WHEREAS, pursuant to California Health and Safety Code Section 17921, the State of California (“State”) must adopt and enforce regulations for the protection of the public governing the construction, alteration, demolition, occupancy, or other use of buildings; and WHEREAS, pursuant to California Health and Safety Code Section 17958, cities may adopt ordinances imposing the California Building Standards requirements as established by the State; and WHEREAS, the City desires to amend its Municipal Code to adopt the most recent editions of the California Building Standards Codes and Fire Codes established by the State; and WHEREAS, pursuant to California Health and Safety Code Section 17958.7, a city may make local amendments to the State code requirements if it makes express findings that such amendments are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, it is the desire and intent of the City Council to provide citizens with the greatest degree of protection from fire; and WHEREAS, the City Council has adopted Resolution No. _____ making findings that the changes or modifications to measures referred to herein are reasonably necessary because of local climatic, geographical, or topographical conditions in the area encompassed by the boundaries of the City of Arroyo Grande; and Item 11.b. - Page 10 ORDINANCE NO. PAGE 2   WHEREAS, additionally, by this Ordinance, the City Council desires to make general corrections to its Municipal Code in order to ensure internal consistency with other modifications set forth herein. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1. The above recitals and findings are true and correct and are incorporated herein by this reference. SECTION 2. Arroyo Grande Municipal Code (“AGMC”) Section 8.04.010, entitled “Adoption of the California Fire Code”, is hereby amended as follows: 8.04.010 Adoption of California Fire Code. There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, that certain code known as the 2019 California Fire Code, including Appendix Chapters 4, A, B, BB, C, CC, D, E, F, H, I and O; the 2018 International Fire Code, and the 2018 International Property Maintenance Code as published by the International Code Council, the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by the rest of this chapter, one copy of which has been and is now filed in the office of building and life safety of the City of Arroyo Grande and the same is hereby adopted and incorporated as fully as if set out in full herein, and from the date on which this ordinance shall take effect, the provision thereof shall be controlling within the limits of the city of Arroyo Grande. SECTION 3. AGMC Section 8.04.016, entitled “Section 109.4 amended: Violation penalties”, is hereby amended as follows: 8.04.016 Section 109.4 amended: Violation penalties. A. Section 110.4 of the 2019 California Fire Code is amended to read as follows: Persons who shall violate the provisions of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire chief or the building official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ( $1,000.00) dollars or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. SECTION 4. AGMC Section 8.04.018, entitled “Section 111.4 amended: Failure to comply”, is hereby amended as follows: 8.04.018 Section 112.4 amended: Failure to comply. A. Section 112.4 of the 2019 California Fire Code is amended in its entirety to read as follows: Any person who shall continue any work after having been served with a stop work order, except such work as the person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than triple the amount charged for the original Item 11.b. - Page 11 ORDINANCE NO. PAGE 3   permit fee(s) or one thousand dollars ($1,000.00), provided, however, that the maximum fine shall not exceed one thousand dollars ($1,000.00). Each day that a violation continues shall be deemed a separate offense. SECTION 5. AGMC Section 8.04.020, entitled “Section 903.2 amended – Approved Automatic sprinkler systems” is hereby amended as follows: 8.04.20 Section 903.2 amended – Automatic sprinkler systems. Sections 903.2 through 903.2.11.3 of the 2019 California Fire Code shall be deleted in its entirety and replaced with the following: 903.2 Where required. Automatic sprinkler systems shall be installed in the following locations: 1. In all new buildings and structures that exceed 1,000 square feet. 2. In additions or alterations for all buildings or structures as follows: a. Throughout structures where additions add more than 50% of the existing square footage to the structure AND results in a total square footage in excess of 1,000 (one thousand) square feet. b. Throughout existing structures where alterations encompass more than 50% of the existing square footage of the structure AND is in excess of 1,000 (one thousand) square feet. c. Throughout structures where additions and alterations combined encompass more than 50% of the existing square footage of the structure AND are in excess of 1,000 (one thousand) square feet. d. Where there is a change of occupancy to a more hazardous use