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
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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
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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
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(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
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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.
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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.
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___________________________________
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
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