as determined by the building official or fire chief based on Table 903.2.1: Table 903.2.1 Hazard Categories Relative Hazard Occupancy Classifications 1 (Highest Hazard) H 2 I-2, I-2.1, I-3, I-4, L 3 A, E, I-1, M, R-1, R-2, R-2.1, R-4 4 B, F-1, R-3, R-3.1,S-1 5 (Lowest Hazard) F-2, S-2, U e. These requirements will be applicable to the combined square footage of all building permits issued for the address or site within the last five years. Buildings or structures separated by less than ten (10) feet shall be considered as a single building or structure unless separation is provided by a permitted, code compliant, rated assembly. f. In buildings, or portions thereof, where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled. Item 11.b. - Page 12 ORDINANCE NO. PAGE 4   For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area within the surrounding exterior walls shall be considered as one building (measured from the exterior surface of these exterior walls). For the purpose of calculating square footage for the application of fire sprinkler requirements and fire flow, the floor area shall be as defined by Floor Area Gross in Section 202 of this code. SECTION 6. AGMC Section 8.04.022, entitled “Appendix D 2013 California Fire Code section D107.1”, is hereby amended as follows: 8.04.022 Appendix D 2019 California Fire Code Section D107.1. Appendix D 2019 California Fire Code section D107.1 is hereby amended as follows: delete exception 1. SECTION 7. AGMC Section 8.04.028, entitled “Amendments – 2015 International Property Maintenance Code”, is hereby amended as follows: 8.04.028 Amendments – 2018 International Property Maintenance Code. A. All references within the code to the International Code, as adopted by Section 15.04.010(J), shall read: California Code. B. The following section of the 2018 International Property Maintenance Code is amended in its entirety to read as follows: Section 112.4—Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as the person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than triple the amount charged for the original permit fee(s) or $1,000 provided, however, that the maximum fine shall not exceed one thousand dollars ($1,000.00). Each day that a violation continues shall be deemed a separate offense. SECTION 8. AGMC Section 8.04.030, entitled “Section 103 amended – Fees”, is hereby amended as follows: 8.04.030 Section 103 amended - Fees. Section 103.5 of the 2018 International Property Maintenance Code, entitled "Fees," is amended in its entirety to read as follows: 103.5 Fees. The fees for activities and services performed by this department in carrying out its responsibilities under this code shall be set and amended from time to time by resolution of the city council. SECTION 9. AGMC Section 8.32.200 entitled “Mandatory recycling of construction and demolition debris” is hereby repealed. SECTION 10. AGMC Section 15.04.010, entitled “Building and construction codes adopted”, is hereby amended as follows: 15.04.010 Building and construction codes adopted. A. California Building Code. The 2019 California Building Code, including the 2018 International Building Code and Appendix Chapters, B, G, I and J, as amended, is Item 11.b. - Page 13 ORDINANCE NO. PAGE 5   adopted by the City of Arroyo Grande and incorporated herein by this reference as though set forth in full. B. California Residential Code. The 2019 California Residential Code, including the 2018 International Residential Code and Appendix Chapters H, Q and V as amended, is adopted by the City of Arroyo Grande and incorporated herein by this reference as though set forth in full. C. California Electrical Code. The 2019 California Electrical Code is adopted by the City of Arroyo Grande and incorporated herein by this reference as though set forth in full. D. California Mechanical Code. The 2019 California Mechanical Code, including all of the appendix chapters, is adopted by the City of Arroyo Grande and incorporated herein by this reference as though set forth in full. E. California Plumbing Code. The 2019 California Plumbing Code, as amended, including all of the appendix chapters, is adopted by the City of Arroyo Grande and incorporated herein by this reference as though set forth in full. F. California Energy Code. The 2019 California Energy Code, including all of the appendix chapters, is adopted by the City of Arroyo Grande and incorporated herein by this reference as though set forth in full G. California Historical Building Code. The 2019 California Historical Building Code, including all appendix chapters, is adopted by the City of Arroyo Grande and incorporated herein by reference as though set forth in full. H. California Existing Building Code. The 2019 California Existing Building Code, including the 2018 International Existing Building Code, and appendix A1, is adopted by the City of Arroyo Grande and incorporated herein by this reference as though set forth in full. I. California Green Building Code. The 2019 California Green Building Code, without appendices, is adopted by the City of Arroyo Grande and incorporated herein by this reference as though set forth in full. J. International Property Maintenance Code. The 2018 International Property Maintenance Code, as amended, is adopted by the City of Arroyo Grande and incorporated herein by this reference as though set forth in full. SECTION 11. AGMC Section 15.04.022, entitled “Residential graywater clothes washer systems”, is hereby amended as follows: 15.04.022 - Residential graywater clothes washer systems. All newly created dwelling units shall include a single-source clothes washer graywater outlet and an outside stub-out to allow the later installation of a graywater irrigation system as specified for Clothes Washer Systems in chapter 15 of the 2019 California Plumbing Code. The provisions of this section may be modified or waived when it can be satisfactorily demonstrated to the building official that compliance with these regulations is impractical due to construction or physical constraints, or due to site and/or soil conditions. Item 11.b. - Page 14 ORDINANCE NO. PAGE 6   SECTION 12. AGMC Section 15.04.024, entitled “Section 903.2 amended: Approved Automatic sprinkler systems”, is hereby amended as follows: 15.04.024 Section 903.2 amended - Automatic sprinkler systems. Sections 903.2 through 903.2.11.3. of the 2019 California Fire Code shall be deleted in its entirety and replaced with the following: 903.2 Where required. Automatic sprinkler systems shall be installed in the following locations: 1. In all new buildings and structures that exceed 1,000 square feet. 2. In additions or alterations for all buildings or structures as follows: a. Throughout structures where additions add more than 50% of the existing square footage to the structure AND results in a total square footage in excess of 1,000 (one thousand) square feet. b. Throughout existing structures where alterations encompass more than 50% of the existing square footage of the structure AND is in excess of 1,000 (one thousand) square feet. c. Throughout structures where additions and alterations combined encompass more than 50% of the existing square footage of the structure AND are in excess of 1,000 (one thousand) square feet. d. Where there is a change of occupancy to a more hazardous use as determined by the building official or fire chief based on Table 903.2.1: Table 903.2.1 Hazard Categories Relative Hazard Occupancy Classifications 1 (Highest Hazard) H 2 I-2, I-2.1, I-3, I-4, L 3 A, E, I-1, M, R-1, R-2, R-2.1, R-4 4 B, F-1, R-3, R-3.1,S-1 5 (Lowest Hazard) F-2, S-2, U e. These requirements will be applicable to the combined square footage of all building permits issued for the address or site within the last five years. Buildings or structures separated by less than ten (10) feet shall be considered as a single building or structure unless separation is provided by a permitted, code compliant, rated assembly. f. In buildings, or portions thereof, where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled. For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area within the surrounding exterior walls shall be considered as one building Item 11.b. - Page 15 ORDINANCE NO. PAGE 7   (measured from the exterior surface of these exterior walls). For the purpose of calculating square footage for the application of fire sprinkler requirements and fire flow, the floor area shall be as defined by Floor Area Gross in Section 202 of this code. SECTION 13. AGMC Section 15.04.054, entitled “Permit Expiration”, is hereby amended as follows: 15.04.054 - Permit expiration. In accordance with Health and Safety Code Section 18938.6, a permit shall become invalid if the proposed development is not commenced within 12 months (365 days) after its issuance, unless the permitee has abandoned the work authorized by the permit. The building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. Extensions shall be requested in writing and justifiable cause demonstrated. No extension of time granted by the building official shall extend the application beyond the effective date of the next edition of the triennial California Building Standards Code, the effective date of local construction related amendments or statewide emergency amendments, or the effective date of applicable local fees or fee increases. SECTION 14. A new AGMC Section 15.04.070, entitled “Appendix J of the 2019 California Building Code”, is hereby added to chapter 15.04 and reads as follows: 15.04.070 – Appendix J of the 2019 California Building Code. Appendix sections J101.3, J101.4 and J103.3 are hereby added as follows: J101.3 Hillsides. The term hillside area is defined as all properties with slopes of 10 percent or more. No grading shall commence on slopes greater than 30 percent, including but not limited to access roads and driveways unless approved by the planning commission or the city council. The hillside development regulations of the city zoning ordinance and General Plan/Local Coastal Plan Policy C0-10 shall apply in addition to the standards and procedures set forth in this code for all properties in this category. J101.4 Approval for building construction. Prior to commencement of any building construction, pursuant to a building permit for the graded site, a benchmark shall be provided to verify that the building site is graded in conformance with the approved grading plan. No building construction shall be started until the building official or city engineer has verified that the rough grading conforms to the approved plan, including any interim or permanent erosion control measures deemed necessary. J103.3 Early grading. A grading permit shall not be issued prior to issuance of a building permit for the project unless: 1. Approval of a tentative subdivision or tract map, use permit, planning permit or similar authorization has been granted; and 2. Related street and utility grades have been established and approved; and 3. A surety bond in accordance with AGMC Section 13.24.190 is deposited to guarantee restoration of the site to a natural or other condition Item 11.b. - Page 16 ORDINANCE NO. PAGE 8   acceptable to the building official should the project not proceed to completion. SECTION 15. AGMC Section 15.04.026, entitled “Section R313 of the 2016 California Residential Code”, is hereby amended as follows: 15.04.026 - Section R313 of the 2019 California Residential Code. Sections R313.1 and 313.2, not including R313.2.1, shall be deleted in its entirety and replaced with the following: R313.1. An automatic residential fire sprinkler system shall be installed as follows: 1. In all R-3 occupancies, and U occupancies including private garages accessory to: a. Including all attached structures; b. Including all structures within 10 feet 2. In additions or alterations for all buildings or structures as follows: a. Throughout structures where additions add more than 50% of the existing square footage to the structure AND results in a total square footage in excess of 1,000 (one thousand) square feet. b. Throughout existing structures where alterations encompass more than 50% of the existing square footage of the structure AND is in excess of 1,000 (one thousand) square feet. c. Throughout structures where additions and alterations combined encompass more than 50% of the existing square footage of the structure AND are in excess of 1,000 (one thousand) square feet. d. Where there is a change of occupancy to a more hazardous use as determined by the Building Official or Fire Chief based on Table R313.1: Table R313.1 Hazard Categories Relative Hazard Occupancy Classifications 1 (Highest Hazard) H 2 I-2, I-2.1, I-3, I-4, L 3 A, E, I-1, M, R-1, R-2, R-2.1, R-4 4 B, F-1, R-3, R-3.1,S-1 5 (Lowest Hazard) F-2, S-2, U e. These requirements will be applicable to the combined square footage of all building permits issued for the address or site within the last five years. Buildings or structures separated by less than ten (10) feet shall be considered as a single building or structure unless separation is provided by a permitted, code compliant, rated assembly. Item 11.b. - Page 17 ORDINANCE NO. PAGE 9   For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area within the surrounding exterior walls shall be considered as one building (measured from the exterior surface of these exterior walls). For the purpose of calculating square footage for the application of fire sprinkler requirements and fire flow, the floor area shall be as defined by Floor Area Gross in Section 202 of this code. Exceptions: 1. Accessory Dwelling Unit, provided that all of the following are met: 2.1 The unit meets the definition of an Accessory Dwelling unit as defined in the Government Code Section 65852.2 2.2 The existing primary residence does not have automatic fire sprinklers. 2.3 The accessory detached building does not exceed 1,200 square feet in size. 2.4 The unit is on the same lot as the primary residence. SECTION 16. Subsection A.4 “STOP WORK” of AGMC Section 15.10.040, entitled “Placards”, is hereby amended as follows: 15.10.040 - Placards. A.4. "STOP WORK" is to be posted on structures that are found to be in violation of the California Building Code, Chapter 1 and the Arroyo Grande Municipal Code Section 15.04.010, in that work has been done without proper permits. SECTION 17. Within fifteen (15) days after passage of this Ordinance, it shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City. SECTION 18. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 19. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. On motion of Council Member ____________, seconded by Council Member ___________, and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Ordinance was passed and adopted this ______ day of _________, 2020. Item 11.b. - Page 18 ORDINANCE NO. PAGE 10   ___________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ___________________________________ KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: ______________________________________ WHITNEY MCDONALD, CITY MANAGER APPROVED AS TO FORM: ___________________________________ TIMOTHY J. CARMEL, CITY ATTORNEY Item 11.b. - Page 19 THIS PAGE INTENTIONALLY LEFT BLANK Item 11.b. - Page 20